Agenda packet, regular meeting — Moreno Valley City Council, June 21, 2022 (part 9 of 20)

CAV Consulting
April 14, 2022
Public Works Department
City of Moreno Valley
Attn: Ms. Melissa Walker, PE
14177 Frederick Street
P.O. Box 88005
Moreno Valley, CA 92552
Re:On-Call Professional Consulting Services for Civil Engineer/Project Manager – Scope Change CAV Consulting is pleased to submit our proposal for Change of Scope (Service Enhancement) to the existing contract for OnCall Professional Consulting Services for Civil Engineer/Project Manager for the City of Moreno Valley. We are proposing additional services provided by experienced, professional staff who have the qualificationsand skills to provide a variety of topquality services to meet the City’s needs.

CAV Consulting has been providing professional Project Management services to the Capital Project’s Division since our contract started in September 2021 and have a good knowledge of the demands and responsibilities facing the Division. Due to recent position vacancies, the City has requested additional support services available under the current contract to be added to the existing Scope of Work. The following additional scope is proposed: Management Analyst Services, Principal Engineering Services, and continued Project Management Services.

CAV Consulting’s blend of extensive and diverse experience and certifications enables us to work effectively with all City departments for the successful delivery of projects. Our company consists of seasoned professionals, all experts in their respective fields, with a goal in ensuring the success of our client’s programs and projects. The combined experience of our professionals through years ofworking on both sides of the counter, enable us to assure the successful delivery of projects, within schedule and budget. Being a smaller firm, we are able to focus on the City’s goals and objectives.

Each of the staff members proposed for this Scope Change were carefully selected based on our understanding needs of the Division. Mr. Chris A. Vogt, P.E. is the President/CEO of CAV Consulting and will serve as the interim Principal Engineer.

He will also continue to serve as a Sr. Project Manager and Key Contact to the City of Moreno Valley. He is the Principal-inCharge and has the authority to sign all necessary agreements. Ms. Teresa Tena will provide Management Analyst Services as-needed by the City. Mr. Viren Shah, PE will continue to provide Project Management Services to the City’s Capital Projects Division under the existing contract.

Proposed Staff
Project Representative/Interim Principal Engineer/Senior Project Manager Chris A. Vogt, PE │ ITERIM PRINCIPAL ENGINEER │ SR.PROJECT MANAGER │ KEY CONTACT Chris has nearly 34 years of successful planning, implementing, and administering public works projects and programs. He brings a solid history of successful management with over 21 years as a Public Works Director/City Engineer. He brings an exemplary work ethic focusing on continuous process improvements while maintaining the ability to effectively navigate through politically sensitive environments.

He has managed an operational budget over $39 million and a comprehensive Capital Improvement Program in excess of $1.6 billion. Supporting cities in Southern California, Chris has a wealth of knowledge in budget preparation; infrastructure A.31.d
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CAV Consulting
maintenance; professional and construction contract negotiations; organizational development; project management; water, sewer and electrical utility operations and construction; engineering design; staff development; training and mentoring; complex engineering studies such as Development Impact Fees and assessment engineering; and public informational and collaborative meetings.

Chris is a professional who brings solutions to our clients. He is flexible and open with his communications and fosters a teamwork atmosphere in resolving challenges. He is committed to serving the needs of the client through strong leadership and a collaborative approach.

Senior Administrative Analyst
Teresa Tena │ SENIOR MANAGEMENT ANALYST
Teresa is a seasoned Management Analyst with over 10 years of relevant municipal building and engineering department experience serving internal and external clients at the counter. In addition to her ICC Permit Technician Certification, she is also an ICC Certified Building Official, Plans Examiner, and Building Inspector. This abundance of credentials, paired with years of practical knowledge, make Teresa the ideal counter representative, able review submittals for completeness and provide plan check over-the-counter for simple projects. She also has an Associate Degree in Accounting and has experience with budgeting and financial tracking. One of her strengths is the ability to multitask and “change hats” for various responsibilities and disciplines.

Cost Estimate

The following is a cost estimate based on our assumptions after discussing the assignment responsibilities with City Staff.

The estimate shown will be added to the existing balance of the contract. It is estimated that based on project projections, and assuming the City’s weekly need,

CLASSIFICATION HOURLY
RATE

ESTIMATED

HOURS COST
Principal Engineering
Services $168.00 360 $60,480
Management Analyst
Services $109.00 601 $65,509
Sr. Project Management
Services (Continued) $163.00 220 $35,860
Project Management
Services (Continued) $157.00 243 $38,150
Total $ 200,000
This additional “not to exceed” fee for the Change in Contract Scope, including the remaining funding for the original contract services will provide Services under the existing contract up to June 30, 2023. The additional services estimates are based on 10-30 hours per week until June 30, 2023. Additional services needed beyond the estimated duration will be provided on a “time and materials” basis at CAV Consulting’s standard hourly rates according to the approved Fee Schedule for the year in which the services are provided. These rates apply for work during normal business hours only. Nights, weekends, and holidays will be an extra. All work will be completed on a time and materials basis. All charges will be billed only for the actual work conducted.

All assigned staff are prepared to serve the City for the entire duration of the assignment. CAV Consulting staff is also prepared to work in Agency offices with Agency equipment and materials, on-site with company issued equipment and materials AND/OR in our offices with company issued equipment and materials.

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CAV Consulting
Please do not hesitate to contact me directly if you have any questions or would like additional information about how we can assist the City.

Chris A. Vogt, PE | President/Owner
17130 Van Buren Blvd, Suite 526
Riverside, CA 92508
direct 951.616.4925
[email protected]
.

This proposal will remain valid for 180 days from the due date for the receipt of proposals or receipt of the last best and final offer submitted. Thank you for the opportunity to serve the City of Moreno Valley.

Sincerely,
Chris A. Vogt, PE
President/Owner
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FY 2022/23

CAV CONSULTING - HOURLY RATES FOR SERVICES
Hourly billing rates for the specific Project Management Services proposed are as follows:

Classification Rate
Principal................................................................................................................................................................. $180 Public Works Director ................................................................................................................................................174 City Engineer.............................................................................................................................................................168 Senior Project Manager .............................................................................................................................................163 Project Manager........................................................................................................................................................157 Traffic Engineer.........................................................................................................................................................163 Senior Construction Manager.....................................................................................................................................152 Construction Manager...............................................................................................................................................147 Management Analyst ................................................................................................................................................109 Staff Analyst................................................................................................................................................................98 Planning Manager.....................................................................................................................................................152 Resident Engineer ....................................................................................................................................................155 Plan Check Engineer III.............................................................................................................................................152 Plan Check Engineer II..............................................................................................................................................147 Plan Check Engineer I...............................................................................................................................................141 Senior Engineer........................................................................................................................................................147 Associate Engineer...................................................................................................................................................136 Assistant Engineer (EIT)............................................................................................................................................125 Engineering Technician II..........................................................................................................................................109 Engineering Technician I.............................................................................................................................................98 Administrative Support II .............................................................................................................................................65 Administrative Support I ..............................................................................................................................................60 Senior Public Works Inspector (or prevailing wage) ...................................................................................................136 Public Works Inspector IV .........................................................................................................................................130 Public Works Inspector III..........................................................................................................................................125 Public Works Inspector II...........................................................................................................................................120 Public Works Inspector I............................................................................................................................................115 Building and Safety Services
Building Official .........................................................................................................................................................152 Building Plans Examiner III........................................................................................................................................141 Building Plans Examiner II ........................................................................................................................................136 Building Plans Examiner I .........................................................................................................................................130 Sr. Building Inspector (or Prevailing Wage)................................................................................................................136 Building Inspector II...................................................................................................................................................130 Building Inspector I....................................................................................................................................................125 Certified Permit Technician ..........................................................................................................................................76 Mileage reimbursement will be charged at the current Federal guideline rate at the time of billing. Consultation in connection with litigation and court appearances will be quoted separately. Overtime will be billed at 1.5 times, and Sundays and holidays 2.0 times the standard rate. A sub consultant management fee of ten percent (10%) will be added to the direct cost of all sub consultant services to provide for the cost of administration, consultation and coordination. A markup of ten percent (10%) will be added to the cost of all prints, plots, messenger service and other direct expenses. Valid thru FY 2022/2023; thereafter, the rates may be raised once per year to the value of change of the Consumer Price Index for the Los Angeles/Orange County/Riverside County.

CAV Consulting
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ID#5854 Page 1
TO: Mayor and City Council
FROM: Michael Lloyd, Public Works Director/City Engineer AGENDA DATE: June 21, 2022
TITLE: APPROVE AND EXECUTE THE AGREEMENT WITH BEST
CONTRACTING SERVICES, INC., FOR ROOF
REPLACEMENTS PROJECT 803 0054 AND BUDGET

APPROPRIATION

RECOMMENDED ACTION
Recommendations:

1. Approve the Agreement for the Roof Replacements Project No. 803 0054 with Best Contracting Services, Inc., the lowest responsible bidder, funded through Facility Construction (Fund 3000), Zone A Parks (Fund 5011), and Facilities Replacement Reserve (Fund 7330);

2. Authorize the City Manager to execute the Agreement for the Roof Replacements with Best Contracting Services, Inc.; and issuance of the Purchase Order for installation after the Agreement has been fully executed;

3. Authorize the City Manager to execute any subsequent related Extensions or Amendments to the Agreement within the authorized funding, subject to the approval of the City Attorney; and

4. Approve Budget Adjustments as contained in the Fiscal Impact section of this report.

SUMMARY
This report recommends approval of the Agreement for Roof Replacements Project at the Conference and Recreation Center, March Field Park Community Center, and Animal Shelter with Best Contracting Services, Inc. The project is funded through the Facility Construction (Fund 3000), Zone A Parks (Fund 5011), and Facilities Replacement Reserve (Fund 7330) as recommended in the Fiscal Impact.

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DISCUSSION
The installation of the Roof Replacement Project No. 803 0054 as proposed in this report consists of roof rehabilitation at three City facilities: Conference and Recreation Center, March Field Park Community Center, and Animal Shelter.

The Roof Replacements Project was advertised for construction bids on April 13, 2022 and formal bidding procedures were followed in conformance with the Public Contract Code. Bids were received via our electronic bid management system, Planet Bids, on May 09, 2022. Five bids were submitted for this project.

Contractors Bid Amount
Best Contracting Services, Inc. $861,666.00
Chapman Coast Roof Co., Inc $864,754.00
F C And Sons Roofing Inc $910,000.00
Rite-Way Roof Corporation $960,513.00
4 Seasons Roofing, Inc. $1,473,000.00
The lowest responsible bidder was determined by comparing the cumulative total for all bid items as stipulated within the bidding documents.

Staff has determined the lowest responsible bidder to be Best Contracting Services, Inc., and recommend awarding the bid in the amount of $861,666.00 and authorization of 20% contingency in the amount of $172,333.20 to account for any latent or unforeseen circumstances encountered during roof replacements.

Approval with this project as presented will bring a much-needed roof rehabilitation to the three facilities previously mentioned. The new roofing will come with a 40-year warranty and significantly reduce the maintenance and repair cost each year. The installation will include a seamless roof from the top of the wall to the bottom of the drain. This will reduce the number of leaks and required maintenance over the life of the new roof.

ALTERNATIVES

1. Approve and authorize the recommended actions as presented in this staff report. Staff recommends this alternative as it will allow for timely completion of the Roof Rehabilitation.

2. Elect not to approve and authorize the recommended actions as presented in this staff report, and provide further direction to staff. Staff does not recommend this alternative as it will delay completion of the Roof Rehabilitation.

FISCAL IMPACT
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There is no impact to the General Fund. The total cost of the Roof Replacements project is $1,034,999.20 of which, $675,00 has already been appropriated. The remaining project balance of $359,000 is available in Facilities Replacement Reserve (Fund 7330) in the amount of $103,519 and Zone A Parks (Fund 5011) in the amount of $255,481.

Description Fund GL Account No. Type
(Rev/Exp)
FY 21/22
Budget
Proposed
Adjustments
FY 21/22
Amended
Budget
CIP Zone A Parks 5011-50-57-80003-720199
803 0054-5011-99
Exp $533,719 $255,481 $789,200
Transfer To Facilities
Replacement
Reserve
7330-99-99-97330-903000 Exp $1,449,986 $103,519 $1,553,505 Transfer In Facility
Construction
3000-99-99-93000-807330 Rev $1,449,986 $103,519 $1,553,505 CIP Facility
Construction
3000-70-40-80003-720199
803 0054-3000-99
Exp $141,281 $103,519 $244,800

ANTICIPATED PROJECT SCHEDULE
Notice to Proceed…………………………………………………..... June 2022
Start of Construction…………………………………………………. July 2022
Construction Completion…………………………………………….. August 2022
Project Closeout………………………………………………………. November 2022

NOTIFICATION
Posting of the Agenda

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Tyler Smith Michael Lloyd
Management Assistant Public Works Director / City Engineer Concurred By:

Joseph Mattox
Maintenance & Operations Division Manager

CITY COUNCIL GOALS
Advocacy. Develop cooperative intergovernmental relationships and be a forceful advocate of City policies, objectives, and goals to appropriate external governments, agencies and corporations.

Public Safety. Provide a safe and secure environment for people and property in the community, control the number and severity of fire and hazardous material incidents, and provide protection for citizens who live, work and visit the City of Moreno Valley.

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Public Facilities and Capital Projects. Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.

Positive Environment. Create a positive environment for the development of Moreno Valley's future.

Community Image, Neighborhood Pride and Cleanliness. Promote a sense of community pride and foster an excellent image about our City by developing and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Project 803 0054 Roof Replacements Agreement

APPROVALS
Budget Officer Approval ✓ Approved . 6/09/22 12:17 PM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/09/22 1:51 PM
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City of Moreno Valley
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Agreement No.

AGREEMENT
Project No. 803 0054
Roof Replacements
14041 Elsworth Street, Moreno Valley, CA 92553
14075 Frederick Street, Moreno Valley, CA 92553
15325 5th Street #938, March Air Field, Moreno Valley, CA 92518 THIS Agreement, effective as of the date signed by the City of Moreno Valley by and between the City of Moreno Valley, a municipal corporation, County of Riverside, State of California, hereinafter called the "City" and Best Contracting Services, Inc., hereinafter called the "Contractor."
That the City and the Contractor for the consideration hereinafter named, agree as follows:

1. CONTRACT DOCUMENTS. The Contract Documents consist of the following, which are incorporated herein by this reference:

A. This Agreement
B. Any and all Contract Change Orders and Construction Change Directives issued after execution of this Agreement
C. Addenda Nos. 1 inclusive, issued prior to the Bid Deadline D. The bound Contract Documents that include City Special Provisions, General Provisions, and Technical Provisions
E. Standard Specifications for Public Works Construction (“Greenbook”) – latest edition in effect at the Bid Deadline, as modified by the City Special Provisions F. Reference Specifications/Reference Documents other than those listed in paragraph 2, below
G. Vendor Specifications
H. Governmental approvals, including, but not limited to, permits required for the Work I. Contractor’s Labor and Materials Payment Bond (for reference only) J. Contractor’s Faithful Performance Bond (for reference only) K. Contractor’s Certificates of Insurance and Additional Insured Endorsements In the event of conflict between any of the Contract Documents, the provisions placing a more stringent requirement on the Contractor shall prevail. The Contractor shall provide the better quality or greater quantity of Work and/or materials unless otherwise directed by City in writing.

In the event none of the Contract Documents place a more stringent requirement or greater burden on the Contractor, the controlling provision shall be that which is found in the document with higher precedence in accordance with the above order of precedence.

2. REFERENCE DOCUMENTS. The following Reference Documents are not considered Contract Documents and are made available to the Contractor for informational purposes: N/A

3. SCOPE OF WORK. The Contractor shall perform and provide all materials, tools, equipment, labor, and services necessary to complete the Work described in the Contract A.32.a
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Documents, except as otherwise provided in the Plans, Standard Specifications, or City Special Provisions to be the responsibility of others.

4. PAYMENT.

4.1. Contract Price and Basis for Payment. In consideration for the Contractor’s full, complete, timely, and faithful performance of the Work required by the Contract Documents, the City shall pay Contractor for the actual quantity of Work required under the Bid Items awarded by the City performed in accordance with the lump sum prices and unit prices for Bid Items, if any, set forth the Bid Schedule submitted with the Bid. The sum of the unit prices and lump sum prices for the Base Bid Items, if any, awarded by the City is Eight Hundred and Sixty-One Thousand Six Hundred and Sixty-Six Dollars ($861,666.00) (“Contract Price”). It is understood and agreed that the quantities set forth in the Bid Schedule for which unit prices are fixed are estimates only and that City will pay and Contractor will accept, as full payment for these items of Work, the unit prices set forth in the Bid Schedule multiplied by the actual number of units performed, constructed, or completed as directed and measured by the City Engineer.

4.2. Payment Procedures. Based upon applications for payment submitted by the Contractor to the City, the City shall make payments to the Contractor in accordance with Section 7 of the Standard Specifications, as modified by Section 7 of the City Special Provisions.

5. CONTRACT TIME.

A. Initial Notice to Proceed. After the Agreement has been fully executed by the Contractor and the City, the City shall issue the “Notice to Proceed to Fulfill Preconstruction Requirements.” The date specified in the Notice to Proceed to Fulfill Preconstruction Requirements constitutes the date of commencement of the Contract Time of Forty (45) Working Days. The Contract Time includes the time necessary to fulfill preconstruction requirements and to complete construction of the Project (except as adjusted by subsequent Change Orders).

The Notice to Proceed to Fulfill Preconstruction Requirements shall further specify that Contractor must complete the preconstruction requirements within ten (10) Working Days after the date of commencement of the Contract Time; this duration is part of the Contract Time.

Critical preconstruction requirements may include, but are not limited to, the following:
• Submitting and obtaining approval of any Traffic Control Plans • Submitting and obtaining approval of the Pollution Prevention Plan (PPP) • Submitting and obtaining approval of critical required submittals • Obtaining an approved no fee Encroachment Permit
• Notifying all agencies, utilities, residents, etc., as outlined in the Contract Documents If the City’s issuance of a Notice to Proceed to Fulfill Preconstruction Requirements is delayed due to Contractor’s failure to return the fully executed Agreement and insurance and bond documents within ten (10) Working Days after Contract award, then Contractor agrees to the deduction of one (1) Working Day from the number of days to complete the Project for every Working Day of delay in the City’s receipt of said documents. This right is in addition to and does not affect the City’s right to demand forfeiture of Contractor’s Bid Security if Contractor persistently delays in providing the required documentation.

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B. Notice to Proceed with Construction. After all preconstruction requirements are met in accordance with the Notice to Proceed to Fulfill Preconstruction Requirements, the City shall issue the “Notice to Proceed with Construction,” at which time the Contractor shall diligently prosecute the Work, including corrective items of Work, day to day thereafter, within the remaining Contract Time.

6. LIQUIDATED DAMAGES AND CONTROL OF WORK.

6.1. Liquidated Damages. The Contractor and City (collectively, the “Parties”) have agreed to liquidate damages with respect to Contractor’s failure to complete the Work within the Contract Time, which includes the time necessary to fulfill preconstruction requirements and to complete construction of the Project (except as adjusted by subsequent Change Orders) in accordance with Article 5 above. The Parties intend for the liquidated damages set forth herein to apply to this Contract as set forth in Government Code Section 53069.85 and in Public Contract Code Section 7203. Contractor acknowledges and agrees that the liquidated damages are intended to compensate the City solely for Contractor’s failure to meet the deadlines for completion of the Work and will not excuse Contractor from liability from any other breach, including any failure of the Work to conform to the requirements of the Contract Documents.

In the event that Contractor fails to complete the Work within the Contract Time, Contractor agrees to pay the City $500 per Calendar Day that completion of the each such portion of the Work is delayed beyond the Contract Time. The Contractor will not be assessed liquidated damages for delays occasioned by the failure of the City or of the owner of a utility to provide for the removal or relocation of utility facilities.

The Contractor and City acknowledge and agree that the foregoing liquidated damages have been set based on an evaluation of damages that the City will incur in the event of late completion of portions of the Work. The Contractor and City acknowledge and agree that the amount of such damages is impossible to ascertain as of the date of execution hereof and have agreed to such liquidated damages to fix the City’s damages and to avoid later disputes. It is understood and agreed by Contractor that liquidated damages payable pursuant to this Agreement are not a penalty and that such amounts are not manifestly unreasonable under the circumstances existing as of the date of execution of this Agreement.

It is further mutually agreed that the City will have the right to deduct liquidated damages against progress payments or retainage and that the City will issue a Change Order or Construction Change Directive and reduce the Contract Price accordingly. In the event the remaining unpaid Contract Price is insufficient to cover the full amount of liquidated damages, Contractor shall pay the difference to the City.

Liquidated damages are owed automatically and without notice of any kind upon the accrual of each day of delay. City may at any time deduct liquidated damages as are payable hereunder from money due or to become due to Contractor, or pursue any other legal remedy to collect such liquidated damages from Contractor and/or its Surety. Neither the City's failure or delay in deducting liquidated damages from payments otherwise due Contractor, nor City's failure or delay in notifying Contractor of the accrual of liquidated damages, shall be deemed a waiver of City's right to liquidated damages.

City's rights under this Section shall not be interpreted as precluding or limiting: (1) any right or remedy of City arising from an event of Contractor default other than a failure to complete the A.32.a
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Work within the Contract Time; or (2) City's right to order an acceleration, at Contractor's expense, of performance of the Work to overcome delay, including, without limitation, a delay for which City has the right to assess and/or accrue liquidated damages. The availability of liquidated damages shall not limit City's right to terminate the Contractor’s performance and accrual and/or assessment of liquidated damages does not constitute a waiver of such rights.

6.2. Owner is Exempt from Liability for Early Completion Delay Damages. While the Contractor may schedule completion of all of the Work, or portions thereof, earlier than the Contract Time, the Owner is exempt from liability for and the Contractor will not be entitled to an adjustment of the Contract Sum or to any additional costs, damages, including, but not limited to, claims for extended general conditions costs, home office overhead, jobsite overhead, and management or administrative costs, or compensation whatsoever, for use of float time or for Contractor’s inability to complete the Work earlier than the Contract Time for any reason whatsoever, including but not limited to, delay cause by Owner or other Excusable Compensable Delay. See Section 6-4 of the Standard Specifications and City Special Provisions regarding compensation for delays.

6.3. Any work completed by the Contractor after the issuance of a Stop Work Notice by the City shall be rejected and/or removed and replaced as specified in Section 3-5 of the City Special Provisions.

7. INSURANCE.

7.1. General. The Contractor shall procure and maintain at its sole expense and throughout the term of this Agreement, any extension thereof, Commercial General Liability, Automobile Liability, and Workers’ Compensation Insurance with such coverage limits as described herein.

7.2. Additional Insured Endorsements. The Contractor shall cause the insurance required by the Contract Document to include the City of Moreno Valley, the City Council and each member thereof, the Moreno Valley Housing Authority (MVHA), and the Moreno Valley Community Services District (CSD) and their respective officials, employees, commission members, officers, directors, agents, employees, volunteers and representatives as an additional insureds. For the Commercial General Liability coverage, said parties shall be named as additional insureds utilizing either:

1. Insurance Services Office (“ISO”) Additional Insured endorsement CG 20 10 (11/85); or

2. ISO Additional Insured endorsement CG 20 10 (10/01) and Additional Insured Completed Operations endorsement CG 20 37 (10/01); or

3. Substitute endorsements providing equivalent coverage, approved by the City.

The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. The coverage shall contain no special limitations on the scope of protection afforded to such additional insureds. Coverage for such additional insureds does not extend to liability to the extent prohibited by Insurance Code Section 11580.4.

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7.3. Waivers of Subrogation. All policies of insurance required by the Contract Documents shall include or be endorsed to provide a waiver by the insurers of any rights of recovery or subrogation that the insurers may have at any time against the City of Moreno Valley, the City Council and each member thereof, the Moreno Valley Housing Authority (MVHA), and the Moreno Valley Community Services District (CSD) and their respective officials, employees, commission members, officers, directors, agents, employees, volunteers, and representatives.

7.4. Primary Coverage. All policies and endorsements shall stipulate that the Contractor’s (and the Subcontractors’) insurance coverage shall be primary insurance as respects the City of Moreno Valley, the City Council and each member thereof, the Moreno Valley Housing Authority (MVHA), and the Moreno Valley Community Services District (CSD) and their respective officials, employees, commission members, officers, directors, agents, employees, volunteers, and representatives, and shall be excess of the Contractor’s (and its Subcontractors’) insurance and shall not contribute with it.

7.5. Coverage Applies Separately to Each Insured and Additional Insured.

Coverage shall state that the Contractor’s (and its Subcontractors’) insurance shall apply separately to each insured or additional insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Coverage shall apply to any claim or suit brought by an additional insured against a named insured or other insured.

7.6. Self-Insurance. Any self-insurance (including deductibles or self-insured retention in excess of $50,000) in lieu of liability insurance must be declared by Contractor and approved by the City in writing prior to execution of the Agreement. The City’s approval of selfinsurance, if any, is within the City’s sole discretion and is subject to the following conditions:

1. Contractor must, at all times during the term of the Agreement and for a period of at least one (1) year after completion of the Project and any extension of the one-year correction guarantee period in accordance with Section 3-13.3 of the City Special Provisions, maintain and upon Owner’s reasonable request provide evidence of:
(a) Contractor’s “net worth” (defined as “total assets” [defined as all items of value owned by the Contractor including tangible items such as cash, land, personal property, and equipment, and intangible items such as copyrights and business goodwill]) minus total outside liabilities must be reflected in a financial statement for the prior fiscal year reflecting sufficient income and budget for Contractor to afford at least one loss in an amount equal to the amount of self-insurance;
(b) Financial statements showing that Contractor has funds set aside/budgeted to finance the self-insured fund (i.e., Contractor has a program that fulfills functions that a primary insurer would fill); and (c) A claims procedure that identifies how a claim is supposed to be tendered to reach the financing provided by the self-insured fund.

2. If at any time after such self-insurance has been approved, the Contractor fails to meet the financial thresholds or otherwise fails to comply with the provisions set forth in this Paragraph 7, at the option of the City:

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(a) The Contractor shall immediately obtain and thereafter maintain the third party insurance required under this Paragraph 7 and otherwise on the terms required above; or
(b) The insurer shall reduce or eliminate such deductibles or selfinsured retention as respects the City, its officers, officials, employees, and volunteers; or
(c) The Contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration, and defense expenses.

7.7. Insurer Financial Rating. Insurance companies providing insurance hereunder shall be rated A-VII or better in Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct insurance business in the State of California.

7.8. Notices to City of Cancellation or Changes. Each insurance policy described in this Paragraph 7 shall contain a provision or be endorsed to state that coverage will not be cancelled without thirty (30) days’ prior written notice by certified or registered mail to the City (this obligation may be satisfied in the alternative by requiring such notice to be provided by Contractor’s insurance broker and set forth on its Certificate of Insurance provided to the City), except that cancellation for non-payment of premium shall require (10) days prior written notice by certified or registered mail. If an insurance carrier cancels any policy or elects not to renew any policy required to be maintained by Contractor pursuant to the Contract Documents, Contractor agrees to give written notice to the City at the address indicated on the first page of the Agreement. Contractor agrees to provide the same notice of cancellation and non-renewal to the City that is required by such policy(ies) to be provided to the First Named Insured under such policy(ies). Contractor shall provide confirmation that the required policies have been renewed not less than seven (7) days prior to the expiration of existing coverages and shall deliver renewal or replacement policies, certificates and endorsements to the City Clerk within fourteen (14) days of the expiration of existing coverages. Contractor agrees that upon receipt of any notice of cancellation or alteration of the policies, Contractor shall procure within five (5) days, other policies of insurance similar in all respects to the policy or policies to be cancelled or altered. Contractor shall furnish to the City Clerk copies of any endorsements that are subsequently issued amending coverage or limits within fourteen (14) days of the amendment.

7.9. Commercial General Liability. Coverage shall be written on an ISO Commercial General Liability “occurrence” form CG 00 01 (10/01 or later edition) or equivalent form approved by the City for coverage on an occurrence basis. The insurance shall cover liability, including, but not limited to, that arising from premises operations, stop gap liability, independent contractors, products-completed operations, personal injury, advertising injury, and liability assumed under an insured contract. The policy shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 (11/85). Coverage shall contain no contractors’ limitation or other endorsement limiting the scope of coverage for liability arising from pollution, explosion, collapse, or underground (x, c, u) property damage. Contractor shall provide Products/Completed Operations coverage to be maintained continuously for a minimum of one (1) year after Final Acceptance of the Work, and any extension of the one-year correction guarantee period in accordance with Section 3-13.3 of the City Special Provisions.

A.32.a
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Project No. 803 0054

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Contractor shall maintain Commercial General Liability insurance with the following minimum limits: $1,000,000 per occurrence / $2,000,000 aggregate / $2,000,000 products-completed operations.

7.10. Business Automobile Liability. Coverage shall be written on ISO form CA 00 01 (12/93 or later edition) or a substitute form providing equivalent coverage for owned, hired, leased and non-owned vehicles, whether scheduled or not, with $1,000,000 combined single limit per accident for bodily injury and property damage. If necessary, the policy shall be endorsed to provide contractual liability coverage.

7.11. Workers’ Compensation. Contractor shall comply with the applicable sections of the California Labor Code concerning workers’ compensation for injuries on the job. Compliance is accomplished in one of the following manners:

1. Provide copy of permissive self-insurance certificate approved by the State of California; or

2. Secure and maintain in force a policy of workers’ compensation insurance with statutory limits and Employer’s Liability Insurance with a minimal limit of $1,000,000 per accident; or

3. Provide a “waiver” form certifying that no employees subject to the Labor Code’s Workers’ Compensation provision will be used in performance of this Contract.

7.12. Subcontractors’ Insurance. The Contractor shall include all Subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein.

8. BONDS. The Contractor shall provide two surety bonds. The Contractor shall furnish a satisfactory Performance Bond meeting all statutory requirements of the State of California on the form provided by the City. The bond shall be furnished as a guarantee of the faithful performance of the requirements of the Contract Documents as may be amended from time to time, including, but not limited to, liability for delays and damages (both direct and consequential) to the City and the City’s Separate Contractors and consultants, warranties, guarantees, and indemnity obligations, in an amount that shall remain equal to one hundred percent (100%) of the Contract Price.

The Contractor shall furnish a separate satisfactory Labor and Materials Payment Bond meeting all statutory requirements of the State of California on the form provided by the City in an amount that shall remain equal to one hundred percent (100%) of the Contract Price to secure payment of all claims, demands, stop payment notices, or charges of the State of California, of material suppliers, mechanics, or laborers employed by the Contractor or by any Subcontractor, or any person, form, or entity eligible to file a stop payment notice with respect to the Work.

All bonds shall be executed by a California-admitted surety insurer. Bonds issued by a Californiaadmitted surety insurer listed on the latest version of the U.S Department of Treasury Circular 570 shall be deemed accepted unless specifically rejected by the City. Bonds issued by sureties not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660(a). The bonds shall bear the same date as A.32.a
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the Contract. The attorney-in-fact who executes the required bonds on behalf of the surety shall affix thereto a certified and current copy of the power of attorney. In the event of changes that increase the Contract Price, the amount of each bond shall be deemed to increase and at all times remain equal to the Contract Price. The signatures shall be acknowledged by a notary public.

Every bond must display the surety’s bond number and incorporate the Contract for construction of the Work by reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time, alteration, or modification of the Contract Documents or the Work to be performed thereunder shall in any way affect its obligations and shall waive notice of any such change, extension of time, alteration, or modification of the Contract Documents. The surety further agrees that it is obligated under the bonds to any successor, grantee, or assignee of the City.

Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished.

Should any bond become insufficient, or should any of the sureties, in the opinion of the City, become non-responsible or unacceptable, the Contractor shall, within ten (10) Calendar Days after receiving notice from the City, provide written documentation to the Satisfaction of the City that Contractor has secured new or additional sureties for the bonds; otherwise, the Contractor shall be in default of the Contract. No further payments shall be deemed due or will be made under Contract until a new surety(ies) qualifies and is accepted by the City.

Contractor agrees that the Labor and Materials Payment Bond and Faithful Performance Bond attached to this Agreement are for reference purposes only and shall not be considered a part of this Agreement. Contractor further agrees that said bonds are separate obligations of the Contractor and its Surety, and that any attorney’s fee provision contained in any payment bond or performance bond shall not apply to this Agreement. In the event there is any litigation between the parties arising from the breach of this Agreement, each party will bear its own attorneys’ fees in the litigation.

9. RECORDS. The Contractor and its Subcontractors shall maintain and keep books, payrolls, invoices of materials, and Project records current, and shall record all transactions pertaining to the Contract in accordance with generally acceptable accounting principles. Said books and records shall be made available to the City of Moreno Valley, Riverside County, the State of California, the Federal Government, and to any authorized representative thereof for purposes of audit and inspection at all reasonable times and places. All such books, payrolls, invoices of materials, and records shall be retained for at least five (5) years after Final Acceptance.

10. INDEMNIFICATION.

10.1. General. To the fullest extent permitted by law, the Contractor assumes liability for and agrees, at the Contractor’s sole cost and expense, to promptly and fully indemnify, protect, hold harmless and defend (even if the allegations are false, fraudulent, or groundless), the City of Moreno Valley, its City Council, the Moreno Valley Housing Authority (MVHA), and the Moreno Valley Community Services District (CSD), and all of their respective officials, officers, directors, employees, commission members, representatives and agents (“Indemnitees”), from and against any and all claims, allegations, actions, suits, arbitrations, administrative proceedings, regulatory proceedings, or other legal proceeds, causes of action, demands, costs, judgments, liens, stop payment notices, penalties, liabilities, damages, losses, anticipated losses of revenues, and A.32.a
Packet Pg. 1319 Attachment: Project 803 0054 Roof Replacements Agreement (5854 : APPROVE AND EXECUTE THE AGREEMENT WITH BEST CONTRACTING City of Moreno Valley
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expenses (including, but not limited to, any fees of accountants, attorneys, experts or other professionals, or investigation expenses), or losses of any kind or nature whatsoever, whether actual, threatened or alleged, arising out of, resulting from, or in any way (either directly or indirectly), related to the Work, the Project or any breach of the Contract by Contractor or any of its officers, agents, employees, Subcontractors, Sub-subcontractors, or any person performing any of the Work, pursuant to a direct or indirect contract with the Contractor (“Indemnity Claims”).

Such Indemnity Claims include, but are not limited to, claims for:

A. Any activity on or use of the City’s premises or facilities; B. Any liability incurred due to Contractor acting outside the scope of its authority pursuant to the Contract, whether or not caused in part by an Indemnified Party;
C. The failure of Contractor or the Work to comply with any Applicable Law, permit or orders;
D. Any misrepresentation, misstatement or omission with respect to any statement made in the Contract Documents or any document furnished by the Contractor in connection therewith;
E. Any breach of any duty, obligation or requirement under the Contract Documents, including, but not limited to any breach of Contractor’s warranties, representations or agreements set forth in the Contract Documents;
F. Any failure to coordinate the Work with City’s Separate Contractors; G. Any failure to provide notice to any party as required under the Contract Documents;
H. Any failure to act in such a manner as to protect the Project from loss, cost, expense or liability;
I. Bodily or personal injury, emotional injury, sickness or disease, or death at any time to any persons including without limitation employees of Contractor;
J. Damage or injury to real property or personal property, equipment and materials (including, but without limitation, property under the care and custody of the Contractor or the City) sustained by any person or persons (including, but not limited to, companies, corporations, utility company or property owner, Contractor and its employees or agents, and members of the general public);
K. Any liability imposed by Applicable Law including, but not limited to criminal or civil fines or penalties;
L. Any dangerous, hazardous, unsafe or defective condition of, in or on the Site, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the Site by Contractor, its officers, agents, employees, or Subcontractors;
M. Any operation conducted upon or any use or occupation of the Site by the Contractor, its officers, agents, employees, or Subcontractors under or pursuant to the provisions of the Contract or otherwise; N. Any acts, errors, omission or negligence of Contractor, its officers, agents, employees, or Subcontractors;
O. Infringement of any patent rights, licenses, copyrights, or intellectual property which may be brought against the Contractor or Owner arising out of Contractor’s Work, for which the Contractor is responsible; and P. Any and all claims against the City seeking compensation for labor performed or materials used or furnished to be used in the Work or alleged A.32.a
Packet Pg. 1320 Attachment: Project 803 0054 Roof Replacements Agreement (5854 : APPROVE AND EXECUTE THE AGREEMENT WITH BEST CONTRACTING City of Moreno Valley
Project No. 803 0054

Page 10 of 12 ends

to have been furnished on the Project, including all incidental or consequential damages resulting to the City from such claims.

10.2. Effect of Indemnitees’ Active Negligence. Contractor’s obligations to indemnify and hold the Indemnitees harmless exclude only such portion of any Indemnity Claim which is attributable to the active negligence or willful misconduct of the Indemnitee, provided such active negligence or willful misconduct is determined by agreement of the parties or by findings of a court of competent jurisdiction. In instances where an Indemnitee’s active negligence accounts for only a percentage of the liability for the Indemnity Claim involved, the obligation of Contractor will be for that entire percentage of liability for the Indemnity Claim not attributable to the active negligence or willful misconduct of the Indemnitee(s). Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph 10. Subject to the limits set forth herein, the Contractor, at its own expense, shall satisfy any resulting judgment that may be rendered against any Indemnitee resulting from an Indemnity Claim. The Indemnitees shall be consulted with regard to any proposed settlement.

10.3. Independent Defense Obligation. The duty of the Contractor to indemnify and hold harmless the Indemnitees includes the separate and independent duty to defend the Indemnitees, which duty arises immediately upon receipt by Contractor of the tender of any Indemnity Claim from an Indemnitee. The Contractor’s obligation to defend the Indemnitee(s) shall be at Contractor’s sole expense, and not be excused because of the Contractor’s inability to evaluate liability or because the Contractor evaluates liability and determines that the Contractor is not liable. This duty to defend shall apply whether or not an Indemnity Claim has merit or is meritless, or which involves claims or allegations that any or all of the Indemnitees were actively, passively, or concurrently negligent, or which otherwise asserts that the Indemnitees are responsible, in whole or in part, for any Indemnity Claim. The Contractor shall respond within thirty (30) Calendar Days to the tender of any Indemnity Claim for defense and/or indemnity by an Indemnitee, unless the Indemnitee agrees in writing to an extension of this time. The defense provided to the Indemnitees by Contractor shall be by well qualified, adequately insured and experienced legal counsel acceptable to the City.

10.4. Intent of Parties Regarding Scope of Indemnity. It is the intent of the parties that the Contractor and its Subcontractors of all tiers shall provide the Indemnitees with the broadest defense and indemnity permitted by Applicable Law. In the event that any of the defense, indemnity, or hold harmless provisions in the Contract Documents are found to be ambiguous or in conflict with one another, it is the parties’ intent that the broadest and most expansive interpretation in favor of providing defense and/or indemnity to the Indemnitees be given effect.

10.5. Waiver of Indemnity Rights Against Indemnitees. With respect to third party claims against the Contractor, to the fullest extent permitted by law, the Contractor waives any and all rights to any type of express or implied indemnity against the Indemnitees.

10.6. Subcontractor Requirements. In addition to the requirements set forth hereinabove, Contractor shall ensure, by written subcontract agreement, that each of Contractor’s Subcontractors of every tier shall protect, defend, indemnify and hold harmless the Indemnitees with respect to Indemnity Claims arising out of, in connection with, or in any way related to each such Subcontractors’ Work on the Project in the same manner in which Contractor is required to protect, defend, indemnify and hold the Indemnitees harmless. In the event Contractor fails to A.32.a
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obtain such defense and indemnity obligations from others as required herein, Contractor agrees to be fully responsible to the Indemnitees according to the terms of this Paragraph 10.

10.7. No Limitation or Waiver of Rights. Contractor’s obligations under this Paragraph 10 are in addition to any other rights or remedies which the Indemnitees may have under the law or under the Contract Documents. Contractor’s indemnification and defense obligations set forth in this Paragraph 10 are separate and independent from the insurance provisions set forth in the Contract Documents, and do not limit, in any way, the applicability, scope, or obligations set forth in such insurance provisions. The purchase of insurance by the Contractor with respect to the obligations required herein shall in no event be construed as fulfillment or discharge of such obligations. In any and all claims against the Indemnitees by any employee of the Contractor, any Subcontractor, any supplier of the Contractor or Subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the obligations under this Paragraph 10 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor or any supplier of either of them, under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. Failure of the City to monitor compliance with these requirements imposes no additional obligations on the City and will in no way act as a waiver of any rights hereunder.

10.8. Withholding to Secure Obligations. In the event an Indemnity Claim arises prior to final payment to Contractor, the City may, in its sole discretion, reserve, retain or apply any monies due Contractor for the purpose of resolving such Indemnity Claims; provided, however, the City may release such funds if the Contractor provides the City with reasonable assurances of protection of the Indemnitees’ interests. The City shall, in its sole discretion, determine whether such assurances are reasonable.

10.9. Survival of Indemnity Obligations. Contractor’s obligations under this Paragraph 10 are binding on Contractor’s and its Subcontractors’ successors, heirs, and assigns and shall survive the completion of the Work or termination of the Contractor’s performance of the Work.

11. SUCCESSORS AND ASSIGNS. The Parties bind themselves, their heirs, executors, administrators, successors and assigns the covenants, agreements and obligations contained in the Contract Documents. The Contractor shall not, either voluntarily or by action of law, assign any right or obligation of the Contractor under the Contract Documents without prior written consent of the City.
(SIGNATURE PAGE FOLLOWS)
A.32.a
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CITY OF MORENO VALLEY, a Municipal Corporation Best Contracting Services, Inc.

BY: License No./
Mike Lee, City Manager Classification:

DATE: Expiration Date:

Federal I.D. No.:

PRINT NAME:

SIGNATURE:

TITLE:

DATE:

PRINT NAME:

SIGNATURE:

TITLE:

DATE:

SIGNING INSTRUCTIONS TO THE CONTRACTOR:

Signature(s) must be accompanied by a completed notary certificate of acknowledgement attached hereto.

A general partner must sign on behalf of a partnership. Two (2) corporate officers must sign on behalf of a corporation unless the corporation has a corporate resolution that allows one person to sign on behalf of the corporation; if applicable, said resolution must be attached hereto. The corporate seal may be affixed hereto.

INTERNAL USE ONLY
APPROVED AS TO LEGAL FORM:

City Attorney
Date
RECOMMENDED FOR APPROVAL:

Public Works Director/City Engineer
Date
A.32.a
Packet Pg. 1323 Attachment: Project 803 0054 Roof Replacements Agreement (5854 : APPROVE AND EXECUTE THE AGREEMENT WITH BEST CONTRACTING Report to City Council
ID#5851 Page 1
TO: Mayor and City Council
FROM: Michael Lloyd, Public Works Director/City Engineer AGENDA DATE: June 21, 2022
TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, RATIFYING THE

ATTESTATION OF VERACITY SUBMITTED TO THE
CALIFORNIA ENERGY COMMISSION FOR THE 2021

POWER SOURCE DISCLOSURE PROGRAM ANNUAL
REPORT

RECOMMENDED ACTION
Recommendation:

1. Approve Resolution No. 2022-XX. A Resolution of the City Council of the City of Moreno Valley, California, Ratifying the Attestation of Veracity submitted to the California Energy Commission for the 2021 Power Source Disclosure Program Annual Report.

SUMMARY
Staff recommends that the City Council ratify the submission to the California Energy Commission (CEC) of an attestation of the veracity of the 2021 Power Source Disclosure Program Annual Report. This attestation of veracity is required under Senate Bill 1305.

DISCUSSION
Under state law (Public Utilities Code Sections 398.4 and 398.5), retail suppliers of electricity must annually disclose the electricity sources for their sales to their customers in the form of a Power Content Label. This information must also be submitted to the CEC by June 1 each year in the form of a Power Source Disclosure Report. Article 5 was amended to include the submission of an independent audit report by October 1 each year. In lieu of an independent audit and verification, an authorized agent of the City may submit to the CEC, under penalty of perjury, an attestation confirming the A.33
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accuracy of the annual report. The CEC requires that the submission of the attestation be approved by the City Council at a public meeting.

The City of Moreno Valley’s 2021 Power Source Disclosure Program Annual Report was submitted to the CEC on June 1, 2022, inclusive of the staff attestation, and will provide the required information to its customers by posting the Power Content Label on its website and as a bill insert. A copy of the 2021 Power Source Disclosure Program Annual Report is attached to Resolution No. 2022-XX as Exhibit A.

ALTERNATIVES

1. Approve Resolution No. 2022-XX, ratifying the attestation of veracity submitted to the CEC for the 2021 Power Source Disclosure Program Annual Report.

Approval of this Resolution complies with the requirements of California Public Utilities Code Sections 398.4 and 398.5. Staff recommends this alternative.

2. Do not approve Resolution No. 2022-XX, ratifying the attestation of veracity submitted to the CEC for the 2021 Power Source Disclosure Program Annual Report. This will not comply with the requirements of California Public Utilities Code Sections 398.4 and 398.5. Staff does not recommend this alternative.

FISCAL IMPACT
There is no cost to the City for approval of the Resolution.

NOTIFICATION
Publication of the Agenda.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Jeannette Olko Michael Lloyd, P.E.

Electric Utility Division Manager Public Works Director/City Engineer

Positive Environment. Create a positive environment for the development of Moreno Valley's future.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development
A.33
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2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs
Objective 4.1: Develop a Moreno Valley Utility Strategic Plan to prepare for the 2022 expiration of the ENCO Utility Systems agreement.

ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Resolution Power Source Disclosure 06212022

2. MVU PSD for 2021 06212022

APPROVALS
Budget Officer Approval ✓ Approved . 6/07/22 11:44 AM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/07/22 1:29 PM
A.33
Packet Pg. 1326
Attachment 1
1 Resolution No. 2022-XX
Date Adopted: June 21, 2022
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, RATIFYING THE

ATTESTATION OF VERACITY TO BE SUBMITTED TO
THE CALIFORNIA ENERGY COMMISSION FOR THE 2021

POWER SOURCE DISCLOSURE PROGRAM ANNUAL
REPORT
WHEREAS, the City of Moreno Valley (the “City”), a municipal corporation, is authorized under various provisions of the California Constitution and the general laws of California (including specifically, Article XI, Section 9(a) of the California Constitution, Public Utilities Code (“PUC”) Section 10004, and Government Code Section 39732(a) to establish, purchase, and operate a public utility to furnish its inhabitants with, among other things, electricity; and
WHEREAS, the City operates a municipal electric utility (“Moreno Valley Utility” or “MVU”); and
WHEREAS, as a municipal electric utility, MVU is generally subject to the legislative and regulatory requirements applicable to local publicly owned electric utilities (“POUs”); and
WHEREAS, Senate Bill 1305, as amended by Assembly Bill 162, requires retail suppliers of electricity to disclose sources of energy being used to the California Energy Commission (“CEC”) and to consumers in the form of the Power Source Disclosure Program Annual Report and the Annual Power Content Label; and WHEREAS, the 2021 Power Source Disclosure Program Annual Report and Annual Power Content Label was submitted to the CEC on June 01, 2022, and the Annual Power Content Label will be posted on the City’s website for consumers to review; and
WHEREAS, the 2021 Power Source Disclosure Program Annual Report includes an attestation from an authorized agent of the City, under penalty of perjury, confirming the accuracy of the information provided.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO

VALLEY, CALIFORNIA, DOES HEREBY FINDS, DETERMINES, AND DECLARES AS FOLLOWS:

A.33.a
Packet Pg. 1327 Attachment: Resolution Power Source Disclosure 06212022 (5851 : A RESOLUTION RATIFYING THE ATTESTATION OF VERACITY FOR 2 Resolution No. 2022-XX
Date Adopted: June 21, 2022

1. The City Council hereby ratifies the 2021 Power Source Disclosure Program Annual Report, attached to this Resolution as Exhibit A (incorporated herein by reference).

2. The City Clerk shall certify to the adoption of this Resolution.

3. The Resolution shall take effect immediately upon its adoption.

APPROVED AND ADOPTED this 21st day of June 2022.
___________________________
Mayor of the City of Moreno Valley
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM:
____________________________
City Attorney
A.33.a
Packet Pg. 1328 Attachment: Resolution Power Source Disclosure 06212022 (5851 : A RESOLUTION RATIFYING THE ATTESTATION OF VERACITY FOR 3 Resolution No. 2022-XX
Date Adopted: June 21, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )
I, Paul Bradvica, Deputy City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2022-XX was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 21st day of June 2022 by the following vote:

AYES:

NOES:

ABSENT:

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

CITY CLERK
(SEAL)
A.33.a
Packet Pg. 1329 Attachment: Resolution Power Source Disclosure 06212022 (5851 : A RESOLUTION RATIFYING THE ATTESTATION OF VERACITY FOR Version: May 2022
If you have questions, contact Power Source Disclosure (PSD) staff at [email protected] or (916) 805-7439.

NOTE: Information submitted in this report is not automatically held confidential. If your company wishes the information submitted to be considered confidential an authorized representative must submit an application for confidential designation (CEC-13), which can be found on the California Energy Commissions's website at https://www.energy.ca.gov/about/divisions-and-offices/chief-counsels-office.

WEBSITE URL FOR
PCL POSTING www.moval.gov
Submit the Annual Report and signed Attestation in PDF format with the Excel version of the Annual Report to [email protected]. Remember to complete the Retail Supplier Name, Electricity Portfolio Name, and contact information above, and submit separate reports and attestations for each additional portfolio if multiple were offered in the previous year.

CITY, STATE, ZIP Moreno Valley, CA 92552
PHONE 951-413-3502
EMAIL [email protected]
NAME Jeannette Olko
TITLE Electric Utility Division Manager
MAILING ADDRESS 14331 Frederick St., Suite 2

CONTACT INFORMATION
2021 POWER SOURCE DISCLOSURE ANNUAL REPORT
For the Year Ending December 31, 2021

RETAIL SUPPLIER NAME

CITY OF MORENO VALLEY

ELECTRICITY PORTFOLIO NAME
Retail suppliers are required to use the posted template and are not allowed to make edits to this format. Please complete all requested information.

GENERAL INSTRUCTIONS
A.33.b
Packet Pg. 1330 Attachment: MVU PSD for 2021 06212022 (5851 : A RESOLUTION RATIFYING THE ATTESTATION OF VERACITY FOR POWER SOURCE Version: May 2022
214,142
65,703
148,439
-
-
-
65,703
63,532

0.2967

DIRECTLY DELIVERED RENEWABLES
Facility Name Fuel Type
State or
Province WREGIS ID RPS ID N/A EIA ID
Gross MWh
Procured
MWh
Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions (in MT
CO2e) N/A
RE Astoria 2 Solar CA W4931 62691A 59977 6128 6,128 6,128 - - Whitney Point Solar, LLC Solar CA W5441 61186A 60975 12,355 12,355 12,355 - - Antelope Expansion 3A Solar CA W10928 64095A 62673 23,275 23,275 23,275 #N/A City of Moreno Valley - City Hall Solar Carport Solar CA W7208 63790A P258 941 941 941 - - PCWA - French Meadows Powerhouse Eligible hydro CA W764 60268A 424 14,918 14,918 14,918 - - PCWA - Hell Hole Powerhouse Eligible hydro CA W647 60234A 763 1,065 1,065 1,065 - - PCWA - Oxbow Powerhouse Eligible hydro CA W765 60269A 426 7,021 7,021 7,021 - - - - #N/A
- - #N/A
- - #N/A

FIRMED-AND-SHAPED IMPORTS
Facility Name Fuel Type
State or
Province WREGIS ID RPS ID
EIA ID of
REC
Source
EIA ID of
Substitute
Power
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e)
Eligible for
Grandfathered
Emissions?
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A

SPECIFIED NON-RENEWABLE PROCUREMENTS
Facility Name Fuel Type
State or
Province N/A N/A N/A EIA ID
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e) N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A

PROCUREMENTS FROM ASSET-CONTROLLING SUPPLIERS
Facility Name Fuel Type N/A N/A N/A N/A EIA ID
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e) N/A
- #N/A
- #N/A
- #N/A
- #N/A
END USES OTHER THAN RETAIL SALES MWh
Retail Sales (MWh)
Net Specified Procurement (MWh)
Unspecified Power (MWh)
Procurement to be adjusted
2021 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 1: PROCUREMENTS AND RETAIL SALES
For the Year Ending December 31, 2021
(RETAIL SUPPLIER NAME)
(ELECTRICITY PORTFOLIO NAME)
GHG Emissions Intensity (in MT CO2e/MWh)
Net Specified Natural Gas
Net Specified Coal & Other Fossil Fuels
Net Specified Nuclear, Large Hydro, Renewables, and ACS Power GHG Emissions (excludes grandfathered emissions)
Instructions: Enter information about power procurements underlying this electricity portfolio for which your company is filing the Annual Report.

Insert additional rows as needed. All fields in white should be filled out. Fields in grey auto-populate as needed and should not be filled out. For EIA IDs for unspecified power or specified system mixes from asset-controlling suppliers, enter "Unspecified Power", "BPA", or "Tacoma Power" as applicable. For specified procurements of ACS power, use the ACS Procurement Calculator to calculate the resource breakdown comprising the ACS system mix. Procurements of unspecified power must not be entered as line items below; unspecified power will be calculated automatically in cell N9. Unbundled RECs must not be entered on Schedule 1; these products must be entered on Schedule 2. At the bottom portion of the schedule, provide the other electricity end-uses that are not retail sales including, but not limited to transmission and distribution losses or municipal street lighting. Amounts should be in megawatt-hours.

A.33.b
Packet Pg. 1331 Attachment: MVU PSD for 2021 06212022 (5851 : A RESOLUTION RATIFYING THE ATTESTATION OF Version: May 2022
-

RETIRED UNBUNDLED RECS
Facility Name Fuel Type
State or
Province RPS ID Total Retired (in MWh)
Total Retired Unbundled RECs
2021 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 2: RETIRED UNBUNDLED RECS
For the Year Ending December 31, 2021
(RETAIL SUPPLIER NAME)
(ELECTRICITY PORTFOLIO NAME)
INSTRUCTIONS: Enter information about retired unbundled RECs associated with this electricity portfolio. Insert additional rows as needed. All fields in white should be filled out. Fields in grey autopopulate as needed and should not be filled out.

A.33.b
Packet Pg. 1332 Attachment: MVU PSD for 2021 06212022 (5851 : A RESOLUTION RATIFYING THE ATTESTATION OF VERACITY FOR POWER SOURCE Version: May 2022
Adjusted Net
Procured (MWh)
Percent of Total
Retail Sales
Renewable Procurements 65,703 30.7%
Biomass & Biowaste - 0.0%
Geothermal - 0.0%
Eligible Hydroelectric 23,004 10.7%
Solar 42,699 19.9%
Wind - 0.0%
Coal - 0.0%
Large Hydroelectric - 0.0%
Natural gas - 0.0%
Nuclear - 0.0%
Other - 0.0%
Unspecified Power 148,439 69.3%
Total 214,142 100.0%
214,142
654

0.0%
Total Retail Sales (MWh)
GHG Emissions Intensity (converted to lbs CO2e/MWh)
Percentage of Retail Sales Covered by Retired Unbundled RECs
2021 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 3: POWER CONTENT LABEL DATA
For the Year Ending December 31, 2021

CITY OF MORENO VALLEY
Instructions: No data input is needed on this schedule. Retail suppliers should use these auto-populated calculations to fill out their Power Content Labels.

A.33.b
Packet Pg. 1333 Attachment: MVU PSD for 2021 06212022 (5851 : A RESOLUTION RATIFYING THE ATTESTATION OF VERACITY FOR POWER SOURCE A.33.b
Packet Pg. 1334 Attachment: MVU PSD for 2021 06212022 (5851 : A RESOLUTION RATIFYING THE ATTESTATION OF VERACITY FOR POWER SOURCE Report to City Council
ID#5622 Page 1
TO: Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of the
Moreno Valley Community Services District (CSD)
FROM: Brian Mohan, Assistant City Manager
AGENDA DATE: June 21, 2022
TITLE: APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL

TAXES FOR CERTAIN COMMUNITY FACILITIES
DISTRICTS FOR FISCAL YEAR 2022/23 (RESO. NOS.

CSD 2022-___ AND CSD 2022-__)

RECOMMENDED ACTION
Recommendations:

1. Acting in its capacity as the Board of Directors for the CSD and as the legislative body of Community Facilities District No. 1, adopt Resolution No. CSD 2022-__, a Resolution of the Moreno Valley Community Services District of the City of Moreno Valley, California, Approving the Continuation of the Community Facilities District No. 1 Maximum and Applied Special Tax Rates for Fiscal Year 2022/23, and Calculation Thereof.

2. Acting in its capacity as the Board of Directors for the CSD and as the legislative body of Community Facilities District No. 2021-01, adopt Resolution No. CSD 2022-__, a Resolution of the Moreno Valley Community Services District of the City of Moreno Valley, California, Approving the Continuation of the Community Facilities District No. 2021- 01 Maximum and Applied Special Tax Rates for Fiscal Year 2022/23, and Calculation Thereof.

3. Authorize the Chief Financial Officer to adjust the proposed special tax rates in the event there are any parcel changes, clerical errors, or other adjustments as may be necessary between the date the special taxes were calculated and the date the fixed charges are submitted to the County of Riverside, provided the applied special tax does not exceed the B.2
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maximum special tax and is in compliance with the Rate and Method of Apportionment of Special Tax for each district.

SUMMARY
This report recommends adoption of the resolutions (Attachments 1 and 2), which approve the calculation and set the maximum and applied special tax rates against real property included within certain Community Facilities Districts (CFD) administered by the CSD and authorizes the levy of the applied special tax on the fiscal year (FY) 2022/23 property tax roll. Adoption of the resolutions also acknowledges the filing of an annual report for each CFD. This is a routine process that occurs each year.

The proposed special tax is a continuation of the special tax currently, or authorized to be, levied on the property tax roll. There is no increase proposed to the maximum rate other than an annual adjustment, as previously approved by the qualified electors (i.e., landowners or registered voters, depending upon the number of registered voters).

Revenue received from the special tax funds the maintenance and operation expenses for the CFD facilities.

The Finance Subcommittee was scheduled to review the annual inflationary adjustments proposed to be applied to the maximum rates at its February 22, 2022 meeting.

DISCUSSION
The Mello-Roos Community Facilities Act of 1982 (the “Act”) allows the formation of CFDs to fund the operation and maintenance of public improvements. The qualified electors within the boundaries of the CFDs approved the Rate and Method of Apportionment (RMA) and authorized the levy of a special tax on their properties to fund the services of the district or as security for repayment of bonds. The RMA establishes the special tax formula (e.g. rate of annual adjustment, if any, etc.) and how the special tax is apportioned to properties included in each CFD.

The special tax cannot be levied on the property tax roll nor can adjustments be made to the maximum and applied rates, as authorized by the qualified electors, unless the CSD Board authorizes such actions. Adoption of the resolutions sets the maximum and applied special tax rates, approves the calculation of the rates, and approves an Annual Special Tax Report (“Report”) for each CFD. The resolutions also authorize the County to levy the special tax on the FY 2022/23 property tax roll.

The Report for each CFD includes a description of the formation proceedings, a description of the park facilities, boundary maps and list of parcels in the CFD, estimated operational and administrative costs to provide the services, and the proposed maximum and applied special taxes per parcel to be levied on the property tax roll for FY 2022/23. Boundary maps for each CFD are included as Attachment 3.

The Reports are on file with the Chief Financial Officer/City Treasurer and accessible from the City’s website (www.moval.org/sf).

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The maximum special tax rate is the maximum amount that can be used to calculate the special tax levied on the property tax roll. The qualified electors have previously authorized an annual inflationary adjustment to the maximum rate. Therefore, the Reports recommend adjusting the maximum rate by the adjustment.

The applied special tax rate is the amount that is used to calculate the special tax actually levied on the property tax roll. The applied special tax is the amount necessary to fund the services of each CFD, including administration and reserves for the upcoming fiscal year. The special tax is calculated as described in the RMA for each CFD. The applied special tax rate cannot exceed the maximum special tax rate.

Conflict of Interest Analysis
Regarding a special financing district pertaining to the provision of a public service, a council member who lives in said district may participate in adjusting the amount of the district’s taxes so long as the increase or decrease is the same for everyone else living within the district. This is known as the “Public Generally Exception.” FPPC Regulations § 18703. Public Generally.
(e) Specific Rules for Special Circumstances. The financial effect on a public official's financial interest is deemed indistinguishable from that of the public generally where there is no unique effect on the official's interest if the official establishes:
(1) Public Services and Utilities. The decision sets or adjusts the amount of an assessment, tax, fee, or rate for water, utility, or other broadly provided public services that is applied equally, proportionally, or by the same percentage to the official's interest and all businesses, properties, or individuals subject to the assessment, tax, fee, or rate. This exception does not apply if the decision would impose the assessment, tax or fee, or determine the boundaries of a property, or who is subject to the assessment, tax, or fee. Under this exception, an official is only permitted to take part in setting or adjusting the amount of the assessment, tax, or fee, once the decisions to implement, and determine the property or persons subject to the assessment, tax, or fee, have already been made.

This action meets the Strategic Plan Priorities by providing the financial resources to manage and maximize Moreno Valley’s public infrastructure to ensure an excellent quality of life.

ALTERNATIVES

1. Adopt the resolutions and recommended actions as presented. Staff recommends this alternative as it will allow for the collection of revenue B.2
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necessary to fund the services of each CFD. It is also consistent with the Act.

2. Do not approve the recommended actions. Staff does not recommend this alternative as it may prevent the City from levying the special tax on the 2022/23 property tax roll and leave the CFDs without sufficient revenue to fund services each CFD was created to provide. Selection of this alternative may require a contribution from the General Fund.

Furthermore, failure to file the Report is a violation of the Act.

3. Continue the item to a future regular CSD Board meeting. Staff does not recommend this alternative as it may prevent the City from meeting the County of Riverside’s deadline to include the special taxes on the FY 2022/23 property tax roll.

FISCAL IMPACT
Property owners pay the special tax as part of their annual property tax bill. The special tax, including annual adjustments, has been approved by the affected qualified electors through prior proceedings. Funds received for the benefit of each CFD are restricted and can only be used to fund the services of each district. The table below provides a summary of the proposed special tax rates for FY 2022/23.

Single Family 106 $ 291.59 $ - $ 308.39 $ 308.38 $ 308.38 $ 32,688.28 Multi-Family 0 $ 291.59 $ - $ 308.39 $ 308.38 $ 308.38 $ - Mobile Home 0 $ 291.59 $ - $ 308.39 $ 308.38 $ 308.38 $ - $ 18.69 $ - $ 19.77 $ 19.77 $ 19.77 $ 927.20
$ 21.12 $ - $ 32.91 $ 32.91 $ 32.91 $ -
$ 9.07 $ - $ 9.59 $ 9.59 $ 9.59 $ 2,763.34
$ - $ - $ - $ - $ -
Proposed Annual Special Tax Rates
1Maintenance services outlined in the Rate and Method of Apportionment for each CFD. 2Maximum rates are based on a predetermined formula as outlined in the Rate and Method of Apportionment for each CFD. 3Annual adjustment to maximum rate as approved by qualified electors (landowners or registered voters). Based on the greater of the percentage change calculated for the prior year in the Los Angeles-Long Beach-Anaheim Regional Consumer Price Index (CPI), as published by the Department of Labor’s Bureau of Labor Statistics or

2.0%.
4Annual adjustment to maximum rate as approved by qualified electors (landowners or registered voters). Based on the greater of the percentage change calculated for the prior year in the Riverside-San Bernardino-Ontario County Regional Consumer Price Index (CPI), as published by the Department of Labor’s Bureau of Labor Statistics (5.76%) or 5.0%.

6.57%3 $ 17.42 $ 1,708,872.50
Per Dwelling Unit Per Dwelling Unit
CFD No. 11
(Park Maintenance)
10,437 $ 181.59 $ 146.32 $ 193.52 $ 163.74
CFD No. 2021-011
(Parks Maintenance)
All
1,000 Ft. of Building Sq. Footage
Parcel
Greater of CPI
or 5.0%4
Non Residential Property 1,000 Ft. of Building Sq. Footage Undeveloped Property Parcel
Special Tax
Maximum Applied Maximum Revenue 2 Applied District # of Dwelling Units
FY 2021/22 FY 2022/23 Adjustment to
Maximum
Change in
Applied
Commercial
Office
Industrial
Residential Property Per Dwelling Unit Per Dwelling Unit

NOTIFICATION
Posting of the agenda.

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PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Kimberly Ganimian Brian Mohan
Special Districts Division Manager Acting Assistant City Manager Concurred By:

Jeremy Bubnik
Parks and Community Services Director

CITY COUNCIL GOALS
Public Facilities and Capital Projects. Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.

Positive Environment. Create a positive environment for the development of Moreno Valley's future.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs
See the Discussion section above for details of how this action supports the City Council’s Strategic Priorities.

ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Resolution for CFD No. 1

2. Resolution for CFD 2021-01

3. Boundary Maps

APPROVALS
B.2
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Budget Officer Approval ✓ Approved . 6/10/22 10:24 AM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/10/22 6:19 PM
B.2
Packet Pg. 1340
1 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
RESOLUTION NO. CSD 2022-__

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, APPROVING THE

CONTINUATION OF THE COMMUNITY FACILITIES
DISTRICT NO. 1 MAXIMUM AND APPLIED SPECIAL TAX
RATES FOR FISCAL YEAR 2022/23, AND CALCULATION

THEREOF
WHEREAS, the City Council for the City of Moreno Valley, California, acting in its capacity as the Board of Directors of the Moreno Valley Community Services District (“CSD Board”), did form Community Facilities District No. 1 (“CFD No. 1” or “District”) pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California; and
WHEREAS, following approval by the qualified electors of the District, the CSD Board, acting as the legislative body, did introduce and adopt Ordinance No. CSD-40 (Urgency Ordinance) and CSD-41 (an Ordinance to authorize the levy of a special tax within CFD No. 1); and
WHEREAS, Ordinance No. CSD-41 authorizes the CSD Board, by resolution, to annually determine the special tax to be levied in the District; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the rates and method of apportionment of special tax (RMA); and WHEREAS, the CSD Board adopted Resolution No. CSD 2003-26 authorizing annexation of Territory in the future to CFD No. 1; and WHEREAS, annexations to CFD No. 1 have been conducted by the Community Services District following formation of the District; and WHEREAS, the County of Riverside requires the adoption of a resolution for submission with the annual special taxes for placement on the Riverside County property tax bills; and
WHEREAS, the maximum annual special tax for developed and undeveloped property has been established by the RMA at $115.00 per parcel/dwelling unit for fiscal year (FY) 2003/04. Per the RMA, beginning in FY 2004/05 and for each subsequent fiscal year, the maximum annual special tax shall be increased by the percentage increase in the Consumer Price Index (All Items), or by two percent (2%), whichever is greater; and WHEREAS, the qualified electors authorized an annual adjustment to the maximum special tax rate through prior proceedings; and WHEREAS, the CSD Board has determined that continuing the calculation of the B.2.a
Packet Pg. 1341 Attachment: Resolution for CFD No. 1 [Revision 1] (5622 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN 2 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
applied special tax and application of the special tax, as previously approved by the qualified electors, for each assessable parcel of real property within the District will provide the necessary and equitable revenue stream to fund the services of the District for FY 2022/23; and
WHEREAS, the calculation of the special tax is in compliance with laws pertaining to the levy of the special taxes; and
WHEREAS, the special tax is levied without regard to property valuation; and WHEREAS, the City has prepared and submitted the Annual Special Tax Report (“Report”) for FY 2022/23, which identifies the maximum and applied special taxes, in an amount not to exceed the maximum special tax, and the calculation thereof; and WHEREAS, the Report is on file in the office of the City Treasurer/Chief Financial Officer (“CFO”) and is incorporated herein by this reference; and WHEREAS, the annual special taxes shall be submitted to the Riverside County Auditor-Controller’s Office, to be levied on the property tax bills of parcels subject to the special tax.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. Incorporation of Recitals. The foregoing recitals are true and correct and incorporated herein by this reference.

2. Approval of Report. The above referenced Report, on file in the office of the City’s CFO, is approved as filed, as the Report may have been modified by order of the CSD Board.

3. Maximum Special Tax Rate. The FY 2022/23 maximum special tax rate per parcel/dwelling unit is set at $197.39.

4. Applied Special Tax Rate. The FY 2022/23 applied special tax rate per parcel/dwelling unit is set at $163.74.

5. Confirming the Rates. The maximum and applied special tax rates are hereby confirmed for each parcel of real property within the District, as set forth in the Report.

6. Collection of Special Taxes. The special taxes set forth in the Report, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedures, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County B.2.a
Packet Pg. 1342 Attachment: Resolution for CFD No. 1 [Revision 1] (5622 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN 3 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations.

7. Modifications. The City’s CFO is authorized to adjust the special taxes levied on the property tax roll in the event there are parcel changes, clerical errors, new parcels annexed into the District, or other adjustments as may be necessary between the date the special taxes were calculated and the date the fixed charges are submitted to the County of Riverside, provided the applied special tax rate does not exceed the maximum special tax rate and is in compliance with the RMA.

8. Provision of Services. Nothing in this description of services or any Resolution or Ordinance of the CSD Board shall be construed as committing the CSD or the District to provide all of the proposed services. The provision of services shall be subject to the availability of sufficient funding through the collection of special tax revenue for the District.

9. Severability. If any provision of this Resolution or the application of any such provision is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable and that the CSD Board declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

10.Certified Copy. The Secretary of the CSD is hereby ordered to forward a certified copy of this Resolution to the County of Riverside and to take such actions as are required for the collection of the tax.

11.Certification. The Secretary of the CSD shall certify to the adoption of this Resolution.

12.Effective Date. This Resolution shall become effective immediately upon its adoption.

B.2.a
Packet Pg. 1343 Attachment: Resolution for CFD No. 1 [Revision 1] (5622 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN 4 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
APPROVED AND ADOPTED this 21st day of June 2022.
___________________________________
By:

Acting in the capacity of President of the
Moreno Valley Community Services District
ATTEST:
____________________________
Deputy City Clerk, acting in the capacity of
Secretary of the Moreno Valley
Community Services District
APPROVED AS TO FORM:
____________________________
City Attorney, acting in the capacity
of General Counsel of the Moreno
Valley Community Services District
B.2.a
Packet Pg. 1344 Attachment: Resolution for CFD No. 1 [Revision 1] (5622 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN 5 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )
I, Paul Bradvica, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2022-___ was duly and regularly adopted by the Board of Directors of the Moreno Valley Community Services District at a regular meeting held on the 21st day of June 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________

SECRETARY
(SEAL)
B.2.a
Packet Pg. 1345 Attachment: Resolution for CFD No. 1 [Revision 1] (5622 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN 1 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
RESOLUTION NO. CSD 2022-__

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, APPROVING THE

CONTINUATION OF THE COMMUNITY FACILITIES
DISTRICT NO. 2021-01 MAXIMUM AND APPLIED
SPECIAL TAX RATES FOR FISCAL YEAR 2022/23, AND

CALCULATION THEREOF
WHEREAS, the City Council for the City of Moreno Valley, California, acting in its capacity as the Board of Directors of the Moreno Valley Community Services District (“CSD Board”), did form City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) (“CFD No. 2021-01” or “District”) pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California; and
WHEREAS, following approval by the qualified electors of the District, the CSD Board acting as the legislative body, did introduce and adopt Ordinance No. CSD-55 (an Ordinance to authorize the levy of a special tax within CFD No. 2021-01) approving the rate and method of apportionment of special tax (“RMA”) to authorize a levy of special taxes within CFD No. 2021-01; and
WHEREAS, the Ordinance No. CSD-55 authorizes the CSD Board, by resolution, to annually determine the special tax to be levied in the District; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the RMA; and
WHEREAS, on December 21, 2022, the legislative body did adopt Ordinance No.

CSD-56, providing for future annexation to the District; and WHEREAS, the Riverside County Auditor-Controller’s Office requires the adoption of a resolution for submission with the annual special taxes for placement on the Riverside County property tax bills; and
WHEREAS, for fiscal year (FY) 2021/22, the maximum special tax rates for taxable property were as follows:

Property Type
Maximum Special
Tax Rate
Per
Single Family Property $291.59 Unit
Multi-Family Property 291.59 Unit
Mobile Home Property 291.59 Unit
B.2.b
Packet Pg. 1346 Attachment: Resolution for CFD 2021-01 (5622 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 2 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
Property Type
Maximum Special
Tax Rate
Per
Commercial Property $18.69 1,000 Feet of Building Square Footage Office Property 31.12 1,000 Feet of Building Square Footage Industrial Property 9.07 1,000 Feet of Building Square Footage Undeveloped Property 0 Parcel
WHEREAS, per the RMA as authorized by the qualified electors, the maximum annual special tax shall be increased annually, beginning the year following the base year, as defined in the RMA, by the greater of the increase in the annual percentage change in the Consumer Price Index (CPI) for All Urban Consumers for the RiversideSan Bernardino-Ontario County Region as published by the Department of Labor’s Bureau of Labor Statistics or five percent (5%); and
WHEREAS, the City Council has determined that continuing the calculation of the applied special tax and application of the special tax, as previously approved by the qualified electors, for each assessable parcel of real property within the District will provide the necessary and equitable revenue stream to fund the services of the District for FY 2022/23; and
WHEREAS, the City Council has determined that continuing the calculation of the maximum special tax rate, including an annual adjustment is necessary; and WHEREAS, the calculation of the special tax is in compliance with laws pertaining to the levy of the special taxes; and
WHEREAS, the special tax is levied without regard to property valuation; and WHEREAS, the City has prepared and submitted the Annual Special Tax Report (“Report”) for FY 2022/23, which identifies the maximum and special tax rates, in an amount not to exceed the maximum special tax, and the calculation thereof; and WHEREAS, the Report is on file in the office of the City Treasurer/Chief Financial Officer (“CFO”) and is incorporated herein by this reference; and WHEREAS, the annual special taxes shall be submitted to the Riverside County Auditor-Controller’s Office, to be levied on the property tax bills of parcels subject to the special tax.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. Incorporation of Recitals. The foregoing recitals are true and correct and incorporated herein by this reference.

B.2.b
Packet Pg. 1347 Attachment: Resolution for CFD 2021-01 (5622 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 3 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022

2. Approval of Report. The above referenced Report, on file in the office of the City’s CFO, is approved as filed, as the Report may have been modified by order of the CSD Board.

3. Maximum Special Tax Rates. The FY 2022/23 maximum and applied special tax rates for taxable properties shall be as follows:

Property Type
Maximum
Special Tax Rate
Applied Special Tax
Rate
Per
Single Family Property $308.39 $308.38 Unit
Multi-Family Property 308.39 308.38 Unit
Mobile Home Property 308.39 308.38 Unit
Commercial Property 19.77 19.77 1,000 Feet of Building Square Footage Office Property 32.91 32.91 1,000 Feet of Building Square Footage Industrial Property 9.59 9.59 1,000 Feet of Building Square Footage Undeveloped Property 0 0 Parcel

4. Confirming the Rates. The maximum and applied special tax rates are hereby confirmed for each parcel of real property within the District, as set forth in the Report.

5. Collection of Special Taxes. The special taxes set forth in the Report, will be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.

Notwithstanding the forgoing, any special taxes that cannot be collected on the County tax roll, or are not so collected, may be collected through direct billing by the City.

6. Modifications. The City’s CFO is authorized to adjust the special taxes levied on the property tax roll in the event there are parcel changes, clerical errors, new parcels annexed into the District, or other adjustments as may be necessary between the date the special taxes were calculated and the date the fixed charges are submitted to the County of Riverside, provided the applied special tax rate does not exceed the maximum special tax rate and is in compliance with the RMA.

7. Provision of Services. Nothing in this description of services or any Resolution or Ordinance of the CSD Board shall be construed as committing the CSD or the District to provide all of the proposed services. The provision of services shall be subject to the availability of sufficient funding through the collection of special tax revenue within the District.

B.2.b
Packet Pg. 1348 Attachment: Resolution for CFD 2021-01 (5622 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 4 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022

8. Severability. If any provision of this Resolution or the application of any such provision is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable and that the CSD Board declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

9. Certified Copy. The Secretary of the CSD is hereby ordered to forward a certified copy of this Resolution to the County of Riverside and to take such actions as are required for the collection of the tax.

10.Certification. The Secretary of the CSD shall certify to the adoption of this Resolution.

11.Effective Date. This Resolution shall become effective immediately upon its adoption.

B.2.b
Packet Pg. 1349 Attachment: Resolution for CFD 2021-01 (5622 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 5 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
APPROVED AND ADOPTED this 21st day of June 2022.
_____________________________________
By:

Acting in the capacity of President of the
Moreno Valley Community Services District
ATTEST:
____________________________
Deputy City Clerk, acting in the capacity of
Secretary of the Moreno Valley
Community Services District
APPROVED AS TO FORM:
____________________________
City Attorney, acting in the capacity
of General Counsel of the Moreno
Valley Community Services District
B.2.b
Packet Pg. 1350 Attachment: Resolution for CFD 2021-01 (5622 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 6 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES:

NOES:

ABSENT:

ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________

SECRETARY
(SEAL)
B.2.b
Packet Pg. 1351 Attachment: Resolution for CFD 2021-01 (5622 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY B.2.c
Packet Pg. 1352
Attachment: Boundary Maps (5622 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR B.2.c
Packet Pg. 1353 Attachment: Boundary Maps (5622 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY FACILITIES DISTRICTS FOR FIS) Report to City Council
ID#5811 Page 1
TO: Mayor and City Council
Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of the
Moreno Valley Community Services District (CSD)
FROM: Brian Mohan, Assistant City Manager
AGENDA DATE: June 21, 2022
TITLE: PURSUANT TO LANDOWNER PETITIONS, ANNEX

CERTAIN PARCELS INTO COMMUNITY FACILITIES
DISTRICT NO. 2021-01 (PARKS MAINTENANCE) -
AMENDMENT NOS. 15-23, 26, AND 27 (RESO. NOS. CSD
2022- __ - __)

RECOMMENDED ACTION
Recommendation:

1. Adopt Resolution No. 2022-___, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 15) (Karla Stefani and Carlos Enrique Gonzalez, located at 13331 Harewood Dr.).

2. Adopt Resolution No. 2022-___, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 16) (Gabriel and Marisol Martinez, located at 16502 Dartmoor Circle).

3. Adopt Resolution No. 2022-___, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and B.3
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approving the amended map for said District (Amendment No. 17) (Nadia Patchell, located at 21898 Winding Rd.)

4. Adopt Resolution No. 2022-___, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 18) (David A. and Deborah J. Turner, located at 23769 Hemlock Ave).

5. Adopt Resolution No. 2022-___, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 19) (Ruben Pesqueda, located at 24947 Branch St.)

6. Adopt Resolution No. 2022-___, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 20) (Moises Camargan and Alma Patricia Jimenez, located at 13734 Regis Dr.)

7. Adopt Resolution No. 2022-___, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 21) (Muhammad Hanif, located at 25681 Palmwood Dr.)

8. Adopt Resolution No. 2022-___, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 22) (Maria Del Socorro E. Lopez Alvarez, located at 24955 Escondido Ct.).

9. Adopt Resolution No. 2022-___, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 23) (Beazer Home Holdings, located south of Iris Ave., east of Perris Blvd.).

10. Adopt Resolution No. 2022-___, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, B.3
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California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 26) (Maria I. Giron Rivera, located at 24908 Alessandro Blvd.).

11. Adopt Resolution No. 2022-___, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 27) (Elsy Gutierrez Chavez and Luis Ovidio Lopez Gutierrez, located at 13320 Sunfield Dr.).

SUMMARY
Adoption of the resolutions (Attachments 1-11) will certify the annexation of 11 parcels into Community Facilities District (CFD) No. 2021-01 (Parks Maintenance) (“District”).

This action impacts only the property owners identified below, not the general citizens or taxpayers of the City.

DISCUSSION
As a condition of approval for the development projects identified below, the applicants are required to provide an ongoing funding source for maintenance of certain public facilities (e.g., parks). The funding is used to mitigate the cost of the impacts created by the proposed development.

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On June 1, 2021, the CSD Board formed CFD No. 2021-01, pursuant to the Mello-Roos Community Facilities Act of 1982. The District was created to provide the development community with an alternative funding tool to mitigate the impacts of their proposed development. If a property owner elects to annex the parcels of their development into the District, they also authorize the CSD to annually levy a special tax, collected on the annual property tax bill, against property in the development project. Thus, satisfying the condition of approval.

On December 21, 2021, the CSD Board adopted Ordinance No. 56, which designated the entire territory of the City as a future annexation area for the District. With the future annexation area designated, annexations can occur without an additional public hearing as long as the annexing landowner provides unanimous consent. Once annexed, parcels are subject to the annual special tax to fund the service they are receiving.

Property Owner
Project
ACP Record #s
Amendment
No. APNs Location
Karla Stefani and
Carlos Enrique Gonzalez
Accessory Dwelling Unit (ADU)
SCP22-0010
15 482-600-030 13331 Harewood Dr.

Gabriel and Marisol Martinez
Accessory Dwelling Unit (ADU)
SCP22-0011
16 308-390-024 16502 Dartmoor Circle
Nadia Patchell
Accessory Dwelling Unit (ADU)
SCP22-0012
17 256-243-011 21898 Winding Rd.

David A. and Deborah J. Turner
Accessory Dwelling Unit (ADU)
SCP22-0013
18 292-222-033 23769 Hemlock Ave
Ruben Pesqueda
Accessory Dwelling Unit (ADU)
SCP22-0014
19 482-362-017 24947 Branch St.

Moises Camargan and
Alma Patricia Jimenez
Accessory Dwelling Unit (ADU)
SCP22-0015
20 487-492-001 13734 Regis Dr.

Muhammad Hanif
Accessory Dwelling Unit (ADU)
SCP22-0016
21 479-603-018 25681 Palmwood Dr.

Maria Del Socorro E. Lopez Alvarez
Accessory Dwelling Unit (ADU)
SCP22-0017
22 475-300-046 24955 Escondido Ct.

Beazer Home Holdings
TTM 37909, 82 Single Family Units
PEN20-0063/SCP22-0018
23 312-020-030 South of Iris Ave., east of
Perris Blvd.

Maria I. Giron Rivera
Accessory Dwelling Unit (ADU)
SCP22-0028
26 482-201-021 24908 Alessandro Blvd.

Elsy Gutierrez Chavez and
Luis Ovidio Lopez Gutierrez
Accessory Dwelling Unit (ADU)
SCP22-0027
27 296-112-006 13320 Sunfield Dr.

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An applicant has two options to satisfy the condition(s) of approval:

1. The property owner submits a Landowner Petition unanimously approving annexation of the property into the District. Approval of the petition and special tax rate allows the City to annually levy the special tax on the property tax bill of the property. This option is only available if there are fewer than 12 registered voters living within the proposed annexation area; or

2. The applicant funds an endowment in an amount sufficient to yield an annual revenue stream that meets the annual obligation and provides for the ongoing operation and maintenance of parks facilities.

The Property Owners listed above elected to annex their property into CFD No. 2021-01 and have the special tax applied to the annual property tax bill. The Office of the Riverside County Registrar of Voters confirmed the number of registered voters residing at each property, allowing a special election of the landowner. Adoption of the resolutions (Attachments 1-11) amends the District and adds the property to the tax rate area identified in the Fiscal Impact section of this report. The resolutions also direct the recordation of the boundary maps (Attachments 12-22) and amended notice of special tax liens for the amendments. The Election Official confirmed the Property Owners unanimously approved the annexation of their property into the District (Attachments 23- 33).

ALTERNATIVES

1. Adopt the resolutions. Staff recommends this alternative since it will annex the properties into CFD No. 2021-01 at the request of the Property Owners and satisfy the condition of approval for the proposed developments.

2. Do not adopt the resolutions. Staff does not recommend this alternative because it is contrary to the request of the Property Owners, will not satisfy the condition of approval, and may delay development of the projects.

3. Do not adopt the resolutions but rather continue the item to a future regularly scheduled City Council meeting. Staff does not recommend this alternative as it will delay the Property Owners from satisfying the condition of approval and may delay development of the projects.

FISCAL IMPACT
Revenue received from the special tax is restricted and can only be used to fund the services for each tax rate area within the District. The special tax can only be applied to a property tax bill of a parcel wherein the qualified electors (i.e., landowners or B.3
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registered voters, depending upon the number of registered voters) have previously provided approval. If the projected revenue from the maximum special tax exceeds what is necessary to fund the services within the tax rate area, a lower amount will be applied to the property tax bill for all of the properties within the affected tax rate area. The maximum special tax rates are detailed below.

The maximum special tax rate is subject to an annual inflation adjustment based on the change in the Consumer Price Index (CPI) or five percent (5%), whichever is greater.

However, the annual adjustment cannot be applied unless the CSD Board annually authorizes such adjustment. The increase to the maximum special tax rate cannot exceed the annual inflationary adjustment without a two-thirds approval of the qualified electors within the affected tax rate area.

Property Owner
Project
ACP Record #s
Amendment
No. Property Type
FY 2021/22
Maximum
Special Tax Rate
Karla Stefani and
Carlos Enrique Gonzalez
Accessory Dwelling Unit (ADU)
SCP22-0010
15 Single-Family $291.59 per unit
Gabriel and Marisol Martinez
Accessory Dwelling Unit (ADU)
SCP22-0011
16 Single-Family $291.59 per unit
Nadia Patchell
Accessory Dwelling Unit (ADU)
SCP22-0012
17 Single-Family $291.59 per unit
David A. and Deborah J. Turner
Accessory Dwelling Unit (ADU)
SCP22-0013
18 Single-Family $291.59 per unit
Ruben Pesqueda
Accessory Dwelling Unit (ADU)
SCP22-0014
19 Single-Family $291.59 per unit
Moises Camargan and
Alma Patricia Jimenez
Accessory Dwelling Unit (ADU)
SCP22-0015
20 Single-Family $291.59 per unit
Muhammad Hanif
Accessory Dwelling Unit (ADU)
SCP22-0016
21 Single-Family $291.59 per unit
Maria Del Socorro E. Lopez Alvarez
Accessory Dwelling Unit (ADU)
SCP22-0017
22 Single-Family $291.59 per unit
Beazer Home Holdings
TTM 37909, 82 Single Family Units
PEN20-0063/SCP22-0018
23 Single-Family $291.59 per unit
Maria I. Giron Rivera
Accessory Dwelling Unit (ADU)
SCP22-0028
26 Single-Family $291.59 per unit
Elsy Gutierrez Chavez and
Luis Ovidio Lopez Gutierrez
Accessory Dwelling Unit (ADU)
SCP22-0027
27 Single-Family $291.59 per unit
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NOTIFICATION
Nine (9) Landowner Petitions were emailed to the Property Owners on May 10, 2022.

The Landowner Petition for Amendment 26 was emailed on May 19, 2022 and the Landowner Petition for Amendment 27 was emailed on May 24, 2022.

PREPARATION OF STAFF REPORT
Prepared by: Department Head Approval:

Kimberly Ganimian Brian Mohan
Special Districts Division Manager Assistant City Manager Concurred by:

Jeremy Bubnick
Parks & Community Services Director

CITY COUNCIL GOALS
Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal policies to support essential City services, regardless of economic climate.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs
Objective 4.2: Develop and maintain a comprehensive Infrastructure Plan to invest in and deliver City infrastructure.

Objective 5.2: Promote the installation and maintenance of cost effective, low maintenance landscape, hardscape and other improvements which create a clean, inviting community.

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ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Resolution Ordering Annexation - Amendment No. 15

2. Resolution Ordering Annexation - Amendment No. 16

3. Resolution Ordering Annexation - Amendment No. 17

4. Resolution Ordering Annexation - Amendment No. 18

5. Resolution Ordering Annexation - Amendment No. 19

6. Resolution Ordering Annexation - Amendment No. 20

7. Resolution Ordering Annexation - Amendment No. 21

8. Resolution Ordering Annexation - Amendment No. 22

9. Resolution Ordering Annexation - Amendment No. 23

10.Resolution Ordering Annexation - Amendment No. 26

11.Resolution Ordering Annexation - Amendment No. 27

12.Boundary Map - Amendment No. 15

13.Boundary Map - Amendment No. 16

14.Boundary Map - Amendment No. 17

15.Boundary Map - Amendment No. 18

16.Boundary Map - Amendment No. 19

17.Boundary Map - Amendment No. 20

18.Boundary Map - Amendment No. 21

19.Boundary Map - Amendment No. 22

20.Boundary Map - Amendment No. 23

21.Boundary Map - Amendment No. 26

22.Boundary Map - Amendment No. 27

23.Certificate of Election Official - Amendment No. 15

24.Certificate of Election Official - Amendment No. 16

25.Certificate of Election Official - Amendment No. 17

26.Certificate of Election Official - Amendment No. 18

27.Certificate of Election Official - Amendment No. 19

28.Certificate of Election Official - Amendment No. 20

29.Certificate of Election Official - Amendment No. 21

30.Certificate of Election Official - Amendment No. 22

31.Certificate of Election Official - Amendment No. 23

32.Certificate of Election Official - Amendment No. 26

33.Certificate of Election Official - Amendment No. 27
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APPROVALS
Budget Officer Approval ✓ Approved . 6/07/22 1:02 PM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/07/22 1:24 PM
B.3
Packet Pg. 1362
1 Resolution No. 2022-___
Date Adopted: June 21, 2022
RESOLUTION NO. 2022-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITORY TO MORENO VALLEY

COMMUNITY SERVICES DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 2021-01 (PARKS

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT
WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021-01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non-exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, has submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territory shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 15 to Boundaries of Community Facilities District No. 2021-01 (Parks Maintenance), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California” which is included as Exhibit B to this Resolution, and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The above recitals are all true and correct and are herein incorporated.

2. Annexation Approved. The Annexation Parcel is hereby added to and part of the CFD with full legal effect and are subject to the Special Tax.

3. Description of Services. The following is a general description of the services (the “Services”) provided in the CFD:

B.3.a
Packet Pg. 1363 Attachment: Resolution Ordering Annexation - Amendment No. 15 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
Maintaining, lighting, and operating parks and park improvements that are owned and operated by the CSD, to the extent such services are in addition to services already provided at the time CFD No. 2021-01 was created and do not supplant existing services.

Fundable services include (i) planting, replanting, mowing, trimming, irrigation and fertilization of grass, trees, shrubs, and other plants and vegetation, (ii) the operation, maintenance, repair, and replacement of irrigation systems and lighting systems, and (iii) the operation maintenance, repair and replacement of any real property or improvements with a useful life of more than five years.

Fundable costs include, but are not limited to: (i) contracted costs for such services, (ii) salaries and benefits of staff, including park rangers, devoted to such services, (iii) expenses related to equipment, apparatus, and supplies related to these services, (iv) administrative and overhead costs, including staff time, associated with providing such services, and (v) lifecycle costs associated with the repair and replacement of facilities and improvements.

4. Amended Boundary Map. The Boundary Map attached hereto as Exhibit B is hereby approved. This map amends, and does not supersede, the existing maps of the CFD. The Board directs that said map be filed with the Riverside County Recorder pursuant to Section 3113 of the Streets and Highways Code.

5. Notice of Special Tax Lien. The Board directs that an amended notice of special tax lien be recorded pursuant to Section 3117.5 of the Streets and Highways Code with respect to the Annexation Parcel associated with the Boundary Map.

6. This Resolution shall be effective immediately upon adoption.

7. The Secretary shall certify to the adoption of this Resolution and shall maintain it on file as a public record this Resolution.

8. Severability. The Board 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.

B.3.a
Packet Pg. 1364 Attachment: Resolution Ordering Annexation - Amendment No. 15 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
APPROVED AND ADOPTED this 21st day of June 2022.
________________________________
Mayor of the City of Moreno Valley,
acting in the capacity as President of the
Board for the Moreno Valley Community
Services District
ATTEST:
_____________________________________
Deputy City Clerk of the City of Moreno Valley,
acting in the capacity of Secretary of
the Moreno Valley Community
Services District
APPROVED AS TO FORM:
____________________________
City Attorney of the City of Moreno Valley,
acting in the capacity of General Counsel
of the Moreno Valley Community Services District
B.3.a
Packet Pg. 1365 Attachment: Resolution Ordering Annexation - Amendment No. 15 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES:

NOES:

ABSENT:

ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________

PAUL BRADVICA, SECRETARY
(SEAL)
B.3.a
Packet Pg. 1366 Attachment: Resolution Ordering Annexation - Amendment No. 15 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

EXHIBIT A
Amendment Map No. Assessor's Parcel Number
15 482-600-030
List of Annexation Parcel(s)
B.3.a
Packet Pg. 1367 Attachment: Resolution Ordering Annexation - Amendment No. 15 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

EXHIBIT B
B.3.a
Packet Pg. 1368 Attachment: Resolution Ordering Annexation - Amendment No. 15 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2022-___
Date Adopted: June 21, 2022
RESOLUTION NO. 2022-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITORY TO MORENO VALLEY

COMMUNITY SERVICES DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 2021-01 (PARKS

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT
WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021-01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non-exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, has submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territory shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 16 to Boundaries of Community Facilities District No. 2021-01 (Parks Maintenance), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California” which is included as Exhibit B to this Resolution, and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The above recitals are all true and correct and are herein incorporated.

2. Annexation Approved. The Annexation Parcel is hereby added to and part of the CFD with full legal effect and are subject to the Special Tax.

3. Description of Services. The following is a general description of the services (the “Services”) provided in the CFD:

B.3.b
Packet Pg. 1369 Attachment: Resolution Ordering Annexation - Amendment No. 16 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
Maintaining, lighting, and operating parks and park improvements that are owned and operated by the CSD, to the extent such services are in addition to services already provided at the time CFD No. 2021-01 was created and do not supplant existing services.

6. This Resolution shall be effective immediately upon adoption.

7. The Secretary shall certify to the adoption of this Resolution and shall maintain it on file as a public record this Resolution.

B.3.b
Packet Pg. 1370 Attachment: Resolution Ordering Annexation - Amendment No. 16 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
APPROVED AND ADOPTED this 21st day of June 2022.
________________________________
Mayor of the City of Moreno Valley,
acting in the capacity as President of the
Board for the Moreno Valley Community
Services District
ATTEST:
_____________________________________
Deputy City Clerk of the City of Moreno Valley,
acting in the capacity of Secretary of
the Moreno Valley Community
Services District
APPROVED AS TO FORM:
____________________________
City Attorney of the City of Moreno Valley,
acting in the capacity of General Counsel
of the Moreno Valley Community Services District
B.3.b
Packet Pg. 1371 Attachment: Resolution Ordering Annexation - Amendment No. 16 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES:

NOES:

ABSENT:

ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________

PAUL BRADVICA, SECRETARY
(SEAL)
B.3.b
Packet Pg. 1372 Attachment: Resolution Ordering Annexation - Amendment No. 16 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

EXHIBIT A
Amendment Map No. Assessor's Parcel Numbers
16 308-390-024
List of Annexation Parcel(s)
B.3.b
Packet Pg. 1373 Attachment: Resolution Ordering Annexation - Amendment No. 16 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

EXHIBIT B
B.3.b
Packet Pg. 1374 Attachment: Resolution Ordering Annexation - Amendment No. 16 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2022-___
Date Adopted: June 21, 2022
RESOLUTION NO. 2022-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITORY TO MORENO VALLEY

COMMUNITY SERVICES DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 2021-01 (PARKS

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT
WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021-01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non-exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, has submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territory shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 17 to Boundaries of Community Facilities District No. 2021-01 (Parks Maintenance), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California” which is included as Exhibit B to this Resolution, and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The above recitals are all true and correct and are herein incorporated.

2. Annexation Approved. The Annexation Parcel is hereby added to and part of the CFD with full legal effect and are subject to the Special Tax.

3. Description of Services. The following is a general description of the services (the “Services”) provided in the CFD:

B.3.c
Packet Pg. 1375 Attachment: Resolution Ordering Annexation - Amendment No. 17 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
Maintaining, lighting, and operating parks and park improvements that are owned and operated by the CSD, to the extent such services are in addition to services already provided at the time CFD No. 2021-01 was created and do not supplant existing services.

6. This Resolution shall be effective immediately upon adoption.

7. The Secretary shall certify to the adoption of this Resolution and shall maintain it on file as a public record this Resolution.

B.3.c
Packet Pg. 1376 Attachment: Resolution Ordering Annexation - Amendment No. 17 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
APPROVED AND ADOPTED this 21st day of June 2022.
________________________________
Mayor of the City of Moreno Valley,
acting in the capacity as President of the
Board for the Moreno Valley Community
Services District
ATTEST:
_____________________________________
Deputy City Clerk of the City of Moreno Valley,
acting in the capacity of Secretary of
the Moreno Valley Community
Services District
APPROVED AS TO FORM:
_____________________________________
City Attorney of the City of Moreno Valley,
acting in the capacity of General Counsel
of the Moreno Valley Community Services District
B.3.c
Packet Pg. 1377 Attachment: Resolution Ordering Annexation - Amendment No. 17 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES:

NOES:

ABSENT:

ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________

PAUL BRADVICA, SECRETARY
(SEAL)
B.3.c
Packet Pg. 1378 Attachment: Resolution Ordering Annexation - Amendment No. 17 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

EXHIBIT A
Amendment Map No. Assessor's Parcel Numbers
17 256-243-011
List of Annexation Parcel(s)
B.3.c
Packet Pg. 1379 Attachment: Resolution Ordering Annexation - Amendment No. 17 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

EXHIBIT B
B.3.c
Packet Pg. 1380 Attachment: Resolution Ordering Annexation - Amendment No. 17 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2022-___
Date Adopted: June 21, 2022
RESOLUTION NO. 2022-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITORY TO MORENO VALLEY

COMMUNITY SERVICES DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 2021-01 (PARKS

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT
WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021-01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non-exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, has submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territory shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 18 to Boundaries of Community Facilities District No. 2021-01 (Parks Maintenance), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California” which is included as Exhibit B to this Resolution, and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The above recitals are all true and correct and are herein incorporated.

2. Annexation Approved. The Annexation Parcel is hereby added to and part of the CFD with full legal effect and are subject to the Special Tax.

3. Description of Services. The following is a general description of the services (the “Services”) provided in the CFD:

B.3.d
Packet Pg. 1381 Attachment: Resolution Ordering Annexation - Amendment No. 18 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
Maintaining, lighting, and operating parks and park improvements that are owned and operated by the CSD, to the extent such services are in addition to services already provided at the time CFD No. 2021-01 was created and do not supplant existing services.

6. This Resolution shall be effective immediately upon adoption.

7. The Secretary shall certify to the adoption of this Resolution and shall maintain it on file as a public record this Resolution.

B.3.d
Packet Pg. 1382 Attachment: Resolution Ordering Annexation - Amendment No. 18 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
APPROVED AND ADOPTED this 21st day of June 2022.
________________________________
Mayor of the City of Moreno Valley,
acting in the capacity as President of the
Board for the Moreno Valley Community
Services District
ATTEST:
_____________________________________
Deputy City Clerk of the City of Moreno Valley,
acting in the capacity of Secretary of
the Moreno Valley Community
Services District
APPROVED AS TO FORM:
____________________________
City Attorney of the City of Moreno Valley,
acting in the capacity of General Counsel
of the Moreno Valley Community Services District
B.3.d
Packet Pg. 1383 Attachment: Resolution Ordering Annexation - Amendment No. 18 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES:

NOES:

ABSENT:

ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________

PAUL BRADVICA, SECRETARY
(SEAL)
B.3.d
Packet Pg. 1384 Attachment: Resolution Ordering Annexation - Amendment No. 18 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

EXHIBIT A
Amendment Map No. Assessor's Parcel Number(s)
18 292-222-033
List of Annexation Parcel(s)
B.3.d
Packet Pg. 1385 Attachment: Resolution Ordering Annexation - Amendment No. 18 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

EXHIBIT B
B.3.d
Packet Pg. 1386 Attachment: Resolution Ordering Annexation - Amendment No. 18 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2022-___
Date Adopted: June 21, 2022
RESOLUTION NO. 2022-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITORY TO MORENO VALLEY

COMMUNITY SERVICES DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 2021-01 (PARKS

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT
WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021-01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non-exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, has submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territory shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 19 to Boundaries of Community Facilities District No. 2021-01 (Parks Maintenance), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California” which is included as Exhibit B to this Resolution, and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The above recitals are all true and correct and are herein incorporated.

2. Annexation Approved. The Annexation Parcel is hereby added to and part of the CFD with full legal effect and are subject to the Special Tax.

3. Description of Services. The following is a general description of the services (the “Services”) provided in the CFD:

B.3.e
Packet Pg. 1387 Attachment: Resolution Ordering Annexation - Amendment No. 19 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
Maintaining, lighting, and operating parks and park improvements that are owned and operated by the CSD, to the extent such services are in addition to services already provided at the time CFD No. 2021-01 was created and do not supplant existing services.

6. This Resolution shall be effective immediately upon adoption.

7. The Secretary shall certify to the adoption of this Resolution and shall maintain it on file as a public record this Resolution.

B.3.e
Packet Pg. 1388 Attachment: Resolution Ordering Annexation - Amendment No. 19 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
APPROVED AND ADOPTED this 21st day of June 2022.
________________________________
Mayor of the City of Moreno Valley,
acting in the capacity as President of the
Board for the Moreno Valley Community
Services District
ATTEST:
_____________________________________
Deputy City Clerk of the City of Moreno Valley,
acting in the capacity of Secretary of
the Moreno Valley Community
Services District
APPROVED AS TO FORM:
_____________________________________
City Attorney of the City of Moreno Valley,
acting in the capacity of General Counsel
of the Moreno Valley Community Services District
B.3.e
Packet Pg. 1389 Attachment: Resolution Ordering Annexation - Amendment No. 19 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES:

NOES:

ABSENT:

ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________

PAUL BRADVICA, SECRETARY
(SEAL)
B.3.e
Packet Pg. 1390 Attachment: Resolution Ordering Annexation - Amendment No. 19 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

EXHIBIT A
Amendment Map No. Assessor's Parcel Numbers
19 482-362-017
List of Annexation Parcel(s)
B.3.e
Packet Pg. 1391 Attachment: Resolution Ordering Annexation - Amendment No. 19 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

EXHIBIT B
B.3.e
Packet Pg. 1392 Attachment: Resolution Ordering Annexation - Amendment No. 19 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2022-___
Date Adopted: June 21, 2022
RESOLUTION NO. 2022-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITORY TO MORENO VALLEY

COMMUNITY SERVICES DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 2021-01 (PARKS

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT
WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021-01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non-exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, has submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territory shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 20 to Boundaries of Community Facilities District No. 2021-01 (Parks Maintenance), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California” which is included as Exhibit B to this Resolution, and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The above recitals are all true and correct and are herein incorporated.

2. Annexation Approved. The Annexation Parcel is hereby added to and part of the CFD with full legal effect and are subject to the Special Tax.

3. Description of Services. The following is a general description of the services (the “Services”) provided in the CFD:

B.3.f
Packet Pg. 1393 Attachment: Resolution Ordering Annexation - Amendment No. 20 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
Maintaining, lighting, and operating parks and park improvements that are owned and operated by the CSD, to the extent such services are in addition to services already provided at the time CFD No. 2021-01 was created and do not supplant existing services.

6. This Resolution shall be effective immediately upon adoption.

7. The Secretary shall certify to the adoption of this Resolution and shall maintain it on file as a public record this Resolution.

B.3.f
Packet Pg. 1394 Attachment: Resolution Ordering Annexation - Amendment No. 20 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
APPROVED AND ADOPTED this 21st day of June 2022.
________________________________
Mayor of the City of Moreno Valley,
acting in the capacity as President of the
Board for the Moreno Valley Community
Services District
ATTEST:
_____________________________________
Deputy City Clerk of the City of Moreno Valley,
acting in the capacity of Secretary of
the Moreno Valley Community
Services District
APPROVED AS TO FORM:
_____________________________________
City Attorney of the City of Moreno Valley,
acting in the capacity of General Counsel
of the Moreno Valley Community Services District
B.3.f
Packet Pg. 1395 Attachment: Resolution Ordering Annexation - Amendment No. 20 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES:

NOES:

ABSENT:

ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________

PAUL BRADVICA, SECRETARY
(SEAL)
B.3.f
Packet Pg. 1396 Attachment: Resolution Ordering Annexation - Amendment No. 20 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

EXHIBIT A
Amendment Map No. Assessor's Parcel Numbers
20 487-492-001
List of Annexation Parcel(s)
B.3.f
Packet Pg. 1397 Attachment: Resolution Ordering Annexation - Amendment No. 20 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

EXHIBIT B
B.3.f
Packet Pg. 1398 Attachment: Resolution Ordering Annexation - Amendment No. 20 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2022-___
Date Adopted: June 21, 2022
RESOLUTION NO. 2022-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITORY TO MORENO VALLEY

COMMUNITY SERVICES DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 2021-01 (PARKS

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT
WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021-01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non-exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, has submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territory shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 21 to Boundaries of Community Facilities District No. 2021-01 (Parks Maintenance), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California” which is included as Exhibit B to this Resolution, and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The above recitals are all true and correct and are herein incorporated.

2. Annexation Approved. The Annexation Parcel is hereby added to and part of the CFD with full legal effect and are subject to the Special Tax.

3. Description of Services. The following is a general description of the services (the “Services”) provided in the CFD:

B.3.g
Packet Pg. 1399 Attachment: Resolution Ordering Annexation - Amendment No. 21 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
Maintaining, lighting, and operating parks and park improvements that are owned and operated by the CSD, to the extent such services are in addition to services already provided at the time CFD No. 2021-01 was created and do not supplant existing services.

6. This Resolution shall be effective immediately upon adoption.

7. The Secretary shall certify to the adoption of this Resolution and shall maintain it on file as a public record this Resolution.

B.3.g
Packet Pg. 1400 Attachment: Resolution Ordering Annexation - Amendment No. 21 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
APPROVED AND ADOPTED this 21st day of June 2022.
________________________________
Mayor of the City of Moreno Valley,
acting in the capacity as President of the
Board for the Moreno Valley Community
Services District
ATTEST:
_____________________________________
Deputy City Clerk of the City of Moreno Valley,
acting in the capacity of Secretary of
the Moreno Valley Community
Services District
APPROVED AS TO FORM:
_________________________________
City Attorney of the City of Moreno Valley,
acting in the capacity of General Counsel
of the Moreno Valley Community Services District
B.3.g
Packet Pg. 1401 Attachment: Resolution Ordering Annexation - Amendment No. 21 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES:

NOES:

ABSENT:

ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________

PAUL BRADVICA, SECRETARY
(SEAL)
B.3.g
Packet Pg. 1402 Attachment: Resolution Ordering Annexation - Amendment No. 21 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

EXHIBIT A
Amendment Map No. Assessor's Parcel Numbers
21 479-603-018
List of Annexation Parcel(s)
B.3.g
Packet Pg. 1403 Attachment: Resolution Ordering Annexation - Amendment No. 21 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

EXHIBIT B
B.3.g
Packet Pg. 1404 Attachment: Resolution Ordering Annexation - Amendment No. 21 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2022-___
Date Adopted: June 21, 2022
RESOLUTION NO. 2022-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITORY TO MORENO VALLEY

COMMUNITY SERVICES DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 2021-01 (PARKS

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT
WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021-01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non-exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, has submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territory shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 22 to Boundaries of Community Facilities District No. 2021-01 (Parks Maintenance), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California” which is included as Exhibit B to this Resolution, and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The above recitals are all true and correct and are herein incorporated.

2. Annexation Approved. The Annexation Parcel is hereby added to and part of the CFD with full legal effect and are subject to the Special Tax.

3. Description of Services. The following is a general description of the services (the “Services”) provided in the CFD:

B.3.h
Packet Pg. 1405 Attachment: Resolution Ordering Annexation - Amendment No. 22 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
Maintaining, lighting, and operating parks and park improvements that are owned and operated by the CSD, to the extent such services are in addition to services already provided at the time CFD No. 2021-01 was created and do not supplant existing services.

6. This Resolution shall be effective immediately upon adoption.

7. The Secretary shall certify to the adoption of this Resolution and shall maintain it on file as a public record this Resolution.

B.3.h
Packet Pg. 1406 Attachment: Resolution Ordering Annexation - Amendment No. 22 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
APPROVED AND ADOPTED this 21st day of June 2022.
________________________________
Mayor of the City of Moreno Valley,
acting in the capacity as President of the
Board for the Moreno Valley Community
Services District
ATTEST:
_____________________________________
Deputy City Clerk of the City of Moreno Valley,
acting in the capacity of Secretary of
the Moreno Valley Community
Services District
APPROVED AS TO FORM:
_________________________________
City Attorney of the City of Moreno Valley,
acting in the capacity of General Counsel
of the Moreno Valley Community Services District
B.3.h
Packet Pg. 1407 Attachment: Resolution Ordering Annexation - Amendment No. 22 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES:

NOES:

ABSENT:

ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________

PAUL BRADVICA, SECRETARY
(SEAL)
B.3.h
Packet Pg. 1408 Attachment: Resolution Ordering Annexation - Amendment No. 22 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

EXHIBIT A
Amendment Map No. Assessor's Parcel Numbers
22 475-300-046
List of Annexation Parcel(s)
B.3.h
Packet Pg. 1409 Attachment: Resolution Ordering Annexation - Amendment No. 22 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

EXHIBIT B
B.3.h
Packet Pg. 1410 Attachment: Resolution Ordering Annexation - Amendment No. 22 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2022-___
Date Adopted: June 21, 2022
RESOLUTION NO. 2022-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITORY TO MORENO VALLEY

COMMUNITY SERVICES DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 2021-01 (PARKS

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT
WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021-01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non-exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, has submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territory shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 23 to Boundaries of Community Facilities District No. 2021-01 (Parks Maintenance), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California” which is included as Exhibit B to this Resolution, and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The above recitals are all true and correct and are herein incorporated.

2. Annexation Approved. The Annexation Parcel is hereby added to and part of the CFD with full legal effect and are subject to the Special Tax.

3. Description of Services. The following is a general description of the services (the “Services”) provided in the CFD:

B.3.i
Packet Pg. 1411 Attachment: Resolution Ordering Annexation - Amendment No. 23 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
Maintaining, lighting, and operating parks and park improvements that are owned and operated by the CSD, to the extent such services are in addition to services already provided at the time CFD No. 2021-01 was created and do not supplant existing services.

6. This Resolution shall be effective immediately upon adoption.

7. The Secretary shall certify to the adoption of this Resolution and shall maintain it on file as a public record this Resolution.

B.3.i
Packet Pg. 1412 Attachment: Resolution Ordering Annexation - Amendment No. 23 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
APPROVED AND ADOPTED this 21st day of June 2022.
________________________________
Mayor of the City of Moreno Valley,
acting in the capacity as President of the
Board for the Moreno Valley Community
Services District
ATTEST:
_____________________________________
Deputy City Clerk of the City of Moreno Valley,
acting in the capacity of Secretary of
the Moreno Valley Community
Services District
APPROVED AS TO FORM:
_________________________________
City Attorney of the City of Moreno Valley,
acting in the capacity of General Counsel
of the Moreno Valley Community Services District
B.3.i
Packet Pg. 1413 Attachment: Resolution Ordering Annexation - Amendment No. 23 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES:

NOES:

ABSENT:

ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________

PAUL BRADVICA, SECRETARY
(SEAL)
B.3.i
Packet Pg. 1414 Attachment: Resolution Ordering Annexation - Amendment No. 23 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

EXHIBIT A
Amendment Map No. Assessor's Parcel Numbers
23 312-020-030
List of Annexation Parcel(s)
B.3.i
Packet Pg. 1415 Attachment: Resolution Ordering Annexation - Amendment No. 23 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

EXHIBIT B
B.3.i
Packet Pg. 1416 Attachment: Resolution Ordering Annexation - Amendment No. 23 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2022-___
Date Adopted: June 21, 2022
RESOLUTION NO. 2022-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITORY TO MORENO VALLEY

COMMUNITY SERVICES DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 2021-01 (PARKS

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT
WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021-01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non-exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, has submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territory shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 26 to Boundaries of Community Facilities District No. 2021-01 (Parks Maintenance), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California” which is included as Exhibit B to this Resolution, and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The above recitals are all true and correct and are herein incorporated.

2. Annexation Approved. The Annexation Parcel is hereby added to and part of the CFD with full legal effect and are subject to the Special Tax.

3. Description of Services. The following is a general description of the services (the “Services”) provided in the CFD:

B.3.j
Packet Pg. 1417 Attachment: Resolution Ordering Annexation - Amendment No. 26 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
Maintaining, lighting, and operating parks and park improvements that are owned and operated by the CSD, to the extent such services are in addition to services already provided at the time CFD No. 2021-01 was created and do not supplant existing services.

6. This Resolution shall be effective immediately upon adoption.

7. The Secretary shall certify to the adoption of this Resolution and shall maintain it on file as a public record this Resolution.

B.3.j
Packet Pg. 1418 Attachment: Resolution Ordering Annexation - Amendment No. 26 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
APPROVED AND ADOPTED this 21st day of June 2022.
________________________________
Mayor of the City of Moreno Valley,
acting in the capacity as President of the
Board for the Moreno Valley Community
Services District
ATTEST:
_____________________________________
Deputy City Clerk of the City of Moreno Valley,
acting in the capacity of Secretary of
the Moreno Valley Community
Services District
APPROVED AS TO FORM:
_________________________________
City Attorney of the City of Moreno Valley,
acting in the capacity of General Counsel
of the Moreno Valley Community Services District
B.3.j
Packet Pg. 1419 Attachment: Resolution Ordering Annexation - Amendment No. 26 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES:

NOES:

ABSENT:

ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________

PAUL BRADVICA, SECRETARY
(SEAL)
B.3.j
Packet Pg. 1420 Attachment: Resolution Ordering Annexation - Amendment No. 26 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

EXHIBIT A
Amendment Map No. Assessor's Parcel Numbers
26 482-201-021
List of Annexation Parcel(s)
B.3.j
Packet Pg. 1421 Attachment: Resolution Ordering Annexation - Amendment No. 26 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

EXHIBIT B
B.3.j
Packet Pg. 1422 Attachment: Resolution Ordering Annexation - Amendment No. 26 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2022-___
Date Adopted: June 21, 2022
RESOLUTION NO. 2022-___

A RESOLUTION OF THE BOARD FOR THE MORENO

VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY

OF MORENO VALLEY, CALIFORNIA, ORDERING THE

ANNEXATION OF TERRITORY TO MORENO VALLEY

COMMUNITY SERVICES DISTRICT COMMUNITY
FACILITIES DISTRICT NO. 2021-01 (PARKS

MAINTENANCE) AND APPROVING AN AMENDED MAP

FOR SAID DISTRICT
WHEREAS, by its Resolution No. CSD 2021-22, Board established the Moreno Valley Community Services District Community Facilities District No. 2021-01 (Parks Maintenance) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”); and WHEREAS, by its Ordinance No. CSD 55, the Board authorized an annual special tax to be levied against all non-exempt parcels of real property within the CFD (the “Special Tax”) to fund parks maintenance services; and
WHEREAS, in order to permit landowners to efficiently annex developing parcels to the CFD, the Board, by its Ordinance No. CSD 56 designated the entire territory of the City of Moreno Valley as a future annexation area for the CFD; and WHEREAS, the landowner of the parcel listed on Exhibit A to this Resolution, which is attached hereto and incorporated herein by reference, has submitted to the District a petition requesting and approving annexation of the listed parcel (the “Annexation Parcel”) to the CFD; and
WHEREAS, the Annexation Parcel is comprised of the territory shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 27 to Boundaries of Community Facilities District No. 2021-01 (Parks Maintenance), Moreno Valley Community Services District, City of Moreno Valley, County of Riverside, California” which is included as Exhibit B to this Resolution, and incorporated herein by this reference; and
WHEREAS, the Board desires to annex the Annexation Parcel to the CFD.

NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY

SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. Recitals. The above recitals are all true and correct and are herein incorporated.

2. Annexation Approved. The Annexation Parcel is hereby added to and part of the CFD with full legal effect and are subject to the Special Tax.

3. Description of Services. The following is a general description of the services (the “Services”) provided in the CFD:

B.3.k
Packet Pg. 1423 Attachment: Resolution Ordering Annexation - Amendment No. 27 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
Maintaining, lighting, and operating parks and park improvements that are owned and operated by the CSD, to the extent such services are in addition to services already provided at the time CFD No. 2021-01 was created and do not supplant existing services.

6. This Resolution shall be effective immediately upon adoption.

7. The Secretary shall certify to the adoption of this Resolution and shall maintain it on file as a public record this Resolution.

B.3.k
Packet Pg. 1424 Attachment: Resolution Ordering Annexation - Amendment No. 27 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
APPROVED AND ADOPTED this 21st day of June 2022.
________________________________
Mayor of the City of Moreno Valley,
acting in the capacity as President of the
Board for the Moreno Valley Community
Services District
ATTEST:
_____________________________________
Deputy City Clerk of the City of Moreno Valley,
acting in the capacity of Secretary of
the Moreno Valley Community
Services District
APPROVED AS TO FORM:
____________________________
City Attorney of the City of Moreno Valley,
acting in the capacity of General Counsel
of the Moreno Valley Community Services District
B.3.k
Packet Pg. 1425 Attachment: Resolution Ordering Annexation - Amendment No. 27 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES:

NOES:

ABSENT:

ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________

PAUL BRADVICA, SECRETARY
(SEAL)
B.3.k
Packet Pg. 1426 Attachment: Resolution Ordering Annexation - Amendment No. 27 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

EXHIBIT A
Amendment Map No. Assessor's Parcel Numbers
27 296-112-006
List of Annexation Parcel(s)
B.3.k
Packet Pg. 1427 Attachment: Resolution Ordering Annexation - Amendment No. 27 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022

EXHIBIT B
B.3.k
Packet Pg. 1428 Attachment: Resolution Ordering Annexation - Amendment No. 27 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

RUNN NI G HORSE DR RUNN NI G HORSE DR

HEACOCK ST HEACOCK ST

LARKHAVEN DR

HAREWOOD DR
HELMSDALE ST B.3.l
Packet Pg. 1429
Attachment: Boundary Map - Amendment No. 15 (5811 : PURSUANT TO LANDOWNER PETITIONS, VIA PAMPLONA WITHERS WAY B.3.m
Packet Pg. 1430
Attachment: Boundary Map - Amendment No. 16 (5811 : PURSUANT TO LANDOWNER PETITIONS,

CLARK ST CLARK ST DAY ST CLARK ST DAY ST ALCORN DR
PINE CONE LN B.3.n
Packet Pg. 1431
Attachment: Boundary Map - Amendment No. 17 (5811 : PURSUANT TO LANDOWNER PETITIONS, N TI A DR MARIGOLD AVE GRAHAM ST P GI EON PASS RD FREDERICK ST GRAHAM ST B.3.o Packet Pg. 1432
Attachment: Boundary Map - Amendment No. 18 (5811 : PURSUANT TO LANDOWNER PETITIONS,

PERRIS BLVD

MORENO WAY

PERSIMMON RD

MORENO WAY MORENO WAY

PERSIMMON RD

PERRIS BLVD
PERRIS BLVD B.3.p
Packet Pg. 1433
Attachment: Boundary Map - Amendment No. 19 (5811 : PURSUANT TO LANDOWNER PETITIONS,

DARW NI DR

CANBERRA WAY

REG SI DR

CANBERRA WAY

SYDNEY AVE

ER NI DR

MORR SI ON ST

LASSELLE ST DARWIN DR

LASSELLE ST MORRISON ST REGIS DR
CANBERRA WAY MONET ST BRISBANE CT B.3.q
Packet Pg. 1434
Attachment: Boundary Map - Amendment No. 20 (5811 : PURSUANT TO LANDOWNER PETITIONS,

KITCHING ST

FLINTLOCK TRL

LANGTRY CIR
PALM VISTA ST KITCHING ST B.3.r
Packet Pg. 1435
Attachment: Boundary Map - Amendment No. 21 (5811 : PURSUANT TO LANDOWNER PETITIONS,

WELLER PL WELBY PL KILGORE ST HUBBARD ST CAMINO DE LA VISTA DR

FOUCH LN

PERRIS BLVD

VENETIAN DR

VILLA HERMOSA MATHEWS RD

FRANKLIN ST PALOS GRANDE WAY

LOREZ DR

PERRIS BLVD

DIEGO CT ODESSA DR

AARON DR

HARCLARE DR WELLER PL
IVY LN B.3.s
Packet Pg. 1436
Attachment: Boundary Map - Amendment No. 22 (5811 : PURSUANT TO LANDOWNER PETITIONS,

EBONY AVE EBONY AVE

EMMA LN WEDOW DR

NIPPET LN

SPACE DR

COSMOS ST PERR SI BLVD

BLUECHIP CIR

EBONY AVE

IND AI N ST NI D AI N ST KITCH NI G ST PERR SI BLVD
EMMA LN B.3.t
Packet Pg. 1437
Attachment: Boundary Map - Amendment No. 23 (5811 : PURSUANT TO LANDOWNER PETITIONS,

GAYE ST PERRIS BLVD

PHEASANT KNOLL LN

PERRIS BLVD GAYE ST COVEY QUAIL LN

FLAMING ARROW DR
ROBIN NEST CT PERRIS BLVD B.3.u
Packet Pg. 1438
Attachment: Boundary Map - Amendment No. 26 (5811 : PURSUANT TO LANDOWNER PETITIONS,

GRAHAM ST SUNF EI LD DR

GRAHAM ST

LARKHAVEN DR

SUNSWEPT CT

DEER PARK DR

GRAHAM ST SUNFLOWER CT
FIELDCREST CT SUNFIELD DR SUNSWEPT CT B.3.v
Packet Pg. 1439
Attachment: Boundary Map - Amendment No. 27 (5811 : PURSUANT TO LANDOWNER PETITIONS, B.3.w
Packet Pg. 1440 Attachment: Certificate of Election Official - Amendment No. 15 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.3.x
Packet Pg. 1441 Attachment: Certificate of Election Official - Amendment No. 16 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO COMMUNITY FACILITIES DISTRICT NO. 2021-0) B.3.y
Packet Pg. 1442 Attachment: Certificate of Election Official - Amendment No. 17 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO COMMUNITY FACILITIES DISTRICT NO. 2021-0) B.3.z
Packet Pg. 1443 Attachment: Certificate of Election Official - Amendment No. 18 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.3.aa
Packet Pg. 1444 Attachment: Certificate of Election Official - Amendment No. 19 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.3.ab
Packet Pg. 1445 Attachment: Certificate of Election Official - Amendment No. 20 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.3.ac
Packet Pg. 1446 Attachment: Certificate of Election Official - Amendment No. 21 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO COMMUNITY FACILITIES DISTRICT NO. 2021-0) B.3.ad
Packet Pg. 1447 Attachment: Certificate of Election Official - Amendment No. 22 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.3.ae
Packet Pg. 1448 Attachment: Certificate of Election Official - Amendment No. 23 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS INTO COMMUNITY FACILITIES DISTRICT NO. 2021-0) B.3.af
Packet Pg. 1449 Attachment: Certificate of Election Official - Amendment No. 26 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS B.3.ag
Packet Pg. 1450 Attachment: Certificate of Election Official - Amendment No. 27 (5811 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN PARCELS Report to City Council
ID#5846 Page 1
TO: Mayor and City Council
FROM: Manuel A. Mancha, Community Development Director
AGENDA DATE: June 21, 2022
TITLE: MORENO VALLEY TRADE CENTER/PARK

RECOMMENDED ACTION
That the City Council take the following actions:

1. Adopt Resolution No. [next in order] approving and adopting the Mitigation, Monitoring and Reporting Program and Statement of Overriding Considerations and Certifying the Final Environmental Impact Report for the Moreno Valley Trade Center Project;

2. Adopt Resolution No. [next in order] approving General Plan Amendment (PEN19-0191), Tentative Parcel Map (PEN19-0234), and Plot Plan (PEN19- 0193) and the respective conditions of approval, based on the Recitals, Evidence and Findings contained in the Administrative Record of the proceedings;

3. Introduce Ordinance No. [next in order] approving Change of Zone (PEN19-0192) and corresponding amendment to the City’s Zoning Atlas and the conditions of approval, based on the Recitals, Evidence and Findings contained in the Administrative Record of the proceedings;

4. Adopt Resolution No. [next in order] finding and determining pursuant to Senate Bill No. 330 that approval of the Moreno Valley Trade Center project shall not result in a net loss in residential capacity; and,

5. Adopt Resolution No. [next in order] accepting the Community Benefits and Community Park on behalf of the City of Moreno Valley, as offered by the Applicant and set forth in the Community Park Acquisition and Improvement Agreement and authorize the City Manager to execute the Agreement and approve any subsequent amendments, subject to the consent of the City Attorney, consistent with the intent and purposes of the Agreement.

F.1
Packet Pg. 1451

Page 2 ends

BACKGROUND:

The proposed Moreno Valley Trade Center project consists of the following: 1) General Plan Amendment (PEN19-0191), 2) Change of Zone (PEN19-0192) and corresponding amendment to the City’s Zoning Atlas, 3) Tentative Parcel Map (PEN19-0234), and 4) Plot Plan (PEN19-0193), collectively, the “Proposed Project.” The Proposed Project, as analyzed by the Draft Environmental Impact Report (“Draft EIR”) consisted of the proposed merger of 11 parcels into a single parcel for the purpose of developing and constructing an approximately 1,263,271 square foot “warehouse and logistics center” or in the alternative a “fulfillment/e-commerce center facility” on about 80 acres south of Eucalyptus Avenue, north of Encelia Avenue, east of Quincy Street, and west of Redlands Boulevard, currently comprising Assessor Parcel Nos. 488-340-002 through 012 (“Project Site”).

The Proposed Project’s warehouse and logistics center option was considered by the Planning Commission at a duly noticed public hearing conducted on October 28, 2021, and the Planning Commission voted 4-0 to deny the Proposed Project’s warehouse and logistics center option based on the findings that: 1) the Proposed Project’s warehouse and logistics center option was inconsistent with the City’s General Plan; and 2) the Proposed Project’s warehouse and logistics center option would result in significant and unavoidable environmental impacts to the surrounding community.

The Applicant, MVTC, LLC, a Delaware limited liability company, appealed the Planning Commission’s decision (Planning Case No. PAA21-0001), and a duly noticed public hearing on the appeal was conducted by the City Council on December 7, 2021.

However, at the public hearing, the City Council did not rule on the appeal; rather, after receiving public testimony, the City Council unanimously voted to continue the public hearing regarding the Draft EIR and the Proposed Project (both options) to a date uncertain.

Proposed Project - Requested Entitlements
The Proposed Project includes the following requested entitlements: 1) General Plan Amendment (PEN19-0191), 2) Change of Zone (PEN19-0192) and the corresponding amendment to the City’s Zoning Atlas, 3) Tentative Parcel Map (PEN19-0234), and 4) Plot Plan (PEN19-0193).

General Plan Amendment (PEN19-0191) – The purpose of the General Plan Amendment is to change the Land Use Designation of the Project Site under the City of Moreno Valley General Plan Land Use Map from Residential 2 (R2) to Business Park (BP). The primary purpose of the Business Park (BP) General Plan Land Use Designation is to provide for manufacturing, research and development, warehousing and distribution, as well as office and support commercial activities. The proposed General Plan Amendment, as requested by the Applicant, will be consistent with the Project Site’s adjacent parcels to the northwest, north, northeast, and east, which have Business Park (BP) Land Use Designations. The parcels to the northwest, north, and northeast have been developed with industrial warehouse buildings. The parcels to the east are currently vacant and unimproved. The change in the Project Site’s Land Use F.1
Packet Pg. 1452

Page 3 ends

Designation would result in a total increase of approximately 80.04-acres of the Business Park (BP) General Plan Land Use Designation and a corresponding reduction of approximately 80.04-acres of the Residential 2 (R2) General Plan Land Use Designation.

Change of Zone (PEN19-0192) – The purpose of the Change of Zone is to rezone the Project Site from Residential Agriculture 2 (RA2) District to Light Industrial (LI) District, and to remove the Project Site’s “Primary Animal Keeping Overlay (PAKO)” overlay classification. The primary purpose of the Light Industrial (LI) District zone is to provide for light manufacturing, light industrial, research and development, warehousing and distribution, and multitenant industrial uses, as well as certain supporting administrative and professional offices and commercial uses on a limited basis. The Light Industrial District (LI) District is intended as an area for light industrial uses that can meet highperformance standards. The proposed Change of Zone will be consistent with the Project Site’s adjacent parcels to the northwest, north, and northeast, which are currently zoned Light Industrial (LI) District and developed with industrial warehouses uses.

Tentative Parcel Map (PEN19-0234) – The purpose of the Tentative Parcel Map is to merge the existing 11 parcels into a single parcel. Out of the 11 subject parcels, 7 parcels are currently vacant and unimproved. The other 4 parcels are developed with the Adam’s Hall Plant Nursery that includes some residential structures. Staff has reviewed the proposed Tentative Parcel Map and confirmed that the proposed single parcel complies with all applicable development and subdivision standards consistent with the State’s Subdivision Map Act.

Plot Plan (PEN19-0193) – The purpose of the Plot Plan is to construct an approximately 1,263,271 square foot Warehouse/Distribution building on the Project Site with associated parking, landscape improvements, and off-site public improvements. An alternative land-use option, a fulfillment/e-commerce center facility was also discussed in the Draft EIR. Should the Applicant decide to pursue the option of developing and constructing the fulfillment/e-commerce center facility, either an amended Plot Plan or a new Plot Plan proposal would have to be submitted for review and approval.

Proposed Revisions to the Proposed Project Description
As described above, the Proposed Project, as analyzed by the Draft EIR, consisted of a warehouse and logistics center or in the alternative a fulfillment/e-commerce center option. The Planning Commission’s decision, however, was related only to the Proposed Project’s warehouse and logistics center option.

The Applicant has taken into consideration several issues raised by the Planning Commission in its denial of the Proposed Project and input it received from members of the public at the City Council public hearing held on December 7, 2021. As a result, the Applicant decided to submit various revisions to the Proposed Project’s warehouse and logistic center that the Applicant believes are responsive to the various concerns that have been officially raised regarding the scope of the Proposed Project’s warehouse F.1
Packet Pg. 1453

Page 4 ends

and logistics center option and its impacts on the surrounding community and environment.

Section 3.0, Project Description, of the Draft EIR included a detailed description of the Proposed Project, as originally proposed. With the exception of the items listed below, all components of the proposed development and characteristics of the Proposed Project’s warehouse and logistic center, as described in Section 3.0 of the Draft EIR remain applicable, in that they will not need to be altered, modified or changed in any manner to accommodate any of the “Proposed Revisions” as offered by the Applicant, as particularly described below. (See Moreno Valley Trade Center - Revised Project Evaluation, attached hereto.)
The Proposed Revisions include the following:

1. The square footage of the interior floor area of the Proposed Project’s light industrial building will be reduced by 65,582 square feet to approximately 1,263,271 square feet.

2. The number of loading docks on the south side of the building will be reduced by 4 to 117 loading docks.

3. The number of loading docks on the north side of the building will be reduced by 7 to 97 loading docks.

4. The number of trailer parking spaces will be reduced by 10 to 228.

5. The number of passenger vehicle parking spaces will be reduced by 86 to 521.

6. All driveways on Encelia Avenue will be eliminated.

7. The finished floor elevation (feet above mean sea level) of the building will be reduced by approximately 3.25 feet to 1,732.25 feet, which will reduce the perceived height of the building.

8. An approximately 35-foot-tall, solid earthen berm, densely landscaped with trees, shrubs, and groundcover, will be installed at the interface between the Project Site’s southern boundary and Encelia Avenue.

9. Truck access will be limited to Eucalyptus Avenue, thereby eliminating any truck access from Redlands Boulevard.

10.Traffic signals will be installed at Redlands Boulevard at the proposed northern driveway to the Project Site.

11.A water quality/detention basin will be installed at the southeastern corner of the Project Site.

The Draft EIR still includes the alternative fulfillment/e-commerce center option.

However, while the fulfillment/e-commerce center option remains conceptual, the Applicant has proposed that the Proposed Revisions described above also apply to the Proposed Project’s fulfillment/e-commerce center option, with the following modifications applied to the number of loading docks, trailer parking stalls, and passenger vehicle parking stalls. For the fulfillment/e-commerce center option, the Applicant proposes zero loading docks on the south side of the proposed building; only 103 trailer parking stalls on the north side of the building; and 3) 1,352 passenger vehicle parking stalls for the entire Project Site. (See Conceptual Site Plan for the Fulfillment/E-Commerce Option, attached hereto).

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It is important to note that there are no proposed modifications requested by the Applicant nor recommended by staff regarding the proposed General Plan Amendment (PEN19-0191) and Change of Zone (PEN19-0192), as originally presented on October 28, 2021, at the Planning Commission public hearing and on December 7, 2021, at the City Council public hearing. As discussed above, the purpose of the General Plan Amendment (PEN19-0191) is to change the Land Use Designation of the Project Site under the City of Moreno Valley General Plan Land Use Map from Residential 2 (R2) to Business Park (BP), which provides for manufacturing, research and development, warehousing and distribution, as well as office and support commercial activities.

Moreover, the purpose of the Change of Zone (PEN19-0192) is to rezone the Project Site from Residential Agriculture 2 (RA2) District to Light Industrial (LI) District, and to remove the Project Site’s “Primary Animal Keeping Overlay (PAKO)” overlay classification. The purpose of the Light Industrial District (LI) zone is to provide for light manufacturing, light industrial, research and development, warehousing and distribution, and multitenant industrial uses, as well as certain supporting administrative and professional offices and commercial uses on a limited basis. In conclusion, the Proposed Revisions do not necessitate any need to modify the Applicant’s requests for either the General Plan Amendment (PEN19-0191) or Change of Zone (PEN19-0192) since the proposed uses remain the same. In light of the foregoing, the City Council is not required to refer the Proposed Project back to the Planning Commission for a recommendation prior to taking final action on the revised Project, as otherwise would have been required per sections 9.02.040 (General plan amendments) and 9.02.050 (Amendments to zoning districts or other provisions of Title 9) if there were in fact modifications made to either General Plan Amendment (PEN19-0191) or Change of Zone (PEN19-0192).

Storm Drain Condition

1. The Proposed Project has been conditioned to require the Applicant, prior to occupancy, to install a 72" reinforced concrete pipe (RCP) storm drain to join the existing 72" RCP, located at Redlands Boulevard south of Eucalyptus Avenue. The Applicant shall also make the necessary installations to cause the proposed 72" RCP to transition to a proposed 78" RCP at Redlands Boulevard north of Encelia Avenue which will also be installed by the Applicant and which will terminate near Dracaea Avenue where it will join an existing 42" RCP. The Applicant has consented to complying with this condition, as set forth in a letter from the Applicant, dated December 1, 2021, which is attached to the attached Resolution Accepting Community Benefits and Approving Park Agreement, which is consistent with Municipal Code Section 9.14.110 (Flood control and tract drainage) and the City’s relevant standard design standards that the City Engineer relies upon when determining whether the use of streets for drainage purposes is not in the interest of public health, safety and welfare. The City Engineer’s determination that the use of streets for drainage purposes is not in the interest of public health, safety and welfare is based on 1) evidence that the water discharge that will be created by the Proposed Project (Proposed Project Flows) will exceed the existing water discharge conditions (Undeveloped, Existing Project Flows) associated with the Project Site, which will exacerbate the downstream flooding potential at Dracaea Avenue, and 2) F.1
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the capacity of existing downstream drainage infrastructure including that of the developed westerly half of Redlands Boulevard. The City’s construction inspector supervisor has noted that flooding has occurred on the east and west side of Redlands Boulevard between Encelia Avenue and Dracaea Avenue during significant rain events, with the flooding on the eastern side of Redlands Boulevard spilling over to the west side of the street. For instance, under significant rain events (i.e., major storm events), at the 42” storm drain headwall, stormwater tends to back up and eventually flows over to the other side of Redlands Boulevard as fast-moving sheet flow which may create dangerous driving conditions and a risk of property damage. Additionally, it is common for manhole lids downstream from the 42” headwall at Dracaea Avenue to pop open when the 42” pipe backs up due to the velocity and the volume of water that flows through the subject storm drainpipe during major storm events.

Community Benefits Offered by Applicant
In addition to the CEQA-related Mitigation Measures and the Conditions of Approval related to the requested entitlements, the Applicant has offered numerous “Community Benefits,” as set forth in a letter from the Applicant, dated December 1, 2021, which is attached to the attached Resolution Accepting Community Benefits and Approving Park Agreement, that fall beyond the City’s legal authority to approve as CEQA-related Mitigation Measures or as the Conditions of Approval related to the requested entitlements, with the exception of the Storm Drain Condition described above. In other words, since the Community Benefits being offered by the Applicant lack sufficient nexus to the potential impacts of the Proposed Project, the City lacks the legal authority to unilaterally imposed the Community Benefits as bona fide Mitigation Measures or Conditions of Approval. Notwithstanding the above, the Applicant has agreed that the Community Benefits be memorialized as enforceable conditions of approval. As such, since these conditions or approval will be incorporated into the Proposed Project's approval, the City will be able to use code and permit enforcement procedures to ensure the implementation of each of the Community Benefits offered by the Applicant.

The Community Benefits offered by the Applicant include providing up to $204,000 to fund and administer several electric vehicle grant programs, which will include funding for Heavy Duty Electric Trucks, Medium Duty Electric Trucks, Local Delivery Electric Vehicles and Electric Passenger Vehicles. The Developer shall be responsible for establishing, funding, and administering each of the grant programs and provide a hyperlink to each grant program that the City may post on the City’s official website for interested parties to access information about the programs. In addition, the Applicant has offered to provide $113,000 to fund a Solar Advocacy Fund, Residential Air Filtration Reimbursement Program, Residential Noise Insulation Reimbursement Program, and Residential Exterior Pressure Washing Reimbursement Program, in addition to installing additional onsite EV charging stations and at least one APU plug-in for every 35 dock doors at multiple locations within the Project Site where trucks are proposed to park. Moreover, only electrical appliances shall be used in building office areas, and the use of portable or stationary diesel-powered generators shall be prohibited unless necessary due to emergency situations or constrained supply. Also, all construction equipment shall meet or be cleaner than Tier 4 standards, except if the F.1
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general contractor overseeing the Proposed Project’s construction certifies that it is not feasible to use exclusively Tier 4 equipment due to limited availability. In all events, at least 80% of all construction equipment shall meet or be cleaner than Tier 4 standards throughout the construction phase of the Proposed Project.

In addition to the above-referenced Community Benefits, the Applicant has offered to develop and construct an 18-acre park facility, accommodating two full-size size fully lighted soccer fields, a fully lighted baseball field, a snack bar/concession, public restrooms, a walking path, playground, exercise equipment, landscaping and related parking, as more particularly described in the Community Park Acquisition and Improvement Agreement, which is attached to the attached Resolution Accepting Community Benefits and Approving Park Agreement. Incidentally, the lighting installed by the Applicant will be for general illumination and night security purposes. The facility will be connected to all public utility services and all off-site public and private improvements shall be installed by the Applicant without any financial assistance or labor, equipment or materials provided by the City of Moreno Valley. Furthermore, fee title to the land for the facility shall be acquired by the Applicant without any financial assistance from the City of Moreno Valley. Fee title to the facility’s real property and all improvements, free of any liens, mortgages non-public utility easements, or any other encumbrances, will be donated to the City of Moreno Valley.

In addition to the above, the Applicant has offered to make a $500,000 cash contribution to the Moreno Valley Community Foundation before a final Certificate of Occupancy is issued for any building or structure on the Project Site. (See attached letter from the Applicant, dated December 1, 2020, in which the $500,000 donation is offered to the Foundation.)The specific purpose of the Moreno Valley Community Foundation, as described in its Bylaws, are as follows: 1) to lessen the burdens of government by aiding and assisting in the implementation, improvement, and maintenance of public services that preserve and promote the health and welfare and education of local citizenry of the City of Moreno Valley; 2) to form unincorporated divisions responsible for the furtherance of one or more of such public services as deemed appropriate by the Board of Directors of the Foundation; and 3) to receive, invest, and utilize funds and property acquired through the solicitation of contributions, donations, grants, gifts, bequests and the like for the purposes for which the Foundation was formed.

Furthermore, all assets of the Foundation must be irrevocably dedicated to public and educational purposes for the benefit of the City and the residents and absolutely no part of the net income or assets of the Foundation shall ever inure to the benefit of any director, officer, or member thereof, or to the benefit of any private persons.

Again, all of the Community Benefits referenced above (excepting the storm drain condition described above), the contribution to the Moreno Valley Community Foundation, and the development of the Community Park are neither CEQA-related mitigation measures nor conditions of approval that the City has the legal authority to unilaterally impose on the Applicant or the Proposed Project, due to the lack of the requisite nexus that is otherwise required in order to unilaterally impose as environmental mitigation measures or conditions of approval on an applicant or a proposed development project that requires discretionary approval. Notwithstanding the above, the Applicant has agreed that everything being offered by the Applicant be F.1
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memorialized as enforceable conditions which means the City will be able to use code and permit enforcement procedures to ensure implementation.

Preparation of EIR
The Draft EIR and associated environmental documents for the Proposed Project were prepared by a third-party environmental consultant, T&B Planning, Inc. In practice, Lead Agencies commonly either retain a consultant to prepare the EIR or accept an EIR prepared by the applicant or its consultant rather than have City staff prepare the EIR.

CEQA authorizes a Lead Agency to enter into a contract for the preparation of an EIR, and the CEQA Guidelines permit agencies to accept EIRs prepared by project applicants or their consultants. (See CEQA section 21082.1(a)) and CEQA Guideline section 15084(d)(3).)
However, under CEQA, whatever method of preparation the Lead Agency uses, it must independently review and analyze the Draft EIR, and circulate a Draft EIR that reflects its independent judgment. (See CEQA section 21082.1 (c)(1)-(2) and CEQA Guidelines section 15084 (e).) In other words, the Lead Agency cannot avoid its legal obligation to independently review and evaluate the EIR by contracting with a consultant to prepare the EIR.

In light of the foregoing, staff independently analyzed the Draft EIR and all related documents, including but not limited to Preliminary WQMP, Hydrology Report, Noise Impact Analysis, and Traffic Impact Analysis. Relevant environmental documents were reviewed by various Departments and Divisions of the City, including without limitation, Planning, Public Works, Engineering and Fire, and the City Attorney’s Office.

Draft EIR Public Comments & Responses to Comments
Fifteen public written comment letters were received during the 45-day public review period. Some of the written comments expressed concern regarding potential impacts to air quality, noise, traffic, and aesthetics, while others acknowledged the Proposed Project without providing specific comments addressing potential environmental impacts of the Proposed Project.

Per CEQA and the CEQA Guidelines, the Lead Agency must evaluate comments on the Draft EIR that were received during the public review period and must include written responses to comments in the Final EIR. (See CEQA section 21091(d) and CEQA Guidelines section 15088(a).) However, the Lead Agency is only required to provide responses regarding the disposition of any "significant environmental issues" raised by commentators. (See CEQA section 21091(d)(2)(B) and CEQA Guidelines sections 15088(c), 15132(d), and 15204(a).) In other words, the Lead Agency is not required to respond to those comments that do not address environmental issues. The Lead Agency's responses to comments may be incorporated as revisions to the Draft EIR or included in a separate section in the Final EIR. (See CEQA Guidelines section 15088(d).) In either case, they must appear in the final EIR, which must include the draft EIR, with any revisions or comments on the draft EIR either verbatim or in summary, and the Lead Agency's responses to comments on significant environmental issues.

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(See CEQA Guidelines section 15132.)
Lead Agencies must respond to comments received during the public comment period. (See CEQA Guidelines section 15088(a).) CEQA, however, does not require that the Lead Agency respond to late comments. (See CEQA section 21091(d)(1); see also Residents Against Specific Plan 380 v County of Riverside (2017) 9 CA5th 941 and Gilroy Citizens for Responsible Planning v City of Gilroy (2006) 140 CA4th 911.).

Further, the Lead Agency need not hold open the review process to prepare responses to late comments. (See CEQA section 15207; see also City of Poway v City of San Diego (1984) 155 CA3d 1037.) Given that there is no legal duty to respond to late comments, the claimed inadequacy of responses to late comments cannot be a basis for challenging the legal adequacy of an EIR. (See Gray v County of Madera (2008) 167 CA4th 1099.)
In light of the foregoing, the environmental consultant, Planning staff, Public Works and Engineering staff, and the City Attorney’s Office prepared responses to the written comments the City received within the 45-day public review period and those written responses are included in the Final EIR. However, any written comments received after the close of the 45-day public review period were not included in the Final EIR, nor are any responses thereto (if any) been included in the Final EIR.

Point-by-point responses to the individual comments, which addressed potential or alleged environmental impacts of the Proposed Project were prepared with some responses to certain comments consisting of cross-references to responses to similar or related issues. (See CEQA section 21082.1.)
The purpose of staff’s participation in preparing said responses is to ensure that the City, as Lead Agency, independently review and analyze them so that the responses to comments and the Final EIR as a whole reflects the City’s independent judgment. (See CEQA section 21082.1(c).)
Mitigation Measures and Mitigation Monitoring & Reporting Program Mitigation measures are proposed to reduce the level of potential environmental impacts of the Proposed Project. In the responses to comments, numerous mitigation measures are referenced when such references are related to the potential impact described in the respective comment. Furthermore, the mitigation measures have been incorporated in the proposed Mitigation Reporting and Monitoring Program, that is included as part of the Final EIR, although the Program does not have to be included in the EIR. (See Christward Ministry v County of San Diego (1993) 13 CA4th 31.) The purpose of the Mitigation Reporting and Monitoring Program is to ensure that Proposed Project’s mitigation measures shall be enforceable through permit conditions, agreements, or other mechanisms. (See CEQA Guidelines section 5126.4(a)(2).) Moreover, because mitigation measures will be incorporated into the Proposed Project's approval, the City will be able to use code and permit enforcement procedures to ensure the implementation of each of the Proposed Project’s mitigation measures. (See CEQA Guidelines section 15126.4.)
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Statement of Overriding Considerations
Although the Mitigation Measures are recommended to reduce the level of the potential environmental impacts of the Proposed Project, after the application of all feasible mitigation measures, staff has determined that the Proposed Project would result in a few significant and unavoidable environmental effects. The following significant and unavoidable environmental impacts have been identified in the Final EIR and will require mitigation but cannot be mitigated to a level of insignificance: 1) Aesthetics:

Substantial Adverse Effect on a Scenic Vista; 2) Air Quality: Air Quality Management Plan Conflict; 3) Air Quality: Criteria Pollutant Emissions; and 4) Greenhouse Gas Emissions: GHG Emissions Generation. Details of these significant unavoidable adverse impacts are discussed in the Final EIR and are summarized, or were otherwise provided in Section 5.3, Environmental Effects Which Remain Significant and Unavoidable After Mitigation and Findings, in the Statement of Facts and Findings.

Notwithstanding the above, when the Lead Agency approves a project with significant environmental effects that will not be avoided or substantially lessened, it must adopt a statement disclosing that because of the project's overriding benefits, it is approving the project despite its environmental harm. (See CEQA Guidelines section 15043.) The Lead Agency must set forth the reasons for its action, based on the final EIR or other information in the record. (See CEQA section 21081(b) and CEQA Guidelines section 15093(a).) This requirement reflects the statutory policy that public agencies must weigh a proposed project's benefits against its unavoidable environmental risks and may find the adverse impacts "acceptable" if the benefits outweigh those effects. (See CEQA section 21081(b) and CEQA Guidelines section 15093(a); see also Cherry Valley Pass Acres & Neighbors v City of Beaumont (2010) 190 CA4th 316, Sierra Club v Contra Costa County (1992) 10 CA4th 1212 and San Francisco Ecology Ctr. v City & County of San Francisco (1975) 48 CA3d 584.) In other words, a statement of overriding considerations expresses the "larger, more general reasons for approving the project, such as the need to create new jobs, provide housing, generate taxes, and the like." (See Concerned Citizens of S. Cent. L.A. v Los Angeles Unified Sch. Dist. (1994) 24 CA4th 826.)
In light of the foregoing, staff recommends that based on balancing the benefits of the Proposed Project against the unavoidable effects which remain, the City Council should find that any one of the following benefits standing alone would be sufficient to sustain the Statement of Overriding Considerations.

1. Approval of the Proposed Project will create maximum employmentgenerating opportunities for citizens of Moreno Valley and surrounding communities.

Development and construction of the site will create both temporary on-site jobs as well as indirectly support local and regional jobs. Additionally, construction spending will create a one-time stimulus to the local and regional economics.

2. Approval of the Proposed Project will create a Class A speculative light industrial building in Moreno Valley that is designed to meet contemporary industry standards and be economically competitive with similar industrial buildings in the local area and region.

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3. Approval of the Proposed Project will contribute towards maximizing employment opportunities within the City to improve the jobs-housing balance and to reduce systemic unemployment within the City. The Proposed Project will attract businesses that can expedite the delivery of essential goods to consumers and businesses in Moreno Valley and beyond the City boundary.

4. Approval of the Proposed Project will create approximately 1,000 new onsite jobs under the warehouse distribution/logistics option and 2,000 new on-site jobs under the e-commerce/fulfillment option.

5. Approval of the Proposed Project will result in the development and operation of a state‐of‐the‐art logistics center that takes advantage of existing and planned infrastructure, is technologically feasible to construct, and in the general vicinity of similar industrial logistics and distribution center uses.

6. Approval of the Proposed Project will maximize efficient goods movement throughout the region by locating a large format logistics center in close proximity to the Ports of Los Angeles and Long Beach, thereby enabling trucks servicing the site to achieve a minimum of two roundtrips per day.

7. Approval of the Proposed Project will maximize the use of a large industrial site in the region that is in close proximity to the Ports of Los Angeles and Long Beach, to realize substantial unmet demand in the region, allowing the region to compete on a domestic and international scale through the efficient and cost‐effective movement of goods.

8. Approval of the Proposed Project will facilitate the development of longstanding underutilized and vacant land.

Recirculation of Draft EIR Not Required
The Proposed Revisions will NOT: 1) result in new significant environmental impacts that were not disclosed in the Draft EIR; nor 2) result in significant impacts that are more severe than the impacts that were disclosed in the Draft EIR. This conclusion is supported by the various findings and determinations articulated in the recently prepared and updated technical studies, reports, and evaluations, attached to this Staff Report, which include but not limited to the following: 1) Revised Project Evaluation; 2) Air Quality, Greenhouse Gas, and Health Risk Assessment Evaluations; 3) Traffic Impact Analysis Evaluations; 4) Noise Summaries; and 5) Hydrology Calculations.

Accordingly, there are no changes needed to the analysis or mitigation measures contained in the Draft EIR; consequently, recirculation of the Draft EIR is not warranted according to the guidance set forth under CEQA and the CEQA Guidelines as referenced below. Furthermore, no changes are needed to the analyses or mitigation measures contained in the Final EIR that is under consideration by the City Council.

The Proposed Revisions, which are characterized as a “Comprehensive Project Redesign of the Proposed Project” (rather than mitigation) include a variety of changes to the Proposed Project through project redesign that are intended specifically to reduce F.1
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the impacts of the Proposed Project as originally described in the Draft EIR. The Proposed Revisions will effectively benefit the neighboring residents, through reducing noise, traffic, and air quality impacts on neighbors by: 1) reducing building size by 65,000+ square feet; 2) eliminating driveways on Encelia Avenue which will remove 650 daily vehicles on Encelia Avenue; 3) eliminating truck traffic on Redlands Boulevard, south of Eucalyptus Avenue; 4) improving visual and noise screening prior to trees reaching full size; 5) eliminating 11 dock doors from the Proposed Project’s design; and 6) adding a new approximately 35 foot-tall earthen berm on the southern side of the Project Site. The new onsite circulation will also direct trucks to access the Project Site from Eucalyptus Avenue only; as such, no trucks from the Project Site will travel on Redlands Boulevard, south of Eucalyptus Avenue as was originally proposed. Also, by designating the northern driveway on Redland Boulevard to “Automobile-Only,” traffic traveling southbound toward Encelia Avenue will be reduced by 35% of what was originally proposed in the Draft EIR.

The addition of the approximately 35-foot berm to the southern portion of the Project Site will also result in major changes that will significantly lessen the Proposed Project’s aesthetic impacts since: 1) it will completely block views of both the existing warehouses north of Eucalyptus Avenue and the Proposed Project from the adjacent neighborhood; 2) it will be landscaped with 24-inch box trees consisting of Blue Palo Verde, Desert Willow, California Sycamore, Coast Live Oak, Afghan Pine, and Canary Island Pine; and 3) only landscaping will then be visible from Encelia Avenue since the screen wall will be behind the berm. The berm will also lessen the anticipated noise impacts, as originally described in the Draft EIR, in that: 1) the berm will drastically reduce sound below levels in prior design by reducing the noise level by an additional 26% from what was originally projected in the Draft EIR; 2) the berm will reduce the estimated project noise levels to 35.5 decibels (equivalent to “Quiet Suburban Nighttime or Quiet Urban Nighttime”) at the Encelia residential neighborhood, which is significantly lower than the ambient noise levels of 41.7 decibels (dBA Leq) that exist today within the neighborhood; and 3) the berm will serve as a noise canceling mitigation measure related to ambient noise caused by back-up alarms mandated by OSHA and local regulations.

Normally, an EIR is circulated for one round of review and comment by the public and by public agencies. In some instances, however, an EIR must be recirculated for additional public comment, if significant new information is added to the EIR after the expiration of the public comment period but before certification. (See Public Resources Code §21092.1; 14 Cal Code Regs §15088.5.) However, recirculation is required only when the information added to the EIR changes the EIR in a way that deprives the public of a meaningful opportunity to comment on either a substantial adverse environmental impact of the project or a feasible project alternative or mitigation measure that would clearly reduce the impact and that is not going to be implemented.

A decision not to recirculate will be upheld if it is supported by substantial evidence in the administrative record. (See 14 Cal Code Regs §15088.5(e); Laurel Heights Improvement Ass'n v Regents of Univ. of Cal. (1993) 6 C4th 1112; California Oak Found. v Regents of Univ. of Cal. (2010) 188 CA4th 227, 266.) Under CEQA, “substantial evidence" means "enough relevant information and reasonable inferences F.1
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from this information that a fair argument can be made to support a conclusion, even though other conclusions might also be reached." (See 14 Cal Code Regs §15384(a) and Laurel Heights Improvement Ass'n v Regents of Univ. of Cal. (1988) 47 C3d 376, 393.) Substantial evidence includes facts, reasonable assumptions based on facts, and expert opinion supported by facts. Substantial evidence does not include argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, evidence that is not credible, or evidence of economic or social impacts that do not contribute to or are not caused by physical environmental impacts. (See Pub Res C §§21080(e), 21082.2(c); and 14 Cal Code Regs §§15064(f)(5)-(6), 15384.) Moreover, under the substantial evidence test, a reviewing court may not reweigh the evidence, as it would if it were to apply the independent judgment test. A reviewing court is limited to determining whether the record contains relevant information that a reasonable mind might accept as sufficient to support the conclusion reached. All reasonable doubts must be resolved in favor of the agency's determination, and the court may not set aside the agency's decision even if the opposite conclusion is more reasonable. (See Western States Petroleum Ass'n v Superior Court (1995) 9 C4th 559, 572; Laurel Heights Improvement Ass'n v Regents of Univ. of Cal., supra; San Diego Citizenry Group v County of San Diego (2013) 219 CA4th 1; Sierra Club v County of Napa (2004) 121 CA4th 1490, 1497; Defend the Bay v City of Irvine (2004) 119 CA4th 1261, 1267; Mira Mar Mobile Community v City of Oceanside (2004) 119 CA4th 477; Association of Irritated Residents v County of Madera (2003) 107 CA4th 1383, 1390; and Placer Ranch Partners v County of Placer (2001) 91 CA4th 1336, 1341.) Finally, a lead agency's factual determinations are given substantial deference and are presumed correct; the challenger bears the burden of proving the contrary. (See State Water Resources Control Bd. Cases (2006) 136 CA4th 674, 723; Sierra Club v County of Napa (2004) 121 CA4th 1490, 1497; San Franciscans Upholding the Downtown Plan v City & County of San Francisco (2002) 102 CA4th 656, 674; Save Our Peninsula Comm. v Monterey County Bd. of Supervisors (2001) 87 CA4th 99, 117; Barthelemy v Chino Basin Mun. Water Dist. (1995) 38 CA4th 1609, 1617; and Al Larson Boat Shop, Inc. v Board of Harbor Comm'rs (1993) 18 CA4th 729, 740.) In light of the fact that all of the Proposed Revisions are directly related to the specific issues raised by the Planning Commission in its denial of the Proposed Project and input received from members of the public and the City Council at the December 7, 2021, public hearing, each of the Proposed Revisions were designed and intended to lessen the anticipated impacts of the Proposed Project from the levels initially identified in the Draft EIR. This has been accomplished through project-redesign, versus additional or modified mitigation measures. As such, none of the Proposed Revisions should trigger recirculation since they do not deprive the public of a meaningful opportunity to comment on either a substantial adverse environmental impact of the Proposed Project or a feasible project alternative or any mitigation measures that would clearly reduce the impact and that is not going to be implemented. In summary, in light the evidence set forth in this staff report and in the administrative record of these proceedings, there is substantial evidence in the record to support the determination that recirculation is unnecessary.

ALTERNATIVES
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1. Conduct the public hearing regarding the Proposed Project and adopt Staff’s recommendation to certify the Final Environmental Impact Report and approve the Proposed Project. Staff recommends this alternative as the applicant has made numerous revisions to the Proposed Project that address concerns of land use compatibility and reduces project environmental impacts beyond those analyzed in the Environmental Impact Report.

2. Conduct the public hearing regarding the Proposed Project, and do not certify the Final Environmental Impact Report and deny the Proposed Project. Staff does not recommend this alternative.

FISCAL IMPACT
If the Proposed Project is approved, the City will receive the donation of a Community Park which is valued in the millions of dollars for the land and improvements alone.

ADMINISTRATIVE RECORD
All documents that are part of the Administrative record and/or referenced in the list of “Attachments” have been made available for public review and inspection on the City’s website at www.moval.org.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Gabriel Diaz Manuel A. Mancha
Associate Planner Community Development Director
Concurred By:

Sean P. Kelleher
Planning Official

Public Facilities and Capital Projects. Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.

Positive Environment. Create a positive environment for the development of Moreno Valley's future.

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CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs
Objective 1.1: Proactively attract high-quality businesses.

Objective 1.2: Market all the opportunities for quality industrial development in Moreno Valley by promoting all high-profile industrial and business projects that set the City apart from others.

Objective 1.3: Promote local hiring through the expansion of local, quality, high paying jobs, and workforce development efforts.

Objective 1.5: Showcase Moreno Valley’s unique assets.

Objective 1.6: Establish Moreno Valley as the worldwide model in logistics development.

ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

2. Appeal Letter

3. Resolution - Final Environmental Impact Report EIR

4. Resolution - General Plan Amendment - Tentative Parcel Map - Plot Plan

5. Ordinance - Zone Change

6. Resolution - No Net Loss

7. Resolution - Accepting Community Benefits and Approving Park Agreement

8. Planning Commission October 28, 2022 Staff Report Without Attachments (All attachments may be obtained at
http://morenovalleyca.iqm2.com/Citizens/default.aspx)

9. Adopted Planning Commission Resolution No. 2021-41 General Plan Amendment F.1
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10.Draft Planning Commission Minutes of October 28, 2021

11.Moreno Valley Trade Center - Revised Project Evaluation

12.Preliminary Hydrology Report (High Cube) for Moreno Valley Trade Center - Revised Project Evaluation

13.Preliminary Hydrology Report (E-Commerce) for Moreno Valley Trade Center - Revised Project Evaluation

14.Trip Generation Comparison Memorandum for Moreno Valley Trade Center - Revised Project Evaluation

15.Traffic Memorandums (Warehouse and E-Commerce) for Moreno Valley Trade Center - Revised Project Evaluation

16.Air Quality, Greenhouse Gas, and Health Risk Assessment Evaluation (Warehouse) for Moreno Valley Trade Center - Revised Project Evaluation

17.Air Quality, Greenhouse Gas, and Health Risk Assessment Evaluation (ECommerce) for Moreno Valley Trade Center - Revised Project Evaluation

18.Warehouse Noise Summary for Moreno Valley Trade Center - Revised Project Evaluation

19.Hillwood Letter Moreno Valley Community Foundation

20.Site, Elevation, and Landscape Plans

21.Preliminary Grading Plan

22.Tentative Parcel Map 37836

23.Project Public Comments Planning Commission October 28, 2021

24.Project Public Comments City Council December 7, 2021

25.Public Hearing Comments City Council June 21, 2022

APPROVALS
Budget Officer Approval ✓ Approved . 6/14/22 8:33 AM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/14/22 9:58 AM
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SAN BERNARDINO 550 East Hospitality Lane, Suite 300  San Bernardino, California 92408 SAN DIEGO 401 West A Street, Suite 925  San Diego, California 92101 GreshamSavage.com
H748-023 -- 4200512.1
[email protected] ∙ San Bernardino Office (909) 890‐4499 ∙ fax (909) 890‐9877
November 10, 2021
VIA E‐MAIL ‐ [email protected]

AND HAND DELIVERED
Honorable Mayor and Members of the City Council
c/o Manuel A. Mancha, Community Development Director
City of Moreno Valley
14177 Frederick Street
Moreno Valley, CA 92553
Re: Notice of Appeal of October 28, 2021, Planning Commission Denial of General Plan Amendment PEN19-0191 (Mun. Code, §§ 9.02.040.E; 9.02.240) Honorable Mayor and Members of the City Council:

This firm represents MVTC, LLC (“MVTC”) in connection with its application for the above‐referenced General Plan Amendment (PEN19‐0191) (“GPA”) and associated entitlements for the proposed Moreno Valley Trade Center project (“Project”). The Project is situated on eleven parcels totaling approximately 80.04 acres located south of Eucalyptus Avenue, north of Encelia Avenue, east of Quincy Street, and west of Redlands Boulevard (“Site”) in the City of Moreno Valley (“City”). In addition to the GPA, which proposes to change the land use designation for the Site from Residential 2 (R2) to Business Park (BP), the Project entitlements include: (i) Change of Zone (PEN19‐0192) to rezone the Project Site from Residential Agriculture 2 (RA2) to Light Industrial (LI) and to remove the Project Site’s “Primary Animal Keeping Overlay (PAKO)” overlay classification; (ii) Tentative Parcel Map No. 37836 (PEN19‐0234) to merge the existing 11 parcels into a single parcel; and (iii) Plot Plan (PEN19‐0193) to construct an approximately 1,328,853 square foot warehouse/distribution building on the Site (collectively, the “Entitlements”).

On October 28, 2021, the Planning Commission voted 4‐0, with Commission Cobian abstaining, to deny the GPA on the grounds that the Project was (i) inconsistent with the City’s current 2040 General Plan and (ii) would result in significant environmental impacts to the surrounding community. As outlined more fully below, the Planning Commission’s denial of the GPA, and the findings supporting that denial, are inadequate and insufficient to justify the Planning Commission’s actions.

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City of Moreno Valley
November 10, 2021

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We respectfully request that this correspondence be included as part of the administrative record for this matter. We further request that the City Council hearing regarding the collective Project entitlements be scheduled together with the appeal hearing regarding the GPA. Given the recent election and uncertainty with the composition of the City Council, we also further request that the public hearing be scheduled for a date not earlier than the date of the second regular City Council meeting following the City Council meeting at which the newly elected Councilmember is officially seated. Finally, enclosed with this letter is a check in the amount of $750.00, as payment of the appeal processing fee for this matter.

In accordance with Municipal Code Sections 9.02.040.E and 9.02.240, MVTC respectfully submits this appeal of the Planning Commission’s denial of the GPA for the following reasons:

The Planning Commission Erred in Finding That the GPA is Inconsistent with the 2040 General Plan
As noted above, the Project Site currently consists of 11 parcels (APN Nos. 488‐340‐002 through 012) totaling approximately 80.04 acres of land located south of Eucalyptus Avenue, north of Encelia Avenue, east of Quincy Street and west of Redlands Boulevard. Although the area located across Encelia Avenue to the south of the Project Site includes an existing neighborhood of single‐family homes,1 the properties located to the north, northwest, northeast and east of the Site consist of existing/operational and industrially zoned properties, including the ALDI Distribution Center and vacant parcels designated for commercial/light industrial development within the previously approved World Logistics Center Specific Plan. Thus, with the exception of a single residential neighborhood to the south, the Project Site is surrounded on virtually all sides by existing and planned commercial/industrial uses.

Based on the foregoing considerations, City Staff found that the GPA was consistent with the existing General Plan. Specifically, Staff concluded: “While the purpose of the two land use designations [R2 and Business Park (BP)] are different, the proposed General Plan Amendment, as requested by the Applicant, will be consistent with the Project Site’s adjacent parcels to the northwest, north, northeast, and east.” (Staff Report, p. 2 [emphasis added].) During the course of its discussion and deliberations, the Planning Commission failed to address or rebut Staff’s finding or otherwise acknowledge the Project’s consistency with the surrounding properties and land uses.

1 The vacant parcels located west of the Site across the Quincy Channel are also zoned for future residential use (Residential Agriculture 2 (RA2) and Residential 5 (R5)); however, the ultimate development plan for these parcels remains uncertain.

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City of Moreno Valley
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In finding that the GPA was inconsistent with the City’s 2040 General Plan, the Planning Commission did not (and could not) undermine Staff’s conclusion, which is supported by actual substantial evidence that is in the record. For that reason, the Planning Commission’s denial of the GPA based on the Project’s alleged General Plan inconsistency fails scrutiny and must be reversed.

Furthermore, the Planning Commission members devoted considerable time during the October 28 hearing questioning why the 2040 General Plan had designated the Site for residential uses when MVTC’s applications for the Entitlements were in process during the same approximately 2‐year period that the 2040 General Plan was pending.

First, as MVTC’s applications for the Entitlements were not finalized or acted upon by the City before approval of the 2040 General Plan, the City could not have affirmatively modified the land use plan for the 2040 General Plan to redesignate the Site as Business Park (BP). In addition, the previous designation for the Site under the 2006 General Plan was R2 residential. Therefore, contrary to statements made by the Planning Commission at the October 28 hearing, that the 2040 General Plan maintenance of the existing R2 land use designation was reflective of overwhelming community support for a long‐term residential land use for the Site, all that the 2040 General Plan actually did was maintain the status quo.2 Finally, an argument could be made that any application for an amendment to the 2040 General Plan is ipso facto inconsistent with the General Plan, because by its very nature the GPA seeks to modify, change or “amend” the 2040 General Plan itself. This logic would turn the entire General Plan amendment process on its head and render fatal any application for an amendment to the General Plan, regardless of the merits of the application. Thus, this finding standing alone is not valid or sufficient to justify denial of the GPA.

Based on the foregoing, the GPA and Project at large are wholly consistent with the 2040 General Plan. The Planning Commission’s findings to the contrary are not supported by substantial evidence (or any evidence for that matter) and should be rejected and reversed by the City Council.

2 This is further supported by the fact that only eight (8) individuals spoke out in opposition to the Project at the October 28 hearing and several of them appeared in their capacity as representatives of region‐wide environmental and political activist groups rather than as concerned community residents.

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The Planning Commission Prejudiced the Project by Making it a Symbol for All Industrial Development in the City
In addition to the above, the Planning Commission (particularly, Commissioners Sims and DeJohnette) made several statements regarding the volume of existing and proposed industrial warehouse projects in the City and questioned whether the City has become sufficiently “saturated” as to warrant putting an end to all industrial development in the City. These comments, which were reiterated several times by individual members of the Planning Commission, unfairly conflated the proposed Project and GPA with other previously approved projects and created an unfair bias among the Planning Commissioners regarding the Project. In other words, the Planning Commission’s consideration of the Project, and subsequent action on October 28 to deny the GPA, was based not solely on the merits of the Project itself and a response to specific fact‐based concerns with the MVTC Project; but, rather as a greater response (and rebuke) to industrial development in the City as a whole.3 The effect of this was to unfairly prejudice the Planning Commission’s consideration of the Project in violation of MVTC’s constitutional due process rights to a fair and unbiased hearing before neutral decisionmakers.

The Planning Commission Erred in Denying the GPA Based on the Alleged Environmental Impacts of the Project Because These Impacts Are Minor in Nature, Significantly Reduced by the Project’s Mitigation and Design Measures, and Substantially Outweighed by the Project’s Benefits
The Planning Commission’s second basis for denying the GPA was premised on the alleged significant environmental effects of the Project. The underlying rationale and findings made in support of this ground for denial cannot be reconciled with the Project’s environmental document (which the Commission freely acknowledged they had not read) or the extensive mitigation and design measures and community benefits of the Project. Therefore, denial of the GPA must be reversed.

As explained in detail in the Project Final Environmental Impact Report (“EIR”), which the Planning Commissioners freely acknowledged they had not read prior to the October 28 hearing,
4 the Project includes numerous mitigation measures that are designed to and

3 The Planning Commission, of course, failed to acknowledge that all industrial development projects that had been approved to date were considered, vetted and ultimately approved by the Commission itself. The irony of the situation was apparently lost on them. 4 The fact that the Planning Commission failed to take the time to review the Project’s environmental documents directly undermines the Commissioners’ determination that the potential environmental impacts of the Project justify denial of the GPA. The Planning Commission had no factual foundation upon which to base their findings regarding the F.1.a
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City of Moreno Valley
November 10, 2021

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will effectively reduce the level of potential environmental impacts of the Project.

However, after application of all feasible mitigation measures, the Project would nonetheless result in a “few” significant and unavoidable environmental effects that cannot be mitigated to a level of insignificance, including with respect to: (i) Aesthetics (adverse effect on a scenic vista); (ii) Air Quality; and (iii) Greenhouse Gas (GHG) Emissions. (Staff Report, p. 11 [emphasis added].)
In denying the GPA based on the alleged environmental impacts of the Project, the Planning Commission ignored and disregarded the multitude of mitigation measures that were identified in the Project EIR as means of reducing the Project’s anticipated environmental impacts. Although some of these impacts remain unavoidable, they are significantly less than would occur without implementation of the mitigation measures that will be imposed on the Project.

As noted by City Staff in the Staff Report, the extent to which the Project’s impacts exceed the applicable thresholds for a finding of significant and unavoidable impact are slim and the number of such unavoidable impacts in total are extremely minor when compared to the total scope of the Project and number of potential impact areas. (Staff Report, p. 11.) The reduced impacts are a direct result of the extensive mitigation measures and conditions of approval imposed on the Project, as well as the community benefits offered by MVTC in conjunction with the Project submittal.

In addition, as discussed in detail in the Staff Report, the California Environmental Quality Act (Pub. Resources Code, §§ 21000, et seq.) (“CEQA”) allows a local agency such as the City to weigh the Projectʹs benefits against its unavoidable environmental risks and in doing so find the adverse impacts “acceptable” if the benefits outweigh those effects, by adopting a statement of overriding considerations. (Pub. Resources Code, § 21081(b); CEQA Guidelines § 15093(a); see also Cherry Valley Pass Acres & Neighbors v City of Beaumont (2010) 190 Cal.App.4th 316, 356‐358. In other words, a statement of overriding considerations expresses the “larger, more general reasons for approving the project, such as the need to create new jobs, provide housing, generate taxes, and the like.” (Id., at p. 356 [internal citations omitted].) Here, City Staff expressly determined that, balancing the benefits of the Project against the minor unavoidable effects, the Planning Commission should recommend that the City Council find that any one of the Project benefits standing alone would be sufficient to sustain the Statement of Overriding Considerations proposed for the

Project’s potential environmental impacts. Contrary to the Planning Commission’s belief, the large size of a staff report and CEQA document for a proposed project does not justify a failure to review the materials or constitute substantial evidence supporting denial of the project.

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Project. The benefits of the Project, which are numerous and substantial, include the following:

1. Approval of the Project will create maximum employment‐generating opportunities for citizens of Moreno Valley and surrounding communities.

Development and construction of the site will create both temporary on‐site jobs as well as indirectly support local and regional jobs. Additionally, construction spending will create a one‐time stimulus to the local and regional economics.

2. Approval of the Project will create a Class A speculative light industrial building in Moreno Valley that is designed to meet contemporary industry standards and be economically competitive with similar industrial buildings in the local area and region.

3. Approval of the Project will contribute towards maximizing employment opportunities within the City to improve the jobs‐housing balance and to reduce systemic unemployment within the City. The Project will attract businesses that can expedite the delivery of essential goods to consumers and businesses in Moreno Valley and beyond the City boundary.

4. Approval of the Project will create approximately 1,000 new on‐site jobs under the warehouse distribution/logistics option and approximately 2,000 new on‐ site jobs under the e‐commerce/fulfillment option.

5. Approval of the Project will result in the development and operation of a state‐ of‐ the‐ art logistics center that takes advantage of existing and planned infrastructure, is technologically feasible to construct, and in the general vicinity of similar industrial logistics and distribution center uses.

6. Approval of the Project will maximize efficient goods movement throughout the region by locating a large format logistics center in close proximity to the Ports of Los Angeles and Long Beach thereby enabling trucks servicing the site to achieve a minimum of two roundtrips per day.

7. Approval of the Project will maximize the use of a large industrial site in the region that is in close proximity to the Ports of Los Angeles and Long Beach, to realize substantial unmet demand in the region, allowing the region to compete on a domestic and international scale through the efficient and cost‐ effective movement of goods.

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8. Approval of the Project will facilitate the development of long‐standing underutilized and vacant land.

The above‐described list of Project benefits does not include the extensive list of voluntary community benefits that MVTC has offered to provide to the City in conjunction with the Project. These additional Project benefits were not required either as mitigation measures or conditions of approval for the Project. These voluntary community benefits include, among others, the following:
 Contributing up to $204,000.00 to fund and administer an electric vehicle grant program, that will include funding for Heavy Duty Electric Trucks, Medium Duty Electric Trucks, and Local Delivery and Passenger Electric Vehicles.  Providing $113,000 to fund a Solar Advocacy Fund, Residential Air Filtration Reimbursement Program, Residential Noise Insulation Reimbursement Program and Residential Exterior Pressure Washing Reimbursement Program, in addition to installing additional onsite EV charging stations and at least one APU plug‐in for every 35 dock doors at multiple locations within the Project Site where trucks are proposed to park.
 Requiring that only electrical appliances be used in building office areas and that all construction equipment meet or be cleaner than Tier 4 standards, except in certain circumstances, and prohibiting the use of portable or stationary diesel‐powered generators unless necessary due to emergency situations or constrained supply.
 Construction of multi‐use trails around the east and west sides of the Project Site for use by local residents and the community.
 Providing enhanced landscaping, setbacks from residences and construction of noise mitigation walls to minimize the Project’s operational effect on the surrounding areas.

The Planning Commission’s denial of the GPA based on the Project’s alleged environmental impacts was made in a vacuum and without reference to the mitigation measures and community benefits that, individually and collectively, reduce or offset these impacts and ultimately provide greater community benefits to the City. Nor was there any factual or evidentiary foundation to support the Planning Commission’s findings of denial, as the Commissioners freely acknowledged not having read or reviewed the Project EIR or related materials. For these reasons, the Planning Commission’s denial of the Project based on its potential environmental impacts is F.1.a
Packet Pg. 1473 Attachment: Appeal Letter (5846 : Moreno Valley Trade Center/Park) F.1.a
Packet Pg. 1474 Attachment: Appeal Letter (5846 : Moreno Valley Trade Center/Park) F.1.a
Packet Pg. 1475 Attachment: Appeal Letter (5846 : Moreno Valley Trade Center/Park) 1 RESOLUTION NO. 2022-XX

A RESOLUTION OF THE MORENO VALLEY CITY COUNCIL

APPROVING AND ADOPTING A MITIGATION, MONITORING AND

REPORTING PROGRAM AND STATEMENT OF OVERRIDING

CONSIDERATIONS AND CERTIFYING THE FINAL ENVIRONMENTAL

IMPACT REPORT FOR THE MORENO VALLEY TRADE CENTER

PROJECT
(Assessor Parcel Nos. 488-340-002 through 488-340-012)
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California; and
WHEREAS, MVTC, LLC, a Delaware limited liability company (“Applicant”) is proposing the development of a 1,263,271 square foot, modern light industrial building to be used as a warehouse distribution/logistics center, or, in the alternative, as an e-commerce facility, commonly known as the Moreno Valley Trade Center (“Proposed Project”), which includes associated site improvements, such as but not limited to, drive aisles, landscaping, utility infrastructure, water quality basins, exterior lighting, walls/fencing, and signage, as more fully described in the Environmental Impact Report (EIR), a copy of which is incorporated herein by this reference as though set forth in full; and
WHEREAS, the Proposed Project is located on land situated on Eucalyptus Avenue, west of Redlands Boulevard, north of Encelia Avenue, and east of Quincy Channel (APN’S 488-340-002 through 488-340-012) (“Project Site”); and WHEREAS, the Proposed Project includes the following requested entitlements:
1) General Plan Amendment (PEN19-0191), 2) Change of Zone (PEN19-0192) and corresponding amendment to the City’s Zoning Atlas, 3) Tentative Parcel Map (PEN19-0234), and 4) Plot Plan (PEN19-0193); and
WHEREAS, the purpose of General Plan Amendment (PEN19-0191) is to change the Land Use Designation of the Project Site under the City of Moreno Valley General Plan Land Use Map from Residential 2 (R2) to Business Park (BP); and WHEREAS, the purpose of Change of Zone (PEN19-0192) is to rezone the Project Site from Residential Agriculture 2 District (RA2) to Light Industrial District (LI), and to remove the Project Site’s “Primary Animal Keeping Overlay (PAKO)” overlay classification; and
WHEREAS, the purpose of Tentative Parcel Map (PEN19-0234) is to merge the existing 11 parcels into a single parcel; and
WHEREAS, the purpose of Plot Plan (PEN19-0193) is to construct an approximately 1,263,271 square foot Warehouse/Distribution building on the Project F.1.b
Packet Pg. 1476 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 2 Site with associated parking, landscape improvements and off-site public improvements; and
WHEREAS, the Proposed Project was considered by the Planning Commission at a duly noticed public hearing conducted on October 28, 2021, and the Planning Commission voted 4-0 to deny the Proposed Project; and
WHEREAS, the Applicant appealed the Planning Commission’s decision as set forth in Appeal Application (PAA21-0001) and a duly noticed public hearing on the appeal was conducted by the City Council on December 7, 2021; and WHEREAS, at the public hearing held on December 7, 2021, the City Council did not rule on the appeal, but rather, after receiving public testimony unanimously voted to continue the public hearing regarding the Draft EIR and the Proposed Project to a date uncertain; and
WHEREAS, after taking into consideration several issues raised by the Planning Commission in its denial of the Proposed Project and input it received from members of the public and the City Council at the December 7, 2021, public hearing, the Applicant submitted various revisions (“Proposed Revisions”) to the Proposed Project that the Applicant represents are responsive to the various concerns raised by members of the public, the Planning Commission and the City Council; and WHEREAS, since none of the Proposed Revisions presented by the Applicant require any modifications or revisions to General Plan Amendment (PEN19-0191) and Change of Zone (PEN19-0192), as originally presented on October 28, 2021, at the Planning Commission public hearing and on December 7, 2021, City Council public hearing, the City Council is not required to refer the Proposed Project back to the Planning Commission for a recommendation prior to taking final action of the Proposed Project, as revised per the Proposed Revisions; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”) (Public Res. Code, § 2100 et seq.) and the CEQA Guidelines (14 CCR § 15000 et seq.), the City is the “lead agency” for the Proposed Project; and WHEREAS, the City as lead agency determined during the initial processing of the Proposed Project that it could have potentially significant effects on the environment, requiring the preparation of an Environmental Impact Report pursuant to CEQA in order to analyze all potential adverse environmental impacts of the Proposed Project; and
WHEREAS , the City issued a Notice of Preparation (“NOP”) of a Draft EIR on March 16, 2020, and circulated the NOP for a period of 30 days, pursuant to the CEQA Guidelines; and
WHEREAS, pursuant to CEQA Guidelines section 15082, the City solicited comments from potential responsible agencies, including details about the scope and F.1.b
Packet Pg. 1477 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 3 content of the environmental information related to each responsible agency’s respective area of statutory responsibility; and
WHEREAS, comment letters/emails were received by the City in response to the NOP, which assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR; and
WHEREAS, a public scoping meeting was also held on April 8, 2020, to familiarize the public with the Proposed Project and the environmental review process and to receive input as to the scope of the Draft EIR and issues of community concern; and
WHEREAS, pursuant to Public Resources Code section 210092, public notices announcing availability of the Draft EIR was mailed to interested parties, an advertisement was published in the Press Enterprise (a newspaper of general circulation in the City), and copies of the Draft EIR and its Technical Appendices were made available for public review and inspection at the locations identified in the public notices; and
WHEREAS, the Draft EIR circulated for review and comment by the public and other interested parties, agencies, and organizations on May 24, 2021, for a 45-day public review period, which commenced upon the filing of the Notice of Completion and Availability with the State Office of Planning and Research; and WHEREAS, during the 45-day public review period, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies and others pursuant to CEQA Guidelines section 15086; and WHEREAS, the City responded to all of the comments received by the City during the public review period; and
WHEREAS, the City prepared the Final EIR and, pursuant to Public Resources Code section 21092.5, the City provided copies of the Final EIR to all commenting persons and agencies; and
WHEREAS, the Final EIR sufficiently analyzes both the feasible mitigation measures necessary to avoid or substantially lessen the Proposed Project’s potential environmental impacts and a range of feasible alternatives capable of eliminating or reducing these effects in accordance with CEQA and the CEQA Guidelines; and WHEREAS, the Findings of Fact, attached hereto as Exhibit A, prepared for the Proposed Project conclude that the proposed mitigation measures, as set forth the Mitigation Monitoring and Reporting Program, attached hereto as Exhibit B, are feasible and constitute a binding set of obligations that will take full effect upon the City Council’s certification of the Final EIR; and
WHEREAS, the City Council, after considering and weighing the economic, planning, social, aesthetic, and environmental benefits of the Proposed Project against F.1.b
Packet Pg. 1478 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 4 the Proposed Project’s unavoidable adverse impacts, has determined that the benefits of the Proposed Project outweigh the potential unavoidable adverse impacts; and WHEREAS, pursuant to CEQA Guidelines Section 15093, the City prepared a Statement of Overriding Consideration, attached hereto as Exhibit C, that provides that any significant adverse effects of the Proposed Project are acceptable since the expected benefits of the Proposed Project outweigh Proposed Project’s unavoidable adverse environmental impacts; and
WHEREAS, the City has fulfilled its duties as lead agency pursuant to CEQA and the CEQA Guidelines and it has been determined by staff that the Final EIR is sufficiently detailed so that all of the potentially significant environmental effects of the Proposed Project have been adequately evaluated; and
WHEREAS, on June 21, 2022, the City Council conducted a duly noticed continued public hearing on the Proposed Project, as revised, and considered the Final EIR, the attached Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations; and
WHEREAS, the Final EIR reflects the independent judgment of the City Council and is deemed adequate for purposes of making decisions on the merits of the Project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals and Exhibits
That the foregoing Recitals and attached exhibits are true and correct and are hereby incorporated by this reference.

Section 2. Notice
That pursuant to Government Code section 66020(d)(1), notice is hereby given that the Proposed Project is subject to certain fees, dedications, reservations and other exactions as provided herein.

Section 3. Evidence
That the City Council has considered all of the evidence submitted into the administrative record for the Proposed Project, 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; (c) Applications for 1) General Plan Amendment (PEN19-0191), 2) Change of Zone (PEN19-0192) and corresponding amendment to the City’s Zoning Atlas, 3) Tentative Parcel Map (PEN19-0234), and 4) Plot Plan (PEN19- 0193) and all documents, records and references contained therein; F.1.b
Packet Pg. 1479 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 5 (d) Proposed Project’s Final Environmental Impact Report and related Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations, attached hereto respectively as Exhibits B and C; (e) Findings of Fact, as attached hereto as Exhibit A;
(f) Proposed conditions of approval for the Proposed Project; (g) Staff Reports prepared for the Planning Commission for its October 28, 2021 public hearing and the City Council for its December 7, 2021 public hearing;
(h) Staff Reports prepared for the City Council for the June 21, 2022 public hearing;
(i) Staff’s presentation at the December 7, 2021 and June 21, 2022 City Council public hearings;
(j) Testimony and/or comments from Applicant and its representatives during the December 7, 2021 and June 21, 2022 public hearings; and (k) Testimony and/or comments from all persons that was provided in written format or correspondence, at, or prior to, the December 7, 2021 and June 21, 2022 public hearings.

Section 4. Findings Regarding Recirculation
That based on the foregoing Recitals and the Evidence, and the additional related Findings set forth herein, the City Council makes the following findings with respect to the issue of Recirculation:
(a) That the Proposed Revisions, which are characterized as a “Comprehensive Project Redesign of the Proposed Project” (rather than mitigation) include a variety of changes to the Proposed Project that are intended specifically to reduce the impacts of the Proposed Project as originally described in the Draft EIR through project redesign; (b) That the various findings and determinations articulated in the recently prepared and updated technical studies, reports and evaluations, attached to the Staff Report, which include but not limited to the following: 1) Revised Project Evaluation; 2) Air Quality, Greenhouse Gas, and Health Risk Assessment Evaluations; 3) Traffic Impact Analysis Evaluations; 4) Noise Summaries; and 5) Hydrology Calculations, confirm that the Proposed Revisions do not: 1) result in new significant environmental impacts that were not disclosed in the Draft EIR; nor 2) result in significant impacts that are more severe than the impacts that were disclosed in the Draft EIR;
(c) That the Proposed Revisions will effectively benefit the neighboring residents, through reducing noise, traffic and air quality impacts on neighbors by: 1) reducing building size by 65,000+ square feet; 2) eliminating driveways on Encelia Avenue which will remove 650 daily vehicles on Encelia Avenue; 3) eliminating truck traffic on Redlands Boulevard, south of Eucalyptus Avenue; 4) improving visual and noise F.1.b
Packet Pg. 1480 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 6 screening prior to trees reaching full size; 5) eliminating 11 dock doors from the Proposed Project’s design; and 6) adding a new approximately 35 foot-tall earthen berm on the southern side of the Project Site; (d) That the revised onsite circulation will direct trucks to access the Project Site from Eucalyptus Avenue only which means that no trucks from the Project Site will travel on Redlands Boulevard, south of Eucalyptus Avenue as was originally proposed, and that by designating the northern driveway on Redland Boulevard to “Automobile-Only,” traffic traveling southbound toward Encelia Avenue, traffic will be reduced by 35% of what was originally proposed in the Draft EIR;
(e) That the addition of the approximately 35-foot berm to the southern portion of the Project Site will also result in major changes that will significantly lessen the Proposed Project’s aesthetic impacts since: 1) it will completely block views of both the existing warehouses north of Eucalyptus Avenue and the Proposed Project from the adjacent neighborhood; 2) it will be landscaped with 24-inch box trees consisting of Blue Palo Verde, Desert Willow, California Sycamore, Coast Live Oak, Afghan Pine, and Canary Island Pine; and 3) only landscaping will then be visible from Encelia Avenue since the screen wall will be behind the berm;
(f) That the berm will also lessen the anticipated noise impacts, as originally described in the Draft EIR, in that: 1) the berm will drastically reduce sound below levels in prior design by reducing the noise level by an additional 26% from what was originally projected in the Draft EIR; 2) the berm will reduce the estimated project noise levels to 35.5 decibels (equivalent to “Quiet Suburban Nighttime or Quiet Urban Nighttime”) at the Encelia residential neighborhood, which is significantly lower than the ambient noise levels of 41.7 decibels (dBA Leq) that exist today within the neighborhood; and 3) the berm will serve as a noise cancelling mitigation measure related to ambient noise caused by back-up alarms mandated by OSHA and local regulations;
(g) That there are no changes needed to the analysis or mitigation measures contained in the Final EIR; and
(h) That the public has not been deprived of a meaningful opportunity to comment on either a substantial adverse environmental impact of the project or a feasible project alternative or mitigation measure that would clearly reduce the impact and that is not going to be implemented.

Section 5. Findings Regarding Mitigation Measures and Mitigation Monitoring & Reporting Program
F.1.b
Packet Pg. 1481 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 7 That based on the foregoing Recitals and the Evidence, and the additional related Findings set forth herein, the City Council makes the following findings with respect to the Mitigation Measure and Mitigation Monitoring & Reporting Program:
(a) That the Proposed Project’s mitigation measures are proposed to reduce the level of potential environmental impacts of the Proposed Project; (b) That the mitigation measures have been incorporated in the proposed Mitigation Reporting and Monitoring Program, that is included as part of the Final EIR;
(c) That the purpose of the Mitigation Reporting and Monitoring Program is to ensure that Proposed Project’s mitigation measures shall be enforceable through permit conditions, agreements, or other mechanisms; and (d) That because mitigation measures are incorporated into the Proposed Project's approval, the City will be able to use code and permit enforcement procedures to ensure implementation of each of the Proposed Project’s mitigation measures.

Section 6. Findings Regarding Statement of Overriding
Considerations
That based on the foregoing Recitals and the Evidence, and the additional related Findings set forth herein, the City Council makes the following findings with respect to the Statement of Overriding Considerations:
(a) That although the Mitigation Measures are recommended to reduce the level of the potential environmental impacts of the Proposed Project, after the application of all feasible mitigation measures, that the Proposed Project would result in a few significant and unavoidable environmental effects;
(b) That the following significant and unavoidable environmental impacts have been identified in the Final EIR and will require mitigation but cannot be mitigated to a level of insignificance: 1) Aesthetics: Substantial Adverse Effect on a Scenic Vista; 2) Air Quality: Air Quality Management Plan Conflict; 3) Air Quality: Criteria Pollutant Emissions; and 4) Greenhouse Gas Emissions;
(c) That details of these significant unavoidable adverse impacts are discussed in the Final EIR and are summarized, or were otherwise provided in Section 5.3, Environmental Effects Which Remain Significant and Unavoidable After Mitigation and Findings, in the Statement of Facts and Findings, attached hereto as Exhibit A;
(d) That when balancing the benefits of the Proposed Project against the unavoidable effects which remain, the City Council finds that any one of F.1.b
Packet Pg. 1482 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 8 the following benefits standing alone would be sufficient to sustain the Statement of Overriding Considerations:
i. Approval of the Proposed Project will create maximum employment-generating opportunities for citizens of Moreno Valley and surrounding communities. Development and construction of the site will create both temporary on-site jobs as well as indirectly support local and regional jobs. Additionally, construction spending will create a one-time stimulus to the local and regional economics; ii. Approval of the Proposed Project will create a Class A speculative light industrial building in Moreno Valley that is designed to meet contemporary industry standards and be economically competitive with similar industrial buildings in the local area and region; iii. Approval of the Proposed Project will contribute towards maximizing employment opportunities within the City to improve the jobs-housing balance and to reduce systemic unemployment within the City. The Proposed Project will attract businesses that can expedite the delivery of essential goods to consumers and businesses in Moreno Valley and beyond the City boundary; iv. Approval of the Proposed Project will create approximately 1,000 new on-site jobs under the warehouse distribution/logistics option and 2,000 new on-site jobs under the e-commerce/fulfillment option;
v. Approval of the Proposed Project will result in the development and operation of a state‐of‐the‐art logistics center that takes advantage of existing and planned infrastructure, is technologically feasible to construct, and in the general vicinity of similar industrial logistics and distribution center uses;
vi. Approval of the Proposed Project will maximize efficient goods movement throughout the region by locating a large format logistics center in close proximity to the Ports of Los Angeles and Long Beach thereby enabling trucks servicing the site to achieve a minimum of two roundtrips per day;
vii. Approval of the Proposed Project will maximize the use of a large industrial site in the region that is in close proximity to the Ports of Los Angeles and Long Beach, to realize substantial unmet demand in the region, allowing the region to compete on a domestic and international scale through the efficient and cost‐effective movement of goods; and
F.1.b
Packet Pg. 1483 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 9 viii. Approval of the Proposed Project will facilitate the development of long-standing underutilized and vacant land.

Section 7. Findings Regarding Final Environmental Impact Report That based on the foregoing Recitals and the Evidence, and the additional related Findings set forth herein, the City Council makes the following findings with respect to the Final Environmental Impact Report:
(a) That pursuant to Public Resources Code section 21090.4 and CEQA Guidelines sections 15082 – 15083, the City solicited the views of responsible agencies and certain other public agencies regarding the scope and content of the Draft EIR via a Notice of Preparation of the Draft EIR;
(b) That pursuant to Public Resources Code sections 21080.4 and 21092.3, a copy of the Notice of Preparation also must be mailed to the State Office of Planning and Research and posted in the office of the Riverside County Clerk;
(c) That pursuant to CEQA Guidelines sections 15082(c) and 15083, the City held a scoping meeting to consult with responsible and trustee agencies, the public and other interested parties;
(d) That pursuant to Public Resources Code sections 21080.3.1 – 21080.3.2, the provided formal written notification to any tribe that has requested notice of projects within its traditionally and culturally affiliated area; (e) That the Draft EIR was prepared and circulated to the public and affected public agencies for review and comments for a 45-day pubic review period and the Final EIR, including the comments submitted and responses to those comments, was prepared;
(f) That pursuant to Public Resources Code section 21092(b)(1), a Notice of Completion was prepared and it included a description of how the draft EIR can be obtained in electronic format;
(g) That pursuant to Public Resources Code section 21091(d)(2) and CEQA Guidelines section 15088, written comments received during the public review period for the Draft EIR were responded to in writing; (h) That pursuant to Public Resources Code section 21091(d)(2)(B) and CEQA Guidelines section 15088, the responses to comments provided reasoned, good faith analyses regarding all significant environmental issues raised in the EIR comments;
(i) That pursuant to Public Resources Code section 21100 and CEQA Guidelines sections 15120-15132, the Final EIR accurately describes the F.1.b
Packet Pg. 1484 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 10 Proposed Project; identifies and analyzes each significant environmental impact expected to result from the Proposed Project; identifies mitigation measures to reduce those impacts to the extent feasible; evaluates a range of reasonable alternatives to the Proposed Project; and includes a statement indicating the reasons for determining that any effects on the environment are not significant and, thus, have not been discussed in detail;
(j) That pursuant to CEQA Guidelines section 15132, the Final EIR consists of the Draft EIR with any revisions made following its circulation for public review, the comments received on the Draft EIR, a list of persons and entities commenting on the Draft EIR, and the City’s responses to comments;
(k) That pursuant to CEQA Guidelines section 15090(a) the Final EIR was completed in compliance with CEQA and was reviewed and considered by the City Council before approval of the Proposed Project; and (l) That the Final EIR is complete and adequate; and
(m) That pursuant to Public Resources Code section 21082.1(c)(3) and CEQA Guidelines section 15090(a)(3), the Final EIR reflects the independent judgment of the City and City Council.

Section 8. Non-Recirculation Determination
That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings set forth herein, the City Council hereby determines that the Draft EIR was not subject to recirculation since there was no "significant new information" added to a Draft EIR after the expiration of the public comment period but before certification.

Section 9. Approval and Adoption of Mitigation Measures and Mitigation Monitoring & Reporting Program
That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings set forth herein, the City Council hereby approves and adopts the Mitigation Measures and Mitigation Monitoring & Reporting Program, attached hereto as Exhibit B.

Section 10. Approval and Adoption of Statement of Overriding Considerations
That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings set forth herein, the City Council hereby approves and adopts the Statement of Overriding Considerations, attached hereto as Exhibit C.

Section 11. Certification of Final Environmental Impact Report F.1.b
Packet Pg. 1485 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 11 That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings set forth herein, and approval and adoption of the Mitigation Measures and Mitigation Monitoring & Reporting Program, attached hereto as Exhibit B, and the Statement of Overriding Considerations, attached hereto as Exhibit C, the City Council hereby certifies the Final Environmental Impact Report, attached hereto as Exhibit D, which is complete and adequate and reflects the independent judgment of the City and City Council.

Section 12. Notice of Determination
That pursuant to CEQA Guidelines sections 15075 and 15094, staff shall file a Notice of Determination within 5 working days after approval of the Proposed Project which shall include: a brief description of the Proposed Project; the identity of the lead agency; the identity of any project applicant or, if different from the applicant, the identity of the person undertaking the project; and statements regarding whether the Proposed Project will result in a significant environmental impact, whether any mitigation measures were adopted, and whether a mitigation monitoring and reporting plan was adopted.

Section 13. 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 14. 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 15. Effective Date
That this Resolution shall take effect immediately upon the date of adoption.

Section 16. Certification
That the City Clerk shall certify to the passage of this Resolution.

F.1.b
Packet Pg. 1486 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 12 PASSED AND ADOPTED THIS 21st day of June, 2022.
___________________________________
Dr. Yxstian A. Gutierrez, Mayor
ATTEST:
___________________________________
Brian Mohan, Acting City Clerk
APPROVED AS TO FORM:
___________________________________
Steven B. Quintanilla, Interim City Attorney
F.1.b
Packet Pg. 1487 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park)

EXHIBIT A

STATEMENT OF FACTS AND FINDINGS
F.1.b
Packet Pg. 1488 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 1 1.0 STATEMENT OF FACTS AND FINDINGS

1.1 INTRODUCTION
The California Environmental Quality Act (“CEQA”) requires that a Lead Agency issue two sets of findings prior to approving a project that will generate a significant impact on the environment. The Statement of Facts and Findings is the first set of findings where the Lead Agency identifies the significant impacts, presents facts supporting those conclusions reached in the analysis, makes one or more findings supporting the conclusions reached in the analysis, makes one or more findings for each impact, and explains the reasoning behind the agency’s findings.

The following statement of facts and findings has been prepared in accordance with the CEQA and Public Resources Code Section 21081. CEQA Guidelines Section 15091(a) provides that:

No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding.

There are three possible finding categories available for the Statement of Facts and Findings pursuant to Section 1509(a) of the CEQA Guidelines.
(1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.

The Statement of Overriding Considerations is the second set of findings. Where a project will cause unavoidable significant impacts, the Lead Agency may still approve a project where its benefits outweigh the adverse impacts. Further, as provided in the Statement of Overriding Considerations, the Lead Agency sets forth specific reasoning by which benefits are balanced against effects, and approves the project.

Based upon its review of the Environmental Impact Report (“EIR”), the Lead Agency finds that the EIR is an adequate assessment of the potentially significant environmental impacts of the Project, represents the independent judgment of the City, and sets forth an adequate range of alternatives to this project.

F.1.b
Packet Pg. 1489 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 2 The Final EIR is composed of the following elements:
• The Moreno Valley Trade Center project Public Review Draft Environmental Impact Report State Clearinghouse No. 2020039038 (May 2021);
• Mitigation Monitoring and Reporting Program;
• Response to Comments; and
• Corrections and Changes from the Draft EIR to the Final EIR

2.0 PROJECT SUMMARY

2.1 DESCRIPTION OF PROJECT PROPOSED FOR APPROVAL
The Moreno Valley Trade Center project (“Project”) is located in the City of Moreno Valley (“City”), approximately 0.4-mile southwest of the Redlands Boulevard on/off ramp and approximately 0.9-mile southeast of the Moreno Beach Drive on/off-ramp to State Route 60 (SR-60) and approximately 7.3 miles east of Interstate 215 (I-215).

The Project would result in the construction and operation of a 1,328,853 square-foot, modern light industrial building that could be occupied by warehouse distribution/logistics or, in the alternative, an ecommerce/fulfillment uses on an approximately 72.5-net-acre property. The Project also includes associated site improvements, including drive aisles, landscaping, utility infrastructure, water quality basins, exterior lighting, walls/fencing, and signage. The principal discretionary actions requested by the Project Applicant to implement the Project include a General Plan Amendment (PEN19-0191), Change of Zone (PEN19-0192), Plot Plan (PEN19-0193), and Tentative Parcel Map (PEN19-0234).

2.2 PROJECT GOALS AND OBJECTIVES
The fundamental purpose and goal of the Project is to develop a modern light industrial building in the City in close proximity to the State highway system, to increase employment opportunities and improve the City’s economic competitiveness. The Project objectives include the following:
• To expand economic development, facilitate job creation, and increase the tax base for the City by establishing new industrial development adjacent to established and planned industrial areas;
• To attract employment-generating businesses to the City to reduce the need for members of the local workforce to commute outside the area for employment, thereby improving the jobshousing balance in the City. • To develop a Class A speculative light industrial building in the City that is designed to meet contemporary industry standards and be economically competitive with similar industrial buildings in the local area and region;
• To attract businesses that can expedite the delivery of essential goods to consumers and businesses in the City and beyond the City boundary;
F.1.b
Packet Pg. 1490 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 3 • To develop a project that has architectural design and operational characteristics that complement other existing and planned buildings in the immediate vicinity and minimize conflicts with other nearby land uses;
• To develop a light industrial building in close proximity to designated truck routes and the State highway system to avoid or shorten truck-trip lengths on other roadways; and • To develop a property that has access to available infrastructure, including roads and utilities.

3.0 ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION
The City of Moreno Valley (the “City”) has conducted an extensive review of this Project which included a Draft EIR and a Final EIR, including technical reports, along with a public review and comment period.

The following is a summary of the City’s environmental review of the Project:
• An Initial Study was prepared by the City to determine whether any aspects of the Project, either individually or cumulatively, may cause a significant adverse effect on the physical environment. The Initial Study indicated that the implementation of the Project would have the potential to result in significant environmental impacts under the following 14 environmental subject areas: Aesthetics, Air Quality, Biological Resources, Cultural Resources, Energy, Geology & Soils, Greenhouse Gas Emissions, Hazards & Hazardous Materials, Hydrology & Water Quality, Land Use & Planning, Noise, Transportation, Tribal Cultural Resources, and Utilities & Service Systems.
• Pursuant to the provisions of Section 15082 of the CEQA Guidelines, the City published a Notice of Preparation (“NOP”) and filed a copy with the California Office of Planning and Research State Clearinghouse to inform the general public, trustee and responsible agencies and other interested parties that an EIR would be prepared for this Project. The Initial Study and NOP were distributed for a 30-day public review period, which began on March 16, 2020. In addition, the City held a public-noticed EIR scoping meeting on April 8, 2020. Due to the COVID-19 State of Emergency, the City hosted the EIR scoping meeting via an internet-based video and phone conferencing service pursuant to Executive Order N-29-20. • The City circulated the Draft EIR for the Project from May 24, 2021 to July 8, 2021. Public notices announcing availability of the Draft EIR were mailed to interested parties and advertised through publication in the Press Enterprise (a newspaper of general circulation in the City). • The City received a total of 15 comment letters from responsible agencies and other interested parties. The City prepared responses to all written comments. The comments and responses are contained in Section F.0 of the Final EIR.
• In accordance with the provisions of the Public Resources Code Section 21092.5, the City of Moreno Valley has provided a written proposed response to each commenting public agency no less than 10 days prior to the proposed certification date of the Final EIR.

F.1.b
Packet Pg. 1491 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 4 4.0 INDEPENDENT JUDGMENT AND FINDING
The project applicant, Hillwood Investment (“Project Applicant”), retained the independent consulting firm of T&B Planning, Inc. (“T&B”) to prepare the EIR for the Moreno Valley Trade Center Project. T&B has prepared the EIR under the supervision, direction and review of the City. The City is the Lead Agency for the preparation of the EIR, as defined by CEQA CPRC Section 21067, as amended. The Moreno Valley City Council (“City Council”) has received and reviewed the EIR prior to certifying the EIR and prior to making any decision to approve or disapprove the Project. All findings set forth herein are based on substantial evidence in the record as indicated with respect to each specific finding.

FINDING:

The EIR for the Project reflects the City’s independent judgment. The City has exercised independent judgment in accordance with Public Resources Code Section 21082.1(c)(3) in retaining its own environmental consultant to review the EIR, and directing the consultant in preparation of the EIR. The City has independently reviewed and analyzed the EIR and accompanying studies and finds that the report reflects the independent judgment of the City.

The City Council has considered all the evidence presented in its consideration of the all the evidence presented in its consideration of the project and the EIR, including, but not limited to, the Final EIR and its supporting studies, written and oral evidence presented at hearings on the project, and written evidence submitted to the City by individuals, organizations, regulatory agencies, and other entities. On the basis of such evidence the City Council finds that with respect to each environmental impact identified in the review process (except those described in the following paragraph), the impact is: (1) less than significant and would not require mitigation; (2) potentially significant but would be avoided or reduced to less than a significant level by implementation of identified mitigation measures; or (3) would be significant and not fully mitigatable but would be, to the extent feasible, lessened by implementation of identified mitigation measures.

The EIR also identifies certain significant adverse environmental effects of the project which cannot be avoided or substantially lessened. Prior to approving this project the City Council also adopts a Statement of Overriding Considerations which finds, based on specific reasons and substantial evidence in the record (as specified in Section 6.0), that certain identified economic, social or other benefits of the project outweigh such unavoidable adverse environmental effects.

F.1.b
Packet Pg. 1492 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 5 5.0 ENVIRONMENTAL IMPACTS AND FINDINGS

5.1 EFFECTS DETERMINED TO BE LESS THAN SIGNIFICANT IN THE EIR The City Council hereby finds that the following potential environmental impacts of the Project are less-than-significant and therefore do not require the imposition of mitigation measures.

AESTHETICS
Threshold (b): Would the Project substantially damage scene resources, including, but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? The Project site is not located within or adjacent to a scenic highway corridor and there are no Statedesignated or eligible scenic highways within the vicinity of the Project site. Therefore, no impact to a State scenic highway would occur. (Draft EIR, p. 4.1-12.) A segment of State Route 60 that is located approximately 1,300 feet north of the Project site is identified in the City as a local scenic route. However, this segment does not contain a substantial scenic value because it already abuts two large commercial retail centers, several car dealerships, and four large warehouses. As such, development on the Project site would not substantially detract from the scenic qualities of State Route 60 any more than the existing commercial and industrial development that already abuts the freeway. Accordingly, implementation of the Project would not adversely affect the scenic qualities of State Route 60. (Draft EIR, p. 4.1-12.) Threshold (c): Will the Project in a non-urbanized area, substantially degrade the existing visual character or quality of public views of the site and its surroundings? The Project area is urbanized and meets the United States Census Bureau’s definition of urbanized area. (Draft EIR, p. 4.1-12.)
With the exception of short-term use of cranes during building construction and lifts during the architectural coating phase, the construction equipment used on the Project site is expected to low in height and not particularly visible to the surrounding area. Furthermore, Project-related construction activities will be temporary in nature and removed from the Project site immediately following completion. The Project will need comply with the applicable Moreno Valley Municipal Code regulations governing scenic quality. As such, Project-related changes to local visual character and quality are determined to be less than significant during temporary, short-term construction activities. (Draft EIR, pp. 4.1-12 – 4.1-13.)
Upon building of the Project, the visual character of the site will be converted from primarily undeveloped land with a plant nursery and associated structures to a developed property containing one light industrial building that will be occupied by warehouse distribution/logistics or fulfillment/ecommerce users. The Project’s visual features, such as the site layout, architecture, and landscaping, will be complementary with existing industrial land uses in the area. The Project’s architecture will incorporate a neutral color palette that will incorporate accent elements that provide visual interest.

F.1.b
Packet Pg. 1493 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 6 The Project’s landscape plan will incorporate low water need plant species that can maintain vibrancy during drought conditions.

The Project will be required to comply with the applicable zoning district’s development standards and design guidelines contained in the Moreno Valley zoning code, which regulates the visual quality of new development. The City has already reviewed the Project and determined that no component of the Project will conflict with the design regulations applicable to the zoning district. Because the Project site is located in an urbanized area and will not conflict with applicable regulations governing scenic quality, a less-than significant impact will occur. (Draft EIR, pp. 4.1-13 – 4.1-14.) Threshold (d): Will the Project create a new source of substantial light or glare which will adversely affect day or nighttime view in the area?
Implementation of the Project will introduce new lighting elements on-site to primarily illuminate the parking areas, truck docking areas, and building entrances. All lighting elements will need to comply with the lighting requirements set forth in the City’s Municipal Code. In addition, the majority of the Project’s building materials will consist of painted tilt-up concrete panels that will contain a matte finish.

The remaining areas will contain low-reflect blue glass, which will not adversely affect daytime views of surrounding properties or motorists along the adjacent roadways. Therefore, project-related development will not create substantial light or glare. Compliance with the City’s Municipal Code requirements for lighting will ensure less-than-significant impacts associated with light and glare affecting day or nighttime views in the area from on-site lighting elements. (Draft EIR, p. 4.1-14.) Cumulative Effects. The cumulative effects on scenic vistas from the Project will be less than significant as the Project site is not located within close proximity to any designated State scenic routes and does not contain any scenic resources. Development of the Project within the City will result in the cumulative conversation from open space to a more organized land use. However, the area surrounding the Project site is transitioning to an urbanized aesthetic containing industrial land uses. Mandatory compliance to applicable development regulations and design standards will ensure that developments will incorporate high quality building materials, site design, and landscaping to minimize the potential for adverse effects. Accordingly, any Project-related impacts will be less than cumulative. More lighting will be introduced into the area by the development of the Project. Cumulative lighting-related impacts will be reduced through the adherence to applicable City lighting standards. No cumulatively significant lighting impacts will result from implementation of the Project. (Draft EIR, p. 4.1-20.)

AIR QUALITY
Threshold (c): Will the Project expose sensitive receptors to substantial pollutant concentrations?
Localized Construction Emissions Impacts. The emissions of NOx, CO, PM10 and PM2.5 emissions will not exceed applicable SCAQMD thresholds during Project construction of either a warehouse distribution/logistics center or a fulfillment/e-commerce facility. Accordingly, Project construction F.1.b
Packet Pg. 1494 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 7 would not expose any sensitive receptors in the vicinity of the Project site to substantial criteria pollutant concentrations. Impacts are less than significant. (Draft EIR, p. 4.2-31.) Localized Operational Impacts. Neither operation of the Project as a warehouse distribution/logistics use nor as an e-commerce/fulfillment use would exceed the applicable SCAQMD thresholds for localized NOx, CO, PM10 and PM2.5 emissions. Accordingly, operation of the Project would not expose any sensitive receptors in the vicinity of the Project site to substantial pollutant concentrations. Impacts would be less than significant and no mitigation is required. (Draft EIR, p. 4.2-31.) CO Hot Spot Impact Analysis. A project-specific CO “hot spot” analysis was not performed because CO attainment in the SCAB was previously analyzed in depth as part of SCAQMD’s 2003 AQMP and the 1992 Federal Attainment for Carbon Monxide Plan. Based on the relatively low traffic congestion levels, low existing ambien CO concentrations, and the lack of any unusual meterological and/or topographical conditions in the Project’s site vicinity the Project’s operation as either a warehouse distribution/logistics use or as an e-commerce/fulfillment use is not expected to cause or contribute to a CO “hot spot.” Impacts would be less than significant and mitigation is not required. (Draft EIR, p. 4.2-

33.)
Toxic Air Contaminant Emissions Impact Analysis. Implementation of the Project for either warehouse distribution or e-commerce/fulfillment uses will not result in stationary emissions of toxic air contaminants since neither of the uses will involve the operation of smoke stacks or other stationary point-sources of air pollutant emissions. The Project will not expose residential or worker receptors to toxic air contaminants that exceed the applicable SCAQMD. Furthermore, the Project will not contribute to the exposure of school child receptors to DPM emissions because there are no schools located within

0.25-mile of the Project site or the Project’s primary truck routes. Therefore, implementation of the Project for either warehouse distribution/logistics or e-commerce/fulfillment uses will not expose sensitive receptors to toxic air contaminants that exceed the applicable SCAQMD carcinogenic and noncarcinogenic risk thresholds. Impacts will be less than significant. (Draft EIR, pp. 4.2-33 – 4.2-34.) Threshold (d): Will the Project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
During construction, odors could be produced by construction equipment exhaust or from the application of asphalt and/or architectural coatings. These odors will be temporary, short-term, intermittent in nature, and would cease upon the completion of the respective phrase of construction.

Compliance with standard construction practices and SCAQMD Rule 402 would minimize any odor emission and their associated impacts and ensure that no odor creates a public nuisance. In addition, the proposed uses for the Project are not typically associated with the emission of objectionable odors.

The only potential source of odor would be temporary outdoor refuse storage, but even then, any Project-generated refuse will be required to be stored in covered containers and removed at regular intervals in compliance with the City’s solid waste regulations and SCAQMD Rule 402. As such, neither construction nor operation of the Project will create objectionable odors affecting a substantial number of people and impacts will be less than significant. (DEIR, p. 4.2-35.) F.1.b
Packet Pg. 1495 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 8 Cumulative Effects. The Project-related construction and operational are not considered cumulativelyconsiderable since the localized air pollutant emissions, including DPM, will not exceed the applicable SCAQMD thresholds for either the warehouse distribution/logistics or e-commerce/fulfillment options. (DEIR, p. 4.2-36.)
The Project’s construction and operation will not create substantial and objections odors that will expose a substantial number of sensitive receptors to objectionable odors. Furthermore, there no known sources of offensive odors in the areas immediately surrounding the Project site. As such, there is no potential for odors from the Project site to commingle with odors from nearby development projects and expose nearby sensitive receptors to substantial, offensive odors. Accordingly, implementation of the Project for either a warehouse distribution/logistics use or an ecommerce/fulfillment use will result in less-than significant cumulative impact related to odor. (DIER, p.

4.2-36.)

BIOLOGICAL RESOURCES
Threshold (a): Will the Project have a substantial adverse effect on any species identified as a candidate sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Direct Impacts Special-Status Plants. No special-status plans were observed within the Project survey area during field surveys. Furthermore, the Project survey area is not located within a NEPSSA or CAPSSA, and thus, is not considered to be in an area with a high likelihood of supporting substantial populations of sensitive native plant species. Implementation of the Project would result in no direct impacts to special-status plants. (DEIR, p. 4.3-14.

Direct Impacts to Special-Status Animals. Only one (1) special-status animal species, northern harrier, was detected on the Project site during field surveys. However, the field surveys concluded that the Project site contains suitable foraging and nesting habitat for the following six (6) special-status species:
loggerhead shrike, white-tailed kite, Los Angeles pocket mouse, northwestern San Diego pocket mouse, San Diego black-tailed jackrabbit, and burrowing owl. (Draft EIR, p. 4.3-14.) With the exception of the burrowing owl (discussed in Section 5.2), these species are considered to be adequately conserved by the MSHCP and the permanent loss of suitable foraging habitat on the Project site for these species would be less than significant. (Draft EIR, pp. 4.3-14 – 4.3.15.) Indirect impacts to Special-Status Biological Resources. The Project site and the areas immediately surrounding the property are heavily developed, dominated by non-native species, and do not have a high potential to support sensitive or special-status biological resources. As such, implementation of the Project would result in less-than-significant indirect impacts to special-status biological resources. (Draft EIR, p. 4.3-15.)
F.1.b
Packet Pg. 1496 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 9 Threshold (c): Will the Project have a substantial adverse effect on State or federally protected wetlands as defined by Section 404 of the Clean Water Act through direct removal, filling, hydrological interruption, or other means?
The Project site does not contain any protected wetland or aquatic resources, including, but not limited to, natural drainages or water courses, wetland habitat, marsh, vernal pools, or coastal resources, and would not result in a substantial adverse effect on State- or federally-protected wetlands through direct removal, filing, hydrological interruption, or other means. No impact would occur and mitigation is not required.

Threshold (e): Will the Project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? The Project site is not located within an identified reserve area for the Stephens’ Kangaroo Rat and the species has a low to moderate potential to occur on the Project Site. In addition, the species was not observed during biological surveys of the Project site. Accordingly, the Project is exempt from the focused survey requirements for the Stephens’ Kangaroo Rat established by the City’s Municipal Code.

The Project Applicant will be required to contribute local development impact and mitigation fee payments to the City to assist in implementing the habitat conservation plan for the Stephens’ Kangaroo Rat and the Western Riverside County MSHCP reserve system. With mandatory compliance with these standard regulatory requirements, the Project will not conflict with any City policies or ordinances related to the protection of the Stephens’ Kangaroo Rat and/or the mitigation fee program associated with Western Riverside County MSHCP. Impacts would be less than significant. (Draft EIR, p. 4.3-16 –

4.3.17.)
Cumulative Effects. The Project will not impact any special-species plant status and there is no potential for the Project site to support special-status plant species due to the lack of suitable, natural habitat.

Accordingly, there is no potential for the implementation of the Project to contribute to a substantial adverse cumulatively-considerable impact to special-status plant species. (Draft EIR, p. 4.3-19.) The Project site does contain suitable foraging habitat for the burrowing owl, norther harrier, loggerhead shrike, white-tailed kite, pocket mouse, northwestern San Diego pocket mouse, and San Diego black-tailed jackrabbit. Except for the burrowing owl, the remaining special-status animal species mentioned in the preceding sentence are covered under the Western Riverside MSHCP; therefore, with mandatory compliance to the Western Riverside MSHCP, implementation of the Project would not contribute to a substantial adverse cumulatively-considerable impact to those special-status animals (all but the burrowing owl). (Draft EIR, p. 4.3-19.) Although, the burrowing owl was not observed within the Project survey area during field surveys, there is the potential for this species to migrate onto the site and occupy the Property prior to the initiation of construction activities. The burrowing owl is not adequately conserved under the MSHCP; thus, the Project has the potential to contribute to a cumulatively-considerable impact to the burrowing owl. (Draft EIR, p. 4.3-19.) F.1.b
Packet Pg. 1497 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 10 The Project would not impact any State or federally-protected wetlands. Accordingly, the Project has no potential to contribute to a cumulatively-considerable impact to State or federally-protected wetlands. (Draft EIR, p. 4.3-19.)
The Project would also not conflict with any local policies or ordinances protecting biological resources.

Other development projects in the cumulative study area would be required to comply with applicable local policies and/or ordinances related to the protection of biological resources as a standard condition of review and approval. Because the Project and cumulative development would be prohibited from violating applicable, local policies or ordinances related to the protection of biological resources, a cumulative-considerable impact would not occur. (Draft EIR, p. 4.3-19 – 4.3-20.)

CULTURAL IMPACTS
Threshold (a): Will the Project cause a substantial adverse change in the significance of a historical resource pursuant to Section 150645?
Implementation of the Project would require the demolition of all structures and site improvement that are located on the Project site including two (2) historic-period cultural resources: the remnants of a residential complex and the Adam Hall Plant Nursery. These resources were not found to be eligible as a City landlord or structure of merit and do not qualify as a historic resource pursuant to CEQA Guidelines.

Neither the residential complex nor the Adam Hall Plant Nursery are representative of any known or identifiable trend in the development of Moreno Valley, are not associated with any important historical figure or event, and have little potential to yield important archaeological information on local historical development. Accordingly, implementation of the Project would not result in a substantial adverse change to any historical resources as defined by CEQA Guidelines Section 15064.5 and no impact would occur. (Draft EIR, p. 4.4-10.)
Threshold (c): Will the Project disturb any human remains, including those interred outside of formal cemeteries?
The Project site does not contain a cemetery and no known formal cemeteries are located within the immediate site vicinity. Field surveys conducted on the Project site did not identify the presence of any human remains and no human remains are known to exist beneath the surface. In the unlikely event that human remains are discovered during the Project grading or other ground disturbing activities, the Project would be required to comply with the applicable provisions of California Health and Safety Code Section 7050.5 and California Public Resources Code Section 5097 et seq. With mandatory compliance with State law, any potential impacts to human remains that may result from the Project would be less than significant. (Draft EIR, p. 4.4-11.)
Cumulative Effects.

No historic resources are present on the Project site. Therefore, no historic resources could be altered or destroyed by construction or operation of the Project. The Project will be required to comply with the applicable provisions of California Health and Safety Code Section 7050.5 and California Public F.1.b
Packet Pg. 1498 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 11 Resources Code Section 5097 et seq. Mandatory compliance with these laws will ensure that human remains, if encouraged during Project grading or other ground disturbing activities, are appropriately treated and would preclude the potential for significant impacts to human remains. (Draft EIR, p. 4.4-

12.)
ENERGY
Threshold (a): Would the Project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
Energy Use During Construction. The equipment and vehicles used for Project construction (either warehouse distribution/logistics or fulfillment/e-commerce uses) would conform to CARB regulations and State emissions. There is no evidence that the Project construction will require the use of equipment that will be more energy intensive than is used for comparable activities elsewhere in the region. The Project will indirectly realize construction energy efficiencies and energy conservation through the bulk purchase, transport and use of construction materials. Accordingly, the amount of energy and fuel consumed by construction will not be inefficient, wasteful, or unnecessary. Impacts will be less than significant. (Draft EIR, p. 4.5-7 – 4.5-8.) Energy Use During Operation. The Project building incorporates contemporary, energy-efficient/energyconserving deisgn and operation al programs and will be subject to compliance with 2019 Energy Code and CalGreen standards. These standards are more stringent than prior versions of the respective codes. Due to mandatory compliance with Energy Code and CalGreen standards will ensure that Project building operations will not result in the inefficient, wasteful, or unnecessary consumption of energy.

The Project site is capable of being served by existing service areas of MVU and SoCalGas and does not require the need for additional energy facilities or energy delivery systems. Lastly, the Project does not propose uses o operations that would inherently result in excessive and wasteful vehicle trips and VMP, nor associated excess and wasteful vehicle energy consumption. Impacts will be less than significant and no mitigation is required. (Draft EIR, p. 4.5 – 9.) Threshold (b): Will the Project conflict with or obstruct a State or local plan for renewable energy or energy efficiency?
The Project is consistent with, and will not otherwise interfere with, nor obstruct implementation of any federal, state, or local energy regulations, including but not limited to, the Intermodal Surface Transportation Efficient Act of 1991, the Transportation Equity Act for the 21st Century, State of California Energy Plan, California Code Title 24, Part 6, Energy Efficiency Standards, Pavley Fuel Efficiency Standards (AB 1493), Advanced Clean Trucks Program, California Renewable Portfolio Standards (SB 1078), Clean Energy and Pollution Reduction Act of 2015 (SB 350), and Moreno Valley Building code.

Impacts are less than significant and no mitigation is required. (Draft EIR, pp. 4.5-7 – 4.5-11.) Cumulative Effects. The Project and other new development projects within the cumulative study area would be required to comply with all of the same applicable federal, State, and local regulatory F.1.b
Packet Pg. 1499 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 12 measures aimed at reducing fossil fuel consumption and the conservation of energy. Accordingly, the Project would not cause or contribute to a significant cumulatively-considerable impact related to conflicts with a State or local plan for renewable energy or energy efficiency. (Draft EIR, pp. 4.5-11 –

4.5-12.)

GEOLOGY AND SOILS
Threshold (a): Will the Project directly or indirectly cause potential substantial adverse effects, including risk of loss, injury or death involving: (i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Eqarthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault?; (ii) Strong seismic ground shaking?; (iii) Seismic-related ground failure, including liquefaction?; and/or (iv) Landslides?
Rupture of Known Earthquake Fault. There are no known active or potential active faults on or trending towards the Project site and the Project site is not located within a mapped Alquist-Priolo Earthquake Fault Zone. Therefore, the Project will not directly or indirectly expose people or structures to substantial adverse effects related to ground rupture.

Strong Seismic Ground Shaking. As with other similar properties in southern California, the Project site is located in a seismically active area of southern California and is expected to experience moderate to severe ground shaking during the lifetime of the Project. As a mandatory condition of Project approval, the Project Applicant will be required to construct the proposed building in accordance with the CBSC and the City of Moreno Valley Building Code, and will need to comply with the grading and construction recommendations contained within the geotechnical report for the Project site (See Draft EIR, Technical Appendix F). By complying with such building code standards and site-specific design and construction measures, implementation of the Project will not directly or indirectly expose people or structures to substantial adverse effects, including loss, injury or death, involving seismic ground shaking. Impacts will be less than significant. (Draft EIR, p. 4.6-10.)
Seismic-Related Ground Failure. Due to the observed soil characteristics on the Project site and the lack of shallow groundwater beneath the site, liquefaction potential is considered to be low. Regardless, the Project site will be developed in accordance with the latest applicable seismic safety guidelines, including the standard requirements of the CBSC and the City of Moreno Valley Building Code, and the grading and construction recommendations contained within the geotechnical report for the Project site (see Draft EIR, Appendix F) to reduce the risk of seismic-related ground failure due to liquefaction.

Therefore, implementation of the Project would not directly or indirectly expose people or structures to substantial hazards associated with seismic-related ground failure and/or liquefaction hazards. Impacts would be less than significant. (Draft EIR, p. 4.6-11.) Landslides. The Project site is relatively flat, as is the immediate surrounding area. There are no hillsides or steep slopes on the Project site or in the immediate vicinity of the site. The Project Applicant proposes construction of several retaining wall on the Project site and manufactured slopes along the perimeter of the proposed water quality/detention basin, which will be constructed in accordance with F.1.b
Packet Pg. 1500 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 13 the site-specific recommendations contained within the geotechnical report for the Project site (see Draft EIR, Technical Appendix F) as required by the Moreno Valley Municipal Code. Accordingly, the Project will not be exposed to substantial landslide risks, and implementation of the Project will not pose a substantial direct or indirect landslide risk to surrounding properties. Impacts would be less than significant.

Threshold (b): Will the Project result in substantial soil erosion or the loss of topsoil? Erosion Impacts. Most of the Project site has little or no vegetable cover and contains loose and dry topsoil conditions. Development of the Project will result in the demolition of all structures on-site, and grading and construction activities that will further disturb soils on the Property, which can result in potential erosion during rainfall events or high winds and exposure of these erodible materials to wind and water. Because the Project will be required to adhere to the Santa Ana RWQCB’s Santa Ana River Basin Water Quality Control Program, obtain a NPDES Permit, prepare a SWPPP, WQMP, and an erosion control plan pursuant to the City’s Municipal Code, construction and operational impacts associated with soil erosion hazards are considered to be less than significant. (Draft EIR, pp. 4.6-11 – 4.6-12.) Threshold (c): Will the Project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially result in an on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? The Project site is relatively flat, with no substantial natural or man-made slopes are located on or adjacent to the Project site. All proposed retaining walls and manufactures slopes will be engineered for long-term stability and constructed in accordance with the site-specific recommendations contained within the geotechnical report for the Project site as required by the City (See Draft EIR, Technical Appendix F). The geotechnical report also indicates that any shrinkage/subsidence and settlement potential on the site will be attenuated with site-specific ground preparation and construction recommendations contained in the geotechnical report. Lastly, based on the Project site’s lack of shallow groundwater, liquefaction on the Project site is considered to be low, and therefore, the potential for lateral spreading is also low. Therefore, impacts associated with landslides, soil shrinkage/subsidence, and lateral spreading will be less than significant. (Draft EIR, pp. 4.6-12 – 4.6-13.) Threshold (d): Will the Project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? The near surface soils on the Project site have an expansion potential of “very low.” Accordingly, the Project site does not contain expansive soils and, as such, will not create substantial direct or indirect risks to life or property associated with the presence of expansive soils. No impact will occur. (Draft EIR, p. 4.6-13.)
Threshold (e): Will the Project have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?
F.1.b
Packet Pg. 1501 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 14 The Project does not propose the use of septic tanks or alternative waste water disposal systems.

Accordingly, no impact will occur. (Draft EIR, p. 4.6-13.) Cumulative Effects. Potential hazardous effects related to fault rupture, seismic ground shaking, liquefaction, landslides, and expansive soils are specific to conditions on the subject property and are not influenced or exacerbated by the geologic and/or soils hazards that may occur on other, of-site properties. As such, there would be no direct or indirect connection to similar potential issues or cumulative effects to or from other properties. As for erosion hazards, because the Project and other projects within the cumulative study area would be subject to similar mandatory regulatory requirements to control erosion hazards during construction and long-term operation, cumulative impacts associated with wind and water erosion hazards would be less than significant. (Draft EIR, p.

4.6-14.)

GREENHOUSE GAS EMISSIONS
Threshold (b): Will the Project conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases.

Warehouse distribution/logistics and e-commerce/fulfillment uses are not inherently energy-intensive.

The Project will include contemporary, energy-efficient/energy-conserving design features and operational procedures that are consistent with or otherwise will not conflict with applicable regulations, policies, plans, and policy goals that reduce GHG emissions, including the City of Moreno Valley Energy Efficiency and Climate Action Strategy, the City of Moreno Valley General Plan’s Air Quality Element, Title 24 California Building Standards Code (CBSC), Assembly Bill 32, and Senate Bill 32. (Draft EIR, p. 4.7-20 – 4.7-21.)
Cumulative Effects. None.

HAZARDS AND HAZARDOUS MATERIALS
Thresholds (a) and (b): Will the Project create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? Will the Project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Soil samples taken from the Project site show no signs of pesticides or heavy metals concentrations that posed a substantial hazard to people or the environment. A water well is located within the Project site.

Contaminated groundwater does not exist beneath the surface of the site; therefore, there is no potential to release contaminated groundwater in the event of an accident. All demolition, construction, and removal of septic tanks will be conducted in accordance with all applicable Federal, State, and local requirements. Similarly, long-term operation will require compliance with these rules and regulations. Mandatory compliance with federal, State, and local regulations during construction and operation will ensure that the Project will not create significant hazard to the environment due to F.1.b
Packet Pg. 1502 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 15 routine transport, use, disposal, or upset of hazardous materials or through accident conditions involving the release of hazardous material into the environment. Although impacts will be less than significant with compliance to the regulations, the Project Applicant will implement Mitigation Measures

4.8-1 through 4.8-3 to ensure compliance with applicable regulations. (Draft EIR, pp. 4.8-11 – 4.8-13.) Thresholds (c): Will the Project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
No existing or proposed schools are located within one-quarter mile of the Project site. As such, the Project has no potential emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, and/or wastes within one-quarter mile of an existing or proposed school. (Draft EIR, p. 4.8-

13.)
The nearest school to the Project site is Ridge Crest Elementary School, located approximately 0.4-mile south of the Project site. Compliance with the identified federal, State, and local regulations will govern the handling of hazardous materials during construction and long-term operational activities and ensure that all impacts associated with environmental and health hazards related to an accidental release of hazardous materials are less than significant. (Draft EIR, p. 4.8-13.) Thresholds (d): Will the Project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result will it create a significant hazard to the public or the environment? The Project is not located on any list of hazardous materials site compiled pursuant to Government Code Section 65962.5. Therefore, impacts related to this issue would be less than significant. (Draft EIR, p.

4.8-14.)
Thresholds (e): For a project located within an airport land use plan, or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, will the Project result in a safety hazard or excessive noise for people residing or working in the Project area? The Project site is located outside of the influence area for the March Air Reserve Base/March Inland Port (MARB/IP). It is also outside of the 60 dB CNEL noise contour and is not located within an Accident Potential Zone, “Clear Zone,” the General Approach/Departure Traffic Pattern, or within Closed Circuit Traffic Pattern Envelope. Therefore, the Project will not expose future employees on the Project site to substantial safety hazards or adverse noise effects from the MARB/IP. Impacts will be less than significant. (Draft EIR, p. 4.8-14.)
Thresholds (f): Will the Project impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan? The Project site does not contain any emergency facilities nor does it serve as an emergency evacuation route. The Project will be designed, constructed, and maintained according with applicable standards associated with vehicular access, ensuring that vehicular access will provide for adequate emergency F.1.b
Packet Pg. 1503 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 16 access and evaluation. Accordingly, implementation of the Project will not impair implementation of, or physically interfere with, an adopted emergency response plan or an emergency evacuation plan, and no impact will occur. (Draft EIR, p. 4.8-14.)
Thresholds (g): Will the Project expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? The Project site is not located within a State Responsibility Area or a very high fire hazard severity zone.

Neither Cal Fire nor the City identifies the Project site within an area susceptible to wildland fires.

Therefore, the Project will not expose people or structures to a significant risk of loss, injury, or death involving wildland fires. No impact would occur. (Draft EIR, pp. 4.8-14 – 4.8-15.) Cumulative Effects. Although each project has unique hazardous materials considerations, it is anticipated that future cumulative projects will comply with the local, state, and federal regulations and requirements as these are required for all development project. Furthermore, the surrounding area is not on the list of hazardous materials sites, not located within the influence area of MARB/IP, nor is located within or in close proximity to areas identified as being subject to wildland fire hazards. As a result, cumulative impacts associated with hazardous materials would be less than significant. (Draft EIR, p. 4.8-15.)

HYDROLOGY & WATER QUALITY
Threshold (a): Will the Project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Construction activities have the potential to result in water quality pollutants such as silt, debris, adhesives, paints, and other chemicals with the potential to adversely affect water quality. However, the Project Applicant will be required to comply with the NPDES permit, the City Municipal Code, and the Santa Ana River Basin Water Quality Control Program, which includes preparation and implementation of a SWPPP and WQMP. Mandatory compliance with all applicable water quality regulations would ensure that the Project will not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality during construction or long-term operation. Impacts would be less than significant. (Draft EIR, p. 4.9-8 – 4.9-9.) Threshold (b): Will the Project substantially decrease groundwater supplies or interfere substantially with the groundwater recharge such that the Project may impede sustainable groundwater management of the basin?
It is anticipated that the Project will be served with potable water by the EMWD and will not utilize wells or any other groundwater extractive activities. The EMWD will have adequate water supply, including groundwater resources to serve the Project in addition to past, present, and future commitments.

Additionally, the Project includes design features that will maximize percolation of rainfall into the groundwater basin. Buildout of the Project will not interfere substantially with groundwater recharge.

Therefore, the Project will not substantially deplete groundwater supplies nor interfere substantially F.1.b
Packet Pg. 1504 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 17 with groundwater recharge such that there will be a net deficit in aquifer volume or a lowering of the local groundwater table level. Impacts will be less than significant. (Draft EIR, p. 4.9-9 – 4.9-10.) Threshold (c): Will the Project substantially alter the existing drainage pattern of the site or area, including the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which will: (i) Result in substantial erosion or siltation on- or off-site?; (ii) Substantially increase the rate or amount of surface runoff in a manner which will result in flooding on- or off-site?; (iii) Create or contribute runoff which will exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?; or (iv) Impede or redirect flood flows? Erosion and Siltation. Implementation of the Project will alter the existing ground contours of the Project site and result in the installation of impervious services, which will result in changes to the site’s existing, internal drainage patterns. Nevertheless, such changes will not result in substantial erosion or siltation on- or off-site. The Project Applicant will be required to obtain a NPDES permit and comply with the provisions of Santa Ana River Basin Water Quality Control Program and the City Municipal Code, which involves the preparation and implementation of SWPPP and WQMP to minimize erosion and siltation. Mandatory compliance with SWPPP, WQMP, and the City-required erosion control plan will ensure that the Project construction and operational activities will result in less-than-significant impacts related to soil erosion and sedimentation. (Draft EIR, pp. 4.9-11 – 4.9-14.) On- or Off-Site Flooding. Upon Project buildout, all on-site storm runoff will be conveyed to the proposed on-site water quality/detention basin in the southern portion of southern portion of the site or the multiple on-site water quality/detention basins provided for the conceptual fulfillment/ecommerce site plan. The water quality/detention basins contain design features that will control the discharge of stormwater runoff from the site so that peak discharge does not exceed existing peak flows. From the on-site water quality/detention basin, stormwater runoff would be conveyed to a new storm drain line beneath Redlands Boulevard that will be sized per the Moreno MDP to adequate convey ultimate future stormwater runoff from the Project site in addition to upstream areas. The Project will provide a relief system at the connection point of the new and existing storm drain lines beneath Redlands Boulevard to ensure that no flooding on- or off-site occurs. Because the Project will not increase the rate or amount of stormwater runoff discharged from the Project site or in the Project area above existing levels under either the proposed warehouse distribution/logistics or conceptual fulfillment/e-commerce site plans, implementation of the Project will not result in flooding on- or offsite. Impacts will be less than significant. (Draft EIR, p. 4.9-14.) Stormwater Drainage System Capacity and Polluted Runoff. Implementation of the Project will not increase the rate or volume of stormwater discharged from the Project site during peak storm events relative to existing conditions. Therefore, the Project will result in a less than significant impact. (Draft EIR, p. 4.9-15.)
Flood Flows. The Project site is located within a 500-year floodplain, which is not considered a special flood hazard area. Accordingly, the Project site is not expected to be inundated by flood flows during F.1.b
Packet Pg. 1505 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 18 the lifetime of the Project and the Project will not impede flood flows. No impact will occur. (Draft EIR, p. 4.9-15.)
Threshold (d): Will the Project result in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
The Pacific Ocean is located over 45 miles southwest of the Project site. Consequently, there is no potential for the Project site to be impacted by a tsunami as tsunamis typically only reach up to a few miles inland. The Project site also is not subject to flooding hazards associated with a seiche because the nearest body of surface water, Lake Perris, is located approximately 4 miles south of the Project site, which is too far away from the subject property to impact the property with a seiche. Lastly, the Project site is not located within any mapped dam inundation area. Therefore, the Project will not release water pollutants due to inundation. No impact will occur. (Draft EIR, p. 4.9-15.) Threshold (e): Will the Project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? The Project site is located within the Santa Ana River Basin and the Perris North Groundwater Basin.

Project-related construction and operational activities will be required to comply with the Santa Ana Basin Water Quality Control Plan by preparing and adhering to a SWPPP and WQMP. Similarly, implementation of the Project will not result in substantial adverse effects to local groundwater supplies or groundwater recharge. Thus, no component of the Project will obstruct with or prevent implementation of the management plan for the San Jacinto Groundwater Basin. As such, the Project’s construction and operation will not conflict with any sustainable groundwater management plan.

Impacts will be less than significant. (Draft EIR, p. 4.9-16.) Cumulative Effects. The Project Applicant and all cumulative developments in the Santa Ana River Basin would be required to comply with mandatory regulatory requirements to ensure that development projects do not contribute substantially to water quality impairments during construction or operation.

Accordingly, the construction and operation of the Project will not contribute to cumulativeconsiderable water quality effects. (Draft EIR, p. 4.9-16.) Although the Project will increase impervious surface coverage on the site, the Project incorporates design features that will allow surface runoff to infiltrate into the groundwater basin. Other development projects would similarly be required by applicable lead agencies to incorporate design features that facilitate percolation. Neither the Project nor future development projects within the San Jacinto Groundwater Basin will be allowed to engage in any activity that would endanger the health and sustainability of the groundwater basin. Based on the lack of impacts to groundwater, the provision of design measures that would facilitate percolation and compliance with applicable San Jacinto Groundwater Basin management plans, cumulative development will not result in a considerable, adverse effect to local groundwater supplies. (Draft EIR, pp. 4.9-16 – 4.9-17.) Because construction of the Project and all other developments throughout the Santa Ana River Basin will need to comply with federal, State, and local regulations to ensure that stormwater discharges do F.1.b
Packet Pg. 1506 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 19 not substantially exceed existing volumes of available conveyance infrastructure, a substantial cumulative impact related to flood hazards would not occur. Additionally, development on the Project site has no potential to impede or redirect flood flows and a cumulatively-considerable impact would not occur since the Project site is not located within a special flood hazard area or in an area subject to inundation. (Draft EIR, p. 4.9-17.)

LAND USE & PLANNING
Threshold (a): Will the Project physically divide an established community? The Project site contains three (3) occupied residential homes under existing conditions.

Implementation of the Project will remove these structures from the Project site. Existing industrial land uses are located north and northwest of the Project site and undeveloped land planned for nonresidential land uses is located north of the Project site. East of the Project site is an assemblage of undeveloped land that is planned for employment and commerce uses as part of the World Logistics Center Specific Plan. The Project’s proposed General Plan Amendment will extend the existing and planned employment and commerce land uses in the Project vicinity onto the Project site. The Project will be a continuation of the established and planned industrial uses in the General Plan. More specifically, the Project will connect to the existing roadway system and other infrastructure and will not involve the reconfiguration of streets that would have the potential to alter the surrounding pattern of future development, or that would affect the connectivity of existing residential uses to the south of the Project site. Therefore, implementation of the Project and the Propose Project will not physically divide any existing, surrounding community. Impacts will be less than significant. (Draft EIR, pp. 4.10-6 – 4.10-

7.)
Threshold (b): Will the Project cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
City of Moreno Valley General Plan. By law, all activities undertaken by a planning agency must be consistent with the goals and policies of the agency’s general plan. The Project includes an amendment to the City of Moreno Valley General Plan Land Use Map that would change the Project site’s land use designation from “Residential: Max 2 du/ac (R2” to “Business Park/Light Industrial (BP/LI).” Approval of the requested General Plan Amendment will eliminate any potential inconsistency between proposed land uses and the site’s existing land use designations. The City of Moreno Valley staff has reviewed the Project’s Applications materials and concluded that the Project will not conflict with any specific objectives, policies, or actions in the General Plan beyond those identified in other subsections of the EIR. Impacts will be less than significant. (Draft EIR, p. 4.10-7.) City of Moreno Valley Zoning Ordinance. The Project includes a Change of Zone to amend the City of Moreno Valley Zoning Map to change the classification of the Project site from “Residential Agriculture 2 (RA2) District” to “Light Industrial (LI) District,” and to remove the Project site’s “Primary Animal Keeping Overlay (PAKO)” overlay classification. Approval of the requested Change of Zone would eliminate any potential inconsistency between the Project and the site’s underlying zoning classifications. The Project F.1.b
Packet Pg. 1507 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 20 will not conflict with any development regulations and design standards in the Zoning Ordinance, and there are no components of the Project’s proposed Change of Zone that will result in impacts not already evaluated and disclosed by the EIR. Impacts will be less than significant. (Draft EIR, p. 4.10-8.) SCAG Regional Transportation Plan and Sustainable Communities Strategy. The Project will not conflict with the adopted goals of the 2016 RTP/SCS and Connect SoCal for integrating the transportation network and related strategies with an overall land use pattern that responds to projected growth, housing needs, changing demographics, and transportation demands. Impacts will be less than significant. (Draft EIR, p. 4.10-8 – 4.10-11.)
Cumulative Effects. Because the Project site does not directly abut any established communities, there is no potential for the Project to cause or cumulatively contribute to the division of an established community. Furthermore, the Project’s proposed General Plan Amendment would eliminate inconsistencies between the proposed land use and the site’s existing General Plan land use designations. As development occurs elsewhere throughout the area, any proposal to change the underlying land use or development intensity for a specific property similarly would not have the potential to result in conflict with applicable land plans and result in substantial, adverse environmental effects with implementation of an amendment to the applicable land use plan. The Project would not result in cumulatively-considerable land use and planning conflicts in the context of compliance with applicable environmental plans, policies, and regulations beyond those identified in the EIR. (Draft EIR, p. 4.10-11 – 4.10-12.)
NOISE
Threshold (a): Will the Project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Short-Term Construction Noise Impacts. Construction of the Project, whether it be a warehouse distribution/logistics use or fulfillment center/e-commerce use will result in identical ground disturbances, utilize the same construction equipment fleet, and result in the same improvements. The Project’s daytime construction noise levels are expected to range from 58.6 to 64.7 dBA Leq. However, project construction noise levels are considered exempt from the noise limits specificed in the City Municipal Code if activities occur within the hours of 7:00 a.m. and 8:00 p.m. The Project-related construction activities are expected, for the most part, to occur during daylight hours. The only Project construction Project activity with a reasonable potential to occur during nighttime hours I concrete pouring, which would not exceed 55.8 dBA Leq at any nearby sensitive receiver location or 55.4 dBA Leq at a distance 200 feet from the Project site. Neither of these nighttime noise levels would exceed the standard established by the City Municipal Code. As such, impacts during daytime or nighttime activities will be less than significant. (Draft EIR, pp. 4.11-19 – 4.11-21.) Short-Term Sheet Pile System Construction Noise Impact Analysis. Sheet pile driving is proposed along the western Project site boundary during construction, under both the proposed warehouse distribution/logistics use or the conceptual fulfillment center/e-commerce use. The noise analysis F.1.b
Packet Pg. 1508 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 21 report concludes that none of the receiver locations located near the Project site or 200 feet from the property line will be exposed to noise levels that exceed the applicable limits established by the City Municipal Code. Therefore, the Project’s sheet pile system construction noise impact will be less than significant and no mitigation is required. (Draft EIR, p. 4.11-21.) Operational Noise Impact Analysis – Stationary. The Project Applicant expects that the building will be occupied by warehouse distribution/logistics operator(s) or fulfillment/e-commerce business.

Stationary noise sources associated with long-term Project operation are expected to include idling trucks, delivery truck and automobile parking, delivery truck backup alarms, roof-top air conditioning units, loading and unloading of dry goods and delivery trailers on-site, and parking lot vehicle movements. None of the sensitive receptors locations near the Project site would be exposed to noise levels that exceed the applicable limits established by the City Municipal Code. As such, the Project’s operational noise impacts as either a warehouse distribution/logistics use or fulfillment/e-commerce use will be less than significant and no mitigation is required. (Draft EIR, pp. 4.11-21 – 4.11-23.) Off-Site Traffic Noise Impact Analysis.

Existing Plus Project Conditions. Project traffic noise where the Project is operated as a warehouse distribution/logistics use will generate a noise level increase of up to 7.7 dBA CNEL on the study area roadway segments. Project traffic noise where the Project is operated as a fulfillment/ecommerce use will generate a noise level increase of up to 10.1 dBA CNEL on the study area roadway segments. Neither of these levels would exceed the applicable significant thresholds under the E+P scenario. Therefore, the Project’s contributions to off-site traffic noise under either proposed use will not result in a substantial permanent increase in ambient noise levels. Impacts will be less than significant. (Draft EIR, pp. 4.11-26 – 4.11-27.)
Opening Year Conditions. Project traffic noise where the Project is operated as a warehouse distribution/logistics use will generate a noise level increase of up to 5.6 dBA CNEL on the study area roadway segments. Project traffic noise where the Project is operated as a fulfillment/e-commerce use will generate a noise level increase of up to 7.7 dBA CNEL on the study area roadway segments. Neither of these levels would exceed the applicable significant thresholds under the General Plan Build-Out scenario. Therefore, the Project’s contributions to off-site traffic noise under either use will not result in a substantial permanent increase in ambient noise levels. Impacts will be less than significant. (Draft EIR, pp. 4.11-27 – 4.11-28.)
General Plan Build-Out Conditions. Project traffic noise where the Project is operated as a warehouse distribution/logistics use will generate a noise level increase of up to 2.9 dBA CNEL on the study area roadway segments. Project traffic noise where the Project is operated as a fulfillment/ecommerce use will generate a noise level increase of up to 4.4 dBA CNEL on the study area roadway segments. Neither of these levels would exceed the applicable significant thresholds under the General Plan Build-Out scenario. Therefore, the Project’s contributions to off-site traffic noise under either use will not result in a substantial permanent increase in ambient noise levels. Impacts will be less than significant. (Draft EIR, pp. 4.11-29 – 4.11-30.)
F.1.b
Packet Pg. 1509 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 22 Threshold (b): Will the Project result in generation of excessive groundborne vibration or groundborne noise levels?
Construction Analysis. Construction activities on the Project site will utilize construction equipment that has the potential to generate vibration. However, according to the noise analysis conducted on the Project site, none of the receiver locations in the vicinity of the Project will be exposed to vibration levels that exceed the applicable limits established by the FTA. Therefore, Project construction will not generate temporary, excessive groundborne vibration or noise levels and a less-than-significant impact will occur. (Draft EIR, p. 4.11-31.)
Sheet Pile System Construction Analysis. Sheet pile system construction activities on the Project site will utilize construction equipment that has the potential to generate vibration. However, according to the noise analysis conducted on the Project site, none of the receiver locations in the vicinity of the Project will be exposed to vibration levels that exceed the applicable limits established by the FTA. Therefore, the Project’s sheet pile system construction activities using non-impact equipment will not generate temporary, excessive groundborne vibration or noise levels and a less-than-significant impact will occur. (Draft EIR, p. 4.11-32.)
Operational Analysis. Under long-term conditions, the operational activities on the Project, whether from a warehouse/distribution logistics use or a fulfillment center/e-commerce use will not include or require equipment, facilities, or activities that would result in perceptible ground-borne vibration. At the most, trucks will travel and from the Project site on surrounding roadways, but vibration and groundborne noise levels for heavy trucks operating at the posted speed limits on smooth, paved surfaces rarely exceeds the applicable significance threshold levels. Therefore, Project operation would not generate excessive groundborne vibration or groundborne noise levels and impacts would be less than significant. (Draft EIR, p. 4.11-32.)
Threshold (c): For a project located within the vicinity of a private airstrip or an airport land use plan, or, where such a plan has not been adopted, within two miles of a public airport or public use airport, will the Project expose people residing or working in the Project area to excessive noise levels?
The Project site is not located within two (2) miles of a public airport or within an airport land use compatibility plan. The closest airport is the MARB/IP Airport, located approximately 5.7 miles northwest of the Project site. Therefore, the Project will not expose people working on the Project site to excessive noise levels. Impacts will be less than significant. (Draft EIR, p. 4.11-33.) Cumulative Effects.

Construction. There are no known active, pending, or planned construction projects in the immediate vicinity of the Project site that will overlap with the Project’s proposed construction schedule. The Project site is adjacent to the approved World Logistics Center site, but simultaneous construction on the Project site and the World Logistics Center site is not expected to occur as the City has not yet approved any specific development actions.

F.1.b
Packet Pg. 1510 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 23 In the unlikely event that the construction of the Project site and the World Logistics Center site occur simultaneously and in a location of the World Logistics Center site that is potentially close enough to the Project site for construction noise to be additive, the effect to the sensitive receptors evaluated in the EIR would still not be cumulatively consideration in consideration of the less-than-significant noise levels from the Project-related construction activities and the mitigated construction noise levels from the World Logistics Center. Therefore, there is no potential for the Project to contribute to the exposure of nearby sensitive receptors to substantial temporary increases in daytime or nighttime ambient noise levels. (Draft EIR, pp. 4.11-33 – 4.11-34.)
Stationary Noise. The Project’s noise contribution would not be perceptible to noise-sensitive receptors in the Project area during daytime or nighttime hours. As such, the Project’s permanent stationary noise impacts would not be cumulatively considerable. (Draft EIR, p. 4.11-34.) Traffic Noise. The Project’s traffic noise contributions along study area roadways would not exceed applicable significance thresholds and, therefore, would not be cumulatively-considerable under near- or long-term conditions. (Draft EIR, p. 4.11-34.) Groundborne Vibration and Noise. During construction, the Project’s peak vibration impacts would occur during the grading phase when large pieces of equipment are operating on-site. Vibration effects diminish rapidly from the source. Therefore, the only reasonable sources of cumulative vibration in the vicinity of the Project site could occur on properties abutting these sites. There are no known active or pending construction projects abutting the Project site that is expected to overlap with the Project’s proposed construction schedule. As such, there is no potential for the Project to contribute to the exposure of persons to substantial temporary groundborne vibration or noise. Similarly for longterm conditions, since the Project would not include or require equipment or activities that would result in perceptible groundborne vibration beyond the Project site, the Project would not cumulativelycontribute to the exposure of persons to excessive groundborne vibration or noise levels during longterm operation. (Draft EIR, p. 4.11-34.) Airport Noise. The Project would not involve the construction, operation, or use of any public airports or public use airports. There are no conditions associated with implementation of the Project that would contribute airport noise or exposure of additional people to unacceptable levels of airport noise. Accordingly, the Project would have no potential to cumulatively contribute to impacts associated with noise from a public airport, public use airport, or private airstrip. Additionally, the Project site and the immediately surrounding are not near any airports and, thus, not subject to substantial airport- or traffic-related noise. Accordingly, there is no potential for cumulative development to expose persons residing or working in the Project area to excessive airport-related noise levels. (Draft EIR, p. 4.11-34.)
F.1.b
Packet Pg. 1511 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 24 TRANSPORTATION
Threshold (a): Will the Project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? The Project will not conflict with a program, plan, ordinance or policy addressing the circulation system such that the Project will result in a significant impact on the environment. Although the Project would contribute to traffic congestion and hinder compliance with General Plan Circulation Element Policy 5.3 related to LOS criteria, SB 743 and the CEQA Guidelines stipulate the LOS is not to be used as a criterion for determining significant effects on the environment. Therefore, impacts will be less than significant. (Draft EIR, p. 4.12-12 – 4.12-24.)
Threshold (b): Will the Project conflict or be inconsistent with CEQA Guidelines Section 15064.3 or conflict with an applicable congestion management program, including, but not limited to, level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? The Project will not result in a significant VMT impact under the scenarios where the Project is operated as either a warehouse distribution/logistics use or an e-commerce/fulfilment use when all Project design features that will promote non-vehicular transportation and will reduce VMP from employee commutes are considered. Therefore, impacts will be less than significant. (Draft EIR, p. 4.12-24 – 4.12-25.) Threshold (c): Will the Project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
The type of traffic generated by the Project, passenger cars and trucks, will be compatible with the type of existing traffic on the Project study area roadways. In addition, all proposed improvements within the public right-of-way will be installed in conformance with City design standards. The City has reviewed the Project’s application materials and determined that no significant transportation safety hazards will be introduced as a result of the Project. Accordingly, the Project will not create or substantially increase safety hazards due to a design feature or incompatible use. Impacts will be less than significant. (Draft EIR, p. 4.12-25 – 4.12- 26.)
Threshold (d): Will the Project result in in adequate access? Adequate emergency access will be provided to the Project site during construction and long-term operation. The City will also require the Project Applicant to provide adequate paved access to-andfrom the site as a condition of Project approval. Lastly, the City will review all future Project construction drawings to ensure that adequate emergency access is maintained along abutting pubic streets during construction activities. Based on the Project design and with required adherence to City requirements for emergency vehicle access, no impact would occur. (Draft EIR, p. 4.12-26.) Cumulative Effects. The Project has a potential to conflict with General Plan objectives and policies related to the transportation network, including LOS standards, on a cumulative basis. The Project F.1.b
Packet Pg. 1512 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 25 operating as either a warehouse distribution/logistics use or an e-commerce/fulfillment use would make substantial, cumulative contributions to LOS deficiencies that conflict with applicable General Plan performance objectives and policies for local roadway network for several Project study areas intersections under E+P, Opening Year, and General Plan Build-Out traffic conditions. (Draft EIR, p. 4.12-

26.)
The Project will have less-than-significant direct VMT impact as both a warehouse distribution/logistics and a fulfillment/e-commerce use. Under the City’s VMP significant guidelines, Project-related VMP is also considered less than significant under a cumulative basis. Furthermore, the Project will be consistent with SCAG’s 2016 RTP/SCS and Connect SoCal for long-term VMT and GHG reduction goals.

Accordingly, the Project would not contribute a cumulatively-considerable VMT impact. (Draft EIR, p.

4.12-26.)
The Project will not cause or exacerbate existing transportation design safety concerns or adversely affect emergency access. As such, the Project would not contribute to a significant cumulative impact. (Draft EIR, p. 4.12-26.)

UTILITIES & SERVICE SYSTEMS
Threshold (a): Will the Project require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction of which could cause significant environmental effects?
The Project will include the construction of new water line segment, on-site network of sewer pipes, and on-site stormwater drain system to capture and convey storm water runoff. The Project will also involve utility connections to provide electric power and telecommunications services to the site. The installation of utility and service system infrastructure improvements will result in physical environmental impacts inherent in the Project’s construction process. However, these impacts have already been identified and included in the analyses of construction-related effects presented throughout the EIR. In instances where the Project’s construction phase will result in specific, significant impacts, feasible mitigation measures are provided. Accordingly, impacts will be less than significant and additional mitigation measures beyond those identified throughout the EIR will not be required. (Draft EIR, pp. 4.14-8 – 4.14-11.)
Threshold (b): Will sufficient water supplies be available to serve the Project and reasonably foreseeable future development during normal, dry, and multiple dry years? EMWD will provide potable water service to the Project. EMWD is able to meet the Project’s water demand without the need for offsets or the acquisition of additional water supplies. Additionally, EMWD calculates that it will have sufficient water supplies to meet all water existing demands for the Project in addition to its existing and projected future responsibilities through the planning horizon year (2040) during all climate scenarios, including normal year, single dry year, and multiple dry years.

F.1.b
Packet Pg. 1513 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 26 Therefore, the Project’s impacts to water supply will be less than significant. (Draft EIR, p. 4.14-12.) Threshold (c): Will the Project result in a determination by the wastewater treatment provider which serves or may serve the Project determined that it has adequate capacity to serve the Project’s projected demand in addition to the provider’s existing commitments? Wastewater generated by the Project will be treated at the Moreno Valley Regional Water Reclamation Facility (“Facility”). Implementation of the Project will utilize approximately 2.3% of the excess daily treatment capacity at the Facility. Accordingly, the Facility has sufficient excess capacity to treat wastewater generated by the Project in addition to existing commitments. Implementation of the Project does not create the need for any new or expanded wastewater facility. Because there is adequate capacity at existing treatment facilities to serve Project demands, impacts will be less than significant and mitigation is not required. (Draft EIR, p. 4.14-12.) Threshold (d): Will the Project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
Waste will be generated during demolition of the existing structures on site, construction, and long-term operation of the Project. The Project’s combined demolition and construction activities will generate approximately 1,487.4 tons of solid waste requiring disposals at a landfill. It is expected the Project will generate 9.4 tons of solid waste per day. Non-recylcable demolition debris, construction waste, and waste generated by Project operations will be disposaed of at the El Sobrante Landfill, Badlands Sanitary Landfill, and/or the Lamb Canyon Sanitary Landfill. There is adequate capacity available at all three (3) of these landfills to accept the Project’s solid waste during demolition, construction and long-term operation. The Project will not generate solid waste in excess of State or local standards or in excess of the capacity of local infrastructure to handle the waste. Therefore, impacts to landfill capacity will be less than significant. (Draft EIR, p. 4.14-12 – 4.14-13.) Threshold (e): Will the Project comply with federal, state, and local management and reduction statutes and regulations related to solid waste? The Project will comply with all applicable federal, State, and local statutes and regulations related to the management and reduction of solid waste and pertaining to waste disposal, reduction, and recycling, including but not limited to, the California Integrated Waste Management Act (AB 939), California Solid Waste Reuse and Recycling Act of 1991, and AB 341 (Mandatory Commercial Recycling Program) The implementation of these mandatory requirements will reduce the amount of solid waste generated by the Project and diverted to landfills, which in turn will aid in the extension of the life of affected disposal sites. As such, impacts related to solid waste statutes and regulations will be less than significant. (Draft EIR, p. 4.14-14.)
F.1.b
Packet Pg. 1514 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 27 Cumulative Effects.

The Project will require the installation of water, sewer, stormwater, electric power, and telecommunications facilities to provide utility service to the Project site. There are no components of the Project’s water, sewer, stormwater drainage, and utility connections will be less-than-cumulatively considerable. (Draft EIR, p. 4.14-14.)
As for water supply, the analysis in the EIR (Technical Appendix M) demonstrates that with implementation of the Project and other cumulative developments, the EMWD will have adequate water supplies during normal, dry, and multiple dry years. Therefore, cumulatively-considerable impacts due to water supply will be less than significant. (Draft EIR, p. 4.14-14.) Under long-term, cumulative conditions, EMWD anticipates future increases in the demand for wastewater treatment services as the population within their service area grows. The Project’s incremental contribution to wastewater generation may contribute to an ultimate need to expand the Moreno Valley Regional Water Reclamation Facility and/or the construction of additional wastewater treatment facilities. However, cumulative development would not exceed the capacity of the wastewater treatment system because the Moreno Valley Regional Water Reclamation Facility would be expanded in the future as growth occurs. Therefore, the Project’s cumulative impacts to wastewater treatment facilities are evaluated as less than significant. (Draft EIR, p. 4.14-14 – 4.14-15.) Lastly, solid waste generated by the construction and operation of the Project would represent nominal proportions of the daily disposal capacity at the El Sobrante Landfill, the Badlands Sanitary Landfill, and/or the Lamb Canyon Sanitary Landfill. Each of these landfills has a sufficient daily capacity to handle solid waste generated by the Project and other cumulative developments both during construction and long-term operation. Cumulative development would not create demands for solid waste services that would exceed the capability of the County’s waste management system.

5.2 EFFECTS DETERMINED TO BE MITIGATED TO LESS THAN SIGNIFICANT LEVELS The City of Moreno Valley having reviewed and considered the information contained in the Final EIR, the Technical Appendices and the administrative record, finds, pursuant to California Public Resources Code 21081(a)(1) and CEQA Guidelines 15091(a)(1) that changes or alterations have been required in, or incorporated into, the Project, which would avoid or substantially lessen to below a level of significance the following potentially significant environmental effects identified in the Final EIR in the following categories:
• Biological Resources (special status species, sensitive habitat, riparian habitat); • Cultural Resources (archaeological resources, paleontological resources); • Geology & Soils (paleontological resources);
• Tribal Cultural Resources (significant tribal cultural resources).

F.1.b
Packet Pg. 1515 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 28 The potentially significant adverse environmental impacts that can be mitigated are listed below. The City finds that these potentially significant adverse impacts can be mitigated to a level that is considered less than significant after implementation of mitigation measures identified in the Final EIR.

BIOLOGICAL RESOURCES
Threshold (a): Will the Project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
The Project site contains suitable foraging and nesting habitat for the burrowing owl. Although no burrowing owls or signs of burrowing owl use were observed on the Project site during focused survey, if burrowing owls are present on the Project site at the time construction activities commence, potential direct impacts to the special would be significant. (Draft EIR, p. 4.3-14.) Findings:

1. Changes or alternatives have been required in, or incorporated into, the Moreno Valley Trade Center Project, which avoid or substantially lessen the significant environmental effect as identified in the EIR.

2. The effects identified in the EIR have been determined not to be significant.

Facts in Support of Findings:

Implementation of MM 4.3-1 will ensure that pre-construction surveys are conducted for the burrowing owl to determine the presence or absence of the species on the Project site. If present, the mitigation measure provides a performance criterion that requires avoidance and/or relocation of burrowing owls in accordance with CDFW protocol. With implementation of the required mitigation measures, potential direct and cumulatively-considerable impacts to the burrowing owl will be reduced to a level of less than significance. (Draft EIR, p. 4.3-23.)
Mitigation Measures:

MM 4.3-1 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:
a) In the event that the pre-construction survey identifies no burrowing owls on the property a grading permit may be issued without restriction.

F.1.b
Packet Pg. 1516 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 29 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 owl, then prior to the issuance of a grading permit and prior to the commencement of ground- disturbing 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 successful passive relocation.

Passive relocation shall follow 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. c) In the event that the pre-construction survey identifies the presence of three (3) or more mating pairs of burrowing owl, the requirements of MSCHP 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:
i. Upon approval and implementation of a property-specific determination of Biologically Superior Preservation (DBESP) report for the burrowing owl by the CDFW; or
ii. 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 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.

F.1.b
Packet Pg. 1517 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 30 Threshold (b): Will the Project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Wildlife Service? The Project would permanently impact 0.57-acre of sensitive habitat subject to CDFW jurisdiction, which are located within Ditch 1 and Ditch 2 on the Project site. Prior to the issuance of grading permits, the Project Applicant will be required to obtain a Lake and Steambed Alteration agreement for impacts to areas under CDFW jurisdiction. (Draft EIR, p. 4.3-15.)
Findings:

2. The effects identified in the EIR have been determined not to be significant.

Facts in Support of Findings:

Implementation of Mitigation Measure MM 4.3-2 will ensure that the Project Applicant obtains a Section 1602 Streambed Alteration Agreement from CDFW and a Section 13260 Waste Discharge Order from the RWQCB and will fully compensate for the permanent impacts to 0.57-acre of senstivie habitat under CDFW jurisdiction through the purchasing of credits. With the implementation of the required mitigation, direct and cumulatively-considerable impacts to sensitive habitat will be reduced to below a level of significance. (Draft EIR, p.4.3-23.)
Mitigation Measures:

MM 4.3-2 Prior to the issuance of grading permits, the Project Applicant shall obtain a Section 1602 Streambed Alteration Agreement from CDFW and a Section 13260 Waste Discharge Order from the RWQCB. In addition, the Project Applicant shall purchase 0.57-acre of re-establishment credits: (a 1:1 mitigation-to-impact ratio) and 0.57-acre of rehabilitation credits (a 1:1 mitigation-to-impact ratio) from the Riverpark Mitigation Bank to compensate for Project impacts to sensitive habitat identified by CDFW.

Threshold (d): Will the Project interfere substantially with the movement of any resident or migratory fish or wildlife species or with established native resident migratory wildlife corridors, or impede the use of native wildlife nursery sites? Implementation of the Project will result in the removal of vegetation (i.e., ornamental trees, shrubs and ground cover) that has the potential to provide roosting and nesting habitat for birds, including migratory and common raptor species. If active nests are present in vegetation to be removed during the Project construction, implementation of the Project could result in substantial, adverse effects to F.1.b
Packet Pg. 1518 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 31 biological resources (i.e., bird nests) that are protected by the MBTA and California Fish and Game Code.

The Project’s potential to impact nesting birds is a significant impact.

Findings:

2. The effects identified in the EIR have been determined not to be significant.

Facts in Support of Findings:

Implementation of Mitigation Measure MM 4.3-3 will ensure that pre-construction surveys are conducted for nesting birds protected by the federal MBTA during the breeding season to determine presence or absence prior to disturbance of habitat with the potential to support nesting birds. If nesting birds are present, the mitigation requires avoidance of active bird nests in conformance with accepted protocols and regulatory requirements. With implementation of the required mitigation, potential direct and cumulatively-considerable impacts to nesting birds protected by the federal MBTA will be reduced to below a level of significance. (Draft EIR, p. 4.3-23.) Mitigation Measures:

MM 4.3-3 Vegetation clearing and ground disturbance shall be prohibited during the migratory bird nesting season (January 31 through September 1), unless a migratory bird nesting survey is completed in accordance with the following requirements:
a) A nesting bird survey shall be conducted on the Project site and within suitable habitat located within a 250-foot radius of the Project site by a qualified biologist within three (3) days prior to initiating vegetation clearing or ground disturbance.
b) If the survey identifies the presence of active nests, then the nests shall not be disturbed unless the qualified biologist verifies through non- invasive methods that either (i) the adult birds have not begun egg-laying and incubation: or (ii) the juveniles from the occupied nests are capable of independent survival.
c) If the biologist is not able to verify any of the conditions from sub-item “b,” above, then no disturbance shall occur within a buffer zone specified by the qualified biologist for each nest or nesting site. The buffer zone shall be speciesappropriate (no less than 100-foot radius around the nest for non-raptors and no more than a 500- foot radius around the nest for raptors) and shall be sufficient to protect the nest from direct and indirect impacts from construction F.1.b
Packet Pg. 1519 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 32 activities, The size and location of buffer zones, if required, shall be based on consultation with the California Department of Fish and Wildlife and the U.S.

Fish and Wildlife Service and shall be subject to review and approval by the City of Moreno Valley. The nests and buffer zones shall be field checked weekly by a qualified biological monitor. The approved buffer zone shall be marked in the field with construction fencing, within which no vegetation clearing or ground disturbance shall commence until the qualified biologist with City concurrence verify that the nests are no longer occupied and/or juvenile birds can survive independently from the nests.

Threshold (f): Will the Project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, other approved local, regional, or State habitat conservation plan?
The Project site is subject to the Western Riverside County MSHCP and its survey requirements for the western burrowing owl. Although the Project is compliant with all MSHCP provisions and although burrowing owl is absent from the Project site under existing conditions, the Project site contains habitat suitable for the species. If the species migrates onto the Project site and is present on the property at the time a grading permit is issued, impacts will be significant. The Project would also impact approximately 0.57-acre of MSHCP riverine are, which is significant. (Draft EIR, pp. 4.3-17 – 4.3-18.) Findings:

2. The effects identified in the EIR have been determined not to be significant.

Facts in Support of Findings:

The potential impacts on nesting migratory birds has been eliminated or substantially lessened to a level of less than significant by virtue of the mitigation measures identified in the EIR. (Draft EIR, p. 4.3-23..) Mitigation Measures:

MM 4.3-1 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:
a) In the event that the pre-construction survey identifies no burrowing owls on the property a grading permit may be issued without restriction.

F.1.b
Packet Pg. 1520 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 33 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 owl, 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 successful passive relocation.

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:
i. Upon approval and implementation of a property- specific Determination of Biologically Superior Preservation (DBESP) report for the burrowing owr l by the
CDFW: or
ii. 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.

MM 4.3-2 Prior to the issuance of grading permits, the Project Applicant shall obtain a Section 1602 Streambed Alteration Agreement from CDFW and a Section 13260 Waste Discharge Order from the RWQCB. In addition, the Project Applicant shall purchase 0.57- acre of re-establishment credits (a 1:1 mitigation-to-impact ratio) and 0.57-acre of F.1.b
Packet Pg. 1521 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 34 rehabilitation credits (a 1:1 mitigation-to-impact ratio) from the Riverpark Mitigation Bank to compensate for Project impacts to sensitive habitat identified by CDFW.

MM 4.3-3 Vegetation clearing and ground disturbance shall be prohibited during the migratory bird nesting season (January 31 through September 1), unless a migratory bird nesting survey is completed in accordance with the following requirements:
a) A nesting bird survey shall be conducted on the Project site and within suitable habitat located within a 250-foot radius of the Project site by a qualified biologist within three (3) days prior to initiating vegetation clearing or ground disturbance.
b) If the survey identifies the presence of active nests, then the nests shall not be disturbed unless the qualified biologist verifies through non- invasive methods that either (i) the adult birds have not begun egg-laying and incubation: or (ii) the juveniles from the occupied nests are capable of independent survival.
c) If the biologist is not able to verify any of the conditions from sub-item “b,” above, then no disturbance shall occur within a buffer zone specified by the qualified biologist for each nest or nesting site. The buffer zone shall be speciesappropriate (no less than 100-foot radius around the nest for non-raptors and no more than a 500- foot radius around the nest for raptors) and shall be sufficient to protect the nest from direct and indirect impacts from construction activities, The size and location of buffer zones, if required, shall be based on consultation with the California Department of Fish and Wildlife and the U.S.

CULTURAL RESOURCES
Threshold (b): Will the Project cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
No known archaeological resources are present on the Project site and the likelihood of uncovering buried prehistoric cultural resources on the Project site is low due to the magnitude of historic ground disturbances on the Project site. Nonetheless, if any prehistoric cultural resources are unearthed during F.1.b
Packet Pg. 1522 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 35 Project construction and are disturbed or damaged by the Project construction activities, impacts to those prehistoric cultural resources would be significant. (Draft EIR, p. 4.4-10 – 4.4-11.) Findings:

2. The effects identified in the EIR have been determined not to be significant.

Facts in Support of Findings:

Implementation of Mitigation Measures MM 4.41-2 through 4.4-6 would ensure the proper identification and subsequent treatment of any significant archaeological resources that may be encountered during ground-disturbing activities associated with Project construction. With implementation of the required mitigation, the Project’s potential impacts to important archaeological resources will be reduced to less than significant. Cumulatively-considerable impacts would likewise be reduced to less than significant. (Draft EIR, p. 4.4-15.) Mitigation Measures
MM 4.4-1 Prior to the issuance of a grading permit, the Developer shall retain a professional archaeologist, who meets the U.s> Secretary of the Interior Standards (SOI), to conduct monitoring of all mass fading and trenching activities. The Project Archaeologist shall have the authority 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) including Agua Caliente Band of Cahuilla Indians, Morongo Band of Mission Indians, Pechanga Band of Luiseno Indians, San Manuel Band of Mission Indians, and Soboba Band of Luiseno Indians, the contractor, and the City, shall develop an Archeological Monitoring Plan 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 AB52 tribal consultation process for the Project, has not opted out of the AB52 consultation process, and has completed AB52 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:
a) Project grading and development scheduling:
b) The development of a rotating schedule in coordination with the Developer and the Project Archeologist for designated Native American Tribal Monitors from the consulting tribes during grading, excavation and ground disturbing activities on the site: including the scheduling, safety requirements, duties, scope of work:
c) The Project archeologist and the Consulting Tribes(s) shall attend the pre-grading meeting with the City, the construction manager and any contractors and will conduct a F.1.b
Packet Pg. 1523 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 36 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 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;
d) If the Native American Tribal 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.
e) 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.

MM 4.4-2 The Developer shall provide a minimum of 30 days advance notice to the tribes of all mass grading and trenching activities.

MM 4.4-3 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 Division:
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. ii. Onsite reburial of the discovered items as detailed in the treatment plan required pursuant to Mitigation Measure 4.4-1. 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 F.1.b
Packet Pg. 1524 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 37 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 Mitigation Measure 4.4-1. The location for the future reburial area shall be identified on a confidential exhibit on file with the City, and concurred to by the Consulting Native American Tribal Governments prior to certification of the environmental document.

MM 4.4-5 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 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 Mitigation Measure 4.4-1 before any further work commences in the affected area.

MM 4.4-6 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).

GEOLOGY AND SOILS
Threshold (f): Will the Project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Although the Project site does not contain any known unique geologic features and no paleontological resources or sites were observed during field investigation, the site does contain Pleistocene older alluvium soils with a high sensitivity for paleontological resources. Accordingly, construction activities F.1.b
Packet Pg. 1525 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 38 on the Project site have the potential to unearth and adversely impact paleontological resource that may be buried beneath the ground surface. (Draft EIR, p. 4.6-13 – 4.6-15.) Findings:

2. The effects identified in the EIR have been determined not to be significant.

Facts in Support of Findings:

Mitigation Measures 4.6-1 through 4.6-4 will ensure the proper identification and subsequent treatment of any paleontological resources that may be encountered during ground-disturbing activities associated with implementation of the Project. Therefore, with implementation of MM 4.6-1 through MM 4.6-4, the Project’s potential impact to paleontological resources would be reduced to less than significant. (Draft EIR, p. 4.6-16.)
Mitigation Measures
MM 4.6.1 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.

MM 4.6-2 The paleontological monitor shall conduct full-time monitoring during grading and excavation operations in undisturbed, Pleistocene older alluvium soils at depths 10 or more feet below the existing 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 paleontological personnel to have a low potential to contain or yield fossil resources.

MM 4.6-3 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, shall be required for discoveries of significance as determined by the paleontological monitor.

F.1.b
Packet Pg. 1526 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 39 MM 4.6-4 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 final building inspection.

TRIBAL CULTURAL RESOURCES
Threshold (a): Will the Project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site feature place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: (i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k); or (ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? In applying the criteria set forth in subdivision (c) of Public Resources Code Section 5024.1, the lead agency shall consider the significance of the resources to a California Native American tribe.

The Project site does not contain any recorded, significant tribal cultural resource sites; therefore, the Project would not cause a substantial adverse change in the significance of a tribal culture resource that is listed or eligible for listing in the California Register of Historical Resources or a local register of historical resources. Nevertheless, due to the Project’s site location in an area where multiple Native American tribes are known to have a cultural affiliation, there is the possibility that tribal cultural resources could be encountered during ground-disturbing construction activities. If a tribal cultural resource be found on the Project site during construction and not protected, a significant impact would occur. (Draft EIR, pp. 4.13-4 – 4.13-5.)
Mitigation Measures
MM 4.4-1 Prior to the issuance of a grading permit, the Developer shall retain a professional archaeologist, who meets the U.s> Secretary of the Interior Standards (SOI), to conduct monitoring of all mass fading and trenching activities. The Project Archaeologist shall have the authority 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) including Agua Caliente Band of Cahuilla Indians, Morongo Band of Mission Indians, Pechanga Band of Luiseno Indians, San Manuel Band of Mission Indians, and Soboba Band of Luiseno Indians, the contractor, and the City, shall develop an Archeological Monitoring Plan 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 AB52 tribal consultation process for the Project, has not opted out of the AB52 consultation process, and has completed AB52 consultation with the City F.1.b
Packet Pg. 1527 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 40 as provided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include:
a) Project grading and development scheduling:
b) The development of a rotating schedule in coordination with the Developer and the Project Archeologist for designated Native American Tribal Monitors from the consulting tribes during grading, excavation and ground disturbing activities on the site: including the scheduling, safety requirements, duties, scope of work:
c) The Project archeologist and the Consulting Tribes(s) 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 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;
d) If the Native American Tribal 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.
e) 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.

MM 4.4-2 The Developer shall provide a minimum of 30 days advance notice to the tribes of all mass grading and trenching activities.

F.1.b
Packet Pg. 1528 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 41 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 Division:
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. ii. Onsite reburial of the discovered items as detailed in the treatment plan required pursuant to Mitigation Measure 4.4-1. 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 Mitigation Measure 4.4-1. The location for the future reburial area shall be identified on a confidential exhibit on file with the City, and concurred to by the Consulting Native American Tribal Governments prior to certification of the environmental document.

MM 4.4-6 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 F.1.b
Packet Pg. 1529 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 42 descendant” shall then make recommendations, and engage in consultations concerning the treatment of the remains (California Public Resources Code 5097.98).

Findings:

2. The effects identified in the EIR have been determined not to be significant.

Implementation of Mitigation Measures 4.4-1 through 4.4-6 would ensure the proper identification and subsequent treatment of any significant tribal cultural resources that may be encountered during ground-disturbing activities associated with the Project development. With implementation of the required mitigation, the Project’s potential impact to significant tribal cultural resources would be reduced to less-than-significant. (Draft EIR, p. 4.13-5.)

5.3 EFFECTS WHICH REMAIN SIGNIFICANT AND UNAVOIDABLE AFTER MITIGATION AND

FINDINGS
The City of Moreno Valley having reviewed and considered the information contained in the Final EIR, Technical Appendices and the administrative record, finds, pursuant to California Public Resources Code 21081(a)(3) and CEQA Guidelines 15091(a)(3), that specific economic, legal, social, technological, or other considerations, makes infeasible the mitigation measures identified in the Final EIR, and therefore, the Project would cause significant and unavoidable impacts to the categories of:

AESTHETICS
Threshold (a): Will the Project have a substantial adverse effect on a scenic vista? Implementation of the Project will mostly or completely block view of Reche Canyon, Badlands, and Mount Russell and its foothills. This would be a significant and unavoidable direct impact. (Draft EIR, pp.

4.1-7 – 4.1-12, 5-1.)
Findings:

1. No mitigation measures are available to reduce or avoid impacts to scenic resources. The impacts will constitute a significant and unavoidable impact.

Facts in Support of Findings:

No feasible mitigation is available to reduce the Project’s significant impact to the views of Reche Canyon, Badlands, and Mount Russell because the components of the Project that are the cause of the impact – the proposed grading plan and building height – are directly related to the ability of the Project to meet minimum functional requirements. Accordingly, the loss of scenic vistas represents a significant and unavoidable direct impact of the Project. (Draft EIR, pp. 4.1-7 – 4.1-12; 4.1-21 – 4.1-22.) F.1.b
Packet Pg. 1530 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 43 AIR QUALITY
Threshold (a): Will the Project conflict with or obstruct implementation of the applicable air quality plan?
The Project will emit air pollutants (NOx) that will contribute to a delay in the attainment of federal and State ozone standards in the SCAB. Because the Project requires a General Plan Amendment, it also will exceed the growth projections contained in SCAQMD’s 2016 AQMP. As such, the Project will conflict with will obstruct implementation of the AQMP. Project impacts due to a conflict with the SCAQMD 2016 AQMP will be significant and unavoidable on both a direct and cumulatively-considerable basis.

Findings:

1. Changes or alterations have been required in, or incorporated into, the Moreno Valley Trade Center project that avoids or substantially lessens the significant environmental effect as identified in the EIR.

2. Impacts associated with conflicts with the SCAQMD 2016 AQMP will constitute a significant and unavoidable impact.

Facts in Support of Findings:

Although MM 4.2-5 through MM 4.2-11 would reduce the Project’s operational-related emissions of NOx, the mitigation measures will not reduce NOx emissions to below the applicable SCAQMD regional threshold. Additionally, the Project will exceed the growth assumptions for the Project site relied upon in the 2016 AQMP, and no feasible mitigation is available to address this impact. Therefore, Project impacts due to a conflict with the 2016 AQMP will be significant and unavoidable on both a direct and cumulatively-considerable basis. This impact would occur under the Project’s warehouse distribution/logistics and e-commerce/fulfillment options. (Draft EIR, p. 4.2-41.) Mitigation Measures:

MM 4.2-5 Legible, durable, weather-proof signs shall be placed at truck access gates, loading docks, and truck parking areas that identify applicable California Air Resources Board (CARB) anti-idling regulations in both English and Spanish. At a minimum, each sign shall include:
1) instructions for truck drivers to shut off engines when not in use for more than three (3) minutes; 2) instructions for drivers of diesel trucks to restrict idling to no more than three (3) minutes once the vehicle is stopped, the transmission is set to “neutral” or “park,” and the parking brake is engaged; and 3) instructions for drivers of diesel trucks equipped with transport refrigeration units (TRUs) to limit TRU idling durations no more than 15 minutes on-site. Prior to the issuance of an occupancy permit, the City of Moreno Valley shall conduct a site inspection to ensure that the signs are in place.

MM 4.2-6 Prior to building permit issuance, the City of Moreno Valley shall ensure that the parking lot striping and security gating plan allows for adequate truck stacking at gates to prevent queuing of trucks outside the property.

F.1.b
Packet Pg. 1531 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 44 MM 4.2-7 Prior to the issuance of a building permit, the Project Applicant or successor in interest shall provide documentation to the City of Moreno Valley demonstrating that the Project is designed to meet or exceed CalGreen Tier 2 standards in effect at the time of building permit application and includes the energy efficiency design features listed below at a minimum. a) Preferential parking locations for carpool, vanpool, EVs and CNG vehicles; b) Secure, weather protected bicycle parking. Conduit shall be installed at bicycle parking areas to accommodate the future, optional installation of electric bicycle charging infrastructure;
c) Installation of the minimum number of passenger vehicle EV charging stations required by Title 24 and the installation of conduit at a minimum of five (5) percent of the Project’s total number of automobile parking spaces to accommodate the future, optional installation of EV charging infrastructure; d) The building’s roof shall be designed and constructed to accommodate the potential, future construction of maximally-sized photovoltaic (PV) solar arrays taking into consideration limitations imposed by other rooftop equipment, roof warranties, building and fire code requirements, and other physical or legal limitations. The building shall include an electrical system and other infrastructure sufficiently-sized to accommodate the potential installation of maximally-sized PV arrays in the future. The electrical system and infrastructure must be clearly labeled with noticeable and
e) The building’s electrical room shall be sufficiently sized to hold additional panels that may be needed in the future to supply power for the future installation of EV truck charging stations on the site. Conduit should be installed from the electrical room to tractor trailer parking spaces in a logical location(s) on the site determined by the Project Applicant during construction document plan check, for the purpose of accommodating the future installation of EV truck charging stations at such time this technology becomes commercially available and the building is being served by trucks with electric-powered engines. f) The building’s electrical room shall be sufficiently sized to hold additional panels that may be needed in the future to supply power to trailers with transport refrigeration units (TRUs) during the loading/unloading of refrigerated goods. Conduit should be installed from the electrical room to the loading docks determined by the Project Applicant during construction document plan check as the logical location(s) to receive trailers with TRUs. Loading docks that may receive trailers with TRUs shall only be located on the north side of the building. g) Outdoor electrical outlets are provided in reasonable locations to maximize the opportunities to use electric-powered landscape maintenance equipment.

F.1.b
Packet Pg. 1532 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 45 h) Use of light-colored paving materials in the passenger vehicle parking areas, drive aisles, and/or truck court;
i) Use of light-colored roofing materials;
j) Use of solar or light-emitting diode (LED) fixtures for outdoor lighting; k) All heating, cooling, and lighting devices and appliances shall be Energy Star certified; and
l) All fixtures installed in restrooms and employee break areas shall be U.S. EPA Certified WaterSense or equivalent.
m) The building contains no more than 50,000 square feet of refrigerated warehouse space. For purposes of this mitigation measure, refrigerated warehouse space shall include all areas kept at a sustained temperature of 55 degrees Fahrenheit or lower.

MM 4.2-8 Prior to building final, the Project Applicant or successor in interest shall install signs and/or painting/striping at on-site driveways and drive aisles to clearly identify the on-site circulation pattern to minimize unnecessary on-site vehicular travel. In addition, the Project owner or operator shall install signs at each truck exit driveway that provides directional information to the City’s truck route. Text on the sign shall read “To Truck Route" with a directional arrow.

MM 4.2-9 Prior to building final, the Project Applicant or successor in interest shall provide the City of Moreno Valley with an information packet that will be provided to future building occupants that: 1) provides information regarding the grants available from the Carl Moyer Memorial Air Quality Standards Attainment Program for energy efficiency improvement features - including truck modernization, retrofits, and/or aerodynamic kits and low rolling resistance tires - and the resulting benefits to air quality: 2) recommends the use of electric or alternatively-fueled sweepers with HEPA filters: 3) recommends the use of water-based or low VOC cleaning products; 4) for occupants with more than 250 employees, information related to SCAQMD Rule 2202, which requires the establishment of a transportation demand management program to reduce employee commute vehicle emissions; 5) notifies occupants of the requirement to provide the City with an annual report demonstrating compliance with SCAQMD Rule 2305; 6) notifies occupants of the requirement to train managers and employees on efficient scheduling and load management to eliminate unnecessary queuing and idling of trucks.

MM 4.2-10 Prior to issuance of occupancy permit, future Project site owner or occupant shall provide written statement to the City of Moreno Valley that that the use of diesel-powered and natural gas-powered outdoor cargo handling equipment (e.g., yard trucks, hostlers, yard goats, pallet jacks, forklifts) on-site is prohibited.

F.1.b
Packet Pg. 1533 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 46 MM 4.2-11 Prior to issuance of occupancy permit, future Project site owner or occupant shall install a sign on the Project site with telephone, email, and regular mail contact information for a designated representative of the occupant who would receive complaints about excessive dust, fumes, or odors. The sign shall also identify contact data for the City for perceived Code violations. The occupant's representative shall keep records of any complaints received and actions taken to communicate with the complainant and resolve the complaint. The occupant's representative shall endeavor to resolve complaints within 24 hours.

Threshold (b): Will the Project result in a cumulatively-considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or State ambient air quality standard?
Project-related activities will exceed the applicable SCAQMD regional thresholds for NOx emissions during long-term operation of the warehouse distribution/logistics and e-commerce/fulfillment options.

As such, Project-related emissions will violate SCAQMD air quality standards and contribute to the nonattainment of ozone standards in the SCAB. This impact is significant. (Draft EIR, pp. 4.2-25 – 4.2-31,

4.2-36.)
Findings:

2. Impacts associated with operational-related emissions of NOx will constitute a significant and unavoidable impact.

Facts in Support of Findings:

MM 4.2-5 through 4.2-11 will require design features to be incorporated into the Project that will reduce the Project’s overall demand for energy resources and will reduce the Project’s operational NOx emissions. However, mobile source emissions account for 96% of the Project’s total operational NOx emission. Nevertheless, EIR concluded that operation of the Project for either warehouse distribution/logistics or e-commerce/fulfillment uses will generate NOx emission that far exceed the applicable SCAQMD regional air quality threshold on a daily basis. The Project’s operational-related NOx emissions will cumulatively contribute to an existing air quality violation in the SCAB as well as cumulatively contribute to the net increase of a criteria pollutant for which the SCAB is non-attainment.

No other mitigation measures area available that are within the City’s jurisdictional authority that, also, are feasible for the City to enforce and have a proportional nexus. As such the Project’s longer-term operational-related emissions of NOx are concluded to result in a significant and unavoidable impact on both a direct and cumulatively-considerable basis. (Draft EIR, p. 4.2-41 – 4.2-42.) Mitigation Measures: Refer above for Mitigation Measures 4.2-5 through 4.2-11.

F.1.b
Packet Pg. 1534 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 47 GREENHOUSE GAS EMISSIONS
Threshold (a): Will the Project generate greenhouse gas emission, either directly or indirectly, that may have a significant impact on the environment?
Operation of the Project as a warehouse distribution/logistics use is calculated to generate between approximately 16,336.94 MTCO2e and 17,552.30 MTCO2e per year. Operation of the Project as an ecommerce/fulfillment use is calculated to generate between approximately 28, 209.57 MTCO2e and 29,006.27 MTCO2e per year. Both of these user options for the Project will exceed the SCAQMD significance threshold of 10,000 MTCO2e per year. As such, the Project will generate substantial, cumulatively-considerable GHG emissions that may have significant impact on the environment. (Draft EIR, pp. 4.7-19 – 4.7-20; 4.7-23.)
Findings:

2. Impacts associated with GHG emissions will constitute a significant and unavoidable impact.

Facts in Support of Findings: The application of MM 4.2-5 through 4.2-11 will reduce Project-related GHG emissions; however, these measures will not substantially reduce the Project’s mobile source emissions, which comprise more than 78% (for the warehouse distribution/logistics option) or more than 87% (for the e-commerce/fulfillment option) of all Project-related GHG emissions. No other mitigation measures are available that are feasible for the City to enforce that have a proportional nexus to the Project’s level of impact. Accordingly, the City finds that the Project’s GHG emissions under both the warehouse distribution/logistics and e-commerce/fulfillment options are a significant and unavoidable cumulatively-considerable impact for which no feasible mitigation is available. (Draft EIR, p.

4.8-1.)
Mitigation Measures: Refer above for Mitigation Measures 4.2-5 through 4.2-11.

5.4 ALTERNATIVES TO THE PROJECT
The Draft EIR addresses the environmental effects of alternatives to the Project. A description of these alternatives, a comparison of their environmental impacts to the Project, and the City’s findings are listed below. These alternatives are compared against the Project relative to the identified Project impacts, summarized in Section 5.2 and Section 5.3, above, and to the Project’s objectives stated in Section 3.0 (“Project Description”) of the Draft EIR.

In making the following alternatives findings, the City certifies that it has independently reviewed and considered the information on alternatives provided in the Draft EIR, including the information provided in the comments on the Draft EIR and the responses thereto.

F.1.b
Packet Pg. 1535 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 48 ALTERNATIVE ONE:

NO DEVELOPMENT
The No Development Alternative considers no development on the Project site beyond what occurs on the site under existing conditions. Under this alternative, the approximately 8.5-acre commercial plant nursery (Adam Hall’s Plant Nursery), three residential buildings, and various associated/accessory buildings and structures would remain on the Project site for the foreseeable future. The remaining portions of the Project site would also remain undeveloped and would be subject to routine maintenance for weed abatement. Implementation of the No Development Project would result in no physical environmental impacts to the Project site beyond those that have historically occurred on the property. Although all significant effects of the Project would be avoided by the selection of this Alternative, this No Development Alternative would fail to meet any of the Project. (Draft EIR, pp. 6-5 – 6-8.)
Findings:

1. The findings of the Project set forth in this document and the overriding social, economic and other issues set forth in the Statement of Overriding Considerations provide support for the Project and the elimination of this alternative from further consideration.

Facts in Support of Findings: The No Development Alternative would result in no physical environmental impacts to the Project site beyond those that have historically occurred on the Project site. All significant effects would be avoided by the selection of this Alternative, but it would fail to meet all of the Project’s objectives. The purpose of the Project is to develop a modern light industrial building in the City in close proximity to the State highway system, to increase employment opportunities, and improve the City’s economic competitiveness. (Draft EIR, pp. 6-5 - 6-8; S-2; Table 6-1: Comparison of Alternatives to the Project.)
ALTERNATIVE TWO:

NO PROJECT ALTERNATIVE
The No Project Alternative would develop the Project site as a master-planned residential community with 145 single-family dwelling units on minimum 20,000 square feet lots. The No Project Alternative would be consistent with the Project site’s General Plan Land Use designation of “Residential: Max 2 du/ac (R2)” and the City’s Zoning designation of Residential Agriculture 2 (RA2) District, which allows single-family residential on the Project site up to a maximum density of 2.0 dwelling units per acre. This Alternative would not require a General Plan Amendment or Change of Zone. (Draft EIR, p. 6-8.) Findings:

Facts in Support of Findings: The No Project Alternative would reduce and likely avoid the Project’s significant and unavoidable impacts to air quality and minimize the Project’s significant and unavoidable GHG emission impacts. However, GHG emission impacts would remain significant and unavoidable. The No Project Alternative would reduce the Project’s less-than-significant impacts to aesthetics, energy, hazards and hazardous materials, noise, transportation (other intersections and road segments), and F.1.b
Packet Pg. 1536 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 49 utilities and service systems. All other impacts from the No Project Alternative would be similar to the Project. However, the No Project Alternative would not meet any of the Project’s objectives. (Draft EIR, pp. 6-8 - 6-12; Table 6-1: Comparison of Alternatives to the Project.) ALTERNATIVE THREE:

REDUCED BUILDING AREA ALTERNATIVE
The Reduced Building Area Alternative considers a proposal where the Project site would be reduced with two separate uses: a light industrial building and an outdoor industrial storage area. Under this Alternative, approximately 52 acres would be developed with an approximately 965,000 square foot light industrial building (including related site improvements such as truck loading/unloading areas and parking, passenger vehicle parking, landscaping, signage, and public utility connections). The light industrial building would be used for warehouse distribution/logistics or fulfillment/e-commerce land uses, similar to the Project. This alternative also provides for approximately 20 acres to be used a paved outdoor storage area with landscaping and screen walls abutting Eucalyptus Avenue and Encelia Avenue to hide the storage area from public view. The outdoor storage area would be used for heavy truck or trailer parking. This alternative was selected by the Lead Agency to evaluate a scenario that would reduce the total building area on the Project site relative to the Project but still allow productive industrial use of the entire Project site. (Draft EIR, pp. 6-12 – 6-16.) Findings:

Facts in Support of Findings: The Reduced Building Area Alternative would reduce – but not avoid – the Project’s significant and unavoidable air quality and GHG emission impacts. The Reduced Building Alternative would reduce the Project’s less-than-significant impacts to energy and utilities and service systems. All other impacts from the Reduced Building Alternative would be similar to the Project.

Further, the Reduced Building Area Alternative would not meet Project Objective “E” due to the incompatibility of an outdoor industrial storage yard abutting existing residential land uses and would meet Project Objectives “A” and “B” less effectively than the Project due to the reduction in the building area on-site. The Reduced Building Area Alternative would meet all of the Project’s other objectives. (Draft EIR, p. 6-16; Table 6-1: Comparison of Alternatives to the Project.) The Reduced Building Area Alternative is identified as the environmentally superior alternative because the Reduced Building Area Alternative would result in the greatest reduction of environmental impacts amount the remaining alternatives as summarized in Table 6-1 of the Draft EIR. (Draft EIR, p. 6-16; Table 6-1.)
F.1.b
Packet Pg. 1537 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 50 6.0 STATEMENT OF OVERRIDING CONSIDERATIONS

6.1 INTRODUCTION
The California Environmental Quality Act (CEQA) and the CEQA Guidelines provide in part the following:
(a) CEQA requires that the decision maker balance the benefits of a Project against its unavoidable environmental risks in determining whether to approve the project. If the benefits of the Project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.” (b) Where the decision of the public agency allows the occurrence of significant effect that are identified in the Final EIR but are not mitigated, the agency must state in writing the reasons to support its action based on the Final EIR and/or other information in the record. This statement may be necessary if the agency also makes the findings under Section 15091(a)(2) or (a)(3) of the CEQA Guidelines.
(c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the Notice of Determination (Section 15093 of the CEQA Guidelines).

The City Council, having reviewed and considered the information contained in the Final EIR for the Project, Responses to Comments and the public record, adopts the following Statement of Overriding Considerations that have been balanced against the unavoidable adverse impacts in reaching a decision on this Project.

6.2 OVERRIDING CONSIDERATIONS
To the extent that the significant effects of the Project are not avoided or substantially lessened to below a level of significance, the City Council, having reviewed and considered the information contained in the Moreno Valley Trade Center EIR and the public record, and having balanced the benefits of the Project against the unavoidable effects which remain, finds that such unmitigated effects to be acceptable in view of the following overriding considerations. The City Council finds that any one of these project benefits standing alone would be sufficient to sustain the Statement of Overriding Considerations:

1. All feasible mitigation measures have been imposed to lessen project impacts to less than significant levels; and furthermore, that alternatives to the Project are infeasible because while they have similar or less environmental impacts, they do not provide the benefits of the Project, or are otherwise socially or economically infeasible when compared to the Project, as described in the Statement of Facts and Findings.

2. The Project is consistent with and will contribute to achieving the goals and objectives established by the General Plan. Implementing the City’s General Plan as a policy is a legal and social prerogative of the City.

3. Approval of the Project will create maximum employment-generating opportunities for citizens of Moreno Valley and surrounding communities. Development and construction of F.1.b
Packet Pg. 1538 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 51 the site will create both temporary on-site jobs as well as indirectly support local and regional jobs. Additionally, construction spending will create a one-time stimulus to the local and regional economics.

4. Approval of the Project will create a Class A speculative light industrial building in Moreno Valley that is designed to meet contemporary industry standards and be economically competitive with similar industrial buildings in the local area and region.

5. Approval of the Project will contribute towards maximizing employment opportunities within the City to improve the jobs-housing balance and to reduce systemic unemployment within the City. The Project will attract businesses that can expedite the delivery of essential goods to consumers and businesses in Moreno Valley and beyond the City boundary.

6. Approval of the Project will create approximately 1,000 new on-site jobs under the warehouse distribution/logistics option and 2,000 new on-site jobs under the ecommerce/fulfillment option.

Although significant impacts will remain, the City will mitigate any significant adverse impacts to aesthetics, air quality, and greenhouse gas emissions to the maximum extent practicable. In its decision to approve the Project, the City Council has considered the Project benefits to outweigh the environmental impacts.

7.0 CERTIFICATION OF THE FINAL EIR

7.1 FINDINGS
The City Council certifies that the Revised Final EIR was prepared in compliance with CEQA and the CEQA Guidelines and that the City Council has complied with CEQA’s procedural and substantive requirements.

The City Council further certifies that it has reviewed and considered the EIR in evaluation the Project and that the EIR reflects the independent judgment and analysis of the City Council. The City Council further finds that no new significant information as defined by CEQA Guidelines Section 15088.5, has been received by the City Council after the circulation of the Draft EIR that would require further recirculation.

Accordingly, the City Council certifies the Final EIR for the Moreno Valley Trade Center.

As the decision-making body for approval, the City Council has reviewed and considered the information contained in the Findings and supporting documentation. The City Council determines that the Findings contain a complete and accurate reporting of the unavoidable impacts and benefits of the Project as detailed in the Statement of Overriding Considerations.

F.1.b
Packet Pg. 1539 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 52 7.2 SIGNIFICANT UNAVOIDABLE IMPACTS
The Project will have significant adverse impacts even following adoption of all feasible mitigation measures which are required by the City Council. The following significant environmental impacts have been identified in the Final EIR and will require mitigation but cannot be mitigated to a level of insignificance:
• Aesthetics: Substantial Adverse Effect on a Scenic Vista • Air Quality: Air Quality Management Plan Conflict
• Air Quality: Criteria Pollutant Emissions
• Greenhouse Gas Emissions: GHG Emissions Generation
Details of these significant unavoidable adverse impacts were discussed in the Final EIR and are summarized, or were otherwise provided in Section 5.3, Environmental Effects Which Remain Significant and Unavoidable After Mitigation and Findings, in the Statement of Facts and Findings.

The City Council has eliminated or substantially reduced environmental impacts where feasible as described in the Findings, and the City Council determines that the remaining unavoidable significant adverse impacts are acceptable due to the reasons set forth in the Statement of Overriding Considerations (See Section 6.0).

CONCLUSIONS

1. Except as to those impacts stated above relating to aesthetics, air quality, and greenhouse gases, all other significant environmental impacts from the implementation of the Project have been identified in the EIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance.

2. Alternative to the Project, which could potentially achieve the basic objectives of the Project, have been considered and rejected in favor of the Project.

3. Environmental, economic, social, and other considerations and benefits derived from the development of the Project override and make infeasible any alternatives to the Project or further mitigation measures beyond those incorporated into the Project.

8.0 ADOPTION OF MITIGATION MONITORING AND REPORTING PROGRAM Pursuant to Public Resources Code Section 21081.6, the City Council hereby adopts, as conditions of approval of the Project, the Mitigation Monitoring and Reporting Plan (MMRP) provided as Resolution Exhibit B. In the event of any inconsistencies between the mitigation measures set forth herein and the attached MMRP, the MMRP shall control, except to the extent that a mitigation measure contained herein is inadvertently omitted from the MMRP, in which case such mitigation measure shall be deemed as if it were included in the MMRP.

F.1.b
Packet Pg. 1540 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park)

EXHIBIT B

MITIGATION MONITORING AND REPORTING PROGRAM
F.1.b
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Table S-1 Mitigation Monitoring and Reporting Program

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY

MONITORING
PARTY

IMPLEMENTATION
STAGE

LEVEL OF

SIGNIFICANCE

4.1 Aesthetics
Summary of Impacts
Threshold a: Significant Direct Impact.

Implementation of the proposed Project would
mostly or completely block existing views of
Reche Canyon and the Foothills and the
Badlands (and the San Bernardino Mountains
beyond) from the Encelia Avenue segment
abutting the Project site and located west of
Shubert Street. In addition, implementation of
the Project would mostly or completely obstruct
views of Mount Russell and its foothills from
the Eucalyptus Avenue segment that abuts the
Project site. The loss of these existing public
views would be significant.

No mitigation feasible mitigation is available. N/A N/A N/A Significant and Unavoidable Impact
Threshold b: No Impact. The Project site is not
located within the viewshed of a scenic highway
and does not contain any scenic resources
visible from a scenic highway.

No mitigation is required. N/A N/A N/A No Impact
Threshold c: Less-than-Significant Impact..

Although the Project would change the visual
character of the site from mainly undeveloped
with a plant nursery and associated structures to
light industrial use, the Project’s surrounding
area is transitioning from rural to urbanized land
uses. Furthermore, the Project proposes a
number of site design, architectural, and
landscaping elements consistent with the Light
Industrial District (LI) requirements of the
City’s Zoning Ordinance.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold d: Less-than-Significant Impact.

Project-related development would not create
substantial light or glare. Compliance with
Moreno Valley Municipal Code requirements
for lighting would ensure less-than-significant
impacts associated with light and glare.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
F.1.b
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LEVEL OF

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4.2 Air Quality
Summary of Impacts
Threshold a: Significant Direct and
Cumulatively-Considerable Impact. Under
warehouse distribution/logistics and ecommerce/fulfillment options, the Project would exceed the growth projections contained
in SCAQMD’s 2016 AQMP and, also, would
emit air pollutants that would contribute to a
delay in the attainment of federal and State
ozone standards in the SCAB. As such, the
Project would conflict with and could obstruct
implementation of the AQMP.

MM 4.2-1 The Project shall comply with the
provisions of South Coast Air Quality Management
District Rule 403, “Fugitive Dust.” Rule 403 requires
implementation of best available dust control measures
during construction activities that generate fugitive
dust, such as earth moving, grading, and equipment
travel on unpaved roads. Rule 403 also requires
activities defined as “large operations” to notify the
SCAQMD by submitting specific forms. The
following notes shall be listed on the Project’s grading plans, to be confirmed by the City of Moreno Valley
prior to grading permit issuance. Project construction
contractors shall be required by their contracts to ensure compliance with the notes, submit any required “large
operations” forms to the SCAQMD, and permit
periodic inspection of the construction site by City of Moreno Valley staff or its designee to confirm
compliance.
a) During grading and ground-disturbing
construction activities, the construction contractor
shall ensure that all unpaved roads, active soil
stockpiles, and areas undergoing active ground
disturbance within the Project site are watered at
least three (3) times daily during dry weather.

Watering, with complete coverage of disturbed
areas by water truck, sprinkler system, or other
comparable means, shall occur in the midmorning, afternoon, and after work is done for the day. The contractor or builder shall designate a
person or persons to monitor the dust control
program and to order increased watering, as
necessary, to prevent transport of dust off-site.
b) Temporary signs shall be installed on the
construction site along all unpaved roads
indicating a maximum speed limit of 15 miles per
Project Applicant;
Project Construction
Contractors
City of Moreno
Valley Building and
Safety Division,
and Land
Development
Division
Prior to grading permit
issuance and on-going
during construction
Significant and
Unavoidable Direct and
CumulativelyConsiderable Impact
F.1.b
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IMPLEMENTATION
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LEVEL OF

SIGNIFICANCE
hour (MPH). The signs shall be installed before
construction activities commence and remain in
place for the duration of construction activities
that include vehicle activities on unpaved roads.
c) Gravel pads must be installed at all access points
to prevent tracking of mud onto public roads.
d) Install and maintain trackout control devices in
effective condition at all access points where
paved and unpaved access or travel routes
intersect (e.g., install wheel shakers, wheel
washers, limit site access).
e) When materials are transported off-site, all
material shall be covered or effectively wetted to
limit visible dust emissions, and at least six inches
of freeboard space from the top of the container
shall be maintained.
f) All street frontages adjacent to the construction
site shall be swept at least once a day using
SCAQMD Rule 1186 certified street sweepers
utilizing water trucks (reclaimed water, if
available) if visible soil materials are carried to
adjacent streets.
g) Post a publicly visible sign with the telephone
number and person to contact regarding dust
complaints. This person shall respond and initiate
corrective action to legitimate complaints within
24 hours.
h) Any vegetative cover to be utilized onsite shall be
planted as soon as possible to reduce the disturbed
area subject to wind erosion. Irrigation systems
required for these plants shall be installed as soon
as possible to maintain good ground cover and to
minimize wind erosion of the soil.
i) Any on-site stock piles of debris, dirt, or other
dusty material shall be covered or watered as
F.1.b
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SIGNIFICANCE
necessary to minimize fugitive dust pursuant to
SCAQMD Rule 403.
j) A high wind response plan shall be formulated and
implemented for enhanced dust control if winds
are forecast to exceed 25 mph in any upcoming
24-hour period.

MM 4.2-2 The Project shall comply with the
provisions of South Coast Air Quality Management
District Rule 1186 “PM10 Emissions from Paved and
Unpaved Roads and Livestock Operations” and Rule
1186.1, “Less-Polluting Street Sweepers” by
complying with the following requirements. To ensure
and enforce compliance with these requirements, prior
to grading and building permit issuance, the City of
Moreno Valley shall verify that the following notes are included on the grading and building plans and within
the construction management plan. Project
construction contractors shall be required to ensure
compliance with the notes and permit periodic
inspection of the construction site by City of Moreno
Valley staff or its designee to confirm compliance.
a) If visible dirt or accumulated dust is carried onto
paved roads during construction, the contractor
shall remove such dirt and dust at the end of each
work day by street cleaning.
b) Street sweepers shall be certified by the South
Coast Air Quality Management District as
meeting the Rule 1186 sweeper certification
procedures and requirements for PM10-efficient
sweepers. All street sweepers having a gross
vehicle weight of 14,000 pounds or more shall be
powered with alternative (non-diesel) fuel or
otherwise comply with South Coast Air Quality
Management District Rule 1186.1.

Project Applicant;
Project Construction
Contractors
City of Moreno
Valley Building and
Safety Division and
Land Development
Division
Prior to grading and
building permit issuance
and on-going during
construction
MM 4.2-3 Prior to building permit issuance, the City
of Moreno Valley shall verify that a note is provided on all building plans specifying that compliance with
Project Applicant;
Project Construction
Contractors
City of Moreno
Valley Building and
Safety Division and
Prior to building permit
issuance
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IMPLEMENTATION
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LEVEL OF

SIGNIFICANCE
SCAQMD Rule 1113 is mandatory during application
of all architectural coatings. Project contractors shall be required to comply with the note and maintain
written records of such compliance that can be
inspected by the City of Moreno Valley upon request.

This note also shall indicate that only “supercompliant” low VOC paint products (no more than 10 gram/liter of VOC) shall be used. All other
architectural coatings shall comply with the VOC limits prescribed by SCAQMD Rule 1113.

Land Development
Division
MM 4.2-4 Project construction contractors shall
assure that all construction equipment complies with all applicable California Air Resources Board (CARB) air
quality regulations. Also, Project construction
contractors shall tune and maintain all construction
equipment in accordance with the equipment
manufacturer’s recommended maintenance schedule
and specifications. Maintenance records for all pieces
of equipment shall be kept on-site for the duration of
construction activities and shall be made available for periodic inspection by City of Moreno Valley staff or
their designee.

Project Construction
Contractors
City of Moreno
Valley Building and
Safety Division and
Land Development
Division
Prior to the issuance of a
grading permit and ongoing during construction
MM 4.2-5 Legible, durable, weather-proof signs
shall be placed at truck access gates, loading docks, and truck parking areas that identify applicable California Air Resources Board (CARB) anti-idling regulations in
both English and Spanish. At a minimum, each sign
shall include: 1) instructions for truck drivers to shut off engines when not in use for more than three (3)
minutes; and 2) instructions for drivers of diesel trucks to restrict idling to no more than three (3) minutes once the vehicle is stopped, the transmission is set to
“neutral” or “park,” and the parking brake is engaged;
and 3) instructions for drivers of diesel trucks equipped with transport refrigeration units (TRUs) to park on the north side of the building and limit TRU idling
durations to no more than 15 minutes on-site. Prior to
the issuance of an occupancy permit, the City of
Project Applicant City of Moreno
Valley Building and
Safety Division
Prior to the issuance of an
occupancy permit
F.1.b
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MONITORING
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IMPLEMENTATION
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LEVEL OF

SIGNIFICANCE
Moreno Valley shall conduct a site inspection to ensure that the signs are in place.

MM 4.2-6 Prior to building permit issuance, the City
of Moreno Valley shall ensure that the parking lot
striping and security gating plan allows for adequate
truck stacking at gates to prevent queuing of trucks
outside the property.

Project Applicant City of Moreno
Valley Planning
Division, Building
and Safety
Division, and Land
Development
Division
Prior to the issuance of a
building permit
MM 4.2-7 Prior to the issuance of a building permit,
the Project Applicant or successor in interest shall
provide documentation to the City of Moreno Valley
demonstrating that the Project is designed to meet or
exceed CalGreen Tier 2 standards in effect at the time
of building permit application and includes the energy
efficiency design features listed below at a minimum.
a) Preferential parking locations for carpool,
vanpool, EVs and CNG vehicles;
b) Secure, weather protected bicycle parking.

Conduit shall be installed at bicycle parking areas
to accommodate the future, optional installation
of electric bicycle charging infrastructure;
c) Installation of the minimum number of passenger
vehicle EV charging stations required by Title 24
and the installation of conduit at a minimum of
five (5) percent of the Project’s total number of
automobile parking spaces to accommodate the
future, optional installation of EV charging
infrastructure;
d) The building’s roof shall be designed and
constructed to accommodate the potential, future
construction of maximally-sized photovoltaic
(PV) solar arrays taking into consideration
limitations imposed by other rooftop equipment,
roof warranties, building and fire code
requirements, and other physical or legal
Project Applicant or
successor in interest
City of Moreno
Valley Planning
Division and
Building and Safety
Division
Prior to the issuance of a
building permit
F.1.b
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IMPLEMENTATION
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LEVEL OF

SIGNIFICANCE
limitations. The building shall include an
electrical system and other infrastructure
sufficiently-sized to accommodate the potential
installation of maximally-sized PV arrays in the
future. The electrical system and infrastructure
must be clearly labeled with noticeable and
permanent signage which informs future
occupants/owners of the existence of this
infrastructure;
e) The building’s electrical room shall be
sufficiently sized to hold additional panels that
may be needed in the future to supply power for
the future installation of EV truck charging
stations on the site. Conduit should be installed
from the electrical room to tractor trailer parking
spaces in a logical location(s) on the site
determined by the Project Applicant during
construction document plan check, for the
purpose of accommodating the future installation
of EV truck charging stations at such time this
technology becomes commercially available and
the building is being served by trucks with
electric-powered engines.
f) The building’s electrical room shall be
sufficiently sized to hold additional panels that
may be needed in the future to supply power to
trailers with transport refrigeration units (TRUs)
during the loading/unloading of refrigerated
goods. Conduit should be installed from the
electrical room to the loading docks determined
by the Project Applicant during construction
document plan check as the logical location(s) to
receive trailers with TRUs. Loading docks that
may receive trailers with TRUs shall only be
located on the north side of the building.
g) Outdoor electrical outlets are provided in
reasonable locations to maximize the
F.1.b
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IMPLEMENTATION
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LEVEL OF

SIGNIFICANCE
opportunities to use electric-powered landscape
maintenance equipment.
h) Use of light-colored paving materials in the
passenger vehicle parking areas, drive aisles,
and/or truck court;
i) Use of light-colored roofing materials;
j) Use of solar or light-emitting diode (LED)
fixtures for outdoor lighting;
k) All heating, cooling, and lighting devices and
appliances shall be Energy Star certified; and
l) All fixtures installed in restrooms and employee
break areas shall be U.S. EPA Certified
WaterSense or equivalent; and
m) The building contains no more than 50,000 square
feet of refrigerated warehouse space. For
purposes of this mitigation measure, refrigerated
warehouse space shall include all areas kept at a
sustained temperature of 55 degrees Fahrenheit or
lower.

MM 4.2-8 Prior to building final, the Project
Applicant or successor in interest shall install signs
and/or painting/striping at on-site driveways and drive aisles to clearly identify the on-site circulation pattern to minimize unnecessary on-site vehicular travel. In
addition, the Project owner or operator shall install
signs at each truck exit driveway that provides
directional information to the City’s truck route. Text on the sign shall read “To Truck Route” with a
directional arrow.

Project Applicant or
successor in interest
City of Moreno
Valley Planning
Division, Building
and Safety
Division, and Land
Development
Division
Prior to building final
MM 4.2-9 Prior to building final, the Project
Applicant or successor in interest shall provide the City of Moreno Valley with an information packet that will
be provided to future building occupants that: 1)
provides information regarding the grants available
Project Applicant or
successor in interest
City of Moreno
Valley Planning
Division and
Building and Safety
Division
Prior to building final
F.1.b
Packet Pg. 1549 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Moreno Valley Trade Center
Environmental Impact Report S.0 Executive Summary
City of Moreno Valley October 2021
Page S-15
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from the Carl Moyer Memorial Air Quality Standards
Attainment Program for energy efficiency
improvement features – including truck modernization,
retrofits, and/or aerodynamic kits and low rolling
resistance tires – and the resulting benefits to air
quality; 2) recommends the use of electric or
alternatively-fueled sweepers with HEPA filters; 3)
recommends the use of water-based or low VOC
cleaning products; and 4) for occupants with more than
250 employees, information related to SCAQMD Rule
2202, which requires the establishment of a
transportation demand management program to reduce
employee commute vehicle emissions; 5) notifies
occupants of the requirement to provide the City with
an annual report demonstrating compliance with
SCAQMD Rule 2305; 6) notifies occupants of the
requirement to train managers and employees on
efficient scheduling and load management to eliminate
unnecessary queuing and idling of trucks.

MM 4.2-10 Prior to issuance of occupancy permit,
future Project site owner or occupant shall provide
written statement to the City of Moreno Valley that that the use of diesel-powered and natural-gas powered
outdoor cargo handling equipment (e.g., yard trucks,
hostlers, yard goats, pallet jacks, forklifts) on-site is prohibited unless such equipment meets CARB Tier 4
standards.

Project site owner or
occupant
City of Moreno
Valley Planning
Division and
Building and Safety
Division
Prior to issuance of
occupancy permit
MM 4.2-11 Prior to issuance of occupancy permit,
future Project site owner or occupant shall install a sign on the Project site with telephone, email, and regular
mail contact information for a designated
representative of the occupant who would receive
complaints about excessive dust, fumes, or odors. The
sign shall also identify contact data for the City for
perceived Code violations. The occupant’s
representative shall keep records of any complaints
received and actions taken to communicate with the
complainant and resolve the complaint. The occupant’s
Project site owner or
occupant
City of Moreno
Valley Planning
Division and
Building and Safety
Division
Prior to issuance of
occupancy permit
F.1.b
Packet Pg. 1550 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Moreno Valley Trade Center
Environmental Impact Report S.0 Executive Summary
City of Moreno Valley October 2021
Page S-16
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representative shall endeavor to resolve complaints
within 24 hours.

Threshold b: Significant Direct and
Cumulatively-Considerable Impact. Projectrelated activities would exceed the applicable SCAQMD regional thresholds for NOX
emissions during long-term operation of the
warehouse distribution/logistics and ecommerce/fulfillment options. As such, Project-related emissions would violate
SCAQMD air quality standards and contribute
to the non-attainment of ozone standards in the
SCAB.

Refer to MM 4.2-5 through MM 4.2-11, above. Significant and Unavoidable Direct and
CumulativelyConsiderable Impact
Threshold c: Less-than-Significant Impact.

Implementation of the Project for either
warehouse distribution/logistics or ecommerce/fulfillment uses would not: 1) exceed applicable SCAQMD localized criteria
pollution emissions thresholds during
construction and operation; 2) expose sensitive
receptors to toxic air contaminants (i.e., DPM)
that exceed the applicable SCAQMD
carcinogenic and non-carcinogenic risk
thresholds; nor 3) cause or contribute to the
formation of a CO “hot spot.”
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold d: Less-than-Significant Impact. The
Project would not produce air emissions that
would lead to unusual or substantial
construction-related or operational-related
odors under the warehouse distribution/logistics
or e-commerce/fulfillment options.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact

4.3 Biological Resources
Summary of Impacts
Threshold a: Significant Direct and
Cumulatively-Considerable Impact. The
Project site contains suitable foraging and
nesting habitat for the burrowing owl. In the
event the burrowing owl is present on the
MM 4.3-1 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 Project Biologist City of Moreno
Valley Planning
Division and
Building and Safety
Division
Within 30 days prior to
grading
Less-than-Significant
Impact after Mitigation
F.1.b
Packet Pg. 1551 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Moreno Valley Trade Center
Environmental Impact Report S.0 Executive Summary
City of Moreno Valley October 2021
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Project site at the time construction commences,
implementation of the Project has the potential
to take burrowing owl individuals.
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:
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
owl, 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 successful passive relocation.

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
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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:
i. Upon approval and implementation of a propertyspecific Determination of Biologically Superior Preservation (DBESP) report for the burrowing
owl by the CDFW; or
ii. 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 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.

Threshold b: Significant Direct and
Cumulatively-Considerable Impact. The
Project would permanently impact 0.57-acre of
sensitive habitat as defined by CDFW.

MM 4.3-2 Prior to the issuance of grading permits,
the Project Applicant shall obtain a Section 1602
Streambed Alteration Agreement from CDFW and a
Section 13260 Waste Discharge Order from the
RWQCB. In addition, the Project Applicant shall
purchase 0.57-acre of re-establishment credits (a 1:1
mitigation-to-impact ratio) and 0.57-acre of
rehabilitation credits (a 1:1 mitigation-to-impact ratio) from the Riverpark Mitigation Bank to compensate for
Project impacts to sensitive habitat identified by
CDFW.

Project Applicant City of Moreno
Valley Planning
Division and
Building and Safety
Division
Prior to the issuance of
grading permits
Less-than-Significant
Impact after Mitigation
F.1.b
Packet Pg. 1553 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Moreno Valley Trade Center
Environmental Impact Report S.0 Executive Summary
City of Moreno Valley October 2021
Page S-19
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In the event that compensatory mitigation credits are
not available from the Riverpark Mitigation Bank at the time of grading permit issuance, the Project Applicant
shall instead purchase riparian habitat rehabilitation
credits from the Santa Ana River Watershed In-Lieu
Fee Program (SARW-ILFP) at a 2:1 mitigation-toimpact ratio (1.14 acres). In such an event, the Project’s DBESP report (Technical Appendix C3) shall
be amended to note that the SARW-ILFP would be
used as the alternative mitigation program for the
Project and the amended DBESP shall be provided to
the City of Moreno Valley, the USFWS, and CDFW.

Threshold c: No Impact. The Project would not
have a substantial adverse effect on State or
federally protected wetlands as defined by
Section 404 of the Clean Water Act through
direct removal, filling, hydrological
interruption, or other means.

No mitigation is required. N/A N/A N/A No Impact
Threshold d: Significant Direct and
Cumulatively-Considerable Impact. There is
no potential for the Project to interfere with the
movement of fish or impede the use of a native
wildlife nursery site. However, the Project has
the potential to impact nesting migratory birds
protected by the MBTA and CFGC, should
habitat removal occur during the nesting season
and should nesting birds be present.

Project Biologist City of Moreno
Valley Planning
Division and
Building and Safety
Division
Within three (3) days prior
to initiating vegetation
clearing or ground
disturbance
Less-than-Significant
Impact after Mitigation
F.1.b
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Environmental Impact Report S.0 Executive Summary
City of Moreno Valley October 2021
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c) If the biologist is not able to verify any of the
conditions from sub-item “b,” above, then no
disturbance shall occur within a buffer zone
specified by the qualified biologist for each nest
or nesting site. The buffer zone shall be speciesappropriate (no less than 100-foot radius around the nest for non-raptors and no more than a 500-
foot radius around the nest for raptors) and shall
be sufficient to protect the nest from direct and
indirect impacts from construction activities, The
size and location of buffer zones, if required, shall
be based on consultation with the California
Department of Fish and Wildlife and the U.S. Fish
and Wildlife Service and shall be subject to
review and approval by the City of Moreno
Valley. The nests and buffer zones shall be field
checked weekly by a qualified biological monitor.

The approved buffer zone shall be marked in the
field with construction fencing, within which no
vegetation clearing or ground disturbance shall
commence until the qualified biologist with City
concurrence verify that the nests are no longer
occupied and/or juvenile birds can survive
independently from the nests.

Threshold e: Less-than-Significant Impact. The
Project would not conflict with any local
policies or ordinances protecting biological
resources.

No mitigation is required N/A N/A N/A Less-than-Significant Impact
Threshold f: Significant Direct and
Cumulatively-Considerable Impact. The
Project site is subject to the Western Riverside
County MSHCP and its survey requirements for
the western burrowing owl. Although the
Project is compliant with all MSHCP provisions
and although burrowing owl is absent from the
Project site under existing conditions, the
Project site contains habitat suitable for the
species. If the species migrates onto the Project
site is present on the property at the time a
Refer to MM 4.3-1 through MM 4.3-3, above. Less-than-Significant Impact after Mitigation
F.1.b
Packet Pg. 1555 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Moreno Valley Trade Center
Environmental Impact Report S.0 Executive Summary
City of Moreno Valley October 2021
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grading permit is issued, impacts would be
significant. The Project also would impact
approximately 0.57-acre of MSHCP riverine
area, which would be significant.

4.4 Cultural Resources
Summary of Impacts
Threshold a: No Impact. No historic resources,
as defined by CEQA Guidelines Section
15064.5, are present on the Project site;
therefore, no historic resources could be altered
or destroyed by construction or operation of the
Project.

N/A N/A N/A N/A No Impact
Threshold b: Significant Direct and
Cumulatively-Considerable Impact. No known
archaeological resources are present on the
Project site and the likelihood of uncovering
buried prehistoric cultural resources on the
Project site is low due to the magnitude of
historic ground disturbance on the Project site.

Nonetheless, the potential exists for Projectrelated construction activities to result in a direct and cumulatively-considerable impact to
significant subsurface prehistoric
archaeological resources should such resources
to be discovered during Project-related
construction activities.

MM 4.4-1 Prior to the issuance of a grading permit,
the Developer shall retain a professional archaeologist, who meets the U.S. Secretary of the Interior Standards
(SOI), to conduct monitoring of all mass grading and
trenching activities. The Project Archaeologist shall
have the authority 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) including Agua Caliente Band of
Cahuilla Indians, Morongo Band of Mission Indians,
Pechanga Band of Luiseño Indians, San Manuel Band
of Mission Indians, and Soboba Band of Luiseño
Indians, the contractor, and the City, shall develop an Archeological Monitoring Plan 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 AB52 tribal consultation process for the Project, has
not opted out of the AB52 consultation process, and has completed AB52 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:
a) Project grading and development scheduling;
Project Developer;
Project Archaeologist
City of Moreno
Valley Planning
Division and
Building and Safety
Division
Prior to the issuance of a
grading permit
Less-than-Significant
Impact after Mitigation
F.1.b
Packet Pg. 1556 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Moreno Valley Trade Center
Environmental Impact Report S.0 Executive Summary
City of Moreno Valley October 2021
Page S-22
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b) The development of a rotating schedule in
coordination with the Developer and the Project
Archeologist for designated Native American
Tribal Monitors from the consulting tribes during
grading, excavation and ground disturbing
activities on the site: including the scheduling,
safety requirements, duties, scope of work;
c) The Project archeologist and the Consulting
Tribes(s) 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 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;
d) If the Native American Tribal 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
F.1.b
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Environmental Impact Report S.0 Executive Summary
City of Moreno Valley October 2021
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Project Archaeologist shall evaluate the suspected
resource and make a determination of significance
pursuant to California Public Resources Code
Section 21083.2.
e) 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.

MM 4.4-2 The Developer shall provide a minimum
of 30 days advance notice to the tribes of all mass
grading and trenching activities.

Project Developer;
Project Archaeologist
City of Moreno
Valley Planning
Division and
Building and Safety
Division
Prior to the issuance of a
grading permit
MM 4.4-3 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 Division:
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.
ii. Onsite reburial of the discovered items as
detailed in the treatment plan required
pursuant to Mitigation Measure 4.4-1. This
shall include measures and provisions to
protect the future reburial area from any
Project Developer;
Project Archaeologist
City of Moreno
Valley Planning
Division and
Building and Safety
Division
In the event that Native
American cultural
resources are discovered
during the course of
grading (inadvertent
discoveries)
F.1.b
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Environmental Impact Report S.0 Executive Summary
City of Moreno Valley October 2021
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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 Mitigation Measure 4.4-1. The
location for the future reburial area shall be
identified on a confidential exhibit on file
with the City, and concurred to by the
Consulting Native American Tribal
Governments prior to certification of the
environmental document.

MM 4.4-4 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 Developer;
Project Archaeologist
City of Moreno
Valley Building and
Safety Division
Prior to issuance of grading
permit and if any suspected
archaeological resources
are discovered during
ground-disturbing
activities
MM 4.4-5 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 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
Project Developer;
Project Archaeologist
City of Moreno
Valley Planning
Division and
Building and Safety
Division
If potential archaeological
resources are uncovered
during excavation or
construction activities at
the project site
F.1.b
Packet Pg. 1559 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Moreno Valley Trade Center
Environmental Impact Report S.0 Executive Summary
City of Moreno Valley October 2021
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Historic Preservation Officer (SHPO) and any and all
Consulting Native American Tribes as defined in
Mitigation Measure 4.4-1 before any further work
commences in the affected area.

Threshold c: Less-than-Significant Impact. In
the unlikely event that human remains are
discovered during Project grading or other
ground disturbing activities, the Project would
be required to comply with provision of State
law related to the discovery, treatment, and
disposition of human remains. Mandatory
compliance with State law would ensure that
human remains, if encountered, are
appropriately treated and would preclude the
potential for significant impacts to human
remains.

MM 4.4-6 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).

County Coroner City of Moreno
Valley Planning
Division and
Building and Safety
Division
If human remains are
discovered
Less-than-Significant
Impact

4.5 Energy
Summary of Impacts
Threshold a: Less-than-Significant Impact. The
amount of energy and fuel consumed by
construction and operation of the Project would
not be inefficient, wasteful, or unnecessary.

Furthermore, the Project would not cause or
result in the need for additional energy facilities
or energy delivery systems.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold b: Less-than-Significant Impact. The
Project would not cause or result in the need for
additional energy production or transmission
facilities. The Project would not conflict with
or obstruct the achievement of energy
conservation goals within the State of
California identified in State and local plans for
renewable energy and energy efficiency.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact

4.6 Geology and Soils
Summary of Impacts
Threshold a: Less-than-Significant Impact.

Implementation of the Project would not expose
people or structures to substantial direct or
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
F.1.b
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Environmental Impact Report S.0 Executive Summary
City of Moreno Valley October 2021
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indirect adverse effects related to liquefaction
or fault rupture. The Project site is subject to
seismic ground shaking associated with
earthquakes; however, mandatory compliance
with local and State regulatory requirements
and building codes would ensure that the
Project minimizes potential hazards related to
seismic ground shaking.

Threshold b: Less-than-Significant Impact.

Implementation of the Project would not result
in substantial soil erosion or loss of topsoil. The
Project Applicant would be required to obtain a
National Pollutant Discharge Elimination
System (NPDES) permit for construction
activities and adhere to a Storm Water Pollution
Prevention Plan (SWPPP), and prepare an
erosion control plan to minimize water and
wind erosion. Following completion of
development, the Project’s owner or operator
would be required to implement a Water
Quality Management Plan (WQMP) during
operation, which would preclude substantial
erosion impacts.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold c: Less-than-Significant Impact.

There is no potential for the Project’s
construction or operation to cause, or be
impacted by, on- or off-site landslides or lateral
spreading. Potential hazards associated with
unstable soils would be precluded through
mandatory adherence to the recommendations
contained in the site-specific geotechnical
report during Project construction.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold d: No Impact. The Project site
contains soils with no susceptibility to
expansion; therefore, the Project would not
create substantial direct or indirect risks to life
or property associated with the presence of
expansive soils.

No mitigation is required. N/A N/A N/A No Impact
F.1.b
Packet Pg. 1561 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Moreno Valley Trade Center
Environmental Impact Report S.0 Executive Summary
City of Moreno Valley October 2021
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Threshold e: No Impact. No septic tanks or
alternative wastewater disposal systems are
proposed to be installed on the Project site.

No mitigation is required. N/A N/A N/A No Impact
Threshold f: Significant Direct and
Cumulatively-Considerable Impact. The
Project would not impact any known
paleontological resource or unique geological
feature. However, the Project site contains
Pleistocene older alluvium soils with a high
sensitivity for paleontological resources.

Accordingly, construction activities on the
Project site have the potential to unearth and
adversely impact paleontological resource that
may be buried beneath the ground surface.

MM 4.6-1 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;
Project Paleontologist
City of Moreno
Valley Planning
Division and
Building and Safety
Division
Prior to the issuance of a
grading permit
Less-than-Significant
Impact after Mitigation
MM 4.6-2 The paleontological monitor shall
conduct full-time monitoring during grading and
excavation operations in undisturbed, Pleistocene older alluvium soils at depths 10 or more feet below the
existing 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 paleontological personnel to have a low
potential to contain or yield fossil resources.

Project Applicant;
Project Paleontologist
City of Moreno
Valley Planning
Division and
Building and Safety
Division
During monitoring
activities
MM 4.6-3 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
Project Applicant;
Project Paleontologist
City of Moreno
Valley Planning
Division
If a significant
paleontological resource is
discovered on the project
site
F.1.b
Packet Pg. 1562 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Moreno Valley Trade Center
Environmental Impact Report S.0 Executive Summary
City of Moreno Valley October 2021
Page S-28
Table S-1 Mitigation Monitoring and Reporting Program

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY

MONITORING
PARTY

IMPLEMENTATION
STAGE

LEVEL OF

SIGNIFICANCE
Science Museum in Hemet, California, shall be
required for discoveries of significance as determined
by the paleontological monitor.

MM 4.6-4 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 final
building inspection.

Project Applicant;
Project Paleontologist
City of Moreno
Valley Planning
Division and
Building and Safety
Division
Prior to final building
inspection

4.7 Greenhouse Gas Emissions
Summary of Impacts
Threshold a: Significant CumulativelyConsiderable Impact. Operation of the Project is calculated to generate GHG emissions that
exceed the SCAQMD significance threshold of
10,000 MTCO2e per year, whether the Project
is used for warehouse distribution/logistics or ecommerce/fulfillment.

Refer to MM 4.2-5 through MM 4.2-11, above. N/A N/A N/A Significant and Unavoidable
CumulativelyConsiderable Impact
Threshold b: Less-than-Significant Impact. The
Project would be consistent with or otherwise
would not conflict with, applicable regulations,
policies, plans, and policy goals that would
further reduce GHG emissions.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact

4.8 Hazards and Hazardous Materials
Summary of Impacts
Threshold a and b: Less-than-Significant
Impact. During Project construction and
operation, mandatory compliance to federal,
State, and local regulations would ensure that
the proposed Project would not create a
significant hazard to the environment due to
routine transport, use, disposal, or upset of
hazardous materials.

MM 4.8-1 Prior to the issuance of any demolition
permits, the Project Applicant shall provide evidence to the City that a pre-demolition survey for asbestoscontaining materials (ACMs) and lead-based paint (LBP) has been conducted for each building to be
demolished. If ACMs or LBP are detected, MM 4.8-2
shall be implemented.

Project Applicant City of Moreno
Valley Building and
Safety Division
Prior to the issuance of any
demolition permits
Less-than-Significant
Impact
MM 4.8-2 In the event that ACMs or LBP are
detected during the pre-construction survey required by Mitigation Measure MM 4.8-1, the Project Applicant
shall provide evidence to the City that all ACMs and
LBP have been removed and disposed of according to
Project Applicant City of Moreno
Valley Building and
Safety Division
In the event that ACMs or
LBP are detected during
the pre-construction survey
required by Mitigation
Measure MM 4.8-1
F.1.b
Packet Pg. 1563 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Moreno Valley Trade Center
Environmental Impact Report S.0 Executive Summary
City of Moreno Valley October 2021
Page S-29
Table S-1 Mitigation Monitoring and Reporting Program

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY

MONITORING
PARTY

IMPLEMENTATION
STAGE

LEVEL OF

SIGNIFICANCE
applicable laws and regulations, as outlined in “Steps
to Lead Safe Removal, Renovation, and Disposal”
(U.S. EPA-740- K-11-001) issued October 2011
(www.epa.gov/lead) for LBP and “Standards for
Demolition and Removal” (40 CFR Section 61.145)
under the Asbestos National Emission Standard for
Hazardous Air Pollutants (NESHAP)
(www.epa.gov/asbestos) for ACMs.

MM 4.8-3 In the event that any unidentified
subsurface feature, oil, or chemical-stained concrete is discovered during grading or other ground-disturbing
construction activity, all activity in the vicinity of the unidentified material shall be halted and a qualified
hazardous materials professional shall be called to
inspect the site and determine if further assessment is needed. The results of any testing shall be provided to the City. In the event that the material is determined not to be hazardous, no further action is required. In the
event that the material is deemed hazardous,
removal/remediation shall be conducted pursuant to
applicable State Department of Toxic Substances
Control (DTSC) or California Code of Regulations
(CCR) Title 22 hazardous waste criteria or
contamination standards for industrial land uses. This
work must be carried out by a qualified hazardous
materials professional hired by the Project Applicant.

Prior to the completion of material removal, the Project Applicant shall submit evidence to the City for review
and approval demonstrating that the hazardous material
has been appropriately removed/remediated. This
measure shall be implemented to the satisfaction of the City of Moreno Valley’s Community Development
Department.

Hazardous Materials
Professional
City of Moreno
Valley Building and
Safety Division
In the event that any
unidentified subsurface
feature, or chemicalstained concrete is
discovered during grading
or other ground-disturbing
construction activity
Threshold c: Less-than-Significant Impact. The
Project would not emit hazardous emissions or
handle hazardous or acutely hazardous
materials, substances, or waste within onequarter mile of an existing or proposed school.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
F.1.b
Packet Pg. 1564 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Moreno Valley Trade Center
Environmental Impact Report S.0 Executive Summary
City of Moreno Valley October 2021
Page S-30
Table S-1 Mitigation Monitoring and Reporting Program

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY

MONITORING
PARTY

IMPLEMENTATION
STAGE

LEVEL OF

SIGNIFICANCE
Threshold d: No Impact. The Project site is not
located on any list of hazardous materials sites
complied pursuant to Government Code
Section 65962.5.

No mitigation is required. N/A N/A N/A No Impact
Threshold e: Less-than-Significant Impact. The
Project would not result in an airport safety
hazard for people residing or working in the
Project area.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold f: Less-than-Significant Impact. The
Project site does not contain any emergency
facilities nor does it serve as an emergency
evacuation route. Accordingly, implementation
of the Project would not impair implementation
of or physically interfere with an adopted
emergency response plan or an emergency
evacuation plan.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold g: No Impact. The Project site is not
located in close proximity to wildlands or areas
with high fire hazards. Thus, the Project would
not expose people or structures to a significant
wildfire risk.

No mitigation is required. N/A N/A N/A No Impact

4.9 Hydrology and Water Quality
Summary of Impacts
Threshold a: Less-than-Significant Impact. The
Project would not violate any water quality
standards or waste discharge requirements or
otherwise substantially degrade surface or
ground water quality. Adherence to a SWPPP
and WQMP is required as part of the Project’s
implementation to address construction- and
operational-related water quality.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold b: Less-than-Significant Impact. The
Project would not substantially decrease
groundwater supplies or interfere substantially
with groundwater recharge such that the Project
would impede sustainable groundwater
management of the Perris North Groundwater
Basin.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
F.1.b
Packet Pg. 1565 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Moreno Valley Trade Center
Environmental Impact Report S.0 Executive Summary
City of Moreno Valley October 2021
Page S-31
Table S-1 Mitigation Monitoring and Reporting Program

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY

MONITORING
PARTY

IMPLEMENTATION
STAGE

LEVEL OF

SIGNIFICANCE
Threshold c: Less-than-Significant Impact. The
Project Applicant would be required to comply
with applicable water quality regulatory
requirements to minimize erosion and siltation.

Additionally, the Project would not result in
flooding on- or off-site or impede/redirect flood
flows. Lastly, the Project would not create or
contribute runoff that would exceed the
capacity of existing or planned stormwater
drainage systems or provide substantial
additional sources of polluted runoff.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold d: No Impact. The Project site would
not be subject to inundation from tsunamis,
seiches, or other hazards.

No mitigation is required. N/A N/A N/A No Impact
Threshold e: Less-than-Significant Impact. The
Project would not conflict with or obstruct
implementation of a water quality control plan
or sustainable groundwater management plan.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Land Use and Planning
Summary of Impacts
Threshold a: No Impact. The Project would not
physically divide an established community.

No mitigation is required. N/A N/A N/A No Impact
Threshold b: Less-than-Significant Impact. The
Project’s proposed General Plan Amendment
would eliminate inconsistencies between the
proposed land use and the site’s existing
General Plan land use designation. The Project
would not result in significant land use and
planning conflicts in the context of compliance
with applicable environmental plans, policies,
and regulations beyond those identified in other
Subsections of this EIR.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact

4.10 Noise
Summary of Impacts
Threshold a: Less-than-Significant Impact.

The Project would generate short-term
construction and long-term operational noise
but would not generate noise levels during
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
F.1.b
Packet Pg. 1566 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Moreno Valley Trade Center
Environmental Impact Report S.0 Executive Summary
City of Moreno Valley October 2021
Page S-32
Table S-1 Mitigation Monitoring and Reporting Program

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY

MONITORING
PARTY

IMPLEMENTATION
STAGE

LEVEL OF

SIGNIFICANCE
construction and/or operation that exceed the
standards established by the City of Moreno
Valley General Plan or Municipal Code.

Threshold b: Less-than-Significant Impact. The
Project’s construction and operational activities
would not result in a perceptible groundborne
vibration or noise.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold c: Less-than-Significant Impact. The
Project site is not located within an area
exposed to high levels of airport noise. As such,
the Project would not expose people to
excessive noise levels associated with a public
airport or public use airport.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact

4.11 Transportation
Summary of Impacts
Threshold a: Less-than-Significant Impact. The
Project would not conflict with a program, plan,
ordinance or policy addressing the circulation
system such that the Project would result in a
significant impact on the environment.

Although the Project would contribute to traffic
congestion and hinder compliance with General
Plan Circulation Element Policy 5.3 related to
LOS criteria, SB 743 and the CEQA Guidelines
stipulate that LOS is not to be used as a criteria
for determining significant effects on the
environment.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold b: Less-than-Significant Impact. The
Project would not result in a significant VMT
impact under the scenarios where the Project is
operated as either a warehouse
distribution/logistics use or an ecommerce/fulfillment use when all Project design features that would promote nonvehicular transportation and would reduce VMT from employee commutes are considered.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
F.1.b
Packet Pg. 1567 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Moreno Valley Trade Center
Environmental Impact Report S.0 Executive Summary
City of Moreno Valley October 2021
Page S-33
Table S-1 Mitigation Monitoring and Reporting Program

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY

MONITORING
PARTY

IMPLEMENTATION
STAGE

LEVEL OF

SIGNIFICANCE
Threshold c: Less-than-Significant Impact. No
significant transportation safety hazards would
be introduced as a result of the proposed
Project.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold d: No Impact. Adequate emergency
access would be provided to the Project site
during construction and long-term operation.

The Project would not result in inadequate
emergency access to the site or surrounding
properties.

No mitigation is required. N/A N/A N/A No Impact

4.12 Tribal Cultural Resources
Summary of Impacts
Threshold a: Significant Direct and
Cumulatively-Considerable Impact. The
Project site does not contain any recorded,
significant tribal cultural resource sites;
therefore, the Project would not cause a
substantial adverse change in the significance
of a tribal cultural resource that is listed or
eligible for listing in the California Register of
Historical Resources or a local register of
historical resources. Nonetheless, Project
construction activities have the potential to
unearth and adversely impact tribal cultural
resources that may be buried or masked at the
Project site.

MM 4.4-1 through 4.4-6 shall apply. Refer to MM 4.4-1
through 4.4-6
Refer to MM 4.4-1
through 4.4-6
Refer to MM 4.4-1 through

4.4-6
Less-than-Significant
Impact

4.13 Utilities and Service Systems
Summary of Impacts
Threshold a: Less-than-Significant Impact. The
physical environmental effects associated with
installing the Project’s water, wastewater,
stormwater drainage, and electric power
infrastructure is evaluated throughout this EIR
and no adverse impacts specific to the provision
utilities services have been identified.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold b: Less-than-Significant Impact.

EMWD is expected to have sufficient water
supplies to service the Project. The Project
No mitigation is required. N/A N/A N/A Less-than-Significant Impact
F.1.b
Packet Pg. 1568 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Moreno Valley Trade Center
Environmental Impact Report S.0 Executive Summary
City of Moreno Valley October 2021
Page S-34
Table S-1 Mitigation Monitoring and Reporting Program

THRESHOLD MITIGATION MEASURES (MM) RESPONSIBLE
PARTY

MONITORING
PARTY

IMPLEMENTATION
STAGE

LEVEL OF

SIGNIFICANCE
would not exceed the EMWD’s available
supply of water during normal years, single-dry
years, or multiple-dry years.

Threshold c: Less-than-Significant Impact.

EMWD would provide wastewater treatment
services to the Project site via the Moreno
Valley Regional Water Reclamation Facility,
which would have adequate capacity to service
the Project and no new or expanded facilities
would be needed.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold d: Less-than-Significant Impact.

There is adequate capacity available at the El
Sobrante Landfill, Badlands Sanitary Landfill,
and Lamb Canyon Sanitary Landfill to accept
the Project’s solid waste during both
construction and long-term operation. The
Project would not generate solid waste in excess
of State or local standards or in excess of the
capacity of local infrastructure to handle the
waste.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
Threshold e: Less-than-Significant Impact. The
Project would comply with all applicable
federal, State, and local statutes and regulations
related to the management and reduction of
solid waste and pertaining to waste disposal,
reduction, and recycling.

No mitigation is required. N/A N/A N/A Less-than-Significant Impact
F.1.b
Packet Pg. 1569 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade

EXHIBIT C

STATEMENT OF OVERRIDING CONSIDERATIONS
F.1.b
Packet Pg. 1570 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park)

STATEMENT OF OVERRIDING CONSIDERATIONS

INTRODUCTION
The California Environmental Quality Act (CEQA) and the CEQA Guidelines provide in part the following:
(a) CEQA requires that the decision maker balance the benefits of a Project against its unavoidable environmental risks in determining whether to approve the project. If the benefits of the Project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.”
(b) Where the decision of the public agency allows the occurrence of significant effect that are identified in the Final EIR but are not mitigated, the agency must state in writing the reasons to support its action based on the Final EIR and/or other information in the record. This statement may be necessary if the agency also makes the findings under Section 15091(a)(2) or (a)(3) of the CEQA Guidelines.
(c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the Notice of Determination (Section 15093 of the CEQA Guidelines).

OVERRIDING CONSIDERATIONS
To the extent that the significant effects of the Project are not avoided or substantially lessened to below a level of significance, the City Council, having reviewed and considered the information contained in the Moreno Valley Trade Center EIR and the public record, and having balanced the benefits of the Project against the unavoidable effects which remain, finds that such unmitigated effects to be acceptable in view of the following overriding considerations. The City Council finds that any one of these project benefits standing alone would be sufficient to sustain the Statement of Overriding Considerations:

1. Approval of the Project will create maximum employment-generating opportunities for citizens of Moreno Valley and surrounding communities. Development and construction of the site will create both temporary on-site jobs as well as indirectly support local and regional F.1.b
Packet Pg. 1571 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) jobs. Additionally, construction spending will create a one-time stimulus to the local and regional economics.

3. Approval of the Project will contribute towards maximizing employment opportunities within the City to improve the jobs-housing balance and to reduce systemic unemployment within the City. The Project will attract businesses that can expedite the delivery of essential goods to consumers and businesses in Moreno Valley and beyond the City boundary.

4. Approval of the Project will create approximately 1,000 new on-site jobs under the warehouse distribution/logistics option and 2,000 new on-site jobs under the e-commerce/fulfillment option.

5. Approval of the Project will result in the development and operation of a state‐ of‐the‐art logistics center that takes advantage of existing and planned infrastructure, is technologically feasible to construct, and in the general vicinity of similar industrial logistics and distribution center uses.

8. Approval of the Project will facilitate the development of long-standing underutilized and vacant land.

F.1.b
Packet Pg. 1572 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (5846 : Moreno Valley Trade Center/Park) 1 RESOLUTION NUMBER 2022-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO

VALLEY, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT
(PEN19-0191), TENTATIVE PARCEL MAP (PEN19-0234), AND PLOT PLAN (PEN19-0193) FOR THE DEVELOPMENT OF A 1,263,271

SQUARE FOOT WAREHOUSE DISTRIBUTION/LOGISTICS CENTER

KNOWN AS THE MORENO VALLEY TRADE CENTER PROJECT

LOCATED AT EUCALYPTUS AVENUE, WEST OF REDLANDS

BOULEVARD, NORTH OF ENCELIA AVENUE, AND EAST OF QUINCY

CHANNEL
(APN’S 488-340-002 through 488-340-012)
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California; and
WHEREAS, MVTC, LLC, a Delaware limited liability company (“Applicant”) is proposing the development of a 1,263,271 square foot, modern light industrial building to be used as a warehouse distribution/logistics center, or, in the alternative, as an ecommerce facility, commonly known as the Moreno Valley Trade Center (“Proposed Project”), which includes associated site improvements, such as but not limited to, drive aisles, landscaping, utility infrastructure, water quality basins, exterior lighting, walls/fencing, and signage, as more fully described in the Environmental Impact Report (EIR), a copy of which is incorporated herein by this reference as though set forth in full; and
WHEREAS, the Proposed Project is located on land situated on Eucalyptus Avenue, west of Redlands Boulevard, north of Encelia Avenue, and east of Quincy Channel (APN’S 488-340-002 through 488-340-012) (“Project Site”); and WHEREAS, the Proposed Project includes the following requested entitlements:
1) General Plan Amendment (PEN19-0191), 2) Change of Zone (PEN19-0192) and corresponding amendment to the City’s Zoning Atlas, 3) Tentative Parcel Map (PEN19-0234), and 4) Plot Plan (PEN19-0193); and
WHEREAS, the purpose of General Plan Amendment (PEN19-0191) is to change the Land Use Designation of the Project Site under the City of Moreno Valley General Plan Land Use Map from Residential 2 (R2) to Business Park (BP); and WHEREAS, the purpose of Change of Zone (PEN19-0192) is to rezone the Project Site from Residential Agriculture 2 District (RA2) to Light Industrial District (LI), and to remove the Project Site’s “Primary Animal Keeping Overlay (PAKO)” overlay classification; and
WHEREAS, the purpose of Tentative Parcel Map (PEN19-0234 is to merge the existing 11 parcels into a single parcel; and
F.1.c
Packet Pg. 1573 Attachment: Resolution - General Plan Amendment - Tentative Parcel Map - Plot Plan [Revision 2] (5846 : Moreno Valley Trade Center/Park) 2 WHEREAS, the purpose of Plot Plan (PEN19-0193) is to construct an approximately 1,263,271 square foot Warehouse/Distribution building on the Project Site with associated parking, landscape improvements and off-site public improvements; and WHEREAS, the Proposed Project was considered by the Planning Commission at a duly noticed public hearing conducted on October 28, 2021, and the Planning Commission voted 4-0 to deny the Proposed Project; and
WHEREAS, the Applicant appealed the Planning Commission’s decision as set forth in Appeal Application (PAA21-0001) and a duly noticed public hearing on the appeal was conducted by the City Council on December 7, 2021; and WHEREAS, at the public hearing held on December 7, 2021, the City Council did not rule on the appeal, but rather, after receiving public testimony unanimously voted to continue the public hearing regarding the Draft EIR and the Proposed Project to a date uncertain; and
WHEREAS, the Applicant has taken into consideration several issues raised by the Planning Commission in its denial of the Proposed Project and input it received from members of the public and the City Council at the December 7, 2021 public hearing, and submitted various revisions to the Proposed Project that the Applicant represented are responsive to the various concerns raised by members of the public, the Planning Commission and the City Council; and
WHEREAS, since none of the proposed revisions presented by the Applicant nor recommended by staff require any modifications or revisions to General Plan Amendment (PEN19-0191) and Change of Zone (PEN19-0192), as originally presented on October 28, 2021, at the Planning Commission public hearing and on December 7, 2021 City Council public hearing, the City Council is not required to refer the Proposed Project back to the Planning Commission for a recommendation prior to taking final action of the Proposed Project, as revised; and
WHEREAS, on June 21, 2022, the City Council conducted a duly noticed continued public hearing on the Proposed Project, as revised, and considered the Proposed Project’s Environmental Impact Report and related Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations; and WHEREAS, on June 21, 2022, in accordance with the provisions of the California Environmental Quality Act (CEQA) and CEQA Guidelines, the City Council considered and approved Resolution 2022-____ certifying the Proposed Project’s Environmental Impact Report, adopting a Mitigation Monitoring and Reporting Program and approving a Statement of Overriding Considerations.

F.1.c
Packet Pg. 1574 Attachment: Resolution - General Plan Amendment - Tentative Parcel Map - Plot Plan [Revision 2] (5846 : Moreno Valley Trade Center/Park) 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals and Exhibits
That the foregoing Recitals and attached Exhibits are true and correct and are hereby incorporated by this reference.

Section 3. Evidence
That the City Council has considered all of the evidence submitted into the administrative record for the Proposed Project, 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) Applications for 1) General Plan Amendment (PEN19-0191), 2) Change of Zone (PEN19-0192) and corresponding amendment to the City’s Zoning Atlas, 3) Tentative Parcel Map (PEN19-0234), and 4) Plot Plan (PEN19- 0193) and all documents, records and references contained therein; (d) Proposed Project’s Environmental Impact Report and related Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations;
(e) Proposed conditions of approval for the Proposed Project; (f) Staff Reports prepared for the Planning Commission for its October 28, 2021 public hearing and the City Council for its December 7, 2021 public hearing;
(g) Staff Reports prepared for the City Council for the June 21, 2022 public hearing;
(h) Staff’s presentation at the December 7, 2021 and June 21, 2022 City Council public hearings;
(i) Testimony and/or comments from Applicant and its representatives during the December 7, 2021 and June 21, 2022 public hearings; and (j) Testimony and/or comments from all persons that was provided in written format or correspondence, at, or prior to, the December 7, 2021 and June 21, 2022 public hearings.

Section 4. Findings
That based on the foregoing Recitals and the Evidence, the City Council makes the following findings:

F.1.c
Packet Pg. 1575 Attachment: Resolution - General Plan Amendment - Tentative Parcel Map - Plot Plan [Revision 2] (5846 : Moreno Valley Trade Center/Park) 4 (a) That General Plan Amendment (PEN19-0191) is consistent with existing goals, objectives, policies and programs of the 2040 General Plan and will not adversely affect the public health, safety or general welfare; (b) That the Proposed Project, which includes Plot Plan (PEN19-0193), is consistent with the goals, objectives, policies and programs of the 2040 General Plan; complies with all applicable zoning and other regulations and will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; and the location, design and operation of the Proposed Project will be compatible with existing and planned land uses in the vicinity; and
(c) That Tentative Parcel Map (PEN19-0234) involves at least one parcel that is undeveloped by any structure for which a building permit was issued and is consistent with the 2040 General Plan.

Section 5. Approval
That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings set forth above, the City Council hereby approves 1) General Plan Amendment (PEN19-0191), 2) Tentative Parcel Map (PEN19-0234), and 3) Plot Plan (PEN19-0193) subject to the respective conditions of approval as set forth in Exhibit A, attached hereto, and the mitigation measures set forth in the Mitigation Monitoring and Reporting Program approved by the City Council through the adoption of Resolution No. ________.

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 shall certify to the passage of this Resolution.

F.1.c
Packet Pg. 1576 Attachment: Resolution - General Plan Amendment - Tentative Parcel Map - Plot Plan [Revision 2] (5846 : Moreno Valley Trade Center/Park) 5 PASSED AND ADOPTED THIS _____ day of _______________, 2022. _______________________________
Dr. Yxstian A. Gutierrez, Mayor
ATTEST:
___________________________
Brian Mohan, Acting City Clerk
APPROVED AS TO FORM:
__________________________
Steven B. Quintanilla, Interim City Attorney
Exhibit A:

Conditions of Approval for 1) General Plan Amendment (PEN19-0191), 2) Tentative Parcel Map (PEN19-0234), and 4) Plot Plan (PEN19-0193)
F.1.c
Packet Pg. 1577 Attachment: Resolution - General Plan Amendment - Tentative Parcel Map - Plot Plan [Revision 2] (5846 : Moreno Valley Trade Center/Park) 6 EXHIBIT A

CONDITIONS OF APPROVAL
[To be attached]
F.1.c
Packet Pg. 1578 Attachment: Resolution - General Plan Amendment - Tentative Parcel Map - Plot Plan [Revision 2] (5846 : Moreno Valley Trade Center/Park)

CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN19-0234)
Plot Plan (PEN19-0193)

Page 1 ends

Moreno Valley City CouncilJune 21, 2022

Moreno Valley City Council
June 21, 2022