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

Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
Biological Resources
Threshold a & d: There is
potential for the Project to
impact protected nesting
birds and migratory birds.

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:

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 d isturbed 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-fo
ot radius around the nest for
non-raptors and no more than a 500-
foot radius around the nest for
Project Biologist City of Moreno
Valley Planning
Division
Within three (3)
days prior to
initiating
vegetation
clearing or
ground
disturbance

Less than
significant with
mitigation
incorporated
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Attachment: Exhibit A to 2022-XX Moreno Valley Business Center IS MND (6001 : PEN20-0162 Moreno Moreno Valley Business Center
City of Moreno Valley Mitigation Monitoring and Reporting Program

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Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
raptors) and shall be sufficient to
protect the nest from direct and
indirect impacts from construction
activities, The size and location of
buffer zones, if required, shall be
based on consultation with the
California Department of Fish and
Wildlife and the U.S. Fish and Wildlife
Service and shall be subject to review
and approval by the City of Moreno
Valley. The nests and buffer zones
shall be field checked
weekly by a
qualified biological monitor. The
approved buffer zone shall be
marked in the field with construction
fencing, within which no vegetation
clearing or ground disturbance shall
commence until the qualified biologist
with City concurrence verify that the
nests are no longer occupied and/or
juvenile birds can survive
independently from the nests.

Threshold f: There is a
low potential for the
burrowing owl to occur on
the Project site; however,
the Project Applicant is
required to ensure
compliance with the
MSHCP’s provisions for
protecting the burrowing
owl.

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
Project
Applicant,
Project Biologist
City of Moreno
Valley Planning
Division
Within 30 days
prior to grading

Less than
significant with
mitigation
incorporated
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Attachment: Exhibit A to 2022-XX Moreno Valley Business Center IS MND (6001 : PEN20-0162 Moreno Moreno Valley Business Center
City of Moreno Valley Mitigation Monitoring and Reporting Program

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Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
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 relocati on.

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

c) In the event that the pre-
construction survey identifies the
presence of three (3) or more mating
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Attachment: Exhibit A to 2022-XX Moreno Valley Business Center IS MND (6001 : PEN20-0162 Moreno Moreno Valley Business Center
City of Moreno Valley Mitigation Monitoring and Reporting Program

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Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
pairs of burrow ing 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
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Attachment: Exhibit A to 2022-XX Moreno Valley Business Center IS MND (6001 : PEN20-0162 Moreno Moreno Valley Business Center
City of Moreno Valley Mitigation Monitoring and Reporting Program

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Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
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.

Cultural Resources
Threshold a: There is
potential for buried
historical deposits to be
present on the Project
site.

Threshold b: There is
potential for significant
archaeological resources
to be unearthed during
ground-disturbing
activities associated with
Project construction.

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
Project
Developer;
Project
Archaeologist
City of Moreno
Valley Planning
Division
Prior the
issuance of a
grading permit
Less than
significant with
mitigation
incorporated
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Attachment: Exhibit A to 2022-XX Moreno Valley Business Center IS MND (6001 : PEN20-0162 Moreno Moreno Valley Business Center
City of Moreno Valley Mitigation Monitoring and Reporting Program

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Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
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 Tr aining to those
in attendance.

Project
Developer;
Project
Construction
Contractor;
Project
Archaeologist
City of Moreno
Valley Planning
Division and
Land
Development
Division
Prior the
issuance of a
grading permit

MM CR -3: The Project
Archaeologist, in consultation with
the Consulting Tribe(s), the
contractor, and the City, shall
develop a CRMP in consultation
Project
Archaeologist
City of Moreno
Valley Planning
Division
Prior the
issuance of a
grading permit

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Attachment: Exhibit A to 2022-XX Moreno Valley Business Center IS MND (6001 : PEN20-0162 Moreno Moreno Valley Business Center
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Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
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 resource
s 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.

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Attachment: Exhibit A to 2022-XX Moreno Valley Business Center IS MND (6001 : PEN20-0162 Moreno Moreno Valley Business Center
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Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance

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 rec ordation of sacred items is
permitted without the written consent
of all Consulting Native American
Tribal Governments as defined in
Project
Developer;
Project
Archaeologist
City of Moreno
Valley Planning
Division
In the event that
Native American
cultural resources
are discovered
during the course
of grading
(inadvertent
discoveries)

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Attachment: Exhibit A to 2022-XX Moreno Valley Business Center IS MND (6001 : PEN20-0162 Moreno Moreno Valley Business Center
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Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
Mitigation Measure CR -3 The
location for the future reburial area
shall be identified on a confidential
exhibit on file wit h 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."

Project
Developer;
Project
Archaeologist
City of Moreno
Valley Planning
Division and
Land
Development
Division
Prior to the
issuance of a
grading permit

MM CR -6: If potential historic or
cultural 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
Project
Developer;
Project
Archaeologist
City of Moreno
Valley Planning
Division
In the event that
cultural resources
are discovered
during the course
of grading
(inadvertent
discoveries)

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Attachment: Exhibit A to 2022-XX Moreno Valley Business Center IS MND (6001 : PEN20-0162 Moreno Moreno Valley Business Center
City of Moreno Valley Mitigation Monitoring and Reporting Program

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Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
(36 CFR 61), Tribal Representatives,
and all site monitors per the
Mitigation Measures, shall be
consulted by the City to evaluate the
find, and as appropriate recommend
alternative measures to avoid,
minimize or mitigate negative effects
on the historic, or prehistoric
resource. Further ground
disturbance shall not resume within
the area of the discovery 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 reco very
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
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Attachment: Exhibit A to 2022-XX Moreno Valley Business Center IS MND (6001 : PEN20-0162 Moreno Moreno Valley Business Center
City of Moreno Valley Mitigation Monitoring and Reporting Program

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Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
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).

Project
Construction
Contractor,
County Coroner
City of Moreno
Valley Planning
Division and
Land
Development
Division
If human remains
are discovered

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 e xemption set forth in
Project
Developer,
County Coroner
City of Moreno
Valley Planning
Division and
Land
Development
Division
If human remains
are discovered

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Attachment: Exhibit A to 2022-XX Moreno Valley Business Center IS MND (6001 : PEN20-0162 Moreno Moreno Valley Business Center
City of Moreno Valley Mitigation Monitoring and Reporting Program

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Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
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).

Project
Developer;
Project
Archaeologist
City of Moreno
Valley Planning
Division and
Land
Development
Division
Prior to final
inspection

Geology and Soils
Threshold f: There is
potential for Project -
related grading activities
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
Project
Applicant;
Project
Construction
City of Moreno
Valley Planning
Division

Prior to the
issuance of a
grading permit

Less than
significant with
mitigation
incorporated
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Attachment: Exhibit A to 2022-XX Moreno Valley Business Center IS MND (6001 : PEN20-0162 Moreno Moreno Valley Business Center
City of Moreno Valley Mitigation Monitoring and Reporting Program

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Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
to uncover and impact
paleontological resources.
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.

Contractor;
Project
Paleontologist

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.

Project
Applicant;
Project
Construction
Contractor;
Project
Paleontologist

City of Moreno
Valley Planning
Division

Concurrent with
grading activities

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Attachment: Exhibit A to 2022-XX Moreno Valley Business Center IS MND (6001 : PEN20-0162 Moreno Moreno Valley Business Center
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Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
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 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.

Project
Applicant;
Project
Construction
Contractor;
Project
Paleontologist

City of Moreno
Valley Planning
Division

Prior to grading
permit final
inspection

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 necessary maps and
graphics to accurately record the
original location of the specimens.

The report shall be submitted to the
City of Moreno Valley prior to
building final.

Project
Applicant;
Project
Construction
Contractor;
Project
Paleontologist
City of Moreno
Valley Planning
Division
Prior to building
final

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

CITY OF MORENO VALLEY

NOTICE OF INTENT TO ADOPT A

MITIGATED NEGATIVE DECLARATION
NOTICE IS HEREBY GIVEN that the City of Moreno Valley is considering a recommendation that the project herein identified will have no significant environmental impact in compliance with Section 15070 of the CEQA guidelines. A copy of the MITIGATED NEGATIVE DECLARATION and the ENVIRONMENTAL CHECKLIST, which supports the proposed findings, are on file at the City of Moreno Valley.

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

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.

Council District: 1
This Notice of Intent (NOI) has been prepared to notify agencies and interested parties that the City of Moreno Valley as the Lead Agency has prepared an Initial Study /Mitigated Negative Declaration (IS/MND) pursuant to the requirements of the California Environmental Quality Act (CEQA) to evaluate the potential environmental impacts associated with construction and operation of the project as described below.

Project Description: The Project consists of a proposal for a Plot Plan (PEN20 -0162) that provides for the development of one 164,187 square foot light industrial building. The proposed Project design includes a loading area , auto parking areas, landscaping, signage, lighting, and off-site improvements. The Project also includes the construction of an off-site public storm drain segment and an upgraded water pump for the Box Springs Municipal Water Company.

The Project site is not included on any list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.

Document Availability: The Initial Study/Mitigated Negative Declaration, and all documents incorporated and/or referenced therein, can be reviewed during normal business hours (7:30 a.m. to 5:30 p.m., Monday through Thursday and Friday, 7:30 a.m. to 4:30 p.m.) at the City of Moreno Valley Planning Division counter, located at 14177 Frederick Street, Moreno Valley, CA 92553.

The documents may also be reviewed on the City’s website at http://www.moreno- valley.ca.us/cdd/documents/about-projects.html
Potential Environmental Impacts: The City of Moreno Valley has prepared an Initial Study to determine the environmental effects associated with the above actions and finds the issuance of a Mitigated Negative Declaration is the appropriate level of environmental review. The Initial Study/Mitigated Negative Declaration concludes that all p otentially significant impacts of the Project would be mitigated to a less than significant level.

Comment Deadline: Pursuant to Section 15105(b) of the CEQA Guidelines , the City has established a 20-day public review period for the Initial Study/ Mitigated Negative Declaration which begins June 16 , 20 22, and ends Ju ly 6 , 202 2. Written comments on the Initial F.1.23
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Attachment: Exhibit B to 2022-XX Notice of Intent 06162022-Newspaper Notice07012022 (6001 : PEN20-0162 Moreno Business Center) Study/Mitigated Negative Declaration must be received at the City of Moreno Valley Community Development Department by no later than the conclusion of the 20-day review period, 5:30 p.m. on July 6, 2022. Written comments on the Initial Study/Mitigated Negative Declaration should be addressed to:

Julia Descoteaux, Senior Planner
14177 Frederick Street
Post Office Box 88005
Moreno Valley, California 92552 Phone: (951) 413-3206
Email: [email protected]
Press-Enterprise June 16, 2022
Sean Kelleher Newspaper Date of Publication
Planning Official
Community Development Department
F.1.23
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Attachment: Exhibit B to 2022-XX Notice of Intent 06162022-Newspaper Notice07012022 (6001 : PEN20-0162 Moreno Business Center)

CITY OF MORENO VALLEY

PLANNING COMMISSION

NOTICE OF PUBLIC HEARING AND

ENVIRONMENTAL NOTICE TO ADOPT A MITIGATED NEGATIVE DECLARATION NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Planning Commission of the City of Moreno Valley on the date and time set forth below:

Project: Plot Plan PEN20-0162 (PEN21-0079)
Applicant: LDC Industrial Realty, LLC
Property Owner: Housing Authority
APN: 291-191-007-013 and 025-029
Location: NEC of Alessandro Boulevard and Day Street.

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.

Environmental Determination: The project has been evaluated against the criteria set forth in the California Environmental Quality Act (CEQA) and CEQA Guidelines and staff has determined that a Mitigated Negative Declaration is the appropriate environmental document for the proposed project.

The Draft Initial Study /Mitigated Negative Declaration was circulated for public review by responsible and trustee agencies and other interested parties for a review period commencing June 16, 2022, through July 6, 2022. The documents can be obtained in electronic format via email by request. The final document may be inspected by appointment at the Community Development Department at 14177 Frederick Street, Moreno Valley, California by calling (951) 413-3206 during normal business hours (7:30 a.m. to 5:30 p.m., Monday through Thursday, 7:30 a.m. to 4:30 p.m. Friday).

PUBLIC TESTIMONY: All interested parties will be provided an opportunity to submit oral testimony during the Public Hearing and/or provide written testimony during or prior to the Public Hearing. The application file and related environmental documents may be inspected at the Community Development Department at 14177 Frederick Street, Moreno Valley, California by calling (951) 413-3206 during normal business hours (7:30 a.m. to 5:30 p.m., Monday through Thursday, and 7:30 a.m. to 4:30 p.m., Friday).

PLEASE NOTE: The Planning Commission may consider and approve changes to the proposed items under consideration during the Public Hearing.

GOVERNMENT CODE § 65009 NOTICE: If you challenge any of the proposed actions taken by the Planning Commission in court, you may be limited to raising only those issues you or someone else raised during the Public Hearing described in this notice, or in written correspondence delivered to the Planning Division of the City of Moreno Valley during or prior to the Public Hearing.

ACCESSIBILITY: Upon request and in compliance with the Americans with Disabilities Act of 1990, any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to James Verdugo, ADA Coordinator, at (951) 413- 3350 at least 48 hours before the meeting. The 48- hour notification will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Date and Time: July 14, 2022 at 7:00 p.m.

Location: City Hall Council Chamber
14177 Frederick Street, Moreno Valley, CA 92553
Planner: Julia Descoteaux Senior Planner
Contact: (951) 413-3206 or [email protected]

Press-Enterprise July 1, 2022
Sean P. Kelleher Newspaper Date of Publication
Planning Official, Community Development Department
F.1.23
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Attachment: Exhibit B to 2022-XX Notice of Intent 06162022-Newspaper Notice07012022 (6001 : PEN20-0162 Moreno Business Center)

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.1.24
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Attachment: Exhibit C to 2022-XX MMRP (6001 : PEN20-0162 Moreno Business Center) Moreno Valley Business Center
City of Moreno Valley Mitigation Monitoring and Reporting Program

Page 1 of 15 ends

Less than
significant with
mitigation
incorporated
F.1.24
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Attachment: Exhibit C to 2022-XX MMRP (6001 : PEN20-0162 Moreno Business Center) Moreno Valley Business Center
City of Moreno Valley Mitigation Monitoring and Reporting Program

Page 2 of 15 ends

Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
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.

a) In the event that the pre-
construction survey identifies no
Project
Applicant,
Project Biologist
City of Moreno
Valley Planning
Division
Within 30 days
prior to grading

Less than
significant with
mitigation
incorporated
F.1.24
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Attachment: Exhibit C to 2022-XX MMRP (6001 : PEN20-0162 Moreno Business Center) Moreno Valley Business Center
City of Moreno Valley Mitigation Monitoring and Reporting Program

Page 3 of 15 ends

Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
burrowing owls on the property a
grading permit may be issued
without restriction.

c) In the event that the pre-
construction survey identifies the
presence of three (3) or more mating
F.1.24
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Attachment: Exhibit C to 2022-XX MMRP (6001 : PEN20-0162 Moreno Business Center) Moreno Valley Business Center
City of Moreno Valley Mitigation Monitoring and Reporting Program

Page 4 of 15 ends

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

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
F.1.24
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Attachment: Exhibit C to 2022-XX MMRP (6001 : PEN20-0162 Moreno Business Center) Moreno Valley Business Center
City of Moreno Valley Mitigation Monitoring and Reporting Program

Page 5 of 15 ends

Cultural Resources
Threshold a: There is
potential for buried
historical deposits to be
present on the Project
site.

Threshold b: There is
potential for significant
archaeological resources
to be unearthed during
ground-disturbing
activities associated with
Project construction.

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 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
Project
Developer;
Project
Archaeologist
City of Moreno
Valley Planning
Division
Prior the
issuance of a
grading permit
Less than
significant with
mitigation
incorporated
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Attachment: Exhibit C to 2022-XX MMRP (6001 : PEN20-0162 Moreno Business Center) Moreno Valley Business Center
City of Moreno Valley Mitigation Monitoring and Reporting Program

Page 6 of 15 ends

Project
Developer;
Project
Construction
Contractor;
Project
Archaeologist
City of Moreno
Valley Planning
Division and
Land
Development
Division
Prior the
issuance of a
grading permit

F.1.24
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Attachment: Exhibit C to 2022-XX MMRP (6001 : PEN20-0162 Moreno Business Center) Moreno Valley Business Center
City of Moreno Valley Mitigation Monitoring and Reporting Program

Page 7 of 15 ends

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Attachment: Exhibit C to 2022-XX MMRP (6001 : PEN20-0162 Moreno Business Center) Moreno Valley Business Center
City of Moreno Valley Mitigation Monitoring and Reporting Program

Page 8 of 15 ends

Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance

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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Attachment: Exhibit C to 2022-XX MMRP (6001 : PEN20-0162 Moreno Business Center) Moreno Valley Business Center
City of Moreno Valley Mitigation Monitoring and Reporting Program

Page 9 of 15 ends

MM CR-5: The City shall verify that
the following note is included on the
Grading Plan:

Project
Developer;
Project
Archaeologist
City of Moreno
Valley Planning
Division and
Land
Development
Division
Prior to the
issuance of a
grading permit

F.1.24
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Attachment: Exhibit C to 2022-XX MMRP (6001 : PEN20-0162 Moreno Business Center) Moreno Valley Business Center
City of Moreno Valley Mitigation Monitoring and Reporting Program

Page 10 of 15 ends

Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
(36 CFR 61), Tribal Representatives,
and all site monitors per the
Mitigation Measures, shall be
consulted by the City to evaluate the
find, and as appropriate recommend
alternative measures to avoid,
minimize or mitigate negative effects
on the historic, or prehistoric
resource. Further ground
disturbance shall not resume within
the area of the discovery 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 reco very
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
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Attachment: Exhibit C to 2022-XX MMRP (6001 : PEN20-0162 Moreno Business Center) Moreno Valley Business Center
City of Moreno Valley Mitigation Monitoring and Reporting Program

Page 11 of 15 ends

Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
prior to implementation of the said
plan.

Project
Construction
Contractor,
County Coroner
City of Moreno
Valley Planning
Division and
Land
Development
Division
If human remains
are discovered

F.1.24
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Attachment: Exhibit C to 2022-XX MMRP (6001 : PEN20-0162 Moreno Business Center) Moreno Valley Business Center
City of Moreno Valley Mitigation Monitoring and Reporting Program

Page 12 of 15 ends

Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
California Government Code
6254(r).

Project
Developer;
Project
Archaeologist
City of Moreno
Valley Planning
Division and
Land
Development
Division
Prior to final
inspection

Prior to the
issuance of a
grading permit

Less than
significant with
mitigation
incorporated
F.1.24
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Attachment: Exhibit C to 2022-XX MMRP (6001 : PEN20-0162 Moreno Business Center) Moreno Valley Business Center
City of Moreno Valley Mitigation Monitoring and Reporting Program

Page 13 of 15 ends

Contractor;
Project
Paleontologist

Project
Applicant;
Project
Construction
Contractor;
Project
Paleontologist

City of Moreno
Valley Planning
Division

Concurrent with
grading activities

F.1.24
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Attachment: Exhibit C to 2022-XX MMRP (6001 : PEN20-0162 Moreno Business Center) Moreno Valley Business Center
City of Moreno Valley Mitigation Monitoring and Reporting Program

Page 14 of 15 ends

Project
Applicant;
Project
Construction
Contractor;
Project
Paleontologist

City of Moreno
Valley Planning
Division

Prior to grading
permit final
inspection

The report shall be submitted t o the
City of Moreno Valley prior to
building final.

Project
Applicant;
Project
Construction
Contractor;
Project
Paleontologist
City of Moreno
Valley Planning
Division
Prior to building
final

F.1.24
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Attachment: Exhibit C to 2022-XX MMRP (6001 : PEN20-0162 Moreno Business Center) 1 RESOLUTION NUMBER 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, APPROVING A PLOT PLAN (PEN20-0162
(PEN21-0079) FOR THE MORENO VALLEY BUSINESS CENTER FOR
THE CONSTRUCTION OF A 164,187 SQUARE FOOT CONCRETE TILT-

UP LIGHT INDUSTRIAL BUILDING 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
WHEREAS, LDC Industrial Realty LLC, (“Applicant”) is seeking approval of a Plot Plan (PEN20-0162) (“Application”), which includes a 164,187 square foot light industrial building with associated public improvements (“Proposed Project”), located north side of Alessandro Boulevard at Day Street (“Project Site”); and WHEREAS, Section 9.02.070 (Plot Plan) of the Moreno Valley Municipal Code acknowledges that the purpose of plot plans is to provide a mechanism by which all new construction of industrial, commercial or multiple-family residential can be reviewed when not subject to other discretionary review processes which have review authority over the Proposed Project’s design; and
WHEREAS, the Application and Proposed Project has been evaluated in accordance with Section 9.02.070 (Plot Plan) of the Municipal Code with consideration given to the City’s General Plan, Zoning Ordinance, and other applicable laws and regulations; and
WHEREAS, the Proposed Project was considered by the Planning Commission at a duly noticed public hearing conducted on July 14, 2022, at which time all interested persons were provided with an opportunity to testify and to present evidence, and the Planning Commission voted 3-1 to approve the Proposed Project; and WHEREAS, on July 14, 2022, in accordance with the provisions of the California Environmental Quality Act (CEQA1) and CEQA Guidelines,2 the Planning Commission considered and approved Resolution 2022-33 adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Proposed Project, and Resolution 2022-35 approving the Proposed Project; and
WHEREAS, on July 25, 2022, two appeals (PAA22-0002 and PAA22-0003) were filed against the Planning Commission’s decision; and
WHEREAS, Staff has presented for the City Council’s consideration Conditions of Approval to be imposed upon the Plot Plan PEN20-0162 (PEN21-0079) which conditions

1 Public Resources Code §§ 21000-21177
2 14 California Code of Regulations §§15000-15387
F.1.25
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Attachment: 2022-XX Resolution Plot Plan [Revision 2] (6001 : PEN20-0162 Moreno Business Center) 2 have been deemed necessary to protect the public health, safety, and welfare and ensure that the Proposed Project will be developed in accordance with the purpose and intent of Title 9 (Planning and Zoning) of the Municipal Code; and WHEREAS, pursuant to the provisions of Section 9.02.200 (Public Hearing and Notification Procedures) of the Municipal Code and Government Code section 65905, a public hearing was scheduled for November 15, 2022, and notice thereof was duly published and posted, and mailed to all property owners of record within 600 feet of the Project Site; and
WHEREAS, at the conclusion of the public hearing, City Council adopted Resolution No. 2022-XX, denying both appeals, PAA22-0002 and PAA22-0003, and adopting a Mitigated Negative Declaration and Mitigation Monitoring Plan for Plot Plan PEN20-0162 (PEN21-0079); and
WHEREAS, consistent with the requirements of Section 9.02.070 (Plot Plan) of the Municipal Code, at the public hearing the City Council considered Conditions of Approval to be imposed upon Plot Plan PEN20-0162 (PEN21-0079), which conditions were prepared by Planning Division staff who deemed said conditions to be necessary to protect the public health, safety and welfare and to ensure the Proposed Project will be developed in accordance with the purpose and intent of Title 9 (“Planning and Zoning”) of the Municipal Code; and
WHEREAS, at the public hearing, the City Council considered whether each of the requisite findings specified in Section 9.02.070 of the Municipal Code and set forth herein could be made with respect to the proposed Project as conditioned by Conditions of Approval.

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

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

Section 2. Notice
That pursuant to Government Code section 66020(d)(1), notice is hereby given that the Proposed Project is subject to certain fees, dedications, reservations and other exactions as provided herein, in the staff report and conditions of approval (collectively, “Conditions”); and these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the ninety-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun.

Section 3. Evidence
F.1.25
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Attachment: 2022-XX Resolution Plot Plan [Revision 2] (6001 : PEN20-0162 Moreno Business Center) 3 That the City Council has considered all of the evidence submitted into the administrative record for the Proposed Project, including, but not limited to, the following:
(a) Moreno Valley General Plan and all other relevant provisions contained therein;
(b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code and all other relevant provisions referenced therein;
(c) Testimony, comments, and correspondence from all persons that were provided at, or prior to, the July 14, 2022 Planning Commission public hearing;
(d) Appeals PAA22-0002 and PAA22-0003;
(e) Application for the approval of Plot Plan PEN20-0162 (PEN21-0079) and all documents, records and references contained therein;
(f) Conditions of Approval for Plot Plan PEN20-0162 (PEN21-0079), attached hereto as Exhibit A;
(g) Staff Report prepared for the Planning Commission’s consideration and all documents, records, and references related thereto, and Staff’s presentation at the public hearing;
(h) Testimony and/or comments from Applicant and its representatives during the public hearing; and
(i) Testimony and/or comments from all persons that was provided in written format or correspondence, at, or prior to, the public hearing.

Section 4. Findings
That based on the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the City Council makes the following findings in approving the Proposed Project (Plot Plan PEN20-0162 (PEN21-0079)):
(a) The Proposed Project is consistent with the goals, objectives, policies and programs of the general plan;
(b) The Proposed Project complies with all applicable zoning and other regulations;
(c) The Proposed Project will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; and
(d) The location, design and operation of the Proposed Project will be compatible with existing and planned land uses in the vicinity.

Section 5. Approval
That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings set forth above, the City Council hereby approves the Proposed Project (Plot Plan PEN20-0162) subject to the Conditions of Approval for Plot Plan PEN20-0162 (PEN21-0079) attached hereto as Exhibit A.

Section 6. Repeal of Conflicting Provisions
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Attachment: 2022-XX Resolution Plot Plan [Revision 2] (6001 : PEN20-0162 Moreno Business Center) 4 That all the provisions as heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

Section 7. Severability
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

Section 8. Effective Date
That this Resolution shall take effect immediately upon the date of adoption.

Section 9. Certification
That the City Clerk for the City Council shall certify to the passage of this Resolution.

PASSED AND ADOPTED THIS 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: Conditions of Approval
F.1.25
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Attachment: 2022-XX Resolution Plot Plan [Revision 2] (6001 : PEN20-0162 Moreno Business Center) 5 Exhibit A

CONDITIONS OF APPROVAL
F.1.25
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Attachment: 2022-XX Resolution Plot Plan [Revision 2] (6001 : PEN20-0162 Moreno Business Center)

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0079)

Page 1 ends

CITY OF MORENO VALLEY

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0079)
EFFECTIVE DATE:

EXPIRATION DATE:

COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division

1. Any expansion to this use or exterior alterations will require the submittal of a separate application (s) and shall be reviewed and approved under separate permit(s). (MC 9.02.080)

2. The Developer shall defend, indemnify and hold harmless the City, city council, commissions, boards, subcommittees and the City ’s elected and appointed officials, commissioners, board members, officers, agents, consultants and employees (“City Parties ”) from and against any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees ), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following items: ( i) any prior or current agreements by and among the City and the Developer; (ii) the current, concurrent and subsequent permits, licenses and entitlements approved by the City; (iii) any environmental determination made by the City in connection with the Project Site and the Project; and (iv) any proceedings or other actions undertaken by the City in connection with the adoption or approval of any of the above. In the event of any administrative, legal, equitable action or other proceeding instituted by any third party (including without limitation a governmental entity or official) challenging the legality, validity or adequacy of any of the above items or any portion thereof, the Parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, the City, at its sole option, may tender the complete defense of any third party challenge as described herein. In the event the City elects to contract with special counsel to provide for such a defense, the City shall meet and confer with the Developer regarding the selection of counsel, and the Developer shall pay all costs related to retention of such counsel by the City.

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

4. The required parking for this use shall comply with the Parking Analysis on file and all applicable requirements of the City of Moreno Valley Municipal Code (MC 1 of 30
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Attachment: Exhibit A to 2022-XX Conditions of Approval (6001 : PEN20-0162 Moreno Business Center)

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0079)

Page 2 ends

9.11.040).

5. The site shall be developed in accordance with the approved plans on file in the Community Development Department - Planning Division, the Municipal Code regulations, General Plan, and the conditions contained herein. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Official. ( MC

9.14.020)

6. Any signs indicated on the submitted plans are not included with this approval. Any signs, whether permanent (e.g. wall, monument) or temporary (e.g. banner, flag ), require separate application and approval by the Planning Division. No signs are permitted in the public right of way. (MC 9.12)

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

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

9. The developer, or the developer's successor -in-interest, shall be responsible for maintaining any undeveloped portion of the site in a manner that provides for the control of weeds, erosion and dust. (MC 9.02.030)
Special Conditions

10. The site has been approved for an approximately 164,187 square foot light industrial building with associated on -site and off -site improvements per the approved plans and as conditioned. A change or modification shall require separate approval.

11. The property owner and /or applicant shall grant the City of Moreno Valley voting rights for their water shares in the Box Springs Mutual Water District.

12. Prior to issuance of grading permits, the developer or successor in interest shall file a lot merger /lot line adjustment to consolidate the subject site to be developed, into one contiguous parcel. The lot line adjustment /lot merger shall be recorded prior to issuance of building permits.
2 of 30
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CONDITIONS OF APPROVAL
Plot Plan (PEN21-0079)

Page 3 ends

13. The project shall be designed and constructed to meet LEED Silver Equivalent with evidence provided to the City.

Prior to Grading Permit

14. Prior to issuance of any grading permit, all Conditions of Approval, Mitigation Measures and Airport Land Use Commission Conditions of Approval shall be printed on the grading plans.

15. Prior to the issuance of grading permits, decorative (e.g. colored/scored concrete or as approve by the Planning Official) pedestrian pathways across circulation aisles/paths shall be provided throughout the development to connect dwellings with open spaces and /or recreational uses or commercial /industrial buildings with open space and /or parking. and/or the public right -of-way. The pathways shall be shown on the precise grading plan. (GP Objective 46.8, DG)

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

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

18. If potential historic, archaeological, Native American cultural resources or paleontological resources are uncovered during excavation or construction activities at the project site, work in the affected area must cease immediately and a qualified person (meeting the Secretary of the Interior's standards (36CFR61)) shall be consulted by the applicant to evaluate the find, and as appropriate recommend alternative measures to avoid, minimize or mitigate negative effects on the historic, prehistoric, or paleontological resource . Determinations and recommendations by the consultant shall be immediately submitted to the Planning Division for consideration, and implemented as deemed appropriate by the Community Development Director, in consultation with the State Historic Preservation Officer (SHPO) and any and all affected Native American Tribes before any further work commences in the affected area.

If human remains are discovered during grading and other construction excavation, no further disturbance shall occur 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 5-days of the published finding to be given a reasonable opportunity to identify the “most likely descendant.” The “most likely descendant” 3 of 30
F.1.26
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CONDITIONS OF APPROVAL
Plot Plan (PEN21-0079)

Page 4 ends

shall then make recommendations, and engage in consultations concerning the treatment of the remains (California Public Resources Code 5097.98). ( GP Objective 23.3, CEQA).

19. Within thirty (30) days prior to any grading or other land disturbance, a pre-construction survey for Burrowing Owls shall be conducted pursuant to the established guidelines of Multiple Species Habitat Conservation Plan. The pre-construction survey shall be submitted to the Planning Division prior to any disturbance of the site and/or grading permit issuance.

20. Prior to issuance of grading permits, the developer shall submit wall /fence plans to the Building and Safety Division for Planning Division review and approval as follows:
a. 3-foot high decorative wall, solid hedge or berm shall be placed in any setback areas between a public right of way and a parking lot for screening. b. Any proposed retaining walls shall also be decorative in nature, while the combination of retaining and other walls on top shall not exceed the height requirement.
c. Proposed screening walls for truck loading areas and required loading docks shall also include decorative walls with pilasters or reveals with a height up to fourteen (14) feet to fully screen trucks as approved by the Community Development Director/Planning Official.
d. Walls and fences for visual screening are required when there are adjacent residential uses or residentially zone property. The height, placement, and design will be based on a site -specific review of the project. Per Planning Commission, the decorative walls along the eastern property line will be ten (10’) feet in height. All walls are subject to the approval of the Planning Official. (MC 9.08.070)

21. Prior to the issuance of grading permits, a temporary project identification sign shall be erected on the site in a secure and visible manner. The sign shall be conspicuously posted at the site and remain in place until occupancy of the project .

The sign shall include the following:
a. The name (if applicable) and address of the development. b. The developer ’s name, address, and a 24-hour emergency telephone number.

Prior to Building Permit

22. Prior to issuance of any Building permit, all Conditions of Approval, Mitigation Measures and Airport Land Use Commission Conditions of Approval shall be printed on the building plans.

23. Prior to issuance of any building permits, final landscaping and irrigation plans shall be submitted for review and approved by the Planning Division. After the third plan 4 of 30
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check review for landscape plans, an additional plan check fee shall apply. The plans shall be prepared in accordance with the City's Landscape Requirements and shall include:
a. A three (3) foot high decorative wall, solid hedge or berm shall be placed in any setback areas between a public right of way and a parking lot for screening. b. Finger and end planters with required step outs and curbing shall be provided every 12 parking stalls as well as at the terminus of each aisle. c. Drought tolerant landscape shall be used. No sod shall be installed) d. Street trees shall be provided every 40 feet on center in the right of way. e. On-site trees shall be planted at an equivalent of one (1) tree per thirty (30) linear feet of the perimeter of a parking lot and per thirty linear feet of a building dimension for the portions of the building visible from a parking lot or right of way .

Trees may be massed for pleasing aesthetic effects.
f. Enhanced landscaping shall be provided at all driveway entries and street corner locations The review of all utility boxes, transformers etc. shall be coordinated to provide adequate screening from public view. g. All site perimeter and parking lot landscape and irrigation shall be installed prior to the release of certificate of any occupancy permits for the site.

24. Prior to issuance of building permits, the Planning Division shall review and approve the location and method of enclosure or screening of transformer cabinets, commercial gas meters and back flow preventers as shown on the final working drawings. Location and screening shall comply with the following criteria :
transformer cabinets and commercial gas meters shall not be located within required setbacks and shall be screened from public view either by architectural treatment or landscaping; multiple electrical meters shall be fully enclosed and incorporated into the overall architectural design of the building (s); back -flow preventers shall be screened by landscaping. (GP Objective 43.30)

25. Prior to issuance of a building permit, the developer /property owner or developer's successor-in-interest shall pay all applicable impact fees due at permit issuance, including but not limited to Multi -species Habitat Conservation Plan (MSHCP) mitigation fees. (Ord)

26. Prior to building final, the developer/owner or developer's/owner’ s successor-in-interest shall pay all applicable impact fees, including but not limited to Transportation Uniform Mitigation fees (TUMF), and the City ’s adopted Development Impact Fees. (Ord)

27. Prior to or at building plan check submittal, the elevation plans shall include decorative lighting sconces on all sides of the buildings of the complex facing a parking lot, courtyard or plaza, or public right of way or open space to provide up-lighting and shadowing on the structures. Include drawings of the sconce details for each building within the elevation plans, approved by the Planning 5 of 30
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Division prior to building permit issuance.

28. Detailed, on -site, computer generated, point -by-point comparison lighting plan, including exterior building, parking lot, and landscaping lighting, shall be included in the Building Plans for review by the Planning Division. The lighting plan shall be generated on the plot plan and shall be integrated with the final landscape plan. The plan shall indicate the manufacturer's specifications for light fixtures used, shall include style, illumination, location, height and method of shielding per the City ’s Municipal Code requirements. After the third plan check review for lighting plans, an additional plan check fee will apply. (MC 9.08.100, 9.16.280)

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

Prior to Building Final or Occupancy

30. Prior to building final, all required landscaping and irrigation shall be installed per plan, certified by the Landscape Architect and inspected by the Planning Division . (MC 9.03.040, MC 9.17).

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

32. Prior to building final, all required and proposed fences and walls shall be constructed according to the approved plans on file in the Planning Division. ( MC

9.080.070).

COMMUNITY DEVELOPMENT DEPARTMENT
Building Division

33. The proposed non -residential project shall comply with the latest Federal Law, Americans with Disabilities Act, and State Law, California Code of Regulations, Title 24, Chapter 11B for accessibility standards for the disabled including access to the site, exits, bathrooms, work spaces, etc.

34. Prior to submittal, all new development, including residential second units, are required to obtain a valid property address prior to permit application. Addresses can be obtained by contacting the Building Safety Division at 951.413.3350. 6 of 30
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35. Contact the Building Safety Division for permit application submittal requirements.

36. The proposed project will be subject to approval by the Box Springs Mutual Water Company and all applicable fees and charges shall be paid for water services prior to permit issuance. Contact the water company at 951.653.6419 for application requirements and specific details.

37. Any construction within the city shall only be as follows: Monday through Friday seven a .m. to seven p .m(except for holidays which occur on weekdays ), eight a .m. to four p .m.; weekends and holidays (as observed by the city and described in the Moreno Valley Municipal Code Chapter 2.55), unless written approval is first obtained from the Building Official or City Engineer.

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

39. The proposed development shall be subject to the payment of required development fees as required by the City ’s current Fee Ordinance at the time a building application is submitted or prior to the issuance of permits as determined by the City.

40. All new structures shall be designed in conformance to the latest design standards adopted by the State of California in the California Building Code, (CBC) Part 2, Title 24, California Code of Regulations including requirements for allowable area, occupancy separations, fire suppression systems, accessibility, etc.

41. The proposed non -residential project shall comply with California Green Building Standards Code, Section 5.106.5.3, mandatory requirements for Electric Vehicle Charging Station (EVCS).

42. The proposed project ’s occupancy shall be classified by the Building Official and must comply with exiting, occupancy separation (s) and minimum plumbing fixture requirements. Minimum plumbing fixtures shall be provided per the California Plumbing Code, Table 422.1. The occupant load and occupancy classification shall be determined in accordance with the California Building Code.

43. Prior to permit issuance, every applicant shall submit a properly completed Waste Management Plan (WMP), as a portion of the building or demolition permit process . (MC 8.80.030)

44. The proposed project is subject to approval by the Edgemont Community Services District and all applicable fees and charges shall be paid for sewer services prior to permit issuance. Contact the Edgemont Community at (951)784-2632 for application requirements and specific details.
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45. All new buildings 10,000 square feet and over, shall include building commissioning in the design and construction processes of the building project to verify that the building systems and components meet the owner ’s or owner representative’s project requirements (OPR). All requirements in the California Green Building Standards Code, sections 5.410.2 - 5.410.2.6 must be met.

ECONOMIC DEVELOPMENT DEPARTMENT (EDD)

46. New Moreno Valley businesses may work with the Economic Development Department to coordinate job recruitment fairs.

47. New Moreno Valley businesses may adopt a “First Source” approach to employee recruitment that gives notice of job openings to Moreno Valley residents for one week in advance of public recruitment.

48. New Moreno Valley businesses are encouraged to hire local residents.

49. New Moreno Valley businesses are encouraged to provide a job fair flyer and /or web announcement to the City in advance of job recruitments, so that the City can assist in publicizing these events.

50. New Moreno Valley businesses may utilize the workforce recruitment services provided by the Moreno Valley Business & Employment Resource Center (“BERC”).

The BERC offers free assistance to Moreno Valley businesses recruiting and training potential employees. Complimentary services include:
• Job Announcements
• Applicant testing / pre-screening
• Interviewing
• Job Fair support
• Training space

FIRE DEPARTMENT
Fire Prevention Bureau

51. All Fire Department access roads or driveways shall not exceed 12 percent grade . (CFC 503.2.7 and MVMC 8.36.060[G])

52. The Fire Department emergency vehicular access road shall be (all weather surface) capable of sustaining an imposed load of 80,000 lbs. GVW, based on street standards approved by the Public Works Director and the Fire Prevention 8 of 30
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Bureau. The approved fire access road shall be in place during the time of construction. Temporary fire access roads shall be approved by the Fire Prevention Bureau. (CFC 501.4, and MV City Standard Engineering Plan 108d)

53. The angle of approach and departure for any means of Fire Department access shall not exceed 1 ft drop in 20 ft (0.3 m drop in 6 m), and the design limitations of the fire apparatus of the Fire Department shall be subject to approval by the AHJ . (CFC 503 and MVMC 8.36.060)

54. Prior to construction, all locations where structures are to be built shall have an approved Fire Department access based on street standards approved by the Public Works Director and the Fire Prevention Bureau. (CFC 501.4)

55. Prior to issuance of Building Permits, the applicant /developer shall provide the Fire Prevention Bureau with an approved site plan for Fire Lanes and signage. ( CFC 501.3)

56. Prior to issuance of Certificate of Occupancy or Building Final, “Blue Reflective Markers” shall be installed to identify fire hydrant locations in accordance with City specifications. (CFC 509.1 and MVLT 440A-0 through MVLT 440C-0)

57. Prior to issuance of Certificate of Occupancy or Building Final, all commercial buildings shall display street numbers in a prominent location on the street side and rear access locations. The numerals shall be a minimum of twelve inches in height . (CFC 505.1, MVMC 8.36.060[I])

58. Existing fire hydrants on public streets are allowed to be considered available .

Existing fire hydrants on adjacent properties shall not be considered available unless fire apparatus access roads extend between properties and easements are established to prevent obstruction of such roads. (CFC 507, 501.3) a - After the local water company signs the plans, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system, including fire hydrants, shall be installed, made serviceable, and be accepted by the Moreno Valley Fire Department prior to beginning construction. They shall be maintained accessible.

59. Final fire and life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. These conditions will be based on occupancy, use, California Building Code (CBC), California Fire Code (CFC), and related codes, which are in effect at the time of building plan submittal.

60. Prior to issuance of Certificate of Occupancy or Building Final, the applicant/developer shall install a fire alarm system monitored by an approved Underwriters Laboratory listed central station based on a requirement for monitoring the sprinkler system, occupancy or use. Fire alarm panel shall be accessible from 9 of 30
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exterior of building in an approved location. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Chapter 9 and MVMC

8.36.100)

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

62. Fire lanes and fire apparatus access roads shall have an unobstructed width of not less than twenty –four (24) feet and an unobstructed vertical clearance of not less the thirteen (13) feet six (6) inches. (CFC 503.2.1 and MVMC 8.36.060[E])

63. Prior to issuance of Certificate of Occupancy or Building Final, the applicant/developer shall install a fire sprinkler system based on square footage and type of construction, occupancy or use. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Chapter 9, MVMC 8.36.100[D])

64. Prior to issuance of the building permit for development, independent paved access to the nearest paved road, maintained by the City shall be designed and constructed by the developer within the public right of way in accordance with City Standards. (MVMC 8.36.060, CFC 501.4)

65. Prior to issuance of a Certificate of Occupancy or Building Final, a “Knox Box Rapid Entry System” shall be provided. The Knox -Box shall be installed in an accessible location approved by the Fire Code Official. All exterior security emergency access gates shall be electronically operated and be provided with Knox key switches for access by emergency personnel. (CFC 506.1)

66. The minimum number of fire hydrants required, as well as the location and spacing of fire hydrants, shall comply with the C .F.C., MVMC, and NFPA 24. Fire hydrants shall be located no closer than 40 feet to a building. A fire hydrant shall be located within 50 feet of the fire department connection for buildings protected with a fire sprinkler system. The size and number of outlets required for the approved fire hydrants are (6” x 4” x 2 ½” x 2 ½”) (CFC 507.5.1, 507.5.7, Appendix C, NFPA 24-7.2.3, MVMC 912.2.1)

67. Fire Department access driveways over 150 feet in length shall have a turn -around as determined by the Fire Prevention Bureau capable of accommodating fire apparatus. (CFC 503 and MVMC 8.36.060, CFC 501.4)

68. During phased construction, dead end roadways and streets which have not been completed shall have a turn -around capable of accommodating fire apparatus . (CFC 503.1 and 503.2.5)

69. If construction is phased, each phase shall provide an approved emergency 10 of 30
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vehicular access way for fire protection prior to any building construction. ( CFC 501.4)

70. Plans for private water mains supplying fire sprinkler systems and /or private fire hydrants shall be submitted to the Fire Prevention Bureau for approval. (CFC 105 and CFC 3312.1)

71. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix B and Table B 105.1.

The applicant /developer shall provide documentation to show there exists a water system capable of delivering said waterflow for 2 hour(s) duration at 20-PSI residual operating pressure. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. Specific requirements for the project will be determined at time of submittal. (CFC 507.3, Appendix B)

72. Dead-end streets and /or fire apparatus access roads in excess of 150 feet in length shall be provided with an approved turnaround for fire apparatus.

73. Prior to building construction, dead end roadways and streets which have not been completed shall have a turnaround capable of accommodating fire apparatus. ( CFC 503.2.5)

74. Prior to issuance of Building Permits, the applicant /developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for review. Plans shall: a.

Be signed by a registered civil engineer or a certified fire protection engineer; b .

Contain a Fire Prevention Bureau approval signature block; and c. Conform to hydrant type, location, spacing of new and existing hydrants and minimum fire flow required as determined by the Fire Prevention Bureau. The required water system, including fire hydrants, shall be installed, made serviceable, and be accepted by the Moreno Valley Fire Department prior to beginning construction. They shall be maintained accessible.

75. Fire Flow Letter meeting the required values of 4000 gpm for a 4 hour duration at 20 psi residual pressure shall be provided at Building Architectural Review and before the release of project's building permits from local water purveyor.

FINANCIAL & MANAGEMENT SERVICES DEPARTMENT
Moreno Valley Utility

76. This project requires the installation of electric distribution facilities . A non -exclusive easement shall be provided to Moreno Valley Utility and shall include the rights of ingress and egress for the purpose of operation, maintenance, facility repair, and 11 of 30
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meter reading.

77. This project requires the installation of electric distribution facilities. The developer shall submit a detailed engineering plan showing design, location and schematics for the utility system to be approved by the City Engineer. In accordance with Government Code Section 66462, the Developer shall execute an agreement with the City providing for the installation, construction, improvement and dedication of the utility system following recordation of final map and /or concurrent with trenching operations and other improvements so long as said agreement incorporates the approved engineering plan and provides financial security to guarantee completion and dedication of the utility system.

The Developer shall coordinate and receive approval from the City Engineer to install, construct, improve, and dedicate to the City all utility infrastructure including but not limited to, conduit, equipment, vaults, ducts, wires, switches, conductors, transformers, and “bring-up” facilities including electrical capacity to serve the identified development and other adjoining, abutting, or benefiting projects as determined by Moreno Valley Utility – collectively referred to as “utility system ”, to and through the development, along with any appurtenant real property easements, as determined by the City Engineer necessary for the distribution and /or delivery of any and all “utility services” to and within the project. For purposes of this condition, “utility services” shall mean electric, cable television, telecommunication (including video, voice, and data) and other similar services designated by the City Engineer . “Utility services” shall not include sewer, water, and natural gas services, which are addressed by other conditions of approval.

The City, or the City ’s designee, shall utilize dedicated utility facilities to ensure safe, reliable, sustainable and cost effective delivery of utility services and maintain the integrity of streets and other public infrastructure. Developer shall, at developer's sole expense, install or cause the installation of such interconnection facilities as may be necessary to connect the electrical distribution infrastructure within the project to the Moreno Valley Utility owned and controlled electric distribution system.

78. Existing Moreno Valley Utility electrical infrastructure shall be preserved in place .

The developer will be responsible, at developer ’s expense, for any and all costs associated with the relocation of any of Moreno Valley Utility ’s underground electrical distribution facilities, as determined by Moreno Valley Utility, which may be in conflict with any developer planned construction on the project site.

79. This project is subject to a Reimbursement Agreement. The Developer is responsible for a proportionate share of costs associated with electrical distribution infrastructure previously installed that directly benefits the project. Payment shall be required prior to issuance of building permits.
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PUBLIC WORKS DEPARTMENT
Land Development

80. Aggregate slurry, as defined in Section 203-5 of Standard Specifications for Public Works Construction, shall be required prior to 90% security reduction or the end of the one -year warranty period of the public streets as approved by the City Engineer .

If slurry is required, a slurry mix design shall be submitted for review and approved by the City Engineer. The latex additive shall be Ultra Pave 70 (for anionic) or Ultra Pave 65 K (for cationic) or an approved equal per the geotechnical report. The latex shall be added at the emulsion plant after weighing the asphalt and before the addition of mixing water. The latex shall be added at a rate of two to two-and-one-half (2 to 2½) parts to one -hundred (100) parts of emulsion by volume .

Any existing striping shall be removed prior to slurry application and replaced per City standards.

81. The developer shall comply with all applicable City ordinances and resolutions including the City ’s Municipal Code (MC) and if subdividing land, the Government Code (GC) of the State of California, specifically Sections 66410 through 66499.58, said sections also referred to as the Subdivision Map Act (SMA). [MC 9.14.010]

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

83. The developer shall monitor, supervise and control all construction related activities, so as to prevent these activities from causing a public nuisance, including but not limited to, insuring strict adherence to the following:
(a) Removal of dirt, debris, or other construction material deposited on any public street no later than the end of each working day.
(b) Observance of working hours as stipulated on permits issued by the Land Development Division.
(c) The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. (d) All dust control measures per South Coast Air Quality Management District (SCAQMD) requirements during the grading operations.

Violation of any condition, restriction or prohibition set forth in these conditions shall subject the owner, applicant, developer or contractor (s) to remedy as noted in City Municipal Code 8.14.090. In addition, the City Engineer or Building Official may suspend all construction related activities for violation of any condition, restriction or prohibition set forth in these conditions until such time as it has been determined that all operations and activities are in conformance with these conditions. 13 of 30
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84. Drainage facilities (e.g., catch basins, water quality basins, etc.) with sump conditions shall be designed to convey the tributary 100-year storm flows .

Secondary emergency escape shall also be provided.

85. In the event right -of-way or offsite easements are required to construct offsite improvements necessary for the orderly development of the surrounding area to meet the public health and safety needs, the developer shall make a good faith effort to acquire the needed right -of-way in accordance with the Land Development Division’s administrative policy. If unsuccessful, the Developer shall enter into an agreement with the City to acquire the necessary right -of-way or offsite easements and complete the improvements at such time the City acquires the right -of-way or offsite easements which will permit the improvements to be made. The developer shall be responsible for all costs associated with the right -of-way or easement acquisition. [GC 66462.5]

86. If improvements associated with this project are not initiated within two (2) years of the date of approval of the Public Improvement Agreement (PIA), the City Engineer may require that the engineer's estimate for improvements associated with the project be modified to reflect current City construction costs in effect at the time of request for an extension of time for the PIA or issuance of a permit. [ MC

9.14.210(B)(C)]

87. The developer shall protect downstream properties from damage caused by alteration of drainage patterns (i.e. concentration or diversion of flow, etc ).

Protection shall be provided by constructing adequate drainage facilities, including, but not limited to, modifying existing facilities or by securing a drainage easement . [MC 9.14.110]

88. Public drainage easements, when required, shall be a minimum of 25 feet wide and shall be shown on the map and plan, and noted as follows: “Drainage Easement – no structures, obstructions, or encroachments by land fills are allowed .” In addition, the grade within the easement area shall not exceed a 3:1 (H:V) slope, unless approved by the City Engineer.

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

90. The proposed private storm drain system shall connect to the project's proposed public storm drain in Sherman Avenue, Day Street, and Alessandro Boulevard. A storm drain manhole shall be placed at the right of way line to mark the beginning of the publicly maintained portion of this storm drain.

91. This project shall submit civil engineering design plans, reports and/or documents 14 of 30
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(prepared by a registered /licensed civil engineer) for review and approval by the City Engineer per the current submittal requirements, prior to the indicated threshold or as required by the City Engineer. The submittal consists of, but is not limited to, the following:
a. Parcel Map (recordation prior to building permit issuance); b. Rough grading with erosion control plan (prior to grading permit issuance); c. Precise grading with erosion control plan (prior to grading permit issuance); d. Street/storm drain with striping, RCFC & WCD storm drain, and sewer /water plans (prior to map approval);
e. Final drainage study (prior to grading plan approval); f. Final WQMP (prior to grading plan approval);
g. Easements, dedications, vacations, etc. (prior to building permit issuance); h. As-Built revision for all plans (prior to occupancy release).

Prior to Grading Plan Approval

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

93. A final detailed drainage study (prepared by a registered /licensed civil engineer ) shall be submitted for review and approved by the City Engineer. The study shall include, but not be limited to: existing and proposed hydrologic conditions as well as hydraulic calculations for all drainage control devices and storm drain lines. The study shall analyze 1, 3, 6 and 24-hour duration events for the 2, 5, 10 and 100-year storm events [MC 9.14.110(A.1)]. A digital (pdf) copy of the approved drainage study shall be submitted to the Land Development Division.

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

95. A final project -specific Water Quality Management Plan (WQMP) shall be submitted for review and approved by the City Engineer, which:
a. Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizes directly connected impervious areas to the City ’s street and storm drain systems, and conserves natural areas;
b. Incorporates Source Control BMPs and provides a detailed description of their implementation;
c. Describes the long -term operation and maintenance requirements for BMPs requiring maintenance; and
d. Describes the mechanism for funding the long -term operation and maintenance of the BMPs.

A copy of the final WQMP template can be obtained on the City ’s Website or by contacting the Land Development Division. A digital (pdf) copy of the approved final project-specific Water Quality Management Plan (WQMP) shall be submitted to 15 of 30
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the Land Development Division.

96. The developer shall ensure compliance with the City Grading ordinance, these Conditions of Approval and the following criteria:
a. The project street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area and outlet points. Unless otherwise approved by the City Engineer, lot lines shall be located at the top of slopes.
b. Any grading that creates cut or fill slopes adjacent to the street shall provide erosion control, sight distance control, and slope easements as approved by the City Engineer.
c. All improvement plans are substantially complete and appropriate clearance letters are provided to the City.
d. A soils /geotechnical report (addressing the soil ’s stability and geological conditions of the site) shall be submitted to the Land Development Division for review. A digital (pdf) copy of the soils /geotechnical report shall be submitted to the Land Development Division.

97. Grading plans (prepared by a registered /licensed civil engineer) shall be submitted for review and approved by the City Engineer per the current submittal requirements.

98. The developer shall select Low Impact Development (LID) Best Management Practices (BMPs) designed per the latest version of the Water Quality Management Plan (WQMP) - a guidance document for the Santa Ana region of Riverside County.

99. The developer shall submit recorded slope easements from adjacent property owners in all areas where grading resulting in slopes is proposed to take place outside of the project boundaries. For all other offsite grading, written permission from adjacent property owners shall be submitted.
100. The developer shall pay all remaining plan check fees. 101. Landscape & Irrigation plans (prepared by a registered /licensed landscape architect) for water quality BMPs shall be submitted for review and approved by the City Engineer per the current submittal requirements, if applicable. 102. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared in conformance with the State ’s current Construction Activities Storm Water General Permit. A copy of the current SWPPP shall be kept at the project site and be available for review upon request.
103. Any proposed trash enclosure shall include a solid cover (roof) and sufficient size for dual bin (one for trash and one for recyclables). The architecture shall be approved by the Planning Division and any structural approvals shall be made by the Building 16 of 30
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& Safety Division.
104. For projects that will result in discharges of storm water associated with construction with a soil disturbance of one or more acres of land, the developer shall submit a Notice of Intent (NOI) and obtain a Waste Discharger ’s Identification number (WDID#) from the State Water Quality Control Board (SWQCB) which shall be noted on the grading plans.

Prior to Grading Permit
105. A receipt showing payment of the Area Drainage Plan (ADP) fee to Riverside County Flood Control and Water Conservation District shall be submitted. [ MC

9.14.100(O)]
106. For non -subdivision projects, a copy of the Covenants, Conditions and Restrictions (CC&Rs) shall be submitted for review by the City Engineer. The CC&Rs shall include, but not be limited to, access easements, reciprocal access, private and /or public utility easements as may be relevant to the project. 107. Prior to the payment of the Development Impact Fee (DIF), the developer may enter into a DIF Improvement Credit Agreement to secure credit for the construction of applicable improvements. If the developer fails to complete this agreement prior to the timing specified above, credits may not be given. The developer shall pay current DIF fees adopted by the City Council. [ Ord. 695 § 1.1 (part), 2005] [ MC

3.38.030, 040, 050]
108. A digital (pdf) copy of all approved grading plans shall be submitted to the Land Development Division.
109. Security, in the form of a cash deposit (preferable), bond or letter of credit shall be submitted as a guarantee of the implementation and maintenance of erosion control measures. At least twenty -five (25) percent of the required security shall be in the form of a cash deposit with the City. [MC 8.21.160(H)]
110. Security, in the form of a cash deposit (preferable), bond or letter of credit shall be submitted as a guarantee of the completion of the grading operations for the project. [MC 8.21.070]
111. The developer shall pay all applicable inspection fees. 112. Prior to the payment of the Transportation Uniform Mitigation Fee (TUMF), the developer may enter into a TUMF Improvement Credit Agreement to secure credit for the construction of applicable improvements. If the developer fails to complete this agreement by the timing specified above, credits may not be given. The 17 of 30
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developer shall pay current TUMF fees adopted by the City Council. [ Ord. 835 § 2.1, 2012] [MC 3.44.060]
Prior to Map Approval
113. The developer shall enter into a Cooperative Agreement with the City and Riverside County Flood Control and Water Conservation District establishing the terms and conditions covering the inspection, operation and maintenance of Master Drainage Plan facilities required to be constructed as part of the project. 114. After recordation, a digital (pdf) copy of the recorded map shall be submitted to the Land Development Division.
115. Maps (prepared by a registered civil engineer and /or licensed surveyor) shall be submitted for review and approved by the City Engineer per the current submittal requirements.
116. The developer shall guarantee the completion of all related improvements required for this project by executing a Public Improvement Agreement (PIA) with the City and posting the required security. [MC 9.14.220]
117. All public improvement plans required for this project shall be approved by the City Engineer in order to execute the Public Improvement Agreement (PIA). 118. The developer shall comply with the requirements of the City Engineer based on recommendations of the Riverside County Flood Control District regarding the construction of County Master Plan Facilities.

Prior to Improvement Plan Approval
119. The developer is required to bring any existing access ramps adjacent to and fronting the project to current ADA (Americans with Disabilities Act) requirements.

However, when work is required in an intersection that involves or impacts existing access ramps, all access ramps in that intersection shall be retrofitted to comply with current ADA requirements, unless otherwise approved by the City Engineer. 120. The developer shall submit clearances from all applicable agencies, and pay all applicable plan check fees.
121. The street improvement plans shall comply with current City policies, plans and applicable City standards (i.e. MVSI-160 series, etc.) throughout this project. 122. The design plan and profile shall be based upon a centerline, extending beyond the project boundaries a minimum distance of 300 feet at a grade and alignment 18 of 30
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approved by the City Engineer.
123. Drainage facilities (i.e. catch basins, etc.) with sump conditions shall be designed to convey the tributary 100-year storm flows. Secondary emergency escape shall also be provided.
124. The hydrology study shall be designed to accept and properly convey all off -site drainage flowing onto or through the site. In the event that the City Engineer permits the use of streets for drainage purposes, the provisions of current City standards shall apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, as in the case where one travel lane in each direction shall not be used for drainage conveyance for emergency vehicle access on streets classified as minor arterials and greater, the developer shall provide adequate facilities as approved by the City Engineer. [MC 9.14.110 A.2] 125. All public improvement plans (prepared by a licensed /registered civil engineer) shall be submitted for review and approved by the City Engineer per the current submittal requirements.
126. Any missing or deficient existing improvements along the project frontage shall be constructed or secured for construction. The City Engineer may require the ultimate structural section for pavement to half -street width plus 18 feet or provide core test results confirming that existing pavement section is per current City Standards; additional signing & striping to accommodate increased traffic imposed by the development, etc.
127. For non -subdivision projects, all street dedications shall be free of encumbrances, irrevocably offered to the public and shall continue in force until the City accepts or abandons such offers, unless otherwise approved by the City Engineer. 128. The plans shall indicate any restrictions on trench repair pavement cuts to reflect the City’s moratorium on disturbing newly -constructed pavement less than three (3) years old and recently slurry sealed streets less than one (1) year old. Pavement cuts may be allowed for emergency repairs or as specifically approved in writing by the City Engineer. Special requirements shall be imposed for repaving, limits to be determined by the City Engineer.
129. All dry and wet utilities shall be shown on the plans and any crossings shall be potholed to determine actual location and elevation. Any conflicts shall be identified and addressed on the plans. The pothole survey data shall be submitted to Land Development with the public improvement plans for reference purposes only. The developer is responsible to coordinate with all affected utility companies and bear all costs of any utility relocation.
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Prior to Encroachment Permit
130. A digital (pdf) copy of all approved improvement plans shall be submitted to the Land Development Division.
131. All applicable inspection fees shall be paid.
132. Any work performed within public right-of-way requires an encroachment permit.

Prior to Building Permit
133. An engineered -fill certification, rough grade certification and compaction report shall be submitted for review and approved by the City Engineer. A digital (pdf) copy of the approved compaction report shall be submitted to the Land Development Division. All pads shall meet pad elevations per approved grading plans as noted by the setting of “blue-top” markers installed by a registered land surveyor or licensed civil engineer.
134. For non -subdivision projects, the developer shall guarantee the completion of all related public improvements required for this project by executing a Public Improvement Agreement (PIA) with the City and posting the required security. [ MC

9.14.220]
135. For Commercial /Industrial projects, the owner may have to secure coverage under the State ’s General Industrial Activities Storm Water Permit as issued by the State Water Resources Control Board.
136. For non -subdivision projects, all street dedications shall be free of encumbrances, irrevocably offered to the public and shall continue in force until the City accepts or abandons such offers, unless otherwise approved by the City Engineer. 137. A walk through with a Land Development Inspector shall be scheduled to inspect existing improvements within public right of way along project frontage. Any missing, damaged or substandard improvements including ADA access ramps that do not meet current City standards shall be required to be installed, replaced and /or repaired. The applicant shall post security to cover the cost of the repairs and complete the repairs within the time allowed in the public improvement agreement used to secure the improvements.
138. Certification to the line, grade, flow test and system invert elevations for the water quality control BMPs shall be submitted for review and approved by the City Engineer (excluding models homes).
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Prior to Occupancy
139. All required as -built plans (prepared by a registered /licensed civil engineer) shall be submitted for review and approved by the City Engineer per the current submittal requirements.
140. The final /precise grade certification shall be submitted for review and approved by the City Engineer.
141. For commercial, industrial and multi -family projects, in compliance with Proposition 218, the developer shall agree to approve the City of Moreno Valley NPDES Regulatory Rate Schedule that is in place at the time of certificate of occupancy issuance. Under the current permit for storm water activities required as part of the National Pollutant Discharge Elimination System (NPDES) as mandated by the Federal Clean Water Act, this project is subject to the following requirements:
a. Select one of the following options to meet the financial responsibility to provide storm water utilities services for the required continuous operation, maintenance, monitoring system evaluations and enhancements, remediation and/or replacement, all in accordance with Resolution No. 2002-46. i. Participate in the mail ballot proceeding in compliance with Proposition 218, for the Common Interest, Commercial, Industrial and Quasi -Public Use NPDES Regulatory Rate Schedule and pay all associated costs with the ballot process; or
ii. Establish an endowment to cover future City costs as specified in the Common Interest, Commercial, Industrial and Quasi -Public Use NPDES Regulatory Rate Schedule.
b. Notify the Special Districts Division of the intent to request building permits 90 days prior to their issuance and the financial option selected. The financial option selected shall be in place prior to the issuance of certificate of occupancy . [California Government Code & Municipal Code]
142. The developer shall complete all public improvements in conformance with current City standards, except as noted in the Special Conditions, including but not limited to the following:
a. Street improvements including, but not limited to: pavement, base, curb and/or gutter, cross gutters, spandrel, sidewalks, drive approaches, pedestrian ramps, street lights (MVU: SL-2), signing, striping, under sidewalk drains, landscaping and irrigation, medians, pavement tapers /transitions and traffic control devices as appropriate.
b. Storm drain facilities including, but not limited to: storm drain pipe, storm drain laterals, open channels, catch basins and local depressions. c. City-owned utilities.
d. Sewer and water systems including, but not limited to: sanitary sewer, potable 21 of 30
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water and recycled water.
e. Under grounding of all existing and proposed utilities adjacent to and on -site. [MC 9.14.130]
f. Relocation of overhead electrical utility lines including, but not limited to :
electrical, cable and telephone.
143. For commercial, industrial and multi -family projects, a “Stormwater Treatment Device and Control Measure Access and Maintenance Covenant ”, "Maintenance Agreement for Water Quality Improvements located in the public right of way" and a "Declaration of Restrictive Covenants (encroachment on City easement)" shall be recorded to provide public notice of the maintenance requirements to be implemented per the approved final project -specific WQMP. A boilerplate copy of the covenants and agreements can be obtained by contacting the Land Development Division.
144. The applicant shall ensure the following, pursuant to Section XII. I. of the 2010 NPDES Permit:
a. Field verification that structural Site Design, Source Control and Treatment Control BMPs are designed, constructed and functional in accordance with the approved Final Water Quality Management Plan (WQMP).
b. Certification of best management practices (BMPs) from a state licensed civil engineer. An original WQMP BMP Certification shall be submitted for review and approved by the City Engineer.
145. The Developer shall comply with the following water quality related items:
a. Notify the Land Development Division prior to construction and installation of all structural BMPs so that an inspection can be performed. b. Demonstrate that all structural BMPs described in the approved final project-specific WQMP have been constructed and installed in conformance with the approved plans and specifications;
c. Demonstrate that Developer is prepared to implement all non -structural BMPs described in the approved final project-specific WQMP; and d. Demonstrate that an adequate number of copies of the approved final project-specific WQMP are available for future owners/occupants. e. Clean and repair the water quality BMP's, including re -grading to approved civil drawing if necessary.
f. Obtain approval and complete installation of the irrigation and landscaping. 146. All outstanding fees shall be paid.

Special Conditions
147. Prior to improvement plan approval, pavement core samples of existing pavement shall be taken and findings submitted to the City for review and consideration of 22 of 30
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pavement improvements. The City will determine the adequacy of the existing pavement structural section. If the existing pavement structural section is found to be adequate, the developer may still be required to perform a 2 inch grind and overlay or slurry seal, depending on the severity of existing pavement cracking, as required by the City Engineer. If the existing pavement section is found to be inadequate, the Developer shall replace the pavement to meet or exceed the City's pavement structural section standard.
148. Prior to occupancy, a 24" reinforced concrete pipe (RCP) public storm drain shall be constructed in Sherman Avenue and Day Street. The proposed 24" RCP shall transition to a 30" RCP in Day Street, then to a 42” RCP in Alessandro Boulevard, after which it will terminate near the Old 215 Frontage Road, north of Alessandro Boulevard. Final design, sizing, and RCP termination point shall be coordinated with the City and Riverside County Flood Control and Water Conservation District (RCFC & WCD), and shall be as approved by the City Engineer. 149. Prior to occupancy, the following improvements shall be completed:

Alessandro Boulevard (134' R /W / 110' CC: 6-Lane Divided Arterial, City Standard No. MVSI-101A-0) shall be constructed to achieve a half -width of 55', full -width median, plus an additional 18' of pavement, along the entire project's south frontage. Improvements shall consist of, but not be limited to, pavement, base, curb, gutter, sidewalk, driveway approaches, drainage structures, any necessary offsite improvement transition /joins to existing, street lights, pedestrian ramps, and dry and wet utilities. Prior to improvement plan approval, the developer shall provide to the City Engineer the results of coring tests confirming that said existing pavement section has been constructed per City Standard No. MVSI-101A-0. Any missing or deficient improvements along the project's south frontage shall be constructed prior to issuance of a certificate of occupancy.
150. Prior to occupancy, the following improvements shall be completed:

Day Street (88' R /W / 64’ CC: Arterial, City Standard No. MVSI-105A-1) shall be constructed to achieve a half -width of 34' plus 2 inch grind and overlay to the westerly gutter edge, along the entire project's west frontage. Improvements shall consist of, but not be limited to, pavement, base, curb, gutter, sidewalk, driveway approaches, drainage structures, any necessary offsite improvement transition /joins to existing, street lights, pedestrian ramps, and dry and wet utilities. Prior to improvement plan approval, the developer shall provide to the City Engineer the results of coring tests confirming that said existing pavement section has been constructed per City Standard No. MVSI-105A-1. Any missing or deficient improvements along the project's west frontage shall be constructed prior to issuance of a certificate of occupancy.
151. Prior to occupancy, the following improvements shall be completed:

Sherman Avenue (60' R/W / 40' CC: Modified Local Street, City Standard No. 23 of 30
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MVSI-107A-0) shall be constructed to achieve a half -width of 20' plus 2 inch grind and overlay to the northerly edge of pavement, along the entire project's north frontage. Improvements shall consist of, but not be limited to, pavement, base, curb, gutter, sidewalk, driveway approaches, drainage structures, any necessary offsite improvement transition /joins to existing, street lights, pedestrian ramps, and dry and wet utilities. Prior to improvement plan approval, the developer shall provide to the City Engineer the results of coring tests confirming that said existing pavement section has been constructed per City Standard No. MVSI-107A-0. Any missing or deficient improvements along the project's north frontage shall be constructed prior to issuance of a certificate of occupancy.
152. Prior to building permit issuance, the developer shall dedicate the following right of way to accommodate the required improvements:
(a) The necessary street right of way dedication on the north side of Alessandro Boulevard (134' R /W / 110' CC: 6-Lane Divided Arterial, City Standard No .

MVSI-101A-0) along project frontage.
(b) The necessary street right of way dedication on the east side of Day Street (88' R/W / 64’ CC: Arterial, City Standard No. MVSI-105A-1) along project frontage. (c) The necessary street right of way dedication on the south side of Sherman Avenue (60' R /W / 40' CC: Modified Local Street, City Standard No. MVSI-107A-0) along project frontage.
(d) A 4 foot minimum pedestrian right of way dedication behind any driveway approach per City Standard No. MVSl-112C-0 on Alessandro Boulevard, Day Street, and Sherman Avenue.
(e) Corner cutback right of way dedication per City Standard No. MVSl-165-0 on the northeast corner of Alessandro Boulevard and Day Street and on the southeast corner of Day Street and Sherman Avenue, as directed by the City Engineer.

Special Districts Division
153. ECSD Street Light Acknowledgement. Prior to the 1st Certificate of Occupancy, the Developer must submit an acknowledgement from Edgemont Community Services District confirming it has accepted all street lights required to be installed by this project into its system for ongoing maintenance. Said acknowledgement must be emailed to SDAdmin@moval .org. ECSD can be reached at 951.784.2411, P .O.

Box 5436, Riverside, CA 92514.
154. Current Standards. The existing parkway /median along the frontage of the project shall be brought to current City Standards. Improvements may include but are not limited to: plant material, irrigation, and hardscape.
155. Maintenance Responsibility. The ongoing maintenance of any landscaping required to be installed behind the curb shall be the responsibility of the property owner. 24 of 30
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156. Bioretention Basin Maintenance. The ongoing maintenance of any bioretention basin, or other like water quality BMP constructed in the public right of way, shall be the responsibility of a property owner association or the property owner. 157. Damage. Any damage to existing landscape areas maintained by the City of Moreno Valley due to project construction shall be repaired /replaced by the Developer, or Developer ’s successors in interest, at no cost to the City of Moreno Valley.

Prior to Building Permit
158. CFD 2014-01. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee, form an association to fund the services or fund an endowment) to provide an ongoing funding source for Landscape Maintenance Services for public parkway, traffic circle, open space, and/or median landscaping on Alessandro Blvd median.

This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful annexation /formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector (s) will not protest the annexation or formation, but will retain the right to object to any eventual tax /assessment/fee that is not equitable should the financial burden of the tax /assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and /or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings.

Alternatively, the condition can be satisfied by the Developer forming a property owner association that will be responsible for the improvements and any and all operation and maintenance costs for the improvements or by funding an endowment in an amount sufficient to yield an annual revenue stream that meets the annual obligation, as calculated by Special Districts Admin staff. The Developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to satisfy this condition.
159. Major Infrastructure SFD Major Infrastructure Financing District. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate 25 of 30
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the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation) to provide an ongoing funding source for the construction and maintenance of major infrastructure improvements, which may include but is not limited to thoroughfares, bridges, and certain flood control improvements. This condition will be applicable provided said district is under development at the time this project applies for the 1st Building Permit. This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful annexation /formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector (s) will not protest the annexation or formation, but will retain the right to object to any eventual tax /assessment/fee that is not equitable should the financial burden of the tax /assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and /or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings. An alternative to satisfying this condition will be identified at such time as a special financing district has been established. At the time of development, the developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to determine if this condition is applicable. 160. NPDES Funding. Prior to applying for the 1st Building Permit and if the Land Development Division requires this project to provide a funding source for the City ’s National Pollutant Discharge Elimination System (NPDES) program, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the balloting/annexation fee or fund an endowment) to provide an ongoing funding source for the NPDES program. This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful special election process into the NPDES program, or other special financing district, and payment of all costs associated with the special election process. Participation in the NPDES program requires an annual payment of the annual special tax, assessment, rate or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the City Council action to consider the ballot /annexation into or formation of the district, the qualified elector (s) will not protest the ballot /annexation or formation, but will retain the right to object to any eventual tax /assessment/rate/fee that is not equitable should the financial burden of the tax /assessment/rate/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special election requires a 26 of 30
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minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings. (MC 3.50.050).

Alternatively, the condition can be satisfied by the Developer funding an endowment in an amount sufficient to yield an annual revenue stream that meets the annual obligation, as calculated by Special Districts Admin staff. The Developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to satisfy this condition.
162. Maintenance Services Funding. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation) to provide an ongoing funding source for the operation and maintenance of public improvements and /or services associated with impacts of the development. This condition will only be applicable provided said district is under development at the time this project applies for the 1st Building Permit. 27 of 30
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An alternative to satisfying this funding source will be identified at such time as a special financing district has been established. At the time of development, the developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to determine if this condition is applicable. 163. Public Safety Funding. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation ) to provide an ongoing funding source for Public Safety services, which may include but is not limited to Police, Fire Protection, Paramedic Services, Park Rangers, and Animal Control services. This condition will only be applicable provided said district is under development at the time this project applies for the 1st Building Permit.

This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful annexation /formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector (s) will not protest the annexation or formation, but will retain the right to object to any eventual tax /assessment/fee that is not equitable should the financial burden of the tax /assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and /or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable 28 of 30
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legislation, and consistent with the scheduling for City Council meetings.

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

Transportation Engineering Division
164. Conditions of approval may be modified or added if a phasing plan is submitted for this development.
165. All project driveways shall conform to City of Moreno Valley Standard Plans No .

MVSI-112C-0 for Commercial Driveway Approaches. Access at the driveways shall be as follows:
•Alessandro Boulevard driveway: Right-in, right -out access for passenger vehicles only. No truck access.
•Day Street driveway (46-feet wide): Full access for passenger vehicles only .

Right-in, left -out for trucks. A raised median at this driveway shall be constructed to prohibit trucks using Day street, north of the project. •Sherman Avenue driveway: Full access for emergency vehicles only. No automobile or truck ingress or egress. Signs shall be posted.

NOTE: Truck directional signage per the approved signing and striping plan shall be installed.
166. All proposed on -site traffic signing and striping should be accordance with the latest California Manual on Uniform Traffic Control Devices (CAMUTCD). 167. Alessandro Boulevard is classified as a Divided Major Arterial (134’RW/110’CC) per City Standard Plan No. MVSI-101A-0. Any modifications or improvements undertaken by this project shall be consistent with the City ’s standards for this facility. Additional road improvements for the north side of Alessandro Boulevard, east of the project limit, shall be needed for a 10:1 transition pavement from ultimate street width along the project frontage to the existing edge of pavement east of the project site. A Class II bicycle lane shall be provided along the project frontage. 168. Day Street is classified as a Minor Arterial (88’RW/64’CC) per City Standard Plan No. MVSI-105A-2. Any modifications or improvements undertaken by this project shall be consistent with the City ’s standards for this facility. A Class III bike lane is required along the project frontage per the City’s Bicycle Plan. 169. Sherman Avenue is classified as a modified Local (60’RW/40’CC) per City Standard Plan No. MVSI-107A-0. Any modifications or improvements undertaken by this project shall be consistent with the City’s standards for this facility. 29 of 30
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170. Prior to final approval of any landscaping or monument sign plans, the project plans shall demonstrate that sight distance at the project driveways conforms to City Standard Plan No. MVSI-164A, B, C-0.
171. Prior to the final approval of the street improvement plans, a signing and striping plan shall be prepared per City of Moreno Valley Standard Plans - Section 4 for all streets along the project's frontage.
172. Communication conduit along project frontages on Alessandro Boulevard and Day Street shall be required per City Standard Plan No. MVSI-186-0.

Prior to Building Permit
173. Prior to issuance of an encroachment permit for work within the public right -of-way, construction traffic control plans prepared by a qualified, registered Civil or Traffic Engineer shall be required for plan approval by the City Engineer.

Prior to Building Final or Occupancy
174. Prior to issuance of a Certificate of Occupancy, all approved street improvements shall be installed to the satisfaction of the City Engineer. 175. Prior to issuance of a Certificate of Occupancy, all approved signing and striping shall be installed per current City Standards.

PARKS & COMMUNITY SERVICES DEPARTMENT
176. This project is subject to current Development Impact Fees. 30 of 30
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Zoning
DISCLAIMER: The information shown on this map was compiled from the City of Moreno Valley GIS and Riverside County GIS. The land base and facility information on this map is for display purposes only and should not be relied upon without independent verification as to its accuracy. Riverside County and City of Moreno Valley will not be held responsible for any claims, losses or damages resulting from the use of this map.

Notes:

Legend
6/29/2022Print Date:

Image Source: Nearmap
Zoning
Commercial
Center Mixed Use
Downtown Center
Corridor Mixed Use
Industrial/Business Park
Public Facilities
Highway Office/Commercial
Office
Business Flex
Large Lot Residential
Residential Agriculture 2 DU/AC
Residential 2 DU/AC
Suburban Residential
Multi-family
Open Space/Park
Road Labels
Parcels
City Boundary
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ID#5878 Page 1

PLANNING COMMISSION

STAFF REPORT
Meeting Date: July 14, 2022

PROPOSED PLOT PLAN FOR THE MORENO VALLEY BUSINESS CENTER FOR A 164,187 SQUARE FOOT LIGHT INDUSTRIAL BUILDING IN THE BUSINESS FLEX

DISTRICT (BF)

Case: PEN20-0162 (Plot Plan)

Applicant: LDC Industrial Realty LLC

Property Owner Housing Authority

Representative Larry Cochrun

Location: North East Corner of Alessandro Boulevard and Day Street

Case Planner: Julia Descoteaux

Council District: 1

Proposal: The applicant is requesting Plot Plan approval for the development of a 164,187 square foot light industrial
building.

SUMMARY

LDC Industrial Realty, LLC (“Applicant”) is requesting approval of a 164,187 square foot light industrial building on 8.2 acres located on the northeast corner of Alessandro Boulevard and Day Street in the Business Flex District.

PROJECT DESCRIPTION

Project

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The 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.

Site/Surrounding Area

The approximately 8.2 acres is located at the north east 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 combinati on of vacant land and si ngle-family residential development, legal non -conforming.

Properties to the south are developed with Community Commercial (CC) to the southwest and Industrial to the southeast.

Access/Parking

The Proposed P roject 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/Landscape

The Proposed Project’s light industrial-type building incorporate s a contemporary architectural design. Smoky blue tower elements provide a focal poin t with prominent vintage wood fiber siding sections, glass, mullions, grey -tinted windows, and metal awnings. T he elements are included on the side elevations for the continuity of the building. The colors of off -white, taupe and warm grey provide the bac kground 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.

REVIEW PROCESS

The Proposed Project has been considered by all appropriate agencies within and outside of the City, consistent with the standard review process required for these type s of development applications. The Proposed Project was reviewed by the Project Review Staff Committee as required by the Municipal Code. Following subsequent revisions and review by various staff, the Project’s entitlement package was deemed complete for F.1.32
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processing for Planning Commission review and approval of the Proposed Project as designed and conditioned.

ENVIRONMENTAL

An Initial Study was prepared by T&B Planning, Inc., in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. The Initial Study examined the 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 Declaration serves as the appropr iate CEQA documentation for the Proposed Project in that the Proposed Project, with the implementation of the proposed mitigation measures, will not have a significant effect on the environment. Technical studies prepared in support of the IS/MND include t he 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, Greenhouse 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 Proposed Project in the following are as:

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

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

The public com ment period for the Notice of Availability for the Initial Study/Mitigated Negative Declaration began on June 16, 2022 , and ends on July 6, 2022 , which satisfies the required 20-day, review period. As of the preparation of this staff report, no comments have been received. Should comments regarding the Proposed Project be received prior to the Planning Commission they will be provided at the public hearing.

NOTIFICATION

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

REVIEW AGENCY COMMENTS

Staff has coordinated with outside trustee and responsible agencies where applicable, as is the standard review process with these types of development applications.

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STAFF RECOMMENDATION

Staff recommends that the Planning Commission take the following actions:

A. That the Planning Commission ADOPT Resolution No. 2022-33, attached hereto, AND:

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

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

B. That the Planning Commission ADOPT Resolution No. 2022-35 attached hereto, AND:

1. APPROVE Plot Plan PEN20 -0162 based on the Recital, Evidence contained in the Administrative Records and Findings as set forth in Resolution No. 2020-35.

Prepared by: Approved by:

Julia Descoteaux Sean P Kelleher
Associate Planner Planning Division Manager

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

1. 2022-33 Resolution IS-MND

2. 5_2022-35 Resolution Plot Plan_Final

3. Exhibit A to 2022-33 Moreno Valley Business Center IS MND

4. A1 - Air Quality Impact Analysis

5. A2 - Mobile Source Health Risk Assessment

6. A3 - Supplemental Air Quality Impact Analysis
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7. A4 - Construction Health Risk Assessment

8. B - Biological Resources Assessment

9. C - Phase I Cultural Resources Survey

10. D - Geotechnical Investigation

11. E - Energy Analysis

12. F - Greenhouse Gas Analysis

13. G - Phase I Environmental Site Assessment

14. H - Paleontological Assessment

15. I1 - Preliminary Hydrology Calculations

16. I2 - Preliminary Water Quality Management Plan

17. J1 - Noise Impact Analysis

18. J2 - Supplemental Noise Analysis

19. K1 - Trip Generation & Scoping Memo

20. K2 - VMT Assessment

21. K3 - Truck Turning Memo

22. Exhibit B to 2022-33 Notice of Intent 06162022-Newspaper Notice07012022

23. Exhibit C to 2022-33 MMRP

24. Exhibit A to 2022-35 Conditions of Approval

25. Project Plans

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

27. Arch 2 - Alessandro Blvd Colored Elevation with Screenwall

28. Arch 3 - Alessandro Blvd Material Board

29. Color Site Plan - Alessandro Blvd & Day St -19142 _ Colored Site

30. DayAlessandro_Zoning

31. Public Comments PEN20-0162 ISMND
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Attachment: Planning Commission 07142022 Staff Report (6001 : PEN20-0162 Moreno Business Center) 1 Public Resources Code §§ 21000-21177
1 14 California Code of Regulations §§15000-15387
RESOLUTION NUMBER 2022-33

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MORENO VALLEY, CALIFORNIA, CERTIFYING A MITIGATED

NEGATIVE DECLARATION AND APPROVING A MITIGATION

MONITORING AND REPORTING PROGRAM FOR THE 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) and CEQA Guidelines; and
WHEREAS, LDC Industrial Realty, LLC., (“Applicant”) is seeking approval for the development of the Moreno Valley Business Center project on an 8.2-acre site that includes a Plot Plan (PEN20-0162) for an approximately 164,187 square foot light industrial building with associated public improvements (“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 environmental assessment for the proposed Project, and, based on the assessment, decided to prepare an Initial Study (“IS”) and Mitigated Negative Declaration (“MND”) 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 conformance with CEQA and the CEQA Guidelines , a Mitigation Monitoring and Reporting Program (“MMRP”) that includes a program for reporting and monitoring Projects’ mitigation measures was prepared for the proposed Project and circulated with the Mitigated Negative Declaration; and WHEREAS, on July 14, 2022 , a hearing was conducted by the Planning Commission to consider and approve the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program and approval of the Proposed Project at which time the Planning Commission considered the Initial Study, Mitigated Negative Declaration, and the Mitigation Monitoring and Reporting Program, together with any comments received during the public review process and the responses prepared; and F.1.33
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Attachment: PC 2022-33 Resolution (6001 : PEN20-0162 Moreno Business Center) WHEREAS, at the conclusion of the public hearing, in the exercise of its own independent judgment, the Planning Commission determined that the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program would 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 that would otherwise require the preparation of an environmental impact report.

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

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

Section 2. Evidence
That the Planning Commission has considered all the evidence submitted into the Administrative Record for the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, including, but not limited to, the following:
(a) Mitigated Negative Declaration/ Initial Study prepared for the proposed Project, attached hereto as Exhibit A;
(b) Notice of Intent to Adopt a Mitigated Negative Declaration /Newspaper Notice, attached hereto as Exhibit B;
(c) Mitigation Monitoring and Reporting Program, attached hereto as Exhibit C; (d) Staff Report prepared for the Planning Commission’s consideration and all documents, records and references related thereto, and Staff’s presentation at the public hearing; and
(e) Testimony, comments and correspondence from all persons that w ere provided at, or prior to, the public hearing.

Section 3. Findings
That based on the content of the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the Planning Commission makes the following findings:
(a) That the City has independently reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and the whole re cord before it, (including, the I nitial Study and comments received ) and, based on the fo regoing, the Planning Commission hereby finds that all environmental impact of the Proposed Project, with mitigation measures, are below a level of significance and there is no substantial evidence supporting a fair argument that the Project will have a significant effect on the environment;
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Attachment: PC 2022-33 Resolution (6001 : PEN20-0162 Moreno Business Center)

(b) That the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been completed in compliance with the CEQA and are consistent with the City’s Rules and Procedures for the implementation of the CEQA;
(c) That the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program represent the independent judgment and analysis of the City as the lead agency for the proposed Project; and
(d) That the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are adequate to serve as the required CEQA environmental documentation for the proposed Project.

Section 4. Adoption
That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings, as set forth herein, t he Planning Commission adopt the Mitigated Negative Declaration /Initial Study attached hereto as Exhibit A and the Mitigation Monitoring and Reporting Program attached hereto as Exhibit C.

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

Section 6. Severability
That the Planning Commission declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sent ences or words of this Resolution as hereby adopted shall remain in full force and effect.

Section 7. Effective Date
That this Resolution shall take effect immediately upon the date of adoption.

Section 8. Certification
That the Secretary of the Planning Commission shall certify to the passage of this Resolution.

PASSED AND ADOPTED THIS 14th day of July, 2022

CITY OF MORENO VALLEY

PLANNING COMMISSION
__________________________________
Alvin DeJohnette, Chairperson
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Attachment: PC 2022-33 Resolution (6001 : PEN20-0162 Moreno Business Center) ATTEST:
_________________________
Sean P. Kelleher,
Planning Official
APPROVED AS TO FORM:
_________________________
Steven B. Quintanilla,
Interim City Attorney
Exhibits:

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

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Attachment: PC 2022-33 Resolution (6001 : PEN20-0162 Moreno Business Center)

Exhibit A

INITIAL STUDY
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Attachment: PC 2022-33 Resolution (6001 : PEN20-0162 Moreno Business Center) Exhibit B

NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION /

NEWSPAPER NOTICE
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Attachment: PC 2022-33 Resolution (6001 : PEN20-0162 Moreno Business Center)

Exhibit C

MITIGATION MONITORING AND REPORTING PROGRAM
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Attachment: PC 2022-33 Resolution (6001 : PEN20-0162 Moreno Business Center) 1 RESOLUTION NUMBER 2022-35

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MORENO VALLEY, CALIFORNIA, APPROVING A PLOT PLAN FOR

THE MORENO VALLEY BUSINESS CENTER FOR THE
CONSTRUCTION OF A 164,187 SQUARE FOOT CONCRETE TILT -UP

LIGHT INDUSTRIAL BUILDING LOCATED AT THE NORTH EAST
CORNER OF ALESSANDRO BOULEVARD A ND 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

WHEREAS, LDC Industrial Realty LLC., (“Applicant”) is seeking approval of a Plot Plan (PEN20-0162)(“Application”), which includes a 164,187 light industrial building with associated public improvements (“Proposed Project”), located north side of Alessandro Boulevard at Day Street (“Project Site”); and

WHEREAS, Section 9.02.070 (Plot Plan) of the Moreno Valley Municipal Code acknowledges that the purpose of plot plans is to provide a mechanism by which all new construction of industrial, commercial or multiple-family residential can be reviewed when not subject to other discretionary review processes which have review authority over the Proposed Project’s design; and

WHEREAS, the Application has been evaluated in accordance with Section

9.02.070 (Plot Plan) of the Municipal Code with consideration given to the City’s General Plan, Zoning Ordinance, and other applicable laws and regulations; and

WHEREAS, Section 9.02.07 0 of the Municipal Code imposes conditions of approval upon projects for which a Plot Plan is required, which conditions may be imposed by the Planning Commission to address on-site improvements, off-site improvements, the manner in which the site is used and any other conditions as may be deemed necessary to protect the public health, safety and welfare and ensure that the Proposed Project will be developed in accordance with the purpose and intent of Title 9 (“Planning and Zoning”) of the Municipal Code; and

WHEREAS, Staff has presented for the Planning Commission’s consi deration Conditions of Approval to be imposed upon the Plot Plan which conditions have been deemed necessary to protect the public health, safety and welfare and ensure that the Proposed Project will be developed in accordance with the purpose and intent of Title 9 (Planning and Zoning) of the Municipal Code; and

WHEREAS, pursuant to the provisions of Section 9.02.200 (Public Hearing and Notification Procedures) of the Municipal Code and Government Code section 65905 , a public hearing was scheduled for July 14, 2022 and notice thereof was duly published and posted, and mailed to all property owners of record within 600 feet of the Project Site; and F.1.34
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Attachment: PC 2022-35 Resolution (6001 : PEN20-0162 Moreno Business Center) 2 WHEREAS, on July 14, 2022 the public hearing to consider the Application was duly conducted by the Planning Commission at which time all interested persons were provided with an opportunity to testify and to present evidence; and

WHEREAS, consistent with the requirements of Section 9.02.070 (Plot Plan) of the Municipal Code, at the public hearing the Planning Commission considered Conditions of Approval to be imposed upon Plot Plan PEN20-0162 (PEN21-0079) for the Plot Plan, which conditions were prepared by Planning Division staff who deemed said conditions to be necessary to protect the public health, safety and welfare and to ensure the Proposed Project will be developed in accordance with the purpose and intent of Title 9 (“Planning and Zoning”) of the Municipal Code; and

WHEREAS, at the public hearing, the Planning Commission considered whether each of the requisite findings specified in Section 9.02.070 of the Municipal Code and set forth herein could be made with respect to the proposed Project as conditioned by Conditions of Approval; and

WHEREAS, on July 14, 2022, in accordance with the provisions of the California Environmental Quality Act (CEQA 1) and CEQA Guidelines, 2 the Planning Commission considered and approved Resolution 2022-33 certifying a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the proposed Project.

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

Section 1. Recitals and Exhibits

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

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

Section 3. Evidence

That the Planning Commission has considered all of the evidence submitted into the administrative record for the Proposed Project, including, but not limited to, the following:

1 Public Resources Code §§ 21000-21177
2 14 California Code of Regulations §§15000-15387
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Attachment: PC 2022-35 Resolution (6001 : PEN20-0162 Moreno Business Center) 3 (a) Moreno Valley General Plan and all other relevant provisions contained therein;
(b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code and all other relevant provisions referenced therein;
(c) Application for the approval of Plot Plan PEN20-0162 (PEN21-0079) and all documents, records and references contained therein;
(d) Conditions of Approval for Plot Plan PEN20-0162 (PEN21-0079), attached hereto as Exhibit A;
(e) Staff Report prepared for the Planning Commission’s consideration and all documents, records and references related thereto, and Staff’s presentation at the public hearing;
(f) Testimony and/or comments from Applicant and its representatives during the public hearing; and
(g) Testimony and/or comments from all persons that wa s provided in written format or correspondence, at, or prior to, the public hearing.

Section 4. Findings

That based on the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the Planning Commission makes the following findings in approving the Proposed Project (Plot Plan PEN20-0162 (PEN21-0079)):

(a) The Proposed Project is consistent with the goals, objectives, policies and programs of the general plan;
(b) The Proposed Project complies with all applicable zoning and other regulations;
(c) The Proposed Project will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; and
(d) The location, design and operation of the Proposed Project will be compatible with existing and planned land uses in the vicinity.

Section 5. Approval

That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings set forth above , the Planning Commission hereby approves the Proposed Project ( Plot Plan PEN20-0162) subject to the Conditions of Approval for Plot Plan PEN20-0162 attached hereto as Exhibit A.

Section 6. Repeal of Conflicting Provisions

That all the provisions as heretofore adopted by the Planning Commission that are in conflict with the provisions of this Resolution are hereby repealed.

Section 7. Severability

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Attachment: PC 2022-35 Resolution (6001 : PEN20-0162 Moreno Business Center) 4 That the Planning Commission declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions , sections, paragraphs, sent ences or words of this Resolution as hereby adopted shall remain in full force and effect.

Section 8. Effective Date

That this Resolution shall take effect immediately upon the date of adoption.

Section 9. Certification

That the Secretary of the Planning Commission shall certify to the passage of this Resolution.

PASSED AND ADOPTED THIS 14th day of July 2022.

CITY OF MORENO VALLEY

PLANNING COMMISSION
___________________________________
Alvin DeJohnette, Chairperson
ATTEST:
___________________________________
Sean Kelleher, Planning Manager

APPROVED AS TO FORM:
___________________________________
Steven B. Quintanilla, City Attorney

Exhibits:

Exhibit A: Conditions of Approval

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Attachment: PC 2022-35 Resolution (6001 : PEN20-0162 Moreno Business Center) 5 Exhibit A

CONDITIONS OF APPROVAL
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Attachment: PC 2022-35 Resolution (6001 : PEN20-0162 Moreno Business Center)

Report to City Council

ID#6010 Page 1
TO: Mayor and City Council

FROM: Brian Mohan, Assistant City Manager

AGENDA DATE: December 6, 2022

TITLE: PUBLIC HEARING TO ADOPT SUBSTANTIAL
AMENDMENT NO. 3 TO THE 2019 -2020 ANNUAL ACTION

PLAN CARES ACT AMENDMENT

RECOMMENDED ACTION
Recommendations: That the City Council:

1. Conduct a Public Hearing to allow public comment on the proposed Substantial Amendment No. 3 to the 2019 -2020 Annual Action Plan CARES Act Amendment.

2. Review and adopt the proposed Substantial Amendment No. 3 to the 2019 - 2020 Annual Action Plan CARES Act Amendment.

3. Authorize a budget amendment as set forth in the fiscal impact section and authorize the Chief Financial Officer to reduce/de -obligate grant funds from previously awarded HUD funds.

SUMMARY

This report recommends that the City Council conduct a Public Hearing to Substantial Amendment No. 3 to the 2019 -2020 Annual Action Plan CARES Act Amendment to include the following changes to the Emergency Solutions Grants Coronavirus Funds (ESG-CV) Grant:

The U.S Department of Housing and Urban Development (HUD), published notice CPD- 22-06 on April 18, 2022, requiring immediate action to ensure compliance with drawdown requirements by June 16, 2022. Notice CPD -22-06 stated that HUD may recapture up to the difference between drawn funds and 50 percent of the total amount F.2
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of a recipient’s first and second allocations of ESG -CV funds, if unspent by June 16, 2022.

Per HUD’s direction, recipients from whom HUD have recaptured funds must amend their annual action plan to reflect the r educed grant amount and publish the updated plan online at the appropriate government website or through other electronic media.

The reduction/re -obligation of these funds were a result from a recapture of ESG -CV funding by HUD. There will be no additiona l impact to projects previously approved by the City Council.

DISCUSSION

As a recipient of federal grant funding, the City of Moreno Valley completes a five -year Consolidated Plan and an Annual Action Plan Update that details the use of the grant funds i ssued to the City by HUD. Under the City’s Citizen Participation Plan, it is required that in cases where there are substantial changes to an approved Plan that City notify its citizens of the proposed amendment(s) and provide them the opportunity to comme nt by holding a Public Hearing, then submitting the Council -approved ‘Substantial Amendment(s)’ to HUD for final approval. Tonight’s Public Hearing provides the opportunity for public comment and outlines the proposed Substantial Amendment No. 3 to the 2019-2020 Annual Action Plan CARES Act Amendment.

This staff report requests the City Council approve the Substantial Amendment No. 3 to the 2019 -2020 Annual Action Plan CARES Act Amendment and reduce/de -obligate funding allocations as follows:

1. Reduce funding to United Ways of Inland Valleys Moval Rental Rescue Program by $399,005

2. De-obligate funding to Remnant Life Street Outreach Program by $47,495

3. De-obligate funding to Rising Star Business Academy Homeless Prevention Program by $32,500, and

4. Reduce ESG-CV administration to City by $53,787

ALTERNATIVES

Alternative 1. Conduct the Public Hearing, adopt the ESG -CV Substantial Amendment No. 3 to the 2019 -2020 Annual Action Plan CARES Act Amendment ; authorize the Chief Financial Officer to reduce/de -obligate grant funds from HUD -approved grant activities. Staff recommends this action because it complies with HUD’s substantial amendment requirements, would allow the City to meet the commitment goals established for the ESG-CV programs.

Alternative 2: Decline to adopt the ESG -CV Substantial Amendment No. 3 to the 2019-2020 Annual Action CARES Act Amendment; do not authorize the Chief Financial Officer to reduce/de -obligate grant funds between HUD -approved grant activities. Staff F.2
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does not recommend this act ion because it would not allow the City to meet its upcoming commitment goals established for the ESG-CV programs.

FISCAL IMPACT

The reduction/de-obligation of the ESG -CV funds have been recaptured by HUD. The reduction/de-obligation of the ESG -CV fund s will not impact any projects previously approved by the City Council. This amendment would have no impact on the General Fund.

The following reduction/de-obligation of grant funds is proposed:

Description Fund Section Type
(Rev/Exp.)
FY 22/23
Budget
Proposed
Adjustments
FY 22/23
Amended
Budget
Revenue Fund 2514
ESG-CV CARES Act – ESG-CV Rev. $ 2,373,991 ($ 532,787) $ 1,841,204 Project
Expenditures
Fund 2514
ESG-CV CARES Act – ESG-CV Exp. $ 2,373,991 ($ 532,787) $ 1,841,204

NOTIFICATION

Notice of t his meeting was published in the Press -Enterprise newspaper on November 3, 2022, and in the Spanish -language newspaper, La Prensa, November 4, 2022. As part of HUD’s issued waivers of standard regulations for CARES Act funds, the official 30-day public rev iew period was set in place from November 3, 2022, to December 3, 2022. Respondents were given the opportunity to provide comments via email, telephone, and in person. Staff would like to note that at the time of submission of this report there were no com ments received from the public in either support or opposition these projects.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Felicia London Brian Mohan
Purchasing & Sustainability Division Manager Assistant City Manager/Chief Financial Officer/ City Treasurer

CITY COUNCIL GOALS
None

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 atta chments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. SA No.3-Public Notice-2019-20 AAP CARES Amendment No.3-ESGCV Recapture

APPROVALS

Budget Officer Approval ✓ Approved . 11/23/22 9:56 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 11/23/22 11:08 AM F.2
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NOTICE OF PUBLIC COMMENT PERIOD AND PUBLIC HEARING TO
ADOPT SUBSTANTIAL AMENDMENT NO. 3 TO THE 2019-2020 ANNUAL

ACTION PLAN CARES ACT AMENDMENT
The City is proposing Substantial Amendment No. 3 to the 2019-2020 Annual Action Plan Cares Act Amendment (“the Amendment”). The Amendment is available for public review and comment for 30 days from November 3, 2022 through December 3, 2022. To view the Amendment in its entirety, please visit the City’s website at www.moval.org and click on Departments/Financial & Management Services and under the Grants & Programs option click on the Grants Monitoring and Administration link and choose the Grant Reports tab.

About the proposed Amendment:

As a recipient of federal CARES Act ESG-CV grant funding in 2020, the City of Moreno Valley completed a CARES Amendment to the 2019-2020 Annual Action Plan (“CARES Amendment”) providing detailed use of the ESG-CV grant funds issued to the City by HUD. Under the City’s Citizen Participation Plan, it is required that in cases where there are substantial changes to an approved CARES Amendment that the City notify its citizens of the proposed amendment and provide them the opportunity to comment by holding a public hearing, then submitting the Council-approved amendment to HUD for final approval. The following changes summari ze the proposed Substantial Amendment No. 3 to the 2019- 2020 Annual Action Plan CARES Act Amendment:
 Reduce/De-obligate ESG-CV Funding. As result of the recapture of $537,787.04 of ESG-CV funding by HUD in July 2022, reduce funding to United Way of Inland Valleys Moval Rental Rescue Program by $399,005.00, de-obligate funding to Remnant Life Street Outreach Program by $47,495.00, de-obligate funding to Rising Star Business Academy Homeless Prevention Program by $32,500.00 and reduce ESG-CV administration to City by $53,787.04.

The proposed amendment will be available for public review from November 3, 2022 through December 3, 2022. The City Council will hold a Public Hearing to receive comments and adopt the proposed Amendment on Tuesday, December 6, 2022 at 6:00 p.m. at the following location:

City Council Chamber
Moreno Valley City Hall
14177 Frederick Street
Moreno Valley, CA 92552

Citizens of the City of Moreno Valley and the general public are encouraged to attend. All persons interested in this matter may appear and be heard at the hearing. Persons of low- and moderate-incomes, disabled, homeless, elderly and members of minority group are particularly encouraged to attend. If unable to attend, comments may be provided by contacting the Financial Operations Division at (951) 413-3450 or e-mailing [email protected].

Upon request, this invitation public notice will be made availa ble in appropriate alternative formats to persons with disabilit ies, in compliance with the Americans with Disabilities Act of 1990. Any person with a disability who requires a modification or accommodation in or der to participate in these activities should direct such r equests to, James Verdugo, Building and Safety Supervisor, at 951.413.3350 at least 72 hours before the activity. The 72-hour notification will enable the City to make reasonable arrangements to ensure accessibility and participation.

Date Published: November 3, 2022

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Attachment: SA No.3-Public Notice-2019-20 AAP CARES Amendment No.3-ESGCV Recapture (6010 : PUBLIC HEARING TO ADOPT

Report to City Council

ID#6015 Page 1
TO: Mayor and City Council

FROM: Brian Mohan, Assistant City Manager

AGENDA DATE: December 6, 2022

TITLE: PUBLIC HEARING FOR THE FIVE-YEAR CONSOLIDATED
PLAN FOR PROGRAM YEARS 2023 -2028 AND THE
ANNUAL ACTION PLAN FOR PROGRAM YEAR 2023-2024
& TO ADOPT 2023-2024 OBJECTIVES AND POLICIES.

RECOMMENDED ACTION
Recommendations: That the City Council:

1. Conduct a Public Hearing to allow for the public to comment on the needs of low - and-moderate income residents in Moreno Valley.

2. Approve the proposed CD BG, HOME, and ESG Grant Objectives and Policies for the 2023-2024 Program Year.

SUMMARY

Every year, the Department of Housing and Urban Development (HUD) allocates federal grant monies to the City of Moreno Valley known as the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and the HOME Investment Partnership Program (HOME). These grants are used to provide services to benefit low -and-moderate income persons. (See Attachment 1 for the most recent income levels). Eligible CDB G activities range from social services to capital improvements to business and employment development. HOME funds must be used toward the development of affordable housing programs. HUD requires that cities concentrate their programs in areas determined t o contain residents of which at least 51% earn low -to-moderate incomes. These areas are referred to as ‘CDBG Target Areas. (See Attachment 2 for a map of Moreno Valley’s CDBG Target Areas.)

As a condition for receiving Federal funding under the CDBG, ESG, and HOME Programs, grantee cities must prepare a Consolidated Plan and an Annual Action Plan.

The City will conduct two public hearings and a 30 -day comment period to allow for F.3
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public input in the development of these documents. The City Council is asked to open the PUBLIC HEARING to discuss and adopt Objectives/Policies and Collect Community Needs Comments. The Plan will address housing, homeless, community development and economic development needs to be undertaken with federal funds under the CDBG, ESG and HOME programs.

DISCUSSION

Consolidated Plan

The Consolidated Plan identifies the housing and community development needs of the City’s low -and-moderate income community, as defined by HUD, and establishes the City’s HUD -funded strategies for addre ssing these needs for a five -year period. It serves as the official application to HUD for the CDBG, ESG and HOME Programs.

Moreno Valley’s existing Consolidated Plan was adopted in FY 2018 and will remain in effect until June 30, 2023. The next Consolidat ed Plan will cover the five -year period from July 1, 2023, through June 30, 2028.

Needs Assessment

In addition to extensive research performed by the consultant, participation by community members is crucial in recognizing the most pressing housing and community development needs in the region. To solicit public input during the plan development two public hearings, and a 30-day comment period will be held.

Citizen input will be included in the public engagement section of the Consolidated Plan and will be used to help develop housing and community development needs, which will be summarized in the Needs Assessment section of the Consolidated Plan. Needs which have been determined to be a High Priority level will receive funding during the 2023-2028 Consolidated Plan period. Needs with a Low Priority may be funded based on the availability of funds.

Based on the purposes and goals of the HUD programs, the City intends to use the grant funds to coordinate programs, services, and projects to create a dec ent and suitable living environment to benefit low - and moderate-income households and those with special needs.

The priorities for each category in the 2023-2028 Consolidated Plan are listed below:

• CDBG Housing and Community Development Funding Priorities

1. Capital Improvement Activities

2. Economic Development Activities

3. Health, Safety and Public Welfare

4. Housing and Neighborhood Improvement Activities

5. Historic Preservation

6. Slum or Blight Activities

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• CDBG Public Service Funding Priorities

1. Basic Needs Related to Social Services Programs (such as but not limited to emergency food, shelter (homelessness), and utility assistance)

2. Community Public Safety Programs

3. Programs Offering Low-Cost Transportation

4. Employment Services/Programs and Job Skills Training

5. Free/Low-Cost Programs for School-Aged Youth

6. Fair Housing

• HOME Investment Partnership Program (HOME) Funding Priorities

1. Housing and Neighborhood Improvement Activities

• Emergency Solutions Grant (ESG) Funding Priorities

1. Homeless/Homeless Prevention Activities

Strategic Plan

As part of the Consolidated Plan, a Strategic Plan will be developed that describes the following: general priorities for assisting households; programs to assist those households in need; an d five -year objectives identifying proposed accomplishments.

The Strategic Plan also addresses anti -poverty strategy; lead -based paint hazard reduction; reduction of barriers to affordable housing; and institutional processes/structure and coordination among agencies.

Annual Action Plan

For each Consolidated Plan year, entitlement cities must adopt a separate planning document called the Annual Action Plan. The Annual Action Plan identifies how the City will allocate both CDBG, ESG and HOME funds for the upcoming year while meeting the goals established in the Consolidated Plan. Each Annual Action Plan must include up-to-date Objectives and Policies for both CDBG, ESG and HOME Programs.

Prior to submittal of the FY 2023 -2028 Annual Action Plan, the City will complete a series of sequential activities including three City Council meetings to:

1. Adopt current Objectives and Policies,

2. Recommend CDBG, ESG and HOME Project Selections to Council, and

3. Adopt the program year Annual Action Plan.

2023-2028 Recommendation of Priority Ranking under the ‘Public Services’ Objective.

An eligible use of CDBG monies is ‘Public Services’. Public Services can include but not limited to food banks, homeless shelters, specialized counseling, foster youth services, etc. that benefit the City’s low -income households. HUD limits the monies that can be used toward Public Services to 15% of the overall annual CDBG allocation, which for F.3
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Moreno Valley averages approximately $1,900,000 per year. Because these particular monies are very limited and the demand is so high, staff has established a priority ranking within this objective category that assists in reaching decisions on which programs are best suited for the community within a given year.

After comprehensive research , including consideration of public input and review of various program reports, including those provided by the City’s local non -profits currently serving the City’s low -and-moderate income population, staff recommends the following priority ranking under the Public Service Objective:

1. Basic Needs Related Social Services Programs (such as but not limited to emergency food, shelter (homelessness), and utility assistance)

2. Community Public Safety Programs

3. Programs Offering Low-Cost Transportation

4. Employment Services/Programs and Job Skills Training

5. Free/Low-Cost Programs for School-Aged Youth

6. Fair Housing

Public Engagement

Citizen participation is one of the most important components of the Consolidated Plan and Annual Action Plan process. To solicit public input during the development of the plans, two public hearings and a 30 -day comment period will be administered. Before the City can begin the project selection process for CDBG, ESG, and HOME, HUD requires the City to complete a mandat ory ‘Citizen Participation Process’ and adopt objectives and policies that reflect the current needs of the community.

Moreno Valley’s ‘Citizen Participation Process’

The ‘Citizen Participation Process’ is intended to encourage active and informed participation in the CDBG, ESG, and HOME programs by the community. Each year as part of this process, Moreno Valley holds community -based meetings and Public Hearings to receive input on the current needs of its low -to-moderate income residents.

Attendees are a sked to comment on issues and problems affecting low -to-moderate income persons so that the City make informed funding decisions.

Comments received at these meetings are taken into consideration when forming the Objectives and Policies for the program year.

Purpose of Objectives and Policies

In accordance with HUD’s requirements, Moreno Valley’s Objectives and Policies must be re-evaluated each year to ensure they adequately reflect the current needs of the community. The updated Objectives and Policies must then be adopted by the City Council for the upcoming CDBG, ESG, and HOME program year. Objectives and Policies primarily focus on: (1) defining the City’s funding priorities, (2) offering project F.3
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selection criteria, and (3) providing guidance for sta ff when reviewing and recommending programs and projects for funding. Both are distributed to non -profit agencies who are interested in applying for funding to develop a local social service program in Moreno Valley and convey important information about t he eligible categories of programs and the City’s priorities for local organizations.

30-Day Public Comment Period

In accordance with the City's Citizen Participation Plan, the City will release the draft 2023-2028 Five -Year Consolidated Plan and draft 2023-2024 Action Plan for public comment. The documents will be made available to the public for a 30 -day review and comment period beginning on March 3, 2023 and ending on May 1, 2023.

ALTERNATIVES

The City Council has the following alternatives:

1. City Council may conduct a Public Hearing, receive comments, and adopt the proposed CDBG, ESG, and HOME Objectives and Policies as listed on Attachment

3. The City Council may amend or reprioritize any of the proposed Objectives and Policies. Staff recomme nds this alternative as doing so will meet HUD’s requirements, as well as provide the public and staff with direction regarding funding proposals for FY 2023-2024.

2. City Council may choose not to adopt the proposed CDBG, and HOME Objectives and Policies as listed on Attachment 3. Staff does not recommend this alternative because it would delay the necessary measures to meet HUD’s established deadline for submission of these documents.

FISCAL IMPACT

The City, as an entitlement city for CDBG, ESG, and HO ME funds, receives grant funds every year to carry out eligible housing and community development activities. Further, staffing costs for administering the CDBG, ESG, and HOME programs are covered by an administration cap within each program. No General Fu nd money is used for the CDBG or HOME programs; therefore, there is NO FISCAL IMPACT TO THE GENERAL FUND.

NOTIFICATION

Notice of this meeting was published in the local edition of the Press -Enterprise newspaper on November 3, 2022.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Felicia London Brian Mohan
Purchasing & Sustainability Division Manager Assistant City Manager/Chief Financial Officer F.3
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CITY COUNCIL GOALS
None

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. Attachment 1_2022 HUD Income Limits

2. Attachment 2_CDBG HUD Tracts

3. Attachment 3_Policies and Objectives

APPROVALS

Budget Officer Approval ✓ Approved . 11/23/22 8:03 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 11/23/22 9:32 AM F.3
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Attachment 1

CDBG 2022 INCOME LIMITS
Revised Annually by the Dept. of Housing & Urban Development (HUD)

Annual Income Level

% of Area Median
Number of Persons in Household
1 2 3 4 5 6 7 8
Extremely Low Income 30% $ 18,500 $ 21,150 $ 23,800 $ 26,400 $ 28,550 $ 30,650 $ 32,750 $ 34,850 Very Low Income 50% $ 30,800 $ 35,200 $ 39,600 $ 44,000 $ 47,550 $ 51,050 $ 54,600 $ 58,100 Low/Moderate Income 80% $ 49,300 $ 56,350 $ 63,400 $ 70,400 $ 76,050 $ 81,700 $ 87,300 $ 92,950 Eﬀective: June 15, 2022 https://www.hudexchange.info/resource/5334/cdbg‐income‐limits/ F.3.a
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Attachment: Attachment 1_2022 HUD Income Limits (6015 : PUBLIC HEARING FOR THE FIVE-YEAR CONSOLIDATED PLAN FOR PROGRAM Attachment 1

2022 ADJUSTED HOME INCOME LIMITS
Revised Annually by the Dept. of Housing & Urban Development (HUD)

Annual Income Level Number of Persons in Household
1 2 3 4 5 6 7 8
Extremely Low Income
(30%) $ 18,500 $ 21,150 $ 23,800 $ 26,400 $ 28,550 $ 30,650 $ 32,750 $ 34,850 Very Low Income (50%) $ 30,800 $ 35,200 $ 39,600 $ 44,000 $ 47,550 $ 51,050 $ 54,600 $ 58,100 60% Limits $ 36,960 $ 42,240 $ 47,520 $ 52,800 $ 57,060 $ 61,260 $ 65,520 $ 69,720 Low/Moderate Income
(80%) $ 49,300 $ 56,350 $ 63,400 $ 70,400 $ 76,050 $ 81,700 $ 87,300 $ 92,950 Effective: June 15, 2022 https://www.huduser.gov/portal/datasets/home‐ datasets/files/HOME_IncomeLmts_State_CA_2022.pdf
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Attachment: Attachment 1_2022 HUD Income Limits (6015 : PUBLIC HEARING FOR THE FIVE-YEAR CONSOLIDATED PLAN FOR PROGRAM Attachment 1

ESG 30% Extremely Low Income
Median Number of Persons in Household
1 2 3 4 5 6 7 8
$ 87,400 $18,500 $21,150 $23,800 $26,400 $28,550 $30,650 $32,750 $34,850 Effective Date: April 18, 2022 https://www.huduser.gov/portal/datasets/il/il22/IncomeLimits‐30‐ FY22.pdf

ESG‐CV 50% Very Low Income
Median Number of Persons in Household
1 2 3 4 5 6 7 8
$ 87,400 $ 30,800 $ 35,200 $ 39,600 $ 44,000 $ 47,550 $ 51,050 $ 54,600 $ 58,100 Effective Date: April 18, 2022
https://www.huduser.gov/portal/datasets/il/il2022/2022summary.odn F.3.a
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Attachment: Attachment 1_2022 HUD Income Limits (6015 : PUBLIC HEARING FOR THE FIVE-YEAR CONSOLIDATED PLAN FOR PROGRAM Attachment 3

COTTONWOOD AVE

CACTUS AVE

MORENO BEACH DR

REDLANDS BLVD

HEMLOCK AVE

DRACAEA AVE

BAY AVE

ALESSANDRO BLVD

SINCLAIR ST

BRODIAEA AVE
ID
1 2
3 4
5 6
7 8
9 10
11 12
13 14
Census Tract Block Group
42402
42404
42405
42405
42409
42505
42505
42508
42509
42510
42510
42511
42511
42512
1 1
1 2
2 1
2 2
1 2
3 1
2 1
17 18
19 20
21 22
42514
42514
42515
42515
42516
42516
1 2
1 2
1 2

PERRIS BLVD

BOX SPRINGS RD

·|}þ60
O

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5 3 4

HEMLOCK AVE

IRONWOOD AVE

2 SUNNYMEAD BLVD
19 25

JACLYN AVE

KALMIA ST

1 ·|}þ60

JUNIPER AVE

6 DRACAEA AVE

GATE BLVD
16 17

13 14
28 FIR AVE

20 22

EUCALYPTUS AVE
26 DRACAEA AVE

FIR AVE

COTTONWOOD AVE
7 BAY AVE 21

ALESSANDRO BLVD
BAY AVE 27 30 BAY AVE
15 12
29 CACTUS AVE
11 9

24 DELPHINIUM AVE
10 23

CACTUS AVE

BRODIAEA AVE

15 42512 2
16 42513 1

('&215

·|}þ60

8 GENTIAN AVE

IRIS AVE

JOHN F KENNEDY DR
31 32

IRIS AVE

23 42517 2
24 42518 1
25 42519 1
26 42520 1
27 42521 2
28 46700 2
29 46700 3
30 46800 1
31 48902 1
32 48902 2

NANDINA AVE

MANZANITA
City of
Moreno Valley
HUD Low-Mod Census
Tracts/Blocks
2022
Effective Date: July 1, 2022
HUD Low-Mod Tracts/BlkGrps
0 ¯
2,000 4,000
Ft
0 0.5
Mi
1 Map Produced by Moreno Valley
Geographic Information System
Geographic Information in:

State Plane NAD 83 California Zone 6 Feet
G:\Divisions\Finance\2022\MXD\
CDBG_HUD_Tracts080222B.mxd
02 August 2022

The information shown on this map was compiled from
the Riverside County GIS and the City of Moreno Valley
GIS. The land base and facility information on this map is for display purposes only and should not be relied upon without independent verification as to its accuracy. Riverside County and City of Moreno Valley will not be held responsible for any claims, losses or damages resulting from the use of this map.

·|}þ60
(&'%215

GENTIAN AVE

KRAMERIA AVE

DAY ST DAY ST

ELSWORTH ST

FREDERICK ST FREDERICK ST PIG

GRAHAM ST

HEACOCK ST HEACOCK ST

INDIAN ST INDIAN ST

PERRIS BLVD PERRIS BLVD

KITCHING ST KITCHING ST KITCHING ST

LASSELLE ST LASSELLE ST

MORRISON MORRISON ST

NASON ST

OLIVER ST
18 Attachment 2 F.3.b
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Attachment: Attachment 2_CDBG HUD Tracts (6015 : PUBLIC HEARING FOR THE FIVE-YEAR CONSOLIDATED PLAN FOR PROGRAM YEARS Attachment 3
1 FY 2023-2028 Proposed CDBG, HOME, & ESG
Objectives and Policies
The City of Moreno Valley proposes to establish the following Objectives and Policies in order to give maximum priority to projects and activities that will benefit low-to-moderate income residents. Proposed programs for the upcoming year should fit into one of the categories of Program Objectives. CDBG programs must also fit into one of the listed National Objectives. Staff will abide to the given Policies when revie wing proposed programs for potential funding.

CDBG NATIONAL OBJECTIVES

In order for an activity or program to be el igible for CDBG funding, it must qualify as meeting one or more of the following three national objectives as well as one of the general program objectives below:

1) Activities Benefiting Low- and Moderate-income Persons and/or Households:

A low-to-moderate income person or household is one having an income equal to or less than the Section 8 lower income limits established by HUD. This objective includes direct services to the low -to-moderate income, services benefitting a low-income area, or ‘limited clientele’, who are designated groups presumed by HUD to automatically qualify as low-to-moderate income.

2) Activities Which Aid in the Prevention or Elimination of Slums or Blight:

This objective can be achieved on a spot basis, area basis, or address blight in a designated urban renewal area.

3) Activities Designed to Meet Community Development Needs Having a Particular Urgency: This objective is given priority under formally declared state of emergencies and is normally used to alleviate urgent conditions caused by major catastrophes, natural disasters, or other emergencies that presents a serious and immediate threat to the health and welfare of the community.

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Attachment: Attachment 3_Policies and Objectives (6015 : PUBLIC HEARING FOR THE FIVE-YEAR CONSOLIDATED PLAN FOR PROGRAM Attachment 3
2 GENERAL PROGRAM OBJECTIVES (listed alphabetically)

Capital Improvement Activities

Acquisition, design, construction, and installation of needed public facilities and improvements located in CDBG income eligible Target Areas where infrastructure is missing or substandard. Public facilities and improvements may include ADA -compliant ramps and sidewalk improvements, storm drains, and water and sewer lines. Improvements shall facilitate pedestrian activity, eliminate flooding, and provide for safer streets within the Target Areas.

Economic Development Activities*

Expanded economic opportunities through micro -enterprise loan programs and counseling as well as employment and job skills programs to create and retain jobs for low-and-moderate persons.

Fair Housing Activities *

The promotion of housing choice and support of state and federal fair housing laws to ensure that all residents have access to a decent home in a suitable living environment in the City. Fair Housing activities are met by promoting and affirmatively furthering equitable housing opportunities through education, counseling, enforcement, and training.

This objective also includes the prevention of foreclosure through counseling, mediation, and case management for homeowners facing mortgage delinquency, default, or any stage of foreclosure, thereby maintaining safe, stable neighborhoods and community.

Health, Safety, and Public Welfare

Eliminating conditions which are detrimental to health, safety, and public welfare through interim rehabilitation, community policing, code enforcement, etc.

Historic Preservation*

Restoring and preserving properties formally designated as historic structures.

Homeless/Homeless Prevention Activities

Improve the quality of life for the city’s homeless and those threatened with homelessness by extending emergency services aimed at assisting, protecting, F.3.c
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Attachment: Attachment 3_Policies and Objectives (6015 : PUBLIC HEARING FOR THE FIVE-YEAR CONSOLIDATED PLAN FOR PROGRAM Attachment 3
3 and improving the living conditions and ultimately stabilizing the housing situation of those individual(s).

Housing and Neighborhood Improvement Activities

Conserving and improving housing stock through rehabilitation of units occupied by low-and-moderate income households. Activities are designed to: (1) improve existing substandard or deteriorated housing sto ck that does not meet building, safety, or fire code and (2) achieve the goals identified in the City’s Consolidated Plan.

Public Service Activities*

Improving the quantity and quality of public services, principally for low -and- moderate income persons, including the homeless, elderly, and disabled. The following services are identified by order of priority:

(1) ‘Basic Needs’ Related Social Services Programs (such as but not limited to emergency food, shelter (homelessness), and utility assistance) (2) Community Public Safety Programs
(3) Programs offering Low-Cost Transportation
(4) Employment Services/Programs and Job (Skills) Training (5) Free/Low-Cost programs for School-Aged Youth

Slum or Blight Activities

Elimination of slums and blight in order to prevent the deterioration of City neighborhoods, principally in the CDBG Target Areas.

* These activities pertain to the CDBG Program only.

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Attachment: Attachment 3_Policies and Objectives (6015 : PUBLIC HEARING FOR THE FIVE-YEAR CONSOLIDATED PLAN FOR PROGRAM Attachment 3
4 POLICIES

In order to meet the objectives and ensure efficient use of CDBG, HOME, and ESG funds, the following policies have been established:

City Projects and Programs

Certain public improvements, such as storm drains, curb, gutter, and sidewalks may at the Council’s discretion be given priority and that provide long term benefits to improve low-and-moderate income CDBG Target Areas. Examples of these City sponsored programs include Code Enforcement activities, Community Policing, and Neighborhood Clean-ups.

Provider Collaboration

Providers (local non-profits) that intend to provide similar services and programs to Moreno Valley’s low-and-moderate residents shall be given funding priority for combining resources and efforts into a single program. Providers complete and submit a single CDBG, ESG and HOME application on behalf of the collaborating group. Funding priority would be given at the time of application review in the form of extra points on their overall application.

Local Services

Providers that are located in the City will be given funding priority when they are providing services equivalent to those offered by providers located outside the City.

The ultimate goal is to have services available and accessible within the City limits to serve all residents, especially those of low -and-moderate income. Prior to final sel ection of projects, other factors such as track record and experience will need to be considered.

Minimum Grant Level

A minimum grant level of $10,000 for CDBG, $25,000 for HOME, and $50,000 (excluding Homelessness Management Information Systems) for ESG has been established for the purpose of ensuring the most efficient use of these funds.

Priority may be given to grant requests that exceed $15,000, subject to staffing and administrative capabilities.

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Attachment: Attachment 3_Policies and Objectives (6015 : PUBLIC HEARING FOR THE FIVE-YEAR CONSOLIDATED PLAN FOR PROGRAM Attachment 3
5 Project and Program Funding

Pre-existing Projects and Programs having other funding sources will be given priority. Grant funding is intended to supplement a project or a program and not be its full funding source.

Federal funding varies from year to year as do the needs of the community. It is therefore important for a project or proposal to sustain itself should City funding not be available. Such an approach will also provide for the maximum leveraging and impact.

Minimal Applicant Requirements

In order to ensure an applican t is adequately qualified to administer an activity per the federal statutes and regulations, a set of minimal applicant requirements shall be established for inclusion in the grant application. The requirements shall be reasonable and follow HUD recommendations. It is preferred that an applicant have a minimum of three years of successful grant management experience.

This may be supported by written documentation, for example, conclusive audit results letter.

Multi-Year Contracts/Agreements

For CDBG and ESG, the City shall execute a standard subrecipient agreement and offer the possibility for a one-year extension. Extensions shall be issued only in instances where funding allows, the subrecipient has successfully completed the terms and performa nce goals in the agreement during the initial year and shall also be subject to City Council approval.

ESG Match Requirements

Federal regulations require a 100% match for the ESG program. The City shall require the subrecipient be responsible for the full match.

The match may be met with a combination of cash or in -kind services. In -kind matches (as defined by HUD), including in -kind volunteer hours, may not exceed 25% of the full match requirement.

Proof of 100% match is required prior to a notice to proceed and the execution of a contract with the City. Initial documentation of proof of match, including initial award letters, shall be provided with the application for evaluation. Final verifiable third -party documentation providing proof of award and a vailability of funds shall be provided before entering into contract with the City. If proof of award cannot be provided, then any award of ESG funds will be adjusted as necessary based on available match verified.

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Attachment: Attachment 3_Policies and Objectives (6015 : PUBLIC HEARING FOR THE FIVE-YEAR CONSOLIDATED PLAN FOR PROGRAM Attachment 3
6 ESG Program Costs
The City must ensure that all costs charged to ESG are allowable, allocable and reasonable for the proper performance and administration of the award. Direct and indirect project costs should reasonable relative to the total costs of the project. An approv ed indirect cost rate must be provided in order to recover indirect costs.

* These activities pertain to the CDBG Program only.

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Attachment: Attachment 3_Policies and Objectives (6015 : PUBLIC HEARING FOR THE FIVE-YEAR CONSOLIDATED PLAN FOR PROGRAM

Moreno Valley City CouncilDecember 6, 2022

Moreno Valley City Council
December 6, 2022