Agenda packet, regular meeting — Moreno Valley City Council, December 6, 2022 (part 4 of 5)

Certificates for Alexandrea Stigall
Basic Information
First Name Alexandrea
Last Name Stigall
Status Active
Associated Labs
Total 7 items.

Lab Name Manager Name Full Address District
Page
Alias
RMA Group - Main
Lab
Slawek Dymerski 12130 Santa Margarita Ct.,
Rancho Cucamonga, CA 91730
8 Lab 1
RMA Group -at All
American Asphalt
Corona
Raymond Alcantara 1776 All American Way, Corona,
CA 92879
8 Lab 2
RMA Group - PCC
#7
Ray Alcantara 12130 Santa Margarita Ct.,
Rancho Cucamonga, CA 91730
8 Lab 3
RMA Group - PCC
#1
Slawek Dymerski 12130 Santa Margarita Ct.,
Rancho Cucamonga, CA 91730
8 Lab 4
RMA Group -
PCC#2
Slawek Dymerski 12130 Santa Margarita Ct.,
Rancho Cucamonga, CA 91730
8 Lab 5
RMA Group Slawek Dymerski 10671 Jeffrey Rd, Irvine, CA
92602
12 Lab 6

LICENSES AND LABORATORY CERTIFICATIONS

ALEXANDREA STIGALL CERTIFICATIONS
A.24.d
Packet Pg. 920
Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 47 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4

LICENSES AND LABORATORY CERTIFICATIONS
SIAD TL-0113: CALTRANS ACCREDITATION LABORATORY INSPECTION REPORT

STATE OF CALIFORNIA

DEPARTMENT OF

TRANSPORTATION

CALTRANS ACCREDITATION LABORATORY INSPECTION REPORT
Please verify lab accreditation by visiting SIAD website: https://sia.dot.ca.gov/

Page 1 ends

Expiration
Date: 2023-10-11
Inspected By: Rabiul Hyder
IA No.: 136
Phone: 916-708-7152
RSP #: 75
File: Material Category 500
Laboratory: RMA Group - Main Lab
Address: 12130 Santa Margarita Ct Rancho
Cucamonga CA, 91730
Lab QC Mgr.: Raymond Alcantara
E-mail: [email protected]
Telephone: 909-989-1751
Fax #.: 909-989-4287
A certified Independent Assurance (IA) visited this
laboratory on 2022-10-11
Only the equipment to be used on Caltrans Construction
projects and/or local construction projects on the
National Highway System was checked for qualification.

At the time of Caltrans Accreditation, this laboratory had all necessary equipment to perform the test methods
indicated below.

Testing personnel shall be Caltrans Qualified and
possess a current Caltrans Certification Form TL-0111
or AASHTO Proficiency Form TL-0115 prior to
performing any sampling or testing.

AASHTO T11 AASHTO T27 AASHTO R47 AASHTO R76 AASHTO T84
AASHTO T85 AASHTO T96 AASHTO T166 AASHTO T176 AASHTO T209 AASHTO T210 AASHTO T248 AASHTO T255 AASHTO T269 AASHTO T275 AASHTO T283 AASHTO T304 AASHTO T308 AASHTO T312 AASHTO T324 AASHTO T329 AASHTO T335 ASTM D4791 CT 105 CT 106
CT 125 ADMIX CT 125 AGG CT 125 BIT CT 125 CEM CT 125 GEN CT 125 HMA CT 201 CT 202 CT 204 CT 205
CT 206 CT 207 CT 208 CT 211 CT 212
CT 213 CT 214 CT 216 CT 217 CT 226
CT 227 CT 229 CT 231 CT 234 CT 235
CT 301 CT 304 CT 306 CT 308 CT 309
CT 366 CT 370 CT 371 CT 375 CT 382
CT 384 CT 389 CT 504 CT 518 CT 521
CT 523.1 Section B.1 & B.2 CT 523.2 Section B.3 CT 524 CT 531 CT 533 CT 539 CT 540 CT 543 CT 556 CT 557
CT 643
A visual check was performed and documents provided as necessary for the following items:
/uni2713Facility Safety Manual /uni2713Copies of current applicable test procedures /uni2713Laboratory Procedures Manual /uni2713Calibration and service documentation /uni2713Laboratory Quality Control Manual /uni2713Calibration stickers affixed to test equipment /uni2713Proper test equipment (dated within the 12 months) A.24.d
Packet Pg. 921
Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 48 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4

LICENSES AND LABORATORY CERTIFICATIONS
SIAD TL-0113: CALTRANS ACCREDITATION LABORATORY INSPECTION REPORT

STATE OF CALIFORNIA

DEPARTMENT OF

TRANSPORTATION

CALTRANS ACCREDITATION LABORATORY INSPECTION REPORT
Please verify lab accreditation by visiting SIAD website: https://sia.dot.ca.gov/

Page 2 ends

On 2022-10-11 , this laboratory was Caltrans Qualified by:

RABIUL HYDER
(Printed name of IA person) (Signature of IA person)
A.24.d
Packet Pg. 922
Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 49 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4 SIAD TL-0113: CALTRANS ACCREDITATION LABORATORY INSPECTION REPORT

STATE OF CALIFORNIA

DEPARTMENT OF

TRANSPORTATION

CALTRANS ACCREDITATION LABORATORY INSPECTION REPORT
Please verify lab accreditation by visiting SIAD website: https://sia.dot.ca.gov/

Page 1 ends

Expiration Date: 2023-05-13
Inspected By: Robby Rodriguez
IA No.: 74
Phone: 916-240-3821
RSP #: 120
File: Material Category 500
Laboratory: RMA Group -at All American Asphalt
Corona
Address: 1776 All American Way Corona CA,
92879
Lab QC Mgr.: Steve Pitzer
E-mail: [email protected]
Telephone: 949-521-1048
Fax #.:

A certified Independent Assurance (IA) visited this
laboratory on 2022-05-13
Only the equipment to be used on Caltrans Construction
projects and/or local construction projects on the
National Highway System was checked for qualification.

At the time of Caltrans Accreditation, this laboratory had all necessary equipment to perform the test methods
indicated below.

Testing personnel shall be Caltrans Qualified and
possess a current Caltrans Certification Form TL-0111
or AASHTO Proficiency Form TL-0115 prior to
performing any sampling or testing.

AASHTO T11 AASHTO T27 AASHTO R47 AASHTO R76 AASHTO T176 AASHTO T255 AASHTO T308 AASHTO T329 CT 105 CT 106
CT 125 AGG CT 125 BIT CT 125 GEN CT 125 HMA CT 201
CT 202 CT 217 CT 226 CT 304 CT 306
CT 370 CT 382
A visual check was performed and documents provided as necessary for the following items:

Facility Safety Manual Copies of current applicable test procedures Laboratory Procedures Manual Calibration and service documentation Laboratory Quality Control Manual Calibration stickers affixed to test equipment Proper test equipment (dated within the 12 months)
On 2022-05-13 , this laboratory was Caltrans Qualified by:

Robby Rodriguez
(Printed name of IA person) (Signature of IA person)

LICENSES AND LABORATORY CERTIFICATIONS
A.24.d
Packet Pg. 923
Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 50 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4

LICENSES AND LABORATORY CERTIFICATIONS
SIAD TL-0113: CALTRANS ACCREDITATION LABORATORY INSPECTION REPORT

STATE OF CALIFORNIA

DEPARTMENT OF

TRANSPORTATION

CALTRANS ACCREDITATION LABORATORY INSPECTION REPORT
Please verify lab accreditation by visiting SIAD website: https://sia.dot.ca.gov/

Page 1 ends

Expiration Date: 2023-02-17
Inspected By: Brandt Houchen
IA No.: 117
Phone: 916-203-7992
RSP #: 123
File: Material Category 500
Laboratory: RMA Group
Address: 10671 Jeffrey Rd Irvine CA, 92602
Lab QC Mgr.: Slawek Dymerski
E-mail: [email protected]
Telephone: 909-989-1751
Fax #.: 909-989-4287
A certified Independent Assurance (IA) visited this
laboratory on 2022-02-17
Only the equipment to be used on Caltrans Construction
projects and/or local construction projects on the
National Highway System was checked for qualification.

At the time of Caltrans Accreditation, this laboratory had all necessary equipment to perform the test methods
indicated below.

Testing personnel shall be Caltrans Qualified and
possess a current Caltrans Certification Form TL-0111
or AASHTO Proficiency Form TL-0115 prior to
performing any sampling or testing.

AASHTO T11 AASHTO T27 AASHTO R47 AASHTO R76 AASHTO T176 AASHTO T248 AASHTO T255 AASHTO T308 AASHTO T329 CT 105
CT 125 AGG CT 125 BIT CT 125 GEN CT 125 HMA CT 201
CT 202 CT 217 CT 226 CT 370 CT 382
A visual check was performed and documents provided as necessary for the following items:
/uni2713Facility Safety Manual /uni2713Copies of current applicable test procedures /uni2713Laboratory Procedures Manual /uni2713Calibration and service documentation /uni2713Laboratory Quality Control Manual /uni2713Calibration stickers affixed to test equipment /uni2713Proper test equipment (dated within the 12 months) On 2022-02-17 , this laboratory was Caltrans Qualified by:

Brandt Houchen IA 117
(Printed name of IA person) (Signature of IA person)
A.24.d
Packet Pg. 924
Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 51 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4

LICENSES AND LABORATORY CERTIFICATIONS
A.24.d
Packet Pg. 925
Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 52 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4

LICENSES AND LABORATORY CERTIFICATIONS
A.24.d
Packet Pg. 926
Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 53 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4

LICENSES AND LABORATORY CERTIFICATIONS
A.24.d
Packet Pg. 927
Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 54 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4

LICENSES AND LABORATORY CERTIFICATIONS
A.24.d
Packet Pg. 928
Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 55 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4

LICENSES AND LABORATORY CERTIFICATIONS
A.24.d
Packet Pg. 929
Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 56 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4

LICENSES AND LABORATORY CERTIFICATIONS
A.24.d
Packet Pg. 930
Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 57 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4

LICENSES AND LABORATORY CERTIFICATIONS
A.24.d
Packet Pg. 931
Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 58 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4

LICENSES AND LABORATORY CERTIFICATIONS
9/13/22, 10:26 AM Tracker - Materials Testing Laboratories https://www.apps2.dgs.ca.gov/DSA/Tracker/LabInfo.aspx?LabId=17 1/2

DGS Links
DGS Home
DSA Home
DSA News
Tracker Links
Materials Testing Lab's
Laboratory Qualifications
Laboratory Name:RMA Group
Address:12130 Santa Margarita Court City:Rancho Cucamonga Zip:91730 Phone:(909) 989-1751

Acceptance/Renewal
Date: 04/25/2021 Expiration
Date: 04/25/2025
Engineering
Manager (EM): Slawek Dymerski NDT Level III
Administrator: Bill Huston
Email: [email protected]
Laboratory
Supervisor(s): Marta Landaverde Field
Supervisor(s): Edward Wielogorski
Structural Test Qualifications
Soils Concrete Structural Steel
Aggregates Shotcrete High Strength Bolts
Reinforcing Steel Structural Masonry Non Destructive (NDT) Post Installed Anchors Other Roofing Pavers, A/C
Special Inspection Qualifications
Earthwork Shotcrete High Strength Bolting
Reinforced Concrete Structural Masonry Spray-Applied Fireproofing Prestressed Concrete Structural Welding Batch Plant (Continuous) Post Installed Anchors Other

A.24.d
Packet Pg. 932
Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 59 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4

This is to attest that
RMA GROUP, INC.
12130 SANTA MARGARITA COURT
RANCHO CUCAMONGA, CALIFORNIA 91730, U.S.A.

Testing Laboratory TL-622
has met the requirements of AC89, IAS Accreditation Criteria for Testing Laboratories, and has demonstrated compliance with ISO/IEC Standard 17025:2017, General requirements for the competence of testing and calibration laboratories. This organization is accredited to provide the services specified in the scope of accreditation.

Effective Date December 16, 2020
President
TL-622
RMA Group, Inc. Page 2 of 2

RMA GROUP, INC.
www.rmacompanies.com
Contact Name Slawek Dymerski Contact Phone +1-909-989-1751 Accredited to ISO/IEC 17025:2017 Effective Date December 16, 2020 Mechanical
ASTM A370 Standard Test Methods and Definitions for Mechanical Testing of Steel Products (except Sections 20 to 29)
ASTM A970 Standard Specification for Headed Steel Bars for Concrete Reinforcement (except cl. 6.4)
ASTM A1034 Standard Test Methods for Testing Mechanical Splices for Steel Reinforcing Bars
ASTM E18 Standard Test Methods for Rockwell Hardness of Metallic Materials ASTM F606 Standard Test Methods for Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Washers, Direct Tension Indicators, and Rivets (except cl. 3.8, 4.3, 5.6, 7, 8 and 9)
California Test Method 670 Method of Tests for Mechanical and Welded Reinforcing Steel Splices

LICENSES AND LABORATORY CERTIFICATIONS
A.24.d
Packet Pg. 933
Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 60 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4

AGGREGATE
Aggregate - T 11 - AASHTO - No. 200 Wash Sieve for Mineral Aggregates Aggregate - T 27 - AASHTO - Sieve Analysis of Aggregates Aggregate - C 29 - Unit Weight and Voids in Aggregate
Aggregate - C 40 - Organic Impurities
Aggregate - D 75 - Sampling
Aggregate - T 84 - AASHTO - Specific Gravity and Absorption of Fine Agg Aggregate - T 85 - AASHTO - Specific Gravity and Absorption of Course Agg Aggregate - C 88 - Sulfate Soundness
Aggregate - CRD 100 - Sampling Concrete Aggregate and Aggregate Sources, Selection of Materials for Testing Aggregate - CRD 104 - Fineness Modulus
Aggregate - C 117 - Material Finer than 75 μm (No. 200) Sieve Aggregate - CRD 120 - Flat and Elongated Particles in Fine Aggregate Aggregate - C 123 - Lightweight Particles
Aggregate - C 127 - Specific Gravity & Absorption in Coarse Aggregate Aggregate - C 128 - Specific Gravity & Absorption in Fine Aggregate Aggregate - C 131 - Los Angeles Abrasion Resistance on Small-Size Coarse Aggregate Aggregate - C 136 - Sieve Analysis of Aggregates
Aggregate - C 142 - Clay Lumps
Aggregate - CRD 171 - Percentage of Crushed Particles in Aggregate Aggregate - E 329 - Standard Specification for Agencies Engaged in Construction Inspection, Testing, or Special Inspection Aggregate - C 535 - Los Angeles Abrasion Resistance on Large Size Coarse Aggregate Aggregate - C 566 - Total Moisture Content
Aggregate - C 702 - Reducing Samples to Testing Size
Aggregate - C 1077 - Concrete and Concrete Aggregate Testing Standards (Quality Standards) Aggregate - C 1252 - Uncompacted Void Content of Fine Aggregate (as influenced by particle shape, surface texture, and grading) Aggregate - D 2419 - Sand Equivalent Value
Aggregate - D 3666 - Minimum Requirements for Agencies Testing and Inspecting Road and Paving Materials Aggregate - D 3744 - Aggregate Durability Index
Aggregate - D 4791 - Flat and Elongated Particles in Course Aggregate Aggregate - D 5821 - Percentage of Fractured Particles in Coarse Aggregate

USACE CERTIFICATE
OF

LABORATORY VALIDATION
R M A Group
12130 Santa Margarita Court
Rancho Cucamonga, CA, United States
Carl Bachler
(949) 521-1048
has demonstrated, by abbreviated audit of its AASHTO accreditation, or by inspection of required records, equipment, procedures, facilities, and/or final reports, its proficiency to perform testing of construction materials, as established by the quality standards of AASHTO R 18 guidance and the requirements of the applicable ASTM standards.

THIS USACE CERTIFICATE OF LABORATORY VALIDATION IS ACCURATE AS OF ITS DATE AND TIME OF GENERATION:
06 OCT 2022 AT 18:45 HOURS
ALL METHODS LISTED ON THIS CERTIFICATE OF VALIDATION WILL EXPIRE ON 04/09/2023

PLEASE CONFIRM THE CURRENT VALIDATION STATUS OF THIS LABORATORY USING THE SEARCH FEATURE ON OUR PUBLIC WEBSITE: https://mtc.erdc.dren.mil

Chad A. Gartrell, PE, Director
USACE Materials Testing Center
Vicksburg, Mississippi, USA
MTC

MATERIALS TESTING
CENTER

LICENSES AND LABORATORY CERTIFICATIONS
A.24.d
Packet Pg. 934
Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 61 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4

BITUMINOUS
Bituminous - T 30 - AASHTO - Sieve Analysis of Extracted Aggregates Bituminous - R 47 - AASHTO R47 - Reducing Samples of HMA to Test Size Bituminous - R 68 - AASHTO R68 - Preparation of Asphalt Mixes by Marshall Apparatus Bituminous - T 166 - AASHTO - Bulk SG Using SSD (Cores) Bituminous - T 209 - AASHTO - Theoretical Max SG of Asphalt Bituminous - T 245 - AASHTO - Marshall Stability and Flow Bituminous - T 269 - AASHTO - Perxcent Air Voids
Bituminous - T 275 - AASHTO - Bulk SG of Asphalt Using Paraffin-Coated Cores Bituminous - T 308 - AASHTO - Asphalt Content by Ignition Method Bituminous - T 312 - AASHTO - Density of Ashalt by Superpave Gyratory Compactor Bituminous - T 324 - AASHTO - Hamburg Wheel-Track Test of Asphalt Bituminous - T 329 - AASHTO - Moisture Content of Asphalt by Oven Method Bituminous - E 329 - Standard Specification for Agencies Engaged in Construction Inspection, Testing, or Special Inspection Bituminous - D 546 - Sieve Analysis of Mineral Filler
Bituminous - CRD 650 - Density and Percent Voids
Bituminous - D 1188 - Bulk Specific Gravity & Density Using Coated Samples Bituminous - D 1560 - Resistance to Deformation & Cohesion by Hveem Bituminous - D 1561 - Preparation by CA Kneading Compactor Bituminous - D 2041 - Theoretical Maximum Specific Gravity & Density (Rice) Bituminous - D 2172 - Quantitative Extraction
Bituminous - D 2726 - Bulk Specific Gravity and Density Bituminous - D 2950 - Density of Bituminous Concrete in Place by Nuclear Methods Bituminous - D 3203 - Percent Air Voids
Bituminous - D 3666 - Minimum Requirements for Agencies Testing and Inspecting Road and Paving Materials Bituminous - D 4867 - Effect of Moisture
Bituminous - D 5444 - Mechanical Size Analysis of Extracted Aggregate Bituminous - D 6307 - Asphalt Content of Hot-Mix Asphalt by Ignition Method Bituminous - D 6925 - Relative Density of Asphalts by Superpave Gyratory Compactor Bituminous - D 6926 - Preparation of Bituminous Specimens using Marshall Bituminous - D 6927 - Marshall Stability and Flow of Bituminous Mixtures

CONCRETE
Concrete - C 31 - Making and Curing Test Specimens in the Field Concrete - C 39 - Compressive Strength of Cylindrical Specimens Concrete - C 42 - Drilled Cores and Sawed Beams
Concrete - C 78 - Flexural Strength by Third Point Loading Concrete - C 138 - Unit Weight and Air Content by Gravimetric Concrete - C 143 - Slump
Concrete - C 157 - Length Change of Concrete and Mortars Concrete - C 172 - Sampling
Concrete - C 173 - Air Content by Volumetric ***required if C231 not performed*** Concrete - C 174 - Concrete Thickness by Drilled Cores
Concrete - C 191 - Time of Setting of Hydraulic Cement by Vicat Needle Concrete - C 192 - Making and Curing Test Specimens in Laboratory Concrete - C 231 - Air Content by Pressure ***required if C173 not performed*** Concrete - E 329 - Standard Specification for Agencies Engaged in Construction Inspection, Testing, or Special Inspection Concrete - C 403 - Time of Setting by Penetration Resistance Concrete - C 470 - Molds for Forming Concrete Test Cylinders Vertically Concrete - C 495 - Compressive Strength of Lightweight Insulating Concrete Concrete - C 496 - Splitting Tensile Strength
Concrete - C 511 - Moist Cabinets, Moist Rooms, Water Storage Tanks Concrete - C 567 - Unit Mass of Structural Lightweight Concrete Concrete - C 617 - Capping Cylindrical Specimens
Concrete - C 1064 - Temperature of Concrete
Concrete - C 1077 - Concrete and Concrete Aggregate Testing Standards (Quality Standards) Concrete - C 1140 - Preparing and Testing Specimens from Shotcrete Test Panels Concrete - C 1231 - Unbonded Caps
Concrete - C 1542 - Measuring Length of Concrete Cores
Concrete - C 1604 - Obtaining and Testing Drilled Cores of Shotcrete

MASONRY
Masonry - C 140 - Sampling and Testing Concrete Masonry and Related Units Masonry - C 426 - Linear Drying Shrinkage of Concrete Masonry Units Masonry - C 511 - Mixing Rooms, Moist Cabinets, Cure Tanks Masonry - C 780 - Evaluation of Mortars for Plain and Reinforced Unit Masonry Masonry - C 1019 - Sampling and Testing Grout
Masonry - C 1314 - Compressive Strength of Masonry Prisms Masonry - C 1552 - Capping Concrete Masonry Units and Related for Compression Testing

LICENSES AND LABORATORY CERTIFICATIONS
A.24.d
Packet Pg. 935
Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 62 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4 METAL
Metal - E 329 - Standard Specification for Agencies Engaged in Construction Inspection, Testing, or Special Inspection of Steel Metal - A 370 - Standard Test Methods and Definitions for Mechanical Testing of Steel Products Metal - A 416 - Low-Relaxation, Seven-Wire Steel Strand for Prestressed Concrete Metal - A 615 - Deformed and Plain Carbon-Steel Bars for Concrete Reinforcement Metal - A 706 - Deformed and Plain Low-Alloy Steel Bars for Concrete Reinforcement Metal - A 709 - Structural Steel for Bridges
Metal - A 970 - Headed Steel Bars for Concrete Reinforcement Metal - F 3125 - Externally Threaded Fasteners (Bolts): Rotational Capacity SOILS
Soils - G 187 - Measurement of Soil Resistivity Using the Two-Electrode Soil Box Method Soils - E 329 - Standard Specification for Agencies Engaged in Construction Inspection, Testing, or Special Inspection Soils - D 421 - Dry Preparation for Particle Size Distribution & Soil Constants Soils - D 422 - Particle Size Analysis (Sieve and Hydrometer) Soils - D 558 - Moisture-Density of Soil-Cement
Soils - D 559 - Wetting & Drying Soil-Cement
Soils - CRD-C 654 - Determining the California Bearing Ratio of Soils Soils - D 698 - Compaction Characteristics by Standard Effort Soils - D 854 - Specific Gravity of Soils
Soils - D 1140 - Material Finer than 75 �m (No. 200) Sieve Soils - D 1556 - Density & Unit Weight by Sand Cone
Soils - D 1557 - Compaction Characteristics by Modified Effort Soils - D 1883 - CA Bearing Ratio (CBR)
Soils - D 2166 - Unconfined Compressive Strength
Soils - D 2216 - Water Content
Soils - D 2435 - One-Dimensional Consolidation Properties Soils - D 2487 - Classification of Soils
Soils - D 2488 - Description & Identification of Soils (Visual-Manual Procedure) Soils - D 2844 - Resistance R-Value and Expansion Pressure of Compacted Soils Soils - D 3080 - Direct Shear Test in Consolidated Drained Conditions Soils - D 3740 - Soil and Rock Testing Standards (Quality Standard) Soils - D 4318 - Liquid & Plastic Limits & Plasticity Index Soils - D 4546 - One-Dimensional Swell or Settlement Potential Soils - D 4643 - Determination of Water Content of Soil by Microwave Oven Soils - D 4829 - Expansion Index of Soils
Soils - D 6913 - Particle-Size Distribution of Soils Using Sieve Analysis Soils - D 6938 - Density and Water Content by Shallow Depth Nuclear Method

SPRAYED FIRE RESISTIVE
Sprayed Fire Resistive - E 329 - Standard Specification for Agencies Engaged in Construction Inspection, Testing, or Special Inspection Sprayed Fire Resistive - E 605 - Thickness and Density of Sprayed Fire Resistive Material (SFRM) Applied to Structural Members

LICENSES AND LABORATORY CERTIFICATIONS
A.24.d
Packet Pg. 936
Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB

AVIATION
CIVIC

HEALTHCARE

HIGHER EDUCATION

HOTELS AND CASINOS
K-12 SCHOOLS

LAND DEVELOPMENT
PORTS

POWER AND ENERGY

SPORTS AND RECREATION

TRANSIT AND RAIL

TRANSPORTATION

WATER INFRASTRUCTURE

CORPORATE
12130 Santa Margarita Court | Rancho Cucamonga, CA 91730 909.989.1751 | 909.989.4287

QUALITY MANAGEMENT

GEOTECHNICAL ENGINEERING

MATERIALS TESTING

PAVEMENT ENGINEERING

SPECIAL INSPECTION

STORM WATER MANAGEMENT
A.24.d
Packet Pg. 937
Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB

EXHIBIT “C”

CITY - SERVICES TO BE PROVIDED

TO CONSULTANT

1. Furnish the Consultant all in-house dat a which is pertinent to services to be performed by the Consultant and which is within the custody or control of the City, including, but not limited to, copies of record and off-record maps and other record and off-record property data, right-of-wa y maps and other right-of-way data, pending or proposed subject pr operty land division and development application data, all newly developed and pertinent design and project specification data, and such other pertinent data which may become available to the City.

2. Provide timely review, processing, and reasonably expeditious approval of all submittals by the Consultant.

3. Provide timely City staff liaison wit h the Consultant w hen requested and when reasonably needed.

A.24.d
Packet Pg. 938
Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB

EXHIBIT “D”

TERMS OF PAYMENT

1. The Consultant's compensat ion shall not exceed $93,800.00.

2. The Consultant will obtain, and keep current during the term of this Agreement, the required City of Moreno Valley business license. Proof of a current City of Moreno Valley business license will be required pr ior to any payments by the City. Any invoice not paid because the proof of a current City of Moreno Valley business license has not been provided will not incur any fees, late charges, or other penalties. Complete instructions for obtaining a City of Mo reno Valley business license are located at: http://www.moval.org/biz-lic.

3. The Consultant will el ectronically submit an invo ice to the City along with documentation evidencing services completed to date as specified in the Request for Proposal. Progress payments will be made in accordance with the payment schedule outlined in the Request for Pr oposal, but in no case will progress payments be made to the Cons ultant more frequently t han once per month. The progress payment is based on actual time and materials expended in furnishing authorized professional services during the preceding calendar month. At no time will the City pay for more services than have been satisfactorily completed and the City Engineer’s determination of the amount due for any progr ess payment shall be final. The consultant will submit all orig inal invoices to Accounts Payable staff at [email protected]. Accounts Payable questions can be directed to (951) 413-3130.

4. The Consultant agrees that City payments will be received via Automated Clearing House (ACH) Direct Deposit and that the required ACH Authorization form will be A.24.d
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB

completed prior to any payments by the City. Any invoice not paid because the completed ACH Authorization Form has not been provided will not incur any fees, late charges, or other penalties. The ACH Authorization Form is located at:
http://www.moval.org/city_hall/forms.shtml#bf

5. The minimum information required on all invoices is:

A. Vendor Name, Mailing Address, and Phone Number
B. Invoice Date
C. Vendor Invoice Number
D. City-provided Reference Num ber (e.g. Project, Activity) E. Detailed work hours by class title (e .g. Manager, Technician, or Specialist), services performed and rates, explic it portion of a contract amount, or detailed billing information that is suffi cient to justify t he invoice amount; single, lump amounts without detail are not acceptable.

6. The City shall pay the Cons ultant for all invoiced, authorized professional services within thirty (30) days of receipt of the invoice for same.

A.24.d
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB

CITY OF MORENO VALLEY

PROFESSIONAL GEOTECHNICAL AND MATERIAL

TESTING SERVICES

COST PROPOSAL
RMA Group
12130 Santa Margarita Court
Rancho Cucamonga, CA 91730
October 24, 2022
Proposal: 22-1621-P
JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4 PROJECT NUMBER: 801 0086
ATPSB1L - 5441(076)
A.24.d
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 12130 SANTA MARGARITA COURT , RANCHO CUCAMONGA CA 91730 | T: 909.989.1751 | F: 909.989.4287 | www.rmacompanies.com October 24, 2022
RMA No. 22-1621-P
City of Moreno Valley
Capital Projects Division
14177 Frederick Street,
Moreno Valley, CA 92553
RE: RFP | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4

Dear Reviewing Panel:

RMA Group is pleased to submit herein our proposed not-to-exceed fee schedule to perform professional geotechnical and material testing services for the Juan Bautista De Anza Multi-Use Improvement Trail - Phase 4 project. Our proposal was submitted separately in response to your request for proposals. Our rate schedule is included on the following pages which represents our proposed personnel rates for our staff that would be assigned to this contract, as well as unit costs for laboratory materials testing. Our general conditions for minimum call out charges, overtime charges, and reimbursable expenses are described in the final page of the attached schedule of fees. The rate schedule is aligned with titles in the resource allocation matrix in the Technical Proposal.

The hourly rate schedule provided is a part of RMA Group’ s Proposal for use in invoicing for progress payments and for extra work incurred that is not part of the RFP .

As the Vice President of the firm, I am duly authorized to bind RMA Group to all statements and representations made herein and represent the authenticity of the information as presented.

Sincerely,
Slawek Dymerski, PE, GE
Vice President
A.24.d
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB

ESTIMATE WORKSHEET
Item Quantity Unit Unit Price Total
Project Manager - Office 40 HR $155.00 $6,200.00
Public Works Technician - Asphalt 40 HR $105.00 $4,200.00 Soils Engineering Technician 400 HR $105.00 $42,000.00
Public Works Technician - Concrete 200 HR $105.00 $21,000.00 Administrative 40 HR $60.00 $2,400.00
Laboratory Testing Allowance 1 LS - $18,000.00
Subtotal:

$93,800.00

3 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4 COST PROPOSAL A.24.d
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 2022 Schedule of Fees and General Terms Page 1 of 8
Personnel Charges - Professional Staff
Product Name Units Rate ($)
Staff Geologist - Office HR $145.00
Staff Geologist - Field HR $145.00
Staff Engineer - Office HR $145.00
Staff Engineer - Field HR $145.00
Qualified SWPPP Practitioner QSP HR $150.00
Qualified SWPPP Developer QSD HR $160.00
Project Manager - Office HR $165.00
Project Manager - Job Conference HR $165.00
Project Manager - Field HR $165.00
Project Geologist - Office HR $180.00
Project Geologist - Job Conference HR $180.00
Project Geologist - Field HR $180.00
Project Geologist - Consultation HR $180.00
Project Engineer - Office HR $190.00
Project Engineer - Laboratory HR $190.00
Project Engineer - Job Conference HR $190.00
Project Engineer - Field HR $190.00
Project Engineer - Consultation HR $190.00
Principal Geologist - Office HR $200.00
Principal Geologist - Job Conference HR $200.00
Principal Geologist - Field HR $200.00
Principal Geologist - Expert Witness HR $450.00
Principal Geologist - Court Appearance HR $550.00
Principal Geologist - Consultation HR $200.00
Principal Engineer - Office HR $220.00
Principal Engineer - Job Conference HR $220.00
Principal Engineer - Field HR $220.00
Principal Engineer - Expert Witness HR $500.00
Principal Engineer - Court Appearance HR $600.00
Principal Engineer - Consultation HR $220.00
Drafting HR $110.00
Administrative HR $70.00
Personnel Charges - Field Staff
Product Name Units Rate ($)
Supervising Special Inspector HR $135.00
Supervising Soil Technician HR $135.00
Supervising Public Works Inspector HR $135.00
Special Inspector Wood Construction HR $130.00
Special Inspector Structural Steel HR $115.00
Special Inspector Shotcrete HR $115.00
Special Inspector Roofing/Waterproofing HR $115.00
Special Inspector Reinforced Concrete HR $115.00
Special Inspector Prestressed Concrete HR $115.00
Special Inspector Post Tensioned Concrete HR $115.00
Special Inspector Post Installed Anchors HR $115.00
Special Inspector Masonry (DSA) HR $115.00
Special Inspector Masonry HR $115.00
Special Inspector High Strength Bolting HR $115.00
Special Inspector Fire Stopping HR $120.00
Special Inspector Fire Proofing HR $115.00
Special Inspector Fiber Wrap HR $115.00
4 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4 COST PROPOSAL A.24.d
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Special Inspector Concrete Batch Plant HR $115.00
Special Inspector Coatings HR $120.00
Special Inspector (ICC) HR $115.00
Soils Technician Rough Grading HR $115.00
Soils Technician Retesting HR $115.00
Soils Technician Compaction Testing HR $115.00
Soils Engineering Technician HR $115.00
Radiographic Testing Crew HR $450.00
Quality Control Manager HR $155.00
Pull | Torque Testing Technician HR $115.00
Public Works Technician - Concrete HR $115.00
Public Works Technician - Asphalt HR $115.00
Public Works Technician HR $115.00
Public Works Inspector - Concrete Plant HR $115.00
Public Works Inspector - Concrete Paving HR $115.00
Public Works Inspector - Asphalt Plant HR $115.00
Public Works Inspector - Asphalt Paving HR $115.00
Public Works Inspector HR $120.00
Project Inspector (IOR) HR $130.00
Pick-up and Delivery of Test Specimens HR $5.00
Non Destructive Testing ASNT Level III HR $200.00
Non Destructive Testing ASNT Level II HR $120.00
Mechanical | Electrical Inspector HR $130.00
Laboratory Technician - Field Lab HR $100.00
ID Reinforcing or Structural Steel HR $115.00
Horizontal Wall Coring HR $115.00
Concrete Coring HR $120.00
Building Inspector HR $130.00
AWS Certified Welding Inspector- Shop HR $115.00
AWS Certified Welding Inspector- Field HR $115.00
Assistant Wall Coring HR $120.00
Asphalt Coring HR $120.00
ACI Concrete Technician HR $115.00
Laboratory Tests - Steel
Product Name Units Rate ($)
Steel Chemical Analysis EA $205.00
AWS Weld: Macroetch EA $110.00
AWS Weld: Fracture EA $75.00
AWS Bend Test EA $75.00
ASTM F606 Nut: Proof Load up to 7/8" EA $65.00
ASTM F606 Nut: Proof Load up to 1 1/2" EA $100.00
ASTM F606 Bolt Wedge Tensile to 7/8” EA $90.00
ASTM F606 Bolt Wedge Tens 7/8” to 1 1/2" EA $110.00
ASTM F606 Bolt Axial Tensile to 7/8” EA $60.00
ASTM F606 Bolt: Proof Load up to 7/8" EA $100.00
ASTM F606 Bolt: Proof Load up to 1 1/2" EA $125.00
ASTM F606 Bolt: Axial 7/8” - 1 1/2” EA $95.00
ASTM E605 Spray Applied Fireproofing Den EA $135.00
ASTM A416 Tensile Test Only EA $175.00
ASTM A416 Stress-Strain Analysis EA $240.00
5 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4 COST PROPOSAL A.24.d
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ASTM A370 Tensile Up to 400K lbs (Each) EA $160.00
ASTM A370 Tensile Up to 300K lbs (Each) EA $100.00
ASTM A370 Tensile Up to 200K lbs (Each) EA $90.00
ASTM A370 Tensile Up to 100K lbs (Each) EA $75.00
ASTM A370 Tensile Stress-Strain Percent EA $205.00
ASTM A370 Tensile 400K - 500K lbs (Each) EA $365.00
ASTM A370 Rockwell Hardness (Each) EA $110.00
ASTM A370 Rebar Tension up to #8 EA $60.00
ASTM A370 Rebar Tension #9 to #11 EA $75.00
ASTM A370 Rebar Tension #18 EA $170.00
ASTM A370 Rebar Tension #14 EA $115.00
ASTM A370 Headed Bar Prod. Lot up to #8 LOT $275.00
ASTM A370 Headed Bar Prod. Lot #9 to #11 LOT $335.00
ASTM A370 Headed Bar Prod. Lot #18 LOT $670.00
ASTM A370 Headed Bar Prod. Lot #14 LOT $515.00
ASTM A370 Bend Test Rebar up to #8 EA $50.00
ASTM A370 Bend Test Rebar #9 to #11 EA $60.00
ASTM A370 Bend Test Rebar # 18 EA $170.00
ASTM A370 Bend Test Rebar #14 EA $115.00
Laboratory Tests – Soil
Product Name Units Rate ($)
ASTM D854 Specific Gravity of Soils EA $265.00
ASTM D698 Maximum Density Std Effort EA $290.00
ASTM D559 Soil Cement Sample Preparation EA $140.00
ASTM D558 Soil-Cement Maximum Density EA $375.00
ASTM D5333 Hydro Collapse Potential EA $240.00
ASTM D4972 pH of Soils EA $115.00
ASTM D4943 Shrinkage Factor by Resin EA $260.00
ASTM D4829 Expansion Index of Soils EA $240.00
ASTM D4546 Swell Potential EA $240.00
ASTM D4318 Plasticity Index of Soils EA $335.00
ASTM D422 Sieve Analysis of Soil EA $240.00
ASTM D422 Hydrometer Anaylsis EA $335.00
ASTM D3080 Direct Shear, Consol&Drained EA $375.00
ASTM D2974 Moisture, Ash, Organic Matter EA $110.00
ASTM D2937 In-Place Density, Drive Cyl EA $65.00
ASTM D2844 R-Value & Expansive Pressures EA $440.00
ASTM D2435 Consolidation with Time Rate EA $335.00
ASTM D2435 Consolidation EA $275.00
ASTM D2434 Const Head Permeability Test EA $470.00
ASTM D2419 Sand Equivalent EA $170.00
ASTM D2216 Soil Moisture Content by Mass EA $45.00
ASTM D2166 Unconfined Comp Strength EA $335.00
6 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4 COST PROPOSAL A.24.d
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 2022 Schedule of Fees and General Terms Page 4 of 8
ASTM D2050 Tri-Axial Shear Strength EA $470.00
ASTM D1883 California Bearing Ratio EA $605.00
ASTM D1633 Compression Test Soil Cement EA $110.00
ASTM D1557 Max Density Optimum Moisture EA $290.00
ASTM D1140 Materials Finer than #200 EA $140.00
AASHTO T100 Specific Gravity of Soils EA $275.00
Laboratory Tests - Masonry
Product Name Units Rate ($)
ASTM E519 Assemblage Comp Str 8" Block EA $125.00
ASTM E519 Assemblage Comp Str 16" Block EA $175.00
ASTM E519 Assemblage Comp Str 12" Block EA $140.00
ASTM C90 Masonry Block Conformance SET $740.00
ASTM C780 Mortar Cylinder Compression EA $40.00
ASTM C67 Brick Moisture & Absorption SET $110.00
ASTM C67 Brick Modulus of Rupture EA $135.00
ASTM C67 Brick Compressive Strength SET $125.00
ASTM C67 Brick 5 Hour Boil EA $135.00
ASTM C426 Block Linear Shrinkage SET $375.00
ASTM C140 Block Unit Wt & Dimensions SET $265.00
ASTM C140 Block Moisture & Absorption SET $110.00
ASTM C140 Block Compressive Strength SET $100.00
ASTM C1314 Masonry Core Shear Str 8" Max EA $110.00
ASTM C1314 Masonry Core Comp Str 8" Max EA $100.00
ASTM C109 Compressive Strength 2" Cube EA $50.00
ASTM C1019 Grout Prism Compression EA $50.00
Laboratory Tests - Environmental
Product Name Units Rate ($)
OSHA ID-191 Asbestos EA Quote
EPA 9040 pH of Soil EA Quote
EPA 8310 Polynuclear Aromatic Hydrocarbons EA Quote
EPA 8270 Semi-Volatile Organic Compounds EA Quote
EPA 8151 Chlorinated Herbicides EA Quote
EPA 8141 Organo-Phosphorous Pesticides EA Quote
EPA 8082 PCB's EA Quote
EPA 8081 Organo-Chlorine Pesticides EA Quote
EPA 8021 or 8260 Volatile Organic Compounds EA Quote
EPA 8015 Total Petroleum Hydrocarbons EA Quote
EPA 6010 & 7471 TTLC Lead EA Quote
EPA 6010 & 7471 TTLC 17 Metals EA Quote
Laboratory Tests – Concrete
Product Name Units Rate ($)
T 336 Coefficient of Thermal Expansion EA $670.00
ASTM C78 Flexural Strength, Beam EA $125.00
ASTM C649 Concrete Modulus of Elasticity EA $205.00
7 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4 COST PROPOSAL A.24.d
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ASTM C496 Splitting Tensile Test EA $125.00
ASTM C495 Lightweight Concrete Strength EA $65.00
ASTM C495 Density - Lightweight Concrete EA $240.00
ASTM C42 Compressive Strength, Core EA $100.00
ASTM C39 Cyl Tested out of Sequence EA $50.00
ASTM C39 Concrete Cyl Cured or Tested EA $40.00
ASTM C157 Concrete Shrinkage (Set of 3) SET $600.00
ASTM C138 Unit Weight of Concrete EA $90.00
ASTM C1140 Shotcrete Panel Test SET $335.00
Laboratory Tests - Caltrans
Product Name Units Rate ($)
CT670 Tensile Strength up to #8 EA $75.00
CT670 Tensile Strength #8 - #11 EA $110.00
CT670 Tensile Strength #18 EA $205.00
CT670 Tensile Strength #14 EA $140.00
CT670 Production Lot up to #8 (Ultimate) LOT $405.00
CT670 Production Lot up to #8 (Service) LOT $335.00
CT670 Production Lot #9 to #11(Ultimate) LOT $470.00
CT670 Production Lot #9 to #11 (Service) LOT $405.00
CT670 Production Lot #18 (Ultimate) LOT $1,005.00
CT670 Production Lot #18 (Service) LOT $725.00
CT670 Production Lot #14 (Ultimate) LOT $740.00
CT670 Production Lot #14 (Service) LOT $535.00
CT670 Operator Qualification up to #8 LOT $470.00
CT670 Operator Qualification up to #8 EA $470.00
CT670 Operator Qualification #9 - #11 LOT $535.00
CT670 Operator Qualification #9 - #11 EA $535.00
CT670 Operator Qualification #18 LOT $1,135.00
CT670 Operator Qualification #18 EA $1,135.00
CT670 Operator Qualification #14 LOT $800.00
CT670 Operator Qualification #14 EA $800.00
CT643 Resistivity and pH EA $135.00
CT550 Surface Abrasion of Concrete EA $535.00
CT534 Water Retention, Liq Curing Cmpnd EA $570.00
CT531 Length of Drilled Concrete Cores EA $65.00
CT524 RSC Flexural Strength, Beam EA $125.00
CT523 Concrete Flexural Strength, Beam EA $125.00
CT521 Concrete Cyl Compressive Strength EA $40.00
CT521 Compressive Strength LCB EA $40.00
CT 52-1-08C Slip Test EA $205.00
CT515 Relative Mortar Strength, PCC Sand EA $800.00
CT422 Chloride Content EA $115.00
CT417 Soluble Sulfates EA $135.00
8 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4 COST PROPOSAL A.24.d
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CT382 Ignition Oven Correction Factor EA $405.00
CT382 Asphalt Content by Ignition EA $255.00
CT379 Asphalt Content Nuclear Guage EA $275.00
CT371 Tensile Strength Ratio EA $1,470.00
CT370 Moisture Content by Microwave EA $110.00
CT366 Stabilometer Value EA $365.00
CT309 Maximum Theoretical Density EA $275.00
CT308(C) Core Density SSD EA $65.00
CT308(C)/366 Stability and Density EA $440.00
CT308(A) Core Density Paraffin Coated EA $75.00
CT308(A)/366 Stability and Density EA $440.00
CT305 Swell of Bituminous Mixtures EA $470.00
CT304/308(A) LTMD Kneading Compactor EA $440.00
CT303 Approximate Bitumen Ratio EA $335.00
CT302 Film Stripping EA $335.00
CT301 Resistance R-Value Stabilometer EA $390.00
CT235 Flat and Elongated Particles EA $390.00
CT234 Angularity & Voids, Fine Agg EA $265.00
CT229 Durability Index EA $405.00
CT 227 Cleaness Value EA $390.00
CT226 Moisture Content by Oven Drying EA $45.00
CT217 Sand Equivalent EA $170.00
CT 216 CA Impact Max Density EA $265.00
CT216 CA Impact, Rock Correction EA $65.00
CT214 Soundness by Sodium Sulfate EA $510.00
CT213 Organic Impurities in Sand EA $135.00
CT211 Abrasion, Los Angeles Rattler EA $335.00
CT209 Specific Gravity of Soil EA $275.00
CT208 Apparent Specific Gravity of Fines EA $275.00
CT207 Specific Gravity, Fine Aggregate EA $225.00
CT206 Specific Gravity, Coarse Aggregate EA $185.00
CT205 Percentage Crushed Particles EA $205.00
CT204 Plasticity Index, Atterberg EA $305.00
CT202 Sieve Analysis, Fine Agg EA $190.00
CT202 Sieve Analysis, Combined Agg EA $245.00
CT202 Sieve Analysis, Coarse Agg EA $185.00
Laboratory Tests – Asphalt
Product Name Units Rate ($)
ASTM D6927 Marshal Stability and Flow EA $440.00
ASTM D6926 Lab Max Density Marshall EA $335.00
ASTM D6307 Ignition Oven Calibration EA $405.00
ASTM D6307 Asphalt Content by Ignition EA $255.00
ASTM D5444 Gradation of Extracted Agg EA $275.00
9 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4 COST PROPOSAL A.24.d
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ASTM D4125 Asphalt Content Nuclear Guuge EA $335.00
ASTM D3910 Wet Track Abrasion EA $205.00
ASTM D2726 Core Density (SSD) EA $65.00
ASTM D244 Emulsion Sieve Analysis EA $165.00
ASTM D244 Emulsion Residue Evaporation EA $240.00
ASTM D2172 Asphalt Content by Solvents EA $375.00
ASTM D2041 Maximum Theoretical Density EA $265.00
ASTM D1561 LTMD Kneading Compactor EA $355.00
ASTM D1560 Hveem Stability and Density EA $440.00
ASTM D1560 Hveem Stability EA $305.00
ASTM D1188 Core Density Parafilm Coated EA $75.00
AASHTO T324 Hamburg Wheel Tracking Test EA $1,100.00
AASHTO T324 Hamburg Wheel Tracking - RHMA EA $1,100.00
AASHTO T312/T275 LTMD Gyratory Compactor EA $440.00
AASHTO T312/T275 LTMD Gyratory Comp.- RHMA EA $440.00
AASHTO T308 Asphalt Content by Ignition EA $255.00
AASHTO T308A AC Correction Factor EA $470.00
AASHTO T283 Tensile Strength Ratio - RHMA EA $1,050.00
AASHTO T283 Tensile Strength Ratio EA $1,050.00
AASHTO T275 Core Denisty Paraffin Coated EA $80.00
AASHTO T209 Theoretical Maximum Density EA $265.00
Laboratory Tests - Aggregates
Product Name Units Rate ($)
ASTM D5821 Percent Fractured Particles EA $205.00
ASTM D4791 Flat & Elongated Particles EA $375.00
ASTM D2419 Sand Equivalent EA $170.00
ASTM C88 Soundness by Sodium Sulfate EA $535.00
ASTM C566 Moisture Content by Drying EA $35.00
ASTM C535, Abrasion Large Aggregate EA $335.00
ASTM C40 Organic Impurities in Fine Agg EA $135.00
ASTM C289 Alkali-Silica Reactivity EA $670.00
ASTM C142 Clay Lumps & Friable Particles EA $260.00
ASTM C136 Sieve Analysis, Fine Agg EA $205.00
ASTM C136 Sieve Analysis, Combined Agg EA $240.00
ASTM C136 Sieve Analysis, Coarse Agg EA $205.00
ASTM C131 Abrasion, Los Angeles Rattler EA $335.00
ASTM C128 Specific Gravity, Fine Agg EA $240.00
ASTM C127 Specific Gravity, Coarse Agg EA $205.00
ASTM C1252 Angularity & Voids, Fine Agg EA $240.00
ASTM C123 Percent Lightweight Particles EA $275.00
ASTM C117 Materials Finer than No. 200 EA $140.00
AASHTO T96 Abrasion, Los Angeles Rattler EA $335.00
AASHTO T85 Specific Gravity, Coarse Agg EA $205.00
10 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4 COST PROPOSAL A.24.d
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AASHTO T84 Specific Gravity, Fine Agg EA $240.00
AASHTO T335 Percent Fractured Particles EA $205.00
AASHTO T304 Angularity & Voids in Fines EA $225.00
AASHTO T27 Sieve Analysis, Fine Agg EA $205.00
AASHTO T27 Sieve Analysis, Combined Agg EA $240.00
AASHTO T27 Sieve Analysis, Coarse Agg EA $185.00
AASHTO T176 Sand Equivalent EA $170.00
Equipment Charges
Product Name Units Rate ($)
VOC Meter DAY $100.00
Ultrasonic Test Unit and Consumables DAY $50.00
Torque Wrench DAY $50.00
Stationary Laboratory Trailer & Testing Equipment MO $700.00 Skidmore DAY $50.00
Set of Aerial Photographs HR Quote
Schmidt Hammer DAY $50.00
Rotary Wash Drill Rig with Operator HR $650.00
Proof Load Testing Equipment DAY $100.00
Portable Drilling Equipment w/ Operator HR $450.00
Portable Drilling Equipment HR $450.00
Per Diem DAY $100.00
Nuclear Density Test Gauge DAY $25.00
Mobile Laboratory Trailer Mobilization EA $500.00
Mobile Laboratory Trailer & Testing Equipment DAY $500.00 Misc Subconsultant HR Quote
Misc Permits LS Quote
Mini Environmental Quality Meter DAY $300.00
Mileage MILE Quote
Materials / Supplies HR Quote
Magnetic Particle Test Unit DAY $50.00
Inertial Profiler DAY $1,800.00
Hollow Stem Auger Drill Rig w/ Operator HR $675.00
Holiday Tester DAY $100.00
Hand Held Turbidity Meter DAY $20.00
Dutch Cone Penetrometer with Operator HR $675.00
Drilling Equip Mobilization / De-Mob EA $800.00
Diamond Bit Core Rig and Generator DAY $500.00
Bucket Auger Drill Rig with Operator HR $775.00
Blueprinting HR Quote
ASTM C1028 Coefficient of Friction DAY $400.00
Air Rotary Drill Rig with Operator HR $700.00
11 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4 COST PROPOSAL A.24.d
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Attachment: Agreement with RMA Group [Revision 1] (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO PUB 2022 Schedule of Fees and General Terms Page 9 of 8

GENERAL CHARGES
• RMA Group requires twenty-four (24) hour prior notification for scheduling inspectors and/or technicians. • Inspection charges start at the scheduled show up time at the job site. All i nspection hours will be billed in the following increments:
• There will be a minimum two (2) hour charge for any RMA Group employee presence on site. • Any time less than four (4) hours of work will be billed as four (4) hours. • Four (4) to eight (8) hours will be billed as eight (8) hours. • When personnel are required to work in excess of 5 hours without an uninterrupted meal period of 30 minutes, due to project constraints, ½ hour will be charged at double time rates in addition to any applicable hours worked. • Rates are valid through June 30th of this year. Rates for personnel will increase by 5% per year on July 1st each subsequent year. • Administrative/clerical support will be charged at 5% of the monthly direct charges. • Certified Payroll Reports will be prepared upon request. There will be a $75.00 charge for each certified payroll report. • Outside services will be billed at cost plus 15% unless billed directly to and paid for by Client. • Requests made by client for management attendance at meetings at the project site will be charged at standard rate.

OVERTIME CHARGES
• Work performed in excess of 8 hours per day and / or up to eight (8) hours on Saturdays will be billed at 1.5 times the unit rate. • Work performed on Sunday, recognized holidays, or in excess of eight (8) hours on Saturdays will be billed at 2.0 times the unit rate.
• A 20% surcharge will be applied for laboratory tests performed on a Saturday or Sunday.

PER DIEM AND TRAVEL CHARGES
• An $100.00 charge per day will be applied when our personnel are required to stay overnight at remote locations. • Time will be billed at the unit rate while traveling to a remote location or if a location requires an overnight stay • Mileage for travel outside a 50 mile radius from either the project site or the nearest RMA facility whichever is closest, will be charged at a rate of $0.65 per mile.

NIGHT WORK
• A $10.00 per hour surcharge will be added to all personnel rates for work performed during night shifts. 12 CITY OF MORENO VALLEY | JUAN BAUTISTA DE ANZA MULTI-USE IMPROVEMENT TRAIL - PHASE 4 COST PROPOSAL A.24.d
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AVIATION
CIVIC

HEALTHCARE

HIGHER EDUCATION

HOTELS AND CASINOS
K-12 SCHOOLS

LAND DEVELOPMENT
PORTS

POWER AND ENERGY

SPORTS AND RECREATION

TRANSIT AND RAIL

TRANSPORTATION

WATER INFRASTRUCTURE

CORPORATE
12130 Santa Margarita Court | Rancho Cucamonga, CA 91730 909.989.1751 | 909.989.4287

QUALITY MANAGEMENT

GEOTECHNICAL ENGINEERING

MATERIALS TESTING

PAVEMENT ENGINEERING

SPECIAL INSPECTION

STORM WATER MANAGEMENT
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EXHIBIT “E”

INSURANCE REQUIREMENTS

Minimum Scope of Insurance

Coverage shall be at least as broad as:

1. The most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01, which shall include insurance for “bodily injury,” “property damage” and “pers onal and advertising injury” with coverage for premises and operations, products and co mpleted operations, and contractual liability.

2. The most current version of Insur ance Service Office (ISO) Business Auto Coverage Form CA 00 01, which shall incl ude coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1- Any Auto).

3. Workers’ Compensation insurance as r equired by the California Labor Code and Employer’s Liability Insurance.

4. Professional Liability (E rrors and Omissions) insurance appropriate to Consultant’s profession.

Minimum Limits of Insurance

Consultant shall maintain limits of liability of not less than:

1. General Liability:

$1,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $2,000,000 general aggregate

2. Automobile Liability:

$1,000,000 per accident for bodily injury and property damage

3. Employer’s Liability:

$1,000,000 each accident for bodily injury
$1,000,000 disease each employee
$1,000,000 disease policy limit
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4. Professional Liabilit y (Errors and Omissions):

$1,000,000 per claim/occurrence
$2,000,000 policy aggregate

Umbrella or Excess Insurance

In the event Consultant purchases an Umbrella or Excess insurance polic y(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies).

Deductibles and Self-Insured Retentions

Consultant shall be responsible for payment of any deductibles contained in any insurance policy(ies) required hereunder and Consultant shall also be responsible for payment of any self- insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the City Manager or his/her designee. At the option of the City Manager or his/her designee, either (i) the insurer shall reduc e or eliminate such deductibles or self-insured retentions as respects The City of Moreno Valley, the City of Moreno Valley Community Services District, the Moreno Valley Housing Authority, and each of their officers, officials, employees, agents and volunteers; or (ii) Consultant shall provide a financial guarantee, satisfactory to the City Manager or his/her designee, guaranteei ng payment of losses and related investigations, claim administration and defense expenses. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.

Other Insurance Provisions

The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Moreno Valley, the City of Mo reno Valley Community Services District, the Moreno Valley Housing Authority, and each of t heir officers, officials, employees, agents and volunteers are to be covered as additional insureds.

2. The coverage shall contain no specia l limitations on the scope of protection afforded to the City of Moreno Valley, the City of Moreno Valley Community Services District, the Moreno Valley Housing Authority, and each of their officers, officials, employees, agents and volunteers.

3. Consultant’s insurance coverage sha ll be primary and no cont ribution shall be required of City.

The Workers’ Compensation insurance policy is to contain, or be endor sed to contain, the following provision: Consultant and its insurer shall waive any right of subrogation against the City of Moreno Valley, the City of Moreno Valley Community Services District, the Moreno Valley Housing Authority, and each of their officers, officials, employees, agents and volunteers.

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form:

1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by Consultant.

2. Insurance must be mainta ined and evidence of insurance must be provided for at least 3 years after any expi ration or termination of the Agreement or, in the alternative, the policy shall be endorsed to provide not less than a 3-year discovery period.

3. If coverage is canceled or non -renewed, and not replaced with another claims-made policy form with a retroactive dat e prior to the effective date of the Agreement or the commencement of work by Consultant, Consultant must purchase extended reporting coverage for a minimum of 3 years following the expiration or termination of the Agreement.

4. A copy of the claims reporting requirem ents must be submitted to City for review.

5. These requirements shall survive expi ration or termination of the Agreement.

All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in cover age or in limits except after 30 calendar day written notice by certified mail, return receipt requested, has been given to City. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, Consultant shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Consultant shall provide a new certif icate, and applicable endor sements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

Acceptability of Insurers
All policies of insurance required hereunder s hall be placed with an insurance company(ies) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A-VII” in Best’s Insurance Rating Guide; or authorized by the City Manager or his/her designee.

Verification of Coverage
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Consultant shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or his/her designee prior to City’s execution of the Agreement and before work commences.

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FIRST AMENDMENT TO AGREEMENT

FOR PROFESSIONAL CONSULTANT SERVICES

FOR THE JUAN BAUTISTA DE ANZA MULTI-USE TRAIL FROM MORENO

VALLEY MALL TO IRIS AVENUE
PROJECT NO. 801 0086
ATPSB1L-5441(076)

This First Amendment to Agreement (hereinafter, this “Agreement”) is made and entered into this _____ day of _____________ 202__ (“Effective Date”), by and between the City of Moreno Valley, a municipal corporation in the County of Riverside, State of California, hereinafter referred to as the “City,” and KOA Corporation, a California corporation, hereinafter referred to as “Consultant.”
RECITALS:

Whereas, the City and Consultant entered into an Agreement entitled "AGREEMENT for Professional Consultant Services," hereinafter refe rred to as "Agreement," dated July 2, 2020.

Whereas, the Consultant is providing consultant services for the Juan Bautista De Anza Multi-Use Trail from Moreno Valley Mall to Iris Avenue.

Whereas, it is desirable to amend the Agreement to expand the scope of work; extend the Agreement termination date; and modify the Payment Terms as is more particularly described in Section 1 of this First Amendment.

Whereas, the Consultant has submitted a Proposal dated September 28, 2022, for expansion of the scope of work to be performed. A copy of said Proposal is attached as “Exhibit A -- First Amendment” and is incorporated herein by this reference.

SECTION 1 AMENDMENT TO ORIGINAL AGREEMENT:

1.1 This Agreement termination date is extended from December 31, 2022 to June 30, 2023, unless the termination date is further extended by an Amendment to the Agreement.

1.2 Exhibit “B” to the Agreement is hereby amended by adding to the scope of work section described in Exhibit “A”, entitled "Proposal for Preparation of Trail Landscape designs and
Design Support Services during construction.”

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Attachment: First Amendment to Agreement with KOA Corporation (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO

FIRST AMENDMENT TO AGREEMENT FOR

PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
ATPSB1L-5441(076)

1.3 Exhibit “D” to the Agreement is hereby further amended by adding to the cost proposal section thereof Exhibit “A”, entitled "Proposal for Preparation of Trail Landscape designs and Design Support Services during construction.”

1.4 The total “Not to Exceed” fee for this contract is $505,071.50 ($482,824.00 for the original Agreement, plus $ 22,247.50 for the First Amendment to Agreement).

SECTION 2

2.1 Except as otherwise specifically provided in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.

SIGNATURE PAGE TO FOLLOW:

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FIRST AMENDMENT TO AGREEMENT FOR

PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 801 0086
ATPSB1L-5441(076)

City of Moreno Valley KOA Corporation

BY: BY:

Mike Lee, City Manager

TITLE:
(President or Vice President)

Date
Date

BY:

TITLE:
(Corporate Secretary)

Date

Enclosures: Exhibit “A” - Preparation of Trail Landscape designs and Design Support Services during construction

INTERNAL USE ONLY

APPROVED AS TO LEGAL FORM:

City Attorney

Date

RECOMMENDED FOR APPROVAL:

Public Works Director/City Engineer

Date

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EXHIBIT “A”

Preparation of Trail Landscape designs and Design Support Services during construction
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Please consider this as a formal change order request for the Juan Bautista de Anza Multi-Use Trail from Moreno Valley Mall to Iris Avenue, Project No. 801 0086 ATPSB1L- 5441(076) to provide for added services consisting of Engineering Support During Construction, and preparation of Landscape and Irrigation plans and specifications.

KOA proposes an allowance of $10,000.00 for as needed services for Engineering Support During Construction at the rates for the current design services agreement.

Recently during conversations with Caltrans, it was found that the project design needed to include Landscape and Irrigation plans and specifications in the PS&E package to be considered complete. Due to the urgent project submittal deadline to retain funding, and no other avenue available to complete the work in such a short time frame, KOA offered to proceed to subconsult with MIG, a landscape design firm, to complete this work. The total fee from MIG was $12,247.50 (a copy of the MIG invoice is attached below).

KOA is requesting that the City approve a project change order, or issue a separate purchase order, in the amount of $12,247.50 to cover only the subconsultant fees. KOA will absorb its own costs entailed in revising the plans and specifications and coordinating with MIG so as not to overburden the project. We also request that KOA be authorized to reallocate hours within the various tasks listed in KOA's fee structure (tasks 010 to 050) so long as the original total is retained.

Add on services proposed:

Engineering Support During Construction (as needed allowance) $10,000.00 Landscape and Irrigation plans and specifications $12,247.50 Total $22,247.50

Sincerely,
KOA Corporation

Chuck Stephan, P.E.

Vice President. Director of CM Division
KOA Project No. JC04042
TO
Harold Zamora
Principal Engineer
Public Works
City of Moreno Valley
14331 Frederick St
Moreno Valley, CA 92553
by email:
[email protected]
cc:
[email protected]

FROM
Mr. Chuck Stephan, PE
Vice President
3190 Shelby Street, Bldg C.

Ontario, CA 91764
T: 714.573.0317
F: 323.260.4705
C: 310.525.0678

RFP
Moreno Valley
ATP4 Trail Design Project
Request for Add-On Services

DATE
September 28, 2022

1100 Corporate Center Dr., Suite 201, Monterey Park, CA 91754 T: 323.260.4703 | F: 323.260.4705 | www.koacorp.com

MONTEREY PARK ORANGE ONTARIO SAN DIEGO LA QUINTA CULVER CITY A.24.e
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FOURTH AMENDMENT TO AGREEMENT

ON-CALL PROFESSIONAL CONSULTANT SERVICES

FOR CIVIL ENGINEER/PROJECT MANAGER SERVICES
This Fourth Amendment to Agreement (hereinafter, this “Agreement”) is made and entered into this day of 2022 (“Effective Date”), by and between the City of Moreno Valley, a municipal corporation in the County of Riverside, State of California, hereinafter referred to as the “City,” and Chris Alan Vogt, doing business as, CAV Consulting, a sole proprietorship, hereinafter referred to as “Consultant.”

RECITALS:

Whereas, the City and Consultant entered into an Agreement entitled “PROJECT

SPECIFIC AGREEMENT FOR ON-CALL PROFESSIONAL CONSULTANT SERVICES FOR CIVIL ENGINEER/PROJECT MANAGER SERVICES” hereinafter referred to as “Agreement,” dated September 14, 2021.

Whereas, the Consultant is providing Civil Engineer/Project Manager Services for various Capital Improvement Projects.

Whereas, the Agreement was amended by the “First Amendment to Agreement for On-Call Professional Consultant Services for Civil Engi neer/Project Manager Services” dated November 04, 2021.

Whereas, the Agreement was amended by the “Second Amendment to Agreement for On- Call Professional Consultant Services for Civil Engineer/Project Manager Services” dated February 08, 2022.

Whereas, the Agreement was amended by the “Third Amendment to Agreement for On- Call Professional Consultant Services for Civil E ngineer/Project Manager Services” dated August 04, 2022.

Whereas, it is desirable to amend the Agreement to expand the scope of the work to be performed by the Consultant and modify the Paym ent Terms as more particularly described in Section 1 of this Fourth Amendment.

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FOURTH AMENDMENT TO AGREEMENT FOR

CIVIL ENGINEER/PROJECT MANAGER SERVICES

SECTION 1 AMENDMENT TO ORIGINAL AGREEMENT:

1.1 The Agreement termination date of December 31, 2023 is not extended by this Amendment, unless the termination date is further extended by an Amendment to the Agreement.

1.2 Exhibit “B” to the Agreement is hereby amended by adding to the scope of work section described in said Exhibit “A” of this Third Amendment.

1.3 Exhibit “D” to the Agreement is hereby further amended by adding the cost as included in Exhibit “A” of this Third Amendment.

1.4 The total “Not to Exceed” fee for this contract is $574,500 ($74,500.00 for the original Agreement, $0 for the First Amendment to Agreement, $200,000 for the Second Amendment, $200,000 for the Third Amendment; plus $100,000 for the Fourth Amendment to Agreement).

SECTION 2

2.1 Except as otherwise specifically provided in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

SIGNATURE PAGE TO FOLLOW:

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FOURTH AMENDMENT TO AGREEMENT FOR

CIVIL ENGINEER/PROJECT MANAGER SERVICES

IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.

City of Moreno Valley Chris Alan Vogt dba CAV Consulting

B Y : B Y :

Mike Lee, City Manager
Name:

D a t e T I T L E :
(President or Vice President)

D a t e

Enclosure: Exhibit “A” - Consultant Proposal

INTERNAL USE ONLY

APPROVED AS TO LEGAL FORM:

City Attorney

Date

RECOMMENDED FOR APPROVAL:

Public Works Director/City Engineer

Date
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Page 1 ends

October 27, 2022Public Works DepartmentCity 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 – Additional Projects Services CAV Consulting is pleased to submit our proposal for additional Project Management Services to the existing contract for On-Call Professional Consulting Services for Civil Engineer/Project Manager for the City of Moreno Valley. provided by experienced, professional staff who have the qualifications skills 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, and additional project workloads, the City has requested additional support services available under the current contract to be addedCAV Consulting’s blend of extensive and diverse experience 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 ensuring the success of our client’s programs and projects. The combined experience of our professionals through years of working 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. Cost EstimateThe 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 RATEESTIMATED HOURSCOST Management Analyst Services $109.00 400 $43,600 Sr. Project Management Services (Continued)$163.00 346 $56,398 Total $ 100,000 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 A.24.f
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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. Please do not hesitate to contact me directly if you have any questions or would like additional information about how wecan assist the City.Chris A. Vogt, PE | President/Owner17130 Van Buren Blvd, Suite 526Riverside, CA 92508direct [email protected]. This proposal will remain valid for 180 days from the due date for the receipt of proposals or receipt of the last bestand final offer submitted. Thank you for the opportunity to serve the City of Moreno Valley.Sincerely,Chris A. Vogt, PEPresident/Owner A.24.f
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Attachment: Fourth Amendment to Agreement with CAV Consulting (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT TO Fee Schedule FY 2022/23CAV CONSULTING - HOURLY RATES FOR S ERVICES Hourly billing rates for the specific Project Management Services proposed are as follows:Classification RatePrincipal................................................................................................................................................................. $180Public Works Director................................................................................................................................................174City Engineer.............................................................................................................................................................168 Senior Project Manager.............................................................................................................................................163ProjectManager........................................................................................................................................................ 157TrafficEngineer......................................................................................................................................................... 163 Senior Construction Manager .....................................................................................................................................152 ConstructionManager............................................................................................................................................... 147ManagementAnalyst ................................................................................................................................................ 109 StaffAnalyst................................................................................................................................................................98PlanningManager ..................................................................................................................................................... 152 Resident Engineer .................................................................................................................................................... 155 Plan Check Engineer III ............................................................................................................................................. 152 Plan Check Engineer II.............................................................................................................................................. 147 Plan Check Engineer I............................................................................................................................................... 141 SeniorEngineer ........................................................................................................................................................ 147 AssociateEngineer ................................................................................................................................................... 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 A.24.f
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Date Adopted: ______ __, 2022

RESOLUTION NO. 2022-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY, CALIFORNIA, AWARDING PROJECT NO. 801
0086 TO PUB CONSTRUCTION INC. AND REJECTING THE BID
SUBMITTED BY GMZ ENGINEERING INC. AS NON-RESPONSIVE

WHEREAS, the City of Moreno Valley (“City”) is a general law city organized pursuant to Article XI of the California Constitution; and

WHEREAS, under California state law, projects that fall within the definition of “public works” and “public project” are subject to a variety of legal requirements, including those related to competitive bidding; and

WHEREAS, pursuant to Moreno Valley Municipal Code Section 3.12.300 (Public Projects – General), of Chapter 3.12 (Purchasing) of Title 3 (Revenue and Finance) , the City has adopted the procedures set forth in the Uniform Public Construction Cost Account Act (the “Act”), as set forth in Public Contract Code Sections 22000 et seq., which established an alternative method for the bidding of public works projects; and

WHEREAS, under the Act, public works projects exceeding $200,000 shall be let by contract by formal bidding; and

WHEREAS, pursuant to the Act, if a contract is awarded, “it shall be awarded to the lowest responsible bidder” (Public Contract Code 22038) , which includes, in relevant part, a determination whether or not the lowest monetary bidder submitted a responsive bid; and

WHEREAS, to be “responsive”, a bid must conform to the material terms of the bid package, and must promise to do what the bidding instructions demand; and

WHEREAS, a discrepancy in a bid may be waived if it is not material; that is, it does not affect the amount of the bid, give a bidder an advantage over others, serve as a potential vehicle for favoritism, influence other potential bidders to refrain from bidding, or affect the ability to make bid comparisons; and

WHEREAS, a bid is materiall y non-responsive (and thus may not be accepted) if it gives the bidder a competitive advantage not available to other bidders. As one California court explained, “a basic rule of competitive bidding is that bids must conform to specification, and that if a bid does not so conform, it may not be accepted [Citations.] However, it is further well established that a bid which substantially conforms to a call for bids may, though it is not strictly responsive, be accepted if the variance cannot have affected the amount of the bid or given a bidder an advantage or benefit not allowed other bidders or, in other words, if the variance is inconsequential…” Konica Business Machs.

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Date Adopted: ______ __, 2022

U.S.A., Inc. v. Regents of Univ. of Cal ., 206 Cal. App. 3d 449, 456-57 (1988) (quoting 4 7 Ops.Cal.Atty.Gen. 129, 130 -131 (1966).). Most clearly, a deviation which affects the bidder’s price would be a material deviation, and therefore may not be accepted; and

WHEREAS, additionally, the City’s bid documents further require the apparent three (3) low [b]idders to submit wet signature originals Bidder’s Bonds within 72 hours of City’s request as a further condition to determining if a [b]id is responsive; and

WHEREAS, the instant project for the Juan Bautista de Anza Multi -Use Trail Phase 4 (Project No. 801 0086) (the “Project”) was advertised for construction bids on September 8, 2022, following formal bidding procedures. Two (2) bids were received via the City’s electronic bid management system, PlanetBids, on October 20, 2022 . The bid submitted by GMZ Engineering Inc. (“GMZ”) was the apparent lowest bidder; and

WHEREAS, in relevant part the Project bid solicitation, the Notice Inviting Bids, and bid documents required that compensation for mobilization not exceed five percent (5%) of total bid amount, as set forth in the Technical Provisions: Payment for Mobilization; and

WHEREAS, additionally, the Notice Inviting Bids expressly required that the prime contractor perform at least fifty percent (50%) of contract work; and

WHEREAS, upon receipt and opening of bids, City followed standard procedures in evaluating the apparent low bid, and tabulated GMZ’s bid to ensure the bid was responsive.

In relevant part, City reviewed the bid to ensure the prime contractor would perform at least 50% of contract work, as required in the bid solicitation. City discovered a zero-dollar value for subcontractor Superior Pavement Markings (the “Subcontractor”) , which was then brought to GMZ’s attention . In response to City’s inquiry, GMZ provided quotes from Subcontractor evidencing an additional $91,243 of subcontracted work. Upon recalculation, it appeared GMZ would perform 50% of contract work (such calculation evidenced GMZ performing 50.36% of contract work). Additionally, on October 20, 2022, the City sent an email requesting wet signature original bid bonds. No wet signature original Bid Bonds were submitted within 72 hours of request, as required in the “Instructions to Bidders”, but were eventually provided on November 7, 20 22 after a telephone call with bidder, where they advised staff they did not receive the October 20, 2022, request. Contemporaneously, City staff opened the second lowest bidder’s bid documents, which included a protest letter challenging the potential award to GMZ due do GMZ’s failure to meet the bid requirements because GMZ’s mobilization compensation exceeded the five percent mobilization threshold. Upon City review, it was determined GMZ’s bid for mobilization was 6.8%. When GMZ reached out to City requesting an update on the bid evaluation, the issues noted above were communicated to GMZ. GMZ then informed the City that the quote submitted by GMZ to City for the Subcontractor work was submitted in error, and that GMZ would actually be performing such work itself. GMZ further requested City waive the mobilization deviation and GMZ would agree to decrease the mobilization from 6.8% to 5%. Even assuming arguendo that City was lawfully permitted to decrease the mobilization to 5% , this would result in GMZ failing to satisfy the requirement they perform 50% or more of contract work A.24.g
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Attachment: RESOLUTION REJECTING GMZ BID JUAN BAUTISTA TRAIL PROJECT (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION Resolution No. 2022-XX
Date Adopted: ______ __, 2022

(GMZ would only be performing 49.46%) , unless City allowed GMZ to perform the work evidenced in Subcontractor’s proposals; and

WHEREAS, GMZ’s bid exceeded the 5% mobilization threshold. If the City were to waive this deviation as immaterial and automatically lower the mobilization to 5%, it would result in lowering the bid by $106,895.90 – which clearly affects the bidder’s price, which is a material deviation; and

WHEREAS, GMZ further failed to provide wet signature bid bond within 72 hours of request; and

WHEREAS, accordingly, GMZ’s bid is rejected as being materially non -responsive, and City desires to award the contract to Pub Construction, the lowest responsible bidder who submitted a responsive bid; and

WHEREAS, the law firm of Finch Thornton Baird Attorneys at Law sent the City a letter dated November 7, 2022 (attached hereto as Exhibit “A”), setting forth grounds why they believe the City may award the contract to GMZ, which generally argues that GMZ’s bid is responsive and the “perceived error regarding the 5 percent limit on mobilization is immaterial”.

NOW, THEREFORE, the City Council of the City of Moreno Valley does hereby resolve as follows:

Section 1. Recitals

That the recitals set forth above are true and correct, and are hereby incorporated herein by this reference, and adopted as findings in support of this Resolution.

Section 2. GMZ’s Bid is Non-Responsive and Cannot be Accepted

That GMZ’s bid is materially non-responsive, and City cannot accept such bid.

Section 3. Award Contract

That the City award the Project contact to the lowest responsible and responsive bidder, Pub Construction Inc., in accordance with the terms and conditions set forth in the December 6, 2022, staff report.

Section 4. CEQA Review – Categorical Exemption

The City Council hereby finds that in accordance with the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines , this project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301(c) as a Class 1 (Existing Facilities) because this project, in relevant part, approves minor alterations to existing public facilities.

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Attachment: RESOLUTION REJECTING GMZ BID JUAN BAUTISTA TRAIL PROJECT (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION Resolution No. 2022-XX
Date Adopted: ______ __, 2022

Section 4. Effective Date

That this Resolution shall become immediately upon its adoption.

Section 4. Severability

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 and/or Nexus Study as hereby adopted shall remain in full force and effect.

Section 5. Repeal of Conflicting Provisions

That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

Section 6. Certification

That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.

APPROVED AND ADOPTED this ___ day of _____, 2022.

Mayor
ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney
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Attachment: RESOLUTION REJECTING GMZ BID JUAN BAUTISTA TRAIL PROJECT (5977 : AUTHORIZATION TO AWARD A CONSTRUCTION Resolution No. 2022-XX
Date Adopted: _______ __, 2022

RESOLUTION JURAT

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, , City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the day of , by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Council Members, Mayor Pro Tem and Mayor)

CITY CLERK

(SEAL)

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Date Adopted: _______ __, 2022

EXHIBIT “A”

NOVEMBER 7, 2022 MEMORANDUM PREPARED BY FINCH THORNTON BAIRD

ATTORNEYS AT LAW

[SEE ATTACHED]
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Report to City Council

ID#5979 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Acting Public Work Director/City Engineer

AGENDA DATE: December 6, 2022

TITLE: APPROVE THE SECOND AMENDMENT TO THE

AGREEMENT FOR ON -CALL PROFESSIONAL

CONSULTANT SERVICES FOR ENVIRONMENTAL

ASSESSMENT WIT H CASC ENGINEERING AND
CONSULTING, INC. FOR THE SEVEN LOT AFFORDABLE
HOUSING PROJECT, APN 481-270-058

RECOMMENDED ACTION
Recommendations:

1. Approve the Second Amendment to the Agreement for On-Call Professional Consultant Services for Environmental Asses sment with CASC Engineering and Consulting, Inc. (CASC, Inc.), to perform Final Design and Environmental Clearance, for the Seven Lot Affordable Housing project, APN 481 -270-058, funded with Housing Authority funds (Fund 8884);

2. Authorize the City Manager to execute the Second Amendment to Agreement and any subsequent amendments for On -Site and/or Professional Services (Design Professional Services) with CASC, Inc., subject to the approval by the City Attorney;

3. Authorize an amendment to the existing Purch ase Order with CASC, Inc. in the amount of up to but not to exceed $164,870.00 ($50,000.00 for the original Agreement, $0 for the First Amendment, plus $114,870.00 for the Second Amendment to agreement) once the Agreement has been signed by all parties; and

4. Authorize a budget adjustment as set forth in the Fiscal Impact section of this report.

SUMMARY

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This report recommends approval of a Second Amendment to the Agreement for On- Call Professional Consultant Services for Environmental Assessment with CASC, Inc., to perform additional Design and Environmental Services, for the Seven Lot Affordable Housing project, APN 481-270-058, which is funded with Housing Authority funds (Fund 8884).

DISCUSSION

The project involves the City of Moreno Valley’s Housing A uthority Owned property, Assessor’s Parcel Number 481-270-058, located on the north side of Eucalyptus Avenue approximately 600 feet west of Heacock Street and will construct seven affordable single-family homes.

The purpose of the project is to provide the opportunity of single-family home ownership to seven qualifying families.

The City entered into an Agreement for On-Call Professional Consultant Services for Environmental Assessment with CASC, Inc. in June 2021 to provide conceptual design and prepare required CEQA and NEPA environmental documentation and studies. The First Amendment in May 2022 extended termination date from June 30, 2022 to June 30, 2024. The Second Amendment to the original Agreement amends the scope to include additional design services in anticipation of a construction ready project.

Approval of the recommended actions would support the City’s five -year Consolidated Housing and Community Development Plan, and Annual Action Plan, meeting the objectives of the HOME Investment Partnerships Program (HOME), which includes:

• To expand the supply of decent, safe, sanitary, and affordable housing, primarily rental housing.
• To strengthen the ability of state and local government to provide housing. • To assure that federal housing se rvices, financing, and other investments are provided to state and local governments in a coordinated, supportive fashion. • To expand the capacity of nonprofit community -based housing development organizations (CHDOs).
• To leverage private sector participation in financing affordable housing

ALTERNATIVES

1. Approve and authorize the recommended actions as presented in this staff report.

This alternative will provide for the timely design of the Seven Lot Affordable Housing project.

2. Do not approve and authoriz e the recommended actions as presented in this staff report. This alternative will delay the design of the Seven Lot Affordable Housing project.

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FISCAL IMPACT

This project is funded by Housing Authority funds (Fund 8884). There is no impact to the General Fund.

Fund GL Account
Project Number
Type Proposed
Adjustment
Housing Authority 8884-30-36-20601-620299

EUCGROVE-HA-OTHER
EXP $114,870

ESTIMATED PROJECT COSTS:

Final Design ...................................................................................................... $115,000 Project Administration and Inspection ............................................................... $100,000 Total .................................................................................................................. $215,000 ANTICIPATED PROJECT SCHEDULE:

Environmental Clearance .............................................................................. Winter 2022 Land Division (Subdivide property into 7 legal lots) ....................................... Spring 2023 Complete Final Design ............................................................................. Summer 2023

NOTIFICATION

Publication of the Agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Josh Frohman, PE Melissa Walker, P.E.

Senior Engineer Acting Public Works Director / City Engineer

Concurred By:

Harold Zamora, PE
Capital Projects Principal Engineer

CITY COUNCIL GOALS
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.

Community Image, Neighborhood Pr ide 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
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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. Location Map

2. Second Amendment with CASC, Inc.

APPROVALS

Budget Officer Approval ✓ Approved . 11/28/22 7:43 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 11/28/22 4:00 PM A.25
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FIRST AMENDMENT
Project Name: Seven Lot Affordable Housing Project
APN 481- 270- 058
North side of Eucalyptus Avenue, East of Heacock Street Amendment to City Contract 2022-60

Page 1 of 1 ends

ATTACHMENT 1 - LOCATION MAP
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Attachment: Location Map (5979 : APPROVE THE SECOND AMENDMENT TO THE AGREEMENT FOR ON-CALL PROFESSIONAL CONSULTANT

SECOND AMENDMENT TO AGREEMENT

FOR ON-CALL PROFESSIONAL CONSULTANT SERVICES FOR ENVIRONMENTAL ASSESSMENT—EUCALYPTUS

This Second Amendment to Agreement is made and entered into this _____ day of _____________ 2022 (“Effective Date”), by and between the City of Moreno Valley, a municipal corporation in the County of Riverside, State of California, hereinafter referred to as the “City,” and CASC ENGINEERING AND CONSULTING, INC., a CALIFORNIA CORPORATION, hereinafter referred to as "Consultant."

RECITALS:

Whereas, the City and Consultant entered into an Agreement entitled "AGREEMENT FOR On-Call Professional Consultant Services for Environmental Assessment — Eucalyptus Avenue," hereinafter referred to as "Agreement," dated June 16, 2021.

Whereas, the Consultant is providing design professional services for the preparation of project Plans, Specifications, and Estimate (PS&E) to complete the final design.

Whereas, the Agreement was amended by the “First Amendment to Agreement for On-call Professional Consultant Services” dated May 12, 2022.

Whereas, it is desirable to amend the Agreement to modify the Payment Terms as is more particularly described in Section 1 of this Second Amendment Whereas, the Consultant has submitted a Proposal dated September 15, 2022, for the PS&E scope of work to be performed. A copy of the said Proposal is attached as “Exhibit A” and is incorporated herein by this reference.

SECTION 1 AMENDMENT TO ORIGINAL AGREEMENT:

1.1 The Agreement termination date of June 30, 2024 is not extended by this Amendment.

1.2 Exhibit “C” to the original Agreement is hereby amended by adding the cost as A.25.b
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Attachment: Second Amendment with CASC, Inc. (5979 : APPROVE THE SECOND AMENDMENT TO THE AGREEMENT FOR ON-CALL

SECOND AMENDMENT TO AGREEMENT FOR

PROFESSIONAL SERVICES (DESIGN PROFESSIONAL SERVICES)

included in “Exhibit A” of this Second Amendment.

1.3 The total “Not to Exceed” fee for this contract is $164,870.00 ($50,00.00 for the original Agreement, $0 for the First Amendment, plus $114,870.00 for the Second Amendment to Agreement).

SECTION 2

2.1 Except as otherwise specifically provided in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.

SIGNATURE PAGE TO FOLLOW:

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\\NIMOY\CapProj\_STAFF\JoshF\202007 RFS Survey Legal and Plat s for APN 481-270-058 for ML\CASC\Amendment #2 to CASC Enviro Contract\2nd Amendment_CASC_8884 30 36 20601 620299 Design Phase draft v2.doc

City of Moreno Valley CASC Engineering and Consulting, Inc.

BY: BY:

Mike Lee, City Manager

TITLE:
(President or Vice President)

Date
Date

BY:

TITLE:
(Corporate Secretary)

Date

Attachment: Exhibit “A” – Scope of Serv ices & Schedule of Costs Proposal for PS&E

INTERNAL USE ONLY

APPROVED AS TO LEGAL FORM:

City Attorney

Date

RECOMMENDED FOR APPROVAL:

Public Works Director/City Engineer

Date

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Attachment: Second Amendment with CASC, Inc. (5979 : APPROVE THE SECOND AMENDMENT TO THE AGREEMENT FOR ON-CALL

EXHIBIT “A”

SCOPE OF SERVICES & SCHEDULE OF FEES PROPOSAL FOR PS&E
(see attachment)

A.25.b
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Attachment: Second Amendment with CASC, Inc. (5979 : APPROVE THE SECOND AMENDMENT TO THE AGREEMENT FOR ON-CALL 1470 E. Cooley Drive
Colton, CA 92324
Office: 909.783.0101
Fax: 909.783.0108
www.cascinc.com

PROPOSAL FOR AUTHORIZATION FOR ADDITIONAL WORK
Harold Zamora, Principal Engineer
Public Works
City of Moreno Valley
14177 Frederick Street
Moreno Valley, CA 92553
Dear Mr. Zamora,
CASC Engineering and Consulting has developed the following Scope of Services and Schedule of Fees for additional services requested to your proposed project. These services are being provided to you outside of the original Scope of Services and Schedule of Fees. You will be invoiced for this work in accordance with the fee schedule below and our standard hourly fee rate schedule.

SCOPE OF SERVICES PROPOSAL
&

SCHEDULE OF FEES
See Attachment “A”
This additional work order is an addendum to the existing contract to accommodate the request for the preparation of the Survey and Mapping, and Final Engineering for the project. The terms and conditions of the original contract are applicable to this addendum. Subsequent to your review of the above referenced Scope of Services, please sign and return this form to CASC Engineering and Consulting so that work efforts may commence. A digital copy of the signed additional work order is acceptable.

Sincerely,

CASC ENGINEERING AND CONSULTING
Anthony Mistretta, P.E.

Associate Director of Engineering
AM/KI
Authorized by:

CITY OF MORENO VALLEY
By:

Name/Title:

Date:

Date: September 15, 2022
Job No. 561-0177
Addendum No.: 01
Description: Survey and Mapping, and
Final Engineering
EXHIBIT "A" A.25.b
Packet Pg. 987
Attachment: Second Amendment with CASC, Inc. (5979 : APPROVE THE SECOND AMENDMENT TO THE AGREEMENT FOR ON-CALL 1470 E. Cooley Drive
Colton, CA 92324
Office: 909.783.0101
Fax: 909.783.0108

www.cascinc.com

ATTACHMENT “A”

I. SURVEY AND MAPPING

A. DESIGN SURVEY
Provide a field survey and office calculations as needed to establish horizontal and vertical control for the project. Basis of bearing and elevations will be referenced to the latest Record Map and City, County Control and Benchmarks.

CASC will locate all existing physical features. Physical features shall include natural ground, BCR, ECR, flow- lines, centerlines, grade breaks, angle points, top of curb, spandrels, pavement striping, utilities, structures, walls, trees and landscape, painted underground and surface utilities, poles, hydrants, catch basins, signs, valves, manholes, and all other physical features as well as inverts of all accessible utilities. Survey data will be compiled into a base map with one -foot contours generated. Assumes extending the cross sections beyond the project +/ - 50 feet in the east and west direction as well as to the centerline of the existing street.

B. PRELIMINARY TITLE REPORT REVIEW
CASC will perform a review of the project’s pr eliminary title report and the schedule “B” documents for Assessor’s Parcel Number 481-270-058 to identify the record project boundary and all plottable and non - plottable easement, existing road dedications and any other site encumbrances identified in the preliminary title report. Current Preliminary Title Report is required for first plan checking submittal. THE

PRELIMINARY TITLE REPORT WILL BE PROVIDED BY THE CLIENT OR BY THE CLIENTS TITLE COMPANY ALONG WITH THE SCHEDULE “B” DOCUMENTS. Any fees associate d with the preliminary title report will be the client responsibility.

C. BASE MAPPING QUALITY CONTROL
CASC will review the project digital base map provided by the client. The review will compare the recorded tract map to the digital base to ensure that all line work, boundary annotation, easement callouts, street dedications, lot dimensions, lot areas, street widths, right of way annotation and centerline annotation are as shown on the recorded map and per the Boundary Survey. Any discrepancies between the digital base map and recorded tract map and per the Boundary Survey will be revised to reflect the information on the recorded tract map. Once the digital map is deemed complete it will be used as the foundation for all engineering plans.

II. FINAL ENGINEERING

D. INFILTRATION TESTING
LOR Geotechnical will provide proposed infiltration testing as follows:

1. Review of available geologic documents relating to the site and vicinity provided by you as well as their 2022 geotechnical report.

2. Conduct a total of four (4) double ring infiltrometer tests within the proposed infiltration areas at depths of approximately 3 to 4 feet.

3. Development of conclusions and recommendations for the infiltration characteristics of the area.

4. Preparation of a report summarizing their investigation, with conclusions, recommendations, and design requirements regarding the infiltration feasibility of the subject area with the use of pervious concrete.

A.25.b
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Attachment: Second Amendment with CASC, Inc. (5979 : APPROVE THE SECOND AMENDMENT TO THE AGREEMENT FOR ON-CALL 1470 E. Cooley Drive
Colton, CA 92324
Office: 909.783.0101
Fax: 909.783.0108

www.cascinc.com

SCHEDULE AND DELIVERABLES
LOR staff is prepared to begin work on this project immediately once notification to proceed and required retainer are received. Their Infiltration Testing report will be submitted within approximately one to two weeks after testing is completed, barring adverse weather or other conditions outside of their control.

E. PRECISE GRADING PLANS
CASC will prepare a Precise Grading Plan for the project utilizing City of Moreno Valley Design Guidelines.

The precise grading plan will be based on the layout and house models reflected on the conceptual plan provided by the City . The Precise Grading Plan will specify: pad elevations; drainage swales; area drains where necessary; house, porch and garage finish floor elevations; house walk elevations; and driveway grades.

F. EROSION CONTROL PLAN
CASC will prepare an erosion control plan at a scale of 1” = 40’ to r eflect the erosion control measures required for the project site through the construction stage. The plan will be based on the design reflected on the Precise Grading Plan.

G. WATER AND SEWER IMPROVEMENT PLAN
CASC will prepare on-site domestic water and sanitary sewer improvement plans for the proposed facilities within Strickler Way.

H. STREET IMPROVEMENT PLAN
CASC will prepare improvement plans at a scale of 1” = 40’ horizontal and 1” =4’ vertical per City of Moreno Valley standards for the proposed street ‘Strickler Way’. The Street Improvement Plan will include the locations of the proposed streetlights only and assumes the supporting electrical infrastructure design will be provided by others.

I. HYDROLOGY STUDY
CASC will perform a hydrology study for the on-site drainage area within the property limits. The following tasks will be performed as part of the on-site hydrology study:

a. Hydrology analysis using the Riverside County Rational Method to evaluate the 10 -year and 100-year peak flow rates for the pre- and post-project condition. The rational method hydrology analysis will be used to confirm the proposed street capacity within Strickler Way and the capacity of the existing storm drain in Eucalyptus Ave.
b. Hydrology analysis using the Riverside County Unit Hydrograph Method to evaluate the 2-year/24-hour peak flow rates and flood volumes for the pre -project and post-project conditions. These results will be used to demonstrate compliance with Riverside County storm water HCOC mitigation requirements. c. One (1) hydrology map will be prepared in support of the Rational Method Analysis delineating the proposed condition drainage subarea boundaries, flow patterns, and nodal points for purposes of performing the hydrology calculations.
d. Normal Depth hydraulic calculations to support street and storm drain facility capacities.

The above findings and calculation results will be used to design the proposed street and confirm downstream storm drain capacity post-development; however, a Drainage Report will not be provided as the City has confirmed a report will not be required of the project.

This study assumes there are no significant off-site drainage areas tributary to the project site and off-site A.25.b
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Attachment: Second Amendment with CASC, Inc. (5979 : APPROVE THE SECOND AMENDMENT TO THE AGREEMENT FOR ON-CALL 1470 E. Cooley Drive
Colton, CA 92324
Office: 909.783.0101
Fax: 909.783.0108

www.cascinc.com

adjacent streets have sufficient capacity to carry flows generated by those areas. Therefore, no off -site hydrology or street capacity calculations will be provided.

J. FINAL WATER QUALITY MANAGEMENT PLAN (F-WQMP)
CASC will prepare a Final Water Quality Management Plan (F-WQMP) in accordance with the requirements set forth in the Water Quality Management Plan: A Guidance Document for the Santa Ana Region of Riverside County, approved October 22, 2012 (Guidance). The F WQMP will generally follow the WQMP template included in the Guidance. Project cond itions show that Eucalyptus Avenue has already been constructed to its full width; therefore, off -site road improvements are not anticipated for this project except for an opening to connect the proposed cul-de-sac. The F-WQMP will therefore provide stormwater management for on-site runoff only. CASC’s initial research shows that the project is not located within an area that is exempt from addressing Hydrologic Condition of Concern (HCOC).

Infiltration testing is an essential requirement for completing the F-WQMP. The results of the testing is critical to determine the appropriate project BMPs. Infiltration testing is to be performed by others and is not part of CASC’s scope of work.

CASC assumes that three submittals will be required for F-WQMP approval. CASC will provide an electronic copy of the F-WQMP for the client. Upon receipt of comments from the City, CASC will revise the F-WQMP to incorporate comments within the scope of services and provide one revised electronic copy of the F - WQMP to the client. Final revisions, based on second review comments, to the F-WQMP will be submitted in similar fashion for approval.

K. COVENANT AND AGREEMENT
CASC will prepare the Covenant and Agreement for BMP Maintenance to be recorded after acceptance of the F-WQMP by the City. CASC will obtain approval as to form from the City prior to obtaining signatures and notaries from the owner.

L. WATER QUALITY MANAGEMENT PLAN (WQMP) EASEMENT
CASC will prepare the Legal Description and Plat for the project overall boundary in support of the F-WQMP.

M. STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
CASC will prepare a Stormwater Pollution Prevention Plan (SWPPP) for the development of the project.

The SWPPP will be prepared in accordance with the California Construction General Permit (NPDES Permit No. 2009-0009-DWQ as amended by 2010-0014-DWQ and 2012-0006-DWQ). The SWPPP for this project is assumed to be prepared as a Risk Level 1. CASC will prepare the SWPPP in general conformance with the SWPPP template included on the California Stormwater Quality Association’s Construction Handbook website, with deviations determined appropriate in the judgment of CASC. The SWPPPs will be signed by a CASC Qualified SWPPP Developer (QSD).

N. SMARTS NOTICE OF INTENT SUPPORT
CASC, acting as a Data Submitter in the state’s Storm Water Multiple Application and Report Tracking System (SMARTS), will assist with the completion of the Notice o f Intent (NOI), complete the Project Risk Assessment, and will upload an electronic copy of the SWPPP.

O. AGENCY PROCESSING
CASC will provide up to thirty-two (32) hours of coordination and processing time with the City and other agencies to gain approval of the Final Engineering Plans and Reports. This scope includes time to complete and process the Engineering submittal packages, and review, coordinate, and respond to agency A.25.b
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Attachment: Second Amendment with CASC, Inc. (5979 : APPROVE THE SECOND AMENDMENT TO THE AGREEMENT FOR ON-CALL 1470 E. Cooley Drive
Colton, CA 92324
Office: 909.783.0101
Fax: 909.783.0108

www.cascinc.com

comments, as necessary. Time is to be billed only as incurred. Additional time will be billed on a time and material basis in accordance with our Standard Hourly Fee Rate Schedule.

P. MEETINGS AND COORDINATION
CASC will provide up to forty (40) hours of meeting and coordination time with the Client, other consultant team members, and local agencies in support of the scope of services identified above. Time for this item will be billed only as incurred. Additional time w ill be billed on a time and material basis in accordance with our Standard Hourly Fee Rate Schedule.

III. UTILITY COORDINATION

Q. UTILITY COORDINATION & MANAGEMENT – STANDARD SCOPE
Morrow Management will provide dry utility coordination as follows:
a) Preliminary Design Development/Planning
i. Obtain pertinent information from Client and team members related to project site plans, anticipated densities/loads, project phasing and construction responsibilities. ii. Prepare conceptual utility layouts for electric, communication and gas facilities referencing mainline joint trench, service points and structure locations. iii. Review preliminary/planning documents with Client and team members for potential conflicts, constraints and/or additional revisions.
iv. Modify preliminary/planning documents with updated information received from team members or utilities.
v. Prepare additional detailed exhibits to include such items as: working clearances, access requirements, phasing/work order breakdown, etc. vi. With approval from Client and/or selected team members, discuss preliminary/planning documents with each utility and/or initiate the in -house final design as part of the applicant design process.
b) Plan Processing and Final Design Coordination
i. Coordinate with civil engineer, architect and other design team members to review and obtain pertinent project design information for utility company design submittals. ii. Complete Customer Information sheet with Client and/or team members iii. Complete required authorization forms and/or related submittal documents. iv. Prepare listing of required submittal information such as street improvement plans, grading, plot plans, etc.
v. Prepare preliminary schedule outlining anticipated tasks, duration and projected milestones.
vi. Prepare and submit appropriate documents and plans to each utility. vii. Attend utility design conference and other related meetings as required during the preliminary design process.
viii. As applicable, submit Client approved preliminary design (prepared by Consultant) to utility to incorporate into their respective utility design. ix. Maintain regular interface and coordination with each utility provider to complete the utility’s preliminary designs.
x. Review and coordinate any preliminary design revisions with each utility provider. xi. Review preliminary utility designs for accuracy and acceptance in preparation for team review and Client’s approval and signature.
xii. As applicable, submit Client approved preliminary utility design to each utility provider A.25.b
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Attachment: Second Amendment with CASC, Inc. (5979 : APPROVE THE SECOND AMENDMENT TO THE AGREEMENT FOR ON-CALL 1470 E. Cooley Drive
Colton, CA 92324
Office: 909.783.0101
Fax: 909.783.0108

www.cascinc.com

for final design preparation.
xiii. Provide on-going interface and coordination with each utility to complete final utility design.
xiv. Review final design for accuracy and compatibility to preliminary design modifications. xv. Coordinate final utility design review and approval with Clie nt and design team.

Provide AutoCAD plans to Client and consultants as directed and if available to allow for the production of overlays and comprehensive site utility documentation. xvi. Coordinate and obtain each utility company’s agreements, billings and ri ght-of-way documents. Standard Scope assumes the standard utility easement and utility documents. Additional fees may result for the time associated with processing any non-standard agreements or easements including any third -party easement coordination
xvii. Review all utility agreements and easements for accuracy of cost methodology, rule application and conformance to the Client’s requirements and responsibilities.

Submitted billing/contract package to Client shall include a summary of costs and potential refunds for the Client’s execution and payment. xviii. Process executed agreements, billings and right-of-way documents with utilities. xix. Verify completed/approved work order and/or design status with each utility. xx. It is assumed that the Client will process any appl icable applications and/or authorizations (including related streetlight forms) with the municipality as required. c) Pre-Construction
i. Coordinate and attend one (1) pre -trench meeting (per work order) with utility representatives at Client’s direction. Meeting to include utility representatives, Client’s superintendent and trenching contractor with the goal of discussing any design or site issues and to establish utility installation schedules. ii. Notify each utility provider of project schedule requirements in order to advance order all necessary materials and scheduling of crews to make-up and energize the system. iii. Prepare and distribute one (1) construction schedule to the Client, development team, trenching contractor and utility inspectors based on the dates discussed at the pre - trench meeting.
iv. At the Client’s request assist with construction coordination of dry utility installation following the completion of a pre -trench meeting. Any field coordination after the completion of the pre -trench meeting will be invoiced to the Client on a time -and- material basis.

R. DRY UTILITY COMPOSITE EXHIBIT
a) Prepare a dry utility composite exhibit based reflective of the dry utility designs or concept utility infrastructure for the purpose of providing a comprehensive CAD file/exhibit to the development team members for review of proposed utility structure locations. The purpose of this exhibit is t o identify and reduce the chance for potential design and/or construction conflicts.
i. Exhibit will include identification of trench and structure locations for each dry utility, street crossings and service extensions.
ii. Dry Utility composite to be overlaid onto civil base file showing sewer, water and storm drain locations as well as architectural and landscape features (as available in AutoCAD).
iii. Distribute AutoCAD linework reflective of dry utility infrastructure to development team for site coordination and review.

A.25.b
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Attachment: Second Amendment with CASC, Inc. (5979 : APPROVE THE SECOND AMENDMENT TO THE AGREEMENT FOR ON-CALL 1470 E. Cooley Drive
Colton, CA 92324
Office: 909.783.0101
Fax: 909.783.0108

www.cascinc.com

iv. Upon development team review, submit to each utility company to assist in their design preparation.
v. As available, verify approved utility designs with approved composite for accuracy. b) Utility composite exhibit is not to be used for construction pu rposes. Designs for facilities located inside buildings are excluded.
c) Changes to composite plan after Client approval and/or due to revised files received from team members may warrant additional time and material fees.

S. STREET CROSSING/SLEEVING EXHIBIT- STANDARD SCOPE
a) Prepare one (1) street crossing / sleeving exhibit per utility work order. Exhibit to be based on final utility designs unless required earlier and at the request of the Client. b) Street sleeve plan to show the prop osed main-line, secondary and service crossings for the electric, telephone, gas and cable TV facilities.
c) Crossings to also include conduit runs, if required for, electric meter pedestals, electric and telephone crossings for guard gated entries and streetlights. d) At the client’s request, the crossing plan could also include the size and number of conduits for irrigation needs, shadow conduit systems or other client requested crossings. Any non -dry utility street crossings must be received from others in Au toCAD and formatted to drop into the overall base. Morrow Management will not be responsible to alter, move or modify any street crossings received from others.
e) Integration and coordination of third -party sleeve information based on 4 hours of time.

Additional time beyond the allocated hours will be billed on a time and material basis. f) If crossings other than the incumbent dry utility providers are requested, the Client or his/her assigned agent is to provide drawings, sketches or plans outlining the specific location, number of conduits, their size and schedule.

T. SERVICE WORK ORDER PROCESSING AND SCHEDULING
a) Construction Coordination and Scheduling:
i. Based on dates provided by site superintendent, prepare service extend schedule and distribute to Client and trenching contractor for approval. ii. Schedule telephone, cable TV and gas inspections and service installations per occurrence / phase of construction. Scheduling of required electric inspection(s) is to be coordinated by the trenching contractor.
iii. It is assumed Client or trenching contractor will coordinate mandrel inspections and actual cable dates.
iv. Fee structure accounts for separate effort to schedule service extend installation independent from the service work order processing mentioned above. v. Service extends scheduling to be charged on a per schedule bases as referenced in the fee structure.

U. DEVELOPMENT MEETINGS/MISC. TASKS
Establish an hourly time-and-material budget to attend team and utility meetings and provide support related to miscellaneous dry utility tasks throughout the planning and design process for items not included as part of the standard work order design and coordination. Team meetings and miscellaneous tasks will be invoiced on a time-and-material basis with a not-to-exceed budget as outlined in the fee structure.

V. FIELD COORDINATION/CONSTRUCTION SUPPORT
Establish an hourly time -and-material budget to assist with field coordination items associated with the A.25.b
Packet Pg. 993
Attachment: Second Amendment with CASC, Inc. (5979 : APPROVE THE SECOND AMENDMENT TO THE AGREEMENT FOR ON-CALL 1470 E. Cooley Drive
Colton, CA 92324
Office: 909.783.0101
Fax: 909.783.0108

www.cascinc.com

installation of the dry utility infrastructure. Specific items include, but are not limited to the following:
i. Utility / Contractor Scheduling
ii. Field Conflict Resolution
iii. CAD Survey Requests (staking)
iv. Meter and Service Applications
v. Meter Set Support
vi. Inspection Request Coordination
vii. Utility Design Exhibits and As-built Coordination
viii. Development / Construction / Utility Meetings
ix. Easement Processing (drafting and processing of separate legal descriptions) x. Equipment / Material Shop Drawing Submittals and Review xi. Applicant Install (Electrical) Scheduling and Coordination xii. Request for Information (RFI) Review and Response

W. REIMBURSABLE EXPENSES (TRAVEL)
Travel – All travel expenses including but not limited to; airfare / transportation, hotel accommodations, rental car, parking and toll charges shall be reimbursed by the Client at a direct cost as incurred. Morrow Management will make every effort to reduce all travel related expenses by making advance reservations.

Any potential individual travel charge in excess of $500 will need to be reviewed and approved by the Client before booking. Employee travel time will be invoiced as a reimbursable ex pense at the applicable hourly rates below in two-hour increments for all time in transit. A daily per diem will be assessed for all travel days per current California rates.

SCHEDULE OF FEES

I. SURVEY AND MAPPING
A. DESIGN SURVEY $7,800.00
B. PRELIMINARY TITLE REPORT REVIEW $2,970.00
C. BASE MAPPING QUALITY CONTROL $1,980.00
Subtotal: $12,750.00

II. FINAL ENGINEERING
D. INFILTRATION TESTING $5,290.00
E. PRECISE GRADING PLAN $9,120.00
F. EROSION CONTROL PLAN $4,560.00
G. WATER AND SEWER IMPROVEMENT PLAN $6,300.00
H. STREET IMPROVEMENT PLAN $6,720.00
I. HYDROLOGY STUDY $5,640.00
J. FINAL WATER QUALITY MANAGEMENT PLAN $10,000.00
K. COVENANT AND AGREEMENT $2,000.00
L. WATER QUALITY MANAGEMENT PLAN (WQMP) EASEMENT $2,970.00 M. STORM WATER POLLUTION PREVENTION PLAN (SWPPP) $6,000.00 N. SMARTS NOTICE OF INTENT SUPPORT $500.00
O. AGENCY PROCESSING $6,240.00
A.25.b
Packet Pg. 994
Attachment: Second Amendment with CASC, Inc. (5979 : APPROVE THE SECOND AMENDMENT TO THE AGREEMENT FOR ON-CALL 1470 E. Cooley Drive
Colton, CA 92324
Office: 909.783.0101
Fax: 909.783.0108

www.cascinc.com

P. MEETINGS AND COORDINATION $7,800.00
Subtotal: $73,140.00

III. UTILITY COORDINATION AND MANAGEMENT
Q. NEW BUSINESS- UTILITY COORDINATION AND MANAGEMENT
- MORENO VALLEY UTILITY ELECTRIC $7,475.00
- SOUTHERN CALIFORNIA GAS COMPANY $4,830.00
- FRONTIER COMMUNICATIONS $2,875.00
- CHARTER COMMUNICATIONS $2,875.00
R. DRY UTILITY COMPOSITE EXHIBIT $4,025.00
S. STREET CROSSING/SLEEVE EXHIBIT $1,150.00
T. RESIDENTIAL SERVICE EXTEND SCHEDULING $575.00
U. DEVELOPMENT MEETINGS/MISC. TASKS (HOURLY) $2,875.00
V. FIELD COORDINATION/CONSTRUCTION SUPPORT (HOURLY) $1,725.00 W. REIMBURSABLE EXPENSES (TRAVEL) $575.00
Subtotal: $28,980.00

TOTAL: $114,870.00

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Attachment: Second Amendment with CASC, Inc. (5979 : APPROVE THE SECOND AMENDMENT TO THE AGREEMENT FOR ON-CALL

Report to City Council

ID#5998 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: December 6, 2022

TITLE: PURSUANT TO LAND OWNER PETITIONS, ANNEX

CERTAIN PARCELS INTO COMMUNITY FACILITIES
DISTRICT NO. 2021 -01 (PARKS MAINTENANCE) -
AMENDMENT NOS. 50 -55, 57, 61 (RESO. NOS. CSD
2022-__ TO 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 am ended map for said District (Amendment No. 50) (Amelia Ramirez Mendoza, located at 15330 Theresa Ave.).

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. 51) (Trinidad Juarez, located at 24707 Carolyn Ave.).

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 approving the amended map for said District (Amendment No. 52) (Raul and Maria Mendoza, located at 14138 Blue Ribbon Ln.).

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4. Adopt Resolution No. 2022-___, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moren o 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. 53) (Moreno Valley M.O.B. , located north of Euc alyptus Ave. between Day St. and Memorial Way).

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 Val ley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 54) (Mercedes Lazaro Catalan Ma and David Flores Lazaro, located at 25702 Dandelion Ct.).

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 a mended map for said District (Amendment No. 55) (Wagih Sewiha and Nagwa Mikhaeil , located at 24708 Patrician Ct.).

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. 57) (Nayeli Velasco, located at 24576 Qualton Ct.).

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. 61) (Ruben Pelayo, located at 13622 Persimmon Rd.).

SUMMARY

Adoption of the resolutions (Attachments 1-8) will certify the annexation of 8 parcels into Community Facilities District (CFD) No. 2021-01 (Parks Maintenance) (“District”). This action impacts only the property owner s 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 creat ed 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.

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

1. The property owner s ubmits a Landowner Petition unanimously approving annexation o f 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 wit hin the proposed annexation area; or

2. The applicant funds an endowment in an amount sufficient to yield an Property Owner
Project
ACP Record #s
Amendment
No. APNs Location
Amelia Ramirez Mendoza
Accessory Dwelling Unit (ADU)
PEN20-0128/SCP22-0072
50 485-142-018 15330 Theresa Ave.

Trinidad Juarez
Accessory Dwelling Unit (ADU)
SCP22-0033
51 482-631-030 24707 Carolyn Ave.

Raul and Maria Mendoza
Accessory Dwelling Unit (ADU)
PEN22-0028/SCP22-0076
52 486-270-015 14138 Blue Ribbon Ln.

Moreno Valley M.O.B.

Medical Office Building at Towngate Square
PEN20-0010/SCP22-0078
53 291-650-007
North of Eucalyptus Ave.
between Day St. and
Memorial Way
Mercedes Lazaro Catalan Ma
and David Flores Lazaro
Accessory Dwelling Unit (ADU)
SCP22-0018
54 479-582-017 25702 Dandelion Ct.

Wagih Sewiha and Nagwa Mikhaeil
Accessory Dwelling Unit (ADU)
SCP22-0074
55 485-064-022 24708 Patrician Ct.

Nayeli Velasco
Accessory Dwelling Unit (ADU)
SCP22-0083
57 482-653-029 24576 Qualton Ct.

Ruben Pelayo
Accessory Dwelling Unit (ADU)
SCP22-0086
61 482-396-002 13622 Persimmon Rd.

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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 1-8) 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 map s (Attachments 9-16) and amended notice of special tax lien s for the amendments. The Election Official confirmed the Property Owner s unanimously approved the annexation of their property into the District (Attachments 17- 24).

ALTERNATIVES

1. Adopt the resolutions. Staff recommends this alternative since it will annex the propert ies 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 resoluti ons. Staff does not recommend this alternative because it is contrary to the request of the Property Owner s, will not satisfy the condition of approval, and may delay development of the projects.

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

FISCAL IMPACT

Revenue received from t he 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 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 propert y tax bill for all of the properties within the affected tax rate area. The maximum special tax rates are detailed below.

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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 adjust ment 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.

NOTIFICATION

The Landowner Petitions were emailed to the Property Owner s on September 27 th, October 17th, 28th, 31st and November 10th.

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
Property Owner
Project
ACP Record #s
Amendment
No. Property Type
FY 2022/23
Maximum
Special Tax Rate
Amelia Ramirez Mendoza
Accessory Dwelling Unit (ADU)
PEN20-0128/SCP22-0072
50 Single-Family $308.39 per unit
Trinidad Juarez
Accessory Dwelling Unit (ADU)
SCP22-0033
51 Single-Family $308.39 per unit
Raul and Maria Mendoza
Accessory Dwelling Unit (ADU)
PEN22-0028/SCP22-0076
52 Single-Family $308.39 per unit
Moreno Valley M.O.B.

Medical Office Building at Towngate Square
PEN20-0010/SCP22-0078
53 Office $32.91 per bldg. sq ft
Mercedes Lazaro Catalan Ma
and David Flores Lazaro
Accessory Dwelling Unit (ADU)
SCP22-0018
54 Single-Family $308.39 per unit
Wagih Sewiha and Nagwa Mikhaeil
Accessory Dwelling Unit (ADU)
SCP22-0074
55 Single-Family $308.39 per unit
Nayeli Velasco
Accessory Dwelling Unit (ADU)
SCP22-0083
57 Single-Family $308.39 per unit
Ruben Pelayo
Accessory Dwelling Unit (ADU)
SCP22-0086
61 Single-Family $308.39 per unit
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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.

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

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.

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. 50

2. Resolution Ordering Annexation - Amendment No. 51

3. Resolution Ordering Annexation - Amendment No. 52

4. Resolution Ordering Annexation - Amendment No. 53

5. Resolution Ordering Annexation - Amendment No. 54

6. Resolution Ordering Annexation - Amendment No. 55

7. Resolution Ordering Annexation - Amendment No. 57

8. Resolution Ordering Annexation - Amendment No. 61

9. Boundary Map - Amendment No. 50

10. Boundary Map - Amendment No. 51

11. Boundary Map - Amendment No. 52

12. Boundary Map - Amendment No. 53
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13. Boundary Map - Amendment No. 54

14. Boundary Map - Amendment No. 55

15. Boundary Map - Amendment No. 57

16. Boundary Map - Amendment No. 61

17. Certificate of Election Official Amendment No. 50

18. Certificate of Election Official Amendment No. 51

19. Certificate of Election Official Amendment No. 52

20. Certificate of Election Official Amendment No. 53

21. Certificate of Election Official Amendment No. 54

22. Certificate of Election Official Amendment No. 55

23. Certificate of Election Official Amendment No. 57

24. Certificate of Election Official Amendment No. 61

APPROVALS

Budget Officer Approval ✓ Approved . 11/23/22 8:02 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 11/23/22 9:31 AM B.5
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1 Resolution No. 2022-___
Date Adopted: December 6, 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 TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROV ING 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, h as 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 territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 50 to Boundaries of Community Facilities District No. 20 21-01 (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:

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Attachment: Resolution Ordering Annexation - Amendment No. 50 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2022-___
Date Adopted: December 6, 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) s alaries 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 Parcels 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 declare d 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.

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Attachment: Resolution Ordering Annexation - Amendment No. 50 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

APPROVED AND ADOPTED this 6th day of December 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:

_______________________________
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

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Attachment: Resolution Ordering Annexation - Amendment No. 50 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

RESOLUTION JURAT

I, Jane Halstead, 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 for the Moreno Valley Community Services District at a regular meeting held on the 6th day of December 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

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Attachment: Resolution Ordering Annexation - Amendment No. 50 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

EXHIBIT A

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Attachment: Resolution Ordering Annexation - Amendment No. 50 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

EXHIBIT B

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Attachment: Resolution Ordering Annexation - Amendment No. 50 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2022-___
Date Adopted: December 6, 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 TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROV ING 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, h as 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 territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 51 to Boundaries of Community Facilities District No. 20 21-01 (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.5.b
Packet Pg. 1009
Attachment: Resolution Ordering Annexation - Amendment No. 51 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

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.5.b
Packet Pg. 1010
Attachment: Resolution Ordering Annexation - Amendment No. 51 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

APPROVED AND ADOPTED this 6th day of December 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:

_______________________________
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.5.b
Packet Pg. 1011
Attachment: Resolution Ordering Annexation - Amendment No. 51 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

RESOLUTION JURAT

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.5.b
Packet Pg. 1012
Attachment: Resolution Ordering Annexation - Amendment No. 51 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

EXHIBIT A

B.5.b
Packet Pg. 1013
Attachment: Resolution Ordering Annexation - Amendment No. 51 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

EXHIBIT B

B.5.b
Packet Pg. 1014
Attachment: Resolution Ordering Annexation - Amendment No. 51 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

1 Resolution No. 2022-___
Date Adopted: December 6, 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 TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROV ING 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, h as 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 territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 52 to Boundaries of Community Facilities District No. 20 21-01 (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.5.c
Packet Pg. 1015
Attachment: Resolution Ordering Annexation - Amendment No. 52 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

2 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

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.5.c
Packet Pg. 1016
Attachment: Resolution Ordering Annexation - Amendment No. 52 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

3 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

APPROVED AND ADOPTED this 6th day of December 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:

_______________________________
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.5.c
Packet Pg. 1017
Attachment: Resolution Ordering Annexation - Amendment No. 52 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

4 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

RESOLUTION JURAT

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.5.c
Packet Pg. 1018
Attachment: Resolution Ordering Annexation - Amendment No. 52 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

5 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

EXHIBIT A

B.5.c
Packet Pg. 1019
Attachment: Resolution Ordering Annexation - Amendment No. 52 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

6 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

EXHIBIT B

B.5.c
Packet Pg. 1020
Attachment: Resolution Ordering Annexation - Amendment No. 52 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 1 Resolution No. 2022-___
Date Adopted: December 6, 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 TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROV ING 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, h as 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 territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 53 to Boundaries of Community Facilities District No. 20 21-01 (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.5.d
Packet Pg. 1021
Attachment: Resolution Ordering Annexation - Amendment No. 53 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 2 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

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.5.d
Packet Pg. 1022
Attachment: Resolution Ordering Annexation - Amendment No. 53 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 3 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

APPROVED AND ADOPTED this 6th day of December 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:

_______________________________
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.5.d
Packet Pg. 1023
Attachment: Resolution Ordering Annexation - Amendment No. 53 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 4 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

RESOLUTION JURAT

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.5.d
Packet Pg. 1024
Attachment: Resolution Ordering Annexation - Amendment No. 53 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 5 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

EXHIBIT A

B.5.d
Packet Pg. 1025
Attachment: Resolution Ordering Annexation - Amendment No. 53 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN 6 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

EXHIBIT B

B.5.d
Packet Pg. 1026
Attachment: Resolution Ordering Annexation - Amendment No. 53 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

1 Resolution No. 2022-___
Date Adopted: December 6, 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 TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROV ING 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, h as 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 territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 54 to Boundaries of Community Facilities District No. 20 21-01 (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.5.e
Packet Pg. 1027
Attachment: Resolution Ordering Annexation - Amendment No. 54 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

2 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

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.5.e
Packet Pg. 1028
Attachment: Resolution Ordering Annexation - Amendment No. 54 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

3 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

APPROVED AND ADOPTED this 6th day of December 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:

_______________________________
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.5.e
Packet Pg. 1029
Attachment: Resolution Ordering Annexation - Amendment No. 54 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

4 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

RESOLUTION JURAT

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.5.e
Packet Pg. 1030
Attachment: Resolution Ordering Annexation - Amendment No. 54 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

5 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

EXHIBIT A

B.5.e
Packet Pg. 1031
Attachment: Resolution Ordering Annexation - Amendment No. 54 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

6 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

EXHIBIT B

B.5.e
Packet Pg. 1032
Attachment: Resolution Ordering Annexation - Amendment No. 54 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

1 Resolution No. 2022-___
Date Adopted: December 6, 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 TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROV ING 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, h as 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 territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 55 to Boundaries of Community Facilities District No. 20 21-01 (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.5.f
Packet Pg. 1033
Attachment: Resolution Ordering Annexation - Amendment No. 55 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

2 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

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.5.f
Packet Pg. 1034
Attachment: Resolution Ordering Annexation - Amendment No. 55 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

3 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

APPROVED AND ADOPTED this 6th day of December 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:

_______________________________
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.5.f
Packet Pg. 1035
Attachment: Resolution Ordering Annexation - Amendment No. 55 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

4 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

RESOLUTION JURAT

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.5.f
Packet Pg. 1036
Attachment: Resolution Ordering Annexation - Amendment No. 55 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

5 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

EXHIBIT A

B.5.f
Packet Pg. 1037
Attachment: Resolution Ordering Annexation - Amendment No. 55 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

6 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

EXHIBIT B

B.5.f
Packet Pg. 1038
Attachment: Resolution Ordering Annexation - Amendment No. 55 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

1 Resolution No. 2022-___
Date Adopted: December 6, 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 TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROV ING 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, h as 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 territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 57 to Boundaries of Community Facilities District No. 20 21-01 (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.5.g
Packet Pg. 1039
Attachment: Resolution Ordering Annexation - Amendment No. 57 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

2 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

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.5.g
Packet Pg. 1040
Attachment: Resolution Ordering Annexation - Amendment No. 57 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

3 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

APPROVED AND ADOPTED this 6th day of December 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:

_______________________________
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.5.g
Packet Pg. 1041
Attachment: Resolution Ordering Annexation - Amendment No. 57 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

4 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

RESOLUTION JURAT

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

B.5.g
Packet Pg. 1042
Attachment: Resolution Ordering Annexation - Amendment No. 57 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

5 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

EXHIBIT A

B.5.g
Packet Pg. 1043
Attachment: Resolution Ordering Annexation - Amendment No. 57 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

6 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

EXHIBIT B

B.5.g
Packet Pg. 1044
Attachment: Resolution Ordering Annexation - Amendment No. 57 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

1 Resolution No. 2022-___
Date Adopted: December 6, 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 TERRITOR Y TO MORENO VALLEY

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

MAINTENANCE) AND APPROV ING 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, h as 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 territor y shown on the boundary map (the “Boundary Map”) entitled “Amendment No. 61 to Boundaries of Community Facilities District No. 20 21-01 (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:

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Attachment: Resolution Ordering Annexation - Amendment No. 61 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

2 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

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.

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Attachment: Resolution Ordering Annexation - Amendment No. 61 (5998 : PURSUANT TO LANDOWNER PETITIONS, ANNEX CERTAIN

3 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

APPROVED AND ADOPTED this 6th day of December 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:

_______________________________
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

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4 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

RESOLUTION JURAT

AYES:

NOES:

ABSENT:

ABSTAIN:

(Boardmembers, Vice-President and President)

_________________________________

SECRETARY

(SEAL)

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5 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

EXHIBIT A

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6 Resolution No. CSD 2022-___
Date Adopted: December 6, 2022

EXHIBIT B

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Attachment: Boundary Map - Amendment No. 50 (5998 : PURSUANT TO LANDOWNER PETITIONS, AMENDMENT NO. 51 TO BOUNDARIES OF MORENO VALLEY COMMUNITY SERVICES DISTRICTCOMMUNITY FACILITIES DISTRICT NO. 2021-01(PARKS MAINTENANCE)MORENO VALLEY COMMUNITY SERVICES DISTRICTCITY OF MORENO VALLEYCOUNTY OF RIVERSIDESTATE OF CALIFORNIASheet 1 of 1 Source: Riverside County GISGeographic Coordinate Reference: GCS North American 1983Projection: NAD 1983 StatePlane California VI FIPS 0406 FeetALESSANDRO BLVDCAROLYN AVEEUGENA AVEWILLET LNGLORIA STLegendS I T ES I T E O
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Attachment: Boundary Map - Amendment No. 51 (5998 : PURSUANT TO LANDOWNER PETITIONS, AMENDMENT NO. 52 TO BOUNDARIES OF MORENO VALLEY COMMUNITY SERVICES DISTRICTCOMMUNITY FACILITIES DISTRICT NO. 2021-01(PARKS MAINTENANCE)MORENO VALLEY COMMUNITY SERVICES DISTRICTCITY OF MORENO VALLEYCOUNTY OF RIVERSIDESTATE OF CALIFORNIA486-270-015Sheet 1 of 1 Source: Riverside County GISGeographic Coordinate Reference: GCS North American 1983Projection: NAD 1983 StatePlane California VI FIPS 0406 FeetBRODIAEA AVEALESSANDRO BLVDLegendS I T ES I T E O
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Attachment: Boundary Map - Amendment No. 52 (5998 : PURSUANT TO LANDOWNER PETITIONS, AMENDMENT NO. 53 TO BOUNDARIES OF MORENO VALLEY COMMUNITY SERVICES DISTRICTCOMMUNITY FACILITIES DISTRICT NO. 2021-01(PARKS MAINTENANCE)MORENO VALLEY COMMUNITY SERVICES DISTRICTCITY OF MORENO VALLEYCOUNTY OF RIVERSIDESTATE OF CALIFORNIA EUCALYPTUS AVEGATEWAY DR291-650-007
Sheet 1 of 1
Source: Riverside County GISGeographic Coordinate Reference: GCS North American 1983Projection: NAD 1983 StatePlane California VI FIPS 0406 FeetEUCALYPTUS AVEGATEWAY DRDOWNING STBELAIRE DRPARKHAM STLegendS I T ES I T E O
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Attachment: Boundary Map - Amendment No. 53 (5998 : PURSUANT TO LANDOWNER PETITIONS, AMENDMENT NO. 54 TO BOUNDARIES OF MORENO VALLEY COMMUNITY SERVICES DISTRICTCOMMUNITY FACILITIES DISTRICT NO. 2021-01(PARKS MAINTENANCE)MORENO VALLEY COMMUNITY SERVICES DISTRICTCITY OF MORENO VALLEYCOUNTY OF RIVERSIDESTATE OF CALIFORNIA

BAY AVE

COTTONWOOD AVELOREN WAYDITTANY STBUCKLAND LNDANDELION CTTALLANDSIA CT Sheet 1 of 1
Source: Riverside County GISGeographic Coordinate Reference: GCS North American 1983Projection: NAD 1983 StatePlane California VI FIPS 0406 FeetBAY AVECOTTONWOOD AVEBAY AVECOTTONWOOD AVELANCIA STRAILTON STMARGARITA STWHITE BIRCH LNLOREN WAYDITTANY STBUCKLAND LNCAYENNE CTDANDELION CTTALLANDSIA CTWINDEMERE WAYS I T ES I T E OLegend
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Attachment: Boundary Map - Amendment No. 55 (5998 : PURSUANT TO LANDOWNER PETITIONS, AMENDMENT NO. 57 TO BOUNDARIES OF MORENO VALLEY COMMUNITY SERVICES DISTRICTCOMMUNITY FACILITIES DISTRICT NO. 2021-01(PARKS MAINTENANCE)MORENO VALLEY COMMUNITY SERVICES DISTRICTCITY OF MORENO VALLEYCOUNTY OF RIVERSIDESTATE OF CALIFORNIASheet 1 of 1 Source: Riverside County GISGeographic Coordinate Reference: GCS North American 1983Projection: NAD 1983 StatePlane California VI FIPS 0406 FeetST CHRISTOPHER LNBAY AVECOTTONWOOD AVEDORNER DRORMISTA DRVIA DEL SOLTIERRA DE OROMANTEE PLBRANCH STBOWER STQUALTON CTBAYLEAF STBASSWOOD STS I T ES I T E OLegend
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Attachment: Boundary Map - Amendment No. 57 (5998 : PURSUANT TO LANDOWNER PETITIONS, AMENDMENT NO. 61 TO BOUNDARIES OF MORENO VALLEY COMMUNITY SERVICES DISTRICTCOMMUNITY FACILITIES DISTRICT NO. 2021-01(PARKS MAINTENANCE)MORENO VALLEY COMMUNITY SERVICES DISTRICTCITY OF MORENO VALLEYCOUNTY OF RIVERSIDESTATE OF CALIFORNIA482-396-002 Sheet 1 of 1
Source: Riverside County GISGeographic Coordinate Reference: GCS North American 1983Projection: NAD 1983 StatePlane California VI FIPS 0406 FeetBAY AVECOTTONWOOD AVEBRANCH STBOWER STBAYLEAF STSWEET GRASS DRMANTEE PLBASSWOOD STORMISTA DRQUALTON CTVELLANTO WAYST CHRISTOPHER LNS I T ES I T E OLegend
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Report to City Council

ID#6001 Page 1
TO: Mayor and City Council

FROM: Manuel A. Mancha, Community Development Director

AGENDA DATE: December 6, 2022

TITLE: APPEALS (PAA22 -0002 AND PAA22 -0003) FOR THE
MORENO BUSINESS CENTER (PEN20 -0162 (PEN21 -
0079))

RECOMMENDED ACTION
Recommendations: That the City Council:

1. ADOPT Resolution No. 2022 -XX, attached hereto, DENYING Appeals PAA22-0002 and PAA22-0003,
AND:

1. ADOPTING the Initial Study/Mitigated Negative Declaration prepared for Plot Plan PEN20 -0162 (PEN21 -0079) on file with the Community Development Department, incorporated herein by this reference, which was completed in compliance with CEQA and the CEQA Guidelines, and reflects that the Planning Commission and City reviewed and considered the information contained in the Initial Study/Mitigate d Negative Declaration, and exercised its independent judgment and analysis of the proposed Project’s potential environmental impacts; and

2. ADOPTING the Mitigation Monitoring and Reporting Program prepared for the Project, which consists of Plot Plan PEN20 -0162 (PEN21 -0079) pursuant to CEQA and the CEQA Guidelines.

2. ADOPT Resolution No. 2022-XX attached hereto,
AND:

1. APPROVING Plot Plan PEN20-0162 (PEN21-0079) based on the Recital, Evidence contained in the Administrative Records, and Findings as set forth in Resolution No. 2022-XX.

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SUMMARY
This report recommends denying Appeals PAA22-0002 and PPA22-0003 and approving PEN20-0162 (PEN21 -0079), the development application for the Moreno Valley Business Center for the development of a 164,187 square foot light i ndustrial building on 8.2 acres located on the northeast corner of Alessandro Boulevard and Day Street in the Business Flex (BF) District.

DISCUSSION
Planning Commission Action/Appeal
The Proposed Project was considered by the Planning Commission at a duly noticed public meeting conducted on July 14, 2022, and the Planning Commission voted 3 -1 to adopt the Mitigated Negative Declaration and Mit igation Monitoring and Reporting Program, and approve the Plot Plan for the Moreno Valley Business Center project, with modifications to the conditions of approval. The proposed modifications include extending the wall height to 10 -feet in height on the east property line and limiting the Sherman Street driveway to emergency access only, with all business truck and automobile traffic entering and exiting the project from Day Street or Alessandro Boulevard.

The Planning Commission approval was appealed by Sierra Club (PAA22 -0002) and the Center for Community Action and Environmental Justice (PAA22 -0003) within the 10-day appeal period per the Municipal Code requirements.

Proposed Project
Plot Plan
The Applicant, LDC Industrial Realty, LLC (“Applicant”) is proposing the construction of a light industrial building, 164,187 square feet in size (“Proposed Project”) with associated parking, landscape improvements, and off -site improvements. In addition, the Proposed Project will provide for the construction of an off -site storm drain segment and the upgrade to the water pump for the Box Springs Mutual Water Company.

Project Site Surrounding
The approximately 8.2 acres is located at the northeast corner of Alessandro Boulevard and Day Street.

The surrounding area includes existing single -family development to the north and east within the Residential 3 (R3) District. Properties to the west include a combination of vacant, unimproved land, and legal non -conforming single -family residential development. Properties to the south of the Project Site are developed predominately with Commercial uses to the southwest and Industrial uses to the southeast.

Access/Parking
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The Proposed Project will take main access from Day Street, in and out of the truck court area, with automobile access, right in and right out on Alessandro Boulevard. By the design of the driveway, Sherman Avenue will have automobile access only.

Parking for both automobiles and trucks exceeds the City’s Municipal Code requirements with 158 automobile and 28 truck spaces.

Design/Landscaping
The Proposed Project’s light industrial -type building incorporates a contemporary architectural design. Smoky blue tower elements provide a focal point with prominent vintage wood fiber siding sections, glass, mullions, grey -tinted windows, and metal awnings. The elements are included on the side elevations for the continuity of the building. The colors of off -white, taupe, and warm grey provide the background for the vintage wood siding and flat metal awnings above the pained, which break up the massing of the buildings.

Extensive landscaping is provided along the building frontage in addition to the required front setback and right -of-way landscaping which includes plants, ground covers, street trees, and on-site trees.

Environmental
An Initial Study was prepared by T&B Planning, Inc., in compliance with the California Environmental Q uality Act (CEQA) and the CEQA Guidelines. The Initial Study examined the Proposed Project’s impacts on the environment. The Initial Study/Mitigation Negative Declaration (IS/MND) provides information in support of the finding that a Mitigated Negative Dec laration serves as the appropriate CEQA documentation for the Proposed Project in that the Proposed Project, with the implementation of the proposed mitigation measures, will not have a significant effect on the environment. Technical studies prepared in s upport of the IS/MND include the following: Air Quality Impact Analysis, Mobile Source Health Risk Assessment, MSHCP General Biological Resources Assessment, Phase I Cultural Resources Survey, Energy Analysis, Geotechnical Engineering Investigation, Greenh ouse Gas Analysis, Phase I Environmental Site Assessment Report, Paleontological Assessment, Preliminary Hydrology, Preliminary Water Quality Management Plan, Noise Impact Analysis, Supplemental Noise Analysis, Trip Generation & Scoping Memo, Vehicle Miles Traveled (VMT) Assessment, and Truck Turning Memo. The electronic files for the IS/MND with appendices are attached to this staff report. Anyone wishing to view the documents can also do so at City Hall.

Mitigation Measures are recommended for the Propose d Project in the following areas:

Biological Resources, Cultural Tribal Resources, and Geology and Soils. T he measures for Tribal resources have been included to address input from the Tribal governments.

The measures are intended to ensure that potential resources that might be discovered are protected. However, these measures are not required to address a known significant impact. Based on the Initial Study, and the proposed mitigation measures, the Project will not cause any significant impacts or environmental damage.

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The public comment period for the Notice of Availability of the Initial Study/Mitigated Negative Declaration began on June 16, 2022, and ended on July 6, 2022, which satisfies the required 20-day, review period.

ALTERNATIVES

1. Conduct a public hearing and take action to deny the appeals PAA22 -0002 AND PAA22-0003, and, adopt the Initial Study/Mitigated Negative Declaration and Mitigated Monitoring and Reporting Program, and approve the Plot Plan consistent with the Staff recommendations to the Planning Commission. Staff recommends this alternative.

2. Conduct a public hearing on the Proposed Project and uphold the appeals, PAA22-0002 and PAA22 -0003, and do not approve Plot Plan PEN20 -0162 (PEN21-0079). Staff does not recommend this alternative.

FISCAL IMPACT
Not applicable

NOTIFICATION
Notice of the public hearing was sent to all property owners of record within 600 feet of the Project Site. The public hearing notice was also posted on the Project Site and published in the Press Enterprise newspaper.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Julia Descoteaux Manuel A. Mancha
Senior Planner Community Development Director

Concurred By:

Sean Kelleher
Planning Official

CITY COUNCIL GOALS
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

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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. PAA22-0002 Letter of Appeal - Sierra Club

2. PAA22-0003 Letter of Appeal -Center for Community Action and Environmental Justice

3. 2022-XX Resolution IS-MND

4. Exhibit A to 2022-XX Moreno Valley Business Center IS MND

5. A1 - Air Quality Impact Analysis

6. A2 - Mobile Source Health Risk Assessment

7. A3 - Supplemental Air Quality Impact Analysis

8. A4 - Construction Health Risk Assessment

9. B - Biological Resources Assessment

10. C - Phase I Cultural Resources Survey

11. D - Geotechnical Investigation

12. E - Energy Analysis

13. F - Greenhouse Gas Analysis

14. G - Phase I Environmental Site Assessment

15. H - Paleontological Assessment

16. I1 - Preliminary Hydrology Calculations

17. I2 - Preliminary Water Quality Management Plan

18. J1 - Noise Impact Analysis

19. J2 - Supplemental Noise Analysis

20. K1 - Trip Generation & Scoping Memo

21. K2 - VMT Assessment

22. K3 - Truck Turning Memo

23. Exhibit B to 2022-XX Notice of Intent 06162022-Newspaper Notice07012022

24. Exhibit C to 2022-XX MMRP

25. 2022-XX Resolution Plot Plan

26. Exhibit A to 2022-XX Conditions of Approval

27. Zoning Map

28. Project Plans

29. Arch 1-Alessandro Blvd & Day St - View 1

30. Arch 2 - Alessandro Blvd Colored Elevation with Screenwall

31. Arch 3 - Alessandro Blvd Material Board

32. Planning Commission 07142022 Staff Report

33. PC 2022-33 Resolution
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34. PC 2022-35 Resolution

35. Public Comments_ PEN20-0162 ISMND_PC

APPROVALS

Budget Officer Approval ✓ Approved . 11/07/22 5:23 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 11/07/22 5:27 PM

HISTORY:
11/15/22 City Council MEETING CANCELLED
Next: 12/06/22
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CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE
“Bringing People Together to Improve Our Social and Natural Environment” July 25, 2022
Manuel Mancha
Community Development Director City of Moreno Valley
Re: Notice of Appeal by CCAEJ of the Moreno Valley Business Center (MVBC) approved by the Planning Commission on July 14, 2022 to the City Council.

Project: Plot Plan PEN21-0079 (PEN20-0162, PEN20-0163) Applicant: LDC Industrial Realty, LLC, Owner: City of Moreno Valley.

Location: Northeast corner of the intersection of Alessandro Boulevard and Day Street (APNs:
291-191-007 through -013, and -025 through -029)
Proposal: A request to develop an approximately 8.2 gross-acre (7.8 net-acre) property with a 164,187 square foot light industrial building.

Note: Today, Monday July 25, 2022 falls within the ten day appeal period because the city offices have been closed for the last two days.

Honorable Mayor and Members of the City Council,
On July 14th, 2022 City Leadership failed the community by approving a warehouse project that would continue a deadly cumulative assault on the health of the people of Moreno Valley in violation of SB1000. California Code Section 65040.12(e) states that:

Fairness in the context means that the benefits of a healthy environment should be available to everyone, and the burdens of pollution should not be focused on sensitive populations or on communities that are already experiencing its adverse effects.

When the Planning Commission voted 3-1 to approve the Moreno Valley Business Center (MVBC) warehouse property, land that is owned by the city, they acted in violation of the aforementioned code and California Code Section 65302 regarding disadvantaged communities.

Disadvantaged

Communities means an area identified by the California
Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code or an area that is a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation.

CCAEJ is appealing (1) all land use approvals and planning applications for approval; and (2) all CEQA determinations including the mitigated negative declaration approved (3) as well as all other elements and other approvals by the Planning Commission for the Moreno Valley Business Center. (Plot Plan PEN21-0079 (PEN20-0162, PEN20-0163) Applicant: LDC Industrial Realty, LLC)
The Moreno Valley Business Center (MVBC) warehouse property which is owned by the city would negatively impact families in adjacent homes as well as those across narrow Mailing Address Physical Address Tel: 951-360-8451
P .O. Box 33124 3840 Sunnyhill Drive, Suite A Fax: 951-360-5950 Jurupa Valley CA 92519 Jurupa Valley CA 92509 www.ccaej.org F.1.2
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Attachment: PAA22-0003 Letter of Appeal -Center for Community Action and Environmental Justice (6001 : PEN20-0162 Moreno Business

CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE
“Bringing People Together to Improve Our Social and Natural Environment” streets. It would also be growth inducing for more warehouses to an area that according to the California Communities Environmental Health Screening Tool Version 4.0 (CalEnviroScreen), this community is located in a census tract that scores within the top 1 percent of State’s most impacted from air pollution from an environmental hazard and socioeconomic standpoint. The data is readily available to the Planning Commission to identify this community as a Disadvantaged Community, and therefore it is the responsibility of the City of Moreno Valley to protect the community pursuant to California Code Section 65858(a):

The legislative body of a county, city, including a charter city, or city and county, to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time.

Therefore, the approval of such a project is a dereliction of duty by the City of Moreno Valley and is another example to support why California State Attorney General (AG) Bonta has joined the Sierra Club in a lawsuit against the City of Moreno Valley’s General Plan Update only in the last month. AG Bonita said in a news release:
“We’re intervening today so that those communities do not continue to bare the brunt of poor land use decisions that site warehouses outside their doors.” As for Bonta, he alleged in the news release that health issues are affecting Moreno Valley communities that “live at the intersection of poverty and pollution.” The MVBC is exactly the type of “poor land use decisions” that caused Attorney General Bonta to be concerned for our residents when he is quoted about our city citing “warehouses outside their doors.”
The Moreno Valley community in accordance with documentation from CalEnviroScreen

4.0 already have a heavy burden for pollution impacts especially for children who are negatively impacted by pollution with symptoms including: migraines, asthma attacks, respiratory issues, diabetes, and neurological disorders. All these medical issues according to the World Health Organization, the American Heart Association, the American Lung Association, and the American Pediatric Association have been directly linked to diesel pollutants. This project would exponentially increase this burden and therefore is in violation of California Code.

The Project is near residences and schools that are already burdened by multiple air pollution sources, the city and applicant must prepare a health risk assessment (HRA) for the Project. The HRA should account for all potential operational health risks from Project-related diesel PM emission sources, including, but not limited to, back-up generators, on-site diesel-powered equipment, and heavy -duty trucks. The HRA should
also determine if the operation of the Project in conjunction with past, present, and reasonably foreseeable future projects or activities would result in a cumulative cancer risk impact on nearby residences.

Mailing Address Physical Address Tel: 951-360-8451
P .O. Box 33124 3840 Sunnyhill Drive, Suite A Fax: 951-360-5950 Jurupa Valley CA 92519 Jurupa Valley CA 92509 www.ccaej.org F.1.2
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CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE
“Bringing People Together to Improve Our Social and Natural Environment” Image 1. CalEnviroScreen 4.0 displays this parcel surrounded by homes within the highest environmental burdens in the state of California.

Table 1. CalEnviroScreen 4.0 Data for community surrounding APNs: 291-191-007 through -013, and -025 through -029
CalEnviroScreen 4.0 Data for Community
Surrounding
(APNs: 291-191-007 through -013, and -025 through
-029)
Overall Percentiles
CalEnviroScreen 4.0 Percentile 99
Pollution Burden Percentile 95
Population Characteristics Percentile 98
Exposures
Ozone 99
Particulate Matter 2.5 64
Diesel Particulate Matter 64
Toxic Releases 80
Traffic 84
Pesticides 27
Mailing Address Physical Address Tel: 951-360-8451
P .O. Box 33124 3840 Sunnyhill Drive, Suite A Fax: 951-360-5950 Jurupa Valley CA 92519 Jurupa Valley CA 92509 www.ccaej.org F.1.2
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CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE
“Bringing People Together to Improve Our Social and Natural Environment” Drinking Water 67
Lead from Housing 99
Environmental Effects
Cleanup Sites 83
Groundwater Threats 15
Hazardous Waste 57
Impaired Waters 0
Solid Waste 67
Sensitive Populations
Asthma 69
Low Birth Weight 94
Cardiovascular Disease 85
Socioeconomic Factors
Education 94
Linguistic Isolation 79
Poverty 98
Unemployment 98
Housing Burden 89
Since the Project description does not explicitly state that the proposed project includes cold storage, there is a possibility that trucks and trailers visiting the Project-site would be equipped with Transport Refrigeration Units (TRUs). TRUs on trucks and trailers can emit large quantities of diesel exhaust while operating within the Project-site.

Residences and other sensitive receptors (e.g., daycare facilities, senior care facilities, and schools) located near where these TRUs could be operating would be exposed to diesel exhaust emissions that would result in a significant cancer risk impact to the nearby community. If the Project would be used for cold storage, the city must model air pollutant emissions to accurately consider the cumulative impacts in compliance with SB1000. In addition, the assessment should include potential cancer risks from on-site TRUs in the Project’s HRA. If the Project will not be used for cold storage, the City and applicant should include one of the following design measures:

A Project design measure requiring contractual language in tenant lease agreements that prohibits tenants from operating TRUs within the Project-site; or a condition requiring a restrictive covenant over the parcel that prohibits the applicant’s use of TRUs on the property unless the applicant seeks and receives an amendment to its conditional use permit allowing such use.

The HRA prepared in support of the Project should be based on the latest Office of Environmental Health Hazard Assessment’s (OEHHA) guidance (2015 Air Toxics Hot Spots Program Guidance Manual for Preparation of Health Risk Assessments), and CARB’s Hot Spots Analysis and Reporting Program (HARP2 model). The Project’s mobile diesel PM emissions used to estimate the Project’s cancer risk impacts should be based on CARB’s latest 2021 Emission Factors model (EMFAC2021). Mobile Mailing Address Physical Address Tel: 951-360-8451
P .O. Box 33124 3840 Sunnyhill Drive, Suite A Fax: 951-360-5950 Jurupa Valley CA 92519 Jurupa Valley CA 92509 www.ccaej.org F.1.2
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“Bringing People Together to Improve Our Social and Natural Environment” emission factors can be easily obtained by running the EMFAC2021 Web Database:
https://arb.ca.gov/emfac/.

The HRA should evaluate and present the existing baseline (current conditions), future baseline (full build-out year, without the Project), and future year with the Project. The health risks modeled under both the existing and the future baselines should reflect all applicable federal, state, and local rules and regulations. By evaluating health risks using both baselines, the public and planners will have a complete understanding of the potential health impacts that would result from the Project and only then should this project be placed in front of City Leadership for a vote. The Planning Commission failed.

In addition to the health risks associated with operational diesel PM emissions, health risks associated with construction diesel PM emissions should be included in the air quality section for cumulative impacts and the Project’s HRA. Construction of the Project would result in short-term diesel PM emissions from the use of both on-road and off-road diesel equipment. The OEHHA guidance recommends assessing cancer risks for construction projects lasting longer than two months. Since construction would very likely occur over a period lasting longer than two months, the HRA prepared for the Project should include health risks for existing residences near the Project-site during construction.

The HRA should account for all diesel PM emission sources related to Project construction, including, but not limited to, off-road mobile equipment, diesel generators, and on-road heavy-duty trucks. As previously stated in this letter, the cancer risks evaluated in the construction HRA should be based on the latest OEHHA guidance, and CARB’s HARP2 model. The cancer risks reported in the HRA should be calculated using the latest emission factors obtained from CARB’s latest EMFAC (currently EMFAC 2021) and off-road models.

In partnership with the Sierra Club, we discovered that the Sierra Club submitted five emails/letters prior to the July 6th deadline for Initial Study/Mitigated Negative Declaration (IS/MND) comments. Within those letters were AG’s recommendations on "Warehouse Projects: Best Practices and Mitigations Measures to Comply with the California Environmental Quality Act. In addition, on July 5, 2022 South Coast Air Quality Management District (SCAQMD) submitted a MND letter. The concerns, issues, and recommendations in those comments as well as all other IS/MND letters were not reflected in the July 14th staff report or in the presentation to the Planning Commission prior to their vote.

The failure to incorporate the public comments demonstrate the willful violation of CEQA statute and the Brown Act by the City of Moreno Valley as they strategically failed to disclose public comments so that they would not be considered or incorporated into the decision-making process.

The staff report and presentation to the Planning Commission shows the City’s almost total avoidance to include SCAQMD’s recommendations for the project’s analysis and conditions of approval prior to the vote. The fact that the city scheduled the July 14th Planning Commission meeting only about a week after the close of public/agency Mailing Address Physical Address Tel: 951-360-8451
P .O. Box 33124 3840 Sunnyhill Drive, Suite A Fax: 951-360-5950 Jurupa Valley CA 92519 Jurupa Valley CA 92509 www.ccaej.org F.1.2
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“Bringing People Together to Improve Our Social and Natural Environment” comments on the MVBC’s IS/MND would almost preclude them from including/addressing the recommendations and concerns received in the emails/letters prior to approval.

The project description and the data in the noise study do not entirely match. The public and the decision makers as well as other analysis needed to include whether the project will possibly include 25% of its space for cold storage. Since the developer has repeatedly stated that they do not have a tenant at this time, then a cold storage might become a reality as described below by Urban Crossroads. Therefore, all analyses done must include this possibility or they are inadequate. The impacts of single event noise like backup beepers and loudspeakers as well as vibrations needed further analysis.

The Noise Study defines the project operation as follows which may be of concern:

Urban Crossroads, Inc. has prepared this noise study to determine the potential noise impacts and the necessary noise mitigation measures, if any, for the proposed Moreno Valley Business Center development (“Project”). The Project site is located on the northeast corner of Day Street and Alessandro Boulevard in the City of Moreno Valley.

The proposed Project consists of 123,367 square feet (sf) of warehousing (75% of total building sf) and 41,122 sf of high-cube cold storage warehouse use (25% of total building sf) for a total of 164,489 sf within a single building.

Zoning Compliance problem:

Although "Business Flex" makes allowances for warehousing and distribution this project fails to comply with the development standards for parcels fronting onto Alessandro Boulevard as stated in MVMC Section 9.07.010:

2. Property Development Standards. The business flex (BF) district applies primarily to parcels fronting Alessandro Boulevard between Old Highway 215 and Elsworth Street.

The intent is to provide opportunities for the development of on-site pedestrian-oriented friendly projects with development amenities that serve the needs of residents, visitors, and employees from the surrounding community. Development is allowed up to three stories in height with building frontages near or at the sidewalk, landscaped pathways from the public right-of-way and throughout the development, and parking under or behind buildings.
(9.07.010 Mixed Use Zones/Corridors (B-F, DC, COMU, CEMU, HO/C) (qcode.us)) As noted in the standards for business flex along Alessandro Boulevard, this building must be limited to three (3) stories which should have a limit far less than the 43 feet proposed. This warehouse is also far from being a “pedestrian-oriented friendly project”.

Besides the above there are other standards for projects along Alessandro Blvd that should have been shared with decisions makers. In fact, this project fails to comply with California Code Section 65302 amended by SB1000 section:
(2)(A) Upon any substantive revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, Mailing Address Physical Address Tel: 951-360-8451
P .O. Box 33124 3840 Sunnyhill Drive, Suite A Fax: 951-360-5950 Jurupa Valley CA 92519 Jurupa Valley CA 92509 www.ccaej.org F.1.2
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CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE
“Bringing People Together to Improve Our Social and Natural Environment” suburban, or urban context of the general plan. (B) For purposes of this paragraph, “users of streets, roads, and highways” mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.

Several other concerns are as follows.

It appears the proposed Edgemont Commerce Center (ECC) warehouse project location that is currently preparing a Draft EIR was not shared with the decision makers.

The ECC is slightly north of the MVBC on Day Street. This is probably why the MVBC doesn’t prevent diesel trucks and other traffic from heading north from their project. The MVBC is also growth inducing for other warehouses like the ECC in this census tract that is already heavily impacted with air pollution and other negative impacts.

A lighting plan has not been provided that could verify whether wall mounted lights along the employee parking area would be low mounted to prevent light glare into the adjacent residences. International Dark Sky standards were not required and being so close to residents they should have been. Dimming of lighting to 50% between 9 pm and 7 pm should have also been a condition of approval with only certain exceptions.

Light pollution needs further analysis and must include that which comes from vehicles.

The landscape plan does not reflect the inclusion of the bio swales and how they will limit the proposes landscape screening of the southern building elevation. The landscape plan does not reflect the site and grading plan limitations for parking spaces that begin at the Alessandro Blvd driveway entrance. The grading plan indicates that the transitioning grade from the street would not permit those parking spaces.

Conclusions
Table 2 is a concise summary of the Moreno Valley General Plan goals, policies and actions as compared to the aspects of the Moreno Valley Business Center with conflicts in the comparison to the project.

For these reasons, we are opposed to this Project. The City’s recently completed General Plan already leaves this portion of the Moreno Valley community neglected and as a dumping ground for pollution with little say in the matter. This exacerbates the issue by not just adding another warehouse into an already overburdened community, but also by siting it on a location which deprives the community of desperately needed amenities that are promised as a stated part of the City’s General Plan.

Mailing Address Physical Address Tel: 951-360-8451
P .O. Box 33124 3840 Sunnyhill Drive, Suite A Fax: 951-360-5950 Jurupa Valley CA 92519 Jurupa Valley CA 92509 www.ccaej.org F.1.2
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CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE
“Bringing People Together to Improve Our Social and Natural Environment” Table 2: City of Moreno Valley General Plan Goals, Policies, and Actions as compared to aspects of the Moreno Valley Business Center Project which conflict with what is stated in the General Plan.

Moreno Valley General Plan Goal, Policy, or
Action Comparison to Project
LCC.2-24: At intersections on the mixed-use
corridors, prioritize retail and other uses that
promote pedestrian activity on the ground floor
of buildings.

Alessandro is identified as a mixed-use
corridor, but this Project would not
provide retail or promote pedestrian
activity.

E.2-F: Identify and incorporate zoning that
supports innovative businesses located in
residential neighborhoods and mixed-use areas.

A warehouse of this size is typically not
used by innovative industries.

C.1-B: Work with property owners, in
cooperation with RCTC, to reserve rights-of-
way for freeways, regional arterial projects,
transit, bikeways, and interchange expansion
and potential Community and Environmental
Transportation Acceptability Process (CETAP)
corridors through site design, dedication, and
land acquisition, as appropriate.

The Project fails to demonstrate how
acceptable bikeways meeting the latest
standards from Caltrans1 or the FHWA2
would be provided.

C.2-1: Design, plan, maintain, and operate
streets using complete streets principles for all
types of transportation projects including
design, planning, construction, maintenance,
and operations of new and existing streets and
facilities. Encourage street connectivity that
aims to create a comprehensive, integrated,
connected network for all modes.

C.3-C: Update the City’s standard roadway
cross-sections and standard plans to reflect
state-of-the-practice in safe and efficient
roadway design
Mailing Address Physical Address Tel: 951-360-8451
P .O. Box 33124 3840 Sunnyhill Drive, Suite A Fax: 951-360-5950 Jurupa Valley CA 92519 Jurupa Valley CA 92509 www.ccaej.org F.1.2
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CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE
“Bringing People Together to Improve Our Social and Natural Environment” C.4-5: Recognize that high-speed streets, high-
volume streets and truck routes can increase
pedestrian and bicycle stress levels and decrease
comfortability. Provide increased buffers and
protected bicycle lanes in high- stress areas,
where feasible. Provide landscaped buffers
where feasible to separate pedestrian
environments from the travel way adjacent to
motor vehicles. Provide convenient and
high-visibility crossings for pedestrians.

LCC.2-26: Provide streetscape improvements
along the mixed-use corridors of Alessandro,
Sunnymead, and Perris to enhance livability,
vitality, and safety for all modes of travel.

EJ.1-D: Work with the distribution and
warehousing business community to improve
outdoor air quality through improved operations
and practices, such as planning for zero
emissions trucks and vans.

As shown in Table 3-8, the proposed
Project does the exact opposite because it
is anticipated to generate more GHG
emissions per day compared to emissions
which would be generated by the existing
general plan land uses. Additionally,
because air quality thresholds are not met,
the Project gets a “free pass” to pollute as
long as it is below the cap. In turn, this
also counters the clearly stated desire of
the City to improve air quality from
warehouses, something which cannot
coexist with an increase in emissions,
even when below the SCAQMD
threshold.

EJ.4-1: Encourage inclusive, participatory City
processes that emphasize the collaborative
exchange of ideas by all segments of the
community. Possible strategies may include:

Relying only on a mitigated negative
declaration and not providing additional
time for the community to have time to
review the documents and respond flies in
the face of these policies and actions.

Mailing Address Physical Address Tel: 951-360-8451
P .O. Box 33124 3840 Sunnyhill Drive, Suite A Fax: 951-360-5950 Jurupa Valley CA 92519 Jurupa Valley CA 92509 www.ccaej.org F.1.2
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CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE
“Bringing People Together to Improve Our Social and Natural Environment” ◆ Holding public meetings and outreach
activities at culturally appropriate neighborhood
gathering places or community events when
feasible.
◆ Employing a wide-range of outreach
methods and activities, including pop-up events,
focus groups, community workshops and online
surveys, in various languages.
◆ Encouraging the participation of DAC
residents in civic processes by providing
transportation vouchers, translation services,
childcare, food, or monetary compensation.

Sincerely,
Ana Gonzalez
Executive Director
CCAEJ is a long-standing community based organization with over 40 years of experience advocating for stronger regulations through strategic campaigns and building a base of community power. Most notably, CCAEJ’s founder Penny Newman won a landmark federal case against Stringfellow Construction which resulted in the `Stringfellow Acid Pits’ being declared one of the first Superfund sites in the nation.CCAEJ prioritizes community voices as we continue our grassroots efforts to bring lasting environmental justice to the Inland Valley Region.

Mailing Address Physical Address Tel: 951-360-8451
P .O. Box 33124 3840 Sunnyhill Drive, Suite A Fax: 951-360-5950 Jurupa Valley CA 92519 Jurupa Valley CA 92509 www.ccaej.org F.1.2
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Attachment: PAA22-0003 Letter of Appeal -Center for Community Action and Environmental Justice (6001 : PEN20-0162 Moreno Business 1 RESOLUTION NUMBER 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, DENYING APPEALS (PAA22-0002) AND
(PAA22-0003), AND ADOPTING A MITIGATED NEGATIVE

DECLARATION AND MITIGATION MONITORING AND REPORTING
PROGRAM FOR PLOT PLAN PEN20 -0162 (PEN21-0079) FOR THE

PROPOSED MORENO VALLEY BUSINESS CENTER PROJECT

LOCATED AT THE NORTHEAST CORNER OF ALESSANDRO
BOULEVARD AND DAY STREET (APN’S 291-191-007 THROUGH -013 AND -025 THROUGH -029)
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California, and the lead agency for the preparation and consideration of environmental documents for local projects that are subject to requirements of the California Environmental Quality Act (CEQA)1 and CEQA Guidelines2; and
WHEREAS, LDC Industrial Realty, LLC, (“Applicant”) has submitted applications for a Plot Plan (PEN20-0162 (PEN210079)) for proposed Moreno Valley Business Center project with approximately 164,187 square foot light industrial building with associated public improvements on approximately 8.2 acres (“Proposed Project”) located at the northeast corner of Alessandro Boulevard and Day Street (APN’S 291-191-007 through - 013 and -025 through -029) (“Project Site”); and
WHEREAS, Planning Division Staff completed an Initial Study ( environmental assessment) for the Proposed Project and based on the assessment, recommends adoption of a Mitigated Negative Declaration (“MND”) and a Mitigated Monitoring and Reporting Program (“MMRP”) in accordance with Section 6 (Negative Declaration Procedures) of the City’s Rules and Procedures for the Implementation of the California Environmental Quality Act (CEQA) and the requirements of the CEQA Guidelines Sections 15070 – 15075; and
WHEREAS, a Notice of Intent to Adopt a Mitigated Negative Declaration was duly noticed and circulated for public review for a period of 20 days commencing on June 16, 2022, through July 6, 2022; and
WHEREAS, in compliance with CEQA and the CEQA Guidelines, a Mitigation Monitoring and Reporting Program (“MMRP”), which is a program for monitoring and reporting on the Proposed Projects’ mitigation measures, was prepared for the proposed Project and circulated with the MND; and
WHEREAS, on July 14, 2022, a hearing was conducted by the Planning Commission to consider adopting the Proposed Project’s MND and the MMRP, and

1 Public Resources Code §§ 21000-21177
2 14 California Code of Regulations §§15000-15387

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Attachment: 2022-XX Resolution IS-MND [Revision 2] (6001 : PEN20-0162 Moreno Business Center) 2 approval of the Proposed Project, at which time the Planning Commission considered the Initial Study, MND, and the MMRP, together with any comments received during and prior to the public review process; and
WHEREAS, at the conclusion of the public hearing, in the exercise of its own independent judgment, the Planning Commission determined that the MND and the MMRP prepared for the Proposed Project has reduced the environmental impacts of the Proposed Project to levels of insignificance, and that there is no substantial evidence supporting a fair argument that the Proposed Project will have a significant effect on the environment that would otherwise require the preparation of an environmental impact report, and voted 3-1 to approve the Proposed Project; and WHEREAS, on July 25, 2022, two appeals (PAA22-0002 and PAA22-0003) were filed appealing the Planning Commission’s decision; and WHEREAS, on November 15, 2022, a hearing was conducted by the City Council to consider the two appeals or adopting the MND and MMRP, and approving the Proposed Project; and
WHEREAS, at the conclusion of the public hearing, in the exercise of its own independent judgment, the City Council has determined that the MND and MMRP will reduce the environmental impacts of the Proposed Project to levels of insignificance and that there is no substantial evidence supporting a fair argument that the Proposed Project will have a significant effect on the environment in a manner that otherwise would require the preparation and verification of an Environmental Impact Report.

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. Evidence
That the City Council has considered all the evidence submitted into the Administrative Record for the MND and MMRP, including, but not limited to, the following:
(a) Mitigated Negative Declaration/Initial Study prepared for the Proposed Project, attached hereto as Exhibit A;
(b) Notice of Intent to Adopt a MND/Newspaper Notice, attached hereto as Exhibit B;
(c) MMRP, attached hereto as Exhibit C;
(d) Staff Report prepared for the City Council’s consideration and all documents, records, and references related thereto, and Staff’s presentation at the public hearing;
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Attachment: 2022-XX Resolution IS-MND [Revision 2] (6001 : PEN20-0162 Moreno Business Center) 3 (e) Testimony, comments, and correspondence from all persons that were provided at, or prior to, the July 14, 2022 Planning Commission public hearing;
(f) Appeals PAA22-0002 and PAA22-0003;
(g) Testimony, comments, and correspondence from all persons that were provided at, or prior to, the City Council November 15, 2022, public hearing; (h) Proposed conditions of approval for the Proposed Project; (i) Staff reports prepared for the Planning Commission for its July 14, 2022, public hearing; and
(j) Testimony and/or comments from all persons that was provided in written format or correspondence, at, or prior to the July 14, 2022, public hearing.

Section 3. Findings
That based on the content of the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the City Council makes the following findings:
(a) That all environmental impacts of the Proposed Project, with the mitigation measures set forth in the MMRP, have been reduced to levels of insignificance and there is no substantial evidence supporting a fair argument that the Proposed Project will have a significant effect on the environment that would otherwise require the preparation and certification of an Environmental Impact Report;
(c) That the MND and MMRP have been completed in compliance with CEQA and the CEQA Guidelines consistent the City’s Rules and Procedures for the Implementation of the California Environmental Quality Act; (d) That the MND and MMRP reflect the independent judgment and analysis of the Planning Commission and City as lead agency for the Proposed Project; and
(e) That the MND and MMRP are adequate to serve as the required CEQA environmental documentation for the proposed Project.

Section 4. Deny Appeals; Adoption
That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings, as set forth herein, the City Council hereby denies both Appeals, PAA22-0002 and PAA22-0003, and adopts the Initial Study/ Mitigated Negative Declaration attached hereto as Exhibit A and the Mitigation Monitoring and Reporting Program attached hereto as Exhibit C.

Section 5. Repeal of Conflicting Provisions
That all the provisions as heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

Section 6. Severability
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Attachment: 2022-XX Resolution IS-MND [Revision 2] (6001 : PEN20-0162 Moreno Business Center) 4 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 7. Effective Date
That this Resolution shall take effect immediately upon the date of adoption.

Section 8. Certification
That the City Clerk for the City Council shall certify to the passage of this Resolution.

PASSED AND ADOPTED THIS 15th day of November 2022

CITY OF MORENO VALLEY

CITY COUNCIL
_________________________
Dr. Yxstian A. Gutierrez,
Mayor of the City of Moreno Valley
ATTEST:
_________________________
Jane Halstead, City Clerk

APPROVED AS TO FORM:
_________________________
Steven B. Quintanilla,
Interim City Attorney
Exhibits:

Exhibit A: Mitigated Negative Declaration/Initial Study Exhibit B: Notice of Intent to Adopt a Mitigated Negative Declaration / Newspaper Notice Exhibit C: Mitigation Monitoring Plan
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Exhibit A

INITIAL STUDY
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Exhibit B

NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION /

NEWSPAPER NOTICE
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Exhibit C

MITIGATION MONITORING AND REPORTING PROGRAM
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CITY OF

MORENO VALLEY

MITIGATED NEGATIVE DECLARATION

FOR THE

MORENO VALLEY BUSINESS CENTER PROJECT

Moreno Valley Business Center Project:

Plot Plan (PEN20-0162)

June 2022

Lead Agency

CITY OF MORENO VALLEY
14177 Frederick Street
Moreno Valley, CA 92552

Prepared By
T&B PLANNING, INC.
3200 El Camino Real, Suite 100
Irvine, CA, 92602
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TABLE OF CONTENTS

MITIGATED NEGATIVE DECLARATION ....................................................................... 1 BACKGROUND INFORMATION AND PROJECT DESCRIPTION: ................................ 7 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: ....................................... 27 DETERMINATION (To be completed by the Lead Agency): ......................................... 27 EVALUATION OF ENVIRONMENTAL IMPACTS: ........................................................ 28 ISSUES & SUPPORTING INFORMATION SOURCES: ............................................... 29 I. AESTHETICS .......................................................................................... 29 II. AGRICULTURE AND FOREST RESOURCES ....................................... 31 III. AIR QUALITY .......................................................................................... 32 IV. BIOLOGICAL RESOURCES ................................................................... 38 V. CULTURAL RESOURCES ...................................................................... 44 VI. ENERGY .................................................................................................. 48 VII. GEOLOGY AND SOILS ........................................................................... 50 VIII. GREENHOUSE GAS EMISSIONS .......................................................... 54 IX. HAZARDS AND HAZARDOUS MATERIALS .......................................... 56 X. HYDROLOGY AND WATER QUALITY ................................................... 60 XI. LAND USE AND PLANNING ................................................................... 64 XII. MINERAL RESOURCES ......................................................................... 65 XIII. NOISE ...................................................................................................... 65 XIV. POPULATION AND HOUSING ............................................................... 69 XV. PUBLIC SERVICES ................................................................................. 70 XVI. RECREATION ......................................................................................... 71 XVII. TRANSPORTATION ................................................................................ 72 XVIII. TRIBAL CULTURAL RESOURCES ......................................................... 74 XIX. UTILITIES AND SERVICE SYSTEMS ..................................................... 75 XX. WILDFIRE ................................................................................................ 78 XXI. MANDATORY FINDINGS OF SIGNIFICANCE ....................................... 79

FIGURES

Figure 1 Project Location Map ................................................................................... 6 Figure 2 Regional Map ............................................................................................ 17 Figure 3 USGS Topographic Map ............................................................................ 18 Figure 4 Existing General Plan ................................................................................ 19 Figure 5 Existing Zoning .......................................................................................... 20 Figure 6 Aerial Photograph ...................................................................................... 21 Figure 7 Site Plan .................................................................................................... 22 Figure 8 Architectural Elevations ............................................................................. 23 Figure 9 Conceptual Landscape Plan ...................................................................... 24 Figure 10 Conceptual Utilities Plan ............................................................................ 25 Figure 11 Conceptual Grading Plan ........................................................................... 26 F.1.4
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MITIGATED NEGATIVE

DECLARATION MORENO VALLEY

BUSINESS CENTER

Project Description:

The Moreno Valley Business Center project comprises a proposal for a Plot Plan (PEN20-0162) that provides for the development of a light industrial building with 164,187 square feet of building floor area, inclusive of 154,187 s.f. of warehouse/storage space and 10,000 s.f. of supporting office space (ground floor and mezzanine). The Project also would include a cargo loading area (within an enclosed truck court with loading docks on the west side of the proposed building), parking areas, landscaping, signage, and lighting.

Project Location:

The Project site is located at the northeast corner of Alessandro Boulevard and Day Street in the City of Moreno Valley, Riverside County, California. (APNs: 291-191-007 through -013, and -025 through -029)

Project Proponent:

Larry Cochrun
LDC Industrial Realty, LLC
555 N. El Camino Real Suite A456
San Clemente, CA 92672

Findings:

It is hereby determined that, based on the information contained in the attached Initial Study, the Project would not have a significant adverse effect on the environment.

Mitigation Measures:

No. Mitigation Measure
MM BR-1 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:

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 species-appropriate (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 F.1.4
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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.

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

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 ground- disturbing activities on the property, the qualified biologist shall passively or actively relocate any burrowin
g 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 matin g 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.

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MM CR-1 Prior to the issuance of a grading permit, the Developer shall retain a professional archaeologist to conduct monitoring of all ground disturbing 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 the Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians, the contractor, and the City, shall develop a CRMP as defined in Mitigation Measure CR-3. The Project archa eologist shall attend the pre- grading meeting with the City, the construction manager and any contractors and wi ll conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance. The archaeological monitor shall have the authority to temporarily halt and redirect earth moving activities in the affected area in the event that suspected archaeological resources are unearthed.

MM CR-2 Prior to the issuance of a grading permit, the Developer shall secure agreements with the Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians for tribal monitoring. The City is also required to provide a minimum of 30 days’ advance notice to the tribes of all ground disturbing activities. The Native American Tribal Representatives shall have the authority to temporarily halt and redirect earth moving activities in the affected area in the event that suspected archaeological resources are unearthed. The Native American Monitor(s) shall attend the pre - grading meeting with the Project Archaeologist, City, the construction manager and any contractors and will conduct the Tribal Perspective of the mandatory Cultural Resources Worker Sensitivity Training to those in attendance.

MM CR-3 The Project Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a CRMP in consultation pursuant to the definition in AB52 to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the project site. A consulting Tribe is defined as a Tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB52 consultation process, and has completed AB 52 consultation with the City as provided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include:

a) Project description and location;
b) Project grading and development scheduling;
c) Roles and responsibilities of individuals on the Project; d) The pre-grading meeting and Cultural Resources Worker Sensitivity Training details;
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; f) The type of recordation needed for inadvertent finds and the stipulations of recordation of sacred items; and
g) Contact information of relevant individuals for the Project.

MM CR-4 In the event that Native American cu ltural resources are discovered during the course of ground disturbing activities (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries:

a) One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Moreno Valley Planning Department:
i. Preservation-In-Place of the cultural resources, if feasible. Preservation in place means avoiding the resources, leaving them in the place they were found with no development affecting the integrity of the resources.

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ii. Onsite reburial of the discovered items as detailed in the treatment plan required pursuant to Mitigation Measure CR- 1. This shall include measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur until all legally required cataloging and basic recordation have been completed. No recordation of sacred items is permitted without the written consent of all Consulting Native American Tribal Governments as defined in Mitigation Measure CR-3 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 CR-5 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."

MM CR-6 If potential historic or cu ltural resources are uncovered during excavation or construction activities at the project site that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to Project approval, all ground disturbing activities in the affected area within 100 feet of the uncovered resource 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 con sulted 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. Further ground disturbance shall not resume within the area of the discover y until an
agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional archeologist and Tribal Monitors, if needed. Determinations and recommendations by the consultant shall be immediately submitted to the Planning Division for consideration, and implemented as deemed appropriate by the Community Development Director, in consultation with the State Historic Preservation Officer (SHPO) and any and all Consulting Native American Tribes as defined in CR-2 before any further work commences in the affected area. If the find is determined to be significant and avoidance of the site has not been achieved, a Phase III data recovery plan shall be prepared
by the Project Archeologist, in
consultation with the Tribe, and shall be submitted to the City for their review and approval prior to implementation of the said plan.

MM CR-7 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).

MM CR-8 It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be F.1.4
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asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r).

MM CR-9 Prior to final inspection, the developer/permit holder shall prompt the Project Archeologist to submit two (2) copies of the Phase III Data Recovery report (if required for the Project) and the Phase IV Cultural Resources Monitoring Report that complies with the Community Development Department's requirements for such reports. The Phase IV report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre- grade meeting. The Community Development Department shall review the reports to determine adequate mitigation compliance. Provided the reports are adequate, the Community Development Department shall clear this condition.

Once the
report(s) are determined to be adequate, two (2) copies shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and one (1) copy shall be submitted to the Consulting Tribe(s) Cultural Resources Department(s).

MM GEO-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 GEO-2 The paleontological monitor shall conduct full -time monitoring during grading and excavation operations in undisturbed, very old alluvial fan sediments at depths five 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 qualified paleontological personnel to have a low potential to contain or yield fossil resources.

MM GEO-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 int o a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage, such as the Western Science Museum in Hemet, California, is required for significant discoveries.

MM GEO-4 A final monitor ing and mitigation report of findings and significance shall be prepared, including lists of all fossils recovered, if any, and necessary maps and graphics to accurately record the original location of the specimens. The report shall be submitted to the City of Moreno Valley prior to building final.

Attachments:

1. Location Map

2. Initial Study

3. Mitigation Monitoring and Reporting Program.

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Moreno Valley Business Center Page 7 City of Moreno Valley

INITIAL STUDY (IS) FOR

MORENO VALLEY BUSINESS

CENTER PROJECT

BACKGROUND INFORMATION AND PROJECT DESCRIPTION:

1. Project Case Number(s): Plot Plan (PEN20-0162)

2. Project Title: Moreno Valley Business Center

3. Public Comment Period: June 16, 2022 to July 6, 2022

4. Lead Agency: City of Moreno Valley
Julia Descoteaux, Associate Planner
14177 Frederick Street
Moreno Valley, CA 92552
(951) 413-3209
[email protected]

5. Documents Posted At: https://moval.gov/cdd/documents/about-projects.html

6. Prepared By: T&B Planning, Inc.

Tracy Zinn
3200 El Camino Real, Suite 100
Irvine, CA, 92602
(714) 505-6360 x 350
[email protected]

7. Project Sponsor:

Applicant/Developer Property Owner
Larry Cochrun City of Moreno Valley
LDC Industrial Realty, LLC 14177 Frederick Street
555 N. El Camino Real Suite A456
San Clemente, CA 92672
Moreno Valley, CA 92553
(949) 226-4601
[email protected]

8. Project Location: The Project site is located in the western portion of the City of Moreno Valley, Riverside County, California. The Project site is located at the northeast corner of Alessandro Boulevard and Day Street (APNs: 291-191-007 through -013, and -025 through -029). Refer to Figure 2, Regional Map; and Figure 3, USGS Topographic Map.

9. General Plan Designation: Business Flex (B-F). Refer to Figure 4, Existing General Plan.

10. Specific Plan Name and Designation: N/A

11. Existing Zoning: Business Flex. Refer to Figure 5, Existing Zoning.

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Moreno Valley Business Center Page 8 City of Moreno Valley

12. Surrounding Land Uses and Setting (Refer to Figure 6, Aerial Photograph):

Land Use General Plan Zoning
Project
Site Undeveloped Business Flex Business Flex
North Residential, Undeveloped Residential 3 Residential 3 South Industrial Business Park/Light
Industrial Industrial
East Residential, Commercial Residential 3/Business
Flex
Business Flex and
Residential 3
West Residential Business Flex Business Flex

13. Project Description: The Moreno Valley Business Center project (herein after, “Project”) comprises a proposal for a Plot Plan (PEN20-0162) that provides for the development of a light industrial building with 164,187 square feet of building floor area. The Project site comprises approximately 8.2 gross acres/7.8 net acres. The components of the proposed Project are summarized on the following pages.

Plot Plan (PEN 20-0162) provides a development plan for a light industrial building with 164,187 square feet (s.f.) of building floor area, inclusive of 154,187 s.f. of warehouse/storage space and 10,000 s.f. of supporting office space (ground floor and mezzanine). An employee break area with tables and seating is provided along the northwest corner of the proposed building. The site plan for the Project is illustrated on Figure 7, Site Plan.

Vehicular access to the Project site is provided by one proposed driveway onto Alessandro Boulevard, one proposed driveway onto Day Street, and one proposed driveway onto Sherman Avenue. The driveway onto Alessandro Boulevard would be accessible for passenger vehicles only and would be limited to right-turn movements entering and exiting the site. The driveway onto Day Street would be accessible to trucks only and only for trucks entering and exiting via Alessandro Boulevard. A “porkchop” island would be installed at the Project’s driveway at Day Street to make it impossible for trucks exiting the Project site to make a right-turn and travel northbound on Day Street. (The Project also includes signage at the driveway onto Day Street informing exiting drivers that right turns are prohibited.) The porkchop island also would prevent southbound trucks on Day Street from making a left-turn into the Project site. The driveway onto Sherman Avenue would be accessible for passenger vehicles only and would have no restrictions for vehicle turning movements entering or exiting the site.

Parking and Loading
The proposed building contains an enclosed truck court on the west side of the building (adjacent to Day Street) with 23 dock high loading bays and 28 truck trailer parking stalls .

Additionally, 151 standard automobile parking stalls will be provided along the north and east sides of the building. Bicycle parking spaces (“ racks”) would be provided at the northwest and southeast corners of the building in conformance with Moreno Valley Municipal Code Section 9.11060(B)(1), which requires bicycle parking spaces be provided at a rate equal to five percent of the total required parking spaces.

Architecture
Figure 8, Architectural Elevations, depicts the Project’s architectural design. The proposed building would have a maximum height of approximately 44 feet above finished grade. The building is proposed to be constructed with painted concrete tilt-up panels and low-reflective, F.1.4
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Moreno Valley Business Center Page 9 City of Moreno Valley blue-glazed glass. Artic ulated building elements, include parapets with a varied roofline, wall recesses, and decorative, accent building materials ( including wood siding) are proposed as decorative elements. The exterior color palette for the proposed building is comprised of various neutral colors, including shades of white, gray, and blue.

Prior to the issuance of building permits to construct the Project, the Project Applicant would be required to submit construction architecture documents/plans to the City of Moreno Valley for review and approval. The construction documents/plans would be required to comply with the City of Moreno Valley Building Code, which is based on the California Building Code and is included in Chapter 8.20 of the City of Moreno Valley Municipal Code.

Landscaping
Figure 9, Conceptual Landscape Plan, depicts the proposed landscape design for the Project. Proposed landscaping would be ornamental in nature and would feature drought- tolerant trees, shrubs, and drought-tolerant accent plants in addition to a variety of groundcovers. Trees, shrubs and groundcovers would be concentrated along the Project site’s frontages with Sherman Avenue, Day Street, Alessandro Boulevard, and along the Project site’s eastern boundary. Landscaping also is massed at driveways, around the buildings, and in and around automobile parking areas.

Prior to the issuance of a building permit to construct the proposed building, the Project Applicant would be required to submit final planting and irrigation plans to the City of Moreno Valley for review and approval. The plans are required to comply with Chapter 9.17 of the Moreno Valley Municipal Code, which establishes requirements for landscape design, automatic irrigation system design, and water-use efficiency.

Project Improvements
Public Roadway Improvements
The Project includes the following public roadway improvements in conjunction with development of the Project site:

1. The Project Applicant would re-pave the southern half of the Sherman Avenue segment that abuts the northern Project site boundary. In addition, the Project Applicant would install three (3) street lights along the Sherman Avenue segment that abuts the northern Project site boundary.

2. The Project Applicant would re-pave the eastern half of the Day Street segment that abuts the western Project site boundary and re-locate one (1) existing street light on the east side of the street (at the approximate mid-point of the Project site boundary).

3. The Project Applicant would improve the north side of the Alessandro Boulevard segment that abuts the southern Project site boundary to its ultimate half-section as a Divided Major Arterial. With proposed improvements, the north side of the street would feature a 67-foot-wide travel way (including turn pocket for northbound traffic onto Day Street), curb and gutter, 10-foot-wide sidewalk, and bioretention swales . In addition, the Project Applicant would install three (3) street lights along the Alessandro Boulevard segment that abuts the southern Project site boundary.

Water Infrastructure
Box Springs Mutual Water Company (BSMWC) would provide water service to the Project site. As depicted on Figure 10, Conceptual Utilities Plan , connection points (domestic, irrigation, and fire service) are proposed to the existing water lines installed beneath Day F.1.4
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Moreno Valley Business Center Page 10 City of Moreno Valley Street and Alessandro Boulevard. All proposed water facilities would be designed and constructed in accordance with applicable BSMWC standards.

The Project also provides for the construction of a new public water pump on BSMWC property located approximately 375 feet north of Dracaea Avenue and approximately 225 feet east of Edgemont Avenue (APN 263-140-014). The BSMWC property where the water pump would be constructed is graded and cleared (packed dirt) under existing conditions and developed with BSMWC water tanks and associated equipment. The proposed public water pump will require the construction of a concrete pad to support the pump equipment, electrical wiring to power the pump, and a control panel. The pump would connect to an existing pipe that runs between the BSMWC property and Dracaea Avenue; this pipe, which is stubbed under existing conditions, would be connected to an abutting, existing water main within Dracaea Avenue . The water pump would correct existing deficient water pressure conditions at the Project Site to ensure the Project’s fire suppression (i.e., indoor sprinkler) system can meet minimum operational and safety requirements.

Sanitary Sewer Service
Edgemont Community Services District (ECSD) would provide wastewater conveyance services to the Project site. As shown on Figure 10, the Project would connect to an existing sewer line beneath Day Street. All proposed wastewater facilities would be designed and constructed in accordance with applicable ECSD standards.

Stormwater Drainage Infrastructure
As shown in Figure 11, Conceptual Drainage Plan, the Project’s on-site stormwater drainage system would consist of catch basins, underground storm drain pipes, bioretention swales, and a underground infiltration chamber s. Stormwater runoff from the passenger vehicle parking areas in the northern and eastern portions of the Project site will be conveyed to the truck court by underground storm drain pipes. In the truck court, runoff would first be directed to underground infiltration chambers located beneath the truck court, then – when/if the infiltration chambers reach capacity – runoff would flow to an underground storm drain that would convey site runoff westerly off- site into the proposed storm drain beneath Day Street (see discussion below). During heavy rain events, storm water captured in the truck court would be temporarily detained through aboveground ponding in the truck court. The maximum depth of ponding in the truck court would be approximately 8.5 inches. The release of detained stormwater flows from the truck court into on-site catch basins would be controlled to minimize the release of stormwater flows during peak storm events.

The Project also provides for the construction of a new public storm drain beneath segments of Sherman Avenue, Day Street, Alessandro Boulevard, and Old 215 Frontage Road. The proposed storm drain begins in Sherman Avenue and traverses westerly to Day Street, southerly to Alessandro Boulevard, westerly to Old 215 Frontage Road, then northerly for 90 feet before terminating with a bubbler outlet structure that will discharge runoff flows to an existing drainage device in a drainage swale on the east side of the road. Catch basins will be installed in Sherman Avenue, Day Street, and Alessandro Boulevard abutting the Project site to capture off-site stormwater runoff and convey the flows to the proposed public storm drain.

Dry Utilities
Implementation of the Project would result in the relocation/adjustment of an existing traffic signal pull box and utility vault along the Project site frontage with Alessandro Boulevard.

Implementation of the Project also would result in the relocation of existing underground electrical wiring, an electrical utility box, and a telecommunications pedestal along the Project site frontage with Day Street. Lastly, existing wooden power poles along the Project F.1.4
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Moreno Valley Business Center Page 11 City of Moreno Valley site frontage with Alessandro Boulevard would be removed as part of Project construction and the overhead electric transmission lines suspended on these poles would be undergrounded. The removal of the power pokes and the undergrounding of the transmission lines would be performed in coordination with Moreno Valley Utility.

Earthwork and Grading
Implementation of the Project would result in grading and earthwork across the entire Project site. As shown on Figure 12, Conceptual Grading Plan, the proposed Project would result in approximately 25,193 cubic yards of cut and 25,193 cubic yards of fill; no import or export of earthwork materials would be required. When grading is complete, the Project site would have a downward slope from northeast to southwest and the approximate elevation for the proposed building pad would be 1,559 feet above mean sea level (amsl). Manufactured slopes with maximum 2:1 gradients would be constructed along portions of the Project site’s eastern, northern, western, and southern boundaries. An approximately 3-foot-tall retaining wall would be constructed at the base of the manufactured slope on the eastern Project site boundary.

Construction Characteristics
Based on information provided by the Project Applicant, the Project is expected to be constructed over a period of approximately 280 work days ( 12 months). Site preparation would occur first, followed by mass -grading and installation of underground infrastructure and retaining walls. Next, fine grading would occur, surface materials would be poured, and the proposed building would be erected, connected to the underground utility system, and painted. Lastly, landscaping, fencing, screen walls, lighting, signage, and other site improvements would be installed. The estimated Project construction schedule, organized by construction stage, is summarized in Table 1, Estimated Construction Schedule.

Table 1: Estimated Construction Schedule
Phase Name Days
Site Preparation 10
Grading 20
Building Construction 230
Paving 20
Architectural Coating 40
Source: (Urban Crossroads, 2022b, Table 1)
Construction workers would travel to the site by passenger vehicle and materials deliveries would occur by medium - and heavy-duty trucks. Construction equipment is expected to operate on the Project site up to eight hours per day, six days per week. Even though construction activities are permitted to occur between 7:00 a.m. to 8:00 p.m. on Mondays through Saturdays pursuant to Moreno Valley Municipal Code Section 11.80.030(D)(7), construction equipment is not in continual use and some pieces of equipment are used only periodically throughout a typical day of construction. Thus, eight hours of daily use per piece of equipment is a reasonable assumption. Should construction activities need to occur at night (such as concrete pouring activities which benefit from air temperatures that are lower than daytime temperatures), the Project Applicant would be required to obtain authorization for nighttime work from the City of Moreno Valley as specified in Moreno Valley Municipal Code Section 11.80.030(D)(7).

The construction equipment fleet that the Project Applicant intends to utilize to construct the proposed Project is summarized in Table 2, Estimated Construction Equipment Fleet. The F.1.4
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Moreno Valley Business Center Page 12 City of Moreno Valley Project’s construction fleet listed in Table 2 would meet, at a minimum, California Air Resources Board (CARB) Tier 4 interim standards. This construction fleet is used for purposes of analysis in this IS/MND.

Table 2: Estimated Construction Equipment Fleet
Phase Name Equipment Amount Hours Per
Day
Site Preparation
Crawler Tractors 4 8
Rubber Tired Dozers 3 8
Grading
Crawler Tractors 3 8
Excavators 1 8
Graders 1 8
Rubber Tired Dozers 1 8
Building Construction
Cranes 1 8
Forklifts 3 8
Generator Sets 1 8
Tractors/Loaders/Backhoes 3 8
Welders 1 8
Paving
Pavers 2 8
Paving Equipment 2 8
Rollers 2 8
Architectural Coating Air Compressors 1 8
Source: (Urban Crossroads, 2022b, Table 2)
Operational Characteristics
At this time, the future occupant(s) of the proposed warehouse building is /are currently unknown. The Project Applicant expects that the building primarily would be occupied by a warehouse distribution/logistics operator. T he Project is expected to be operational 24 hours per day, seven days per week, with exterior loading and parking areas illuminated at night. Lighting would be subject to compliance with Moreno Valley Municipal Code Section

9.08.100, which states that all outdoor lighting associated with nonresidential uses shall be fully shielded and directed away from surrounding residential uses to reduce glare and light trespass, and shall not exceed one-quarter -foot-candle minimum maintained lighting measured from within five (5) feet of any property line.

The proposed warehouse building is designed such that business operations would be conducted within the enclosed building, with the exception of traffic movement, parking, and the loading and unloading of tractor trailers at designated loading bays. As a practical matter, dock doors on industrial buildings are not occupied by a truck at all times of the day.

There are typically more dock door positions on industrial buildings than are needed for receiving and shipping volumes. The dock doors that are in use at any given time are usually selected based on interior building operation efficiencies. In other words, trucks ideally dock in the position closest to where the goods to be carried by the truck are inside the building. As a result, many dock door positions are frequently inactive throughout the day. The outdoor cargo handling equipment used during loading, and unloading of trailers (e.g., yard trucks, hostlers, yard goats, pallet jacks, forklifts) are expected to be powered by non-diesel engines (e.g., gasoline, natural gas, electric).

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Moreno Valley Business Center Page 13 City of Moreno Valley During operation, employees, visitors, and vehicles hauling goods will travel to and from the Project site on a daily basis. Project operations are calculated to generate approximately 304 vehicle trips per day, including 194 passenger vehicle trips and 110 truck trips.

Pursuant to State law, on-road diesel -fueled trucks that would service the Project are required to comply with various air quality and greenhouse gas emission standards, including but not limited to the type of fuel used, engine model year stipulations, aerodynamic features, and idling time restrictions. Compliance with State law is mandatory and inspections of on-road diesel trucks subject to applicable State laws are conducted by the California Air Resources Board (CARB).

For purposes of analysis in this IS/MND, the Project’s water and wastewater treatment demand is anticipated to be 7,800 gallons per day ( demand rates derived from ECSD standard wastewater treatment generation rates (ECSD, 2016, Table 3-1) ). Project operations also are expected to demand approximately 1,900,224 kilowatt hours (kWh) of electricity per year; and 2,265,005 kilo-British thermal units (kBTU) of natural gas per year.

14. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
The City of Moreno Valley is required to consult with interested California Native American tribes regarding the Project pursuant to Assembly Bill 52 (AB 52). The City contacted California Native American Tribes with traditional use areas that encompass or are in the vicinity of the Project site. The Project received requests for consultation from Soboba Band of Luiseno Indians, Pechanga Band of Luiseno Indians, Rincon Band of Luiseno Indians, and Agua Caliente Band of Cahuilla Indians. The City concluded consultation on June 16, 2021.

15. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement):

Riverside County Airport Land Use Commission (Airport Land Use Plan Consistency Determination); Santa Ana Regional Water Quality Control Board (NPDES Permit), Riverside County Flood Control and Water Conservation District (drainage infrastructure design); Box Springs Mutual Water Company (domestic water system design/connections); and Edgemont Community Services District (sewer system design/connections).

16. Other Technical Studies Referenced in this Initial Study (Provided as Appendices):

Technical Appendix A1: Moreno Valley Business Center Air Quality Impact Analysis Technical Appendix A2: Moreno Valley Business Center Mobile Source Health Risk Assessment
Technical Appendix A3: Moreno Valley Business Center Supplemental Air Quality Impact Analysis
Technical Appendix A4: Moreno Valley Business Center Construction Health Risk Assessment
Technical Appendix B: General Biological Resources Assessment for the Moreno Valley Business Center Project
Technical Appendix C: Phase I Cultural Resources Survey for the Moreno Valley Business Center Project
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Moreno Valley Business Center Page 14 City of Moreno Valley Technical Appendix D: Geotechnical Investigation Proposed Warehouse Building Development Northeast Corner Alessandro Boulevard and Day Street Moreno Valley, California
Technical Appendix E: Moreno Valley Business Center Energy Analysis Technical Appendix F: Moreno Valley Business Center Greenhouse Gas Analysis Technical Appendix G: Phase I Environmental Site Assessment LDC Alessandro Business Park
Technical Appendix H: Paleontological Assessment for the Moreno Valley Business Center Project
Technical Appendix I1 : Preliminary Hydrology Calculations for PEN20-0162/LST20-0025 LDC Alessandro Business Park
Technical Appendix I2: Project Specific Preliminary Water Quality Management Plan for:

PEN20-0162/LWQ20-0026 LCD-Alessandro
Technical Appendix J1: Moreno Valley Business Center Noise Impact Analysis Technical Appendix J2: Mor eno Valley Business Center Off-Site Improvements Noise Assessment
Technical Appendix K1: Moreno Valley Business Center Project Scoping Form Technical Appendix K2: Moreno Valley Busines s Center Vehicle Miles Travel led (VMT) Analysis
Technical Appendix K3: Moreno Valley Business Center Truck Turning Evaluation

17. Acronyms:

AB-# Assembly Bill
ALUC - Airport Land Use Commission
ALUCP - Airport Land Use Compatibility Plan
amsl Above mean sea level
APN Assessor Parcel Number
AQMP - Air Quality Management Plan
BMP Best Management Practice
BP Business Park/Light Industrial
CAAQS California Ambient Air Quality Standards
CalEEMod California Emissions Estimator Model
CalFire California Department of Forestry and Fire Protection CalGreen California Green Building Standards Code
CalRecycle California Department of Resources, Recycling, and Recovery Caltrans California Department of Transportation
CAPCOA California Air Pollution Control Officers Association CAPSSA Criteria Area Plant Special Survey Area
CARB California Air Resources Board
CBSC California Building Standards Code
CCR California Code of Regulations
CDC California Department of Conservation
CDFW California Department of Fish and Wildlife
CEQA - California Environmental Quality Act
CH4 Methane
CIWMP Countywide Integrated Waste Management Plan
CO Carbon Monoxide
CRMP Cultural Resources Management Plan
dBA A-weighted decibels
DBESP Determination of Biologically Superior Preservation DIF Development Impact Fee
DPM Diesel Particulate Matter
DTSC - Department of Toxic Substance Control
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Moreno Valley Business Center Page 15 City of Moreno Valley ECSD Edgemont Community Services District
e.g. Exempli gratia meaning “for example”
EIC Eastern Information Center
EIR - Environmental Impact Report
EO Executive Order
EPA Environmental Protection Agency
ESA Environmental Site Assessment
FEMA - Federal Emergency Management Agency
FIRM Flood Insurance Rate Map
FMMP - Farmland Mapping and Monitoring Program
GCC Global Climate Change
GHG - Greenhouse Gas
gpcd Gallons per capita per day
gpd Gallons per day
HCP Habitat Conservation Plan
HMBEP Hazardous Materials Business Emergency Plan
I-# Interstate
i.e. Id est meaning “that is”
IEPR Integrated Energy Policy Report
IS - Initial Study
ISTEA Intermodal Surface Transportation Efficiency Act of 1991 ITE Institute of Transportation Engineers
kBTU Kilo-British thermal units
kWH Kilowatt hours
lbs/day Pounds per day
Leq Equivalent Sound Level
LI Light Industrial
MAFB March Air Force Base
MARB - March Air Reserve Base
MARB/IPA- March Air Reserve Base/Inland Port Airport
MEIR Maximally Exposed Individual Receptor
MEIW Maximally Exposed Individual Worker
mgpd Million gallons per day
MND Mitigated Negative Declaration
MS4 Municipal Separate Storm Sewer System
MSHCP - Multiple Species Habitat Conservation Plan
MTCO2e Metric Tons of Carbon Dioxide Equivalent
MT/yr Metric Tons per year
MVFD Moreno Valley Fire Department
N2O Nitrous Oxide
NAAQS National Ambient Air Quality Standards
NAHC Native American Heritage Commission
NEPSSA Narrow Endemic Plant Special Survey Area
NOX Nitric Oxide
NPDES - National Pollutant Discharge Elimination System PCE Passenger Car Equivalent
PM10 Particulate Matter (10 microns in diameter)
PM2.5 Particulate Matter (2.5 microns in diameter)
R30 Residential: Max 30 du/ac
REC Recognized Environmental Condition
RTP - Regional Transportation Plan
RWQCB Regional Water Quality Control Board
SB-# Senate Bill
SCAB South Coast Air Basin
SCAG - Southern California Association of Governments
SCAQMD - South Coast Air Quality Management District
SCCIC South Central Coastal Information Center
SCE - Southern California Edison
SCS Sustainable Communities Strategy
s.f. Square feet
SGMA Sustainable Groundwater Management Act
SLF Sacred Lands Files
SOX Sulfur Oxide
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Moreno Valley Business Center Page 16 City of Moreno Valley SR-# State Route
SRA State Responsibility Area
SWPPP - Storm Water Pollution Prevention Plan
TEA-21 The Transportation Act for the 21st Century
UCR University of California Riverside
USEPA United States Environmental Protection Agency
USFWS - United States Fish and Wildlife
UWMP Urban Water Management Plan
VdB Vibration Decibels
VEC Vapor Encroachment Condition
VES Vapor Encroachment Screening
VMT - Vehicle Miles Traveled
VOC Volatile Organic Compound
WMWD Western Municipal Water District
WQMP - Water Quality Management Plan

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Moreno Valley Business Center Page 28 City of Moreno Valley EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a Lead Agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved ( e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as g eneral standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on- site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3) Once the Lead Agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) Less Than Significant with Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The Lead Agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced).
5) Earlier analyses may be used w here, pursuant to the tiering, program EIR, or an other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.
7) Supporting Information Sources. A source list should be attached, and other sources used, or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected.
9) The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance.

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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
I. AESTHETICS – Except as provided in Public Resources Code § 21099 – Modernization of Transportation Analysis for Transit-Oriented Infill Projects – Would the project:
a) Have a substantial adverse effect on a scenic
vista?
Response: Scenic resources within the City of Moreno Valley are identified as Box Springs Mountains, the Foothills, the Badlands, and Mount Russell and its foothills. According to General Plan Map ORSC- 3, Scenic Resources and Ridgelines , the Project site is not located within or adjacent to a designated scenic resource or within a view corridor for any of the designated scenic resources in the City (Moreno Valley, 2021a, Map ORSC-3).

Due to intervening development and their distance and orientation in relation to the Project site, prominent, distinct views of the Badlands (and beyond, San Gorgonio Mountain) and Mount Russell are not available from public viewing areas abutting the Project site under existing conditions (Google Earth Pro, 2020). Scenic resources visible (at least partially) from public viewpoints adjacent to the Project site include the Box Springs Mountains (approximately 2.2 miles to the north and partially visible from Alessandro Boulevard) and the Foothills (approximately 4.1 miles to the northeast and partially visible from Day Street). Under existing conditions, views of the Box Springs Mountains to the north are mostly obscured from Alessandro Boulevard due to intervening development , on- and off-site plant materials (i.e., trees), topography, and atmospheric haze that is common in the Inland Empire throughout the year (Google Earth Pro, 2020). Under existing conditions, views of the Foothills to the northeast are largely obstructed from Day Street by existing development, on- and off-site plant materials (i.e., trees) , and atmospheric haze (ibid.).

The Project would result in the construction of an approximately 44- foot-tall warehouse – with a solid screen wall surrounding the building’s truck court – and install new landscaping on the Project site. With these improvements, views of the Box Springs Mountains would continue to be mostly obscured from Alessandro Boulevard – although not substantially more than views are obscured under existing conditions. Similarly, implementation of the Project would not substantially alter existing views of the Foothills from Day Street because views of the Foothills from Day Street are mostly obscured by existing on-site landscaping and off -site development under existing conditions and the proposed warehouse building and other vertical site improvements (landscaping, screen walls, etc.) would not be so tall as to block views of the Foothills to a more substantial degree than already occurs.

Based on the foregoing analysis, the Project would not have a substantial adverse effect on a scenic vista or scenic resources in the Project vicinity. Impacts would be less than significant.

b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a state
scenic highway?

Response: The Project site is not located within or adjacent to a scenic highway corridor and there are no State-designated or eligible scenic highways within the vicinity of the Project site (Caltrans, 2019) .

Additionally, the City of Moreno General Plan does not identify any scenic route within proximity to the Project site (Moreno Valley, 2021a, Map ORSC -3) (Moreno Valley, 2021b, Figure 7- 2). The nearest State-designated scenic highway to the Project site is a segment of State Route 74 (SR-74) located approximately 9.8 miles southeast of the Project site; the Project site would not be visible from this SR - 74 segment due to distance and intervening development/topography (Caltrans, 2019; Google Earth Pro, 2020). It should be noted, also, that an area of Interstate 15 (I-15) near the above-named segment of SR-74 is eligible for consideration as a State scenic highway; however, the Project site would not be visible from this p ortion of I -15 due to distance and intervening development/topography (ibid.).

Accordingly, the Project site is not located within a State scenic highway corridor and implementation of the proposed Project would not have a substantial effect on scenic resources within a State scenic highway corridor. Thus, no impact to a State scenic highway would occur from implementation of the Project.

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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
c) In non -urbanized areas, substantially degrade
the existing visual character or quality of public
views of the site and its surroundings? (Public
views are those that are experienced from
publicly accessible vantage point). If the project
is in an urbanized area, would the project
conflict with applicable zoning and other
regulations governing scenic quality?

Response: The Project site is located within an urbanized area, as defined by U.S. Census Bureau, and determined as part of the 2010 Census (U.S. Census Bureau, 2012). Thus, pursuant to this threshold, a potentially significant impact to visual character only would occur if the Project were to conflict with applicable zoning and/or other City of Moreno Valley regulations governing scenic quality.

Implementation of the proposed Project would result in the visual conversion of the site from vacant, undeveloped land to an industrial building with associated improvements including parking lots, drive aisles, utility infrastructure, landscaping, exterior lighting, and signage. The Project would be compatible with the size, scale, and aesthetic/decorative architectural and landscaping features of the existing light industrial/warehouse buildings constructed on the south side of Alessandro Boulevard to the south and southeast of the Project site. Furthermore, the Project Applicant would be required to comply with the applicable development standards and design guidelines contained in the Moreno Valley Zoning Ordinance, which regulate the visual quality of new development and ensure that new development does not detract from any scenic attributes/qualities in the surrounding area. Because the Project site is located in an urbanized area and because the Project would not conflict with applicable regulations governing scenic quality, a less-than-significant impact would occur from implementation of the Project.

d) Create a new source of substantial light or glare
which would adversely affect day or nighttime
views in the area?

Response: Under existing conditions, the Project site contains no sources of artificial lighting; however, street lights are present along the Project site’s frontage with Sherman Avenue, Day Street, and Alessandro Boulevard. The Project Applicant proposes to develop the site with one industrial warehouse building and would introduce new lighting elements on-site to illuminate the parking areas, truck docking areas, and building entrances.

The Project Applicant would be required to comply with lighting requirements as set forth in the City of Moreno Valley Municipal Code Sections 9.10.110 and 9.16.280. The Municipal Code lighting standards govern the placement and design of outdoor lighting fixtures to ensure adequate lighting for public safety while also minimizing light pollution and glare and precluding public nuisances (e.g., blinking/flashing lights, unusually high intensity, or needlessly bright lighting). The City would confirm compliance with applicable lighting requirements during future review of building permit applications/plans. Mandatory compliance with the Municipal Code would ensure that the Project would not introduce any permanent design features that would adversely affect day or nighttime views in the area. This impact would be less than significant.

With respect to glare, a majority of Project building materials would consist of concrete panels, which are non-reflective. While window glazing has a potential to result in minor glare effects, such effects would not adversely affect daytime views of surrounding properties, including motorists along adjacent
roadways, because the glass proposed for the Project would be low-reflective. In addition, the proposed building would be set back from adjacent roadways at a minimum distance of approximately 35 feet, and proposed landscaping would provide a buffer between all proposed glass surfaces and the public right of way. Thus, glare impacts from proposed building elements would be less than significant.

Sources:

1. Moreno Valley General Plan 2040
• Chapter 10 – Open Space and Resource Conservation
- Map OSRC-3 –Scenic Resources and Ridgelines
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact

2. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code • Section 9.10.110 – Performance Standards, Light and Glare • Chapter 9.16 – Design Guidelines

3. Google Earth Pro, https://earth.google.com/web/

4. California Department of Transportation (Caltrans) Scenic Highway Program, https://dot.ca.gov/- /media/dot-media/programs/design/documents/desig-and-eligible-aug2019_a11y.xlsx

5. U.S. Census Bureau Urbanized Area Reference Maps,
https://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/ua75340_riverside-- san_bernardino_ca/DC10UA75340.pdf

II. AGRICULTURE AND FOREST RESOURCES – In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest protocols adopted by the California Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to non-
agricultural use?

Response: The Project site is not utilized for agricultural purposes under existing conditions. According to mapping information available from the California Department of Conservation’s (CDC) Farmland Mapping and Monitoring Program (FMMP), the entire Project site contains “Urban and Built -up Land” (CDC, 2016). Accordingly, the Project site does not contain any lands mapped by the FMMP as “Prime Farmland,” “Unique Farmland,” or “Farmland of Statewide Importance” and, thus, implementation of the Project would not convert such Farmland to a non-agricultural use. No impact would occur.

b) Conflict with existing zoning for agricultural use,
or a Williamson Act contract?
Response: The Project site is not zoned for an agricultural use under existing conditions ; therefore, implementation of the Project would not conflict with existing zoning for agricultural use. Additionally, as disclosed in the City of Moreno Valley General Plan F inal EIR, no land within the City – inclusive of the Project site – is under a Williamson Act Contract (Moreno Valley, 2021b, Figure 4.2- 1). Based on the foregoing analysis, implementation of the Project would not conflict w ith existing zoning for agricultural use or a Williamson Act contract. No impact would occur.

c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)), timberland
(as defined by Public Resources Code section
4526), or timberland zoned Timberland
Production (as defined by Government Code
section 51104(g))?

Response: The Project site is not zoned as fo rest land, timberland, or Timberland Production, nor is it surrounded by forest land, timberland, or Timberland Production land. According to the City of Moreno Valley Zoning Map, there are no lands located within the City that are zoned for forest land, timberland, or timberland zoned Timberland Production. Therefore, the Project has no potential to conflict with any areas currently zoned as forest, timberland, or Timberland Production and would not result in the rezoning of any such lands. As such, no impact would occur.

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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
d) Result in the loss of forest land or conversion of
forest land to non-forest use?
Response: The Project site does not contain a forest and is not designated as forest land; therefore, the Project would not result in the loss of forest land or the conversion of forest land to non -forest use. As such, no impact would occur.

e) Involve other changes in the existing
environment which, due to their location or
nature, could result in the conversion of
Farmland, to non-agricultural use or conversion
of forest land to non-forest use?

Response: “Farmland” is defined in Section II (a) of Appendix G of the State CEQA Guidelines as “Prime Farmland,” “Unique Farmland” or “Farmland of Statewide Importance” (“Farmland”). As disclosed above under Response II(a), the Project would not result in the conversion of Farmland to non-agricultural use.

As discussed under Responses II(c) and II(d), the Project would not convert forest land to non- forest use. No impact would occur.

Sources:

1. Final Environmental Impact Report City of Moreno Valley General Plan 2040 • Section 4.2 – Agriculture and Forestry Resources

2. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code

3. Moreno Valley Zoning Map, https://www.moval.org/city_hall/general-plan2040/NewZoning.pdf

4. California Department of Conservation – California Important Farmland Finder , https://maps.conservation.ca.gov/DLRP/CIFF/

III. AIR QUALITY – Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
Response: The Project site is located within the South Coast Air Basin (SCAB or “Basin”). The SCAB encompasses approximately 6,745 square miles and includes Orange County and the non- desert portions of Los Angeles, Riverside, and San Bernardino counties. The SCAB is bound by the Pacific Ocean to the west; the San Gabriel, San Bernardino, and San Jacinto Mountains to the north and east, respectively; and the San Diego County line to the south. In these areas, the South Coast Air Quality Management District (SCAQMD) is principally responsible for air pollution control, and works directly with the Southern California Association of Governments (SCAG), county transportation commissions, local governments, as well as State and federal agencies to reduce emissions from stationary, mobile, and indirect sources to meet State and federal ambient air quality standards.

Historically and presently, State and federal air quality standards are exceeded in most parts of the SCAB. In response, the SCAQMD has adopted a series of Air Quality Management Plans (AQMPs) to meet the State and federal ambient air quality standards. AQMPs are updated regularly in order to more effectively reduce emissions, accommodate growth, and to minimize any negative fiscal impacts of air pollution control on the economy. The current AQMP, the 2016 AQMP, was adopted by SCAQMD in March 2017. Criteria for determining consistency with the AQMP are defined in Chapter 12 of the SCAQMD’s CEQA Air Quality Handbook (1993). The Project’s consistency with the se criteria is
discussed below.

Consistency Criterion No. 1: The Project will not result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations, or delay the timely attainment of air quality standards or the interim emissions reductions specified in the AQMP.

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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Consistency Criterion No. 1 relates to violations of the California Ambient Air Quality Standards (CAAQS) and National Ambient Air Quality Standards (NAAQS). As evaluated under Response III(c), below, the Project would not exceed the applicable SCAQMD localized emissions threshold for any criteria pollutant; thus, the Project’s short-term construction activities would not increase the frequency or severity of existing NAAQS and/or CAAQS violations in the SCAB, cause or contribute to new violations, and/or delay the timely attainment of air quality standards or the interim emissions reductions specified in the AQMP. Likewise, the Project’s operational emissions would not exceed SCAQMD localized emissions thresholds (refer to Response III(c), below); thus, long-term operation of the Project would not increase the frequency or severity of existing NAAQS and/or CAAQS violations in the SCAB, cause or contribute to new violations, and/or delay the timely attainment of air quality standards or the interim emissions reductions specified in the AQMP.

Consistency Criterion No. 2: The Project will not exceed the assumptions in the AQMP based on the years of Project build-out phase.

The growth forecasts used in the AQMP to project future emissions levels are based in part on land use data provided by lead agency general plan docume ntation. Projects that propose to increase the intensity of use on a subject property may result in increased stationary area source emissions and/or vehicle source emissions when compared to the AQMP assumptions. If a project does not exceed the growth projections in the applicable local general plan, then the project is considered to be consistent with the growth assumptions in the AQMP. The prevailing planning documents for the Project site is the City of Moreno Valley General Plan. At the time the AQMP was prepared, t he City of Moreno Valley General Plan Land Use Map designated the Project site for “Residential: Max 30 du/ac” land use.

Although the proposed Project is consistent with the City’s current general plan (General Plan 2040), the Project would result in a land use and development intensity that was not anticipated by the General Plan, and, by extension, the growth models that were used in the AQMP. Although the Project would not be consistent with the land use assumptions used in the AQMP, Project operation would not exceed applicable SCAQMD regional or localized air quality significance thresholds (refer to Responses III(b) and (c) below). Construction emissions are largely independent of land use assumptions but rather a function of the maximum area of disturbance on a development site. The entire Project site likely would be disturbed were it to be developed under the growth projections used in the AQMP; therefore, the Project’s construction-related air quality effects are not considered to exceed the assumptions in the AQMP. Based on the foregoing, the Project’s inconsistency with Consistency Criterion No. 2 would not result in a substantial adverse environmental impact.

In summary, implementation of the proposed Project would not result in a significant adverse effect on the environment due to an inconsistency with AQMP. Impacts would be less than significant.

b) 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?

Response: The proposed Project has the potential to generate substantial pollutant concentrations during both construction activities and long- term operation. An Air Quality Impact Analysis (Urban Crossroads, 2021a), Mobile Source Health Risk Assessment (Urban Crossroads, 2021b), Supplemental Air Quality Analysis (Urban Crossroads, 2022a) , and Construction Health Risk Assessment (Urban Crossroads, 2022b) were prepared for the Project by Urban Crossroads, Inc. to evaluate potential criteria and hazardous air pollutant emissions that could result from the Project’s construction and operation.

These reports are included as Technical Appendices A1 through A4 to this IS/MND and their findings are incorporated into the analysis presented herein.

The following analysis is based on the applicable significance thresholds established by the SCAQMD for regional criteria pollutant emissions (as summarized in Table 3 -1 of Technical Appendix A1). This analysis assumes th
at the Project would comply with applicable, mandatory regional air quality standards, including: SCAQMD Rule 403, “Fugitive Dust;” SCAQMD Rule 431.2, “Sulfur Content of Liquid F.1.4
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Fuels;” SCAQMD Rule 1113, “Architectural Coatings;” SCAQMD Rule 1186, “PM 10 Emissions from Paved and Unpaved Roads, and Livestock Operations;” SCAQMD Rule 1186.1, “Less -Polluting Street Sweepers,” and Title 13, Chapter 10, Section 2485, Division 3 of the California Code of Regulations “Airborne Toxic Control Measure.”

For a detailed description of the health effects of air pollutants refer to Section 2.4 of the Project’s Air Quality Impact Analysis ( Technical Appendix A1). In general, air pollutants have adverse effects to human health including, but not limited to, respiratory illness and carcinogenic effects; however, based on available modeling it is not feasible to correlate regional criteria pollutant emissions from development projects of the scale of the proposed Project to adverse health effects on a SCAB -wide level (Urban Crossroads, 2021a, pp. 59-60). The potential for the Project to result in substantial adverse health effects from toxic air contaminant emissions is addressed under Response III(c), below.

Impact Analysis for Construction Emissions
For purposes of the construction emissions analysis, construction was conservatively expected to occur between July 2021 and July 2022. The California Emissions Estimator Model (CalEEMod) accounts for the implementation and enforceme nt of California’s progressively more restrictive regulatory requirements for construction equipment and the ongoing replacement of older construction fleet equipment with newer, less -polluting equipment. Thus, according to the CalEEMod, construction activities that occur in the near future are expected to generate more air pollutant emissions than the same activities that may occur farther into the future. Accordingly, although the Project’s construction would occur at a later date than assumed as part of the air quality analysis, Project-related construction emissions are not expected to exceed the values presented below (Urban Crossroads, 2021a, p. 38).

The calculated maximum daily emissions associated with Project construction are presented in Table 3, Summary of Construction- Related Emissions . The Project’s construction characteristics and construction equipment fleet assumptions used in the analysis were previously described above in the Project Description (see Tables 1 and 2).

Table 3: Summary of Construction-Related Emissions
Year Emissions (lbs/day)
VOC NOX CO SOX PM10 PM2.5
Summer
2021 1.34 15.20 31.13 0.06 10.67 4.38
2022 36.10 16.02 29.56 0.06 2.51 0.78
Winter
2021 1.29 15.31 30.98 0.06 10.67 4.38
2022 36.05 16.17 28.45 0.06 2.51 0.78
Maximum Daily Emissions 36.10 16.17 31.13 0.06 10.67 4.38 SCAQMD Regional Threshold 75 100 550 150 150 55
Threshold Exceeded? NO NO NO NO NO NO
Source: (Urban Crossroads, 2022a, Table 1)

As shown in Table 3, the Project’s daily construction emissions of volatile organic compounds (VOCs), nitrogen oxides (NO
X) carbon monoxide (CO), sulfur oxides (SO X), and particulate matter (PM 10 and PM2.5) would not exceed SCAQMD regional criteria thresholds and, thus, would be less than significant.

The SCAQMD considers any project -specific criteria pollutant emissions that exceed applicable SCAQMD significance thresholds also to be cumulatively considerable. To put it another way, if a project does not exceed the SCAQMD regional thresholds, then SCAQMD considers that project’s air pollutant emissions to not be cumulatively -considerable. Thus, because Project construction would not exceed the SCAQMD regional criteria significance thresholds, implementation of the Project would not result in a cumulatively considerable net increase of any criteria pollutant, including any pollutants for which the SCAB does not attain applicable federal or State ambient air quality standards during construction.

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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Impact Analysis for Operational Emissions
Operational activities associated with the Project are expected to generate air pollutant emissions from the operation of motor vehicles (including trucks), landscape maintenance activities, application of architectural coatings, and the use of electricity and natural gas. Long term operational emissions associated with the Project are presented in Table 4, Summary of Peak Operational Emissions.

Table 4: Summary of Peak Operational Emissions
Source Emissions (lbs/day)
VOC NOX CO SOX PM10 PM2.5
Summer
Area Source 3.76 3.30E-04 0.04 0.00 1.30E-04 1.30E-04
Energy Source 0.07 0.64 0.54 3.83E-03 0.05 0.05
Mobile Source (Passenger Cars) 0.46 0.54 8.60 0.03 2.74 0.73 Mobile Source (Trucks) 0.49 18.02 4.14 0.09 3.60 1.18
TRUs 0.21 1.83 2.37 3.76E-04 0.04 0.04
On-Site Equipment Source 0.12 1.27 0.76 3.17E-03 0.04 0.04 Total Maximum Daily Emissions 5.12 22.30 16.44 0.12 6.47 2.04 SCAQMD Regional Threshold 55 55 550 150 150 55
Threshold Exceeded? NO NO NO NO NO NO
Winter
Area Source 3.76 3.30E-04 0.04 0.00 1.30E-04 1.30E-04
Energy Source 0.07 0.64 0.54 3.83E-03 0.05 0.05
Mobile Source (Passenger Cars) 0.38 0.56 6.97 0.02 2.74 0.73 Mobile Source (Trucks) 0.48 18.97 4.16 0.09 3.60 1.18
TRUs 0.21 1.83 2.37 3.76E-04 0.04 0.04
On-Site Equipment Source 0.12 1.27 0.76 3.17E-03 0.04 0.04 Total Maximum Daily Emissions 5.02 23.27 14.83 0.12 6.47 2.04 SCAQMD Regional Threshold 55 55 550 150 150 55
Threshold Exceeded? NO NO NO NO NO NO
Source: (Urban Crossroads, 2022a, Table 2)
As summarized in Table 4, Project operational emissions of VOCs, NOX, CO, SOX, PM10 and PM2.5 would not exceed SCAQMD regional criteria thresholds. Accordingly, the Project would not emit substantial concentrations of these pollutants during long‐term operation and would not contribute to an existing or projected air quality violation. The Project’s long ‐term emissions of VOCs, NO X, CO, SO X, PM10 and PM2.5 would be less than significant.

c) Expose sensitive receptors to substantial
pollutant concentrations?
Response: The following analysis addresses the Project’s potential to expose sensitive receptors in the immediate vicinity of the Project site to substantial pollutant concentrations during Project construction and long -term operation. The following analysis is based on the applicable significance thresholds established by the SCAQMD (as summarized in Table 3-11 of Appendix A1).

Impact Analysis for Construction Localized Emissions
As summarized in Table 5, Summary of Construction Localized Emissions, localized emissions of NOX, CO, and particulate matter ( PM10 and PM2.5) would not exceed applicable SCAQMD thresholds during peak Project construction activities. Accordingly, Project construction would not expose any sensitive receptors to substantial localized pollutant concentrations and impacts would be less than significant.

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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Table 5: Summary of Construction Localized Emissions
On-Site Emissions Emissions (lbs/day)
NOX CO PM10 PM2.5
Site Preparation
Maximum Daily Emissions 15.04 30.31 10.45 4.32
SCAQMD Localized Threshold 270 1,577 13 8
Threshold Exceeded? NO NO NO NO
Grading
Maximum Daily Emissions 12.49 24.51 5.73 1.72
SCAQMD Localized Threshold 270 1,577 13 8
Threshold Exceeded? NO NO NO NO
Source: (Urban Crossroads, 2022a, Table 3)

Impact Analysis for Operational Localized Emissions
The Project’s operational localized emissions are presented in Table 6 , Summary of Operational Localized Emissions. As shown, the Project’s peak operational emissions would not exceed the localized thresholds established by the SCAQMD. Accordingly, long-term operation of the Project would not result in the exposure of any sensitive receptors to substantial pollutant concentrations. Impacts would be less than significant.

Table 6: Summary of Operational Localized Emissions
On-Site Emissions Emissions (lbs/day)
NOX CO PM10 PM2.5
Maximum Daily Emissions 3.51 3.62 0.41 0.19
SCAQMD Localized Threshold 270 1,577 4 2
Threshold Exceeded? NO NO NO NO
Source: (Urban Crossroads, 2022a, Table 4)

Impact Analysis for CO “Hot Spots”
Localized areas where ambient CO concentrations exceed the CAAQS and/or NAAQS are termed CO “hot spots.” Emissions of CO are produced in greatest quantities from motor vehicle combustion and are usually concentrated at or near ground level because they do not readily disperse into the atmosphere, particularly under cool, stable (i.e., low or no wind) atmospheric conditions. Consequently, the highest CO concentrations are generally found within close proximity to congested intersection locations.

For purposes of providing a conservative, worst‐case impact analysis, the Project’s potential to cause or contribute to CO hotspots was evaluated by comparing study area intersections that would receive Project traffic (both intersection geometry and traffic volumes) with prior studies conducted by the SCAQMD in support of their AQMPs. In the 2003 AQMP, the SCAQMD evaluated CO concentrations at four (4) busy intersections in the City of Los Angeles that were determined to be the most congested intersections in the SCAB. Each of the evaluated intersections were primary thoroughfares, some of which were located near major freeway on/off ramps, and experienced traffic volumes of app roximately 100,000 vehicles per day. The SCAQMD’s analysis at these busy intersections did not identify any CO hotspots. Based on an analysis of the intersections in the Project’s study area, Urban Crossroads determined that none of the intersections in the Project’s study area would be subject to the extreme traffic volumes and vehicle congestion of the intersections modeled by the SCAQMD in the 2003 AQMP (Urban Crossroads, 2021a, pp. 54-56). Therefore, Project-related vehicular emissions would not create a CO hot spot and would not substantially contribute to an existing or projected CO hot spot. Impacts would be less than significant.

F.1.4
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Impact Analysis for Diesel Particulate Emissions
This section evaluates the potential health risk impacts to sensitive receptors and adjacent workers associated with the development of the proposed Project, more specifically, health risk impacts as a result of exposure to Toxic Air Contaminants (TACs) including diesel particulate matter (DPM) as a result of heavy-duty diesel trucks accessing the Project Site. Detailed air dispersion model outputs and risk calculations are presented in Appendices 2.1 and 2.2, respectively, of Technical Appendix A2 and in Technical Appendix A4.

Project Construction Analysis
The land use with the greatest potential exposure to Project construction DPM source emissions (i.e., maximally exposed individual receptor, MEIR) is located approximately 30 feet east of the Project site at an existing residence located at 13937 Pepper Street. At the MEIR, the maximum incremental cancer risk attributable to Project construction DPM source emissions is estimated at 1.79 in one million, which is less than the SCAQMD’s significance threshold of 10 in one million. At this same location, non-cancer risks were estimated to be <0.01, which would not exceed the applicable threshold of 1.0. (Urban Crossroads, 2022b, p. 7) All other receptors, including worker and school child receptors, in the vicinity of the Project site would experience less risk than what is identified for the MEIR (ibid.). As such, Project construction activities would not result in significant human health or cancer risks.

Project Operation Analysis
At the maximally exposed individual receptor (MEIR) – the existing residential home located at 13909 Day Street approximately 102 feet west of the Project site – the maximum cancer risk attributable to the Project’s DPM emissions is calculated to be 4.13 in one million (Urban Crossroads, 2021b, p. i). The cancer risk attributable to the Project at the MEIR would not exceed the SCAQMD cancer risk threshold of 10 in one million. At this same receptor location, the non- cancer health risk index attributable to the Project would be 0.002, which would not exceed the SCAQMD non-cancer health risk index of 1.0 (ibid.).

Accordingly, long- term operations at the Project site would not directly cause or contribute in a cumulatively-considerable manner to the exposure of residential receptors to substantial DPM emissions.

Therefore, implementation of the Project would result in a less-than-significant impact.

At the maximally exposed individual worker (MEIW) – located approximately 176 feet south of the Project site – the maximum cancer risk attributable to the Project’s DPM emissions is calculated to be 0. 34 in one million (Urban Crossroads, 2021b, p. i). The cancer risk attributable to the Project at the MEIW would not exceed the SCAQMD cancer risk threshold of 10 in one million. At this same receptor location, the non-cancer health risk index attributable to the proposed Project would be 0.001, which would not exceed the SCAQMD non-cancer health risk index of 1.0 (ibid.). Therefore, the Project would result in a less-than-significant impact.

There are no schools located within a ¼ mile of the Project site or the Project’s primary truck route to I- 215, which is the location with the highest concentration of Project-related DPM emissions. Proximity to sources of toxics is critical to determining the impact. Based on California Air Resources Board and SCAQMD emissions and modeling analyses, particulate matter pollutant concentrations drop by 7 0 percent at approximately 500 feet from the emissions source and by 80 percent at approximately 1,000 feet from the emissions source (Urban Crossroads, 2021b, p. i). Because there are no schools located within at least 1,320 feet of the Project site, implementation of would not expose any school child receptors to substantial concentrations of diesel particulate matter emissions. Project-related truck traffic would travel off -site along public streets (traffic to/from I -215 is expected to travel along Alessandro Boulevard and Day Street). There are no schools located within ¼ mile of Alessandro Boulev ard and Day Street between the Project site and I-215; therefore, the Project-related traffic traveling to/from I-215 would not expose school children receptors to substantial DPM concentrations. Based on the foregoing analysis, implementation of the Project would not expose school child receptors to substantial DPM concentrations. This impact is less than significant.

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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
d) Result in other emissions (such as those leading
to odors adversely affecting a substantial
number of people?

Response: The Project could produce odors during proposed construction activities resulting from construction equipment exhaust, application of asphalt, and/or the application of architectural coatings; however, standard construction practices would minimize the odo r emissions and their associated impacts. Furthermore, any odors emitted during construction would be temporary, short -term, and intermittent in nature, and would cease upon the completion of the respective phase of construction. In addition, construction activities on the Project site would be required to comply with SCAQMD Rule 402, which prohibits the discharge of odorous emissions that would create a public nuisance (Urban Crossroads, 2021a, p. 61). Accordingly, the proposed Project would not create objectionable odors affecting a substantial number of people during construction, and short-term impacts would be less than significant.

During long- term operation, the Project would include a warehouse l and use, which is not typically associated with objectionable odors. The temporary storage of refuse associated with the proposed Project’s long-term operational use could be a potential source of odor; however, Project -generated refuse is required to be stored in covered containers and removed at regular intervals in compliance with the City’s solid waste regulations, thereby precluding any significant odor impact. Furthermore, the proposed Project would be required to comply with SCAQMD Rule 402, which prohibits the discharge of odorous emissions that would create a public nuisance, during long-term operation (Urban Crossroads, 2021b, p. 61) . As such, long- term operation of the proposed Project would not create objecti onable odors affecting a substantial number of people.

Sources:

1. Urban Crossroads, 2021 a, Moreno Valley Business Center Air Quality Impact Analysis, Technical Appendix A1

2. Urban Crossroads, 202 1b, Moreno Valley Business Center Mobile Source Health Risk Assessment, Technical Appendix A2

3. Urban Crossroads, 2022a, Supplemental Air Quality Analysis, Technical Appendix A3

4. Urban Crossroads, 2022b, Construction Health Risk Assessment, Technical Appendix A4

5. South Coast Air Quality Management District – National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS) Attainment Status for South Coast Air Basin, http://www.aqmd.gov/docs/default-source/clean-air-plans/air-quality-management- plans/naaqs-caaqs-feb2016.pdf

IV. BIOLOGICAL RESOURCES – Would the project:
a) 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?

Response: A General Biological Assessment was prepared for the Project by Alden Environmental, Inc. (hereinafter, “Alden”), which addresses potential impacts to candidate, sensitive, or special status species due to implementation of the Project and is included as Technical Appendix B to this IS/MND (Alden, 2020) . The analysis presented below is based on the findings of the General Biological Assessment report. The Project’s off-site improvement area (i.e., the areas where proposed public water pump and public storm drain improvements would be constructed) is entirely developed and devoid of vegetation and natural habitat features. Accordingly, the analysis below addresses the potential for proposed development activities on the Project site to affect biological resources.

F.1.4
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Special-Status Plants Species
Alden biologists surveyed the Project site and determined the site to be entirely devoid of native plant communities (Alden, 2020, p. 4). The Project site was determined to contain approximately 6.9 acres of non-native grassland and 1.2 acres of disturbed habitat (ibid.). No special -status plant species were observed on the Project site (Alden, 2020, p. 5). The Project site is not located within a Narrow Endemic Plant Special Survey Area ( NEPSSA) or Criteria Area Plant Special Survey Area (CAPSSA) for the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP) and, thus, is not considered to be in an area with a high likelihood of supporting populations of sensitive native plant species (Alden, 2020, p. 6). No sensitive plant species records were returned in the California Natural Diversity Database (CNDDB) and United States Fish and Wildlife Service (USFWS ) species database queries for the site and its vicinity and the soils on the site do not have the potential to support the listed and sensitive plant species on site known to occur in the Project region (ibid). Accordingly, development of the Project would result in no impact to special-status plant species.

Special-Status Wildlife Species
No special status wildlife species were observed on the Project site (Alden, 2020, p. 5) . Three (3) wildlife species on the California Department of Fish and Wildlife (CDFW) “Watch List” were observed during field surveys: Cooper’s hawk ( Accipiter cooperii ), California gull ( Larus californicus ), and California horned lark (Eremophila alpestris actia) (ibid.). Cooper’s hawk and California gull were observed flying overhead the Project site and the California horned lark was observed foraging on-site (ibid.). The CDFW Watch List corresponds with species that were listed as “Species of Special Concern” at one time but their prevalence no longer warrants such a designation. The CDFW Watch List is not considered to be a special-status list. Therefore, implementation of the Project would not result in a substantial adverse impact to any special-status wildlife species known to use the Project site.

The Project site supports suitable foraging habitat for the burrowing owl ; however, the site does not contain any burrows suitable for burrowing owl nesting (Alden, 2020, p. 6). No burrowing owl individuals or their indirect sign (e.g., pellets, feathers) were observed on the Project site (ibid.). Accordingly, implementation of the Project would not result in a substantial adverse impact to the burrowing owl.

Notwithstanding the analysis above, imp lementation of Project would result in removal of vegetation across the Project site that has the potential to support nesting and/or migratory birds that are granted special status by federal and State regulations. The Project’s potential to impact nesting birds and migratory birds is a significant direct impact for which mitigation is required, as discussed below.

MM BR-1 would reduce potential impacts to nesting/migratory birds to less -than-significant levels by ensuring that pre- construction surveys are conducted to determine the presence or absence on the Project site of protected nesting bird species prior to the commencement of construction activities. If the protected nesting bird species are present, the mitigation measures provide performance criteria that require avoidance and/or relocation of the species in accordance with accepted protocols.

Based on the foregoing analysis, the proposed Project would result in less -than-significant impacts to candidate, sensitive, or special status species with the implementation of mitigation.

Mitigation
MM BR-1 V egetation 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 F.1.4
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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 species-appropriate (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.

b) 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. Fish and Wildlife
Service?

Response: The Project site contains two (2) concrete storm drain outlets at the far north end of the site along Sherman Avenue. The areas below the drains do not exhibit any signs of flow nor contain riparian vegetation, and are isolated and non-functional in their current state (Alden, 2020, pp. 5-6). Non-native grasses, including puncture vine (Tribulus terrestris ), cheeseweed ( Malva parviflora ), and lamb’s quarters ( Chenopodium album) are growing around the outlets indicating the presence of some soil moisture; however, none of these plant species are associated with riparian/riverine or vernal pool habitat (ibid.). No other habitat on the Project site is classified as a riparian habitat or as a sensitive natural community in local or regional plans, policies, or regulations, or by the California Department Fish and Wildlife (CDFW) or the U.S. Fish and Wildlife Service (USFWS) (ibid.). Accordingly, implementation of the Project would not impact riparian habitat or other sensitive natural community.

c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?

Response: The Project site does not contain any wetlands (Alden, 2020, p. 5) . Therefore, implementation of the Project would not result in any adverse effect on State or federally protected wetlands.

d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife
species or with an established native resident or
migratory wildlife corridors, or impede the use of
native wildlife nursery sites?

Response: Wildlife movement corridors link together areas of suitable habitat that are otherwise separated by rugged terrain, changes in vegetation, or human disturbances. The Project site was evaluated for its function as a wildlife corridor that species would use to move between wildlife habitat zones as part of the MSHCP Compliance Analysis. Generally, mountain canyons and/or riparian corridors are used by wildlife as corridors; the Project site do es not contain either of these features.

Furthermore, the Project site is substantially surrounded by human activity in the form of industrial and residential land uses and roadways. Lastly, the Project site is not identified for conservation or F.1.4
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
designated as a wildlife movement corridor as part of the MSHCP and the Project would be consistent with the MSHCP and, thus, would not interfere with or affect any MSHCP-designated wildlife movement corridor (Alden, 2020, p. 6). Therefore, no impact to a wildlife corridor would occur from implementation of the Project.

Wildlife nurseries are sites where wildlife concentrate for hatching and/or raising young, such as rookeries, spawning areas, and bat colonies. Although no nesting birds or remnant nests were observed on the Project site by Alden, implementation of the Project could potentially result in significant impacts to biological resources (i.e., avian species and their nests) that are protected by State and federal regulations, if active nests are present within or adjacent to the site during construction. Implementation of MM BR-1 would reduce potential impacts to nesting birds to less -than-significant levels by ensuring that pre-construction surveys are conducted to determine the presence or absence of nesting birds on or adjacent to the Project site prior to the commencement of construction activities. If active nests are discovered, this mitigation measure establishes performance criteria that requires avoidance of the nests until it can be determined the nest is no longer active or that the juveniles from the occupied nests are capable of surviving independently of the nest.

e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?

Response: Implementation of the Project would result in the removal of trees on the Project site. The removal of trees is regulated by City of Moreno Valley Municipal Code Chapter 9.17.030, which requires development projects to conduct a tree survey prior to construction and, if any mature significant trees are to be removed, to replace each removed tree at defined ratios (as specified in Municipal Code Chapter 9.17.030). Prior to removal of any trees from the Project survey area, the Project Applicant would be re
quired to comply with the provisions of Chapter 9.17.030 of the City of Moreno Valley Municipal Code. Mandatory compliance with the requirements of the Municipal Code would ensure the Project would not conflict with the City of Moreno Valley’s ordinance regulating tree removal.

In addition, the City of Moreno Valley Municipal Code contains provisions for the protection of the Stephens’ Kangaroo Rat (refer to Title 8, Chapter 8.60 of the Municipal Code). The Project site does not provide suitable habitat for the Stephens’ Kangaroo Rat and the species was not observed during biological surveys of the Project site (Alden, 2020, p. 5). 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 is required by the Municipal Code to contribute a local development impact and mitigation fee, which requires a fee payment to assist the City in implementing the habitat conser vation plan for the Stephens’ Kangaroo Rat. With mandatory compliance with standard regulatory requirements (i.e., development impact and mitigation fee payment), the proposed Project would not conflict with any City policies or ordinances related to the protection of the Stephens’ Kangaroo Rat. (The Project’s consistency with applicable provisions of the Stephens’ Kangaroo Rat Habitat Conservation Plan (HCP) are addressed in Response IV(f).)

The City of Moreno Valley Municipal Code also contains provisions for the collection of mitigation fees to further the implementation of the Western Riverside County MSHCP (refer to Title 3, Chapter 3.48 of the Municipal Code). The Project Applicant is required by the Municipal Code to contribute a local mitigation fee, which requires a fee payment to assist the City in implementing the Western Riverside County MSHCP reserve system (including the acquisition, management, and long-term maintenance of sensitive habitat areas). With mandatory compliance with standard r egulatory requirements (i.e.,
mitigation fee payment), the proposed Project would not conflict with any City policies or ordinances related to the mitigation fee program associated with Western Riverside County MSHCP. (The Project’s consistency with applicable provisions of the MSHCP are addressed in Response IV(f).)

The City of Moreno Valley does not have any additional policies or ordinances in place to protect biological resources that are applicable to the Project. Mandatory compliance with the above referenced Moreno Valley Municipal Code Chapters would ensure that implementation of the Project would result in a less-than-significant impact associated with local policies and ordinances.

F.1.4
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural Community
Conservation Plan, or another approved local ,
regional, or state habitat conservation plan?

Response: The Project site is subject to the provisions of the Western Riverside County MSHCP ; however, the Project site is not located in a criteria cell or area plan subunit. The following analysis evaluates the Project’s compliance with the Western Riverside County MSHCP requirements pursuant to the following sections of the MSHCP that are applicable to the Project site: Section 6.1.2, Protection of Species Associated with Riparian/Riverine areas and Vernal Pools; Section 6.1.3, Protection of Narrow Endemic Plant Species; Section 6.1.4, Guidelines Pertaining to the Urban/Wildland Interface ; and Section 6.3.2, Additional Survey Needs and Procedures.

Section 6.1.2 Species Associated With Riparian/Riverine Habitat and Vernal Pools The Project site does not contain wetland/riparian features, or vernal pools on or adjacent to the site regulated by the MSHCP; therefore, the Project would not conflict with Section 6.1.2, Protection of Species Associated with Riparian/Riverine areas and Vernal Pools (Alden, 2020, p. 7).

Section 6.1.3 Protection of Narrow Endemic Plants
The Project site is not located within the Western Riverside County MSHCP Narrow Endemic Plant Species Survey Area (NEPSSA); therefore, the NEPSSA requirements are not applicable to the Project and the Project is consistent with the Western Riverside County MSHCP narrow endemic plant species policies (Alden, 2020, p. 6).

Section 6.1.4 Urban/Wildlands Interface Guidelines
The Project site is not located within or adjacent to a Western Riverside County MSHCP Conservation Area; therefore, the Project site is not required to address Section 6.1.4 of the Western Riverside County MSHCP (Alden, 2020, p. 6).

Section 6.3.2 Additional Surveys and Procedures
The Project site is not located within the Western Riverside County MSHCP Criteria Area Plant Species Survey Area (CAPSSA); therefore, the CAPSSA requirements are not applicable to the Project (Alden, 2020, p. 6) . Additionally, the Project site is not located within the Western Riverside County MSHCP additional survey areas for amphibians, survey areas for mammals, or any special linkage areas (ibid.).

The Project site is located within the Western Riverside County MSHCP burrowing owl survey area. No evidence of use of the site by burrowing mammals was present and no burrows suitable for use by the owl was observed (Alden, 2020, p. 6). The species is considered absent from the Project site and potential occurrence is low; however, a preconstruction burrowing owl survey in accordance with the Western Riverside County MSHCP Burrowing Owl Survey Requirements is required to ensure compliance with the Plan’s provisions for protecting the burrowing owl (see MM BR -2). With implementation of MM BR-2, implementation of the Project would result in a less-than-significant impact to the burrowing owl.

Additionally, the Project site is located within the Stephens’ Kangaroo Rat Habitat Conservation Plan Fee Area, which is administered by the Riverside County Habitat Conservation Agency. The Project Applicant would be required to pay the established Stephens’ Kangaroo Rat mitigation fee (Riverside County, 1996). Payment of the Stephens’ Kangaroo Rat HCP fee is required – as noted in the analysis under Response IV(e) – and would ensure the Project is consistent with the Stephens’ Kangaroo Rat HCP and the Western Riverside County MSHCP.

Mitigation
MM BR-2 Within 30 days prior to grading, a qualified biologist shall conduct a survey of suitable habitat on site and make a determination regarding the presence or absence of the burrowing owl. The determination shall be documented in a report and shall be submitted, F.1.4
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
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 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 Februar y 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. P assive 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 pro tocol. The
biologist shall confirm in writing that the species has fledged the site or been relocated prior to the issuance of a grading permit.

Sources:

1. Alden Environmental, Inc., 2020, General Biological Assessment, Technical Appendix B

2. Moreno Valley Municipal Code Chapter 3.48 – Western Riverside County Multiple Species Habitat Conservation Plan Fee Program

3. Moreno Valley Municipal Code Chapter 8.60 – Threatened and Endangered Species

4. Moreno Valley Municipal Code Section 14.40.040 – Public Tree Care

5. Moreno Valley Municipal Code Section 9.17.030 – Landscape Ordinance

6. Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) , http://www.wrc-rca.org/about-rca/multiple-species-habitat-conservation-plan/ F.1.4
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Attachment: Exhibit A to 2022-XX Moreno Valley Business Center IS MND (6001 : PEN20-0162 Moreno Business Center)

Moreno Valley Business Center Page 44 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact

7. Riverside County Information Technology – Map My County, https://gis.countyofriverside.us/Html5Viewer/?viewer=MMC_Public

8. Regional Conservation Agency – MSHCP Information Map, http://wrcrca.maps.arcgis.com/apps/webappviewer/index.html?id=a73e69d2a64d41c29ebd3ac d67467abd

9. Riverside County Ordinance No. 633.10, https://www.rivcocob.org/ords/600/663.10.pdf

V. CULTURAL RESOURCES – Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to
§ 15064.5?

Response: A cultural resources survey conducted for the Project site by Brian F. Smith and Associates (BFSA), which included a comprehensive site survey and archival records search, identified no historic resources on the Project site (BFSA, 2021, p. 5.0-1). The potential for buried or masked cultural deposits within the Project site is considered low to moderate based upon the lack of identified resources on the Project site and previous impacts to the property (ibid.). Notwithstanding, because the Project site contained multiple structures as early as 1938, BFSA indicated there was the potential for buried historical deposits to be present on the Project site (ibid.). The potential for Project implementation to directly or indirectly destroy unknown, significant historical resources that may be buried or masked on the Project site is a significant impact and mitigation is required. The Project’s off-site improvement area is developed under existing conditions (i.e., cleared, graded, and/or paved) with no potential to contain historic resources.

MM CR-1 through MM CR-9 would ensure the proper identification and subsequent treatment of any significant historical 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 significant historical resources would be reduced to less-than-significant.

Mitigation
MM CR-1 Prior to the issuance of a grading permit, the Developer shall retain a professional archaeologist to conduct monitoring of all ground disturbing 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 co
nsultation with the Consulting Tribe(s), including the
Pechanga Band of Luiseño Indians and Soboba Band of Luiseño Indians, the contractor, and the City, shall develop a CRMP as defined in Mitigation Measure CR -3. The Project archaeologist 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 archaeological monitor shall have the authority to temporarily halt and redirect earth moving activities in the affected area in the event that suspected archaeological resources are unearthed.

MM CR-2 Prior to the issuance of a grading permit, the Developer shall secure agreements with the Pechanga Band of Luiseño Indians a nd Soboba Band of Luiseño Indians for tribal monitoring. The City is also required to provide a minimum of 30 days’ advance notice to the tribes of all ground disturbing activities. The Native American Tribal Representatives shall have the authority to tem
porarily halt and redirect earth moving activities in the affected area in the event that suspected archaeological resources are unearthed. The Native American Monitor(s) shall attend the pre- grading meeting with the Project Archaeologist, City, the construction manager and any contractors and will conduct the Tribal Perspective of the mandatory Cultural Resources Worker Sensitivity Training to those in attendance.

Moreno Valley Business Center Page 45 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
occur on the project site. A consulting Tribe is defined as a Tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB52 consultation process, and has completed AB 52 consultation with the City as provided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include:

a) Project description and location;
b) Project grading and development scheduling;
c) Roles and responsibilities of individuals on the Project; d) The pre-grading meeting and Cultural Resources Worker Sensitivity Training details; e) The protocols and stipulations that the contractor, City, Consulting Tribe (s) and Project archaeologist will follow in the event of inadvertent cultural res ources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation;
f) The type of recordation needed for inadvertent finds and the stipulations of recordation of sacred items; and
g) Contact information of relevant individuals for the Project.

MM CR-4 In the event that Native American cultural resources are discovered during the course of ground disturbing activities (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries:

a) One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Moreno Valley Planning Department:

i. Preservation-In-Place of the cultural resources, if feasible. Preservation in place means avoiding the resources, leaving them in the place they were found with no development affecting the integrity of the resources. ii. Onsite reburial of the discovered items as detailed in the treatment plan required pursuant to Mitigation Measure CR -1. This shall include measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur until all legally required cataloging and basic recordation have been completed. No recordation of sacred items is permitted without the written consent of all Consulting Native American Tribal Governments as defined in Mitigation Measure CR-3 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 CR-5 The City shall verify that the following note is included on the Grading Plan:

Moreno Valley Business Center Page 46 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional archeologist and Tribal Monitors, if needed. Determinations and recommendations by the consultant shall be immediately submitted to the Planning Division for consideration, and implemented as deemed appropriate by the Community Development Director, in consultation with the State Historic Preservation Officer (SHPO) and any and all Consulting Native American Tribes as defined in CR -2 before any further work commences in the affected area. If the find is determined to be significant and avoidance of the site has not been achieved, a Phase III data recovery plan shall be prepared by the Project Archeologist, in consultation with the Tribe, and shall be submitted to the City for their review and approval prior to implementation of the said plan.

MM CR-8 It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r).

MM CR-9 Prior to final inspection, the developer/permit holder shall prompt the Project Archeologist to submit two (2) copies of the Phase III Data Recovery report (if required for the Project) and the Phase IV Cultural Resources Monitoring Report that complies with the Community Development Department's requirements for such reports. The Phase IV report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre -grade meeting. The Community Development Department shall review the reports to determine adequate mitigation compliance. Provided the reports are adequate, the Community Development Department shall clear this condition. Once the report(s) are determined to be adequate, two (2) copies shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and one (1) copy shall be submitted to the Consulting Tribe(s) Cultural Resources Department(s).

b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to § 15064.5?

Response: BFSA conducted a cultural resources inventory of the Project site, which included a record search with the Eastern Information Center (EIC) at University of California at Riverside (UCR) and an intensive pedestrian survey of the site. Given the relatively gentle slope, valley setting, and lack of exposed bedrock outcrops for the Project, predictive modeling would suggest that if prehistoric archaeological sites are present within the Project area, they will likely be artifact scatters or specialized resource processing loci that would have developed as a result of prehistoric resou rce extraction practices (BFSA, 2021, p. 5.0 -1). According to the pedestrian survey, no prehistoric archaeological resources were observed on the site (ibid.). Furthermore, due to the lack of known prehistoric archaeological resources in the vicinity of the Project site and the extensive nature of past ground disturbances, the likelihood of discovering buried prehistoric archaeological resources on the Project site is considered low to moderate (ibid.). Notwithstanding the preceding analysis, there is a possibility that prehistoric archaeological resources may be present beneath the Project site’s subsurface, and may be impacted by ground -disturbing activities associated with Project construction. If any prehis toric F.1.4
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
archaeological resources are unearthed on the Project site during construction that meet the definition of an archaeological resource cited in CEQA Guidelines Section 15064.5 and are disturbed/damaged by Project construction activities, impacts to prehistoric archaeological resources would be significant. MM CR-1 through MM CR -9 would ensure the proper identification and subsequent treatment of any significant prehistoric 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 significant prehistoric archaeological resources would be reduced to less- than-significant.

The Project’s off -site improvement area is developed under existing conditions (i.e., cleared, graded, and/or paved) with no potential to contain prehistoric archaeological resources.

c) Disturb any human remains, including those
interred outside of formal ly dedicated
cemeteries?

Response: The Project site does not contain a cemetery and no known formal cemeteries are located within the immediate site vicinity. The f ield survey 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 of the site (BFSA, 2021, p. 1.0-1; Moreno Valley, 2021b, p. 4.5-34). Nevertheless, the remote potential exists that human remains may be unearthed during grading and excavation activities associated with the Project’s construction. The Project’s off-site improvement area is developed under existing conditions (i.e., cleared, graded, and/or paved) with no potential to contain human remains.

If human remains are unearthed during construction activities at the Project site , the construction contractor would be required by law to comply with California Health and Safety Code Section 7050.5 “Disturbance of Human Remains.” According to Section 7050.5(b) and (c), if human remains are discovered, the County Coroner must be contacted and if the Coroner recognizes the human remains to be those of a Native American, or has reason to believe that they are those of a Native American, the Coroner is required to contact the Native American Heritage Commission (NAHC) by telephone within 24 hours. Pursuant to California Public Resources Code Section 5097.98, whenever the NAHC receives notification of a discovery of Native American human remains from a county coroner, the NAHC is required to immediately notify those persons it believes to be most likely descended from the deceased Native American. The descendants may, with the permission of the owner of the land, or his or her authorized representative, inspect the site of the discovery of the Native American human remains and may recommend to the owner or the person responsible for the excavation work means for treatment or disposition, with appropriate dignity, of the human remains and any associated grave goods. The descendants shall complete their inspec tion and make recommendations or preferences for treatment within 48 hours of being granted access to the site. According to Public Resources Code Section 5097.94(k), the NAHC is authorized to mediate disputes arising between landowners and known descendants relating to the treatment and disposition of Native American human burials, skeletal remains, and items associated with Native American burials.

With mandatory compliance to California Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98, any potential impact to human remains, including human remains of Native American ancestry, that may result from development of the Project site would be less than significant.

Sources:

1. Final Environmental Impact Report City of Moreno Valley General Plan 2040 • Section 4.5 – Cultural and Tribal Cultural Resources

2. Brian F. Smith and Associates, Phase I Cultural Resources Survey for the Moreno Valley Business Center, Technical Appendix C

3. California Health Code Section 7050.5 – Dead Bodies

4. Public Resources Code Section 5097.94(k) – Powers and Duties

5. Public Resources Code Section 5097.98 – Native American Historical, Cultural, and Sacred Sites
F.1.4
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Moreno Valley Business Center Page 48 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
VI. ENERGY – Would the project:
a) Result in potentially significant environmental
impact due to wasteful, inefficient, or
unnecessary consumption of energy resources,
during project construction or operation?

Response: The analysis below is based on the Energy Analysis (included as Technical Appendix E to this IS/MND) prepared for the proposed Project by Urban Crossroads and demonstrates that implementation of the Project would not result in a potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation.

Energy Use During Construction
The Project’s construction process would consume electricity and fuel. Project -related construction activities would represent a “single‐ event” demand and would not require on‐ going or permanent commitment of energy resources. Project construction is estimated to consume approximately 179,091 kWh of electricity, approximately 41,124 gallons of diesel fuel from operation of construction equipment, 11,718 gallons of diesel fuel from construction vendor trips, and 18,107 gallons of fuel from construction worker trips (Urban Crossroads, 2021c, p. 37). The amount of energy and fuel use anticipated by the Project’s construction activities are typical for the type of scale of construction proposed by the Project and there are no aspects of the Project’s proposed construction process that are unusual or energy - intensive. Furthermore, construction equipment would be required to conform to the applicable CARB emissions standards, acting to promote equipment fuel efficiencies. For example, California Code of Regulations (CCR) Title 13, Motor Vehicles, Section 2449(d)(3) Idling, limits idling times of construction vehicles to no more than five minutes, thereby precluding unnecessary and wasteful consumption of fuel due to unproductive idling of construction equipment. As supported by the preceding discussion, the Project’s construction energy consumption would not be considered inefficient, wasteful, or otherwise unnecessary (Urban Crossroads, 2021c, p. 37).

Energy Use Project Operations
Project-related traffic would consume approximately 168,375 gallons of fuel per year (Urban Crossroads, 2021c, pp. 34- 35). The number of daily trips and miles traveled by Project traffic are consistent with other industrial uses of similar scale and configuration in the Inland Empire. That is, the Project does not propose uses or operations that would inherently result in excessive and wasteful vehicle trips and/or vehicle miles traveled, nor associated excess and wasteful vehicle energy consumption. Enhanced fuel economies realized pursuant to federal and State regulatory actions, and related transition of passenger vehicles to alternative energy sources (e.g., electricity, natural gas, bio fuels, hydrogen cells) would likely decrease future gasoline fuel demands per mile traveled. The location of the Project site proximate to regional and local arterial roadways (for example, I-215) is expected to minimize the Project vehicle miles traveled within the region. Based on the foregoing, Project transportation energy consumption would not be considered inefficient, wasteful, or otherwise unnecessary (Urban Crossroads, 2021c, p. 37).

Building operations and site maintenance activities associated with the Project would result in the consumption of natural gas and electricity. Natural gas would be supplied to the Project by Southern California Gas Company; electricity would be supplied to the Project by Southern California Edison (SCE). Energy demands resulting from Project operations are estimated at 2,256,005 kilo-British thermal units (kBTU) per year of natural gas and 1,900,224 Kilowatt-hour (kWh) per year of electricity (Urban Crossroads, 2021c, p. 39) . The Project provides conventional industrial buildings uses reflecting contemporary energy efficient/energy conserving designs and operational programs. Uses proposed by the Project are not inherently energy intensive, and the Project energy demands in total would be comparable to, or less than, other industrial projects of similar scale and configuration. Additionally, the Project would be required to comply with Title 24 standards, which would ensure that the Project’s energy demand would not be considered inefficient, wasteful, or otherwise unnecessary (ibid.).

F.1.4
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Moreno Valley Business Center Page 49 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
Response: The following section analyzes the Project’s consistency with the applicable federal and State regulations. As supported by the proceeding analysis, the Project would not conflict with or obstruct a State or local plan for renewable energy or energy efficiency and a less-than-significant impact would occur.

Consistency with Federal Energy Regulations

Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Transportation and access to the Project site is provided primarily by the local and regional roadway systems, which includes I -215 and Alessandro Boulevard. Implementation of the Project would not interfere with, nor otherwise obstruct intermodal transportation plans or projects that may be realized pursuant to the ISTEA because SCAG is not planning for intermodal facilities on or through the Project site (Urban Crossroads, 2021c, p. 39).

The Transportation Act for the 21st Century (TEA-21)
The Project site is located along major transportation corridors with proximate access to the interstate freeway system (i.e., I-215). The site selected for the Project facilitates access, acts to reduce vehicle miles traveled (VMT), takes advantage of existing infrastructure systems, and promotes land use compatibilities through collocation of similar uses. The Project supports the strong planning processes emphasized under TEA‐21. The Project is therefore consistent with, and would not otherwise interfere with, nor obstruct implementation of TEA‐21 (Urban Crossroads, 2021c, pp. 39-40).

Consistency with State Energy Regulations

Integrated Energy Policy Report (IEPR)
Electricity would be provided to the Project by MVU and natural gas would be provided by SoCalGas.

The MVU and SoCal Gas energy supplies comply with and build off existing State programs and policies.

As such, the Project is consistent with, and would not otherwise interfere with, nor obstruct implementation the goals presented in the IEPR (Urban Crossroads, 2021c, p. 40).

State of California Energy Plan
The Project site is located along Alessandro Boulevard, with proximate access to I-215. The location of the Project site facilitates access, acts to reduce VMT, takes advant age of existing infrastructure systems, and promotes land use compatibilities through the introduction of industrial uses on a light industrial-designated site. Therefore, the Project supports urban design and planning processes identified under the State of California Energy Plan, is consistent with, and would not otherwise interfere with, nor obstruct implementation of the State of California Energy Plan (Urban Crossroads, 2021c, p. 40).

California Code Title 24, Part 6, Energy Efficiency Standards The Project would design building shells and building components, such as windows; roof systems:
electrical and lighting systems: and heating, ventilating, and air conditioning systems to meet 2019 Title 24 Standards. The Project also is required by State law to be designed, constructed, and operated to meet or exceed Title 24 Energy Efficiency Standards. On this basis, the Project is determined to be consistent with, and would not interfere with, nor otherwise obstruct implementation of Title 24 Energy Efficiency Standards

Pavley Fuel Efficiency Standards (AB 1493)
AB 1493 is applicable to the Project because model year 2009-2016 passenger cars and light duty truck vehicles traveling to and from the Project site are required by law to comply with the legislation’s fuel efficiency requirements. On this basis, the Project is determined to be consistent, with, and would not interfere with, nor otherwise obstruct implementation of AB 1493.

F.1.4
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Advanced Clean Cars Program
The Advanced Clean Cars Program is applicable to the Project because model year 2017 -2025 passenger car vehicles traveling to and from the Project site are required by law to comply with the legislation’s fuel efficiency requirements. On this basis, the Project is determined to be consistent, with, and would not interfere with, nor otherwise obstruct implementation of California’s Advanced Clean Cars Program.

California Renewable Portfolio Standards (SB 1078)
Energy directly or indirectly supplied to the Project site by electric corporations is required by law to comply with SB 1078.

Sources:

1. Urban Crossroads, 2021c, Moreno Valley Business Center Energy Analysis, Technical Appendix E

VII. GEOLOGY AND SOILS – Would the project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist -Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
https://www.conservation.ca.gov/cgs/Document
s/SP_042.pdf

Response: There are no Alquist -Priolo Earthquake Fault Zones affecting the Project site (NorCal Engineering, 2021, p. 2). T he nearest E arthquake Fault Zone is the San Jacinto Fault, which occurs approximately 6.8 miles northeast of the Project site (NorCal Engineering, 2021 , p. 3; Moreno Valley, 2021a, Map S-1; Google Earth Pro, 2020). Because there are no known faults located on the Project site, there is no potential for the Project to expose people or structures to adverse effects related to ground rupture. No impact would occur.

ii) Strong seismic ground shaking?
Response: 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. This risk is not considered substantially different than that of other similar properties in the southern California area. As a mandatory condition of Project approval, the Project would be required to construct the proposed building in accordance with the California Building Standards Code (CBSC), also known as California Code of Regulations (CCR), Title 24 (Part 2), and the Moreno Valley Building Code, which is based on the CBSC with local amendments. The CBSC and Moreno Valley Building Code (Moreno Valley
Municipal Code, Chapter 8.20) provide standards that must be met to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location, and maintenance of all buildings and structures, and have been specifically tailored for California earthquake conditions. In addition, the CBSC (Chapter 18) and the Moreno Valley Building Code (Chapter 8.21 ) require development projects to prepare geologic engineering reports to identify site-specific geologic and seismic conditions and implement the site- specific recommendations contained therein to preclude adverse effects involving unstable soils and strong seismic ground- shaking, including, but not limited to, recommendations related to ground stabilization, selection of appropriate foundation type and depths, and selection of appropriate structural systems. The Project has prepared such a report entitled, Geotechnical Investigation (NorCal Engineering, 2021) , which is included as Technical Appendix D to this IS/MND, and the City would condition the Project to comply with the site-specific ground preparation and construction recommendations contained in the report.

F.1.4
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
iii) Seismic-related ground failure, including
liquefaction?
Response: Based on laboratory analysis of soil samples taken from the Project site, NorCal Engineering concluded that the Project site is not subject to seismic -related ground failure, including liquefaction (NorCal Engineering, 2021, p. 6). Notwithstanding, the City of Moreno Valley will require that the property be developed in accordance with the latest applicable seismic safety guidelines, including the standard requirements of the CBSC and the City of Moreno Valley Municipal Code Building Code, to minimize potential liquefaction hazards. 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.

iv) Landslides?
Response: The Project site contains no substantial natural or man -made slopes under existing conditions. The Project Applicant proposes construction of manufactured slopes and a retaining wall on the Project site. As required by Moreno Valley Municipal Code Chapter 8.21, the proposed retaining wall and manufactured slopes would be constructed in accordance with the site -specific recommendations contained within the geotechnical report for the Project site (see Technical Appendix D). Mandatory compliance with the recommendations contained within the Project site’s geotechnical report would ensure that the Project is engineered and constructed to maximize stability and preclude safety hazards to on- site and abutting off -site areas. Accordingly, the Project would not be exposed to substantial landslide risks, and implementation of the Project would not pose a substantial direct or indirect landslide risk to surrounding properties. Impacts would be less than significant.

b) Result in substantial soil erosion or the loss of
topsoil?
Response: The analysis below summarizes the likelihood of the Project to result in substantial soil erosion during temporary construction activities and/or long-term operation.

Construction-Related Impacts
Construction of the Project would involve grading, paving, utility installation, building construction, and landscaping installation, which has the potential to temporarily expose on-site soils that would be subject to erosion during rainfall events or high winds. Pursuant to State Water Resources Control Board requirements, the Project Applicant is required to obtain a National Pollutant Discharge Elimination System (NPDES) permit for construction activities, including proposed grading. The NPDES permit is required for all projects that include construction activities, such as clearing, grading, and/or excavation that disturb at least one (1) acre of total land area. In addition, the Project Applicant would be required to comply with the Santa Ana Regional Water Quality Control Board (RWQCB’s) Santa Ana River Basin Water Quality Control Program .

Compliance with the NPDES permit and the Santa Ana River Basin Water Quality Control Program involves the preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP) for construction -related activities. The SWPPP will specify the Best Management Practices (BMPs) that would be required to be implemented during construction a ctivities to ensure that waterborne pollution – including erosion/sedimentation – is prevented, minimized, and/or otherwise appropriately treated prior to surface runoff being discharged from the subject property.

Examples of BMPs that may be utilized during construction include, but are not limited to, sandbag barriers, geotextiles, storm drain inlet protection, sediment traps, rip rap soil stabilizers, and hydro - seeding. In addition, the Project Applicant would be required to comply with SCAQMD Rule 403, which would reduce the amount of particulate matter in the air and minimize the potential for wind erosion. With mandatory compliance to the requirements noted in the Project’s SWPPP, as well as applicable regulatory requirements, the potential for water and/or wind erosion impacts during Project construction would be less than significant and mitigation is not required.

Long-Term Operational Activities
Following construction, wind and water erosion on the Project site would be minimized, because the areas disturbed during construction would be landscaped or covered with impervious surfaces and drainage would be controlled through a storm drain system. Implementation of the Project would result in less long-term erosion and loss of topsoil than occurs under the site’s existing conditions.

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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact

The City’s Municipal Separate Storm Sewer System (MS4) NPDES Permit requires the Project Applicant to prepare and submit to the City for approval a Water Quality Management Plan (WQMP) (refer to Moreno Valley Municipal Code Section 8.21.170). The WQMP is required to identif y an effective combination of erosion control and sediment control measures (i.e., BMPs ) to reduce or eliminate sediment discharge to surface water from storm water and non- storm water discharges. The WQMP also is required to establish a post -construction implementation and maintenance plan to ensure on - going, long- term erosion protection. Compliance with the WQMP will be required as a condition of approval for the Project, as would the long-term maintenance of erosion and sediment control features.

The preliminary WQMP for the Project prepared by Thienes Engineering (attached hereto as Technical Appendix I2) incorporates design features would be effective at removing silt and sediment from storm water runoff. Because the Project would be required to utilize erosion and sediment control measures to preclude substantial, long-term soil erosion and loss of topsoil, the Project would result in less- than- significant impacts related to soil erosion.

c) 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 on-
or off -s ite landsl ide, lateral spreading,
subsidence, liquefaction or collapse?

Response: No substantial natural or man -made slopes are located on or adjacent to the Project site (Google Earth Pro, 2020). As noted in Response VII (a) (iii), the Project includes manufacturing slopes and a retaining wall. The retaining wall and manufacturing slope s would be engineered for long- term stability and constructed in accordance with the site-specific recommendations contained within the geotechnical report for the Project site (included as Technical Appendix D to this IS/MND), as required by the Moreno Valley Municipal Code Section 8.21.050. Accordingly, the Project would result in less - than-significant impacts associated with landslide hazards.

The Project’s geotechnical report also indicates that the settlement potential on the Project site would be attenuated through the proposed removal of near surface soils down to competent materials and replacement with properly compacted fill, wh ich is included as a recommendation in the Project’s geotechnical report. Through standard conditions of approval in accordance with Moreno Valley Municipal Code Section 8.21.050, the proposed Project would be required by the City to incorporate the recom
mendations contained within the Project geotechnical report into the grading plan for the Project.

As such, implementation of the Project would result in less-than-significant impacts associated with soil shrinkage/subsidence and collapse.

As discussed in Responses VII (a), (iii) and (iv), development of the property as proposed by the Project would result in a less-than-significant impact involving ground failure, including liquefaction and landslide, and a less-than-significant impact involving landslides.

d) 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?

Response: According to subsurface explorations and laboratory testing conducted by NorCal Engineering, the site surficial soils primarily consist of silty sand with a very low expansion potential (NorCal Engineering, 2021, p. 15). As such, implementation of the Project would result in less -than- significant impacts associated with expansive soils and would not create substantial risks to life or property.

e) 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.1.4
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Response: The Project does not propose the use of septic tanks or alternative waste water disposal systems. Accordingly, no impact would occur.

f) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?

Response: The Project site does not contain any known unique geologic features. The Project site is underlain by older Pleistocene very old alluvial fan deposits that have a high paleontological sensitivity for fossils of large, terrestrial Ice Age vertebrates (BFSA, 2020b, p. 6). In the event that Project grading and excavation activities encroach into previously undisturbed Pleistocene -age alluvial deposits, the Project could result in impacts to important paleontological resources that may exist below the ground surface if they are unearthed and not properly protected. Therefore, the Project’s potential to directly or indirectly destroy a unique paleontological resource buried beneath the ground surface is determined to be a significant impact and mitigation is required.

Implementation of MM GEO-1 through MM GEO-4 would ensure the proper identification and subsequent treatment of any paleontological resources that may be encountered during ground- disturbing activities associated with implementation of the proposed Project. Therefore, with implementation of MM GEO-1 through MM GEO -4, the Project’s potential impacts related to paleontological resources would be reduced to less-than-significant levels.

Mitigation
MM GEO-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 GEO-3 Recovered specimens shall be properly prepared to a point of identification and permanent preservation, including screen w ashing sediments to recover small invertebrates and vertebrates, if necessary. Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage, such as the Western Science Museum in Hemet, California, is required for significant discoveries.

MM GEO-4 A final monitoring and mitigation report of findings and significance shall be prepared, including lists of all fossils recovered, if any, and neces sary maps and graphics to accurately record the original location of the specimens. The report shall be submitted to the City of Moreno Valley prior to building final.

Sources:

1. NorCal Engineering, Geotechnical Investigation Proposed Warehouse Building Development Northeast Corner Alessandro Boulevard and Day Street Moreno Valley, California, Technical Appendix D
F.1.4
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact

2. Brian F. Smith and Associates , Paleontological Assessment for the Moreno Valley Business Center Project, Technical Appendix H

3. Moreno Valley General Plan 2040
• Chapter 6 – Safety
- Map S-1 – Fault Zones

3. Moreno Valley Municipal Code Section 8.20 – Moreno Valley Building Code

4. Moreno Valley Municipal Code Section 9.08.160 – Seismic Hazards

5. Moreno Valley Municipal Code Section 8.21.050 – Grading Permit Requirements

6. Moreno Valley Municipal Code Section 9.08.080 – Grading

7. Google Earth Pro, https://earth.google.com/web/

VIII. GREENHOUSE GAS EMISSIONS – Would the project:
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a significant
impact on the environment?

Response: A Greenhouse Gas Analysis (Urban Crossroads, 2021d) and a supplemental air quality and greenhouse gas analysis (Urban Crossroads, 2022a) was prepared for the Project by Urban Crossroads to quantify the greenhouse gas (GHG) emissions that would result from Project-related construction and operational activities. These reports are included as Technical Appendix A3 and Technical Appendix F to this IS/MND and its findings are incorporated into the analysis presented herein.

While estimated Project-related GHG emissions can be calculated, the direct impacts of such emissions on Global Climate Change (GCC) and global warming cannot be determined on the basis of available science because global climate change is a global phenomenon and not limited to a specific locale such as the Project site and its immediate vicinity. Furthermore, there is no evidence that would indicate that the emissions from a project the size of the proposed Project could directly or indirectly affect the global climate. Because global climate change is the result of GHG emissions, and GHGs are emitted by innumerable sources worldwide, the proposed Project would not result in a direct impact to global climate change; rather, Project-related impacts to global climate change only could be potentially significant on a cumulative basis (Urban Crossroads, 2021d, p. 8). Therefore, the analysis below focuses on the Project’s potential to contribute to global climate change in a cumulatively-considerable way.

The City of Moreno Valley has not adopted a numerical threshold for determining the significance of GHG emissions; however, the City has discretion to select an appropriate significance criterion used by other agencies, based on substantial evidence (Urban Crossroads, 2021d, p. 39). Specifically, the City has selected to compare Project-related GHG emissions against the draft 10,000 metric tons of carbon dioxide equivalent (MTCO
2e) per year threshold recommended by SCAQMD staff for industrial projects against where SCAQMD is the lead agency. The industrial threshold utilized by SCAQMD is a widely accepted threshold used by numerous lead agencies in the South Coast Air Basin (SCAB) and was established based on the recommendations from California Air Pollution Control Officers Association (CAPCOA) contained in a report titled “CEQA and Climate Change” (dated January 2008), which serves as a resource for public agencies as they establish agency procedures for reviewing GHG emissions from projects under CEQA. The CAPCOA report provides three recommendations for evaluating a development project’s GHG emissions. When establishing their significance threshold, SCAQMD selected the CAPCOA non-zero approach which establishes a numerical threshold based on capture of approximately 90 percent of emissions from future development (Approach 2, Threshold 2.5) (CAPCOA, 2008, pp. 46-47). A 90 percent emission capture rate means that 90 percent of total emissions from all new or modified projects would be subject to evaluation under CEQA. Based on SCAQMD’s research of 1,297 major, industrial source point (i.e., stationary) emission sources in the SCAB, SCAQMD found that s ource point industrial facilities that generate at least 10,000 MTCO 2e per year produce
approximately 90 percent of the carbon dioxide equivalent emissions in the SCAB per year. As such, SCAQMD established their significance criterion at 10,000 MTCO2e as that threshold would capture 90 percent of total emissions from future industrial development in accordance with CAPCOA recommendations. If Project -related GHG emissions do not exceed the 10,000 MTCO 2e per year threshold, then Project-related GHG emissions would clearly have a less-than-significant impact. On the F.1.4
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
other hand, if Project -related GHG emissions exceed 10,000 MTCO 2e per year, the Project would be considered a substantial source of GHG emissions.

The Project’s annual GHG emissions are summarized in Table 7, Total Annual Project Greenhouse Gas Emissions. The methodology used to calculate the Project’s GHG emissions is described in detail in Technical Appendices A3 and F.

Table 7: Total Annual Project Greenhouse Gas Emissions
Emission Source Emissions (MT/yr)
CO2 CH4 N2O Total CO2e
Annual construction-related emissions
amortized over 30 years 21.91 3.45E-03 0.00 22.23
Area Source 8.72E-03 2.00E-05 0.00 9.29E-03
Energy Source 479.64 0.03 0.01 482.22
Mobile Source (Passenger Cars) 317.91 7.07E-03 0.01 320.49 Mobile Source (Trucks) 1,265.26 0.01 0.18 1,319.11
TRUs 40.93
On-Site Equipment 50.79 0.02 0.00 51.20
Waste 31.39 1.85 0.00 77.76
Water Usage 99.91 1.25 0.03 140.07
Total CO2e (All Sources) 2,454.00
Source: (Urban Crossroads, 2022a, Table 9)

As shown in Table 7, the Project is estimated to generate approximately 2,454.00 MTCO2e annually, which is less than the significance threshold of 10,000 MTCO 2e (Urban Crossroads, 2021d, p. 48) .

Because the Project’s total annual GHG emissions would not exceed 10,000 MTCO2e, the Project would not generate substantial GHG emissions – either directly or indirectly – that would have a significant impact on the environment. Impacts would be less than significant.

b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing
the emission of greenhouse gases?

Response: The Project would comply with a number of regulations, policies, plans, and policy goals that would reduce GHG emissions, including the Assembly Bill 32 (AB 32), and Senate Bill 32 (SB 32), which are regulations applicable to the Project. For more information on these regulations as well as other state-wide plans, policies, and regulations associated with GHG emissions that are not applicable to the Project, refer to Technical Appendix F of this IS/MND.

On October 9, 2012, the Moreno Valley City Council approved an Energy Efficiency and Climate Action Strategy and related GHG
analysis. The Energy Efficiency and Climate Action Strategy document identifies potential programs and policies to reduce overall City energy consumption and increase the use of renewable energy. The majority of the policies are directed at municipal operations of the City, but the document also contains recommended policies for the community at large (including private development projects). These recommended policies include but are not limited to: energy efficiency, water use reduction, trip reduction, solid waste diversion, and educational policies. The overall goal of the Energy Efficiency and Climate Action Strategy is to ensure that the City is consistent with and would not otherwise conflict with the provisions of AB 32. As demonstrated by the analysis below, the Project would not conflict with the provisions of SB 32, which as a successor to AB 32 requires more stringent GHG emissions reductions than AB 32 ,
and, therefore, would not obstruct implementation of the components of the City’s Energy Efficiency and Climate Action Strategy that are applicable to the Project.

Additionally, as part of the adoption of General Plan 2040, the City adopted a Climate Action Plan (CAP).

The CAP establishes an inventory of the City’s baseline (year 2018) GHG emissions, quantifies the City’s long-term GHG emissions, and establishes the measures the City will implement – including F.1.4
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
requirements for new development projects to be energy efficient – to achieve the year 2030 GHG emissions reduction goals of SB 32 as well as additional GHG emissions through the General Plan’s horizon year (2040). As demonstrated by the analysis below, the Project would not conflict with the provisions of SB 32, and, therefore, would neither conflict with the CAP nor hinder or delay the City’s ability to meet the GHG emissions reductions targets that are outlined in the CAP.

In April 2015, Governor Edmund Brown Jr. signed Executive Order B -30-15, which advocated for a statewide GHG-reduction target of 40 percent below year 1990 levels by 2030 and 80 percent below 1990 levels by 2050. In September 2016, Governor Brown signed the Senate Bill (SB) 32. SB 32 formally established a statewide goal to reduce GHG emissions to 40 percent below year 1990 levels by 2030. To date, no statutes or regulations have been adopted to translate the year 2050 GHG reduction goal into comparable, scientifically-based statewide emission reduction targets.

CARB identified measures in their 2017 Scoping Plan Update to identify the measures that would achieve the emissions reductions goals of SB 32. As explained in point-by-point detail in Section 3.9 of Technical Appendix F (refer to Table 3-9 ), the Project would not conflict with applicable measures of the 2017 Scoping Plan Update and would not preclude/obstruct implementation of the Scoping Plan Update (Urban Crossroads, 2021d, Table 3-9).

According to research conducted by the Lawrence Berkeley National Laboratory and supported by the CARB, California, under its existing and proposed GHG reduction policies (i.e., CARB Scoping Plan), is on track to meet the year 2030 reduction targets established by SB 32 (Urban Crossroads, 2021d, p. 25). As described above, the Project would not conflict with or obstruct implementation of the CARB Scoping Plan; therefore, the Project would not interfere with the State’s ability to achieve the year 2030 GHG-reduction target established by SB 32.

Rendering a significance determination for year 2050 GHG emissions relative to Executive Order (EO ) B-30-15 would be speculative because EO B-30-15 establishes a goal more than three decades into the future; no agency with GHG subject matter expertise has adopted regulations to achieve these statewide goals at the project -level; and, available analytical models cannot presently quantify all project -related emissions in those future years. Further, due to the technological shifts anticipated and the unknown parameters of the regulatory framework in 2050, available GHG models and the corresponding technical analyses are subject to limitations for purposes of quantitatively estimating the P roject’s emissions in 2050.

As described above, the Project would not conflict with the State’s ability to achieve the State-wide GHG reduction mandates and would be consistent with applicable policies and plans related to GHG emissions reductions. Impacts would be less than significant.

Sources:

1. Urban Crossroads, 2021d, Moreno Valley Business Center Greenhouse Gas Analysis, Technical Appendix F

IX. HAZARDS AND HAZARDOUS MATERIALS – Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use,
or disposal of hazardous materials?

Response: A Phase I Environmental Site Assessment (ESA) was prepared for the Project site by SCS Engineers (SCS) and is included as Technical Appendix G to this IS/MND. As part of the Phase I ESA efforts, SCS conducted a visual inspection of the Project site, researched regulatory hazardous materials databases, and reviewed historical reference materials (including aerial photographs, topographic maps, and City of Moreno Valley directories); the findings of this research are incorporated into the analysis presented herein.

F.1.4
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Existing Site Conditions Impacts
Review of historical aerial photographs, City directories, and topographic maps, SCS determined the Project site was either undeveloped or residential use from at least 1938 through 2008 (SCS, 2019, p. iv). By 2008, all residential buildings and associated structures were removed, leaving behind only the concrete slab foundation (ibid.). There were no underground or aboveground storage tanks, hazardous substances, hazardous wastes, or drums found on the Project site (SCS, 2019, pp. 5 -6). Two pad- mounted Southern California Edison (SCE) electrical transformers were noted on the northwest portion of the Project site; however, the observed transformers are not believed to contain high concentrations of polychlorinated biphenyls (PCBs) because SCE exclusively utilizes mineral oils as the insulating/cooling fluid for electrical trans formers (SCS, 2019, p. 5). Based on a review of historic regulatory agency hazardous materials databases, historic site aerial photographs, and a reconnaissance of the Project site, SCS determined that the Project site does not contain any recognized environmental conditions (RECs) (SCS, 2019, p. 17). A REC is considered to be the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: 1) due to release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment.

A previous report by LOR Geotechnical Group (prepared in 2018) identified a groundwater monitoring well located on the eastern edge of the Project site, which was associated with contamination from an off-site former gasoline station. LOR reported concentrations of total petroleum hydrocarbons as gasoline (TPH-G), methyl tert-butyl ether (MtBE), and tert-butyl (tBA). The Santa Ana RWQCB closed this case in February 2019 after the completion of required vapor extraction activities. Based on the updated cases status, SCS considers the historical groundwater impacts to be a historical recognized environmental condition (HREC) that have been adequately remediated (SCS, 2019, pp. iv and 12).

The Project site is located approximately 1.0-mile northwest of the former March Air Force Base where numerous releases of hazardous materials to the environment including contaminated groundwater and soil had occurred. Based on the regulatory oversight provided by federal and State regulatory agencies, distance from the Project site, and no groundwater plume associated with MAFB at the Project site, MAFB is not anticipated to have a significant environmental impact to the Project site (SCS, 2019, p. 14).

Based on the foregoing analysis, the Project would not create significant hazard to the public or the environment through routine transport, use, or disposal of hazardous materials from the Project site under existing conditions. A less-than-significant impact would occur.

Construction‐Related Impacts
Heavy equipment (e.g., dozers, excavators, tractors) would be operated on the subject property during construction of the Project. Heavy equipment is typically fueled and maintained by petroleum ‐based substances such as diesel fuel, gasoline, oil, and hydraulic fluid, which is considered hazardous if improperly stored or handled. In addition, materials such as paints, adhesives, solvents, and other substances typically used in building constructi on would be located on the Project site during construction. Improper use, storage, or transportation of hazardous materials can result in accidental releases or spills, potentially posing health risks to workers, the public, and the environment. This is a standard risk on all construction sites, and there would be no greater risk for improper handling, transportation, or spills associated with the proposed Project than would occur on any other similar construction site. Construction contractors would be required to comply with all applicable federal, State, and local laws and regulations regarding the transport, use, and storage of hazardous construction‐ related materials, including but not limited requirements imposed by the Environmental Protection Agency (EPA), California Department of Toxic Substances Control (DTSC), South Coast Air Quality Management District (SCAQMD), and Santa Ana Regional Water Quality Control Board (RWQCB). With mandatory compliance with applicable hazardous materials regulations, the Project would not create a significant hazard to the public or the environment through routine transport, use, or disposal of hazardous materials during the construction phase. Impacts would be less than significant.

F.1.4
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Long‐Term Operational Impacts
The future building occupant(s) for the Project site are not yet identified; however, the Project is designed to house warehouse distribution occupants and it is possible that hazardous materials could be used during the course of a future building user’s daily operations. State and federal Community -Right-to- Know laws allow the public access to information about the amounts and types of chemicals in use at local businesses. Laws also are in place that requires businesses to plan and prepare for possible chemical emergencies. Any business that occupies a building on the Project site and that handles hazardous materials (as defined in Section 25500 of California Health and Safety Code, Division 20, Chapter 6.95) will require a permit from the Moreno Valley Fire Department Hazardous Materials Division in order to register the business as a hazardous materials handler. Such businesses also are required to comply with California’s Hazardous Materials Release Response Plans and Inventory Law, which requires im
mediate reporting to the County of Riverside Fire Department and the State Office of Emergency Services regarding any release or threatened release of a hazardous material, regardless of the amount handled by the business. In addition, any business handling at any one time, greater than 500 pounds of solid, 55 gallons of liquid, or 200 cubic feet of gaseous hazardous material, is required, under Assembly Bill 2185 (AB 2185), to file a Hazardous Materials Business Emergency Plan (HMBEP).

A HMBEP is a written set of procedures and information created to help minimize the effects and extent of a release or threatened release of a hazardous material. The intent of the HMBEP is to satisfy federal and State Community Right -To-Know laws and to provide detailed information for use by emergency responders.

If businesses that use or store hazardous materials occupy the Project, the business owners and operators would be required to comply with all applicable federal, state, and local regulations to ensure proper use, storage, use, emission, and disposal of hazardous substances (as described above). With mandatory regulatory compliance, the Project is not expected to pose a significant hazard to the public or the environment through the routine transport, use, stor age, emission, or disposal of hazardous
materials, nor would the Project increase the potential for accident conditions which could result in the release of hazardous materials into the environment.

With mandatory regulatory compliance, potential hazardous materials impacts associated with long-term operation of the Project are determined to be less than significant and mitigation is not required.

b) 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?

Response: Accidents involving hazardous materials that could pose a significant hazard to the public or the environment would be highly unlikely during the construction and long-term operation of the Project and are not reasonably foreseeable. As discussed above under Response IX(a), the transport, use, and handling of hazardous materials on the Project site during construction is a standard risk on all construction sites, and there would be no greater risk for upset and accidents than would occur on any other similar construction site. Upon buildout, the Project site would operate as a warehouse distribution center. Based on the operational characteristics of warehouse distribution centers, it is possible that hazardous materials could be used during the course of a future occupant’s daily operations; however, as discussed above under Response IX(a), the Project Applicant would be required to comply with all applicable local, State, and federal regulations related to the transport, handling, and usage of hazardous material. Accordingly, impacts associated with the accidental release of hazardous materials would be less than significant during both construction and long-term operation of the Project and mitigation would not be required.

c) Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or
waste within one- quarter mile of an existing or
proposed school?

F.1.4
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Attachment: Exhibit A to 2022-XX Moreno Valley Business Center IS MND (6001 : PEN20-0162 Moreno Business Center)

Moreno Valley Business Center Page 59 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Response: There are no schools located within 0.25-mile of the Project site (Google Earth Pro, 2020).

Thus, the Project would not have a significant effect in emitting hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school. No impact would occur.

d) 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, would it create a significant hazard to the
public or the environment?

Response: The Phase I ESA ( Technical Appendix G to this IS /MND) prepared for the Project site included a search of regulatory databases, including the California EPA’s Regulated Site Portal, the Santa Ana RWQCB’s Geotracker database, and DTSC’s EnviroStor database. The Project site is not included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 (SCS, 2019, pp. 12-15). Accordingly, no impact would occur.

e) For a project located within 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, would the project result in a
safety hazard or excessive noise for people
residing or working in the project area?

Response: The Project site is located approximately 1.0-mile northwest of the March Air Reserve Base / Inland Port Airport (MARB/IPA). Pursuant to the March Air Reserve Base Compatible Use Zone Study commissioned by the United States Air Force and as depicted on Map S-7, Airport Compatibility Zones, of the Moreno Valley General Plan, the Project site is not located within a zone subject to hazards related to air crashes (Moreno Valley, 2021a). According to the MARB/IPA Airport Land Use Compatibility Plan (ALUCP), the Project site is located in Compatibility Zone C1 (RCALUC, 2014, Map MA-1). Properties located in Zone C1 are subject to relatively high noise levels associated with aircraft operations, and noise-sensitive land uses such as schools, hospitals, and congregate care facilities are prohibited; however, uses not sensitive to airport-related noise – like the light industrial use proposed by the Project – are allowed within Zone C1 (RCALUC, 2014, Table MA-1). The warehouse building proposed by the Project would be no greater than 44 feet tall and does not include an air travel component (e.g., runway, helipad); therefore, implementation of the Project would not interfere with flight operations at the March Air Reserve Base. Furthermore, t he Project was reviewed on April 8, 2021 by the Riverside County Airport Land Use Commission (ALUC), who determined the Project would not conflict with the MARB / Inland Port ALUCP (RCALUC, 2021). The Project would not result in safety hazards for people residing or working in the Project area. Impacts would be less than significant.

f) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?

Response: The Project site does not contain any emergency facilities under existing conditions nor does it serve as an emergency evacuation route, so there is no potential for the Project to adversely affect an existing emergency response or evacuation plan. During construction and at Project buildout, the proposed Project would be required to maintain adequate emergency access for emergency vehicles as required by the City. As part of the City’s discretionary review process, the City of Moreno Valley reviewed the Project to ensure that appropriate emergency ingress and egress would be available to- and-from the proposed warehouse building for public safety, and determined that the Project would not substantially impede emergency response times in the local area. Accordingly, implementation of the proposed Project would not impair implementation of or physically interfere with an adopted emergency response plan or an emergency evacuation plan, and no impact would occur.

g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or
death involving wildland fires?

F.1.4
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Moreno Valley Business Center Page 60 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Response: According to City of Moreno Valley General Plan 2040 FEIR Figure 4.18-2, CAL FIRE Fire Threat Areas the Project site is not located in an area of substantial or high fire risk (Moreno Valley, 2021b). Additionally, the California Department of Forestry and Fire Protection (CalFire) identifies the Project site as located in a Non-Very High Fire Hazard Severity Zone (CalFire, 2009) . The Project site is located in an area that has been largely developed. No wildlands are located on or adjacent to the Project site and the Project site is largely disturbed or devoid of vegetation and surrounded on all sides by developed or maintained properties and paved roads. Thus, implementation of the proposed Project would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. No impact would occur.

Sources:

1. SCS Engineers, Phase I Environmental Site Assessment LDC Alessandro Business Park , Technical Appendix G

2. Final Environmental Impact Report City of Moreno Valley General Plan 2040 • Section 4.18 – Wildfire
- Figure 4.18-2 – CAL FIRE Fire Threat Areas

3. Google Earth Pro

4. Moreno Valley General Plan 2040

5. Riverside County Airport Land Use Commission, March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan, http://www.rcaluc.org/Portals/13/17%20- %20Vol.%201%20March%20Air%20Reserve%20Base%20Final.pdf?ver=2016-08-15-145812- 700

6. Riverside County Airport Land Use Commission, Airport Land Use Commission Meeting Minutes, April 8, 2021, http://www.rcaluc.org/Portals/13/Minutes%204-8-21.pdf?ver=2021-05- 13-160919-950

7. California Department of Forestry and Fire Protection (CalFire) , https://osfm.fire.ca.gov/media/5917/moreno_valley.pdf

8. Riverside County Airport Land Use Commission Development Review, dated May 21, 2020

X. HYDROLOGY AND WATER QUALITY – Would the project:
a) Violate any water quality standards or waste
discharge requirements or otherwise
substantially degrade surface or ground water
quality?

Response: The Project Applicant would be required to comply with Section 402 of the Clean Water Act, which authorizes the National Pollution Discharge Elimination System (NPDES) permit program that covers point sources of pollution discharging to a water body. The NPDES program also requires operators of construction sites one- acre or larger to prepare a Storm Water Pollution Prevention Plan (SWPPP) and obtain authorization to discharge stormwater under an NPDES construction stormwater permit. The Project Applicant also would be required to comply with the California Porter‐Cologne Water Quality Control Act (S ection 13000 et seq., of the California Water Code), which requires that comprehensive water quality control plans be developed for all waters within the State of California. The Project site is located within the jurisdiction of the Santa Ana Regional Water Quality Control Board (RWQCB).

Construction-Related Impacts
Construction of the proposed Project would involve clearing, grading, paving, utility installation, building construction, and landscaping activities. Construction activities would result in the generation of potential water quality pollutants such as silt, debris, chemicals, paints, and solvents, and other chemicals with the potential to adversely affect water quality. As such, short - term water quality impacts have the
potential to occur du ring construction of the Project in the absence of any protective or avoidance measures.

F.1.4
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Attachment: Exhibit A to 2022-XX Moreno Valley Business Center IS MND (6001 : PEN20-0162 Moreno Business Center)

Moreno Valley Business Center Page 61 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Pursuant to the requirements of the Santa Ana RWQCB and the City Moreno Valley (Municipal Code Chapter 8.10 et seq. and Section 8.21.170), the Project Applicant would be required to obtain coverage under the State’s General Construction Storm Water Permit (NPDES Permit). The NPDES permit is required for all projects that include construction activities, such as clearing, soil stockpiling, grading, and/or excavation that disturb at least one (1) acre of total land area. In addition, the Project Applicant would be required to comply with the Santa Ana RWQCB’s Santa Ana River Basin Water Quality Control Program. Compliance with the NPDES permit and the Santa Ana River Basin Water Quality Control Program involves the preparation and implementation of a SWPPP for construction- related activities, including grading. The SWPPP will specify the Best Management Practices (BMPs) that the Project would be required to implement during construction activities to ensure that all potential pollutants of concern are prevented, minimized, and/or otherwise appropriately treated prior to being discharged from the subject property. Examples of BMPs that may be utilized during construction include, but are not limited to, sandbag barriers, geotextiles, storm drain inlet protection, sediment traps, rip rap soil stabilizers, and hydro-seeding. Mandatory compliance with the SWPPP would ensure that the Project’s construction does violate any water quality standards or waste discharge requirements. Therefore, water quality impacts associated with construction activities would be less than significant and no mitigation measures would be required.

Post-Development Water Quality Impacts
Stormwater pollutants commonly associated with the land use proposed by the Project include bacterial indicators, metals, and toxic organic compounds (Thienes Engineering, 2020, Table E.1).

Pursuant to the Moreno Valley Municipal Code (Chapter 8.10 et seq. and Section 8.21.170), the Project Applicant would be required to implement a Water Quality Management Plan (WQMP) to demonstrate compliance with the City’s NPDES municipal stormwater permit, and to minimize the release of potential waterborne pollutants, including pollutants of concern for downstream receiving waters. The WQMP is a site-specific post-construction water quality management program designed to address the pollutants of concern of a development project via BMPs, implementation of which ensures the on-going protection of the watershed basin. The Project’s Preliminary WQMP, prepared by Thienes Engineering, is included as Technical Appendix I1 appended to this IS/MND. As identif ied in Project’s Preliminary WQMP, the proposed Project is designed to include on-site, structural source control BMPs (including underground infiltration chambers) as well as operational source controls (including but not limited to: drainage system maintenance, storm drain system stenciling and signage, and implementation of minimal pesticide use) to minimize, prevent, and/or otherwise appropriately treat stormwater runoff flows before they are discharged from the site. Compliance with the WQMP would be required as a condition of Project approval pursuant to Municipal Code Chapter 8.10 and Municipal Code Section 8.21.170, and long-term maintenance of on- site BMPs would be required to ensure their long- term effectiveness. Therefore, water quality impacts associated with long-term operational activities would be less than significant.

In addition to the WQMP, the NDPES program also requires certain land uses, including industrial land uses as proposed by the Project, to prepare a SWPPP for operational activities and to implement a long- term water quality sampling and monitoring program, unless an exemption has been granted. On April 1, 2014, the California State Water Resources Control Board adopted an updated new NPDES permit for stormwater discharge as
sociated with industrial activities (referred to as the “Industrial General Permit”). The new Industrial General Permit, which is more stringent than the existing Industrial General Permit, became effective on July 1, 2015. Under the effective NPDES Industrial General Permit, the Project would be required to prepare a SWPPP for operational activities and implement a long-term water quality sampling and monitoring program or receive an exemption. Because the permit is dependent upon the operational activities of the buildings, and the Project’s future building occupants and their operations are not known at this time, details of the SWPPP (including BMPs) or potential exemption to the SWPPP operational activities requirement cannot be determined at this time. However, based on the requirements of the NPDES Industrial General Permit, it is anticipated that the Project’s mandatory compliance with all applicable regulations would further reduce potential water quality impacts during long-term operation.

F.1.4
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Attachment: Exhibit A to 2022-XX Moreno Valley Business Center IS MND (6001 : PEN20-0162 Moreno Business Center)

Moreno Valley Business Center Page 62 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Based on the foregoing analysis, the Project would not violate any water quality standards or waste discharge requirements during long-term operation. Impacts would be less than significant.

b) Substantially decrease groundwater supplies or
interfere substantially with groundwater
recharge such that the project may impede
sustainable groundwater management of the
basin?

Response: The Project Applicant does not propose the use of any wells or other groundwater extraction activities on the Project site. Therefore, the Project would not directly extract groundwater resources.

Accordingly, implementation of the proposed Project has no potential to substantially deplete or decrease groundwater supplies and the Project’s impact to groundwater supplies would be less than significant.

Development of the Project would increase impervious surface coverage on the property, which would reduce the amount of water percolating down into the underground aquifer that underlies the Project site and a majority of the City. However, and as noted in the City’s General Plan EIR, the impact of an incremental reduction in groundwater would not be significant as domestic water supplies are not reliant on groundwater as a primary source (Moreno Valley, 2021b, p.4.10-15). Additionally, water captured by the proposed Project’s infiltration chamber s and landscaped areas would have the opportunity to percolate into the ground. With buildout of the Project, the local groundwater levels would not be substantially adversely affected. Accordingly, buildout of the Project would not interfere substantially with groundwater recharge.

For the reasons stated above, the Project would neither substantially deplete groundwater supplies nor interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. Impacts would be less than significant.

c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i) Result in substantial erosion or siltation on - or
off-site?
Response: Under existing conditions, the Project s ite is divided into two drainage zones. Runoff from the northwestern portion of the site sheet flows southwest onto Day Street and the remaining runoff from the southeastern portion of the site sheet flows in a southerly direction onto Alessandro Boulevard (Thienes Engineering, 2021).

The Project would mass grade the entire property and construct one light industrial building and associated improvements, which would change the site’s existing ground contours and alter the existing drainage patterns interior to the Project site. Upon buildout of the Project, stormwater flow generated on the Project site would be discharged into a new underground storm drain pipe and would no longer be discharged as surface flow Day Street and Alessandro Boulevard (Thienes Engineering, 2021).

Although the Project would alter the subject property’s drainage patterns, such changes would not result in substantial erosion or siltation on- or off-site. Under post -development conditions, a majority of the site would be covered with impervious surfaces and, therefore, the amount of exposed soils on the Project site would be minimal. Also, as discussed under Response X(a), the Project would construct an integrated storm drain system on -site with BMPs to minimize the amount of water- borne pollutants carried from the Project site. The BMPs proposed by the Project, including a truck court and underground infiltration chambers are highly effective at removing sediment from stormwater runoff flows (Thienes Engineering, 2020, p. 18) . Therefore, stormwater runoff flows leaving the Project site would not carry substantial amounts of sediment. Once stormwater runoff leaves the Project site, it would be discharged to an underground storm drain system that terminates with a controlled flow discharge device (“bubbler”) within an existing drainage swale. Because stormwater runoff from the Project site would be discharged with a relatively low flow rate within an existing drainage facility, there is no potential for the Project’s stormwater runoff to result in substantial erosion as it leaves the Project site. Accordingly, F.1.4
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Moreno Valley Business Center Page 63 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
implementation of the Project would not result in substantial erosion or siltation on- site or off-site, and a less-than-significant impact would occur.

ii) Substantially increase the rate or amount of
surface runoff in a manner which would result in
flooding on- or offsite?

Response: Proposed grading and earthwork activities on the Project site would alter the site’s existing drainage patterns but would not substantially alter the drainage pattern of the local area, as flows would continue to travel westerly within Alessandro Boulevard with implementation of the Project (although with the Project, flows from the Project site would travel beneath Alessandro Boulevard within a new storm drain while existing flows travel along Alessand ro Boulevard as surface sheet flow. Under long- term development conditions, and with on- site detention during peak storm events , runoff flows discharged from the Project site would be equal to existing conditions (for the 2- year storm event) or less than existing conditions (for the 10-year and 100-year storm events, respectively) (Thienes Engineering, 2021, p. 7). Accordingly, implementation of the Project would not substantially increase the rate or amount of surface water runoff discharged from the site in a manner that would result in flooding on- or off- site.

Impacts would be less than significant.

iii) Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted runoff?

Response: The Project’s storm drain system would be sized and designed in accordance with the area’s master drainage plan to ensure that off -site flows that are conveyed through the Project site and flows originating off-site are discharged from the site at a volume and rate that can be accommodated by existing and planned downstream storm drain facilities (Thienes Engineering, 2021, p. 7).

As discussed under Response X (a), the Project Applicant would be required to comply with a future SWPPP and the Project’s WQMP ( Technical Appendix I1 ), which identify required BMPs to be incorporated into the Project to ensure that near -term construction activities and long -term post - development activities of the proposed Project would not result in substantial amounts of polluted runoff.

Therefore, with mandatory compliance with the Project’s SWPPP and WQMP, the proposed Project would not create or contribute substantial additional sources of polluted runoff, and impacts would be less than significant.

iv) Impede or redirect flood flows?
Response: According to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) No. 06065C0745G, the Project site is located within “Zone X (unshaded)”, which are areas with a 0.2% chance of annual flood (FEMA, 2008). The Zone X (unshaded) designation is considered to be an area of minimal flood hazard and is not considered a special flood hazard area. Accordingly, the Project site is not expected to be inundated by flood flows during the lifetime of the Project and the Project would not impede flood flows. No impact would occur.

d) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation?
Response: The Pacific Ocean is located approximately 40 miles southwest of the Project site (Google Earth Pro, 2020); 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 nearest large body of water to the Project site is Lake Perris, which is located approximately 6.0 miles southeast of the Project site and too far from the site to inundate the site in the event of a seiche. According to City of Moreno Valley General Plan FEIR Figure 4.10-3 , FEMA Floodplains and Floodways , the Project site is not located in an identified inundation area (Moreno Valley, 2021b); therefore, risk of inundation by dam failure is low. Additionally, there are no levees in the vicinity of the Project site. No impact would occur.

F.1.4
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Attachment: Exhibit A to 2022-XX Moreno Valley Business Center IS MND (6001 : PEN20-0162 Moreno Business Center)

Moreno Valley Business Center Page 64 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
e) Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater management plan?

Response: The Project site is located within the Santa Ana River Basin and Project-related construction and operational activities would be required to comply with the Santa Ana RWQCB’s Santa Ana River Basin Water Quality Control Plan by preparing and adhering to a SWPPP and WQMP. Implementation of the Project would not conflict with or obstruct the Santa Ana River Basin Water Quality Control Plan and impacts would be less than significant.

Additionally, as discussed under Response X(a) above, the Project would not substantially decrease groundwater supplies nor interfere substantially with groundwater recharge and, therefore, is not expected to conflict with or obstruct a sustainable groundwater management plan. Further, BSMWC produces potable groundwater from the San Bernardino – Riverside Groundwater Basin – South, which is an adjudicated basin (DWR, n.d.) . Adjudicated basins are exempt from the 2014 Sustainable Groundwater Management Act (SGMA) requi rement to develop Groundwater Sustainability Plan because such basins already operate under a court -ordered water management plan to ensure their long-term sustainability. No component of the Project would obstruct with or prevent implementation of the management plan for the San Bernardino – Riverside Groundwater Basin – South. As such, the Project’s construction and operation would not conflict with any sustainable groundwater management plan. Impacts would be less than significant.

Sources:

1. Thienes Engineering, 2020a, Preliminary Hydrology Calculations, Technical Appendix I1

2. Thienes Engineering, 2020b, Project-Specific Water Quality Management Plan, Technical Appendix I2

3. Federal Emergency Management Agency (FEMA) – Flood Map Service Center: Flood Insurance Rate Map No. 06065C0745G, https://msc.fema.gov/portal/home

4. Final Environmental Impact Report City of Moreno Valley General Plan 2040 • Section 4.10 – Hydrology/Water Quality
- Figure 4.10-3 – FEMA Floodplains and Floodway

5. Google Earth Pro

6. Department of Water Resources, Adjudicated Basins Annual Reporting, https://sgma.water.ca.gov/webgis/index.jsp?appid=adjbasin

XI. LAND USE AND PLANNING – Would the project:
a) Physically divide an established community?
Response: Development of the Project would not physically disrupt or divide the arrangement of an established community. Under existing conditions, the Project site is bordered by Sherman Avenue to the north; Day Street to the west; Alessandro Boulevard to the south; and several residential homes to the east. The homes to the east are separated from the site by existing fencing. Accordingly, the Project would not physically divide an established community because the site is already physically separated from abutting properties. Furthermore, the Project site is not needed for access to any surrounding properties and development of the Project would not isolate an existing surrounding use. No impact would occur.

b) 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?

Response: The Project would develop the subject property in accordance with its underlying General Plan land use and zoning designations and would comply with all applicable policies contained in the General Plan as well as all applicable zoning regulations/development standards contained in the Municipal Code. Because the Project would have no conflict with the General Plan and/or zoning regulations, no significant environmental impact would occur from such a conflict. As disclosed throughout this IS/MND , all Project impacts would be reduced to less than significant levels after F.1.4
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Attachment: Exhibit A to 2022-XX Moreno Valley Business Center IS MND (6001 : PEN20-0162 Moreno Business Center)

Moreno Valley Business Center Page 65 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
mitigation; therefore, there is no potential for the Project to cause a significant environmental impact due to a conflict with any goals, objectives, and policies of applicable land use plans, including the SCAQMD’s AQMP (there would be no conflict after mitigation, as discussed in Response III(a)), SCAG’s Connect SoCal 2020-2045 RTP/SCS, and SCAG’s Regional Comprehensive Plan. Impacts would be less than significant.

Sources:

1. Moreno Valley Zoning Map, https://www.moval.org/city_hall/general-plan2040/NewZoning.pdf

2. Moreno Valley Adopted Land Use Map, https://www.moval.org/city_hall/general-plan2040/GP- LandUseMap.pdf

3. Google Earth Pro

XII. MINERAL RESOURCES – Would the project:
a) Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state?

Response: The Project site is not located within an area known to be underlain by regionally- or locally- important mineral resources (Moreno Valley, 2021b, p. 4.12-4). Implementation of the proposed Project would not result in the loss of availability of a known mineral resource that would be of value to the region or the residents of the State of California. In addition, the City’s General Plan EIR does not identify any locally-important mineral resource recovery sites on -site or within proximity to the Project site (Moreno Valley, 2021b, p. 4.12-4). Accordingly, no impact would occur.

b) Result in the loss of availability of a locally-
important mineral resource recovery site
delineated on a local general plan, specific plan,
or other land use plan?

Response: Refer to Response XII(a), above. Implementation of the proposed Project would not result in the loss of a locally-important mineral resource recovery site. No impact would occur.

Sources:

1. Final Environmental Impact Report City of Moreno Valley General Plan 2040 • Section 4.12 – Mineral Resources

XIII. NOISE – Would the project result in:
a) 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?

Response: A Noise Impact Analysis (Urban Crossroads, 2021e) was prepared for the Project by Urban Crossroads to evaluate Project-related long-term operational and short-term construction noise impacts.

Additionally, Urban Crossroads prepared a supplemental noise analysis (Urban Crossroads, 2022c) to evaluate short-term impacts from the construction of the Project’s off-site improvements. These reports are included as Technical Appendices J1 and J2 to this IS/MND and their findings are incorporated into the analysis presented herein.

The analysis presented below s ummarizes the Project’s potential construction noise levels and operational noise levels. The detailed noise calculations for the analysis presented here are provided in Appendices 7.1 and 8.1 of Technical Appendix J1.

F.1.4
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Attachment: Exhibit A to 2022-XX Moreno Valley Business Center IS MND (6001 : PEN20-0162 Moreno Business Center)

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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact

Construction Noise Impact Analysis
Construction activities on the Project site would create temporary periods of noise when heavy construction equipment is in operation and would cause a short -term increase in ambient noise levels.

Maximum daytime construction noise levels at repr esentative sensitive receptor locations near the Project site are summarized in Table 8, Daytime Construction Equipment Noise Level Summary. Exhibit 8-A of the Noise Impact Analysis ( included as Technical Appendix J1 to this IS/MND) illustrate the receptor locations for this analysis.

Table 8: Daytime Construction Equipment Noise Level Summary Receiver
Location1
Construction Noise Levels (dBA Leq)
Site
Preparation Grading Building
Construction Paving Architectural
Coating
Highest
Levels2
R1 63.7 61.9 60.0 59.6 53.6 63.7
R2 65.0 63.2 61.3 60.9 54.9 65.0
R3 67.2 65.4 63.5 63.1 57.1 67.2
R4 62.0 60.2 58.3 57.9 51.9 62.0
at 200' 62.3 60.5 58.6 58.2 52.2 62.3
Source: (Urban Crossroads, 2021e, Table 8-2)
1 Noise receiver locations are shown on Exhibit 8-A of Technical Appendix J1. 2 Highest construction noise level calculations based on distance from the construction noise source activity to the nearest receiver locations as shown on Table 9. CadnaA construction noise model inputs are included in Appendix

8.1 of Technical Appendix J1.

As shown on Table 8, daytime construction noise levels at the Project Site are expected to range from

62.0 to 67.2 A-weighted decibels (dBA) equivalent sound level (Leq) at nearby receiver locations and 62.3 dBA L eq at 200 feet from the Project sit e. Pursuant to Moreno Valley Municipal Code Section

11.80.030(C), a significant impact would occur if Project construction activities were to generate daytime noise levels of 65.0 dBA Leq or higher when measured at 200 fee t from the Project site boundary.

Because Project construction activities would only result in noise levels of 6 2.3 dBA Leq or less at a distance of 200 feet from the Project site, construction activities on the Project site would not exceed the standard established by the Moreno Valley Municipal Code. Construction of the Project’s off -site improvements would result in noise levels of 63.3 dBA Leq or less at a distance of 200 feet from the work area and would not exceed the standard established by the Moreno Valley Municipal Code (Urban Crossroads, 2022c, p. 3). Impacts during daytime construction activities would be less than significant.

There is the potential that specific con struction activities (i.e., concrete pouring) could occur on the Project site outside of the construction hours permitted by right in the Municipal Code. Pursuant to Municipal Code Section 11.80.030(D)(7), the City of Moreno Valley would be required to approve any nighttime construction activities. If nighttime construction activities were to occur, noise levels above 60 dBA Leq at a distance of 200 feet from the Project site would exceed the standards established in the City’s Municipal Code ( Section 11. 80.030(C)). The only Project construction activities that have a reasonable potential to occur during nighttime hours are concrete pouring. Noise levels for nighttime concrete pouring are listed in Table 10 below.

As shown in Table 9, nighttime concrete pouring activities would not exceed 63.1 dBA Leq at the nearby sensitive receiver locations or 58.2 dBA Leq at a distance of 200 feet from the Project site. Because potential nighttime concrete pouring activities would not exceed 60 dBA Leq at a distance of 200 feet from the Project site, Project construction would not exceed the standard established by the Moreno Valley Municipal Code. Impacts during nighttime construction activities would be less than significant.

F.1.4
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Moreno Valley Business Center Page 67 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Table 9: Nighttime Construction Equipment Noise Level Summary Receiver
Location1
Construction Noise Levels (dBA Leq)
Paving
Construction2
Nighttime
Construction
Standard3
Threshold
Exceeded?4
R1 59.6 -- No
R2 60.9 -- No5
R3 63.1 -- No5
R4 57.9 60 No
at 200' 58.2 60 No
Source: (Urban Crossroads, 2021e, Table 8-3)
1 Noise receiver locations are shown on Exhibit 8-A of Technical Appendix J. 2 Highest construction noise level calculations based on distance from the construction noise source activity to the nearest receiver locations as shown on Table 8-4 of Technical Appendix J1.
3 Per Moreno Valley Municipal Code Section 11.80.030(C), noise standard is applicable at a distance of 200 feet or farther.
4 Do the estimated Project construction noise levels exceed the construction noise level threshold?
5Receiver location is less than 200 feet.

Operational Noise Impact Analysis
Stationary (on-site) noise sources associated with long- term Project operation are expected to include idling trucks, delivery truck and automobile parking, delivery truck backup alarms, roof -mounted equipment (e.g., heating/ventilation equipment), as well as noise associated with the loading and unloading of dry goods. The daytime and nighttime stationary maximum noise levels associated with Project operation at nearby sensitive receptor locations (the same receptor locations used for the construction analysis, above) and at a distance of 200 feet from the Project site are summarized in Table 10, Operational Noise Level Compliance.

Table 10: Operational Noise Level Compliance
Receiver
Location1
Project Operational
Noise Levels (dBA Leq)2
Noise Level Standards
(dBA Leq)3
Noise Level Standards
Exceeded?4
Daytime Nighttime Daytime Nighttime Daytime Nighttime
R1 48.4 48.1 65 60 No No
R2 34.7 33.8 65 60 No No
R3 38.3 36.8 65 60 No No
R4 59.6 59.6 65 60 No No
at 200' 57.9 57.9 65 60 No No
Source: (Urban Crossroads, 2021e, Table 7-5)
1 See Exhibit 7-A of Technical Appendix J1 for the receiver locations. 2 Proposed Project operational noise levels as shown on Tables 7-3 and 7-4 of Technical Appendix J1. 3 Exterior noise level standards for source (commercial) land use per Moreno Valley Municipal Code Section

11.80.030(C)..
4 Do the estimated Project operational noise source activities exceed the noise level standards? "Daytime" = 8:00 a.m. - 10:00 p.m.; "Nighttime" = 10:01 p.m. - 7:59 a.m.

Table 10 shows the operational noise levels associated with proposed Project would comply with the City of Moreno Valley 65 dBA L eq daytime and 60 dBA Leq nighttime exterior noise level standards at a distance of 200 feet from the Project site. The Project’s operational noise would contribute up to 0.4 dBA Leq and 1.1 dBA Leq to the existing daytime and nighttime ambient noise environment, respectively, in the Project area which is not considered to be a substantial increase (Urban Crossroads, 2021e, pp. 38-39).

Based on the foregoing analysis, operation of the Project would not result in a substantial permanent increase in ambient noise levels in the vicinity of the Project in excess of applicable City of Moreno Valley standards. Impacts would be less than significant.

F.1.4
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Moreno Valley Business Center Page 68 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
b) Generation of excessive groundborne vibration
or groundborne noise levels?
Response: The analysis presented below demonstrates that implementation of the Project would not generate excessive groundborne vibration or groundborne noise levels.

Construction Analysis
Construction activities on the Project site would utilize construction equipment that has the potential to generate vibration. Table 11 , Construction Equipment Vibration Levels , below, summarizes Project construction vibration levels at the modeled receiver locations. As shown in Table 12, all receiver locations in the vicinity of the Project site would be exposed to vibration levels that fall below the City of Moreno Valley’s significance threshold at all receiver locations. Accordingly, Project construction would not generate temporary, excessive groundborne vibration or noise levels and a less than significant impact would occur.

Table 11: Construction Equipment Vibration Levels
Receiver
Location1
Distance to
Construction
Activity
(Feet)
Receiver Vibration Levels (VdB)2
Threshold
VdB3
Threshold
Exceeded?4 Small
Bulldozer
Jack-
hammer
Loaded
Trucks
Large
Bulldozer
Highest
Vibration
Levels
R1 168' 33.3 54.2 61.2 62.2 62.2 78 No
R2 122' 37.3 58.3 65.3 66.3 66.3 78 No
R3 105' 39.3 60.3 67.3 68.3 68.3 78 No
R4 232' 29.0 50.0 57.0 58.0 58.0 78 No
at 200' 200' 30.9 51.9 58.9 59.9 59.9 78 No
Source: (Urban Crossroads, 2021e, Table 8-5)
1 Noise receiver locations are shown on Exhibit 8-A of Technical Appendix J1. 2 Based on the Vibration Source Levels of Construction Equipment included on Table 8-4 of Technical Appendix J1. 3 FTA Transit Noise and Vibration Impact Assessment maximum acceptable vibration criteria as shown on Table 4-1 of Technical Appendix J1.
4 Does the vibration level exceed the maximum acceptable vibration threshold?

Operational Analysis
Under long-term conditions, the proposed Project would not include nor require equipment, facilities, or activities that would result in substantial or perceptible groundborne vibration. Trucks would travel to- and-from the Project site during long-term operation; however, vibration levels for heavy trucks operating at low -to-normal speeds on smooth, paved surfaces – as is expected on the Project site and along surrounding roadways – typically do not exceed 65 VdB. Truck deliveries transiting on-site would travel at very low speeds, so it is expected long-term operations at the Project site would not exceed the City’s allowable levels. Accordingly, long- term operation of the Project would not expose persons to or generate excessive groundborne vibration or groundborne noise levels, and a less -than-significant impact would occur.

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,
would the project expose people residing or
working in the project area to excessive noise
levels?

Response: The Project site is located approximately 1.0-mile northwest of the MARB/IPA. Based on the ALUCP for the MARB/IPA, the Project is located within the Airport’s 60 dBA CNEL noise level contours (RCALUC, 2014, Map MA -4), which represents an area subjected to moderate airport noise .

The light industrial land uses proposed by the Project are not sensitive to moderate airport noise and do not conflict with the ALUCP (RCALUC, 2014, Table MA-1 and Table MA-2). Accordingly, the proposed Project would not expose people residing or working the Project area to excessive noise levels from a public airport; therefore, impacts would be less-than-significant.

F.1.4
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Attachment: Exhibit A to 2022-XX Moreno Valley Business Center IS MND (6001 : PEN20-0162 Moreno Business Center)

Moreno Valley Business Center Page 69 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Sources:

1. Moreno Valley General Plan 2040
• Chapter 7 – Noise Element
- Map N-3 – Future Noise Contours

2. Final Environmental Impact Report City of Moreno Valley General Plan 2040 • Section 4.13 – Noise
- Figure 413-3– March Air Reserve Base Noise Contours

3. Moreno Valley Municipal Code Chapter 11.80 Noise Regulations

4. Urban Crossroads, 2021e, Moreno Valley Business Center Noise Impact Analysis, Technical Appendix J1

5. Urban Crossroads, 2022c, Moreno Valley Business Center Off-Site Improvements Noise Assessment, Technical Appendix J2

XIV. POPULATION AND HOUSING – Would the project:
a) Induce substantial unplanned population growth
in an area, either directly (for example, by
proposing new homes and businesses) or
indirectly (for example, through extension of
road or other infrastructure)?

Response: The proposed Project would result in development of the subject property with industrial land uses that would add employment opportunities to the area. It is anticipated that the employment base for both the construction and operational phases of the Project would come from the existing population in the Inland Empire, which comprises western Riverside County and southwestern San Bernardino County. According to the Bureau of Labor Statistics, the Riverside- San Bernardino-Ontario region’s civilian labor force contains approximately 2,071,914 persons with approximately 1,908,605 people employed and an unemployment rate of approximately 8% (approximately 163,309 persons) (USBLS, 2020). Accordingly, the Project region already contains an ample supply of potential employees under existing conditions and the Project’s labor demand is not expected to draw substantial numbers of new residents to the area. Furthermore, approximately 8 6% of City of Moreno Valley residents commute outside of the City for work (SCAG, 2019, p. 21) ; therefore, the Project would provide job opportunities closer to home for existing and future Moreno Valley residents.

There are no components of the Project that would reasonably result in indirect or unplanned population growth because the surrounding area is mostly developed under existing conditions or approved for development. The Project would install new/expanded infrastructure; however, this infrastructure would either be master-planned facilities (meaning the facilities would be installed with or without the Project), upgrades to existing facilities that are needed to correct service deficiencies (meaning that the quality of existing service would improve but no additional system capacity would be added), or would be private facilities for the sole use of the Project (meaning they would not be available for general public use).

Accordingly, no significant indirect impacts associated with population growth would result from any Project-related improvements because the Project and its required improvements would not induce substantial growth on surrounding properties.

Based on the foregoing analysis, neither the Project nor any Project -related component would result in substantial, direct, or indirect population growth that would cause a significant direct or indirect impact to the environment. This impact is less than significant.

b) Displace substantial numbers of existing people
or housing, necessitating the construction of
replacement housing elsewhere?

Response: The Project site does not contain any residential structures and no people live on the site under existing conditions. Accordingly, implementation of the Project would not displace substantial numbers of existing housing or people and would not necessitate the construction of replacement housing elsewhere. No impact would occur.

F.1.4
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Moreno Valley Business Center Page 70 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Sources:

1. Google Earth Pro

2. Southern California Association of Governments (SCAG) – Profile of the City of Moreno Valley, https://www.scag.ca.gov/Documents/MorenoValley.pdf

3. United States Bureau of Labor Statistics – Riverside-San Bernardino-Ontario, CA Economy at a Glance on October 2020,
https://www.bls.gov/eag/eag.ca_riverside_msa.htm#eag_ca_riverside_msa.f.p

XV. PUBLIC SERVICES – Would the project:
a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
i) Fire protection?
Response: Fire protection services to the Project site are provided by the Moreno Valley Fire Department (MVFD). The Project site is served by the Towngate Fire Station (Station No. 6) located at 22250 Eucalyptus Avenue, approximately 1.4 roadway miles to the north of the Project site. Based on the Project site’s proximity to existing fire protection facilities, the Project is expected to be adequately served by existing fire protection services, and no new or expanded facilities would be required. The Project Applicant is required to comply with the provisions of the City of Moreno Valley’s Development Impact Fee (DIF) Ordinance (Ordinance No. 695), which requires a fee payment that the City applies to the funding of fire protection facilities. The City will collect DIF from the Project Applicant at the time of building permit issuance (based on building square footage). The Project’s payment of DIF, as well as increased tax revenues that would result from development of the Project, would be used by the City to help pay for fire protection services and other public services.

The Project would incorporate fire prevention and fire suppression design features to minimize the potential demand placed on the MVFD . The proposed warehouse distribution building would be of concrete tilt-up construction. Concrete is non-flammable and concrete tilt-up buildings have a lower fire hazard risk than wood-frame construction. The Project also would install fire hydrants on-site and would provide paved primary and secondary emergency access to the Project site to support the MVFD in the event fire suppression activities are needed on-site. Lastly, the proposed warehouse distribution building would be equipped with fire sprinklers in accordance with the California and Moreno V alley building codes. Based on its size and scale, the proposed building would likely feature Early Suppression, Fast Response (ESFR) ceiling mounted fire sprinklers (or a comparable fire suppression system) that exceed the fire protection of traditional sprinkler systems. ESFR high output, high volume systems are located in ceiling spaces as with conventional fire sprinkler systems, but they incorporate large, high- volume, high-pressure heads to provide the necessary fire protection for industrial buildings that may contain high-piled storage. While most other sprinklers are intended to control the growth of a fire, an ESFR sprinkler system is designed to suppress a fire. To suppress a fire does not necessarily mean it will extinguish the fire but rather it is meant to "knock" the fire back down to its source, making it more manageable for the MVFD to extinguish.

Based on the foregoing, the Project incorporates several design features to minimize fire hazards.

Additionally, the Project would receive adequate fire protection service and would not result in the need for new or physically altered fire protection facilities and the Project Applicant would pay DIF and the Project would generate other revenues (e.g., tax) that would help offset the Project’s demand for fire protection services. Impacts to fire protection facilities would be less than significant.

ii) Police protection?
Response: The Project would introduce a new building structure and employees to the Project site, which would result in an incremental increase in demand for police protection services, but is not anticipated to require or result in the construction of new or physic ally altered police facilities.

Furthermore, prior to the issuance of building permits, the Project Applicant would be required to comply F.1.4
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
with the provisions of Moreno Valley’s Development Impact Fee (DIF) Ordinance (Ordinance No. 695) .

This ordinance requires a fee payment that the City applies to the funding of public facilities, including police protection facilities. The City will collect the Project’s DIF share from the Project Applicant at the time of building permit issuance (based on building square footage). The Project’s payment of DIF fees, as well as increased tax revenues that would result from development of the Project, would be used by the City to help pay for police protection services and other public services. Based on the foregoing, the proposed Project would receive adequate police protection service, and would not result in the need for new or physically altered police protection facilities. Impacts to police protection facilities would therefore be less than significant.

iii) Schools?
Response: Implementation of the Project would not create a direct demand for public school services, as the subject property would contain non- residential uses and would not generate any school -aged children requiring public education. The addition of employment -generating uses on the Project site would assist the City in achieving its goal to provide a better jobs/housing balance within the City and the larger western Riverside County region; therefore, t he proposed Project is not expected to draw a substantial number of new residents to the region and would therefore not indirectly generate school - aged students requiring public education. Because the proposed Project would not directly generate students and is not expected to indirectly draw students to the area, the proposed Project would not cause or contribute to a need to construct new or physically altered public school facilities. Although the Project would not create a demand for additional public school services, the Project Applicant would be required to contribute development impact fees to the Moreno Valley Unified School District in compliance with California Senate Bill 50 (Greene), which allows school districts to collect fees from new developments to offset the costs associated with increasing school capacity needs. Mandatory payment of school fees would be required prior to the issuance of building permits. Impacts to public schools would be less than significant.

iv) Parks?
Response: As discussed under Responses XVI(a) and XV I(b) below, the Project would not create a demand for public park facilities and would not result in the need to modify existing or construct new park facilities. Accordingly, implementation of the Project would not adversely affect any park facility. Thus, no impact would occur.

v) Other public facilities?
Response: The Project is not expected to result in a demand for other public facilities/services, including libraries, community recreation centers, post offices, and/or animal shelters. As such, implementation of the Project would not adversely affect other public facilities or require the construction of new or modified public facilities and no impact would occur.

Sources:

1. Moreno Valley Fire Department – Strategic Plan 2012-2022

2. California Legislative Information – Senate Bill 50 (Greene), Approved August 27, 1998, http://www.leginfo.ca.gov/pub/97-98/bill/sen/sb_0001-
0050/sb_50_bill_19980827_chaptered.html

3. Google Earth Pro

4. City of Moreno Valley Municipal Code
• C hapter 3.42 “Commercial and Industrial Development Impact Fees” – Ordinance 695

XVI. RECREATION – Would the project:
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility would occur
or be accelerated?

F.1.4
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Moreno Valley Business Center Page 72 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Response: The Project would develop the subject property with industrial land uses. The Project does not propose any type of residential use or other land use that may generate a population that would increase the use of existing neighborhood and regional parks or other recreational facilities. Accordingly, implementation of the proposed Project would not result in the increased use or substantial physical deterioration of an existing neighborhood or regional park, thus, no impact would occur.

b) Does the project include recreational facilities or
require the construction or expansion of
recreational facilities which have an adverse
physical effect on the environment?

Response: The Project does not propose to construct any new on - or off -site recreation facilities.

Additionally, the Project would not expand any existing off -site recreational facilities. Therefore, environmental effects related to the construction or expansion of recreational facilities would not occur.

Sources:

1. Project Application Materials – Site Plan

XVII. TRANSPORTATION – Would the project:
a) Conflict with program plan, ordinance or policy
addressing the circulation system, including
transit, roadway, bicycle and pedestrian
facilities?

Response: Pursuant to the City of Moreno Valley’s policy, as documented in their Transportation Impact Analysis Preparation Guide for Vehicle Miles Traveled and Level of Service Assessment (June 2020), the City utilizes an accepted screening threshold in the transportation engineering industry (i.e., 100 two- way peak hour trips , both actual and PCE trips ) to determine whether a development project has the potential to result in substantial adverse effects on the circulation system (Moreno Valley, 2020, p. 3).

When a development project would generate more than 100 peak hour trips, the City considers that project to be a contributor of substantial traffic to local roadways and requires additional analysis to determine whether the tr affic generated by that development project would conflict with City plans, ordinances, and/or policies related to the circulation system. However, where there are no unique circumstances that suggest unacceptable traffic conditions – such as an existing safety problem or substandard operations at nearby intersection or street – and a development project contributes less than 100 peak hour trips, the City has determined that such projects would clearly have a less -than- significant impact to plans, ordinances, and policies addressing the circulation system.

The Project is calculated to generate a maximum of 31 trips during the morning peak hour and 33 trips during the evening peak hour (Urban Crossroads, 2021f, Table 4). When weighted for “passenger car equivalent” (PCE), which converts all classifications of vehicles – including heavy trucks with multiple axles – to a single metric, the Project is calculated to generate 38 trips during the morning peak hour and 44 trips during the evening peak hour (ibid.). The City has reviewed the Project’s design proposal and reviewed traffic operations in the surrounding area and determined that: 1) the Project would not introduce any design features that would create an unsafe or adverse traffic condition in the area; 2) there are no existing safety problems in the Project vicinity; and 3) there are no substandard traffic facilities in the Project area.

In addition, the Project would not conflict with applicable objectives from the Moreno Valley General Plan Circulation Element, including Policies C.2-3, C.2-5, C.2-7, C.3-4, C.3-6, and C.4-4. In addition, Project would not conflict with the City’s Bicycle Master Plan nor with the vehicular and non-vehicular goals from SCAG’s 2016-2040 RTP/SCS, including goals to: 1) maximize mobility and accessibility for all people and goods in the region; 2) ensure travel safety and reliability for all people and goods in the region; 3) preserve and ensure a sustainable regional transportation system; 4) protect the environment and health of residents by improving air quality and encouraging active transportation; and 5) encouraging land use and growth patterns that facilitate transit and active transportation.

F.1.4
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Moreno Valley Business Center Page 73 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Based on the foregoing analysis, the City determines that the Project would not would not conflict with applicable plans, ordinances, or policies addressing the circulation system and impacts would be less than significant.

b) Conflict or be inconsistent with CEQA
Guidelines section 15064.3, subdivision (b)?
Response: SB 743, which approved in 2013, was intended to change the way transportation impacts are determined according to CEQA. Updates to the CEQA Guidelines that were adopted in December 2018 included the addition of CEQA Guidelines Section 15064.3, of which Subdivision “b” establishes criteria for evaluating a project’s transportation impacts based on project type and using automobile VMT as the metric. As a component of OPR’s revisions to the CEQA Guidelines, lead agencies were required to adopt VMT threshold s of significance by July 1, 2020. The City of Moreno Valley adopted its Transportation Impact Analysis Preparation Guide for Vehicle Miles Traveled and Level of Service Assessment in June 2020, which is used in this analysis to determine the significance of Project-related VMT.

The Project’s traffic was evaluated against screening criteria to determine if it could be determined clearly that implementation of the Project would not generate sub stantial vehicles miles traveled (VMT) – and, therefore, be consistent with CEQA Guidelines Section 15064.3 – or if additional analysis was needed to determine the significance of Project -related VMT. Pursuant to the City’s Transportation Impact Analysis Preparation Guide for Vehicle Miles Traveled and Level of Service Assessment, development projects that generate less than 400 daily traffic trips (actual trips) – like the proposed Project – would not cause or contribute to a substantial increase in the total citywide and/or regional VMT and are presumed to have a less than significant impact related to VMT (Urban Crossroads, 2021f, p. 3) .

Accordingly, implementation of the Project would not generate excessive VMT and, therefore, would not conflict with or be inconsistent with CEQA Guidelines Section 15064.3.

c) Substantially increase hazards due to a
geometric design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses
(e.g., farm equipment)?

Response: The Project’s design would direct Project truck traffic to Alessandro Boulevard and Project passenger vehicle traffic to Alessandro Boulevard, Day Street, and Sherman Avenue; thus, the types of traffic generated during operation of the Project would be compatible with the type of traffic observed along these roadways under existing conditions. In addition, all proposed improvements within the public right-of-way would be installed in conformance with City of Moreno Valley design standards. The City reviewed the Project’s application materials and determined that no hazardous transportation design features would be introduced through implementation of the Project. Accordingly, the Proj ect’s construction and operation would not create or substantially increase safety hazards due to a design feature or incompatible use. Implementation of the Project would result in a less-than-significant impact.

d) Result in inadequate emergency access?
Response: The Project would result in the construction of one light industrial building on the Project site, which would require the need for emergency access to-and-from the site. During the course of the City of Moreno Valley’s review of the proposed Project, the Project’s design was reviewed to ensure that adequate access to -and-from the site is provided for emergency vehicles. The Project would not construct any improvements within the public right of way that would adversely affect local circulation/access or hinder emergency response. Furthermore, the City of Moreno Valley will review all future Project construction drawings to ensure that adequate emergency access is maintained along abutting public streets during temporary construction activities. With required adherence to City requirements for emergency vehicle access, impacts would be less than significant.

Sources:

1. Urban Crossroads, 2021 f, Moreno Valley Business Center Project Scoping Form , Technical Appendix K1
F.1.4
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Moreno Valley Business Center Page 74 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact

2. Urban Crossroads, 202 1g, Moreno Valley Business Center Vehicle Miles Trave led Analysis, Technical Appendix K2

XVIII. TRIBAL CULTURAL RESOURCES – Would the project:
a) 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 resource to a
California Native American tribe.

Response: A Phase I Cultural Resources Study ( Technical Appendix C) was prepared for the Project site by BFSA. The Phase I Cultural Resources Study included a records search with the EIC at University of California Riverside (UCR) in order to assess previous archaeological studies and identify any previously recorded tribal cultural resources within the Project site. Additionally, as part of preparation of the Phase I Cultural Recourses Study, BFSA also requested a records search of the Native American Heritage Commission (NAHC) Sacred Lands Files (SLF). According to BFSA’s search of EIC records and NAHC SLFs, no tribal cultural resources listed or eligible for listing in the California Register of Historical Resources or in a local register of historical resources are present on the Project site or previously recorded on the Project site (BFSA, 2020, p p. 1.0-1, 5.0-1). In addition, the Project site is highly disturbed and no tribal cultural resources were observed on the Project site or in the Project site’s immediate vicinity (ibid.).

As part of the AB 52 consultation process required by State law, the City of Moreno Valley sent notification of the Project to Native American tribes with possible traditional or cultural affiliation to the Project area. In response to the AB 52 consultation invitation, five tribes contacted the City to request formal consultation. The City met with each tribe and concluded tribal consultation on June 16, 2021.

During the course of the tribal consultation process, no Native American tribe provided the Cit y with substantial evidence indicating that tribal cultural resources, as defined in Public Resources Code section 21074, are present on the Project site or have been found previously on the Project site. Notwithstanding, due to the Project site’s location in an area where multiple Native American tribes are known to have a cultural affiliation, there is the possibility that prehistoric archaeological resources, including tribal cultural resources, could be encountered during ground -disturbing construction activities – although this is considered unlikely due to the pervasive, historic and on- going disturbances that have occurred on the Project site. Were a tribal cultural resource, as defined in Public Resources Code Section 21074, to be found on the Project site during construction – and not protected – a significant impact would occur.

Implementation of MMs CR -1 through CR-9, would ensure the proper identification and subsequent treatment of any significant tribal cultural resources that may be encountered during ground- disturbing activities associated with 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.

F.1.4
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Moreno Valley Business Center Page 75 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Sources:

1. Brian F. Smith and Associates, Phase I Cultural Resources Survey for the Moreno Valley Business Center Project, Technical Appendix C

XIX. UTILITIES AND SERVICE SYSTEMS – Would the project:
a) Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water drainage,
electric power, natural gas, or
telecommunications facilities, the construction
or relocation of which could cause significant
environmental effects?

Response: The Project would construct an on-site network of water and sewer pipes that would connect to existing water and sewer facilities that abut the Project site, also, would construct off-site improvements that would include a new public water pump and a storm segment that would connect the Project site to existing storm drain facilities beneath Old 215 Frontage Road. The Project also would install connections to existing electricity, natural gas, and communications infrastructure that already exist in the area, and all such connections would be accomplished in conformance with the rules and standards enforced by the applicable service provider. The installation of water and sewer line connections, stormwater drainage facilities, electricity, natural gas, and communications infrastructure as proposed by the Project would result in physical impacts to the environment; however, these impacts are considered to be part of the Project’s construction phase and are evaluated throughout this IS/MND accordingly. In instances where significant environmental impacts have been identified for the Project’s construction phase, mitigation measures are recommended in each applicable subsection of this IS/MND to reduce impacts to less -than-significant levels. The construction of utility infrastructure necessary to serve the proposed Project would not result in any significant physical effects on the environment that are not already identified and disclosed as part of this IS/ MND. Accordingly, additional mitigation measures beyond those identified throughout this IS/MND would not be required.

b) Have sufficient water supplies available to serve
the project and reasonably foreseeable future
development during normal, dry and multiple
dry years?

Response: Relying on water usage factors from the Moreno Valley General Plan EIR, the Project would demand approximately 9.75 acre- feet of water per year, which is less than the annual 117 -acre-foot demand of the site’s planned land use under existing conditions (i.e., mul ti-family land uses developed at 30 dwelling units per acre) (Moreno Valley, 2006b, Table 5.13 -8). The BSMWC is responsible for supplying potable water to the Project site and its region. BSMWC receives approximately 60% of its supply from groundwater and purchases approximately 40% of its supply from the Western Municipal Water District (WMWD) (WMWD, 2016, p. 3-5). The BSMWC is not known to have any issues with its existing or projected future water supply and the WMWD is projected to adequate water supplies are projected to be available to meet WMWD’s estimated water demand through 2040 under normal, historic single-dry and historic multiple- dry year conditions – based on population projects that utilize adopted land use regulations contained within the general plans that cover their geographic service areas (WMWD, 2016, Table 7- 3, Table 7-5, and Table 7- 7). Because local water providers are expected to have sufficient water supplies to meet projected future year demands and because the Project would actually reduce projected future year demands, local water providers would have sufficient water supplies available to serve the Project from existing entitlements/resources and no new or expanded entitlements are needed. The Project’s impact would be less than significant.

c) Result in a determination by the wastewater
treatment provider which serves or may serve
the project that it has adequate capacity to serve
the project's projected demand in addition to the
provider's existing commitments?

F.1.4
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Response: Wastewater generated by the Project would be conveyed by the ECSD, which is under contract with the City of Riverside and transmits sewage to the City of Riverside’s Regional Water Quality Control Plant (RWQCP). Based upon ECSD’s wastewater generation rate of 2,000 gallons per day (gpd) per acre for industrial light land uses, the proposed Project would generate approximately 16,120 gallons of wastewater per day ( 2,000 gpd per acre × 7.8 Project acres (net) = 15,500 gpd). Under existing conditions, the City of Riverside’s RWQCP has an excess treatment capacity of approximately 18.6 million gallons per day (mgpd) (46 mgpd treatment capacity – 27.4 mgpd influent flows = 18.6 mi llion gallons excess treatment capacity) (City of Riverside, 2019, Vol. 4, pp. 1-1 & 1-2). Implementation of the Project would utilize approximately 0. 09% of the City of Riverside’s RWQCP daily excess treatment capacity. Accordingly, the City of Riversid e’s RWQCP has sufficient capacity to treat wastewater generated by the Project in addition to existing commitments. The Project would not create the need for any new or expanded wastewater facility. Because there is adequate capacity at existing treatment facilities to serve the Project’s projected sewer demand, impacts would be less than significant.

d) 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?

Response: Implementation of the Project would generate an incremental increase in solid waste volumes requiring off -site disposal during short -term construction and long- term operational activities.

Solid waste generated by the Project would be disposed at the El Sobrante Landfill and/or the Badlands Sanitary Landfill.

The El Sobrante Landfill is permitted to receive 16,054 tons of refuse per day and has a total capacity of 209,910,000 cubic yards. According the CalRecycle, the El Sobrante Landfill has a total remaining capacity of 143,977,170 cubic yards. The El Sobrante Landfill is estimated to reach capacity, at the earliest time, in the year 2051 (CalRecycle, 2019a). In October 2020 (the most recent period for which disposal volumes are available), the average daily disposal at the El Sobrante Landfill was approximately 10,513.12 tons, which correlates to an excess daily disposal capacity of approximately 5, 540.88 tons (CalRecycle, 2020a).

The Badlands Sanitary landfill is permitted to accept a maximum of 4,800 tons of solid waste per day. In October 2020, the most recent time period for which disposal data was publicly available, the Badlands Sanitary Landfill was receiving an average of 2,896.83 tons of waste per day, which correlates to an excess daily disposal capacity of approximately 1,903.17 tons (CalRecycle, 2020b) . The Badlands Sanitary Landfill has available capacity until at least the year 2021; however, future landfill expansion opportunities may exist at this site. (CalRecycle, 2019b)

The analysis below summarizes the Project’s potential to generate solid waste during construction and/or operation that would exceed the disposal capacity of local landfill facilities. As demonstrated in the analysis below, the Project would generate less-than-significant volumes of solid waste.

Construction Impact Analysis
Based on the United States Environmental Protection Agency’s (U.S. EPA) construction waste generation factor of 4.34 pounds of solid waste generated for the construction of every 1 s.f. for non - residential uses, Project construc tion is estimated to generate approximately 35 7 tons of solid waste. ([164,187 s.f. × 4.34 pounds per s.f.] ÷ 2,000 pounds per ton = 357 tons) (EPA, 2009, Table A -2).

CalGreen requires a minimum of 65% of all construction waste be diverted from landfills (by recycling, reusing, and other waste reduction strategies); therefore, the Project is estimated to generate approximately 125 tons of construction waste requiring landfill disposal (35 7 tons × 0.35 = 125 tons).

The Project’s construction phase is estimated to last for up to 280 work days; therefore, the Project is estimated to generate approximately 0.45 tons of solid waste per work day (125 tons ÷ 280 days = 0.45 tons per day) requiring landfill during construction.

Non-recyclable construction waste generated by the Project would be disposed at the El Sobrante Landfill or Badlands Sanitary Landfill. As described above, these landfills receive well below their F.1.4
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
maximum permitted daily disposal volume; thus, the relatively minimal construction waste generated by the Project is not anticipated to cause the landfills to exceed their maximum permitted daily disposal volume. (Project construction waste would represent less than 0.01% of the excess disposal capacity at the El Sobrante Landfill and approximately 0.0 2% of the excess disposal capacity at the Badlands Sanitary Landfill.) Furthermore, the El Sobrante Landfill and Badlands Sanitary Landfill are not expected to reach its total maximum permitted disposal capacities during the Project’s construction period. The El Sobrante Landfill and Badlands Sanitary Landfill have sufficient daily capacity to accept solid waste generated by the Project’s construction phase; therefore, impacts to landfill capacity associated with the Project’s near-term construction activities would be less than significant.

Operational Impact Analysis
Based on a daily waste generation factor of 1.42 pounds of waste per 100 square feet of industrial building area obtained from CalRecycle, long- term, on-going operation of the Project would generate approximately 1.17 tons of solid waste per day ([[1.42 pounds ÷ 100 s.f.] × 164,187 s.f.] ÷ 2,000 pounds = 1.17 tons per day) (CalRecycle, 2019c). Pursuant to AB 939, at least 50 percent of the Project’s solid waste is required to be diverted from landfills; therefore, the Project would generate approximately 0.59 tons of solid waste per day requiring landfilling (1.17 tons per day × 50% = 0.59 tons per day).

Non-recyclable solid waste generated during long-term operation of the Project would be disposed at the El Sobrante Landfill and the Badlands Sanitary Landfill. As described above, these landfills receive well below their maximum permitted daily disposal volume; thus, waste generated by the Project’s operation is not anticipated to cause the landfills to exceed their maximum permitted daily disposal volume. (Project operational rate would represent approximately 0. 01% of the daily excess disposal capacity at the El Sobrante Landfill and approximately 0.03% of the daily excess disposal capacity at the Badlands Sanitary Landfill.) Because the Project would generate a relatively small amount of solid waste per day as compared to the permitted daily capacities at the receiving landfills, impacts to the El Sobrante Landfill and Badlands Sanitary Landfill facilities during the Project’s long-term operational activities would be less than significant.

e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?

Response: The California Integrated Waste Managemen t Act (AB 939), signed into law in 1989, established an integrated waste management system that focused on source reduction, recycling, composting, and land disposal of waste. In addition, the bill established a 50 percent waste reduction requirement for cities and counties by the year 2000, along with a process to ensure environmentally safe disposal of waste that could not be diverted. Per the requirements of the Integrated Waste Management Act, the Riverside County Board of Supervisors adopted the Coun ty of Riverside Countywide Integrated Waste Management Plan (CIWMP), which outlines the goals, policies, and programs the County and its cities implement to create an integrated and cost -effective waste management system that complies with the provisions of AB 939 and its diversion mandates. (RCDWR, 2020)

In order to assist the City of Moreno Valley and the County of Riverside in achieving the mandated goals of the Integrated Waste Management Act, the Project’s building user(s) would be required to work with future refuse haulers to develop and implement feasible waste reduction programs, including source reduction, recycling, and composting. Additionally, in accordance with the California Solid Waste Reuse and Recycling Act of 1991 (Cal Pub Res. Code § 42911), the Project is required to provide adequate areas for collecting and loading recyclable materials where solid waste is collected. The collection areas are required to be shown on construction drawings and be in place before occupancy permits are issued. (CA Legislative Information, 2005) Additionally, in compliance with AB 341 (Mandatory Commercial Recycling Program), the future occupant(s) of the proposed Project would be required to arrange for recycling services, if the occupant generates four (4) or more cubic yards of solid waste per week (CA Legislative Information, 2011). The implementation of these mandatory requirements would 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. The Project would be required to comply with all applicable F.1.4
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
solid waste statutes and regulations; as such, impacts related to solid waste statutes and regulations would be less than significant.

Sources:

1. California Legislative Information – Assembly Bill 341 Solid Waste: Diversion, Approved October 5, 2011, https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201120120AB341

2. California Legislative Information – Public Resources Code § 42911 – California Solid Waste Reuse and Recycling Access Act of 1991, Effective January 1, 2005, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PRC&sectionNu m=42911.

3. City of Riverside, 2019. Update Of The Integrated Master Plan For The Wastewater Collection And Treatment Facilities, Volume 4. Available at:
https://riversideca.gov/publicworks/sewer/master-
plan/2019%20Sewer%20Master%20Plan%20Volume%204.pdf. Accessed: March 8, 2021.

4. Riverside County Department of Waste Resources – Countywide Integrated Waste Management Plan, 2020, https://www.rcwaste.org/business/planning/ciwmp

5. CalRecycle – SWIS Site/Facility Details: El Sobrante Landfill. Available at:
https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/2280?siteID=2402. Accessed October 19, 2020. (CalRecycle, 2019a)

6. CalRecycle – Daily Landfilled Tonnage & Total Traffic By Site: El Sobrante, October 2020. (CalRecycle, 2020a)

7. CalRecycle – SWIS Site/Facility Details: Badlands Sanitary Landfill. Available at:
https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/2245?siteID=2367. Accessed October 19, 2020 (CalRecycle, 2019b)

8. CalRecycle – Daily Landfilled Tonnage & Total Traffic By Site: Badlands, October 2020. (CalRecycle, 2020b)

9. CalRecycle – Estimated Solid Waste Generation Rates. Available at:
https://www2.calrecycle.ca.gov/WasteCharacterization/General/Rates. Accessed: December 15, 2020.

XX. WILDFIRE – If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and thereby
expose project occupants to, pollutant
concentrations from a wildfire or the
uncontrolled spread of a wildfire?

c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines
or other utilities) that may exacerbate fire risk or
that may result in temporary or ongoing impacts
to the environment?

d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post -fire slope
instability, or drainage changes?

Response: The Project site is not located in or near state responsibility areas (SRA) or lands within a very high fire hazard severity zone (CalFire, 2007); therefore, the Project would not exacerbate wildfire hazard risks or expose people or the environment to adverse environmental effects related to wildfires.

As such, no impact would occur.

F.1.4
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Sources:

1. California Department of Forestry and Fire Protection – Western Riverside County Fire Hazard Severity Zones in SRA, Adopted on November 7, 2007,
https://osfm.fire.ca.gov/media/6752/fhszs_map60.pdf

XXI. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to
substantially degrade the quality of the
environment, substantially reduce the habitat of
a fish or wildlife species, cause a fish or wildlife
population to drop below self -sustaining levels,
threaten to eliminate a plant or animal
community, substantially reduce the number or
restrict the range of a rare or endangered plant
or animal or eliminate important examples of the
major periods of California history or prehistory?

Response: All impacts to the environment, including impacts to habitat for fish and wildlife species, fish and wildlife populations, plant and animal communities, rare and endangered plants and animals, and historical and pre-historical resources were evaluated as part of this IS/MND. Throughout this IS/MND, where impacts were determined to be potentially significant, mitigation measures have been imposed to reduce those impacts to less -than-significant levels. Accordingly, with incorporation of the mitigation measures imposed throughout this I S/MND, the Project would not substantially degrade the quality of the environment and impacts would be less than significant.

b) Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively considerable”
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current project, and the effects of probable
future projects.)?

Response: As discussed throughout this I S/MND, implementation of the proposed Project has the potential to result in effects to the environment that are individually limited, but cumulatively-considerable.

In all instances where the Project has the potential to contribute to a cumulatively -considerable impact to the environment, mitigation measures have been imposed to reduce potential effects to less -than- significant levels.

Aesthetics
New development on the Project site and in the surrounding area would change the existing character of the Project’s viewshed; however, all development in the immediate vicinity of the Project would be required to comply with the development regulations and design standards contained in the City ’s Development Code, which would ensure that minimum standards related to visual character and quality are met to preclude adverse aesthetic effects (e.g., size, scale, building materials, lighting). Accordingly, the Project’s aesthetic impacts would not be cumulatively-considerable.

Agriculture and Forestry Resources
The Project would have no impact on agricultural resources. Therefore, there is no potential for the Project to contribute to a cumulatively-considerable impact under this topic.

Air Quality
Based on SCAQMD guidance, any direct exceedance of a regional or localized threshold also is considered to be a cumulatively considerable effect, while air pollutant emissions below applicable regional and/or localized thresholds are not considered cumulatively considerable. As discussed in Responses III(a) and (c), Project- related construction emissions would exceed the SCAQMD localized F.1.4
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
emissions threshold for particulate matter and, therefore, the Project’s air quality impacts would be cumulatively-considerable. MM AQ -1 would reduce particulate matter emissions during Project construction to less-than- significant levels by ensuring construction equipment meet stringent tailpipe emissions standards.

Biological Resources
The Project site does not support any sensitive plant or wildlife species, riparian, or sensitive natural habitat, or federally-protected wetlands; therefore, there is no potential for the Project to contribute to a cumulatively-considerable impact under these resources. Although the Project site is highly disturbed and fragmented from other open space areas under existing conditions, the site does contain habitat for nesting birds and contains habitat that could be used by the burrowing owl. Therefore, there is the potential that nesting birds and/or the burrowing owl could be present on the Project site prior to construction and there also is the potential that other development projects in the Riverside area could support bird nests and/or the burrowing owl. The Project’s potential impact s to nesting birds and the burrowing owl would be cumulatively considerable. MM s BR-1 and BR-2 would reduce the Project’s cumulative effects to less-than-significant levels by ensuring that no direct take of nesting birds occurs during construction.

Cultural Resources
Implementation of the Project has the potential to impact masked/buried historic and/or prehistoric archaeological resources on the Project site and, therefore, would result in a significant cumulative impact in the event any of such resources were found on -site during construction. MMs CR -1 through CR-9 would require the Project Applicant to implement monitoring and recovery programs in conformance with accepted protocols for historic and prehistoric archaeological resources in the event these resources are found during Project construction. With implementation of MMs CR-1 through CR- 9, potential cumulative impacts would be reduced to less-than-significant levels.

Energy
The Project’s construction and operation energy consumption would not be considered inefficient, wasteful, or otherwise unnecessary and would not obstruct a state or local plan for renewable energy or energy efficiency. In addition, all cumulative projects would also be required to comply with the California Building Standards Code, which establishes standards for energy efficiency and “green” construction.

Therefore, implementation of the Project would result in a less -than-significant cumulative impact to energy.

Geology and Soils
Potential effects related to geology and soils are inherently site- specific; therefore, there is no potential for the Project to contribute to a cumulatively -considerable impact under this topic. Furthermore, all development proposals would be required to comply with applicable federal, State, and local regulations that are in place to preclude adverse geology and soils effects, including effects related to strong seismic ground shaking, fault rupture, soil erosion, and hazardous soil conditions (e.g., liquefaction, expansive soils, landslides).

Notwithstanding, there is remote potential that paleontological resources are buried beneath the surface of the Project site and could be impacted during construction. Other projects within region would similarly have the potential to impact unknown, subsurface paleontological resources during ground-disturbing activities. Therefore, the potential for development on the Project site to impact subsurface paleontological resource deposits is a cumulatively -considerable impact. Application of MMs GEO -1 through GEO-4 would reduce the Project’s cumulative impacts to less-than-significant levels.

Greenhouse Gas Emissions
As described in the preceding analysis, global climate change (GCC) occurs as the result of global emissions of GHGs. An individual development project does not have the potential to result in direct and significant GCC-related effects in the absence of cumulative sources of GHGs. The CEQA Guidelines also emphasize that the effects of GHG emissions are cumulative, and should be analyzed in the context of CEQA’s requirements for cumulative impacts analysis (See CEQA Guidelines § 15130[f]).

F.1.4
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Accordingly, the preceding analysis reflects a cumulative impact analysis of the GHG emissions related to the Pro ject. As concluded under Response VIII (a) and (b), the Project would not result in a cumulatively-considerable impact related to GHG emissions.

Hazards and Hazardous Materials
Potential effects related to hazards and hazardous materials are inherently site-specific; therefore, there is no potential for the Project to contribute to a cumulatively-considerable impact under this topic.

Hydrology and Water Quality
Construction and operation of the Project and other projects in the Santa Ana River watershed would have the potential to result in a cumulative water quality impact, including erosion and sedimentation.

However, in accordance with applicable federal, State, and local regulations, all development projects would be required to implement plans during construction and operation (e.g., SWPPP and WQMP) to minimize adverse effects to water quality, which would avoid a cumulatively-considerable impact.

The Project and other projects in the Santa Ana River Basin would be required to comply with federal, State, and local regulations in order to preclude flood hazards both on- and off-site. Compliance with federal, State, and local regulations would require on- site areas to be protected, at a minimum, from flooding during peak storm events (i. e., 100 -year storm) and that proposed development would not expose downstream properties to increased flooding risks during peak storm events. Accordingly, a cumulatively-considerable effect related to flooding would not occur.

Land Use and Planning
The Project would not physically divide an established community, or conflict with applicable land use/planning documents; therefore, there is no potential for the Project to contribute to a cumulatively - considerable impact related to land use and planning.

Mineral Resources
The Project would have no impact on mineral resources. Therefore, there is no potential for the Project to contribute to a cumulatively-considerable impact under this topic.

Noise
Noise levels diminish rapidly with distance; therefore, for a development project to contribute to a noise- related cumulative impact it must be located in close proximity to another development project or source of substantial noise. There are no construction projects in the immediate vicinity of the Project site that are expected to have periods of substantial construction noise (e.g., operation of heavy, off-road diesel equipment) that would overlap with substantial periods of Project-related construction noise.

Accordingly, cumulatively-considerable impacts related to periodic construction noise and construction- related vibration would not occur. Under long- term operating conditions the Project would comply with the City of Moreno Valley noise ordinance and would not produce noticeable levels of vibration; therefore, cumulatively considerable impacts related to these issue areas would not occur. The analysis provided under Response XIII(a) demonstrates that the Project would not result in a cumulatively -considerable impact related to transportation noise under long-term conditions.

Population and Housing
The Project would not implement land uses that generate new residents and would not require the construction of replacement housing. Accordingly, the City has anticipated – and planned for – the growth that would occur on the Project site and there is no potential for the Project to result in an adverse, cumulatively-considerable environmental effect related to population and housing.

Public Services
All development projects in the City of Moreno Valley, including the Project, would be required to pay development impact fees, a portion of which would be used by the City for the provision of public services, to offset the incremental increase in demand for fire protection and police protection services.

Furthermore, future development would generate an on-going stream of property tax revenue and sales tax revenue, which would provide funds that could be used by the City of Moreno Valley for the provision F.1.4
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
of fire and police pr otection services. The Project would not directly result in the introduction of new residents to the City and, therefore, would have no potential to result in cumulatively -considerable impacts to resident-serving public facilities such as schools, parks, libraries, and other public facilities or services.

Recreation
The Project would have no impact to recreation facilities. Therefore, there is no potential for the Project to contribute to a cumulatively-considerable impact under this topic.

Transportation
The Project would not conflict with any City policies addressing the circulation network and would not generate substantial VMT. Therefore, the Project would not contribute to any cumulatively-considerable adverse transportation effects.

Tribal Cultural Resource
Development activities on the Project site would not impact any known tribal cultural resources.

However, there is the remote potential that such resources are buried beneath the surface of the Project site and could be impacted during construction. Other projects within region would similarly have the potential to impact unknown, subsurface tribal cultural resources during ground- disturbing activities.

Therefore, the potential for development on the Project site to impact subsurface tribal cultural resource deposits is a cumulatively considerable impact. Application of MMs CR-1 though CR-9 would reduce the Project’s cumulative impacts to less-than-significant levels.

Utilities and Service Systems
The Project would require water and wastewater infrastructure, as well as solid waste disposal for building operation. Development of public utility infrastructure is part of an extensive planning process involving utility providers and jurisdictions with discretionary review authority. The coordination process associated with the preparation of infrastructure plans is intended to ensure that adequate public utility services and resources are available to serve both individual development projects and cumulative growth in the region. Each individual development project is subject to review for utility capacity to avoid unanticipated interruptions in service or inadequate supplies. Coordination with the utility providers would allow for the provision of utility services to the Project and other developments. The Project and other planned projects are subject to connection and service fees to offset increased demand and assist in facility expansion and service improvements (at the time of need). Because of the utility planning and coordination activities described above, cumulatively- considerable impacts to utilities and service systems would not occur.

Wildfire
The Project site is not located in a SRA or very high fire hazard area. Therefore, implementation of the Project would result in no adverse impacts associated with wildfire.

c) Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?

Response: The Project’s potential to result in env ironmental effects that could adversely affect human beings, either directly or indirectly, has been discussed throughout this IS/MND. As demonstrated by this analysis, construction and operation of the Project would not involve any activities that would result in environmental effects which would cause substantial adverse effects on human beings, either directly or indirectly.

F.1.4
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Mitigation Monitoring and Report Program (MMRP)

Moreno Valley Business Center Project
Moreno Valley, California

Lead Agency
City of Moreno Valley
14177 Frederick Street
Moreno Valley, CA 92552

Applicant
LDC Industrial Realty, LLC
555 N. El Camino, Suite A456
San Clemente, CA 92672

CEQA Consultant
T&B Planning, Inc.
3200 El Camino Real, Suite 100
Irvine, CA 92602

Lead Agency Discretionary Permits
General Plan Amendment (PEN20-0160)
Change of Zone (PEN20-0161)
Plot Plan (PEN20-0162)

June 2022
F.1.4
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City of Moreno Valley Mitigation Monitoring and Reporting Program

Page 1 of 15 ends

Moreno Valley City CouncilDecember 6, 2022

Moreno Valley City Council
December 6, 2022