City of Moreno Valley
Community Development
Department
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Attachment: Exhibit C to Resolution No. 2022-XX - Mitigation Monitoring and Reporting Program (MMRP) MMRP
City of Moreno Valley Cactus and Bradshaw Residential Project
3-13
“Low-Volatile Organic Compounds” paints (no more than 50 gram/liter of VOC) and/or High Pressure Low Volume (HPLV) applications shall be used.
BIOLOGICAL RESOURCES
PPP BIO-1: MSHCP Development Impact Fees. Prior to issuance of a grading or building permit, the project applicant will be required to pay relevant City of Moreno Valley mitigation fees to the City.
Pay MSHCP fee.
Prior to Grading Permit.
City of Moreno Valley
Community Development
Department
GEOLOGY
PPP GEO-1: California Building Code . The Project is required to comply with the California Building Code as included in the City’s Municipal Code Chapter
8.20 to preclude significant adverse effects associated with seismic hazards.
California Building Code related and geologist and/or civil engineer specifications for the Project are required to be incorporated into grading plans and specifications as a condition of Project approval.
Comply with California
Building Cod. Prior to
Grading Permit.
City of Moreno Valley
Community Development
Department
GREENHOUSE GAS EMISSIONS
PPP GHG-1: CalGreen Compliance. The project is required to comply with the CalGreen Building Code as included in the City’s Municipal Code to ensure efficient use of energy. CalGreen specifications are required to be incorporated into building plans as a condition of building permit approval.
Comply with CalGreen
efficient energy
specifications. Prior to
building permit.
City of Moreno Valley
Community Development
Department
PUBLIC SERVICES
PPP PS -1: The project will be required to pay applicable development fees levied by the Moreno Valley Unified School District pursuant to the School Facilities Act (Senate Bill [SB] 50, Stats. 1998, c.827) to offset any effects on school facilities resulting from new development.
Pay SB 50 school fees.
Prior to building permits.
City of Moreno Valley
Community Development
Department
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Attachment: Exhibit C to Resolution No. 2022-XX - Mitigation Monitoring and Reporting Program (MMRP) MMRP
City of Moreno Valley Cactus and Bradshaw Residential Project
3-14
PPP PS -2: Park Fees. As a condition of the approval of a residential development, the project shall pay applicable park related fees and/or dedicate parkland pursuant to Municipal Code Section 3.38.080 and Chapter
3.40. Pay applicable park fees.
Prior to building permits.
City of Moreno Valley
Community Development
Department
WATER QUALITY
PPP WQ -1: Stormwater Pollution Prevention Plan. Prior to grading permit issuance, the project developer shall have a Stormwater Pollution Prevention Plan (SWPPP) prepared by a Qualified SWPPP Developer (QSD) in accordance with the City’s Municipal Code Chapter 8.10 and the Santa Ana Regional Water Quality Control Board National Pollution Discharge Elimination System (NPDES) Storm Water Permit Order No. R4 -2012-0175 (MS4 Permit). The SWPPP shall incorporate all necessary Best Management Practices (BMPs) and other NPDES regulations to limit the potential o
f erosion and polluted runoff during
construction activities. Project contractors shall be required to ensure compliance with the SWPPP and permit periodic inspection of the construction site by the City of Moreno Valley staff or its designee to confirm compliance.
Review and approval of
SWPPP. Prior to Grading
Permit.
City of Moreno Valley
Community Development
Department
PPP WQ-2: Water Quality Management Plan, Prior to grading permit issuance, the project applicant shall have a Water Quality Management Plan (WQMP) approved by the City for implementation. The project shall comply with the City’s Municipal Chapter 8.10 and the Municipal Separate Storm Sewer System (MS4) permit requirements in effect for the Regional Water Quality Control Board (
RWQCB) at the time of grading permit to control discharges of sediments and other pollutants during operations of the project.
Review and approval of
WQMP. Prior to Grading
Permit.
City of Moreno Valley
Community Development
Department
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Attachment: Exhibit C to Resolution No. 2022-XX - Mitigation Monitoring and Reporting Program (MMRP) RESOLUTION NUMBER 2022-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, APPROVING THE APPEAL PAA22-0004 OF THE PLANNING COMMISSION’S DENIAL OF GENERAL PLAN AMENDMENT
PEN20-0174 TO AMEND THE GENERAL PLAN LAND USE MAP,
CHANGING THE LAND USE DESIGNATION FROM RESIDENTIAL 5 (R5) TO RESIDENTIAL 10 (R10), CONDITIONAL USE PERMIT (PEN 20-0173) AND TENTATIVE TRACT MAP 37 858 (PEN20-0172), FOR A PLANNED
UNIT DEVELOPMENT FOR THE PROPERTY LOCATED ON THE
NORTHEAST SIDE OF CACTUS AVENUE EAST OF MORENO BEACH
DRIVE (APN’S 478 -090- 018, 478-090-024, AND 478- 090-025) AND THE NECESSARY AND CORRESPONDING AMENDMENTS TO THE CITY’S
ZONING ATLAS
WHEREAS, the City of Moreno Valley (“Cit y”) is a general law city and a municipal corporation of the State of California, and has the authority to approve amendments to the City’s General Plan and the City’s Zoning Atlas; and
WHEREAS, RC Hobbs Company (“Applicant”) has submitted of the Appeal PAA22- 0004 of the Planning Commission’s denial of General Plan Amendment (PEN20- 0174), Conditional Use Permit (PEN2 0-0173), and Tentative Tract Map 37858 (PEN20-0172) for the proposed development of a thirty-seven (37) lot, single-family residential development on 4.81 acres , commonly known as the Bradshaw Collection (the “ Proposed Project”) located on the northeast side of Cactus Avenue east of Moreno Beach Drive (APN 478-090- 018, 478-090-024, and 478-090-025) (“Project Site”); and WHEREAS, Section 9.02.060 (Conditional Use Permits) of the Moreno Valley Municipal Code acknowledges that the purpose of a conditional use permit is to allow the establishment of uses that may have special impacts or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location and that the conditional use permit application process involves the review of the location, design, and configuration of improvements related to the Proposed Project, and the potential impact of the Proposed Project on the surrounding area based on fixed and established standards; and
WHEREAS, Chapter 9.14 (Land Division) of the Moreno Valley Municipal Code imposes conditions of approval upon projects for which a Tentative Tract Map is required, which conditions may be imposed by the City to address on- site improvements, off -site improvements, the manner in which the Project 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, the applications for the Proposed Project have been evaluated in accordance with Section 9.02.060 (Conditional Use Permits) and Chapter 9.14 (Land Divisions), respectively, of the Municipal Code wit h consideration given to the City’s General Plan, Zoning Ordinance, and other applicable laws and regulations; and F.1.p
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) WHEREAS, The Applicant has filed an application for the approval of General Plan Amendment PEN20-0174 (“Application”) requesting an amendment to the Moreno Valley General Plan from Residential 5 (R5) to Residential 10 (R10), which shall also require any necessary and corresponding amendments to the City’s Zoning Atlas to reflect that zoning classification and/or redistricting of the Project Site shall retain consistency between the Zoning Atlas and the General Plan land use designations; and WHEREAS, on November 10, 202 2, the public hearing to consider the Application was duly conducted by the Planning Commission at which time all interested persons were provided with an opportunity to testify and to present evidence; and WHEREAS, on November 10, 2022, the Planning Commission Denied the proposed General Plan Amendment finding it inconsistent with the existing goals, objectives, policies and programs of the General Plan; and would adversely affect the public health, safety or general welfare.
WHEREAS, pursuant to the provisions of Section 9.02.200 (Public Hearing and Notification Procedures) of the Moreno Valley Municipal Code and Government Code section 65905, a public hearing was scheduled for December 20, 2022, and notice thereof was duly published and posted, and mailed to all property owners of record with 600 feet of the Site; and
WHEREAS, on December 20, 2022, the City Council conducted a duly noticed public hearing on the Proposed Project, and considered the Proposed Project’s Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program; and WHEREAS, on December 20, 202 2, the public hearing was duly conducted by the City Council at which time all interested persons were provided with an opportunity to testify and to present evidence; and
WHEREAS, on December 20, 2022, in accordance with the provisions of the California Environmental Quality Act (CEQA) and CEQA Guidelines, the City Council considered and approved Resolution 2022- adopting the Proposed Project’s Mitigated Negative Declaration, and adopting a Mitigation Monitoring and Reporting Program.
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”); F.1.p
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) 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
That the City Council has considered all the evidence submitted into the Administrative Record related to the 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) The Moreno Valley General Plan amendment changing the land use designation from Residential 5 (R5) to Residential 10 (R10) and all relevant provisions contained therein as shown on Exhibit A;
(d) Application for the approval of a General Plan Amendment PEN20- 0174 Change of Zone (PEN20-01 75) and corresponding amendment to the City’s Zoning Atlas, Conditional Use Permit (PEN20-0173), and Tentative Tract Map 37858 (PEN20-0172) and all documents, records and references contained therein;
(e) Staff Reports prepared for the Planning Commission and City Council’s consideration and all documents, records and references related thereto, and Staff’s presentation at the public hearings;
(f) Testimony and/or comments from Applicant and its representatives during the public hearings; and
(g) Testimony and/or comments from all persons that was provided in written format or correspondence, at, or prior to, the public hearings.
Section 4. Findings
That based on the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the City Council hereby recommends the City Council finds as follows:
(a) The proposed General Plan Amendment and Change of Zone are consistent with the existing goals, objectives, policies, and programs of the General Plan;
(b) The proposed General Plan Amendment and Change of Zone will not adversely affect the public health, safety, or general welfare; (c) The Proposed Project is consistent with the goals, objectives, policies, and programs of the general plan;
(d) The Proposed Project complies with all applicable zoning and other regulations;
(e) The Proposed Project will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; (f) The location, design, and operation of the Proposed Project will be F.1.p
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) compatible with existing and planned land uses in the vicinity; (g) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans;
(h) That the Project Site is physically suitable for the type of development; (i) That the Project Site of the proposed land division is physically suitable for the proposed density of the development;
(j) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife and/or their habitat; (k) That the design of the subdivision or type of improvements is not likely to cause serious public health problems;
(l) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision;
(m) That the requirements of CEQA have been satisfied;
(n) That the proposed land division is not subject to the Williamson Act pursuant to the California Land Conservation Act of 1965;
(o) That the proposed land division and the associated design and improvements are consistent with applicable ordinances of the city; (p) That the design of the land division provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision; and (q) That the effect of the Proposed Project on the housing needs of the region were considered and balanced against the public service needs of the residents of Moreno Valley and available fiscal and environmental resources.
Section 5. Approval of Appeal.
That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings set forth above, the City Council hereby approves General Plan Amendment (PEN20-0174) as depicted in the exhibit attached hereto as Exhibit A, and any necessary and corresponding amendment to the City’s Zoning Atlas to reflect the proposed changes in the zoning classification and/or redistricting associated with the General Plan Amendment (as set forth in more detail in Ordinance Number 2022- __, as set forth in the December 20, 2022, agenda, incorporated herein by this reference, approve the Proposed Project subject to the Conditions of Approval for Conditional Use Permit (PEN20-0173) and Tentative Tract Map 37858 (PEN20-0172), attached hereto and Exhibit A.
Section 6. Repeal of Conflicting Provisions
That all the provisions as heretofore adopted by the City Council that 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 F.1.p
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) 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.
PASSED AND ADOPTED THIS ___ day of _____________, 2022.
CITY OF MORENO VALLEY
CITY COUNCIL
_____________________________
Ulises Cabrera,
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: General Plan Amendment Land Use Designation Map Exhibit B: Conditional Use Permit (PEN2 0-0173) and Tentative Tract Map 37858 (PEN20-0173) Conditions of Approval
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) Exhibit A
General Plan Amendment Land Use Designation Map
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) 752.3
631.0 0 315.48 631.0 Feet
WGS_1984_Web_Mercator_Auxiliary_Sphere Print Date: 10/21/2022 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.
PEN20-0174
General Plan Amendment
Legend
Parcels
Image Source: Nearmap
Notes:
Project Site
Moreno Beach Drive
Cactus Avenue
Bradshaw Circle
From R5 to RS10
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw 2 Exhibit B
Conditional Use Permit (PEN20-0173) and Tentative Tract Map 37858 (PEN20- 0172) Conditions of Approval
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection)
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN20-0173)
Tentative Tract Map (PEN20-0172)
CITY OF MORENO VALLEY
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN20-0173)
Tentative Tract Map (PEN20-0172)
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. 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)
3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. (MC 9.02.030)
4. 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)
5. 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.
6. A change or modification to the land use or the approved site plans may require a separate
approval. Prior to any change or modification, the property owner shall contact the City of Moreno Valley Community Development Department to determine if a separate approval is required.
7. 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 F.1.p
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) 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.
8. 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)
Special Conditions
9. Prior to recordation of the final subdivision map, the following documents shall be submitted
to and approved by the Planning Division which shall demonstrate that the project will be developed and maintained in accordance with the intent and purpose of the approval:
a. The document to convey title
b. Deed restrictions, easements, or Covenants, Conditions and Restrictions to be recorded
The approved documents shall be recorded at the same time that the subdivision map is recorded. The documents shall contain provisions for general maintenance of the site, joint access to proposed parcels, open space use restrictions, conservation easements, guest parking, feeder trails, water quality basins, lighting, landscaping and common area use items such as general building maintenance (apartments, condominiums and townhomes) tot lot/public seating areas and other
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) recreation facilities or buildings. The approved documents shall also contain a provision,
which provides that they may not be terminated and/or substantially amended without the consent of the City and the developer's successor-in-interest. (MC 9.14.090)
In addition, the following deed restrictions and disclosures shall be included within the document and grant deed of the properties:
a. The developer and homeowners association shall promote the use of native plants and trees and drought tolerant species.
b. All lots designated for open space and or detention basins, shall be included as an easement to, and maintained by a Homeowners Association (HOA) or other private maintenance entity. All reverse frontage landscape areas shall also be maintained by the onsite HOA. Language to this effect shall be included and reviewed within the required Covenant Conditions and Restrictions (CC&Rs) prior to the approval of the final map.
c. Maintenance of any and all common facilities.
d. A conservation easement for lettered lots shall be recorded on the deed of the property and shown on the final map. Said easement shall include access restrictions prohibiting motorized vehicles from these areas. e. Oleander plants or trees shall be prohibited on open space lots adjacent to multi-use trails.
10. Prior to the issuance of building permits, the developer shall provide documentation that
contact was made to the U.S. Postal Service to determine the appropriate type and location of mailboxes.
11. Prior to the issuance of grading permits, final erosion control landscape and irrigation
plans for all cut or fill slopes over 3 feet in height shall be submitted to and approved by the Planning Division. The plans shall be designed in accordance with the slope erosion plan as required by the City Engineer. Man-made slopes greater than 10 feet in height shall be "land formed" to conform to the natural terrain and shall be landscaped and stabilized to minimize visual scarring. (GP Objective 1.5, MC 9.08.080, DG)
12. This tentative map shall expire three years after the approval date of this tentative map
unless extended as provided by the City of Moreno Valley Municipal Code; otherwise it shall become null and void and of no effect whatsoever in the event the applicant or any successor in interest fails to properly file a final map before the date of expiration. (MC 9.02.230, 9.14.050, 080)
13. Prior to the issuance of grading permits, mitigation measures contained in the Mitigation
Monitoring Program approved with this project shall be implemented as provided therein.
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection)
14. Prior to any site disturbance and/or grading plan submittal, and or final map recordation, a mitigation monitoring fee, as provided by City ordinance, shall be paid by the applicant/owner. No City permit or approval shall be issued until such fee is paid. (CEQA)
15. Prior to issuance of a building permit, the developer/property owner or developer's successor-in-interest shall pay all applicable impact fees due at permit issuance, including but not limited to Multi-species Habitat Conservation Plan (MSHCP) mitigation fees. (Ord.)
16. Prior to issuance of building permits, final front and street side yard landscape and irrigation plans, and basin landscape plans, shall be approved.
17. All site plans, grading plans, landscape and irrigation plans, and street improvement plans shall be coordinated for consistency with this approval.
18. Prior to issuance of grading permits, the project shall comply with all applicable mitigation
measures related to cultural resources and Native American requirements.
19. This approval shall comply with all applicable requirements of the City of Moreno Valley Municipal Code.
20. The site shall be developed in accordance with the approved Conditional Use Permit
(Planned Development Unit) and Tentative Tract Map on file in the Community Development Department-Planning Division, the Municipal Code regulations, General Plan, and the conditions contained herein. (MC 9.14.020). A minimum of three-color palettes/schemes shall be used for each elevation type, showing a variety of exterior building material colors and roofing material colors
21. Prior to grading plan approval, Basin fencing shall include wrought iron fencing with pilasters.
22. Prior to building final, a basin maintained by an HOA or other private entity, landscape
(trees, shrubs and groundcover) and irrigation shall be installed, and maintained by the HOA or other private entity with documentation provided to the Planning Division.
23. A drought tolerant landscape palette shall be utilized throughout the tract in compliance with the City’s Landscape Requirements. (MC 9.17.030)
24. All units shall be designed with four sided architecture using the details from the front elevation
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) Prior to Grading Permit
25. At least thirty days prior to issuance of any grading permit, the developer shall retain a
qualified archaeologist, provide a letter identifying the name and qualifications of the archaeologist to the Planning Division for approval, to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources and to evaluate and recommend appropriate actions for any archaeological deposits exposed by construction activity.
At least thirty days prior to issuance of a grading permit, the applicant shall provide evidence that contact has been established with the appropriate Native American Tribe(s), providing notification of grading, excavation and the proposed monitoring program and to coordinate with the City and Tribe(s) to develop a cultural resources treatment and monitoring agreement. The agreement shall address treatment of known cultural resources, the designation, responsibilities and participation of Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site.
A report documenting the proposed methodology for grading monitoring shall be submitted to and approved by the Planning Division prior to issuance of any grading permit. The monitoring archaeologist shall be empowered to stop and redirect grading in the vicinity of an exposed archaeological deposit until that deposit can be fully evaluated. The archaeologist shall consult with affected Tribe(s) to evaluate any archaeological resources discovered on the project site. Tribal monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have authority to stop and redirect grading activities in consultation with the project archaeologist.
The property owner shall relinquish ownership to the Tribe(s) of all Native American cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project site for proper treatment and disposition. All sacred sites, should they be encountered with the project site, shall be avoided and preserved as the preferred mitigation.
If any inadvertent discoveries of subsurface archaeological or cultural resources occur during grading, the applicant, project archaeologist, and Tribe(s) shall assess the significance of such resources and shall meet and confer regarding mitigation of such resources. Avoidance is the preferred method of preservation of archaeological resources. If the applicant, project archaeologist and Tribe(s) cannot agree on the significance or mitigation for such resources, the issue (s) will be presented to the Planning Official with adequate documentation. The Official
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) shall make a determination based on the provisions of CEQA and consideration of the religious beliefs, customs and practices of the Tribe(s).
26. 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.
27. 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)
28. Prior to approval of any grading permits, final median enhancement/landscape/irrigation
plans shall be submitted to the Planning Division
and Public Works Department - Special Districts for review and approval by each division. (GP - Circulation Master Plan) Timing of installation shall be determined by PW-Special Districts.
29. 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)
30. Prior to issuance of grading permits, the developer shall pay the applicable Stephens’ Kangaroo Rat (SKR) Habitat Conservation Plan mitigation fee. (Ord)
31. 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
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) 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” 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).
32. 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.
33. Prior to the issuance of grading permits, the site plan and grading plans shall show decorative
hardscape (e.g. colored concrete, stamped concrete, pavers or as approved by the Planning Official) consistent and compatible with the design, color and materials of the proposed development for all driveway ingress/egress locations of the project. [apply to commercial and multi-family project, and major entry driveways for industrial]
34. Prior to issuance of grading permits, the developer shall submit wall/fence plans to the Planning Division for review and approval as follows:
a. A maximum 6 foot high solid decorative block perimeter wall with pilasters and a cap shall be required adjacent to all residential zoned areas. b. 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. c. Any proposed retaining walls shall also be decorative in nature, while the combination of retaining and other walls on top shall not exceed the height requirement.
d. Proposed screening walls for truck loading areas and required loading docks shall also include decorative block walls with pilasters with a height up to fourteen (14) feet to fully screen trucks (industrial and some situations with commercial uses). e. Walls and fences for visual screening are required when there are adjacent residential uses or residentially zone property. The height, placement and design will be based on a site specific review of the project. All walls are subject to the approval of the Planning Official. (MC 9.08.070) [select those that apply]
35. Prior to the issuance of grading permits, a temporary project identification sign shall be erected on the site in a secure and visible manner. The sign shall be
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) conspicuously posted at the site and remain in place until occupancy of the project .
The sign shall include the following:
a. The name (if applicable) and address of the development. b.
The developer’s name, address, and a 24-hour emergency telephone number.
36. Prior to issuance of grading permits, the location of the trash enclosure shall be included on the plans.
Building Division
37. 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.
38. Contact the Building Safety Division for permit application submittal requirements.
39. 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.
40. Building plans submitted shall be signed and sealed by a California licensed design professional as required by the State Business and Professions Code.
41. 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.
42. The proposed project will be subject to approval by the Eastern Municipal Water District
and all applicable fees and charges shall be paid prior to permit issuance .
Contact the water district at 951.928.3777 for specific details.
43. 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.
44. 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
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
F.1.p
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) Plumbing Code, Table 422.1. The occupant load and occupancy classification shall be determined in accordance with the California Building Code.
45. The proposed residential project shall comply with the California Green Building Standards
Code, Section 4.106.4, mandatory requirements for Electric Vehicle Charging Station (EVCS).
46. 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)
FIRE DEPARTMENT
Fire Prevention Bureau
47. All Fire Department access roads or driveways shall not exceed 12 percent grade. (CFC 503.2.7 and MVMC 8.36.060[G])
48. The Fire Department emergency vehicular access road shall be (all weather surface) capable of sustaining an imposed load of 80,000 lbs. GVW, based on street standards approved by the Public Works Director and the Fire Prevention Bureau. The approved fire access road shall be in place during the time of construction. Temporary fire access roads shall be approved by the Fire Prevention Bureau. (CFC 501.4, and MV City Standard Engineering Plan 108d)
49. 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)
50. 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)
51. 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)
52. 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)
53. Prior to issuance of building permits, plans specifying the required structural materials for building construction in high fire hazard severity zones shall be
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) submitted to the Fire Prevention Bureau for approval. (CFC, 4905)
54. 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.
55. 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.
56. Prior to issuance of Certificate of Occupancy or Building Final, the applicant/developer
shall install a fire alarm system monitored by an approved Underwriters Laboratory listed central station based on a requirement for monitoring the sprinkler system, occupancy or use. Fire alarm panel shall be accessible from exterior of building in an approved location. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Chapter 9 and MVMC
8.36.100)
57. The Fire Code Official is authorized to enforce the fire safety during construction requirements of Chapter 33. (CFC Chapter 33 & CBC Chapter 33)
58. 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])
59. 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])
60. 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)
61. 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
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) 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)
62. 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)
63. 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)
64. If construction is phased, each phase shall provide an approved emergency vehicular
access way for fire protection prior to any building construction. ( CFC 501.4)
65. Prior to issuance of Building Permits, plans for structural protection from vegetation fires
shall be submitted to the Fire Prevention Bureau for review and approval.
Measures shall include, but are not limited to: noncombustible barriers (cement or block walls), fuel modification zones, etc. (CFC Chapter 49)
66. 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)
67. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction
of all commercial buildings per CFC Appendix B and Table B105.1.
The applicant/developer shall provide documentation to show there exists a water system capable of delivering said waterflow for 2 hour(s) duration at 20-PSI residual operating pressure. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. Specific requirements for the project will be determined at time of submittal. (CFC 507.3, Appendix B)
68. Prior to issuance of Certificate of Occupancy or Building Final, all residential dwellings
shall display street numbers in a prominent location on the street side of the residence in such a position that the numbers are easily visible to approaching emergency vehicles. The numbers shall be located consistently on each dwelling throughout the development. The numerals shall be no less than four (4) inches in height and shall be low voltage lighted fixtures. (CFC 505.1, MVMC 8.36.060[I])
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
F.1.p
Packet Pg. 293
Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection)
69. Single Family Dwellings. Schedule "A" fire prevention approved standard fire hydrants (6” x 4” x 2 ½”) shall be located at each intersection of all residential streets. Hydrants shall be spaced no more than 500 feet apart in any direction so that no point on the street is more than 250 feet from a hydrant. Minimum fire flow shall be 1000 GPM for 1 hour duration of 20 PSI. Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, serving one and two-family residential developments, standard fire hydrants shall be provided at spacing not to exceed 1000 feet along the tract boundary for transportation hazards. (CFC 507.3, Appendix B, MVMC
8.36.060).
70. Prior to construction, all traffic calming designs/devices must be approved by the Fire Marshal and City Engineer.
71. 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.
PUBLIC WORKS DEPARTMENT
Land Development
72. 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.
73. 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,
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
F.1.p
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) said sections also referred to as the Subdivision Map Act (SMA). [MC 9.14.010]
74. 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.
75. 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.
76. 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]
77. 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)]
78. The developer shall protect downstream properties from damage caused by
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
F.1.p
Packet Pg. 295
Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) 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]
79. 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.
80. 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.
81. The proposed private storm drain system shall connect to Riverside County Flood Control's
existing line F-4 in Cactus Ave. 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.
82. For single family residential subdivisions, all lots shall drain to the street at a minimum
surface grade of 2.0% and on-site drainage shall be conveyed onto the street with subsurface drains at a minimum grade of 0.5% per current City Standards MVSI-152 and MVSI-153A. No cross-lot or over the sidewalk drainage shall be allowed.
83. This project shall submit civil engineering design plans, reports and/or documents (prepared by a registered/licensed civil engineer) for review and approval by the City Engineer per the current submittal requirements, prior to the indicated threshold or as required by the City Engineer. The submittal consists of, but is not limited to, the following:
a. Final (Tract) Map (recordation prior to building permit issuance); b. Rough grading w/ erosion control plan (prior to grading permit issuance); c. Precise grading w/ erosion control plan (prior to grading permit issuance); d. Public improvement plan (e.g., street/storm drain w/ striping, , sewer/water, etc.) (prior to map approval);
e. Final drainage study (prior to grading plan approval); f. Final WQMP (prior to grading plan approval);
g. As-Built revision for all plans (prior to Occupancy release);
84. Water quality best management practices (BMPs) designed to meet Water Quality Management Plan (WQMP) requirements for development shall not be used as a construction BMP. Water quality BMPs shall be maintained for the entire duration of the project construction and be used to treat runoff from those developed portions of the project. Water quality BMPs shall be protected from upstream construction
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
F.1.p
Packet Pg. 296
Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) related runoff by having proper best management practices in place and maintained.
Water quality BMPs shall be graded per the approved design plans and once landscaping and irrigation has been installed, it and its maintenance shall be turned over to an established Homeowner’s Association (HOA).
Prior to Grading Plan Approval
85. Resolution of all drainage issues shall be as approved by the City Engineer.
86. 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.
87. Emergency overflow areas shall be shown at all applicable drainage improvement locations in the event that the drainage improvement fails or exceeds full capacity.
88. 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.
89. 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.
90. 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.
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
F.1.p
Packet Pg. 297
Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection)
91. 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.
92. 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.
93. The final project-specific Water Quality Management Plan (WQMP) shall be consistent with the approved P-WQMP, as well as in full conformance with the document: “Water Quality Management Plan - A Guidance Document for the Santa Ana Region of Riverside County” dated October 22, 2012. The F-WQMP shall be submitted and approved prior to application for and issuance of grading permits. At a minimum, the F-WQMP shall include the following: Site Design BMPs; Source Control BMPs, Treatment Control BMPs, Operation and Maintenance requirements for BMPs and sources of funding for BMP implementation. a. The Applicant has proposed to incorporate the use of infiltration basins. Final design and sizing details of all BMPs must be provided in the first submittal of the F-WQMP. The Applicant acknowledges that more area than currently shown on the plans may be required to treat site runoff as required by the WQMP guidance document.
b. The Applicant shall substantiate the applicable Hydrologic Condition of Concerns (HCOC) in Section F of the F-WQMP.
c. All proposed LID BMP’s shall be designed in accordance with the RCFC&WCD’s Design Handbook for Low Impact Development Best Management Practices, dated September 2011.
d. The proposed LID BMP’s as identified in the project-specific P-WQMP shall be incorporated into the Final WQMP.
e. The NPDES notes per City Standard Drawing No. MVFE-350-0 shall be included in the grading plans.
f. Post-construction treatment control BMPs, once placed into operation for post-construction water quality control, shall not be used to treat runoff from construction sites or unstabilized areas of the site.
g. Prior to precise grading plan approval, the grading plan shall show any proposed trash enclosure to include a cover (roof) and sufficient size for dual bin (1 for trash and 1 for recyclables). The architecture shall be approved by the Planning Division and any structural approvals shall be made by the Building and Safety Division.
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
F.1.p
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) Prior to Grading Permit
94. 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)]
95. 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)]
96. 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]
Prior to Map Approval
97. All proposed street names shall be submitted for review and approved by the City Engineer, if applicable. [MC 9.14.090(E.2.k)]
98. A copy of the Covenants, Conditions and Restrictions (CC&R's) shall be submitted for review and approved by the City Engineer. The CC&R's shall include, but not be limited to, access easements, reciprocal access, private and/or public utility easements as may be relevant to the project. In addition, for single-family residential development, bylaws and articles of incorporation shall also be included as part of the maintenance agreement for any water quality BMPs.
99. Resolution of all drainage issues shall be as approved by the City Engineer. 100. 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.
101. 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 requirement: Establish a Home Owners Association (HOA) to finance the maintenance of the “Water Quality BMPs”. Any lots which are identified as “Water Quality BMPs” shall be owned in fee by the HOA.
102. 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]
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
F.1.p
Packet Pg. 299
Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) 103. All public improvement plans required for this project shall be approved by the City Engineer in order to execute the Public Improvement Agreement (PIA). 104. After recordation, a digital (pdf) copy of the recorded map shall be submitted to the Land Development Division.
105. All street dedications shall be free of all encumbrances, irrevocably offered to the public
and shall continue in force until the City accepts or abandons such offers, unless otherwise approved by the City Engineer.
Prior to Improvement Plan Approval
106. The developer shall submit clearances from all applicable agencies, and pay all applicable plan check fees.
107. The street improvement plans shall comply with current City policies, plans and applicable
City standards (i.e. MVSI-160 series, etc.) throughout this project. This includes, but is not limited to street lights along the project frontage along Bradshaw Circle and Cactus Ave.
108. The design plan and profile shall be based upon a centerline, extending beyond the project
boundaries a minimum distance of 300 feet at a grade and alignment approved by the City Engineer.
109. 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.
110. 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.
111. 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.
112. 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
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
F.1.p
Packet Pg. 300
Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) determined by the City Engineer.
113. 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.
114. The developer shall be required to construct Cactus Avenue (minor arterial, MVSI-105A) along the project boundary.
115. The developer shall be required to construct full street improvements with the exception of a westerly sidewalk on Bradshaw Circle (local street, MVSI-107A) along the project boundary.
Prior to Encroachment Permit
116. 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.
117. Any work performed within public right-of-way requires an encroachment permit.
Prior to Building Permit
118. 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.
119. For all subdivision projects, the map shall be recorded (excluding model homes). [MC 9.14.190]
120. 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).
121. Prior to Building Permit issuance, an access agreement shall be recorded to allow
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) the City access from Cactus Ave. through Bradshaw Circle for access to water quality
basins lots A & B as well as the storm drain line on Bradshaw Circle, as required by the City Engineer.
Prior to Occupancy
122. All outstanding fees shall be paid.
123. The final/precise grade certification shall be submitted for review and approved by the City Engineer.
124. 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 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.
125. For residential subdivisions, punch list work for improvements and capping of streets
in that phase shall be completed and approved for acceptance by the City Engineer, prior to issuance of Occupancy.
126. 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.
127. The Developer shall comply with the following water quality related items:
a. Notify the Land Development Division prior to construction and installation of
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) 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. 128. 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.
Special Districts Division
129. NEW STREET LIGHT INSTALLATION FEES. Prior to the issuance of the first building
permit for this project, the Developer shall pay New Street Light Installation Fees for all applicable Residential and Arterial Street Lights required for this development. Payment shall be made to the City of Moreno Valley and collected by the Land Development Division. Fees are based upon the Advanced Energy fee rate in place at the time of payment, as set forth in the current Listing of City Fees, Charges, and Rates adopted by City Council. The Developer shall provide a copy of the receipt to the Special Districts Division ([email protected]). Any change in the project which may increase the number of street lights to be installed will require payment of additional Advanced Energy fees at the then current fee.
Questions may be directed to the Special Districts Division at 951.413.3480 or [email protected].
130. If maintained by City, parkway, open space, and/or median landscaping specified in the project’s Conditions of Approval shall be constructed in compliance with the City of Moreno Valley Public Works Design Guidelines and completed prior to the issuance of 25% (or 10) of the dwelling permits for this tract or 12 months from the issuance of the first dwelling permit, whichever comes first. In cases where a phasing plan is submitted, the actual percentage of dwelling permits issued prior to the completion of the landscaping shall be subject to the review of the construction phasing plan.
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) 131. For those areas to be maintained by the City and prior to the issuance of the first Building
Permit, Planning Division (Community Development Department), Special Districts Division (the Public Works Department) and Transportation Division (the Public Works Department) shall review and approve the final median, parkway, slope, and/or open space landscape/irrigation plans as designated on the tentative map or in these Conditions of Approval prior to the issuance of the first Building Permit.
132. If maintained by City, the Developer, or the Developer’s successors or assignees shall be responsible for all parkway and/or median landscape maintenance for a period of one (1) year commencing from the time all items of work have been completed to the satisfaction of Special Districts staff as per the City of Moreno Valley Public Works Department Landscape Design Guidelines, or until such time as the District accepts maintenance responsibilities.
133. Parkway, median, slope and/or open space landscape areas maintained as part of the City of Moreno Valley Community Facilities District 2014-01 shall be required to have independent utility systems, including but not limited to water, electric, and telephone services. An independent irrigation controller and pedestal will also be required. Combining utility systems with existing or future landscape areas not associated with the City of Moreno Valley Community Facilities District (CFD) landscaping will not be permitted.
134. If maintained by City, inspection fees for the monitoring of landscape installation associated
with the City of Moreno Valley maintained parkways/medians are due prior to the required pre-construction meeting. (MC 3.32.040) 135. If maintained by City, plans for parkway, median, slope, and/or open space landscape areas designated in the project's Conditions of Approval for incorporation into a City Coordinated landscape maintenance program, shall be prepared and submitted in accordance with the City of Moreno Valley Public Works Department Landscape Design Guidelines. The guidelines are available on the City's website at www.moval.org/sd or from the Special Districts Division (951.413.3480 or [email protected]).
136. If maintained by City, plan check fees for review of parkway/median landscape plans for improvements that shall be maintained by the City of Moreno Valley are due upon the first plan submittal. (MC 3.32.040)
137. MAJOR INFRASTRUCTURE FINANCING DISTRICT. This project has been identified
to potentially be included in the formation of a special financing district for the construction and maintenance of major infrastructure improvements which may include but are not limited to thoroughfares, bridges, and certain flood control improvements. The property owner(s) shall participate in such district and pay any special tax, assessment, or fee levied upon the project property for such district. At
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) the time of the public hearing to consider formation of or annexation into the district, the
qualified elector(s) will not protest the formation or annexation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property obtains from the improvements to be installed and /or maintained. The Developer must notify the Special Districts Division at 951.413.3480 or at [email protected] when submitting an application for the first building permit to determine whether the development will be subjected to this condition. If subject to the condition, the special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution.
138. Street Light Authorization forms for all street lights that are conditioned to be installed
as part of this project must be submitted to the Special Districts Division for approval, prior to street light installation. The Street Light Authorization form can be obtained from the utility company providing electric service to the project, either Moreno Valley Utility or Southern California Edison. For questions, contact the Special Districts Division at 951.413.3480 or [email protected]. 139. The Moreno Valley Community Services District Zone A (Parks & Community Services) tax is assessed per parcel or per dwelling unit for parcels with more than one dwelling unit.
140. The parcel(s) associated with this project have been incorporated into the Moreno Valley Community Services District Zone A (Parks & Community Services) and Zone C (Arterial Street Lighting). All assessable parcels therein shall be subject to annual parcel taxes for Zone A and Zone C for operations and capital improvements.
141. If maintained by City, landscape and irrigation plans for parkway, median, slope, and/or
open space landscape areas designated to be maintained by the City shall be placed on compact disk (CD) in pdf format. The CD shall include “As Built” plans, revisions, and changes. The CD will become the property of the City of Moreno Valley and the Moreno Valley Community Services District. 142. This project is conditioned to provide a funding source for the operation and maintenance
of public improvements and/or services associated with new development in that territory. The Developer shall satisfy this condition with one of the options below.
a. Participate in a special election for maintenance/services and pay all associated costs of the election process and formation, if any. Financing may be structured through a Community Facilities District, Landscape and Lighting Maintenance District, or other financing structure as determined by the City; or
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) b. Establish an endowment fund to cover the future maintenance and/or service costs.
The Developer must notify the Special Districts Division at 951.413.3480 or at [email protected] of its selected financial option prior to City Council action authorizing recordation of the final map for the development. A minimum of 90 days is needed to complete the special election process. This allows adequate time to be in compliance with the provisions of Article 13C of the California Constitution for conducting a special election.
The financial option selected shall be in place prior to the issuance of the first building permit for the project.
143. This project has been identified to be included in the formation of a Community Facilities
District for Public Safety services including but not limited to Police, Fire Protection, Paramedic Services, Park Rangers, and Animal Control services. The property owner(s) shall not protest the formation; however, they retain the right to object to the rate and method of maximum special tax. In compliance with Proposition 218, the property owner shall agree to approve the mail ballot proceeding (special election) for either formation of the CFD or annexation into an existing district that may already be established. The Developer must notify the Special Districts Division at 951.413.3480 or [email protected] of its intent to record the final map for the development 90 days prior to City Council action authorizing recordation of the map. This allows adequate time to be in compliance with the provisions of Article 13C of the California Constitution. (California Government Code Section 53313 et. seq.)
144. Residential (R) If Land Development, a Division of the Public Works Department, requires this project to supply a funding source necessary to provide for, but not limited to, stormwater utilities services for the required continuous operation, maintenance, monitoring, systems evaluation and enhancements of on-site facilities and performing annual inspections of the affected areas to ensure compliance with state mandated storm water regulations, a funding source needs to be established .
The Developer must notify the Special Districts Division at 951.413.3480 or at [email protected] of its selected financial option for the National Pollution Discharge Elimination System (NPDES) program (see Land Development’s related condition). Participating in a special election the process requires a 90 day period prior to City Council action authorizing recordation of the final map for the development and to participate in a special election process. This allows adequate time to be in compliance with the provisions of Article 13D of the California Constitution. California Health and Safety Code Sections 5473 through 5473.8 (Ord. 708 Section 3.1, 2006) & City of Moreno Valley Municipal Code Title 3, Section 3.50.050.)
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) 145. PARKS MAINTENANCE FUNDING. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or fund an endowment) to provide an ongoing funding source for the continued maintenance, enhancement, and or retrofit of parks, open spaces, linear parks, and/or trails systems, and programs.
This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful annexation/formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector(s) will not protest the annexation or formation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings.
Alternatively, the condition can be satisfied by the Developer funding an endowment in an amount sufficient to yield an annual revenue stream that meets the annual obligation. The Developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to satisfy this condition. 146. This project is conditioned to provide a funding source for the following special financing program(s):
a.
Street Lighting Services for capital improvements, energy charges, and maintenance.
b. If maintained by City, Landscape Maintenance Services for parkway, open space, and/or median landscaping.
The Developer’s responsibility is to provide a funding source for the capital improvements and the continued maintenance of the landscaped area. The Developer shall satisfy this condition with one of the options below. i. Participate in a special election (mail ballot proceeding) and pay all associated costs of the special election and formation, if any. Financing may be structured through a Community Services District zone, Community Facilities District, Landscape and Lighting Maintenance District, or other financing structure as determined by the City; or
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) ii. Establish a Property Owner’s Association (POA) or Home Owner’s Association (HOA) which will be responsible for any and all operation and maintenance costs.
The Developer must notify the Special Districts Division at 951.413.3480 or at [email protected] of its selected financial option prior to City Council action authorizing recordation of the final map for the development. The option for participating in a special election requires approximately 90 days to complete the special election process. This allows adequate time to be in compliance with the provisions of Article 13C of the California Constitution for conducting a special election.
The financial option selected shall be in place prior to the issuance of the first building permit for this project.
Transportation Engineering Division
147. Conditions of approval may be modified or added if a phasing plan is submitted for this development.
148. All project driveways shall conform to Section 9.11.080, and Table 9.11.080-14 of the City’s Development Code – Design Guidelines and City of Moreno Valley Standard Plans No. MVSI-111A~C-0 for residential driveway approaches. 149. All proposed on-site traffic signing and striping should be accordance with the latest California Manual on Uniform Traffic Control Devices (CAMUTCD). 150. Cactus Avenue is classified as a Minor Arterial (88’RW/64’CC) per City Standard Plan No. MVSI-105A-1. Any improvements to the roadway shall be per City standards or as approved by the City Engineer. Improvements to Cactus Avenue shall include transition to the existing pavement east and west of the project limits. 151. Bradshaw Circle is classified as a Local Street (60’RW/40’CC) per City Standard Plan No. MVSI-107A-0, modified. Any improvements to the roadway shall be per City standards or as approved by the City Engineer.
152. Communication conduit along project frontage shall be required per City Standard Plan No. MVSI-186-0.
153. Prior to final approval of any landscaping or monument sign plans, the project plans shall
demonstrate that sight distance at the project entrances conforms to City Standard Plan No. MVSI-164A, B, C-0.
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) 154. 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.
155. Prior to issuance of a Certificate of Occupancy, all approved signing and striping shall be installed per current City Standards and approved plans. 156. Prior to issuance of an encroachment permit, construction traffic control plans prepared
by a qualified, registered Civil or Traffic engineer may be required for plan approval or as required by the City Traffic Engineer.
PARKS & COMMUNITY SERVICES DEPARTMENT
157. This project is subject to current Quimby Fees.
CONDITIONS OF APPROVAL
Conditional Use Permit
(PEN20-0173)
Tentative Tract Map (PEN20-0172)
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Attachment: Resolution No. 2022-XX - Approving Appeal PAA22 0004 [Revision 3] (6019 : Bradshaw Collection) 1 ORDINANCE NUMBER 2022-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, APPROVING CHANGE OF ZONE (PEN21 -0204) TO AMEND THE CITY ZONING ATLAS FROM RESIDENTIAL 5 (R5)
DISTRICT TO RESIDENTIAL SINGLE -FAMILY 10 (RS10) DISTRICT, FOR
THE PROPERTY LOCATED ON THE NORTHEAST SIDE OF CACTUS
AVENUE EAST OF MORENO BEACH DRIVE (APN’S 478 -090-018,
478-090-024, AND 478-090-025)
The City Council of the City of Moreno Valley does ordain as follows:
SECTION 1 GENERAL:
1.1 RC Hobbs Company (“Applicant”) has submitted an application for the approval of the Bradshaw Collection project, which includes the approval of a Change of Zone (PEN20-0175) (“Application”), which is a request to amend the City’s Zoning Atlas from Residential 5 (R5) District to Residential Single- Family 10 (RS10) District for the property located at the northeast side of Cactus Avenue east of Moreno Beach Drive comprised of approximately 4.81 acres (APN 478-090-018, 478-090-024, and 478-090-025) (“Project Site”), along with requested approval of General Plan Amendment, Conditional Use Permit, and Tentative Tract Map (collectively, the “Proposed Project”); and
1.2 At its November 10, 2022, regular meeting, upon a duly noticed public hearing, the Planning Commission considered the Proposed Project, and denied the associated General Plan Amendment, thereby denying the Change of Zone for the Discovery Residential project and recommended denial to the City Council; and
1.3 The Applicant timely filed an appeal of the Planning Commission’s determination; and
1.4 A duly noticed public hearing was held before the City Council on December 20, 2022, for deliberations and decision; and
1.5 The matter was fully discussed, and the public and other agencies were given opportunity to present testimony and documentation; and
1.6 An Initial Study has been prepared for the Proposed Project for the purpose of compliance with the California Environmental Quality Act (CEQA). Based on the Initial Study, including all supporting technical evidence, it was determined that the Proposed Project impacts, as mitigated in accordance with the Mitigation and Monitoring Report, have been reduced to levels of insignificance and there is no substantial evidence supporting a fair argument that the Proposed Project will have a significant effect on the environmen t in a manner that would otherwise require the preparation and certification of an Environmental Impact Report, and approval of a Mitigated Negative Declaration is an appropriate environmental determination for the Proposed Project.
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Attachment: Ordinance No. XXX - Change of Zone [Revision 3] (6019 : Bradshaw Collection) 2 SECTION 2 EVIDENCE:
That the City Council has considered all of the evidence submitted into the administrative record for Change of Zone ( PEN20-0175), including, but not limited to, the following:
(a) Moreno Valley General Plan and all relevant provisions contained therein; (b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code and all relevant provisions therein;
(c) The change the zoning designation of the site from Residential 5 (R5) District to Residential Single -Family 10 (RS10) District, and all other r elevant provisions contained therein as shown on Exhibit A;
(d) Application for the approval of Change of Zone ( PEN20-0175) and all documents, records and references contained therein;
(e) Staff Reports prepared for the Planning Commission and City Council’s consideration and all documents, records and references related thereto, and Staff’s presentation at the public hearings;
(f) Testimony and/or comments from Applicant and its representatives during the public hearings; and
(g) Testimony comments and/or correspondence from all persons that were provided in written format or correspondence, at, or prior to, the public hearings.
SECTION 3 FINDINGS:
That based on the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the City Council hereby finds as follows:
(a) The proposed amendment is consistent with the existing goals, objectives, policies and programs of the General Plan and any applicable specific plan; (b) The proposed amendment will not adversely affect the public health, safety or general welfare; and
(c) The proposed amendment is consistent with the purposes and intent of Title 9.
SECTION 4 AMENDMENT OF THE OFFICIAL ZONING ATLAS:
4.1 The City of Moreno Valley Official Zoning Atlas, as adopted by Ordinance No. 981, on August 3, 2021, of the City of Moreno Valley, and as amended thereafter from time to time by the City Council of the City of Moreno Valley, is further amended by placing in effect the zone or zone classification to page 101 of the Official Zoning Atlas as shown on the attached map marked “Exhibit A” and included herein by reference and on file in the office of the City Clerk.
SECTION 5 SEVERABILITY
5.1 That the City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance 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 ordinance as hereby adopt ed F.1.q
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Attachment: Ordinance No. XXX - Change of Zone [Revision 3] (6019 : Bradshaw Collection) 3 shall remain in full force and effect.
SECTION 6 REPEAL OF CONFLICTING PROVISIONS
6.1 That all the provisions of the Municipal Code as heretofore adopted by the City of Moreno Valley that are in conflict with the provisions of this Ordinance are hereby repealed.
SECTION 7 EFFECTIVE DATE
7.1 That this Ordinance shall take effect thirty (30) days after its second reading.
Section 8 CERTIFICATION
8.1 That the City Clerk shall certify to the passage and adoption of this Ordinance, enter the same in the book for original ordinances of the City, and make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Ordinance is passed and adopted.
APPROVED DECEMBER 20, 2022, AND ADOPTED this 3rd day of January, 2023.
CITY OF MORENO VALLEY
CITY COUNCIL
___________________________________
Ulises Cabrera
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: Official Zoning Atlas Pg 101
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Attachment: Ordinance No. XXX - Change of Zone [Revision 3] (6019 : Bradshaw Collection) 4 ORDINANCE JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certify that Ordinance No. YYYY-___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the _____ day of _________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________
CITY CLERK
(SEAL)
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Attachment: Ordinance No. XXX - Change of Zone [Revision 3] (6019 : Bradshaw Collection) 5 Exhibit A
Official Zoning Atlas Pg 101
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Attachment: Ordinance No. XXX - Change of Zone [Revision 3] (6019 : Bradshaw Collection) PEN20-0175 - Change of Zone
Proposed Change from Residential 5 (R5) to Residential Single-Family 10 (RS10) RS 10
City of Moreno Valley Zoning Atlas Page 101
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Attachment: Ordinance No. XXX - Change of Zone [Revision 3] (6019 : Bradshaw F.1.s
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Attachment: Planning Commission Public Comments (6019 : Bradshaw Collection) F.1.s
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Attachment: Planning Commission Public Comments (6019 : Bradshaw Collection) F.1.s
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Attachment: Planning Commission Public Comments (6019 : Bradshaw Collection) F.1.s
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Attachment: Planning Commission Public Comments (6019 : Bradshaw Collection) Good Evening MORENO VALLEY Planning Commissioners, November 10, 2022.
My name is Bill Redden. I live at 28163 Bradshaw circle and received Occupancy from City in November of 2021. I have watched the process of the General Plan development and noted that the vacant land surrounding my home (on nearly acre) remained designate as 5 dwellings per acre. I did not object to development of 8 homes to north west of me or the a tentative tract map of 6 homes across the street. These housing developments were consistent with General Plan of less than 5 dwellings per acre.
I and home owners surrounding the development are opposed to the development as currently proposed. We are opposed to the proposed General Plan Amendment and change of zone.
Specific issues are as follows.
General Plan Issues.
1.The General Plan 2040 adopted June 2021, states in Scope and Purpose of the General Plan: The Moreno Valley General Plan can be considered the city’s development constitution, containing both a statement of community’s vision of its long-term development…” page 1-3.
2.Furthermore for clarification, page 2-8 states: “The General Plan Land Use Map illustrates the long-term vision for development and conservation in the planning area..” Having a general plan amendment less than year and half appears to be inconsistent with city’s General Plan’s scope and purpose.
3.According to General Plan, developments need to be consistent with General Plan polices. Under policy Goal LCC-3: “Build a distinctive sense of place and pride in Moreno Valley. LCC.3-2: use development standards to ensure smooth transitions for areas that that border one another so that neighborhoods and districts maintain their unique qualities while being compatible with one another”. Thus even if General Plan amendment is permitted with R10 butting up against R5 area, there must be transition area between these two developments. No transition zone is proposed in the development.
Issues with the Initial Study/Mitigated negative Declaration.
1.On page 29. Inaccurate statement: “The project is to provide 37 new single-family residence, which would be similar to the single-family p1 of 2
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Attachment: Planning Commission Public Comments (6019 : Bradshaw Collection)
2.residential uses that are adjacent to the west of the site, to the south of the site beyond the flood control channel, and to the north fo the site beyond Finch ave.” As can be noted in Exhibit A showing current housing and projected housing development, this 37 housing development is not similar. Further more, there is no flood channel south of the site and there is no Finch ave north of the site.
Issues with Conditions of Approval.
As stated in tra ffic study, 359 vehicles per day are to pass through Bradshaw Circle. Bradshaw Circle is designated as private street that does not meet current city standards and is not maintained by the city. The development is only required to make improvements along the west side of Bradshaw circle.
The question is how long will the street last with such relatively heavy load of traffic on the street to west?
Significant observation.
The owner lives out of state in Utah and developer/builder lives out of the Riverside county. They are not part of community impacted by their development.
In conclusion please deny the general Plan amendment and zone change. The development should comply with recently approved General Plan of 2040 of 5 dwellings per acre.
Thank you for allowing me to express my concerns regarding this development.
Bill Redden [email protected]
28163 Bradshaw Circle, Moreno Valley, CA 92555.
951 442 1103.
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Attachment: Planning Commission Public Comments (6019 : Bradshaw Collection)
Report to City Council
ID#6022 Page 1
TO: Mayor and City Council
FROM: Manuel A. Mancha, Community Development Director
AGENDA DATE: December 20, 2022
TITLE: GENERAL PLAN AMENDMENT, CHANGE OF ZONE,
CONDITIONAL USE PERMIT FOR A PLANNED UNIT
DEVELOPMENT, AND A TENTATIVE TRACT MAP 38237
TO S UBDIVIDE AN 8.77 -ACRE PROJECT SITE IN TO 67
SINGLE-FAMILY LOTS
RECOMMENDED ACTION
Recommendations: That the City Council:
1. ADOPT Resolution No. 2022-XX, attached hereto:
1) ADOPTING the Initial Study/Mitigated Negative Declaration prepared for General Plan Amendment (PEN21 -0203), Change of Zone (PEN21 -0204), Conditional Use Permit (PEN22 -0162), and Tentative Tract Map 38237 (PEN21-0199) on file with the Community Development Department, incorporated herein by this reference, which was completed in complianc e with CEQA and the CEQA Guidelines, and reflects that the Planning Commission and City reviewed and considered the information contained in the Initial Study/Mitigated Negative Declaration, and exercised its independent judgment and analysis of the Propos ed Project’s potential environmental impacts; and
2) ADOPTING the Mitigation Monitoring and Reporting Program prepared for the Proposed Project, which consists of a General Plan Amendment (PEN21 - 0203), Change of Zone (PEN21-0204), Conditional Use Permit (PEN20-0173) for a Planned Unit Development and Tentative Tract Map 37858 (PEN20-0172) pursuant to CEQA and the CEQA Guidelines.
2. ADOPT Resolution No. 2022-XX, attached hereto:
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1. APPROVING General Plan Amendment (PEN21 -0203) based on the Recitals, Evidence contai ned in the Administrative Records and Findings as set forth in Resolution No. 2022 -XX and any necessary and corresponding amendment to the City’s Zoning Atlas to reflect the proposed changes in the zoning classification and/or redistricting associated with the General Plan Amendment.
2. APPROVING Conditional Use Permit (PEN22 -0162), and Tentative Tract Map 38237 (PEN21 -0199) based on the Recitals, Evidence contained in the Administrative Records and Findings as set forth in Resolution No. 2022-XX.
3. INTRODUCE Ordinance No. [next in order] approving Change of Zone (PEN21-0204) and corresponding amendment to the City’s Zoning Atlas and the conditions of approval, based on the Recitals, Evidence and Findings contained in the Administrative Record of the proceedings.
SUMMARY
This report recommends approving the General Plan Amendment (PEN21 -0203), Change of Zone (PEN21 -0204), Tentative Tract Map 38237 (PEN21 -0199), and Conditional Use Permit (PEN22 -0162), for the Discovery Residential Project to subdivide 8.77 gross acres of vacant unimproved land into sixty-seven (67) single-family residential lots and associated amenities and public improvements.
DISCUSSION
The Proposed Project was considered by the Planning Commission at a duly noticed public meeting conducted on November 17, 2022, and the Planning Commission voted unanimously 4 -0 to recommend adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approve the General Plan Amendment, Change of Zone, Tentative Tract Map, and Conditional Use Permit for the Discovery Residential Project.
Proposed Project
The Proposed Project consists of a General Plan Amendment to change the existing land use designation to Residential 10 (R10) with a Change of Zone to change the zoning designa tion to Residential Single -Family 10 (RS10) District, as well as a Conditional Use Permit (CUP) for a Planned Unit Development (PUD) and a Tentative Tract Map (TTM) for an 8.77 -acre vacant unimproved parcel to be subdivided into 67 single-family residentia l lots on the northeast corner of Oliver Street and Brodiaea Avenue.
General Plan Amendment
A General Plan Amendment (GPA) application was submitted to change the land use designation of the project site from Residential 5 (R5) to Residential 10 (R10). The R10 land use designation is intended to provide for a variety of residential products and to F.2
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encourage innovation in housing types with amenities not generally found in suburban subdivisions, such as common open spaces and recreational areas. The R10 land use designation allows for a maximum density of 10.0 dwelling units per acre.
Change of Zone
A Change of Zone (CZ) application was submitted to rezone the Project Site from Residential 5 (R5) District to Residential Single -Family 10 (RS10) District. Unde r the Proposed Project’s current Residential (R5) District, a maximum of 5.0 units per gross acre is allowed, but as proposed the Proposed Project would allow for 7.6 units per gross acre. To obtain the desired units per gross acre a CZ is required to rezo ne the Project Site to Residential Single -Family 10 (RS10) District, which allows up to 10.0 units per gross acre, thereby allowing the proposed 7.6 units. The Residential Single - Family 10 (RS10) zoning district is intended to provide residential developme nt on small single-family lots with amenities not generally found in suburban subdivisions and allows a maximum density of 10 units per acre.
Conditional Use Permit for a Planned Unit Development
The Proposed Project includes a Conditional Use Permit (CUP ) for a Planned Unit Development (PUD), which allows for the proposed development to establish unique criteria for such things as setbacks, lot width and depth, building separation, and lot size. Flexible development standards are allowed in exchange for a higher level of detail and amenities within the Proposed Project than typically are required for standard residential development. As proposed, the Proposed Project is consistent with the standards of Moreno Valley Municipal Code (MVMC) Section 9.03.060, which outlines PUDs.
The proposed PUD provides guidelines for various architectural styles for the home sites that meet or exceed City -wide design standards in the Municipal Code. All development within the tract must meet the standards stated in the PUD, including plotting, setbacks, open space areas, and architecture. Additionally, the PUD provides design guidelines for public park amenities and includes design features for community entrances and other common-area improvements.
The development will intr oduce a new community with different housing product types.
The Proposed Project proposes production homes identified as the “3,600 series” for DR Horton’s continuing “Bella Serra” community. As proposed, the “3,600 series” is intended to be lots that are approximately 3,600 sq. ft. or larger. The 67 home sites of the “Bella Serra” community will have homes ranging in size from 1,575 to 2,384 square feet. All homes are two -story construction with attached two -car garages. The “Bella Serra” community will have three different floor plans and three different elevation types, as required by the Municipal Code.
Tentative Tract Map
The proposed Tentative Tract Map (TTM) 38237 has been designed consistent with the PUD standards and will subdivide an 8.77 -acre site into 67 single-family residential lots.
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As proposed the Tentative Tract Map would also create interior private streets and record the dedication of a 0.56 -acre park site. Several “lettered lots” are included for common-area lots, along with two (2) wate r-quality basins, and guest parking areas, which will be maintained by the Homeowners Association (HOA). The Proposed Project complies with the City’s development standards for a TTM.
Site/Surrounding Area
The Project Site is approximately 8.77 -acres located on the northeast corner of Oliver Street and Brodiaea Avenue. Surrounding land uses to the north and east of the Proposed Project include the Discovery Christian Church and a single -family residential tract currently under construction within the Reside ntial 5 (R5) District. To the west of the Project Site is vacant land within the Downtown Center (DC) District that was recently approved with a single -family residential tract map (Tract 38236) of similar density to this proposal. To the south of the Proj ect Site is existing single -family residences within the Residential Agriculture 2 (RA2) District and the Residential 5 (R5) District.
Access/Parking
The Proposed Project’s access will be provided from Oliver Street and Brodiaea Avenue. Tract 38237 is prop osed as a non -gated private community. The perimeter streets, Oliver Street and Brodiaea Avenue will remain public streets.
All internal streets are to be private at a minimum width of 26 feet and will be maintained by the newly established HOA. As such, there will be no street parking allowed within the community. However, the development will provide several designated “guest parking” areas that are generally dispersed throughout the subdivision. These guest parking spaces include a combination of design ated 90-degree parking stalls as well as parallel parking stalls. As proposed there will be 25 guest parking stalls within the “Bella Serra” community.
Each of the residential lots will have a two -car garage with a driveway that can accommodate two additional vehicles in front of the garage door.
Design/Landscaping
The PUD guidelines for the “3,600 series” of the Bella Serra community will offer three elevation styles: Traditional, Spanish, and Craftsman. Each building style will have three color combinations to provide interest among the housing types.
The PUD includes typical plot plan configurations for the new homes and typical front yard landscaping. The HOA will maintain all front yard landscaping in an effort to maintain a consistent well -maintained appearance of the streetscapes within the community. A conceptual landscape plan in the PUD document shows the typical street trees along all public streets, landscaping for all entry features, shade trees around the park site, and common area landscaping lots.
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The Proposed Project also includes a 0.56 -acre park that will primarily serve the local neighborhood, including adjoining developed residential areas, which is intended to be dedicated to the City. Proposed park improvement amenities include a turf playfield with a meandering multipurpose trail, which will connect to the adjacent DR Horton developed (referred to as Tract 38236). Tract 38236 provides a public park area that includes a turf playfield, a large shade structure with picnic tables and BBQ grills, walkways with park benches, shade trees, and bench seating near the tot lot area. It is the applicant’s intent that the residents of the Proposed Project will have full access/use of the park located in the adjacent Tract 38236.
REVIEW PROCESS
All appropriate outside agencies have considered the Proposed Project part of the standard review process. The Proposed Project was reviewed by the Project Review Staff Committee as required by the Municipal Code. Following subsequent revisions and reviews by staff, the Proposed Project was determined to be complete.
ENVIRONMENTAL
An Initial Study was prepared by EPD Solutions Inc. in compliance with the California Environmental Quality Act (CEQA) and its guidelines. The Initial Study examined the potential imp acts of the Proposed Project on the environment. The Initial Study/Mitigated Negative Declaration (IS/MND) serves as the appropriate CEQA documentation for the Proposed Project. With the implementation of the proposed mitigation measures, the Proposed Proj ect will not have a significant effect on the environment. Technical studies prepared in support of the IS/MND include the following:
Air Quality, Energy, and Greenhouse Gas Emissions Impact Analysis, General Biological Assessment Report, Phase I Cultural Resources Survey, Geotechnical and Infiltration Evaluation, Paleontological Assessment, Phase I and Limited Phase II Environmental Site Assessment, Project Specific Water Quality Management Plan, Hydrology Report, Noise Impact Analysis, VMT Analysis, and t he Tree Survey and Arborist Report. Copies of the appendices to the IS/MND can be accessed from the link attached to this staff report. The documents can be reviewed at City Hall during operating hours.
Mitigation measures are recommended for the Proposed Project in the following areas:
Biological Resources, Cultural/Tribal, and Paleontological Resources, all of which are incorporated into the Mitigation Monitoring and Report Program (MMRP). The measures for cultural resources have been included to address input from the Tribal governments.
The measures are intended to ensure that potential resources that might be discovered are protected. However, these measures are not required to address a known significant impact. Based on the Initial Study and the propo sed mitigation measures, the Proposed Project will not cause any significant impacts to the environment.
The public comment period for the Notice of Availability of the Initial Study/Mitigated Negative Declaration began on October 14, 2022, and ended on No vember 14, 2022, (State Clearing House Number 2022100263) which satisfies the required 30 -day review period required for this project.
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ALTERNATIVES
1. Conduct a public hearing and take action to adopt the Initial Study/Mitigated Negative Declaration and Mitig ated Monitoring and Reporting Program, and approve the Proposed Project consistent with the Planning Commission’s recommendations. Staff recommends this alternative.
2. Conduct a public hearing and deny the Proposed Project. Staff does not recommend this alternative.
FISCAL IMPACT
Not applicable.
NOTIFICATION
Consistent with the City Municipal Code provisions, public notice was sent to all property owners of record within 600 feet of the Project Site, posted on the Project Site, and published in the Press Enterprise Newspaper.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Name Kirt Coury Name Manuel A. Mancha
Title Contract Planner Title: Community Development Director
Concurred By:
Name: Sean Kelleher
Title: Planning Official
CITY COUNCIL GOALS
Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal policies to support essential City services, regardless of economic climate.
Public Facilities and Capital Projects . Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.
Positive Environment. Create a positive environment for the development of Moreno Valley's future.
Community Image, Neighborhood Pride and Cleanliness . Promote a sense of community pride and foster an excellent image about our City by developing and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.
CITY COUNCIL STRATEGIC PRIORITIES
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1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Resolution No. 2022-XX IS/MND
2. Exhibit A - Final Initial Study/Mitigated Negative Declaration
3. Appendix A - Air Quality, Energy, Greenhouse Gas Emissions Impact Analysis
4. Appendix B - General Biological Resources Assessment Report
5. Appendix C - Phase I Cultural Resources Survey
6. Appendix D - Geotechnical & Infiltration Evaluation
7. Appendix E - Paleontological Assessment
8. Appendix F - Phase I and Limited II Environmental Site Assessment
9. Appendix G - Project Specific Water Quality Management Plan
10. Appendix H - Hydrology Report
11. Appendix I - Noise Impact Analysis
12. Appendix J - VMT Analysis
13. Appendix K - Tree Survey and Arborist Report
14. Exhibit B - Notice of Intent to Adopt a Mitigated Negative Declaration
15. Exhibit C - Mitigation Monitoring and Reporting Program
16. Resolution No. 2022 -XX - General Plan Amendment, Conditional Use Permit, and Tentative Tract Map
17. Ordinance No. XXX
18. Project Plans - TTM
19. Planned Unit Develoment Document
APPROVALS
Budget Officer Approval ✓ Approved . 12/13/22 6:06 PM City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 12/14/22 9:08 AM F.2
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1 Public Resources Code §§ 21000-21177
1 14 California Code of Regulations §§15000-15387
RESOLUTION NUMBER 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE
DECLARATION AND MITIGATION MONITORING AND REPORTING
PROGRAM FOR THE DR HORTON DISCOVERY RESIDENTIAL
PROJECT LOCATED AT THE NORTHEAST CORNER OF OLIVER
STREET AND BRODIAEA AVENUE (APN 486-240-010)
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, DR Horton Los Angeles Holding Company Inc., (“Applicant”) has submitted applications for the Discovery Residential project which includes the development of a 67 single- family lot residential project with associated public improvements (“Proposed Project”), located on the northeast corner of Oliver Street and Brodiaea Avenue (APN 486-240-010) (“Project Site”); and WHEREAS, the Proposed Project shall include not only the General Plan Amendment (GPA) (PEN21 -0203), Change of Zone (PEN21- 0204), a Conditional Use Permit (PEN22-0162) for a Single-Family Planned Unit Development, and Tentative Tract Map 38237 (PEN21-0199), and corresponding amendment to the City’s Zoning Atlas to reflect the proposed changes in the zoning classification and/or redistricting associated with the General Plan Amendment (PEN21-0203); 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 3 0 days commencing on October 14, 2022, through November 14, 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 Proposed Projects’ mitigation measures was prepared for the Proposed Project and circulated with the Mitigated Negative Declaration; and WHEREAS, on November 17, 2022, a hearing was conducted by the Planning Commission whereby the Planning Commission approved Planning Commission Resolution 2022- 48, recommending the City Council approve the Mitigated Negative F.2.a
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Attachment: Resolution No. 2022-XX IS/MND [Revision 1] (6022 : Dr Horton Tract 38237) Declaration/Initial Study, Mitigation Monitoring and Reporting Program, and P roposed Project; and
WHEREAS, on December 20, 2022, a hearing was conducted by the City Council to approve the Mitigated Negative Declaration/Initial Study, Mitigation Monitoring and Reporting Program, and the Proposed Project; and
WHEREAS, at the conclusion of the public hearing, in the exercise of its own independent judgment, the City Council determined that the Mitigated Negative Declaration/Initial Study and the Mitigation Monitoring and Reporting Program will reduce the environmental impacts of the Proposed Project to levels of insignificance and that there is no substantial evidence supporting a fair argument that the Proposed Project will have a significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals and Exhibits
That the foregoing Recitals and attached exhibits are true and correct and are hereby incorporated by this reference.
Section 2. Evidence
That the City Council has considered all the evidence submitted into the Administrative Record for the Mitigated Negative Declaration and Mitigation Monitoring Plan, including, but not limited to, the following:
(a) Mitigated Negative Declaration/ Initial Study prepared for the P roposed 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 s prepared for the Planning Commission and City Council’s consideration and all documents, records , and references related thereto, and Staff’s presentation at the public hearings; and
(e) Testimony, comments , and correspondence from all persons that were provided at, or prior to, the public hearings.
Section 3. Findings
That based on the content of the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the City Council makes the following findings:
(a) That all environmental impacts of the Proposed Project, with the mitigation measures set forth in the MMRP, have been reduced to levels of insignificance and there is no substantial evidence supporting a fair F.2.a
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Attachment: Resolution No. 2022-XX IS/MND [Revision 1] (6022 : Dr Horton Tract 38237)
argument that the Proposed Project will have a significant effect on the environment that would otherwise require the preparati on and certification of an Environmental Impact Report; and
(c) That the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been completed in compliance with CEQA and the CEQA Guidelines and are consistent the City’s Rules and Procedures for the Implementation of the California Environmental Quality Act; and (d) That t he Mitigated Negative Declaration/Initial Study and Mitigation Monitoring and Reporting Program reflect the independent judgment and analysis of the City as lead agency for the Proposed Project; and (e) That the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are adequate to serve as the required CEQA environmental documentation for the Proposed Project.
Section 4. Adoption
That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings, as set forth herein, the City Council hereby adopts the Initial Study/Mitigated Negative Declaration attached hereto as Exhibit A and the Mitigation Monitoring and Reporting Program attached hereto as Exhibit C.
Section 5. Repeal of Conflicting Provisions
That all the provisions as heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.
Section 6. Severability
That the City Council declares that, should any provision, section, paragraph, sentence, or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 7. Effective Date
That this Resolution shall take effect immediately upon the date of adoption.
Section 8. Certification
That the City Clerk for the City Council shall certify to the passage of this Resolution.
PASSED AND ADOPTED THIS 20th day of December 2022
CITY OF MORENO VALLEY
CITY COUNCIL
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Attachment: Resolution No. 2022-XX IS/MND [Revision 1] (6022 : Dr Horton Tract 38237) _________________________
Ulises Cabrera,
Mayor of the City of Moreno Valley
ATTEST:
_________________________
Jane Halstead, City Clerk
APPROVED AS TO FORM:
_________________________
Steven B. Quintanilla,
Interim City Attorney
Exhibits:
Exhibit A: Mitigated Negative Declaration/Initial Study Exhibit B: Notice of Intent to Adopt a Mitigated Negative Declaration / Newspaper Notice Exhibit C: Mitigation Monitoring and Reporting Plan
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Attachment: Resolution No. 2022-XX IS/MND [Revision 1] (6022 : Dr Horton Tract 38237)
Exhibit A
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237)
CITY OF
MORENO VALLEY
INITIAL STUDY AND MITIGATED NEGATIVE
DECLARATION FOR DISCOVERY PROJECT
DISCOVERY PUD PROJECT
TTM 38237 (PEN 21-0199)
DATE OF PUBLICATION
October 5, 2022
Lead Agency
CITY OF MORENO VALLEY
14177 Frederick Street
Moreno Valley, CA 92552
Project Applicant:
D.R. Horton
Megan Whieldon
2280 Warlow Circle, Ste. 100
Corona, CA 92878
Prepared By:
EPD Solutions, Inc.
2355 Main Street Suite 100
Irvine, CA 92614
(949)794-1180
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project i City of Moreno Valley
TABLE OF CONTENTS
BACKGROUND INFORMATION AND PROJECT DESCRIPTION: ................................ ............ 1
8. PROJECT LOCATION................................ ................................ ................................ 2 EXISTING LAND USES ................................ ................................ ................................ . 2
9. GENERAL PLAN DESIGNATION: ................................ ................................ .............. 2
10. SPECIFIC PLAN NAME AND DESIGNATION: N/A ................................ .................. 2
11. EXISTING ZONING: Residential 5 District (R-5) ................................ ....................... 2
12. SURROUNDING LAND USE, GENERAL PLAN AND ZONING DESIGNATIONS .... 2
13. Description of the Site and Project ................................ ................................ ....................... 4 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: ................................ ....................21 DETERMINATION (To be completed by the Lead Agency): ................................ ......................21 EVALUATION OF ENVIRONMENTAL IMPACTS: ................................ ................................ ....22 ISSUES & SUPPORTING INFORMATION SOURCES: ................................ ............................24 I. AESTHETICS ................................ ................................ ................................ ......24 II. AGRICULTURE AND FOREST RESOURCES ................................ ...................28 III. AIR QUALITY ................................ ................................ ................................ ......30 VI. ENERGY ................................ ................................ ................................ .............44 VII. GEOLOGY AND SOILS ................................ ................................ ......................47 VIII. GREENHOUSE GAS EMISSIONS ................................ ................................ ......52 IX. HAZARDS AND HAZARDOUS MATERIALS ................................ ......................55 X. HYDROLOGY AND WATER QUALITY – Would the project: ............................... 59 XI. LAND USE AND PLANNING ................................ ................................ ...............64 XII. MINERAL RESOURCES – Would the project: ................................ ....................70 XIII. NOISE ................................ ................................ ................................ .................71 XIV. POPULATION AND HOUSING ................................ ................................ ...........78 XV. PUBLIC SERVICES ................................ ................................ ............................79 XVI. RECREATION ................................ ................................ ................................ .....83 XVII. TRANSPORTATION ................................ ................................ ...........................84 XVIII. TRIBAL CULTURAL RESOURCES ................................ ................................ .....87 XIX. UTILITIES AND SERVICE SYSTEMS ................................ ................................ .91 XX. WILDFIRE ................................ ................................ ................................ ...........95 XXI. MANDATORY FINDINGS OF SIGNIFICANCE................................ ....................98 DOCUMENT PREPARERS AND CONTRIBUTORS ................................ ............................... 100
FIGURES
Figure 1 Regional Location ................................ ................................ ................................ ........ 8 Figure 2: Local Vicinity ................................ ................................ ................................ ..............11 Figure 3: Aerial View ................................ ................................ ................................ .................13 Figure 4: Conceptual Site Plan ................................ ................................ ................................ ..15 Figure 5: Conceptual Elevations ................................ ................................ ............................... 17 Figure N-1 Noise Monitoring Locations ................................ ................................ .....................75
MITIGATION MONITORING AND REPORTING PROGRAM (Separate Document if applicable)
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project ii City of Moreno Valley APPENDICES (Separate Documents)
Appendix A. Air Quality, Greenhouse Gas, and Energy Analysis Appendix B. Biological Resources Assessment and DBESP
Appendix C. Cultural Resources Assessment
Appendix D. Geotechnical and Infiltration Investigation Appendix E. Paleontological Resources Assessment
Appendix F. Phase I and Limited Phase II Environmental Assessment Appendix G. Preliminary WQMP
Appendix H. Hydrology Report
Appendix I Noise Impact Analysis
Appendix J. Scoping Agreement and VMT Memo
Appendix K Arborist Report
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project iii City of Moreno Valley
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 1 City of Moreno Valley
INITIAL STUDY AND MITIGATED
NEGATIVE DECLARATION FOR
DISCOVERY RESIDENTIAL
PROJECT
BACKGROUND INFORMATION AND PROJECT DESCRIPTION:
1. Project Case Number(s): Tentative Tract Map No. 38237 ( PEN 21-0199), General Plan Amendment (PEN21-0203), Change of Zone (PEN21 -0204),
Conditional Use Permit (PEN22-0162)
2. Project Title: Discovery Residential Project
3. Public Comment Period: October 5, 2022 to November 4, 2022
4. Lead Agency: City of Moreno Valley
Luis Lopez, Contract Planner
14177 Frederick Street
Moreno Valley, CA 92552
(951) 413-3206
[email protected]
5. Documents Posted At: http://www.moval.org/cdd/documents/about-projects.html
6. Prepared By: Konnie Dobreva, J.D.
Brooke Blandino
Danielle Thayer
EPD Solutions, Inc.
2355 Main Street Suite 100
Irvine, CA 92614
(949) 794-1180
[email protected]
7. Project Sponsor:
Applicant/Developer
D.R. Horton
Megan Whieldon
2280 Warlow Circle,Ste. 100
Corona, CA 92878
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 2 City of Moreno Valley
8. PROJECT LOCATION
The Project site is located in northern Riverside County, within the central portion of the City of Moreno Valley. The City is located approximately 12 miles southeast of the city of Riverside, and 16 miles south of the center of the City of San Bernadino . Regional access is provided by State Route 60 (SR-60), which provides access to the Project site via the Moreno Beach Drive exit as shown in Figure 1, Regional Location.
Local access to the site is provided by Brodiaea Avenue and Oliver Street. The Project site is located northeast of the Oliver Street and Brodiaea Avenue intersection. The site consists of one parcel identified as Assessor’s Parcel Number (APN) 486-240-010. The site is bound by the Discovery Christian Church to the north followed by Alessandro Boulevard, vacant undeveloped land to the east, Oliver Street followed by vacant land to the west, and Brodiaea Avenue followed by single-family residences to the south. The Project site and the surrounding local area is shown in Figure 2, Local Vicinity.
EXISTING LAND USES
The Project site is 8.77 acres and is currently vacant yet disturbed. The Project site is relatively flat with a gentle slope in the south/southwest direction. Elevation of the northern portion of the site is approximately 1,560 feet with approximately 10 feet of elevation differential across the site.
Chain-link fencing surrounds the Project site and ornamental landscaping is scattered along the west, east, and southwest perimeter of the site. The Project site is characterized by ruderal habitat dominated by non -native ve getation, with sparse patches of willow scrub habitat . There are various mature trees scattered throughout the site. A non-continuous ephemeral stream is onsite and generally flows north to southeast across the northeast corner of the site. Existing conditions of the Project site and adjacent uses is shown in Figure 3, Aerial View.
9. GENERAL PLAN DESIGNATION:
The General Plan land use designation of the site is R5 Residential. The primary purpose of areas designated R5 Residential is to provide for single -family detached housing on standard sized suburban lots. The maximum allowable density shall be 5.0 dwelling units (DU) per acre.
10. SPECIFIC PLAN NAME AND DESIGNATION: N/A
11. EXISTING ZONING: Residential 5 District (R-5)
The existing zoning designation of the Project site is residential, with up to 5 dwelling units (DU) per acre (R-5). According to Moreno Valley Municipal Code Section 9.03.020, the primary purpose of the Residential (R-5) zoning district is to provide for residential development on common sized suburban lots. This district is intended as an area for development of single-family residential and mobile home subdivisions at a maximum allowable density of five DUs per net acre in accordance with the provisions outlined herein.
12. SURROUNDING LAND USE, GENERAL PLAN AND ZONING DESIGNATIONS The Project site is surrounded by Oliver Street to the west, Brodiaea Avenue to the south, Discovery Christian Church to the north, and vacant land to the east. Surrounding land uses are further described in Table 1 below.
Table 1: Surrounding Existing Land Uses and Zoning Designations F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 3 City of Moreno Valley Existing Land Use Land Use
Designation
Zoning Designation
North Discovery Christian
Church
Residential up to 5
dwelling units per acre
(R5).
Residential up to 5
dwelling units per acre
(R5).
South Brodiaea Avenue
followed by single-
family residences
Residential up to 5
dwelling units per acre
(R5).
Residential agricultural
land up to two dwelling
units per acre (RA2).
West Oliver Street followed
by vacant
undeveloped land
Downtown Center
allowing mixed-use
with multifamily
residential, and
medium-density
residential in this
sector.
Downtown Center
allowing medium
density residential
(DC) in this sector.
East Charles St. followed
by vacant land
Residential up to 5
dwelling units per acre
(R5).
Residential up to 5
dwelling units per acre
(R2).
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13. Description of the Site and Project
Development Summary
The Project would construct 67 single -family residential units at a density of 7.63 dwelling units per net acre. The residential lot sizes would be approximately 3,600 SF and would include backyard space, side yards, private driveways, and attached garages as shown in Figure 4, Conceptual Site Plan. The residences would include three different plans. Figure 5, Conceptual Elevations shows the architectural designs.
Parking and Access
The Project would include two access points from Brodiaea Avenue and Oliver Street. New internal streets would be constructed to provide access to the single-family residences. As per Moreno Valley Municipal Code Section 9.11.040, single-family homes are required to provide 2 off street parking spots per unit. Each unit would be constructed with a 2-car garage, which would meet City standards and provide a total of 134 covered parking spaces. Additionally, there will be 25 designated (uncovered) guest parking spaces generally dispersed throughout the community.
Recreation and Open Space
The Project includes a 0.56-acre open space pedestrian trial for recreation and open space along the northern site boundary.
Walls and Lighting
The Project would include security lighting in the common area and perimeter landscaping along the public streets , streets lights and pedestrian/security lighting in public spaces that does not create glare onto adjoining private property, pursuant to Section 9.10.110 of the City’s Municipal Code.
The Project includes decorative masonry walls up to 6 feet tall along the perimeter of the subdivision. Additionally, decorative walls up to 3 feet tall and open fencing up to 6 feet tall will be used at project entries and around water quality retention basins.
Landscaping
The Project would install new drought tolerant low water use ornamental landscaping throughout the site. The landscaping irrigation would be installed pursuant to CalGreen water regulations (AB 1881).
Infrastructure Improvements
The proposed development would install new infrastructure and connect to the existing water, sewer, and new drainage infrastructure for the subdivision. Gas and water infrastructure would connect to existing lines in Brodiaea Avenue.
Gas:
The Project would connect to the existing gas line along and underneath Brodiaea Avenue. Gas utilities would be provided by the Southern California Gas company.
Water:
The Project would extend domestic water infrastructure and install an onsite water system that would connect to the existing water lines in Brodiaea Avenue and loop onto Oliver Street . Two water quality basins are proposed at the southwestern and southeastern corners of the site F.2.b
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Sewer:
The Project would install a new sewer line that would connect to an existing 8-inch sewer line to connect to existing infrastructure from Oliver Street and follow the access streets within the neighborhood to provide access to all units.
Stormwater Drainage:
The Project would install catch basins on all public and private streets to collect stormwater runoff and direct flows to various on-site and off-site proposed bioretention basins proposed as part of this subdivision and Tentative Tract Map 39236 on the west side of Oliver Street.
General Plan and Zoning
The Project includes a General Plan Amendment and Zone Change from R5 Residential to Residential Single-Family 10 District (RS10). As discussed in the Municipal Code, the primary purpose of the R S district is to provide residential development on small single -family lots with amenities not generally found in suburban subdivisions. The district is intended for subdivisions at a maximum allowable density of ten (10) dwelling units per net acre. In addition, the Project would include a Conditional Use Permit (CUP) for a Planned Unit Development (PUD) to allow for flexibility in the design.
Construction and Phasing
Construction is expected to occur over 1 4 months. Construction activities for the Project would occur over one phase and include site preparation, grading, building construction, paving, and architectural coatings. Earthwork is expected to be balanced onsite.
Pursuant to Sub-Section 8.14.040-E of the Moreno Valley Municipal Code, construction activities would be limited to between the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday, excluding holidays and from 8:00 a.m. to 4:00 p.m. on Saturday, unless written approval is obtained from the City Building Official or City Engineer.
Discretionary Approvals, Permits, and Studies
The following discretionary approval, permits, and studies are anticipated to be necessary for implementation of the Project:
City of Moreno Valley
Adoption of this Mitigated Negative Declaration
Conditional Use Permit for Planned Unit Development Approval Approval of TTM
Approval of Zone Change
Approval of General Plan Amendment
Approvals and permits necessary to execute the Project, including but not limited to, demolition permit, grading permit, building permit, etc.
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14. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, an d reduce the potential for delay and conflict in the environmental review process. (See Publ ic Resources Code section 21080.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality.
The City sent notices regarding the project to the following Native American tribes that may have knowledge regarding tribal cultural resources in the Project vicinity.
Because the Project involves a General Plan Amendment, the Project is also subject to Section 65352.3 of the CA Government Code (SB 18 Review) with requires local planning agencies to provide opportunities for involvement of California Native American tribes on the contact list maintained by the Native American Heritage Commission. The listed Tribes have up to 90 days to request consultation, unless a shorter time frame is agreed to by that Tribe. Accordingly, the City sent notices on February 11, 2022 regarding the Project to the following California Native American tribes that may have knowledge regarding tribal cultural resources in the Project vicinity:
Agua Caliente Band of Cahuilla Indians
Cahuilla Band of Indians
Desert Cahuilla Indians
Los Coyotes Band of Cahuilla Mission Indians
Morongo Band of Mission Indians
Pechanga Band of Luiseño Indians
Rincon Band of Luiseño Indians
San Manuel Band of Mission Indians
Santa Rosa Band of Mission Indians
Serrano Nation of Mission Indians
Soboba Band of Luiseño Indians
The Rincon Band of Luiseño Indians requested consultation regarding the proposed Project pursuant to Assembly Bill 52 (AB 52). During consultation, the Rincon Band of Luiseño Indians requested inclusion of mitigation, including tribal monitoring, due to the potential of the Project to unearth previously undocumented tribal cultural resources during construction.
Consultation between Rincon Band of Luiseño Indians an d the City concluded on May 16, 2022. Additionally, the San Manuel Band of Mission Indians submitted correspondence on March 7, 2022 indicating that the Project site is located within Serrano ancestral territory.
Therefore, several measures were provided t o the City to be included into the Initial Study document. However, due to the nature and location of the Project site, further formal consultation was not requested by the San Manuel Band of Mission Indians. These mitigation measures are incorporated in this Initial Study under Section XVIII, Tribal Cultural Resources.
15. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement):
The following approvals would be required for the Project from outside public agencies:
From the Santa Ana Regional Water Quality Control Board (RWQCB), the following permits would be required
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 7 City of Moreno Valley o National Pollutant Discharge Elimination System (NPDES) Permit o Waste discharge requirements (WDR)
Approval of a Multiple Speci es Habitat Conservation Plan (MSHCP) Determination of Biologically Equivalent or Superior Preservation (DBESP) would be required from the Riverside Conservation Authority (RCA)
A 1602 Streambed Alteration Agreement would be required from the California Department of Fish and Wildlife (CDFW)
16. Other Technical Studies Referenced in this Initial Study (Provided as Appendices):
Appendix A. Air Quality, Greenhouse Gas, and Energy Analysis Appendix B. Biological Resources Assessment
Appendix C. Cultural Resources Assessment
Appendix D. Geotechnical and Infiltration Investigation Appendix E. Paleontological Resources Assessment
Appendix F. Phase I Environmental Assessment
Appendix G. Preliminary WQMP
Appendix H. Hydrology Report
Appendix I. Noise Impact Analysis
Appendix J. Traffic Scoping Agreement and VMT Memo
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17. Acronyms:
ADA - American with Disabilities Act
ALUC - Airport Land Use Commission
ALUCP - Airport Land Use Compatibility Plan
AQMP - Air Quality Management Plan
CEQA - California Environmental Quality Act
CIWMD - California Integrated Waste Management District CMP - Congestion Management Plan
DTSC - Department of Toxic Substance Control
DWR - Department of Water Resources
EIR - Environmental Impact Report
EMWD - Eastern Municipal Water District
EOP - Emergency Operations Plan
FEMA - Federal Emergency Management Agency
FMMP - Farmland Mapping and Monitoring Program
GIS - Geographic Information System
GHG - Greenhouse Gas
GP - General Plan
HCM Highway Capacity Manual
HOA - Home Owners’ Association
IS - Initial Study
LHMP - Local Hazard Mitigation Plan
LOS - Level of Service
LST - Localized Significance Threshold
MARB - March Air Reserve Base
MARB/IPA- March Air Reserve Base/Inland Port Airport
MSHCP - Multiple Species Habitat Conservation Plan
MVFP - Moreno Valley Fire Department
MVPD - Moreno Valley Police Department
MVUSD - Moreno Valley Unified School District
MWD - Metropolitan Water District
NCCP - Natural Communities Conservation Plan
NPDES - National Pollutant Discharge Elimination System OEM - Office of Emergency Services
OPR - Office of Planning & Research, State
PEIR - Program Environmental Impact Report
PW - Public Works
RCEH - Riverside County Environmental Health
RCFCWCD - Riverside County Flood Control & Water Conservation District RCP - Regional Comprehensive Plan
RCTC - Riverside County Transportation Commission
RCWMD - Riverside County Waste Management District
RTA - Riverside Transit Agency
RTIP - Regional Transportation Improvement Plan
RTP - Regional Transportation Plan
SAWPA - Santa Ana Watershed Project Authority
SCAG - Southern California Association of Governments
SCAQMD - South Coast Air Quality Management District
SCE - Southern California Edison
SCH - State Clearinghouse
SKRHCP - Stephens’ Kangaroo Rat Habitat Conservation Plan SWPPP - Storm Water Pollution Prevention Plan
SWRCB - State Water Resources Control Board
USFWS - United States Fish and Wildlife
USGS - United States Geologic Survey
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VVUSD - Valley Verde Unified School District
WQMP - Water Quality Management Plan
WRCOG - Western Riverside Council of Government
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 21 City of Moreno Valley ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Aesthetics Agriculture &
Forestry Resources Air Quality
Biological Resources Cultural Resources Energy
Geology & Soils Greenhouse Gas
Emissions Hazards & Hazardous
Materials
Hydrology &
Water Quality Land Use & Planning Mineral Resources
Noise Population & Housing Public Services
Recreation Transportation Tribal Cultural
Resources
Utilities &
Service Systems Wildfire Mandatory Findings of
Significance
DETERMINATION (To be completed by the Lead Agency):
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MI TIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation meas ures that are imposed upon the proposed project, nothing further is required.
Signature
9/30/2022
Date
Luis Lopez, Contract Planner
Printed Name
City of Moreno Valley
For
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1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a Lead Agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the i mpact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project wi ll not expose sensitive receptors to pollutants, based on a project - specific screening analysis).
2) All answers must take account of the whole action involved, including off -site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3) Once the Lead Agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required.
4) Less Than Significant with Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The Lead Agency must describe the m itigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, progra m EIR, or another CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the e arlier document and the extent to which they address site-specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. , general plans, zoning ordinances ). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources. A source list should be attached, and other sources used, or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected.
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 23 City of Moreno Valley 9) The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce t he impact to less than significance.
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ISSUES & SUPPORTING
INFORMATION SOURCES:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
I. AESTHETICS – Except as provided in Public Resources Code §21099 – Modernization of Transportation Analysis for Transit-Oriented Infill Projects – Would the project:
a) Have a substantial adverse effect on a scenic
vista?
Response:
Less than Significant. The City of Moreno Valley is relatively flat and surrounded by hills and mountains including the Box Springs Mountains, and Reche Canyon to the north, Badlands to the east, and Bernasconi Hills to the south. Map OSRC-3 of the City’s General Plan shows that view corridors within the City of Moreno Valley include views of the Box Springs Mountain to the north, Moreno Peak, and Bernasconi Hills to the south.
The Project site is vacant, yet disturbed land that is covered in various grasses and contains scattered ornamental trees. Chain -link fencing surrounds the Project site. The Project is not within a view corridor. Views within the Project area include Pettit Hill available to pedestrians and motorists along Oliver Street and the Bernasoni Hills along Brodiaea Avenue. The Project would be setback from Oliver Street and Brodiaea Avenue and would not encroach on public views of the surrounding hills.
The Project would result in the development of 67 single-family residences. The Project would include a 0.56-acre open space pedestrian trail, internal streets, two water quality basins, and landscaping. The Project would not alter any existing views of the surrounding hillsides or mountains. In addition, the Project would not alter any hillsides or existing scenic vistas within the City. Thus, impacts would be less than significant.
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a state
scenic highway?
Response:
No Impact. The Project site is vacant, yet disturbed land covered in various grasses and scattered ornamental trees. The Project site is not located near a State scenic highway The closest designated State scenic highway is State Route 243, traveling from Mountain Center to Banning, which is approximately 16.5 miles east of the Project site. The nearest eligible scenic highway is State Route 38, travelling from Redlands to Mentone, approximately 10.3 miles north of the Project site. Therefore, due to the distance of the Project site from either a designated or eligible state scenic highway, the Project would not damage scenic resources within a state scenic highway and there would be no impacts.
c) In non -urbanized areas, substantially degrade
the existing visual character or quality of public
views of the site and its surroundings? (Public
views are those that are experienced from
publicly accessible vantage point). If the project
is in an urbanized area, would the project
conflict with applicable zoning and other
regulations governing scenic quality?
Response:
Less than Significant. The following regulatory standards are applicable to development of the Project site, and would ensure the preservation of visual character and quality through architecture, landscaping, and site planning:
City of Moreno Valley Municipal Code
The following provisions from the Municipal Code are intended to minimize adverse aesthetic impacts associated with new development projects and are relevant to the Project.
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ISSUES & SUPPORTING
INFORMATION SOURCES:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Light and glare (9.10.110). Section 9.10.110 provides lighting standards for all zoning districts. The section requires that all lighting be designed to project downward and shall not create glare on adjacent properties.
Landscape and Irrigation Design Standards (9.17.030). Section 9.17.030 provides landscape design standards and requires the use of drought tolerant plants, while ensuring an aesthetically pleasing landscape.
Analysis
The Project would change the scenic quality of the site from a vacant, disturbed site to a developed site with 67 single-family units, internal streets, two water quality basins, a 0.56-acre open space pedestrian trail, and landscaping. The single-family residences would not exceed 25 feet in height.
The Project site is within an urbanized area that is mostly developed with single -family residences, commercial areas, schools, and churches. There is vacant land to the west of the site, a church is directly north, and single-family residences are to the south.
The Project would be consistent with applicable Municipal Code standards for the RS10 zoning district with the approval of a CUP for a PUD, as demonstrated below in Table AES-1.
Table AES-1: Residential Development Standards
Municipal Code Standard Project Consistency
Maximum Density –
Dwelling Units per
Acre (DU/Acre)
10 Consistent. The Project has a density
of 11.08 DU/ net acre. However, the
Project includes a CUP for a PUD
which would allow for flexibility in the
density.
Minimum Lot Size (SF
net area)
4,500 Consistent. The lot sizes for the
Project would consist of 3600 SF lots.
However, a PUD will allow flexibility and
be reviewed by the City for the Project.
Minimum lot width, in
feet
45 ft Consistent. The Project’s minimum lot
width is 40 feet. However, a PUD will
be reviewed by the City to allow for
flexibility.
Cul-de-sac/knuckle lot
frontage
45 ft
Minimum Lot Depth, in
feet
85 ft Consistent. The Project’s minimum lot
depth would be 90 feet.
Minimum Front Yard
Setback
20 ft Consistent. The Project would include
18 feet 1st story and 16 feet 2nd story
front yard setbacks. However, a PUD
would allow flexibility and be reviewed
by the City.
Front-facing Garages 10 ft Consistent. The Project would exceed the 10 ft minimum and include 18 ft
front-facing garages.
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ISSUES & SUPPORTING
INFORMATION SOURCES:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Buildings Other Than
Front-facing Garages
10 ft Consistent. The Project would include
16 ft setbacks for buildings other than
front-facing garages..
Minimum Side Yard
Setback in feet
The interior side
setback shall be five
feet, except in the case
of zero lot line
developments with
houses placed on an
interior side lot line.
When a house is
placed on an interior
side lot line, the other
minimum side yard
setback shall be ten
(10) feet. Where
applicable, an
easement at least five
feet in width shall be
provided along the
common lot line.
Consistent. The interior side yard
would be 4 ft. However, a PUD would
be included and reviewed by the City to
allow for flexibility.
Minimum Street Side
Yard
10 ft Consistent. The Project would include
6 ft minimum street side yards.
However, a PUD would allow flexibility
and be reviewed by the City.
Minimum Rear Yard
Setback, in feet
30 ft Consistent. The Project would include
10 ft minimum rear yard setbacks.
However, a PUD would allow flexibility
and be reviewed by the City.
Maximum Lot
Coverage
50% Consistent. The Project would have a
maximum lot coverage of 50%.
Maximum Building and
Structure Height, in
feet
Two stories not to
exceed 35 feet.
Consistent. The proposed two-story
residences would range from 30-35 feet
in height.
Minimum Dwelling Size
(sq. ft.)
1000 Consistent. The proposed residences
would be 3-5 bedrooms and would
exceed the minimum dwelling size.
Minimum distance
between buildings, in
feet (including main
DUs and accessory
structures)
10 ft Consistent. The proposed Project
would have a minimum distance of 9 ft.
However, a PUD would allow flexibility
and be reviewed by the City.
Floor Area Ratio
a. One-story
home
b. Multi-story
home
a. .50
b. .75
Consistent. The Floor Area Ratio
would be consistent with the City
standard.
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ISSUES & SUPPORTING
INFORMATION SOURCES:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
As discussed above, in Tables AES-1, the Project would include a CUP for a PUD that would allow flexibility in the design standards. Thus, the Project would not conflict with the regulations regarding aesthetics and scenic quality in the Moreno Valley Municipal Code. The new single- family residences would be setback from the adjacent streets and would not encroach into the existing public long-distance views. Trees and landscaping would be installed pursuant to the City’s standard requirements for landscaping . As a result, the Project would not result in the creation of an aesthetically offensive site open to public view. Therefore, while the Project would change the visual character of the site, it would not substantially degrade the existing visual character or quality of its surroundings. Impacts would be less than significant.
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime
views in the area?
Response:
Less than Significant. The Project site is undeveloped and does not contain lighting sources.
However, the Project is surrounded by sources of nighttime lighting that include illumination from vehicle headlights, offsite exterior residential lighting, and interior illumination passing through windows of nearby homes. The Project proposes to develop 67 single -family residences on an 8.77 gross acre lot, which would result in a density of 7.63 dwelling units per net acre. The Project is located in a mostly developed area that is zoned for resi dential development. The Project would include installation of new lighting sources including security lighting, exterior residential lighting, and interior lighting. In addition, the Project would result in additional vehicular trips after sunset, which would increase lighting in the street corridor and may intermittently add lighting to existing residences . However, the lighting from vehicle headlights is focused on a downward trajectory and would be intermittent and for a short period of time; therefore, impacts related to vehicle headlights would be less than significant.
Implementation of existing regulatory requirements per the City’s Municipal Code Section
9.10.110 (Light and Glare), including regulations for outdoor lighting , would occur during the City’s permitting process and would ensure that impacts related to light and glare are less than significant. The Project would create limited new sources of light or glare from security and site lighting but would not adversely affect day or nighttime views in the area given the similarity of the existing lighting in the surrounding urban environment.
However, during Project construction, nighttime lighting may be used within the construction staging areas to provide security for construction equipment. Due to the distance between the construction area and the adjacent residences and motorists on adjacent roadways, such security lights may result in glare to residents and motorists. However, this potential impact would be reduced to a less than significant level through the City’s standard project review and approval process. As such, impacts related to light and glare would be less than significant.
Plans, Programs, or Policies (PPPs)
None.
Project Design Features (PDFs)
None.
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ISSUES & SUPPORTING
INFORMATION SOURCES:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Mitigation Measures
None.
Sources:
1. City of Moreno Valley General Plan 2040, adopted June 15, 2021 • Chapter 10 – Open Space & Resource Conservation
• Scenic Resources and Cultural Heritage
- Map OSRC-3: Scenic Resources and Ridgelines
2. Final Environmental Impact Report for the MoVal 2040 : Moreno Valley Comprehensive Plan Update, Housing Element Update, and Climate Action Plan certified May 27, 2021 • Section 4.1 – Aesthetics
3. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code • Section 9.10.110 – Light and Glare of the Moreno Valley Municipal Code. • Chapter 9.16 – Design Guidelines
• Section 9.17.030 G – Heritage Trees
4. California State Scenic Highway System Map, California Department of Transportation.
Accessed from:
https://www.arcgis.com/apps/webappviewer/index.html?id=2e921695c43643b1aaf7000dfcc19 983
II. AGRICULTURE AND FOREST RESOURCES – In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an o ptional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Depar tment of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest protocols adopted by the California Air Resources Board.
Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to non -
agricultural use?
Response:
Less than Significant Impact. The California Department of Conservation Farmland Mapping and Monitoring Program identif ies the site as Farmland of Local Importance. The site is not identified as Prime, Unique, or Farmland of Statewide Importance (CDC 2021). According to the City’s General Plan, Farmland of Local importance include s lands producing major crops for Riverside County that are not listed as unique crops, lands planted for dryland crops, and/or taken out of production for development. Therefore, conversion of such farmland designations would not occur from implementation of the Project. Thus, impacts would be le ss than significant.
b) Conflict with existing zoning for agricultural use,
or a Williamson Act contract?
Response:
No Impact. The Project site is currently zoned Residential up to 5 units per dwelling acre (R5), which does not provide for agricultural uses. The Project site includes a zone change to Residential Single-Family 10 District (RS10) which would not provide for agricultural uses), The Project site does not include existing agricultural uses In addition, the site is not subject to a F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 29 City of Moreno Valley
ISSUES & SUPPORTING
INFORMATION SOURCES:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Williamson Act contract. Thus, the Project would not result in impacts related to conflict with an existing agricultural zone or Williamson contract, and impacts would not occur.
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)) , timberland
(as defined by Public Resources Code section
4526), or timberland zoned Timberland
Production (as defined by Government Code
section 51104(g))?
Response:
No Impact. The Project site currently consists of vacant and disturbed land that is sparsely vegetated with trees and grasses. No forest land exists on or adjacent to the project site, as the surrounding area is either almost entirely vacant and disturbed land, developed with a church, or residential neighborhoods. The Project site is currently zoned Residential up to 5 units per dwelling acre (R5), which does not provide for forest land or timberland uses. Thus, the Project would not result in impacts related to a conflict with existing forest land or timberland zoning, and impacts would not occur.
d) Result in the loss of forest land or conversion of
forest land to non-forest use?
Response:
No Impact. No forest land exists on or adjacent to the Project site. The surrounding area is either almost entirely vacant and disturbed land, a church, or residential neighborhoods. The Project site is currently zoned Residential up to 5 units per dwelling acre (R5), which does not provide for forest uses. Thus, the Project would not result in impacts related to a conflict with existing forest land, and impacts would not occur.
e) Involve other changes in the existing
environment which, due to their location or
nature, could result in the conversion of
Farmland, to non-agricultural use or conversion
of forest land to non-forest use?
Response:
No Impact. As described above, the Project site is a vacant disturbed site with sparse trees and grasses . No forest land or agricultural uses exist on or adjacent to the Project site.
Therefore, implementation of the Project would not involve other changes in the existing environment which would result in the conversion of farmland to a non -agricultural use or the conversion of forest land to a non-forest use. Therefore, no impacts would occur.
Plans, Programs, or Policies (PPPs)
None.
Project Design Features
None.
Mitigation Measures
None.
Sources:
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 30 City of Moreno Valley
ISSUES & SUPPORTING
INFORMATION SOURCES:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
1. City of Moreno Valley General Plan 2040, adopted June 15, 2021
2. Final Environmental Impact Report for the MoVal 2040: Moreno Valley Comprehensive Plan Update, Housing Element Update, and Climate Action Plan certified May 27, 2021
3. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code
4. California Important Farmland Finder. California Department of Conservation. Accessed from:
https://maps.conservation.ca.gov/DLRP/CIFF/
III. AIR QUALITY – Where available, the significance criteria e stablished by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
Response:
Less than Significant. The Project site is within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The current Air Quality Management Plan ( AQMP) is the 2016 AQMP, adopted in March 2017. Criteria for determining consistency with the AQMP are defined in Chapter 12, Sections 12.2 and 12.3 of the SCAQMD’s CEQA Air Quality Handbook (1993). An Air Quality, Energy, and Greenhouse Gas Impact Analysis, dated August 2021, was prepared for the Project. The AQIA determined that the Project would be consistent with the AQMP because it would not result in or cause California Ambient Air Quality Standards (CAAQS) or National Ambient Air Quality Standards (NAAQS) violations. Additionally, as substantiated by the Air Quality, Energy, and Greenhouse Gas Impact Analysis (Appendix A herein), construction of the single-family residences would not exceed the applicable SCAQMD regional or local thresholds . The Project would include a general plan amendment and zone change to change the land use designation from R5 which allows for 44 residences to R10 and zone change to Residential Single-Family 10 District (RS10) which exceeds the proposed 67 residences and allows for a maximum of 88 residences. The limited level of growth and intensification in an area designated for single-family residential would not exceed Southern California Association of Governments (SCAG) growth projections. Thus, impacts would be less than significant.
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non -attainment under an
applicable federal or state ambient air quality
standard?
Response:
Less than Significant. The South Coast Air Basin (SCAB), where the Project is located and which is under SCAQMD jurisdiction, is in a non-attainment status for federal and state ozone standards and state and federal particulate matter standards. Any development in the Basin, including the Project, could cumulatively contribute to these pollutant violations. Evaluation of cumulative air quality impacts of the Project has been completed pursuant to SCAQMD’s cumulative air quality impact methodology, SCAQMD states that if an individual project results in air emissions of criteria pollutants (ROG, CO, NOx, SOx, PM 10, and PM2.5) that exceed the SCAQMD’s recommended daily thresholds for project-specific impacts, then it would also result in a cumulative ly considerable net increase of the criteria pollutant(s) for which the project region is in non -attainment under an applicable federal or state ambient air quality standard.
The methodologies from the SCAQMD CEQA Air Quality Handbook are used in evaluatin g Project impacts. SCAQMD has established daily mass thresholds for regional pollutant emissions, which are shown in Table AQ-1.
Table AQ-1: SCAQMD Regional Daily Emissions Thresholds
Pollutant Emissions (pounds/day)
VOC NOx CO SOx PM10 PM2.5 Lead
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 31 City of Moreno Valley
ISSUES & SUPPORTING
INFORMATION SOURCES:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Construction 75 100 550 150 150 55 3
Operation 55 55 550 150 150 55 3
Source: Air Quality, GHG, Energy Report (Appendix A)
Construction
Construction activities associated with the Project would generate pollutant emissions from the following: ( 1) site preparation, ( 2) grading, ( 3) building construction, ( 4) paving, and ( 5) architectural coating. The amount of emissions generated on a daily basis would vary, depending on the intensity and types of construction activities occurring.
It is mandatory for all construction Projects to comply with several SCAQMD Rules, including Rule 403 for controlling fugitive dust, PM 10, and PM 2.5 emissions from construction activities.
Rule 403 requirements include, but are not limited to, applying water in sufficient quantities to prevent the generation of visible dust plumes, applying soil binders to uncovered areas, reestablishing ground cover as quickly as possible, utilizing a wheel washing system to remove bulk material from tires and vehicle undercarriages before vehicles exit the Project site, covering all trucks hauling soil with a fa bric cover and maintaining a freeboard height of 12 - inches, and maintaining effective cover over exposed areas.
Compliance with Rule 403 , included as PPP AQ -1, was accounted for in the construction emissions modeling. In addition, implementation of SCAQMD Rule 1113, included as PPP AQ- 2, which governs the VOC content in architectural coating, paint, thinners, and solvents was accounted for in construction emissions modeling. As shown in Table AQ -2, the CalEEMod results indicate that construction emissions generated by the Project would not exceed SCAQMD regional thresholds. Therefore, construction activities would result in a less than significant impact.
Table AQ-2: Project Construction Emissions and Regional Thresholds Pollutant Emissions (pounds/day)
Activity VOC NOx CO SO2 PM10
PM2.
5 Site Preparation (Year 2022)1
Onsite2 3.17 33.08 19.70 0.04 9.28 5.42
Offsite3 0.08 0.32 0.81 <0.00 0.24 0.07
Total 3.25 33.40 20.50 0.04 9.52 5.49
Grading (Year 2022)1
Onsite2 1.95 20.86 15.27 0.03 3.70 2.20
Offsite3 0.07 0.31 0.69 <0.00 0.21 0.06
Total 2.02 21.16 15.96 0.03 3.91 2.26
Building Construction (Year
2022)
Onsite 1.71 15.62 16.36 0.03 0.81 0.76
Offsite 0.40 1.71 4.03 0.02 1.23 0.35
Total 2.11 17.32 20.40 0.04 2.04 1.11
Combined Year 2023 Building Construction, Paving, and Architectural Coatings
Onsite 46.51 25.88 32.64 0.05 1.28 1.20
Offsite 0.48 1.43 4.92 0.02 1.59 0.44
Total 46.99 27.31 37.56 0.07 2.87 1.63
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 32 City of Moreno Valley
ISSUES & SUPPORTING
INFORMATION SOURCES:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Maximum Daily Construction
Emissions 46.99 33.40 37.56 0.07 9.52 5.49
SCQAMD Thresholds 75 100 550 150 150 55
Exceeds Threshold?
No No No No No No
Notes:
1 Site Preparation and Grading based on adherence to fugitive dust suppression requirements from SCAQMD Rule 403.
2 Onsite emissions from equipment not operated on public roads. 3 Offsite emissions from vehicles operating on public roads.
Source: Vista Environmental, 2021 (Appendix A)
Operation
Implementation Project would result in a long -term increase in air quality emissions from ongoing operation. This increase would be due to emissions from the Project-generated vehicle trips, emissions from energy usage, onsite area source emissions, and off -road equipment created from the on-going use of the Project. Operational emissions associated with the Project were modeled using CalEEMod and are presented in Table AQ-3. Project Design Features AQ- 1 through AQ-3, as described below, were included in the modeling and would be implemented as part of the Project desi gn, consistent with the requirements of the Moreno Valley 2021 Climate Action Plan. As shown, the Project would result in long -term regional emissions of criteria pollutants, however, these emissions would be below the SCAQMD’s applicable thresholds. Therefore, the Project’s operational emissions would not exceed the NAAQS and CAAQS, would not result in a cumulatively considerable net increase of any criteria pollutant, and impacts would be less than significant.
Table AQ-3: Operational Regional Criteria Pollutant Emissions Pollutant Emissions (pounds/day)
Activity VOC NOx CO SO2 PM10 PM2.5
Area Sources1 3.08 0.06 5.53 <0.00 0.31 0.31
Energy Usage2 0.05 0.45 0.19 <0.00 0.04 0.04
Mobile Sources3 1.81 2.28 15.91 0.04 3.62 0.98
Total Emissions 4.94 2.79 21.63 0.04 3.96 1.33
SCQAMD Operational
Thresholds 55 55 550 150 150 55
Exceeds Threshold? No No No No No No
Notes:
1 Area sources consist of emissions from consumer products, architectural coatings, and landscaping equipment. 2 Energy usage consist of emissions from natural gas usage. 3 Mobile sources consist of emissions from vehicles and road dust.
Source: Vista Environmental, 2021 (Appendix A)
c) Expose sensitive receptors to substantial
pollutant concentrations?
Response:
Less than Significant. The SCAQMD’s Final Localized Significance Threshold Methodology (SCAQMD 2008) recommends the evaluation of localized NO 2, CO, PM 10, and PM 2.5 construction-related impacts to sensitive receptors in the immediate vicinity of the Project site.
Such an evaluation is referred to as a localized significance threshold (LST) analysis. According to the SCAQMD’s Final Localized Significance Threshold Methodology , “off-site mobile emissions from the Project should not be included in the emissions compared to the LSTs” (SCAQMD 2008). SCAQMD has developed LSTs that represent the maximum emissions from a project that are not expected to cause or contribute to an exceed ance of the most stringent applicable federal or state ambient air quality standards, and thus would not cause or contribute to localized air quality impacts. LSTs are developed based on the ambient concentrations of F.2.b
Packet Pg. 370
Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 33 City of Moreno Valley
ISSUES & SUPPORTING
INFORMATION SOURCES:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
NOx, CO, PM 10, and PM 2.5 pollutants for each of the 38 source receptor areas (SRAs) in the Basin. The City of Moreno Valley is located within SRA 24, Perris Valley.
Sensitive receptors can include residences, schools, playgrounds, childcare centers, athletic facilities. For the purpose of LST analysis, the nearest sensitive receptor is the church located approximately 65 feet north of the Project site. The LST Methodology explicitly states that “It is possible that a project may have receptors closer than 25 meters. Projects with boundaries located closer than 25 meters (82 feet) to the nearest receptor should use the LSTs for receptors located at 25 meters.” As the existing church is located less than 25 meters from the Project site, the 25-meter receptor distance is used for evaluation of localized impacts.
Construction
Construction of the Project may expose nearby residential sensitive receptors to airborne particulates as well as a small quantity of construction equipment pollutants (i.e., usually diesel- fueled vehicles and equipment). However, construction contractors would be required to implement measures to reduce or eliminate emissions by following SCAQMD’s standard construction practices Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from c reating a nuisance off site. Rule 403 requires that fugitive dust be controlled with best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. As shown in Table AQ -4, Project construction -source emissions would not exceed SCAQMD LSTs and impacts would be less than significant.
Table AQ-4: Construction-Related Local Criteria Pollutant Emissions Pollutant Emissions (pounds/day)1
Construction Phase NOx CO PM10 PM2.5
Site Preparation2 33.12 19.80 9.31 5.43
Grading2 20.89 15.36 3.73 2.21
Building Construction (Year 2022) 15.83 16.87 0.96 0.80 Combined Building Construction (Year 2023),
Paving and Architectural Coatings 27.33 33.41 1.59 1.36 Maximum Daily Construction Emissions 33.12 33.41 9.31 5.43 SCAQMD Local Construction Thresholds3 270 1,577 13 8
Exceeds Threshold? No No No No
Notes:
1 The Pollutant Emissions include 100% of the On-Site emissions (off-road equipment and fugitive dust) and 1/8 of the Off-Site emissions (on road trucks and worker vehicles), in order to account for the on-road emissions that occur within a ¼ mile of the project site.
2 Site Preparation and Grading phases based on adherence to fugitive dust suppression requirements from SCAQMD Rule 403.
3 The nearest offsite sensitive receptor to the project site is a church located 65 feet (20 meters) north of the project site.
According to SCAQMD methodology, all receptors closer than 25 meters are based on the 25-meter threshold.
Source: Vista Environmental, 2021 (Appendix A)
Operation
Operation of the Project would include emissions from vehicles traveling to the Project site. As demonstrated in Table AQ-5, emissions would not exceed SCAQMD LSTs for operations, and impacts would be less than significant.
Table AQ-5: Operations-Related Local Criteria Pollutant Emissions Pollutant Emissions (pounds/day)
Onsite Emission Source NOx CO PM10 PM2.5
F.2.b
Packet Pg. 371
Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 34 City of Moreno Valley
ISSUES & SUPPORTING
INFORMATION SOURCES:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Area Sources 0.06 5.53 0.31 0.31
Energy Usage 0.45 0.19 0.04 0.04
Mobile Sources1 0.06 0.40 0.09 0.02
Total Emissions 0.57 6.11 0.43 0.37
SCAQMD Local Operational Thresholds2 270 1,577 4 2
Exceeds Threshold? No No No No
Notes:
1 Mobile sources based on 1/8 of the gross vehicular emissions, which is the estimated portion of vehicle emissions occurring within a quarter mile of the project site.
2 The nearest sensitive receptor to the project site is a church located 65 feet (20 meters) north of the project site. According to SCAQMD methodology, all receptors closer than 25 meters are based on the 25-meter threshold.
Source: Vista Environmental, 2021 (Appendix A)
d) Result in other emissions (such as those leading
to odors adversely affecting a substantial
number of people?
Response:
Less than Significant. The Project does not contain land uses typically associated with emitting objectionable odors. Potential odor sources associated with the Project may result from construction equipment exhaust and the application of asphalt and architectural coatings during construction activities. During operations, potential odor sources include odors from trash storage areas.
Standard construction requirements would minimize odor impacts from construction. The construction odor emissions would be temporary, short -term, and intermittent in nature and would cease upon completion of the respective phase of construction and is thus considered less than significant. Standard construction requirements that limit the time of day when construction may occur, as well as SCAQMD Rule 1108 that limits VOC content in asphalt and Rule 1113 that limits the VOC content in paints and solvents, would minimize odor impacts from construction. As such, the objectionable odors that may be produced during the construction process would be tem porary and would not likely be noticeable for extended periods of time beyond the Project site’s boundaries. Pursuant to City regulations, permanent trash enclosures that protect trash bins from rain as well as limit air circulation would be required for t he trash storage areas. Due to the distance of the nearest receptors from the Project site and through compliance with SCAQMD’s Rule 402 and City trash storage regulations, no significant impact related to odors would occur during the on -going operations of the Project. Therefore, odor impacts associated with the Project’s construction and operations would less than significant.
Plans, Programs, or Policies (PPPs)
PPP AQ-1: Rule 403. All applicable measures included in Rule 403, shall be incorporated into Project plans and specifications as implementation of Rule 403, which include but are not limited to (1):
All clearing, grading, earth -moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions. The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are limited to 15 miles per hour or less.
The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day, preferably in the mid-morning, afternoon, and after work is done for the day.
F.2.b
Packet Pg. 372
Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 35 City of Moreno Valley
ISSUES & SUPPORTING
INFORMATION SOURCES:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
PPP AQ-2 Rule 1108. All asphalt used during construction and operation shall comply with Rules 1108 and 1108.1:
VOC contents of asphalt shall be limited and regulated during construction and any on- going maintenance.
PPP AQ-2: Rule 1113. The following measures shall be incorporated into Project plans and specifications as implementation of SCAQMD Rule 1113 (2):
Only “Low-Volatile Organic Compounds (VOC)” paints (no more than 50 gram/liter of VOC) consistent with SCAQMD Rule 1113 shall be used.
Project Design Features (PDFs)
PDF AQ-1: The Project applicant shall prepare a trip reduction program that will include preparing a packet that details nearby bus stops and bus routes, bike routes, and walkways, which shall be provided to everyone that purchases a home in this development.
PDF AQ-2: Prior to start of construction activities for the proposed Project, the Project applicant shall install clear signage on the project site that reminds construction workers to limit idling.
PDF AQ-3: The Project applicant shall also encourage construction workers to use alternative powered vehicles and equipment
PDF AQ-4: The Project applicant shall install interior real -time energy smart meters into the proposed homes that are in line with Moreno Valley Utilities efforts.
Mitigation Measures
None.
Sources:
1. Moreno Valley General Plan, adopted June 15, 2021
• Chapter 4 – Circulation Element
• Chapter 6 – Safety Element
2. Final Environmental Impact Report City of Moreno Valley General Plan, certified May 20, 2021 • Section 4.3 – Air Quality
• Appendix B – Air Quality Output
3. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code • Section 9.10.050 – Air Quality of the Moreno Valley Municipal Code • Section 9.10.150 – Odors of the Moreno Valley Municipal Code • Section 9.10.170 – Vibration of the Moreno Valley Municipal Code
4. Moreno Valley Municipal Code Section 12.50.040 – Limitations on Engine Idling
5. Air Quality, Energy, and Greenhouse Gas Impact Analysis, Vista Environmental, October 2021, Appendix A.
IV. BIOLOGICAL RESOURCES – Would the project:
a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special
status species in local or regional plans,
policies, or regulations, or by the California
F.2.b
Packet Pg. 373
Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 36 City of Moreno Valley
ISSUES & SUPPORTING
INFORMATION SOURCES:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Department of Fish and Game or U.S. Fish and
Wildlife Service?
Response:
Less than Significant with Mitigation. A Biological Resources Assessment was prepared for the Project, which included a field survey conducted on July 30, 2021 (Appendix B to this IS/MND). The Biological Resources Assessment describes that the Project site consists of vacant, disturbed lands wi th evidence of frequent tilling for weed management . The site consists of ruderal habitat dominated by non -native vegetation with sparse patches of willow scrub habitat. A non-continuous ephemeral stream was found onsite that generally flows north to southeast across the northeast corner of the site. According to the California Natural Diversity Database (CNDDB), a total of 55 sensitive species of plants and 63 sensitive species of animals have the potential to occur on or within the vicinity of the Project area. These include those species listed or candidates for listing by the U. S. Fish and Wildlife Service (USFWS), California Department of Fish and Wildlife (CDFW) and California Native Plant Society (CNPS).
All habitats with the potential to be used by sensitive species were evaluated during the field survey for their presence or potential presence.
Sensitive Plant Species
A total of 18 plant species are listed as state and/or federal Threatened, Endangered, or Candidate species; are required to be reviewed under the Narrow Endemic Plant section of the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP); are 1B.1 listed plants on the CNPS Rare Plant Inventory; or have been found to have a potential to exi st within the Project region. Table Bio -1 shows survey results for listed and potential plant species and demonstrates that no sensitive plant species are present at the Project site.
Table Bio-1: Potentially Occurring Plant Species
Plant Species Presence
Chaparral Sand-Verbena Not Present
Munz’s Onion Not Present
Marsh Sandwort Not Present
Horn’s Milk-Vetch Not Present
Jaeger’s Milk-Vetch Not Present
San Jacinto Valley
Crownscale
Not Present
Parish’s Brittlescale Not Present
Nevin’s Barberry Not Present
Thread-Leaved Brodiaea Not Present
Smooth Tarplant Not Present
Salt Marsh Bird’s-Beak Not Present
Parry’s Spineflower Not Present
Slender-horned Spineflower Not Present
Santa Ana River Woollystar Not Present
Mesa Horkelia Not Present
Coulter’s Goldfields Not Present
Gambel’s Water Cress Not Present
Spreading Navarretia Not Present
Sensitive Animal Species
Based on the CNDDB, a total of 1 8 animal species that are listed as state or federally Threatened, Endangered, or Candidate have the potential to occur within the Project region.
F.2.b
Packet Pg. 374
Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 37 City of Moreno Valley
ISSUES & SUPPORTING
INFORMATION SOURCES:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
However, Table Bio -2 shows survey results for listed and potential animal species, which demonstrates that no sensitive species are present at the Project site.
Table Bio-2: Potentially Occurring Animal Species
Animal Species Presence
Tricolored Blackbird Not Present
Burrowing Owl No suitable habitat; species not present
Crotch Bumble Bee Not Present
Swainson’s Hawk Not Present
Santa Ana Sucker Not Present
Western Yellow-Billed
Cuckoo
Not Present
San Bernardino Kangaroo
Rat
Not Present
Stephen’s Kangaroo Rat Not Present
Southwestern Willow
Flycatcher
Not Present
Quino Checkerspot
Butterfly
Not Present
Bald Eagle Not Present
California Black Rail Not Present
Steelhead-southern
California DPS
Not Present
Coastal California
Gnatcatcher
Not Present
Southern Mountain Yellow-
legged Frog
Not Present
Delhi Sands Flower-loving
Fly
Not present
Riverside Fairy Shrimp Not Present
Least Bell’s Vireo Not Present
Source: Biological Resources Assessment, Appendix B
The Biological Resources Assessment determined that the Project site does not provide suitable habitat for any special‐status plant or wildlife species due to the disturbed status of the site.
The existing trees on the site have the potential to provide habitat for nesting migratory birds.
Many of these trees would be removed during construction. Therefore, the Project ha s the potential to impact active bird nests if vegetation and trees are removed during the nesting season. Nesting birds are protected under the federal Migratory Bird Treaty Act (MBTA) (United States Code Title 33, Section 703 et seq.; see also Code of Federal Regulations Title 50, Part 10) and Section 3503 of the California Fish and Game Code. Any activities that occur during the nesting/breeding season of birds protected by the MBTA could result in a potentially significant impact if requirements of the MBTA are not followed. However, implementation of mitigation measure MM BIO-1 would ensure MBTA compliance and would require a nesting bird survey to be conducted prior to the commencement of construction during nesting season, which would reduce potential impacts related to nesting avian species and native wildlife nursery sites to a less than significant level.
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
F.2.b
Packet Pg. 375
Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 38 City of Moreno Valley
ISSUES & SUPPORTING
INFORMATION SOURCES:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
identified in local or regional plans, policies,
regulations or by the California Department of
Fish and Game or U.S. Fish and Wildlife
Service?
Response:
Less than Significant with Mitigation. Riparian habitats are those occurring along the banks of rivers and streams. Sensitive natural communities are natural communities that are considered rare in the region by regulatory agencies, known to provide habitat for sensitive animal or plant species, or known to be important wildlife corridors.
As described above, the Project site consists of vacant, disturbed lands with evidence of frequent tilling for weed management . The site consists of ruderal habitat dominated by non - native vegetation with sparse patches of willow scrub habitat. However, the Project site contains approximately 0.086 acre of willow scrub habitat and 0.29 acre of ephemeral stream that would be considered riparian/riverine areas as defined in Section 6.1.2 of the Western Riverside County MSHCP. While the onsite ephemeral drainage feature and associated willow scrub riparian habitat meet the definition of a riparian/riverine area according to the MSHCP, the drainage and sparse patches of willow scrub habitat do not support suitable riparian habitat with the potential to support riparian/riverine bird species and none of the bird species were found onsite.
As the Project would result in impacts to approximately 0. 346 acre of riparian/riverine resources, including 0. 086 acre of willow scrub habitat and 0.29 acre of ephemeral stream , offsite mitigation would be provided at a 2:1 ratio , as required by MM BIO -2. In addition, a MSHCP Determination of Biologically Equivalent or Superior Preservation (DBESP) will be prepared for impacts to 0.346 acre of riverine resources. Thus, with implementation of MM BIO- 2, impacts would be less than significant.
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?
Response:
No Impact. As discussed in the Biological Assessment (Appendix B), no vernal pools, swales, or vernal pool mimics were found on site. In addition, the site does not contain areas that show signs of ponding water, hydrophytic vegetation, or soils typical of vernal pools that would be suitable for large branchiopods. The Project site does not contain wetlands as defined by the 1987 Corps of Engineers Wetland Delineation Manual. Therefore, no direct removal, filling, or hydrological interruption of a wetland area would occur with development of the Project site. As such, no impacts would occur.
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife
species or with an established native resident or
migratory wildlife corridors, or impede the use of
native wildlife nursery sites?
Response:
Less than Significant with Mitigation. The Project site does not contain any wildlife movement corridors. In addition, the Project site is surrounded by chain-link fencing and adjacent to vacant lots and developed areas in a predominantly urbanized area. Therefore, no impact to wildlife corridors would occur.
F.2.b
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ISSUES & SUPPORTING
INFORMATION SOURCES:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
The existing trees on the site have the potential to provide habitat for nesting migratory birds.
Many of these trees would be removed during construction. Therefore, the Project has the potential to impact active bird nests if vege tation and trees are removed during the nesting season. Nesting birds are protected under the MBTA (United States Code Title 33, Section 703 et seq.; see also Code of Federal Regulations Title 50, Part 10) and Section 3503 of the California Fish and Game C ode. Any activities that occur during the nesting/breeding season of birds protected by the MBTA, could result in a potentially significant impact if requirements of the MBTA are not followed. Implementation of mitigation measure MM BIO-1 would ensure MBTA compliance and would require a nesting bird survey to be conducted prior to the commencement of construction during nesting season, which would reduce potential impacts related to nesting avian species and native wildlife nursery sites to a less than significant level.
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
Response:
Less than Significant with Mitigation . The Project would be required to pay applicable MSHCP fees pursuant to Moreno Valley Municipal Code Chapter 3.48. The Project would pay fees pursuant to Chapter 3.48 of the Municipal Code, which would be ensured through the City development review and buil ding plan check process. Additionally, the Project would be required to comply with the City’s tree preservation ordinance, included under Chapter 9.17, Landscape and Water Efficiency Requirements, which requires projects “ necessitating the removal of existing trees with four-inch or greater trunk diameters (calipers), shall be replaced at a three to one ratio, with minimum twenty-four (24) inch box size trees of the same species, or a minimum thirty-six (36) inch box for a one to one replacement, where approved.” An arborist will be retained to identify which trees subject to replacement. Trees were evaluated onsite as included in Appendix K. Trees would be replaced in accordance with City standards established under Chapter 9.17 (MM BIO-4). As such, the proposed Project would not conflict with any local policies protecting biological resources, including trees, and impacts would be less than significant.
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural Community
Conservation Plan, or another approved local ,
regional, or state habitat conservation plan?
Response:
Less than Significant with Mitigation . The Project area is located within the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP). The Project site is not located within a Criteria Cell or Cell Group. Table Bio-3, below, demonstrates Project consistency with the requirements of the MSHCP.
Table Bio-3: MSHCP Consistency Analysis
MSHCP Requirement Project Consistency
Section 6.1.2 Species Associated with
Riparian/Riverine Habitat and Vernal Pools
Consistent. The Project contains
approximately 0. 346 acre of areas that would
be considered riparian -riverine areas , as
defined in Section 6.1.2 of the Western
Riverside County MSHCP. However, the
drainage and sparse patches of willow scrub
habitat do not support suitable riparian habitat
with the potential to support riparian/riverine
bird species. In addition, none of the
F.2.b
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ISSUES & SUPPORTING
INFORMATION SOURCES:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
riparian/riverine species listed in Section 6.1.2
of the MSHCP were found wi thin the Project
site. A MSHCP Determination of Biologically
Equivalent or Superior Preservation (DBESP)
would be prepared for impacts to 0.346 acre of
riverine resources. No vernal pools, swales, or
vernal pool mimics such as ditches, borrow pits,
cattle troughs, or cement culverts with signs of
pooling water were found on the site. In
addition, the site does not contain areas that
showed signs of ponding water, hydrophytic
vegetation, or soils typical of vernal pools that
would be suitable for large branchiopods
Section 6.1.3 Sensitive Plant Species The Project site is not located within the Western Riverside County MSHCP Narrow
Endemic Plant Species Survey Area (NEPSSA)
pursuant to Section 6.1.3 of the MSHCP.
Therefore, the NEPSSA requirements are not
applicable to the Project.
Section 6.1.4 Urban/Wildlands Interface
Guidelines
The Project site is not located within or adjacent
to a Western Riverside County MSHCP
Conservation Area; therefore, the Project site is
not required to address Section 6.1.4 of the
Western Riverside County MSHCP.
Section 6.3.2 Additional Surveys and Procedures The Project site is not located within the Western Riverside County MSHCP Additional
survey areas for amphibians, mammals, or any
special linkage areas. In addition, the Project
site is not located within the Western Riverside
County MSHCP Criteria Area Plant Species
Survey Area (CAPSSA) pursuant to Section
6.3.2 of the Western Riverside County MSHCP.
Source: Biological Resources Assessment, Appendix B.
As shown in the preceding table, the Project would be consistent with the MSHCP, and therefore, would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Impacts would be less than significant with implementation of MM BIO-1 through MM BIO-3.
Plans, Programs, or Policies (PPPs)
None.
Project Design Features (PDFs)
None.
Mitigation Measures
MM BIO-1: Nesting Bird Survey. Prior to ground disturbances and construction activities, including vegetation removal, the Project Applicant shall ensure that impacts to nesting bird F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 41 City of Moreno Valley
ISSUES & SUPPORTING
INFORMATION SOURCES:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
species at the Project site are avoided through the implementation of pre-construction surveys, ongoing monitoring, and if necessary, establishment of minimization measures. The Project Application shall adhere to the following:
1. Applicant shall designate a biologist (Designated Biologist) experienced in : identifying local and migratory bird species of special concern; con ducting bird surveys using appropriate survey methodology; nesting surveying techniques, recognizing breeding and nesting behaviors, locating nests and breeding territories, and identifying nesting stages and nest success; determining/establishing appropri ate avoidance and minimization measures; and monitoring the efficacy of implemented avoidance and minimization measures.
2. A pre-activity field survey shall be conducted by the Designated Biologist prior to the issuance of grading permits for, to determine if active nests of species protected by the MBTA or the California Fish and Game Code are present in the construction zone.
Surveys shall be conducted at the appropriate time of day/night, during appropriate weather conditions, no more than 3 days prior to the initiation of Project activities.
Surveys shall encompass all suitable areas including trees, shrubs, bare ground, burrows, cavities, and structures. Survey duration shall take into consideration the size of the Project site; density, and complexity of the habitat; number of survey participants; survey techniques employed; and shall be sufficient to ensure the data collected is complete and accurate. If a nest is suspected, but not confirmed, the Designated Biologist shall establish a disturbance -free b uffer until additional surveys can be completed, or until the location can be inferred based on observations. If a nest is observed, but thought to be inactive, the Designated Biologist shall monitor the nest for one hour (four hours for raptors during the non-breeding season) prior to approaching the nest to determine status. The Designated Biologist shall use their best professional judgement regarding the monitoring period and whether approaching the nest is appropriate.
3. If active nests are found during nesting bird surveys, the Designated Biologist shall immediately establish a conservative avoidance buffer surrounding the nest based on their best professional judgement and experience. The Designated Biologist shall monitor the nest at the onset of Proj ect activities, and at the onset of any changes in such Project activities (e.g., increase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. If the Designated Biologist determines that such Project ac tivities may eb casing an adverse reaction, the Designated Biologist shall adjust the buffer accordingly or implement alternative avoidance and minimization measures, such as redirecting or rescheduling construction or erecting sound barriers. All work within these buffers will be halted until the nesting effort is finished (i.e., the juveniles are surviving independent from the nest). The onsite Designated Biologist will review and verify compliance with these nesting avoidance buffers and will verify the nesting effort has finished. Work can resume within these avoidance areas when no other active nests are found.
MM BIO-2: State Drainages. A 1602 Streambed Alteration Agreement shall be obtained from the CDFW for the proposed impacts to 0.346 acres of CDFW jurisdiction.
The proposed 0. 29 acres of impacts to waters of the State would require waste discharge requirements (WDR) under Port-Cologne from the Santa Ana RWQCB.
A MSHCP DBESP shall be prepared for impacts to 0.346 acre of riverine resources. In addition, the Project shall purchase offsite mitigation at a 2:1 ratio by purchasing 0.692 acres of re - F.2.b
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ISSUES & SUPPORTING
INFORMATION SOURCES:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
establishment credits at River Park Mitigation Bank to accommodate the impacts to the 0.15 acres from an agency-approved mitigation bank.
MM BIO -3: Waters of the United States . A USACE Nationwide Permit 29 and RWQCB Section 401 Water Quality Certification under the Clean Wa ter Act shall be obtained for the proposed impacts to 0.29 acre of ephemeral stream considered Waters of the U.S.
MM BIO-4: Tree Replacement. Trees within the Project site will be surveyed by a qualified arborist prior to construction. Trees removed as part of the Project will be replaced per Chapter
9.17, Landscape and Water Efficiency Requirements, of the City’s Municipal Code, which states that projects necessitating the removal of existing trees with four-inch or greater trunk diameters (calipers), shall be replaced at a three to one ratio, with minimum twenty-four (24) inch box size trees of the same species, or a minimum thirty-six (36) inch box for a one to one replacement, where approved
Sources:
1. City of Moreno Valley General Plan 2040, adopted June 15, 2021
2. Final Environmental Impact Report for the MoVal 2040: Moreno Valley Comprehensive Plan Update, Housing Element Update, and Climate Action Plan certified May 27, 2021 • Section 4.4 – Biological Resources
3. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code • Section 9.17.030 G – Heritage Trees
4. Moreno Valley Municipal Code Chapter 8.60 – Threatened and Endangered Species
5. Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), http://www.wrc-rca.org/about-rca/multiple-species-habitat-conservation-plan/
6. General Biological Assessment , Hernandez Environmental Services, September 2021, Appendix B.
V. CULTURAL RESOURCES – Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to
§15064.5?
Response:
No Impact . According to the State CEQA Guidelines , a historical resource is defined as something that meets one or more of the following criteria: (1) listed in, or determined eligible for listing in, the California Register of Historical Resources; (2) listed in a local register of historical resources as defined in Public Resources Code (PRC) Section 5020.1(k); (3) identified as significant in a historical resources survey meeting the requirements of PRC Section 5024.1(g); or (4) determined to be a historical resource by the Project’s Lead Agency.
Implementation of the Project would not cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5 of the State CEQA Guidelines, as there are no eligible historical resources on the Project site.
The California Register of Historical Resources defines a “historical resource” as a resource that meets one or more of the following criteria: (1) associated with events that have made a significant contribution to the broad patterns or local or regional history of the cultural heritage of California or the United States; (2) associate d with the lives of persons important to local, California, or national history; (3) embodies the distinctive characteristics of a type, period, region, or method of construction or represents the work of a master or possesses high artistic values; or (4) has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California, or the nation.
F.2.b
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ISSUES & SUPPORTING
INFORMATION SOURCES:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
The Project site is currently undeveloped and disturbed. As such, the Project site does not contain any buildings or structures of historic age. Therefore, the Project does not require a Historical Resources Assessment and there would be no impacts to historical resources. b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to §15064.5?
Response:
Less than Significant with Mitigation. In its existing setting, the Project site is disturbed and consists of vacant land. The Project site is disturbed by development and/or agricultural uses from the past , and previous impacts on the property include multiple structures previously constructed in the southwestern portion of the property as early as 1978 and have since been demolished The Phase I Cultural Resources prepared f or the Project included an archaeological records search that was completed at the University of California, Riverside Eastern Information Center (EIC) (Appendix C. The EIC is the countywide clearinghouse/repository for all archaeological and cultural studies completed within the Riverside County. All pertinent data was researched, including previous studies for a one-mile radius surrounding the Project area and the identification of recorded resources within one mile.
In addition, the research included review of the current listings (feder al, state, and local) for evaluated resources and reviewed historic maps. The records search indicated that 72 cultural resources were previously identified within 1 -mile of the Project area , with none of the previously recorded resources occurring onsite. Furthermore, the cultural resource survey conducted on August 10, 2021 did not identify any prehistoric or cultural resources on the Project site. However, there is a limited potential that buried resources may be present on the property that may be exposed during grading. As a result, Mitigation Measure CUL-1 shall be implemented to require archaeological monitoring for the first three feet of ground disturbance.
With implementation of Mitigation Measure CUL-1, Project impacts to archaeological resources would be less than significant.
c) Disturb any human remains, including those
interred outside of formally dedicated
cemeteries?
Response:
No Impact. The Project site has been previously disturbed, as described above, and has not been previously used as a cemetery. It is not anticipated that implementation of the Project would result in the disturbance of human remains. In addition, compliance with California Health and Safety Code Section 7050.5, CEQA Guidelines Section 15064.5, and Public Resources Code Section 5097.98, included as PPP CUL -1, mandate the process to be fo llowed in the event of an accidental discovery of any human remains. Specifically, California Health and Safety Code Section 7050.5 requires that if human remains are discovered, disturbance of the site shall remain halted until the coroner has conducted an investigation into the circumstances, manner, and cause of death, and made recommendations concerning the treatment and disposition of the human remains to the person responsible for the excavation, or to his or her authorized representative, in the manner provided in Section 5097.98 of the Public Resources Code. If the coroner determines that the human remains are not subject to his or her authority and if the coroner has reason to believe the human remains to be those of a Native American, he or she sha ll contact, by telephone within 24 hours, the Native American Heritage Commission. Compliance with existing law would ensure that impacts to human remains would not occur.
Plans, Programs, or Policies (PPPs)
F.2.b
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ISSUES & SUPPORTING
INFORMATION SOURCES:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
PPP CUL-1: Should human remains be discovere d during project construction, the project would be required to comply with State Health and Safety Code Section 7050.5, which states that no further disturbance may occur in the vicinity of the body until the County Coroner has made a determination of ori gin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission, which will determine the identity of and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD must complete the inspection within 48 hours of notifica tion by the NAHC.
Project Design Features (PDFs)
None.
Mitigation Measures
MM CUL-1: Archaeological Monitoring and Cultural Resources Monitoring Plan (CRMP) An archaeological monitoring program prepared for the Project shall stipulate that a qualified archaeologist shall conduct monitoring during the grading of the first three to five feet of the property. Prior to the granting of a grading permit for the Project, the archaeologist shall prepare a CRMP for review and concurrence by the City. The CRMP should stipulate the local locations and depths for archaeological monitoring, the procedures and protocols for discoveries, and the treatment of any artifacts recovered. Should cultural resources be discovered during earthwork, the CRMP will stipulate that the archaeologist shall have the authority to detour grading away from the discovery until an evaluation can be made.
Should the discovery be determined to be significant, the CRMP shall include specific additional mitigation measures, such as data recovery, to mitigate adverse impacts to the discovered resource to a less than significant impact. All cultural resource discoveries will require that the site be registered at the EIC and that the City of Moreno Valley be immediately notified of the discovery and any additional mitigation measures.
Sources:
1. Moreno Valley General Plan, adopted June 15, 2021
• Chapter 10– Conservation Element
2. Final Environmental Impact Report City of Moreno Valley General Plan, certified May 20, 2021 • Section 5.10 – Cultural and Tribal Resources
• Appendix C – Tribal Letters and Responses
3. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code
4. Moreno Valley Municipal Code Title 7 – Cultural Preservation
5. Cultural Resources Inventory for the City of Moreno Valley, Riverside County, California, prepared by Daniel F. McCarthy, Archaeological Research Unit, University of California, Riverside, October 1987 (This document cannot be provided to the public due to the inclusion of confidential information pursuant to Government Code Section 6254.10.)
6. Phase I Cultural Resources Assessment, Brian F. Smith and Associates, Inc., August 2021, Appendix C.
VI. ENERGY – Would the project:
a) Result in potentially significant environmental
impact due to wasteful, inefficient, or
F.2.b
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ISSUES & SUPPORTING
INFORMATION SOURCES:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
unnecessary consumption of energy resources,
during project construction or operation?
Response:
Less than significant impact.
Construction
During construction, the Project would consume energy in three general forms:
1. Petroleum-based fuels used to power off-road construction vehicles and equipment on the Project site, construction worker travel to and from the Project site, as well as delivery truck trips;
2. Electricity associated with providing temporary power for light ing and electric equipment; and
3. Energy used in the production of construction materials, such as asphalt, steel, concrete, pipes, and manufactured or processed materials such as lumber and glass.
Construction activities related to the proposed residential development and the associated infrastructure is not expected to result in demand for fuel greater on a per -development basis than other development projects in Southern California. Table E -1 below details the construction fuel usage over the Project’s construction period.
Equipment Type
Equipment
Quantity
Horse-
power
Load
Factor
Operating
Hours per Day
Total
Operational
Hours1
Fuel Used
(gallons)
Site Preparation
Rubber Tired Dozers 3 247 0.4 8 240 1,224
Tractors/Loaders/Backhoes 4 97 0.37 8 320 659
Grading
Excavator 1 158 0.38 8 160 496
Grader 1 187 0.41 8 160 633
Rubber Tired Dozers 1 247 0.4 8 160 816
Tractors/Loaders/Backhoes 3 97 0.37 8 480 989
Building Construction
Cranes 1 231 0.29 7 1,610 5,568
Forklifts 3 89 0.2 8 5,520 5,639
Generator Sets 1 84 0.74 8 1,840 6,564
Tractors/Loaders/Backhoes 3 97 0.37 7 4,830 9,949
Welders 1 46 0.45 8 1,840 2,186
Paving
Pavers 2 130 0.42 8 320 902
Paving Equipment 2 132 0.36 8 320 785
Rollers 2 80 0.38 8 320 558
Architectural Coating
Air Compressor 1 78 0.48 6 120 258
Total Off-Road Equipment Fuel Used during Construction (gallons) 37,226 F.2.b
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ISSUES & SUPPORTING
INFORMATION SOURCES:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Notes:
1 Based on: 10 days for Site Preparation, 20 days for Grading; 230 days for Building Construction; 20 days for Paving; and 20 days for Architectural Coating.
Source: Vista Environmental, 2021 (Appendix A)
Construction of the Project would result in fuel consumption from the use of construction tools and equipment, vendor and haul truck trips, and vehicle trips generated from construction workers traveling to and from the site. There are no unusual Project characteristics that would cause the use of constru ction equipment that would be less energy efficient compared with other similar construction sites in other parts of the State.
Therefore, construction -related fuel consumption by the Project would not result in inefficient, wasteful, or unnecessary energy use compared with other construction sites in the region, and impacts would be less than significant.
Operation
Once operational, the Project would generate demand for energy in the forms of petroleum fuel, electricity, and natural gas. This use of energ y is typical for urban development, and no operational activities or land uses would occur that would result in extraordinary energy consumption.
The State of California provides a minimum standard for building design and construction standards through Title 24 of the California Code of Regulations (CCR). Compliance with Title 24 is mandatory at the time new building permits are issued by local governments.
The City’s administration of the Title 24 requirements includes review of design components and ener gy conservation measures that occurs during the permitting process, which ensures that all requirements are met. Typical Title 24 measures include insulation; use of energy -efficient heating, ventilation and air conditioning equipment (HVAC); energy -efficient indoor and outdoor lighting systems; reclamation of heat rejection from refrigeration equipment to generate hot water; and incorporation of skylights, etc. In complying with the Title 24 standards, impacts to peak energy usage periods would be minimized, and impacts on statewide and regional energy needs would be reduced.
Once operational, the Project is anticipated to consume 62,913 gallons of fuel per year.
In addition, the Project would use 150,507 kilowatt hours (kWh) per year with implementation of Title 24 Part 6 requirements that require the implementation of building energy efficiency standards including the installation of photovoltaic systems on the rooftops of the homes. The Project would use 1,790,840 kilo British Thermal Units (kBTU) of natural gas per year which is equivalent to 1,791 mega -British Thermal units (MBTU) per year of natural gas. Thus, operation of the Project would not use large amounts of energy or fuel in a wasteful manner, and no operational energy impacts would occur.
Therefore, construction and operations-related fuel consumption by the Project would not result in inefficient, wasteful, or unnecessary energy use compared with other construction sites in the region, and impacts would be less than significant.
F.2.b
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b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
Response:
Less than Significant. The California Title 24 Building Energy Efficiency Standards are designed to ensure new and existing buildings achieve energy efficiency and preserve outdoor and indoor environmental quality. These measures (Title 24, Part 6) are listed in the California C ode of Regulations. The California Energy Commission is responsible for adopting, implementing and updating building energy efficiency. Local city and county enforcement agencies have the authority to verify compliance with applicable building codes, including energy efficiency. As required by Municipal Code, Chapter 8.20 California Building Code, prior to issuance of a building permit, the Project Applicant shall submit plans showing that the Project would be in compliance with 2019 Title 24 requirements. Therefore, the Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency, and impacts would not occur. As such, the Project would have less than significant impacts related to energy.
Plans, Programs, or Policies (PPPs)
None.
Project Design Features (PDFs)
None.
Mitigation Measures
None.
Sources:
Moreno Valley General Plan, adopted June 15, 2021
7. Moreno Valley General Plan, adopted June 15, 2021
• Chapter 10 – Open Space & Conservation Element
1. Final Environmental Impact Report City of Moreno Valley General Plan, certified June 15, 2021
2. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code
VII. GEOLOGY AND SOILS – Would the project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist -Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
https://www.conservation.ca.gov/cgs/Document
s/SP_042.pdf
Response:
No Impact. As stated in the Geotechnical and Infiltration Evaluation conducted by GeoTek, Inc., (see Appendix D, the Project site is not situated within a State designated Alquist-Priolo Earthquake Fault Zone. The Project site does not contain and is not in the vicinity of an earthquake fault and is not affected by a state-designated Alquist-Priolo Earthquake Fault Zone. The closest active fault is the San Jacinto Fault located approximately 3.75 miles northeast of the site. Because the Project site is in a seismically active region of Southern Cal ifornia, occasional seismic ground shaking is likely to occur within the lifetime of the Project. However, the potential for surface rupture of a fault onsite is considered very low. As such, no impacts would occur.
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 48 City of Moreno Valley ii) Strong seismic ground shaking?
Response:
Less than Significant. The Project site is located within a seismically active region of Southern California. As mentioned previously, the San Jacinto Fault is located approximately 3.75 miles northeast of the Project site. Thus, moderate to strong ground shaking can be expected at the sit e.
The amount of motion can vary depending upon the distance to the fault, the magnitude of the earthquake, and the local geology. Greater movement can be expected at sites located closer to an earthquake epicenter, that consists of poorly consolidated material such as alluvium, and in response to an earthquake of great magnitude.
Structures built in the City are required to be built in compliance with the California Building Code (CBC [California Code of Regulations, Title 24, Part 2]), included in the Mu nicipal Code as Chapter 8.20.
Compliance with the CBC would ensure earthquake safety based on factors including occupancy type, the types of soils onsite, and the probable strength of the ground motion. Compliance with the CBC would include the incorporation of: 1) seismic safety features to minimize the potential for significant effects as a result of earthquakes; 2) proper building footings and foundations; and 3) construction of the building structures so that it would withstand the effects of strong ground shaking. Therefore, with CBC compliance , included as PPP GEO -1, the Project would not expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving strong seismic ground shaking more than o ther developments in Southern California. Impacts would be less than significant.
iii) Seismic-related ground failure, including
liquefaction?
Response:
Less than Significant. As discussed in the Geotechnical and Infiltration Evaluation (Appendix D), the Project site is not located in an area of potential liquefaction. However, the County of Riverside indicates that the site has low to moderate liquefaction potential. The groundwater depth onsite is estimated to be greater than 100 feet below ground surface. Thus, the potential for liquefaction is low.
Additionally, the Geotechnical Investigation provides California Building Code (CBC) regulations for the proposed development to reduce any potential for liquefaction -induced settlement to a less than significant level, which would be verified by the City through the development permitting process. With adherence to CBC requirements, included as PPP GEO-1, the Project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving liquefaction and impacts would be less than significant.
iv) Landslides?
Response:
No Impact. The Project site is relatively flat with a gentle slope in the south/southwest direction.
Elevation of the northern portion of the site is approximately 1,560 feet and the Project site has approximately 10 feet of elevation differential across the site. Furthermore, according to the City of Moreno Valley General Plan Figure 4.7-3, the Project site is not within a landslide susceptibility class.
As such, the Project site is not located in an area mapped for high sus ceptibility to seismic-induced landslides. Additionally, onsite soils would be graded and compacted per the requirements of the CBC, included as PPP GEO-1, which would reduce potential impacts related to seismic-induced landslides.
Therefore, no impacts related to landslides would occur.
b) Result in substantial soil erosion or the loss of
topsoil?
Response:
Less than Significant. The Project would involve excavation, grading, and construction activities that would disturb soil and leave exposed soil on the ground surface. As such, the Project would be required to comply with the City’s grading standards and erosion control measures , included in Chapter 8.10 (Stormwater/Urban Runoff Management and Discharge Controls) of the City’s Municipal Code.
Additionally, the Construction General Permit issued by the State Water Resources Control Board (SWRCB), regulates construction activities to minimize water pollution, including sediment. The Project F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 49 City of Moreno Valley would be subject to the N ational Pollution Discharge Elimination System (NPDES) permitting regulations, including implementation of a Stormwater Pollution Prevention Plan (SWPPP) and associated BMPs during grading and construction, which would be required during construction permitting of the Project.
Adherence to the BMPs in the SWPPP would reduce, prevent, or minimize soil erosion from project - related grading and construction activities. After Project completion, the Project site would be developed with 67 single-family residences, new internal streets, an onsite open space pedestrian trail, and landscape improvements, and would not contain exposed soil. Additionally, the Project would implement the operational BMPs as included in the Water Quality Management Plan (Appendix G) for the Project, which would reduce operational runoff from the site. Thus, the potential for soil erosion or the loss of topsoil would be expected to be extremely low. Construction of the Project would have a less than significant impact related to soil erosion.
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in on-
or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse?
Response:
Less than Significant. As described above, the Project site is relatively flat, and does not contain nor is adjacent to any significant slope or hillside area. The Project would not create slopes. Thus, on or off-site landslides would not occur from implementation of the Project.
According to the Geotechnical and Infiltration Evaluation , the site does not contain liqu efiable soils.
Differential settlement or subsidence could occur if buildings or other improvements ar e built on low- strength foundation materials (including imported fill) or if improvements straddle the boundary between different types of subsurface materials (e.g., a boundary between native material and fill).
Although differential settlement generally occurs slowly enough that its effects are not dangerous to inhabitants, it can cause building damage over time.
As described previously, compliance with the requirements of the CBC, included as PPP GEO-1, and related recommendations in the Geotechnical and Infiltration Evaluation related to compaction of soils and development of foundations is required as part of the building plan check and development permitting process, and would reduce potential impacts related to liquefaction, settlement, and ground collapse to a less than significant level.
d) Be located on expansive soil, as defined in
Table 18 -1-B of the Uniform Building Code
(1994), creating substantial direct or indirect
risks to life or property?
Response:
Less than Significant. Expansive soils contain certain types of clay minerals that shrink or swell as the moisture content changes; the shrinking or swelling can shift, crack, or break structures built on such soils. Arid or semiarid areas with seasonal changes of soil moisture experiences, such as southern California, have a higher potential of expansive soils than areas with higher rainfall and more constant soil moisture.
The Geotechnical and Infiltration Evaluation performed an evaluation of the potential for expansive soils at the site , and expansion index testing was performed on representative samples of the near surface soils which are anticipated to be within the zone of influenc e of the planned improvements.
Based on the expansion index testing performed, the site soils possess a low expansion potential. In addition, as described previously, compliance with the CBC , included as PPP GEO -1, would require specific engineering design recommendations be incorporated into grading plans and building specifications as a condition of construction permit approval to ensure that Project structures would withstand the effects of related to ground movement, including expansive soils. Therefore , impacts would be less than significant.
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 50 City of Moreno Valley e) Have soils incapable of adequately supporting
the use of septic tanks or alternative waste
water disposal systems where sewers are not
available for the disposal of waste water?
Response:
No Impact. The Project would connect to existing EMWD sewer lines in Oliver Street and Brodiaea Avenue. No septic tanks are proposed, and no impacts would occur with implementation of the Project. f) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
Response:
Less than Significant. The Project would construct 67 single-family residences, new internal streets, and an open space pedestrian trail. Earthmoving activities, including grading and trenching activities, would have the potential to disturb previously unknown paleontological resources if earthmoving activities occur at substantial, undisturbed depths. As discussed in the Paleontological Ass essment, the Project site is underlain by Holocene and late Pleistocene young sand alluvial deposits. At the project’s northwest corner are lower Pleistocene, very old, sandy alluvial fan deposits . A paleontological survey was not conducted since the surfa ce of the Project property is flat -lying and disturbed.
A records search at the Western Science Center did not identify any fossil localities within one mile of the Project site. The closest known fossil localities to the Project site are located at the Aldi Distribution Center approximately two miles to the northeast. Holocene alluvium is generally considered to have a low paleontological sensitivity. The Pleistocene sediments are considered to have a high paleontological resource sensitivity. Additionally, the Project site is mapped as high sensitivity for paleontological resources by the County of Riverside. Therefore, the Project would implement MM PAL-1 which requires preparation of a Paleontological Resource Impact Mitigation Plan (PRIMP) and paleontological monitoring. With implementation of MM PAL -1, impacts to paleontological resources would be less than significant.
Plans, Programs, or Policies (PPPs)
PPP GEO-1: California Building Code. The Project is required to comply with the California Building Code as included in the City’s Municipal Code Chapter 8.20 to preclude significant adverse effects associated with seismic hazards. California Building Code related and geologist and/or civil engineer specifications for the Project are required to be incorporated into grading plans and specifications as a condition of Project approval.
PPP WQ-1: SWPPP. As listed below in Section 10, Hydrology and Water Quality.
Project Design Features (PDFs)
None.
Mitigation Measures
MM PAL-1: Paleontological Monitoring. Prior to the issuance of a grading plan, a paleontologist shall prepare a Paleontological Resource Impact Mitigation Plan (PRIMP) for submittal and review by the City. Implementation of the PRIMP will ensure that adverse impacts to potentially significant paleontological resources are mitigated to a level less than significant. The PRIMP should follow the outline below:
1. Monitoring of mass grading and excavation activities in areas identified as likely to contain paleontological resources shall be performed by a qualified paleontologist or paleontological monitor. The PRIMP shall stipulate that monitoring will be conducted either full or part time at the determination of the paleontologist, based upon the identification of undisturbed sediments of Pleistocene very old alluvial fan deposits (“Qvofa”). Monitoring of Holocene young sandy F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 51 City of Moreno Valley alluvial fan deposits (“Qyfa”) is not recommended; however, these deposits are likely relatively thin and overlie Pleistocene very old alluvial fan deposits. Therefore, monitoring in areas mapped as young sandy alluvial fan deposits may commence when those deposits are graded away and the very old alluvial fan deposits becom e exposed. The project paleontologist is responsible to periodically visit the property during the initial stages of grading to identify the Pleistocene deposits and direct the initiation of monitoring.
2. Paleontological monitors will be equipped to salvage fossils as they are unearthed to avoid construction delays. The monitor must be empowered to temporarily halt or divert equipment to allow removal of abundant or 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 low potential to contain fossil resources. The monitor shall notify the project paleontologist, who will then notify the concerned parties of the discovery.
3. Paleontological salvage during trenching and boring activities is typically from the generated spoils and does not delay the trenching or drilling activities. Fossils are collected and placed in cardboard flats or plastic buckets and identified by field number, collector, and date collected.
Notes are taken on the map location and stratigraphy of the site, which is photographed before it is vacated, and the fossils are removed to a safe place. On mass grading projects, discovered fossil sites are protected by flagging to prevent them from being over -run by earthmovers (scrapers) before salvage begins. Fossils are collected in a similar manner, with notes and photographs being taken before removing the fossils. Precise location of the site is determined with the use of handheld GPS units. If the site involves remains from a large terrestrial vertebrate, such as large bone(s) or a mammoth tusk, that is/are too large to be easily removed by a single monitor, a fossil recovery crew shall excavate around the find, encase the find within a plaster and burlap jacket, and remove it after the plaster is set. For large fossils, use of the contractor’s construction equipment may be solicited to help remove the jacket to a safe location.
4. Isolated fossils are collected by hand, wrapped in paper, and placed in temporary collecting flats or five-gallon buckets. Notes are taken on the map location and stratigraphy of the site, which is photographed before it is vacated and the fossils are removed to a safe place.
5. Particularly small invertebrate fossils typically represent multiple specimens of a limited number of organisms, and a scientifically suitable sample can be obtained from one to several five - gallon buckets of fossiliferous sediment. If it is possible to dry screen the sediment in the field, a concentrated sample may consist of one or two buckets of material. For vertebrate fossils, the test is usually the observed presence of small pieces of bones within the sediments. If present, as many as 20 to 40 five-gallon buckets of sediment can be collected and returned to a separate facility to wet-screen the sediment.
6. In accordance with the “Microfossil Salvage” section of the Society of Vertebrate Paleontology guidelines (2010 :7), bulk sampling and screening of fine -grained sedimentary deposits (including carbonate-rich paleosols) must be performed if the deposits are identified to possess indications of producing fossil “microvertebrates” to test the feasibility of the deposit to yield fossil bones and teeth.
7. In the laboratory, individual fossils are cleaned of extraneous matrix, any breaks are repaired, and the specimen, if needed, is stabilized by soaking in an archivally approved acrylic hardener (e.g., a solution of acetone and Paraloid B-72).
8. Recovered specimens are prepared to a point of identification and permanent preservation (not display), including screen-washing sediments to recover small invertebrates and vertebrates.
Preparation of individual vertebrate fossils is often more time-consuming than for accumulations of invertebrate fossils.
9. Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage (e.g., the Western Science Center) shall be conducted. The paleontological program should include a written repository agreement prior to the initiation of mitigation activities. Prior to curation, the lead agency (e.g., the City of Moreno Valley) will be consult ed on the repository/museum to receive the fossil material.
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 52 City of Moreno Valley
10. A final report of findings and significance will be prepared, including lists of all fossils recovered and necessary maps and graphics to accurately record their original location(s). The report, when submitted to, and accepted by, the appropriate lead agency, will signify satisfactory completion of the project program to mitigate impacts to any potential nonrenewable paleontological resources (i.e., fossils) that might have been lost or otherwise adversely affected without such a program in place.
11. Decisions regarding the intensity of the MMRP will be made by the project paleontologist based on the significance of the paleontological resources and their biostratigraphic, biochronologic, paleoecologic, taphonomic, and taxonomic attributes, not upon the ability of a project proponent to fund the MMRP.
Sources:
1. Moreno Valley General Plan, adopted June 15, 2021
• Chapter 6 – Safety Element – Section 6.5 – Geologic Hazards - Figure 6-3 – Geologic Faults & Liquefaction
• Chapter 7 – Conservation Element – Section 7.4 -- Soils
2. Final Environmental Impact Report City of Moreno Valley General Plan, certified May 20, 2021 • Section 4.7 – Geology and Soils
- Figure 4.7-1 – Fault Zones
- Figure 5.6-2 – Liquefaction
- Figure 4.7-3 – Landslides
- Figure 4.7-4 – Paleontological Sensitivity
3. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code
4. Moreno Valley Municipal Code Chapter 8.21 – Grading Regulations
5. Local Hazard Mitigation Plan, City of Moreno Valley Fire Department, adopted October 4, 2011, amended 2017, http://www.moval.org/city_hall/departments/fire/pdfs/haz-mit-plan.pdf • Chapter 4 – Earthquake
- Figure 4-1 – Right-Lateral Strike -Slip Fault
- Figure 4-1.1 – Moreno Valley Geologic Faults and Liquefaction 2016 - Figure 4-1.2 – Moreno Valley Area Ground Shaking Map
• Chapter 8 – Landslide
- Figure 8-1 – Moreno Valley Slope Analysis 2016
6. Emergency Operations Plan, City of Moreno Valley , March 2009, http://www.moval.org/city_hall/departments/fire/pdfs/mv-eop-0309.pdf • Threat Assessment 1 – Major Earthquakes
- Figure 9 – Types of Faults
- Figure 10 – Earthquake Faults
- Figure 11 – Comparison of Richter Magnitude and Modified Mercalli Intensity - Figure 12 – Magnitude 4.5 or Greater Earthquake Map
- Figure 13 – Geologic Faults and Liquefaction
7. Geotechnical and Infiltration Evaluation, Geotek, Inc., September 30, 2021, Appendix D.
8. Paleontological Assessment for the Discover Moreno Valley Project , Brian F. Smith and Associates , September 2021, Appendix E.
VIII. GREENHOUSE GAS EMISSIONS – Would the project:
Greenhouse Gas Emissions Thresholds
The City of Moreno Valley has prepared the 2021 Climate Action Plan (CAP) that reflects the guidelines established in the 2017 Climate Change Scoping Plan (CARB, 2017) that was designed to implement the greenhouse gas (GHG) emissions reduction targets set in Executive Order S-3-15 and Senate Bill 32 that recommend local governments target of 6.0 MTCO 2e per capita per year by 2030 and 2.0 MTCO2e per year by 2050 in their CAPs. The 2021 CAP has adopted a proposed target of 4.0 MTCO2e per capita per year by 2040 . Therefore, the Project would be considered to create a significant cumulative GHG impact if the Project would exceed the 2021 CAP threshold of 4.0 MTCO2e per capita threshold.
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 53 City of Moreno Valley a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a significant
impact on the environment?
Response:
Less than Significant. During construction of the Project, GHGs would be emitted through the operation of construction equipment, as well as emissions from worker and vendor vehicles, each of which typically uses fossil-based fuels to operate. The combustion of fossil-based fuels creates GHGs such as CO 2, CH 4, and N 2O. Furthermore, CH 4 is emitted during the fu eling of heavy equipment.
Exhaust emissions from on-site construction activities would vary daily as construction activity levels change. Project design features AQ -1 through AQ-3, included as measures in the 2021 CAP , would be included as conditions of approval for the Project and have been factored into the Project analysis.
The Project would result in the development of 67 single-family homes. Long-term emissions would occur from the Project-generated vehicle trips, emissions from ene rgy usage, onsite area source emissions, and off-road equipment created from the on -going use of the p Project. The calculations presented below include construction emissions in terms of annual CO 2e GHG emissions from increased energy consumption, water u sage, and solid waste disposal, as well as estimated GHG emissions from vehicular traffic that would result from implementation of the Project.
Table GHG-1: Project Related Greenhouse Gas Annual Emissions Greenhouse Gas Emissions (Metric Tons per Year)
Category CO2 CH4 N2O CO2e
Area Sources1 1.13 <0.00 <0.00 1.16
Energy Usage2 122.26 <0.00 <0.00 122.96
Mobile Sources3 559.49 0.03 0.03 568.79
Solid Waste4 7.99 0.47 <0.00 19.81
Water and Wastewater5 15.50 0.12 <0.00 19.22
Construction6 16.30 <0.00 <0.00 16.49
Total Emissions 722.67 0.62 0.03 748.43
Service Population7 192
MTCO2e per Service Population 3.9
City of Moreno Valley 2021 CAP Threshold of Significance (MTCO 2e per capita per year)
4.0 Exceeds Threshold? No
Notes:
1 Area sources consist of GHG emissions from consumer products, architectural coatings, and landscaping equipment. 2 Energy usage consists of GHG emissions from electricity and natural gas usage. 3 Mobile sources consist of GHG emissions from vehicles. 4 Waste includes the CO2 and CH4 emissions created from the solid waste placed in landfills. 5 Water includes GHG emissions from electricity used for transport of water and processing of wastewater. 6 Construction emissions amortized over 30 years as recommended in the SCAQMD GHG Working Group on November 19, 2009. 7 Service population obtained from CalEEMod default population values.
Source: CalEEMod Version 2020.4.0.
The data provided in Table GHG-1 aboveError! Reference source not found. shows that the Project would create 748.43 MTCO2e per year, which is equivalent to 3.9 MTCO2e per year per service population. According to the threshold of significance provided in the 2021 CAP that is detailed above, a cumulative global climate change impact would occur if the GHG emissions exceed 4.0 MTCO2e per year per service population. Therefore, a less than significant generation of greenhouse gas emissions would occur from construction and operation of the Project. b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing
the emission of greenhouse gases?
Response:
Less than Significant. The Project involves the construction of 67 single-family residences. In 2006, the California State Legislature adopted AB 32, the California Global Warming Solutions Act of 2006.
AB 32 requires the California Air Resources Board (CARB) to adopt rules and regulations that would achieve GHG emissions equivalent to statewide levels in 1990 by 2020 through an enforceable F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 54 City of Moreno Valley statewide emission cap, which was phased in starting in 2012. Therefore, as the Project meets the current interim emissions targets/thresholds established by City of Moreno Valley CAP, it would also be on track to meet the reduction target of 40 percent below 1990 levels by 2030, as mandated by the State. Furthermore, all of the post -2020 reductions in GHG emissions are addressed via regulatory requirements at the State level, and the Project would be required to comply with these regulations as they come into effect. As shown above in Table GHG-1, the Project would generate 748.43 MTCO 2e per year, which is equivalent to 3.9 MTCO2e per year per service population. Therefore, the Project is consistent with the 4.0 MTCO2e per capita per year emissions target provided in the 2021 CAP.
The applicable plan for the Project is the 2021 CAP. As detailed above, the Project would be consistent with the 2021 CAP if the GHG emissions created by the Project do not exceed the 2021 CAP threshold of 4.0 MTCO2e per capita threshold and if the Project adopts the applicable measures in the 2021 CAP as conditions of approval. The Project’s consistency with the applicable measures in the 2021 CAP for a new single-family home development as shown in Table GHG-2.
Table GHG-2: Project Compliance with Applicable 2021 CAP Policies ID General Plan Policy Project Implementation Actions
TR-5 Implement trip reduction programs in new
residential, commercial, and mixed-use
developments.
Consistent. Project Design Feature AQ-1 has
been included in this analysis that requires the
applicant to prepare a trip reduction program that
would include preparing a packet that details
nearby bus stops and bus routes, bike routes, and
walkways, which shall be provided to everyone
that purchases a home in this development.
R-2 Require new construction and major remodels to
install interior real-time energy smart meters in
line with current utility provider (e.g., MVU, SCE)
efforts.
Consistent. Project Design Feature AQ-2 has
been included in this analysis that will require the
applicant to install interior real -time energy smart
meters into the proposed homes.
OR-1 Encourage residents and businesses to use
efficient lawn and garden maintenance
equipment or to reduce the need for landscape
maintenance through native planting.
o Partner with the SCAQMD to establish a
voluntary exchange program for residential
electric lawnmowers and backpack-style leaf
blowers.
o Require new buildings to provide electrical
outlets in an accessible location to facilitate
use of electric-powered lawn and garden
equipment.
o In project review, encourage the replacement
of high-maintenance landscapes (like grass
turf) with native vegetation to reduce the need
for gas-powered lawn and garden equipment.
Consistent. The Project is required to implement
the Title 24 Part 11 CalGreen building standards
that require that the homes include electrical
outlets on the exterior of the proposed homes to
allow for plug-in electrical landscaping equipment
to be used for lawn and garden maintenance.
OR-2 Reduce emissions from heavy-duty construction
equipment by limiting idling based on South
Coast Air Quality Management District
(SCAQMD) requirements and utilizing cleaner
fuels, equipment, and vehicles.
o Require provision of clear signage reminding
construction workers to limit idling.
o Require project applicants to limit GHG
emissions through one or more of the following
measures: substitute electrified or hybrid
equipment for diesel/ gas powered, use
alternative-fueled equipment on site, avoid use
of on-site generators.
Consistent. Project Design Feature AQ-3 has
been included in this analysis that will require the
applicant to install signage to remind construction
workers to limit idling and to encourage the use of
alternative powered vehicles and equipment.
NC-1 Require new landscaping to be climate
appropriate.
Consistent. The Project is required to meet the
requirements of Executive Order B-29-15 and the
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 55 City of Moreno Valley associated City’s landscape plan requirements
that requires all development to prepare a
landscape plan that utilizes drought tolerant
plants and water-efficient irrigation systems.
NC-2 Encourage residents and businesses to use
efficient lawn and garden maintenance through
native planting
Consistent. The Project is required to meet the
requirements of Executive Order B-29-15 and the
associated City’s landscape plan requirements
that requires all development to prepare a
landscape plan that utilizes native planting.
Source: City of Moreno Valley, 2021.
As shown above in Table GH G-2, the Project would be consistent with the 2021 CAP. Thus, Project would not conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing GHG emissions and impacts would be less than significant.
Plans, Programs, or Policies (PPPs)
None.
Project Design Features (PDFs)
PDF AQ-1 through PDF AQ-3, as described above in Section III.
Mitigation Measures
None.
Sources:
1. Moreno Valley General Plan, adopted June 15, 2021
2. Final Environmental Impact Report City of Moreno Valley General Plan, certified May 20, 2021
3. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code
4. California’s 2017 Climate Change Scoping Plan, prepared by the California Air Resources Board, November 2017 , https://www.arb.ca.gov/cc/scopingplan/scoping_plan_2017.pdf, accessed April 24, 2019
5. Air Quality, Energy, and Greenhouse Gas Impact Analysis, Vista Environmental, October 2021, Appendix A.
IX. HAZARDS AND HAZARDOUS MATERIALS – Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use,
or disposal of hazardous materials?
Response:
Less than Significant. Development of the Project would require standard transport, use, and disposal of hazardous materials and wastes. If the use of these materials does not adhere to established federal, state, and local laws and regulations, workers, building occupants and residents, the public, and/or the environment could be exposed to hazardous materials.
Construction
Heavy construction equipment (e.g., dozers, excavators, tractors) would be operated for development of the Project. The equipment would be fueled and maintained by petroleum ‐based substances such as diesel fuel, gasoline, oil, and hydraulic fluid, which ar e considered hazardous if improperly stored, handled, or transported. Other materials used —such as paints, adhesives, and solvents —could also result in accidental releases or spills that could pose risks to people and the environment. These risks are standard, however, on all construction sites, and the Project would not cause greater risks than would occur on other similar construction sites.
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 56 City of Moreno Valley Construction contractors would be required to comply with federal, state, and local laws and regulations regarding the transport, use, and storage of the hazardous materials. Applicable laws and regulations include CFR, Title 29 - Hazardous Waste Control Act; CFR, Title 49, Chapter I; and Hazardous Materials Transportation Act requirements as imposed by the USDOT, CalOSHA, CalEPA and DTSC.
Additionally, construction activities would require a Stormwater Pollution Prevention Plan (SWPPP), which is mandated by the National Pollution Discharge Elimination System General Construction Permit (included as PPP WQ-1 herein) and enforced by the Santa Ana RWQCB. The SWPPP w ould include strict onsite handling rules and BMPs to minimize potential adverse effects to workers, the public, and the environment during construction, including, but not limited to:
Establishing a dedicated area for fuel storage and refueling activities that includes secondary containment protection measures and spill control supplies; Following manufacturers’ recommendations on the use, storage, and disposal of chemical products used in construction;
Avoiding overtopping construction equipment fuel tanks; Properly containing and removing grease and oils during routine maintenance of equipment; and
Properly disposing of discarded containers of fuels and other chemicals.
Mandatory compliance with applicable laws and regulations related to the routine transport, use, and disposal of hazardous materials during construction activities at the Project site would limit potentially significant hazards to construction workers, the public, and the environment. Impacts would be less than significant.
Operation
The Project site would be developed with 67 single-family residences and an onsite open space area and open space pedestrian trail, which involve routinely using hazardous materials including solvents, cleaning agents, paints, pesticides, batteries, fertilizers, and aerosol cans. These types of materials are not acutely hazardous and would only be used and stored in limited quantities. The normal routine use of these hazardous materials products pursuant to existing regulations would not result in a significant hazard to people or the environment in the vicinity of the Project. Therefore, operation of the Project would not result in a significant hazard to the public or to the environment through the routine transport, use, or disposal of hazardous waste, and impacts would be less than significant
b) Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
Response:
Less than Significant. In 2021, a Phase I Environmental Site Assessment (ESA) and limited Phase II ESA were conducted for the Project site by Brown and Caldwell (Appendix F). A limited Phase II ESA was performed to assess the soil conditions near the former petroleum pipeline easement. The Phase II soil sampling occurred along the southern boundary of the Project site and the testing determined that there were no traces of total petroleum hydrocarbons (TPH) or polycyclic aromatic hydrocarbons (PAHs) to the soil above environmental screening levels. The Phase I and Limited Phase II evaluated the parcel and determined that the Project site does not have any recognized environmental conditions (RECs).
Construction
Accidental Releases. While the routine use, storage, transport, and disposal of hazardous materials in accordance with applicable regulations during construction activities would not pose health risks or result in significant impacts; improper use, storage, transportation and disposal of hazardous materials and wastes could result in accidental spills or releases, posing health risks to workers, the public, and the environment. To avoid an impact related to an accidental release, the use of best management F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 57 City of Moreno Valley practices (BMPs) during construction would be implemented as part of a Stormwater Pollution Prevention Plan (SWPPP) as required by the National Pollution Discharge Elimination System General Construction Permit (and included as PPP WQ -1). Implementation of an SWPPP would minimize potential adverse effects to workers, the public, and the environment. Cons truction contract specifications would include strict on-site handling rules and BMPs that include, but are not limited to:
Establishing a dedicated area for fuel storage and refueling and construction dewatering activities that includes secondary containment protection measures and spill control supplies; Following manufacturers’ recommendations on the use, storage, and disposal of chemical products used in construction;
Avoiding overtopping construction equipment fuel tanks; Properly containing and removing grease and oils during routine maintenance of equipment; and
Properly disposing of discarded containers of fuels and other chemicals.
Operation
As described previously, operation of the proposed 67 single-family homes and the recreation area includes use of limited hazardous materials, such as solvents, cleaning agents, paints, pesticides, batteries, fertilizers, and aerosol cans. Normal routine use of typical residential products pursuant to existing regulations would not result in a significant hazard to the environment, residents, or workers in the vicinity of the Project.
c) Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or
waste within one -quarter mile of an existing or
proposed school?
Response:
Less than Significant. La Jolla Elementary School is located approximately 0. 4 miles south and Landmark Middle School is located approximately 1.0 miles south of the Project site. Furthermore, as noted in Sections IX(a) and IX(b), the Project is not anticipated to release hazardous emissions or handle hazardous or acutely hazardous materials, substances, or wastes in significant quantities.
Therefore, the Project would not emit haza rdous emissions or handle hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school and impacts would be less than significant.
d) Be located on a site which is included on a list
of hazardous materials sites compiled pursuant
to Government Code section 65962.5 and, as a
result, would it create a significant hazard to the
public or the environment?
Response:
No Impact. According to the California Department of Toxic Substances Control EnviroStor database, and the Phase I Environmental Site Assessment prepared for the site (Phase 1 2021) the Project site is not located on or nearby any hazardous material sites listed, pursuant to Government Code Section 65962.5. As a result, impacts related to haz ards from being located on or adjacent to a hazardous materials site would not occur from implementation of the Project.
e) For a project located within an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public airport or
public use airport, would the project result in a
safety hazard or excessive noise for people
residing or working in the project area?
Response:
Less than Significant. The Project site is located approximately 4.5-miles northeast of March Air Reserve Base/Inland Port Airport (MARB/IPA) and is not within the boundaries of the March Air F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 58 City of Moreno Valley Reserve Base/Inland Port Airport Land Use Compatibility Plan (MARB/IPA LUCP). Therefore, the Project would not pose a safety hazard to people working in the area. As such, impacts would be less than significant.
f) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
Response:
Less than Significant. The Project would not physically interfere with an adopted emergency response plan or emergency evacuation plan.
Construction
The proposed construction activities, including grubbing, grading, excavation and re -compaction of soils; utility and infrastructure installation; building and internal roadway construction; and architectural coatings would occur within the Project site, and would not restrict access of emergency vehicl es to the Project site or adjacent areas. The installation of new driveways and connections to existing infrastructure systems that would be implemented during construction of the Project would not require full closure of Oliver Street and Brod iaea Avenue. Any temporary lane closures needed for utility connections or driveway construction would be required to implement appropriate measures to facilitate vehicle circulation, as included within construction permits. Thus, implementation of the Project through the City’s permitting process would ensure existing regulations are adhered to and would reduce potential construction related emergency access or evacuation impacts to a less than significant level.
Operation
The City of Moreno Valley participates in th e County of Riverside Multi -Jurisdictional Local Hazard Mitigation Plan (LHMP) which outlines requirements for emergency access and standards for emergency responses. Additionally, the Project would be required to comply with the City of Moreno Valley’s Emergency Operations Plan.
Direct access to the Project site would be provided from Brodiaea Avenue and Oliver Street via two driveways. The Project driveways and internal access would be reviewed through the City’s permitting process to ensure they meet the City’s design standards and to ensure adequate emergency access and evacuation. The Fire Department and/or Public Works Department would review the development plans as part of the permitting procedures to ensure adequate emergency access pursuan t to the requirements in Section 503 of the California Fire Code (Title 24, California Code of Regulations, Part 9), included as Municipal Code Chapter 8.36. As such, the Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan, and impacts would be less than significant.
g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or
death involving wildland fires?
Response:
No Impact. The Project site is within an urbanized area of the City of Moreno Valley. The Project site is bounded by Brodiaea Avenue to the south, Oliver Street to the west, Discovery Christian Church to the north, and a vacant lot to the east that is being developed with new single -family homes. Single- family residences are located to the south of Brodiaea Avenue. The Project site is not adjacent to any wildland areas. According to the CAL FIRE Fire Hazard Severity Zone map, the Project site is not within an area identified as a Fire Hazard Area that may contain substantial fire risk or a Very High Fire Hazard Severity Zone (VHFHSZ) (CAL FIRE 2021). As a result, the Project would not expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires and no impacts would occur.
Plans, Programs, or Policies (PPPs)
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 59 City of Moreno Valley None.
Project Design Features (PDFs)
None.
Mitigation Measures
None.
Sources:
1. Moreno Valley General Plan, adopted June 15, 2021
• Chapter 6 – Safety Element
2. City of Moreno Valley General Plan Update, adopted July 2021
3. Final Environmental Impact Report City of Moreno Valley General Plan, certified May 20, 2021 • Section 4.9 – Hazards and Hazardous Materials
4. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code
5. March Air Reserve Base (MARB)/March Inland Port (MIP) Airport Land Use Compatibility Plan (ALUCP) on November 13, 2014, ( http://www.rcaluc.org/Portals/13/17%20- %20Vol.%201%20March%20Air%20Reserve%20Base%20Final.pdf?ver=2016-08-15-145812-700)
6. Local Hazard Mitigation Plan, City of Moreno Valley Fire Department, adopted October 4, 2011, amended 2017, http://www.moval.org/city_hall/departments/fire/pdfs/haz-mit-plan.pdf • Chapter 5 – Wildland and Urban Fires
- Figure 5-2 – Moreno Valley High Fire Area Map 2016
• Chapter 12 – Dam Failure/Inundation
- Figure 12-2 Moreno Valley Evacuation Routes Map 2015
• Chapter 13 – Pipeline
- Figure 13-1 – Moreno Valley Pipeline Map 2016
• Chapter 14 – Transportation
- Figure 14-1.1 – Moreno Valley Air Crash Hazard Area Map 2016 • Chapter 16 – Hazardous Materials Accident
- Moreno Valley Hazardous Materials Site Locations Map 2016
7. Emergency Op erations Plan, City of Moreno Valley, March 2009, http://www.moval.org/city_hall/departments/fire/pdfs/mv-eop-0309.pdf • Hazard Mitigation and Hazard Analysis
• Threat Assessment 2 – Hazardous Materials
• Threat Assessment 3 – Wildfire
• Threat Assessment 6 – Transportation Emergencies
- Figure 17 – Air Crash Hazards
8. Phase I and Limited Phase II Environmental Site Assessment, Brown and Caldwell , May 13, 2021 .
Appendix F
X. HYDROLOGY AND WATER QUALITY – Would the project:
a) Violate any water quality standards or waste
discharge requirements or otherwise
substantially degrade surface or ground water
quality?
Response:
Less than Significant.
Construction
Construction of the Project would require grading and excavation of soils, which would loosen sediment, which would then have the potential to mix with surface water runoff and degrade water quality. Pollutants of concern during Project construction include sediments, trash, petroleum products, concrete waste (dry and wet), sanitary waste, and chemicals. During construction activities, excavated soil would be exposed, and there would be an increased potential for soil erosion and transport of sediment downstream compared to existing conditions. During a storm event, soil erosion could occur at an accelerated rate. In ad dition, construction -related pollutants, such as chemicals, liquid and F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 60 City of Moreno Valley petroleum products (e.g., paints, solvents, and fuels), and concrete -related waste, could be spilled, leaked, or transported via stormwater runoff into adjacent drainages and into downs tream receiving waters.
City requirements for stormwater pollution prevention are outlined in Chapter 8.10, Stormwater/Urban Runoff Management and Discharge Controls, of the City’s Municipal Code. These types of water quality impacts during construction of the Project would be prevented through implementation of a SWPPP, included as PPP WQ-1, that is required to identify all potential sources of pollution that are reasonably expected to affect the quality of storm water discharges from the construction site. The SWPPP would include construction BMPs such as:
Prompt revegetation of proposed landscaped/grassed swale areas; Perimeter gravel bags or silt fences to prevent off-site transport of sediment; Storm drain inlet protection (filter fabric gravel bags and straw wattles), with gravel bag check dams within paved roadways;
Regular sprinkling of exposed soils to control dust during construction and soil binders for forecasted wind storms;
Specifications for construction waste handling and disposal; Contained equipment wash-out and vehicle maintenance areas; Erosion control measures including soil binders, hydro mulch, geotextiles, and hydro seeding of disturbed areas ahead of forecasted storms;
Construction of stabilized construction entry/exits to pre vent trucks from tracking sediment on City roadways;
Construction timing to minimize soil exposure to storm events; and Training of subcontractors on general site housekeeping.
Adherence to the existing requirements and implementation of the appropriat e BMPs as ensured through the City’s construction permitting process, which would ensure that the Project would not violate any water quality standards or waste discharge requirements, potential water quality degradation associated with construction activi ties would be minimized, and impacts would be less than significant.
Operation
The operation of a new residential community consisting of 67 single family residential units would introduce pollutants such as, chemicals from household cleaners, nutrients f rom fertilizer, pesticides and sediments from landscaping, domestic trash and debris, and oil and grease from vehicles. These pollutants could potentially discharge into surface waters and result in degradation of water quality.
Thus, the project would be required to comply with existing regulations that limit the potential for pollutants to discharge from the site.
City of Moreno Valley Water Quality Ordinance (Municipal Code Section 9.10.080) requires compliance with standards approved by the California Department of Public Health or other governmental agency having jurisdiction over liquid and solid waste . The Project would be required to incorporate a Water Quality Management Plan (WQMP) based on the anticipated pollutants that could result from the project. The BMP would include pollutant source control features and pollutant treatment control features. In addition, the City requires the project to infiltrate, evapotranspire, or biotreat/biofilter the 85th percentile 24-hour storm event.
The Project pro poses catch basins to collect stormwater runoff and direct flows to two proposed bioretention basins for treatment prior to discharging into existing drainage facilities near Oliver Street.
Bioretention basins would be vegetated with grasses and would slow stormwater flows and filter pollutants (i.e., sediments, nutrients, heavy metals, oxygen demanding substances, oil and grease, bacteria, and pesticides) within the Project site. Bioretention Basin 1 ( 4,200 square feet) would be F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 61 City of Moreno Valley located at the northeast intersection of Oliver Street and Brodiaea Avenue and Bioretention Basin 2 (3,000 square feet) would be located at the northwest corner of the Project site, just north of Lot 47.
With implementation of the operational source and treatment control BMPs th at are outlined in the preliminary WQMP (Appendix G) that would be reviewed and approved by the City during the permitting and approval process, potential pollutants would be reduced to the maximum extent feasible, and implementation of the Project would not substantially degrade water quality. Therefore, impacts would be less than significant.
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater
recharge such that the project may impede
sustainable groundwater management of the
basin?
Response:
Less than Significant. The Project is located in the San Jacinto Groundwater Basin. The San Jacinto Groundwater Basin underlies the cities of San Jacinto, Perris, Moreno, and Menifee Valley in western Riverside County. Development of the Project would introduce large areas of imper vious surfaces to the site. However, the Project would install an onsite storm drain system that would convey runoff to catch basins to collect stormwater runoff and direct flows to two proposed bioretention basins for treatment prior to discharging into existing drainage facilities near Oliver Street. In addition, the Project includes approximately 1.1 acres of landscaping that would infiltrate stormwater onsite. As a result, the Project would not decrease groundwater supplies or interfere substantially with groundwater recharge; and the Project would not impede sustainable groundwater management of the basin. Thus, the Project would have a less than significant impact.
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i) Result in substantial erosion or siltation on - or
off-site?
Response:
Less than Significant with Mitigation.
Construction
Construction of the Project would require grading and excavation of soils, which would loosen sediment and could result in erosion or siltation. Approximately 8.77 acres would be disturbed as part of Project construction. However, as described previously, construction of the Project requires City approval of a SWPPP prepared by a Qualified SWPPP Developer, as included by PPP WQ -1. The SWPPP is required during the City’s plan check and permitting process and would include construction BMPs to reduce erosion or siltation. Typical BMPs for erosion or siltation, include use of silt fencing, fiber rolls, gravel bags, stabilized construction driveway, and stockpile management (as described in the previous above). Adherence to the existing requirements and implementation of the required BMPs per the plan check and permitting process would ensure that erosion and siltation associated with construction activities would be minimized, and impacts would be less than significant.
Operation
The Project site is currently vacant and contains approximately 0.05 acres of ephemeral stream that would be considered CDFW jurisdictional waters. The Project would introduce approximately 5.7 acres of impervious surfaces to the Project and result in impacts to approximately 0.0 5 acres of CDFW jurisdictional ephemeral stream. As specified in MM BIO -2, a 1602 Streambed Alteration Agreement would be obtained, waste discharge requirements (WDR) would be developed, and offsite mitigation would be purchased at a 2:1 ratio. The pervious surfaces remaining on the site would be landscaped.
There would be no substantial areas of bare or disturbed soil onsite subject to erosion. In addition, the Project is required to implement a WQMP that would provide operational BMPs to ensure that operation F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 62 City of Moreno Valley of the Project would not result in long term erosion or siltation. Proposed stormwater infrastructure would slow and retain stormwater, which would also limit the p otential for erosion or siltation. With implementation of these regulations and MM BIO-2, impacts related to erosion or siltation onsite or off- site would be less than significant.
ii) Substantially increase the rate or amount of
surface runoff in a manner which would result in
flooding on- or offsite?
Response:
Less than Significant. As discussed in Section X(a) above, during construction a SWPPP would be implemented to control drainage. Stormwater drainage infrastructure proposed within the Preliminary WQMP as part of the Project maintains existing drainage patterns across the Project site.
The Project would introduce approximately 5.7 acres of impervious surfaces to the Project and result in impacts to approximately 0.05-acres of ephemeral stream. Also, as discussed in the hydrology report prepared for the Project (see Appendix H), drainage runoff from the Project site would be handled by adequately sized and proper ly operating drainage facilities. The Project would include two onsite stormwater treatment areas (bioretention basins). Bioretention Basin 1 (4,200 square feet) would be located at the northeast intersection of Oliver Street and Brodiaea Avenue and Bioretention Basin 2 (3,000 square feet) would be located at the southeast corner of the Project site, just north of Lot 47.
Offsite street improvements are proposed on Oliver Street and Brodiaea Avenue to build out ultimate curb and gutter along the Project frontage. All onsite runoff would flow to the southeast as per the existing drainage path. The east side of the site would flow towards MDP Line H -2 along the east of the Project site and the west side would drain towards the proposed extension MDP Line H at the intersection of Brodiaea Avenue and Oliver Street. Proposed bioretention basins would be sized for the appropriate design capture volume, and the proposed storm drain facilities would be able to capture runoff and the Project would not result in flooding on- or off-site. Therefore, impacts would be less than significant.
iii) Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted runoff?
Response:
Less than Significant. As described in the previous responses, the Project would be required to implement a SWPPP (included as PPP WQ-1) during construction that would implement BMPs, such as the use of silt fencing, fiber rolls, and gravel bags, that would ensure that runoff would not substantially increase during construction, and that pollutants would not discharge from the project site, which would reduce potential impacts to drainage systems and water quality to a less than significant level.
See response to Section X(c )(ii), above. The Project would introduce approximately 5.7 acres of impervious surfaces to the Project and result in impacts to approximately 0.05 acre of ephemeral stream. Proposed drainage improvements would be sized to capture, filter, and infiltrate runoff from the 85 th percentile 24-hour storm event. Development of the Project would not create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems and impacts would be less than significant.
iv) Impede or redirect flood flows?
Response:
Less than Significant. According to FEMA’s FIRM Flood Map, the Project site is classified as Zone A, special flood hazard area subject to inundation by the one percent annual chance flood with no base flood elevation determined. As specified under Municipal Code Section 8.132.150, Development Permit, the Project applicant would be required to obtain a development permit prior to construction of the Project. The City would review the permit application to ensure development would not be subject F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 63 City of Moreno Valley to significant flood hazard and structures would be floodproofed. Thus, the Project would not impede or redirect flood flows, and impacts would be less than significant. d) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation?
Response:
Less than Significant. As discussed in X(c)(iv), the Project site is classified as Zone A, special flood hazard area subject to inundation by the one percent annual chance flood with no base flood elevation determined. However, a SWPPP and WQMP would be prepared and implemented as part of the Project to ensure pollutants are contained and would not be released from the Project site during construction. Post construction stormwater infrastructure would ensure capture and treatment of storm flows up to the 85th percentile 24-hour storm. Therefore, the Project would not be subject to significant flood hazard and impacts would be less than significant.
The Project site is located approximately 45 miles northeast of the Pacific Ocean and separated by the Santa Ana Mountains. Therefore, the Project is not located within a tsunami zone and no impacts would occur.
Similarly, a seiche is the sloshing of a cl osed body of water from earthquake shaking. Seiches are of concern relative to water storage facilities because inundation from a seiche can occur if the wave overflows a containment wall, such as the wall of a reservoir, water storage tank, dam, or other artificial body of water. The Perris Reservoir is located approximately three miles southeast of the Project site.
As such, the site is not located within a seiche zone. Therefore, no impacts would occur. e) Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater management plan?
Response:
Less than Significant. As described previously, the Project would be required to have an approved SWPPP, which would include construction BMPs to minimize the potential for construction related sources of pollution. For operations, the Project would be required to implement source control BMPs to minimize the introduction of pollutants; and treatment control BMPs to trea t runoff. With implementation of the operational source and treatment control BMPs that would be required by the City during the permitting and approval process, potential pollutants would be reduced to the maximum extent feasible, and implementation of the Project would not obstruct implementation of a water quality control plan.
Also as described previously, the Project site is within the San Jacinto groundwater basin. Because pumping in the groundwater basin is managed, which limits the allowable withdrawal of water from the basin by water purveyors, and the Project does not involve groundwater pumping (as water supplies would be provided by the City), the Project would not conflict with or obstruct a groundwater management plan, and impacts would be less than significant.
Existing Plans, Programs, or Policies (PPPs)
PPP WQ-1: Prior to grading permit issuance, the project developer shall have a Stormwater Pollution Prevention Plan (SWPPP) prepared by a QSD (Qualified SWPPP Developer) pursuant to the Municipal Code Section 8.21.170 . The SWPPP shall incorporate all necessary Best Management Practices (BMPs) and other City requirements to comply with the National Pollutant Discharge Elimination System (NPDES) requirements to limit the potential of pollut ed runoff during construction activities.
Project contractors shall be required to ensure compliance with the SWPPP and permit periodic inspection of the construction site by City of Moreno Valley staff or its designee to confirm compliance.
Project Design Features (PDFs)
None.
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 64 City of Moreno Valley Mitigation Measures
None.
Sources:
1. Moreno Valley General Plan 2040, adopted April 2, 2021 • Chapter 6 – Safety Element
• Chapter 7 – Conservation Element
2. Draft Environmental Impact Report City of Moreno Valley General Plan, published April 2, 2021 • Section 4.10 – Hydrology and Water Quality
3. Title 8 – Buildings and Construction of the Moreno Valley Municipal Code • Chapter 8.10 – Stormwater/Urban Runoff Management and Discharge Controls • Chapter 8.11 – Flood Damage Prevention and Implementation of National Flood Insurance Program (NFIP)
• Chapter 8.12 – Flood Damage Prevention
• Chapter 8.21 – Grading Regulations
4. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code • Section 9.10.080 – Liquid and Solid Waste
5. Preliminary Water Quality Management Plan, Adkan Engineers, August 2021, Appendix G.
6. Hydrology Report, Adkan Engineers, August 2021, Appendix H.
7. Federal Emergency Management Agency, Federal Insurance Rate Map, Map Number 06065C0770G, August 2008
8. California Department of Water Resources, California’s Groundwater Bulletin 118, Hydrologic Region South Coast San Jacinto Groundwater Basin, January 2006
XI. LAND USE AND PLANNING – Would the project:
a) Physically divide an established community?
Response:
No Impact. Surrounding land uses consist of Discovery Christian Church to the north, vacant land (that is being developed) to the east, Oliver Street followed by vacant land to the west, and Brodiaea Avenue followed by single -family residences to the south . The Project would require a General Plan Amendment from R5 Residential to R10 Residential and zone change from R5 to RS10 .. The Project would not introduce roadways or other infrastructure improvements that would bisect or transect the Project site or surrounding area. The proposed residential uses would be compatible with the surrounding land uses, as it would introduce new residential uses in an area with similar uses. As such, the Project would not physically divide an established community and no impacts would occur. b) Cause a significant environmental impact due to
a conflict with any land use plan, policy, or
regulation adopted for the purpose of avoiding
or mitigating an environmental effect?
Response:
Less than Significant. The documents regulating land use for the Project site and immediate vicinity are the City’s General Plan and Municipal Code. The Project’s relationship to these planning documents is described below.
General Plan. The Project site is currently designated R5 Residential by the Moreno Valley General Plan. The Project includes a General Plan Amendment that would change the designation from R5 Residential to R10 Residential. As discussed in the General Plan, the primary purpose of areas designated R10 Residential is to provide for a variety of residential products and to encourage innovation in housing types. Developments within Residential 10 areas are typically expected to provide amenities not generally found in suburban subdivisions, such as common open space and recreational areas. The maximum allowable density shall be 10 dwelling units per acre. In addition, the Project would include a CUP for a PUD which allows for flexibility in the desig n standards. As shown in Table LU-1, the Project would be consistent with applicable General Plan policies. As shown in Table F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 65 City of Moreno Valley LU-1, the Project would be consistent with applicable General Plan policies and the Project would not conflict with the land use plan.
Table LU-1: General Plan Consistency
General Plan Policy Project Consistency
Land Use Element
LCC.1.1: Foster a balanced mix of employment,
housing, educational, entertainment, and
recreational uses throughout the city to support a
complete community.
Consistent. The Project would provide 67 single-
family residences that would contribute to new
housing in the City.
LCC.1-2: Expand employment opportunities
locally and provide sufficient lands for
commercial, industrial, residential and
public/quasi-public uses while ensuring that a
high quality of life is maintained in Moreno Valley.
Consistent. The Project would provide new
residential use s and temporary employment
opportunities during construction.
LCC. 1-4 Focus new development in centers and
corridors so as to support the vitality of existing
businesses, optimize the use of utility
infrastructure, and reduce vehicle trip frequency,
length, and associated emissions.
Consistent. The Project would develop single -
family residences in an area that was planned for
residential development. As discussed in Section
XVII, the Project is less than the City’s Vehicle
Miles Traveled (VMT) screening threshold of 100
lots and would not require a VMT analysis.
LCC.1-7: Support the continued buildout of
residential areas as needed to meet the
community's housing needs.
Consistent. As discussed above, the Project
would provide 67 single -family residences that
would contribute to meeting the City’s housing
needs.
LCC 1 -12: Balance levels of employment and
housing within the community to provide more
opportunities for Moreno Valley residents to work
locally, cut com -mute times, and improve air
quality
Consistent. Section 4.14 of the City’s General
Plan states that there was a total of 55,328
residential units and 44,331 total jobs in 2018. In
2040, it is projected that the City would have
83,246 jobs and 72,737 households. The Project
would be within the anticipated increase in
households as it would develop single -family
residences within an area that was planned for
residential uses.
LCC 2-2: Require that proposed projects in the
Downtown Center prepare an area plan
demonstrating consistency with the principles
outlined in Table LCC -2 and the illustrative
development program shown in Table LCC -3
prior to approval. Development on smaller parcels
may satisfy this requirement with a site plan.
Consistent. An area plan was prepared for the
proposed Project that would be reviewed by the
City to ensure all development standards meet
the requirements set by the RS10 zone.
LCC 2-10: Create an attractive, safe environment
for bicycles and pedestrians that promotes
"micro-mobility" and connectivity within the
Downtown Center as well as encourage electric
and autonomous vehicles.
Consistent. The proposed Project would include
new internal streets with sidewalks which would
enhance walkability throughout the Project site. In
addition, the Project includes sidewalks along the
Project’s frontage on Alessandro Boulevard,
Brodiaea Avenue, and Oliver Street.
LCC 2 -11: Allow for the evolution of the
Downtown Center and encourage site planning
that facilitates redevelopment of sites within the
core of the area in the future as land values
increase and higher development intensities
become more financially feasible.
Consistent. The Project would be on the outskirts
of the Downtown Center and would develop an
underutilized site to provide housing within the
City.
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 66 City of Moreno Valley LCC 2 -18: Design and build new internal
roadways with narrower widths, ample sidewalks,
and street parking to help create a more intimate
walkable feel in the areas.
Consistent. The Project includes new internal
streets with sidewalks that would create
walkability within the residential development.
LCC 2 -21: Orient residential uses to the street
and discourage the use of walls and fences.
Employ a variety of techniques to buffer
residential uses on the corridors from traffic and
noise, including setbacks, landscaping, stoops,
and raised entries.
Consistent. The Project would orient the
residences to the new internal streets. The
residences would in clude setbacks and
landscaping which would be reviewed by the City
to ensure the residences are buffered.
LCC 2 -25: Encourage the development of
bicycle, pedestrian, and transit access that
reduces the need for on-site parking. Improve the
pedestrian expe rience within these corridors
through street trees and landscaping
Consistent. The Project includes new internal
streets that would include curb and gutter which
provides pedestrian access throughout the site
and along the frontage. The Project would also
include landscaping throughout.
LCC. 2-30: Establish parks and plazas to serve
as meeting areas in new neighborhoods and
ensure a safe and secure environment through
the development review and approval process.
Consistent. The Project includes a 0.56 -acre
open space pedestrian trail that would be used for
active recreation within the residential area.
LCC. 3 -5: Incorporate prominent corner
architectural features, such as prominent entries
or corner towers, on new developme nt at key
intersections or gate-ways.
Consistent. The Project would be developed
northeast of the Brodiaea Avenue and Oliver
Street intersection. The Project would include
frontage improvements and prominent entries
from both streets.
LCC. 3 -6: Maintain continuity in streetscape
design along major streets and avenues that
traverse the city north to south and east to west.
Consistent. Roadways surrounding the Project
site would be landscaped consistent with the City
of Moreno Valley Landscape Design Guidel ines
and complimentary to existing landscaping of
adjacent development.
LCC. 3-7: Continue to support community identity
with streetscape improvement and beautification
projects in both existing residential areas and
commercial centers, as well as new mix ed-use
areas that incorporate unified landscaping and
pedestrian amenities. Amenities should include
bus shelters, pedestrian safety treatments such
as sidewalk bulb-outs and widening and improved
crosswalks, and city -branded decorative
elements such as street lighting, concrete pavers,
tree grates, and theme rails.
Consistent. The Project would include frontage
improvements along Brodiaea Avenue and Oliver
Street which would include landscaping along the
Project’s frontage and street lighting , and would
be located near transit stops, including
Alessandro/Oliver, Roadways surrounding the
Project site would be landscaped consistent with
the City of Moreno Valley Landscape Design
Guidelines and complimentary to existing
landscaping of adjacent development
LCC. 3 -12: Promote the preservation,
maintenance, and improvement of property
through code enforcement to mitigate or eliminate
deterioration and blight conditions, and to help
encourage new development and reinvestment.
Consistent. The Project would comply w ith all
applicable development standards outlined in the
City’s Municipal Code.
LCC. 3-13: New and retrofitted fences and walls
should incorporate landscape elements and
changes in materials or texture to deter graffiti and
add visual interest.
Consistent. The fences and walls throughout the
Project would be designed with materials and
textures to deter graffiti and would include
landscaping in the surrounding areas to enhance
visual interest.
LCC. 3-14: Within individual residential projects,
a variety of floor plans and elevations should be
offered
Consistent. The Project includes three floor
plans and three elevation types with a variety of
color schemes, that would provide a variety of
options within the residential Project.
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 67 City of Moreno Valley LCC. 3 -15: Encourage building placement
variations, roofline variations, architectural
projections, and other embellishments to enhance
the visual interest along residential streets.
Consistent. The Project would include three
plans that would be designed to meet the City’s
design standards.
LCC. 3 -16: Design large -scale small lot single
family and multiple family residential projects to
group dwellings around individual open space
and/or recreational features.
Consistent. As mentioned previously, the Project
would include a 0.56-acre open space pedestrian
trail and internal sidewalks to provide active
recreation throughout the Project.
LCC. 3 -18: Design internal roadways so that
direct access is available to all structures visible
from a particular parking area entrance in order to
eliminate unnecessary vehicle travel, and to
improve emergency response.
Consistent. The Project includes i nternal
roadways that would provide access from
Brodiaea Avenue and Oliver Street. The internal
roadways would be reviewed by th e City in order
to ensure adequate emergency access is
provided.
Circulation Element
C.2-5: Prohibit points of access from conflicting
with other existing or planned access points.
Require points of access to roadways to be
separated sufficiently to main tain capacity,
efficiency, and safety of the traffic flow
Consistent. As discussed further in Section XVII,
Project driveways would be adequately spaced to
ensure safety. The Project would be reviewed by
the City in order to ensure access points are
designed per City standards.
C.2-7: Plan access and circulation of each
development project to accommodate vehicles
(including emergency vehicles and trash trucks),
pedestrians, and bicycles.
Consistent. As discussed further in Section XVII,
the Project would include two driveways from
Oliver Street and Brodiaea Avenue. Additionally,
the Project would include sidewalks throughout
the internal streets and along Oliver Street and
Brodiaea Avenue to ensure pedestrian access to
the site.
C.2-8: For developments fronting both sides of a
street, require that streets be constructed to full
width. Where new developments front only one
side of a street, require that streets be constructed
to half width plus an additional 12 -foot lane for
opposing traffic, wheneve r possible. Additional
width may be needed for medians or left and/or
right turn lanes.
Consistent. The Project would comply with the
roadway minimums required by the City , and
required half -width street improvements along
Oliver Street and Brodiaea Avenue.
C.3-4: Require development projects to complete
traffic impact studies that conduct vehicle miles
traveled analysis and level of service assessment
as appropriate per traffic impact study guidelines
Consistent. As discussed further in Section XVII,
per the City’s Traffic Impact Study guidelines, the
Project screens out of a VMT analysis. As such,
the Project would have a less than significant
impact on VMT.
C. 3-6: Require new developments to participate
in Transportation Uniform Mitigation Fee Program
(TUMF), the Development Impact Fee Program
(DIF) and any other applicable transportation fee
programs and benefit assessment districts.
Consistent. The Project would contribute
development impact fees pursuant to the City’s
Municipal C ode, includin g the payment of the
regional TUMF fee.
C. 3-8: Ensure that new development pays a fair
share of costs to provide local and regional
transportation improvements and to mitigate
cumulative traffic deficiencies and impacts.
Consistent. As discusse d above, the Project
would contribute development impact fees as
required by the City.
C.4-4: All new developments shall provide
sidewalks in conformance with the City’s streets
cross-section standards, and applicable policies
for designated urban and rural areas.
Consistent. The Project would include
development of a new sidewalk and curb along
Brodiaea Avenue and Oliver Street . Sidewalks
would be reviewed by the City to ensure plans
meet the City’s cross-section standards.
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 68 City of Moreno Valley C. 5-3: Encourage bicycling as a n alternative to
single occupant vehicle travel for the purpose of
reducing fuel consumption, traffic congestion, and
air pollution.
Consistent. The Project includes new internal
streets and frontage improvements along
Brodiaea Avenue and Oliver Street tha t would
include bike lanes for bicycling.
Parks & Public Services
PPS. 1 -1: Increase the acreage of parks in
Moreno Valley to serve the needs of the growing
population and maintain a standard of three acres
of parkland per 1,000 residents.
Consistent. The Project would include a 0.56 -
acre open space pedestrian trail and would
contribute development fees for the remainder .
The Project would be required to provide a
minimum of 0.81 acres of parkland dedication
(based on 270 new residents anticipated to result
from the Project as described in Section XIV,
Population and Housing) applying the Quimby Act
ratio of “3 acres per 1,000 residents”. The Project
would substantially comply with the Quimby Act,
codified as Chapter 3.40 in the City’s Municipal
Code, and the difference (deficiency), of
approximately 0.25 acres, will require the
payment of an in-lieu fee.
PPS.1-2: Require that proponents of new
development projects contribute to the acquisition
and development of adequate parks and
recreational facilities within the community, either
through the dedication of park land or the
payment of in-lieu fees.
Consistent. The Project would include the
payment of all applicable in -lieu fees for the
provision of parkland in addition to the 0.56 -acre
park provided onsite, as conditioned by the City.
PPS. 1 -4: Design and construct parks, public
spaces and recreational facilities for flexible use,
energy efficiency, adaptability over time, and
ease of maintenance
Consistent. The Project would construct a 0.56-
acre open space pedestrian trail that would
undergo City review to ensure the trail allows for
flexible use and ease of maintenance.
PPS 1-5: Use site design, landscaping, lighting,
and traffic calming measures to create safe parks
and open spaces integrated with adjacent
developments.
Consistent. The Project includes an Area Plan
(PUD Document) that would be reviewed by the
City to ensure adequate design, lighting,
landscaping, and park space has been met.
PPS.3-6: Continue to require that new
development make a fair share funding
contribution to ensure the provision of adequate
police and fire services
Consistent. The Project would include the
payment of all applicable fair share funding for
police and fire services, as conditioned by the
City.
PPS.3-7: Continue to engage the Police and Fire
Departments in the development review process
to ensure that projects are designed and operated
in a manner that minimizes the potential for
criminal activity and fire hazards and maximizes
the potential for responsive police and fire
services.
Consistent. The Project would be reviewed by
the City’s police and fire departments during its
development review process. Additionally, the
Project is required to comply with the provisions
of the California Fire Code, which would reduce
hazards related to fire.
PPS. 3 -8: Apply Crime Prevention through
Environmental Design principles in the design of
new development and encourage the provision of
adequate public lighting; windows overlooking
streets or parking lots; an d paths to increase
pedestrian activity within private development
projects and public facilities in order to enhance
public safety and reduce calls for service.
Consistent. The Project would include security
lighting throughout the residential development to
ensure adequate public lighting is provided.
PPS.4-3: Prior to the approval of any new
development application, continue to require “will
serve” letters from utility providers demonstrating
that adequate water and septic or sewer service
Consistent. The Project would be adequately
served by utility providers, as further discussed in
Section XIX. Additionally, the Project Applicant
would provide the City Planning Departme nt with
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 69 City of Moreno Valley capacity exi sts or will be available to serve the
development in a timely manner.
will serve letters for all needed utilities prior to
approval.
Safety
S.1-1: Continue to restrict the development of
habitable structures within Alquist -Priolo
Earthquake Fault Zones consistent with State
law.
Consistent. As previously discussed, the Project
is not located within an Alquist-Priolo zone.
S.1-4: Ensure that structures intended for human
occupancy are designed and constructed to retain
their structural integrity when subjected to seismic
activity, in accordance with the California Building
Code.
Consistent. As previously discussed, the Project
would be designed in accordance with the CBC
as included as PPP Geo-1.
S.1-9: Encourage project designs that minimize
drainage concentrations, minimize impervious
coverage, utilize pervious paving materials, utilize
low impact development (LID) strategies, and
utilize best management practices (BMPs) to
reduce stormwater runoff and minimize increases
in downstream runoff resulting from new
development.
Consistent. The Project would implement LID
strategies and BMPs to reduce stormwater runoff,
as discussed in Section X. The Project would
construct onsite catch basins to retain runoff.
S.1-10: Through development agreements and
compliance with adopted master drainage plans
and existing regulations, require that new
development provide necessary storm drainage
improvements and ensure that upstream
stormwater generators fully address stormwater
needs on their property.
S.1-15: Avoid, where feasible, locating new
development in areas subject to high wildfire risk.
If avoidance is not feasible, condition such new
development on implementation of measures to
reduce risks associated with that development.
Consistent. According to the CAL FIRE Fire
Hazard Severity Zone map, the Project site is not
within an area identified as a Fire Hazard Area
that may contain substantial fire risk or a Very
High Fire Hazard Severity Zone (VHFHSZ) (CAL
FIRE 2021).
S.1-23: Continue to require remediation of
hazardous material releases from p revious land
uses as part of any redevelopment activities.
Consistent. As discussed in Section IX, the
Project would not require remediation o f
hazardous material releases from previous land
uses.
Noise
N.1-4: Require a noise study and/or mitigation
measures if applicable for all projects that would
expose people to noise levels greater than the
“normally acceptable” standard and for any other
projects that are likely to generate noise in excess
of these standards.
Consistent. As discussed further in Section XIII,
a Noise Impact Analysis was prepared for the
Project. As discussed in the Noise Impact
Analysis, construction and operational noise
impacts would be less than significant. The
Project would not expose adjacent sensitive
receptors to excessive noise levels. N.1-5: Noise impacts should be controlled at the noise source where feasible, as opposed to at
receptor end with measures to buffer, dampen, or
actively cancel noise sources. Site design,
building orientation, building design, hours of
operation, and other techniques, for new
developments deemed to be noise generators
shall be used to control noise sources.
N.1-6: Require noise buffering, dampening, or
active cancellation, on rooftop or other outdoor
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 70 City of Moreno Valley mechanical equipment located near residences,
parks, and other noise sensitive land uses.
N.2-3: Limit the potential noise impacts of
construction activities on surrounding land uses
through noise regulations in the Municipal Code
that address allowed days and hours of
construction, type s of work, construction
equipment, and sound attenuation devices.
Consistent. As discussed further in Section XIII,
a Noise Impact Analysis was prepared for the
Project. As discussed in the Noise Impact
Analysis, impacts related to noise and vibration
would be less than significant.
Environmental Justice
EJ.1-6: Ensure that construction and grading
activities minimize short -term impacts to air
quality by employing appropriate mitigation
measures and best practices.
Consistent. As discussed in Section III,
construction emission levels would be below the
thresholds established by the SCAQMD.
Therefore, Project air quality impacts during
construction and grading would be minimized.
EJ.1-8: Support the incorporation of new
technologies and design and construction
techniques in new development that minimize
pollution and its impacts.
Consistent. As discussed in Section III, the
Project would be consistent with Title 24
requirements and construction emission levels
would be below the thresholds established by the
SCAQMD.
Municipal Code
As discussed previously, the Project would require a zone change from Residential (R5) to Residential Single-Family (RS10). As described previously in Table AES-1, the Project would be consistent with the development standards for the RS10 zoning district upon the approval of the Area Plan (CUP for the PUD). Thus, the Project would not conflict wi th any applicable zoning regulations adopted for the purpose of avoiding or mitigating an environmental effect and impacts would be less than significant.
Existing Plans, Programs, or Policies (PPPs)
None.
Project Design Features (PDFs)
None.
Mitigation Measures
None.
Sources:
1. Moreno Valley General Plan, adopted June 15, 2021
• Chapter 2 – Land Use and Community Character
• City of Moreno Valley Housing Element 2021-2029, prepared February 2021
2. Final Environmental Impact Report City of Moreno Valley General Plan, certified June 15, 2021 • Section 4.14 – Population and Housing
3. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code
XII. MINERAL RESOURCES – Would the project:
a) Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state?
Response:
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 71 City of Moreno Valley No Impact. The Project site is vacant yet disturbed and is not used for mineral extractions. As discussed in the General Plan , the City does not have active mineral resource extraction facilities.
Furthermore, the Project site has a classification of MRZ -3, indicating areas of undetermined mineral resource significance and is planned for residential uses by the Moreno Valley General Plan .
Therefore, development of the Project would not result in impacts related to mineral resources.
b) Result in the loss of availability of a locally-
important mineral resource recovery site
delineated on a local general plan, specific plan,
or other land use plan?
Response:
No Impact. No sites have been designated as locally-important mineral resource recovery sites on any local plan within the City of Moreno Valley. Therefore, implementation of the Project would not result in the loss of availability of a locally-important mineral resource recovery site as delineated on a local plan. Thus, development of the Project would not have a significant impact on mineral resources.
Existing Plans, Programs, or Policies (PPPs)
None.
Project Design Features (PDFs)
None.
Mitigation Measures
None.
Sources:
1. Moreno Valley General Plan, adopted June 15, 2021
• Chapter 10 – Open Space and Resource Conservation
2. Final Environmental Impact Report City of Moreno Valley General Plan, certified May 20, 2021 • Section 4.12 – Mineral Resources
3. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code • Section 9.02.120 – Surface Mining Permits
4. Moreno Valley Municipal Code Section 8.21.020 – Permits Required
5. The Surface Mining and Reclamation Act of 1975 (SMARA, Public Resources Code, Sections 2710 - 2796), https://www.conservation.ca.gov/dmr/lawsandregulations
XIII. NOISE – Would the project result in:
a) Generation of a substantial temporary or
permanent increase in ambient noise levels in
the vicinity of the project in excess of standards
established in the local general plan or noise
ordinance, or applicable standards of other
agencies?
Response:
Less than Significant.
City of Moreno Valley Municipal Code
Section 9.10.030 Performance Standards – Exemptions. The following uses or activities are exempt from the provisions of this chapter:
A. Emergency equipment, vehicles, devices and activities.
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 72 City of Moreno Valley B. Temporary construction, maintenance, or demolition activities between the hours of seven a.m. and seven p.m.
Section 9.10.170 Performance Standards – Vibration. No vibration shall be permitted which can be felt at or beyond the property line.
Section 11.80.030 Prohibited Acts
A. General Prohibition. It is unlawful and a violation of this chapter to maintain, make, cause, or allow the making of any sound that causes a noise disturbance, as defined in Section 11.80.020.
B. Sound causing permanent hearing loss.
1. Sound level limits. Based on statistics from the Center for Disease Control and Prevention and the National Institute for Occupational Safety and Health, Table 1 and Table 1-A specify sound level limits which, if exceeded, will have a high probability of producing permanent hearing loss in anyone in the area where the sound levels are being exceeded. No sound shall be permitted within the city which exceeds the parameters set for in Tables 11.80.030-1 [see Table N-1] and
11.80.030-1-A [see Table N-2] of this chapter:
Table N-1: City of Moreno Valley Maximum Continuous Sound Levels Duration per Day (Continuous Hours) Sound Level [dB(A)] 8 90
6 92
4 95
3 97
2 100
1.5 102
1 105
.5 110
.25 115
Source: City of Moreno Valley Municipal Code Section 11.80.030.
Table N-2: City of Moreno Valley Maximum Impulsive Sound Levels Number of Repetitions per 24-Hour Period Sound Level [dB(A)] 1 145
10 135
100 125
Source: City of Moreno Valley Municipal Code Section 11.80.030.
C. Nonimpulsive Sound Decibel Limits. No person shall maintain, create, operate or cause to be operated on private property any source of sound in such a manner as to create any nonimpulsive sound which exceeds the limits set forth for the source land use category (as defined in Section
11.80.020) in Table 11.80.030-2 [see Table N-3] when measured at a distance of two hundred (200) feet or more from the real property line of the source of the sound, if the sound occurs on privately owned property, or from the source of the sound, if the sound occurs on public right -of-way, public space or other publicly owned property. Any source of sound in violation of this subsection shall be deemed prima facie to be a noise disturbance.
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 73 City of Moreno Valley Table N-3: City of Moreno Valley Maximum Sound Levels for Source Land Uses Residential Commercial
Daytime1 Nightime2 Daytime1 Nightime2
60 55 65 60
Notes:
1 Daytime defined as 8:00 a.m. to 10:00 p.m.
2 Nighttime define as 10:01 p.m. to 7:59 a.m. the following day.
Source: City of Moreno Valley Municipal Code Section 11.80.030.
D. Specific Prohibitions. In addition to the general prohibitions set out in subsection A of this section, and unless otherwise exempted by this chapter, the following specific acts, or the causing or permitting thereof, are regulated as follows:
7. Construction and Demolition. No person shall operate or cause the operation of any tools or equipment used in construction, drilling, repair, alteration or demolition work between the hours of 8 p.m. and 7 a.m. the following day such that the sound there from creates a noise disturbance, except for emergency work by public service utilities or for other work approved by the city manager or designee. This section shall not apply to the use of power tools as provided in subsection (D)(9) of this section.
Existing Noise Levels
As detailed in the Noise Impact Analysis (Appendix I, to identify the existing ambient noise level environment, long term noise level measurements were taken at t wo locations in the Project study area. The short -term noise level measurements were positioned as close to the nearest sensitive receiver locations as possible to assess the existing ambient noise levels surrounding the Project site.
The existing noise levels are provided in Table N-4.
Table N-4: Existing (Ambient) Noise Measurement Results Site
No. Site Description1
Average
(dBA
Leq)
Maximum
(dBA
Lmax)
(dBA Leq 1-hour/Time) Average
(dBA
CNEL) Minimum Maximum
A
Located on a tree on the south side of the
project site, approximately 45 feet north of
Brodiaea Avenue centerline and 155 feet
east of Oliver Street centerline.
53.5 82.5 41.5
2:06 a.m.
59.0 7:22 a.m. 58.8
B
Located on a fence at the northwest corner
of the project site, approximately 40 feet
east of Oliver Street centerline.
60.9 85.3 48.2
2:28 a.m.
66.1 10:57
a.m.
63.6 1Noise measurements were taken with two Extech Model 407780 Type 2 sound level meters from Wednesday, September 22, 2021 to Thursday, September 23, 2021.Source: Noise Impact Analysis (Appendix I)
Construction
As described above, construction noise sources are regulated within the City of Moreno Valley under section 11.80.030 which prohibits construction activities other than between the hours of 7:00 a.m. to 8:00 p.m. Monday through Friday, excluding holidays and from 8:00 a.m. to 4:00 p.m. on Saturday. To evaluate whether the Project would gener ate potentially significant short -term noise levels at offsite sensitive receiver locations, a construction-related noise threshold of 60 dBA Leq (Vista Environmental, 2021).
Noise impacts from construction activities associated with the Project would be a function of the noise generated by construction equipment, equipment location, sensitivity of nearby land uses, and the timing and duration of the construction activitie s. Construction noise associated with the Project was calculated utilizing methodology presented in the FTA Transit Noise and Vibration Impact Assessment F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 74 City of Moreno Valley Manual (2018) together with several key construction parameters including: distance to each sensitive receiver, equipment usage, percent usage factor, and baseline parameters for the Proje ct site, which are listed in Table N-5 below.
For the purposes of the Noise Impact Analysis, the closest sensitive receivers include a church located 65 feet north of the Project site and a single-family home located as near as 85 feet to the south of the Project site. The noise monitoring locations are located in Figure N -1: Noise Monitoring Locations , below.
For each phase of construction, the two nosiest pieces of construction equipment were analyzed based on being placed in the middle of the Project site, which is based on the analysis methodology detailed in FTA Manual for a General Assessment. In order to account for Section 11.80.030(C) of the Municipal Code, each receiver was placed 200 feet back from the Project site property lines. Construction noise would be temporary in nature as the operation of each piece of construction equipment would not be constant throughout the construction day, and equipment would be turned off when not in use. The typical operating cycle for a piece of construction equipment involves one or two minutes of full power operation followed by three or four minutes at lower power settings.
Table N-5 Worst-Case Scenario Noise Levels at Sensitive Receptors Construction Phase
Construction Noise Level1 (dBA Leq) at:
Home to South Church to North
Site Preparation 57 62
Grading 58 63
Building Construction 57 63
Paving 51 56
Painting 48 53
City’s Noise Threshold2 60 65
Exceed Thresholds? No No
Notes:
1 The distance from the center of the project site to the north and south sides of the project site is 320 feet. Pursuant to Sectio n
11.80.030(C) of the Municipal Code an additional 200 feet was added, which result in both the home to south and church to north analyzed at 520 feet. For the home to the south, in order to account for the structures that are located within 200 feet of the project site property line, 5 dB of shielding was added to the RCNM Model. 2 City Noise Threshold obtained from Section 11.80.030(C) of the Municipal Code.
Source: Noise Impact Analysis (Appendix I)
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 75 City of Moreno Valley
Figure N-1 Noise Monitoring Locations
As shown in Table N-5, the unmitigated construction noise levels, when combined with existing ambient noise levels, are expected to range from 48 to 58 dBA Leq at the single-family residences, which would be less than the 60 dBA Leq significance threshold. In addition, the noise levels are expected to range from 53 to 64 dBA at the church to the north. Therefore, the noise impacts due to Project construction noise would be less than significant.
Operational Noise
Off Site Vehicle Noise
The Project would consist of the deve lopment of 67 detached single -family homes. Potential noise impacts associated with the operations of the Project would be from project-generated vehicular traffic on the nearby roadways. The noise impacts related to vehicular traffic were modeled in the N oise Impact Analysis using a version of the Federal Highway Administration (FHWA) Traffic Noise Prediction Model (FHWA-RD-77-108) and modified to account for the roadway active width and total average daily traffic (ADT). The existing year and future year with and without Project ADT noise levels were calculated. Table N-6 shows that at Project buildout, there would be a 0.3 dBA increase in noise due to the increase of Project -related traffic on Oliver Street. Table N-7 shows t hat in 2040, the Project would contribute a 0.5 dBA increase in noise due to the Project-related traffic. As the Project does not exceed the threshold of 3 dBA, impacts related to operational noise from traffic would be less than significant.
Table N-6: Existing Project Traffic Noise Contributions F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 76 City of Moreno Valley dBA CNEL at Nearest Receptor1
Increase
Threshol
d2 Roadway Segment
Existin
g
Existing
Plus
Project
Project
Contributi
on
Oliver Street South of Alessandro Boulevard 60.2 60.8 +0.6 +3 dB Notes:
1 Distance to nearest sensitive receptors described above, does not take into account existing noise barriers. 2 Increase Threshold obtained from MoVal 2040 FEIR, 2021.
Source: Noise Impact Analysis (Appendix I
Table N-7: Future Year 2040 Project Traffic Noise Contributions dBA CNEL at Nearest Receptor1
Increase
Threshol
d2 Roadway Segment
Year
2040
Year 2040
Plus
Project
Project
Contributi
on
Oliver Street South of Alessandro Boulevard 60.7 61.2 +0.5 +3 dB Notes:
1 Distance to nearest sensitive receptors described above, does not take into account existing noise barriers. 2 Increase Threshold obtained from MoVal 2040 FEIR, 2021.
Source: Noise Impact Analysis (Appendix I)
Onsite Operational Noise
Once the Project is operational, noise levels generated at the project site would occur from stationary equipment such as heating, ventilation, and air conditioning (HVAC) units that would be installed for the new development, internal street and driveway vehicle movements, t rash removal activity, and activity at outdoor gathering areas. Typical noise levels from onsite operations at 50 feet from the noise source include the following:
Air Conditioning Unit: 54.4 dBA L50
Trash Enclosure Activity: 49.0 dBA L50
Parking Lot Vehicle Movements: 33.5 dBA L50
Outdoor Community Recreation Activity: 48.7 dBA L50
Typically, air conditioning units are located away from sensitive receivers and shielded to ensure that noise from operation of the units does not have the potential to result in an impact. To ensure compliance with City Municipal Code standards, the City’s building and plan check permitting process includes verification that the location of operational noise sources would not result in an exceedance of the Municipal Code standards. Thus, the City’s standards development permitting process would ensure that the Project would not generate onsite operational noise that would exceed noise standards within the Project site or surrounding land uses.
General Plan Policy N ‐1.4 requires that new developments within the City to meet the “normally acceptable” standard. The “normally acceptable” noise standard for single ‐family homes is 65 dBA CNEL or less. The project site will have homes adjacent to Oliver Street that is adjacent to the west side of the project site , and to Brodiaea Avenue on the south side of the project. According to the Noise Study (Appendix I) the expected noise levels at the backyards for all proposed residential units adjacent to Oliver Street are expected to be within the City’s 65 dBA CNEL residential exterior noise standard without a sound wall condition. Brodieae Avenue is classified as a local roadway that consists of low traffic volumes at slower speeds and the traffic noise from Brodiaea Avenue would not make a significant contribution to the noise environment. As such, the noise level from Brodiaea Avenue is not required to be analyzed. Based on the above information, there would not be a significant impact.
b) Generation of excessive groundborne vibration
or groundborne noise levels?
Response:
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 77 City of Moreno Valley Less than Significant.
Construction
Construction activity can result in varying degrees of ground vibration, depending on the equipment and methods used, distance to the affected structures and soil type. It is expected that ground -borne vibration from Project construction activities would cause only intermittent, localized intrusion. Vibration impacts from construction activities associated with the Project would typically be created from the operation of heavy off -road equipment . Ground-borne vibration levels resulting from construction activities occurring within the Project site were estimated by data published by the Federal Transit Administration (FTA). Construction activities that would have the potential to generate low levels of ground-borne vibration within the Project site include grading. Equipment that is anticipated to be used during construction and vibration levels are outlines in Table N-8 below.
Table N-8: Vibration Source Levels for Construction Equipment Equipment
Peak Particle Velocity
(inches/second)
Approximate Vibration
Level
(Lv)at 25 feet
Pile driver (impact) Upper range
typical
1.518
0.644
112
104
Pile driver (sonic) Upper range
typical
0.734
0.170
105
93 Clam shovel drop (slurry
wall) 0.202 94
Vibratory Roller 0.210 94
Hoe Ram 0.089 87
Large bulldozer 0.089 87
Caisson drill 0.089 87
Loaded trucks 0.076 86
Jackhammer 0.035 79
Small bulldozer 0.003 58
Source: Federal Transit Administration, 2018.
The nearest vibration sensitive receptor to the Project site is the church located 65 feet north of the Project site. Since the City’s Municipal does not provide a quantifiable vibration level for construction activities, Caltrans guidance has been utilized, which defines the threshold of perception from transient sources at 0.25 inch per second PPV. Based on typical propagation rates, the vibration level at the nearest offsite structure (65 feet to the north) would be 0.03 inch per second PPV. The vibration level at the nearest offsite structure would be below the 0.25 inch per second PPV threshold detailed above.
Thus, impacts during construction would be less than significant.
Operation
The Project would consist of the development of 67 single-family homes. The ongoing operation of the Project would not include the operation of any known vibration sources other than typical onsite vehicle operations for a residential development. Therefore, a less than significant vibration impact is anticipated from operation of the Project.
c) For a project located within the vicinity of a
private airstrip or an airport land use plan or,
where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project expose people residing or
working in the project area to excessive noise
levels?
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 78 City of Moreno Valley Response:
No Impact. The Project would not expose people residing or working in the Project area to excessive noise levels from aircraft. The nearest airport is March Air Reserve Base that is located as near as 4.5 miles southwest of the Project site. The Project site is located outside of the 60 dBA CNEL noise contours of this airport. Therefore, the homes would not be exposed to excessive aircraft noise. No impact would occur from aircraft noise.
Existing Plans, Programs, or Policies (PPPs)
None.
Project Design Features (PDFs)
None.
Mitigation Measures
None.
Sources:
1. Moreno Valley General Plan, adopted July 15, 2021
• Chapter 7 – Noise
- Map N-1: Existing Noise Contours
2. Final Environmental Impact Report City of Moreno Valley General Plan, certified July 15, 2021 • Section 4.13 – Noise
3. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code • Section 9.10.140 Noise and Sound
4. Moreno Valley Municipal Code Chapter 11.80 Noise Regulations
5. March Air Reserve Base (MARB)/March Inland Port (MIP) Airport Land Use Compatibility Plan (ALUCP) on November 13, 2014, ( http://www.rcaluc.org/Portals/13/17%20- %20Vol.%201%20March%20Air%20Reserve%20Base%20Final.pdf?ver=2016 -08-15-145812-700)
XIV. POPULATION AND HOUSING – Would the project:
a) Induce substantial unplanned population growth
in an area, either directly (for example, by
proposing new homes and businesses) or
indirectly (for example, through extension of
road or other infrastructure)?
Response:
Less Than Significant Impact. The Project would construct 67 single -family detached residential units. The Southern California Association of Governments (SCAG) reports that the City’s population was 208,838 in 2020. The SCAG 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy Growth Forecast, adopted by the SCAG Regional Council on September 3, 2020, estimates that the Moreno Valley population will reach 266,800 in 2045 and the countywide population will reach 2,815,000 in 2045. According to the 2018 American Community Survey 5-Year Estimates, there were 50,620 households in the City of Moreno Valley. In 2020, the average household size was 3.85 persons per household (when reviewing the period between 2016 – 2020, the average household size was 4.04 persons per household according to the US Census).
Based on this information, the proposed 67 single -family residences would result in an increase of approximately 270 new residents. With the City having a total of 256,600 people, the addition of 2 70 new residents would represent a population increase of 0.1 percent and the new residential units would result in a 0.001 percent in crease in residential units within the City . The Southern California Association of Governments (SCAG) Demographics and Growth Forecast (SCAG 2021) forecasts 76,200 households in the City in year 2045, which is an increase of 25,580 residential units over the number of units in the City’s Housing Element. The Project would result in 0.26% of the total forecasted F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 79 City of Moreno Valley number of residential units by 2045. Based on the City’s forecasted growth projections, the Project would be well within the projected increase in people and households as anticipated within the City.
Thus, the project would not directly result in substantial unplanned growth. Therefore, potential impacts related to inducement of unplanned population growth, either directly or indirectly, would be less than significant.
b) Displace substantial numbers of existing people
or housing, necessitating the construction of
replacement housing elsewhere?
Response:
No Impact. The Project site is currently vacant yet disturbed and does not contain any housing or buildings. The Project would develop the site to construct 67 new single-family residences. As the Project would develop on vacant yet disturbed land, people and housing would not be displaced by implementation of the Project. In addition, the Project would provide housing within the City. Thus, no impact would occur.
Existing Plans, Programs, or Policies (PPPs)
None.
Project Design Features (PDFs)
None.
Mitigation Measures
None.
Sources:
1. California Department of Finance. January 2021. E -5 Population and Housing Estimates for Cities, Counties, and the State, 2011 -2020 with 2010 Census Benchmark. http://www.dof.ca.gov/Forecasting/Demographics/Estimates/E-5/
2. City of Moreno Valley Housing Element 2021-2029 http://www.moval.org/cdd/documents/general-plan- update/draft-docs/GP-Elements/HousingElement.pdf
3. Southern California Association of Governments Demographics and Growth Forecast. Table 14 Jurisdiction-Level Growth Forecast, September 2021
https://scag.ca.gov/sites/main/files/file-attachments/0903fconnectsocal_demographics-and-growth- forecast.pdf?1606001579
4. US Census Quick Facts for City of Moreno Valley, California:
https://www.census.gov/quickfacts/fact/table/morenovalleycitycalifornia/HSD310220#HSD310220
XV. PUBLIC SERVICES – Would the project:
a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental i mpacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
i) Fire protection?
Response:
Less than Significant. The Moreno Valley Fire Department (MVFD) would provide fire protection services to the Project. MVFD station number 99, located at 13400 Morrison Street, is the closest fire station to the Project site. Fire station 99 is approximately 1.7 roadway miles or 4 minutes away from the Project site. As part of the permitting process, the Project plans would be reviewed by the City’s F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 80 City of Moreno Valley Fire Department and the Building and Safety Department (pa rt of the Community Development Department) to ensure that the Project plans meet the fire protection requirements. Additionally, the proposed residences would be required to comply with City fire suppression standards including current California Building Code and would provide adequate fire access.
Due to the increase in onsite people that would occur from implementation of the Project, an incremental increase in demand for fire protection and emergency medical services would occur.
However, the increase in residents onsite is limited, and would not increase demands such that the existing fire station would not be able to accommodate servicing the Project in addition to its existing commitments, and provision of a new or physically altered fire station would not be required that could cause environmental impacts. The MVFD Strategic Plan has identified future fire stations within the planning area that would be developed as the need for fire stations and emergency services increases with future development. In addition, the City’s General Plan adopted on June 15, 2021, anticipates approximately 43,882 residents within the Planning Area by 2040 which would necessitate construction of additional fire stations. As mentioned in Section XIV, the Project would generate approximately 270 new residents within the City which would result in 0.61% of the total expected increase . Thus, the Project would have a less than significant impact on fire protection and emergency medical services.
Additionally, as discussed in the General Plan Program EIR, the City requires payment of a Development Impact Fee to assist the City in providing for fire protection services. Payment of the Development Impact Fee would ensure that the Project provides fair shar e funds for the provision of additional public services, including fire protection services, which may be applied to fire facilities and/or equipment, to offset the incremental increase in the demand for fire protection services that would be created by the Project. Therefore, impacts related to fire protection services from the Project would be less than significant.
ii) Police protection?
Response:
Less than Significant. Police protection services would be provided to the Project by the Moreno Valley Police Department (MVPD) and the Riverside County Sheriff’s Department. MVPD operates out of the Moreno Valley Station, located at 22850 Calle San Juan De Los Lagos. The station is approximately 5.3 roadway miles or 13 minutes away from the Project site. Per the City’s General Plan, the City has a police staffing standard of at least 1 officer per 1,000 residents. Calls to the MVPD are prioritized and assigned by urgency, from greatest urgency (Priority 1) through non -emergency calls (Priority 3). Table PS-1 shows the target and average response times for Priority 1 through Priority 3 responses.
Table PS-1: MVPD Response Times
Call Type Target Response Time (2019)
Priority 1 Calls 6 minutes 6:37
Priority 2 Calls 15 minutes 22:01
Priority 3 Calls 35 minutes 42:46
Due to the increase of 270 residents that would occur from implementation of the Project, an incremental increase in demand for police protection would occur. However, the Project would include security lighting and other security measures. In addition, the increase in demand would be limited, and would not require provision of a new or physically altered police facility that could cause environmental impacts or require the retention of an additional police officer per the City’s staffing standard and impacts would be less than significant.
Additionally, the Project would be required to pay Development Impact Fees which would assist the City in providing for police protection facilities. Payment of the Development Impact Fee would ensure that the Project provides its fair share of funds for additional police protection facilities, which may be F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 81 City of Moreno Valley applied to sheriff facilities and/or equipment, to offset the incremental increase in the demand that would be created by the Project.
iii) Schools?
Response:
Less than Significant. The Project site is located within the Moreno Valley Unified School District.
The schools serving the Project site are listed and described below. La Jolla Elementary School, located at 14745 Willow Grove Place , has a capacity of 705 students (MVUSD 2021).
Landmark Middle School, located at 15261 Legendary Drive, has a capacity of 1,436 students (MVUSD 2021).
Vista De Lago High School, located at 15150 Lasselle Street, has a capacity of 2,823 students (MVUSD 2021).
Table PS-1: School Enrollment Between 2020-21 and 2014-15 School Total
Capacity
2020-21 2019-20 2018-19 2017-18 2016-17 2015-16 2014-15 La Jolla
Elementary
School
705 707 726 740 758 817 843 842
Landmark
Middle
School
1436 984 1,086 1,160 1,217 1,203 1,201 1,244
Vista De
Lago High
School
2823 2,033 1,991 2,118 2,063 2,024 2,143 2,189
Source: California Department of Education and MVUSD.
As discussed in Section XIV, Population and Housing, the Project would result in 270 new residents.
Based on the MVUSD student generation rates utilized in the City’s General Plan, the Project would result in 86 elementary students, 44 middle school students, and 60 high school students. However, MVUSD projected an increase of 12,477 students between 2012 and 2035, based on the projected 17,099 additional housing units expected to be built. Based on the student generation rates and total capacity, the schools within MVUSD would have the capacity to accommodate the additional students from implementation of the Project.
In addition, the Project would be required to contribute fees to the Moreno Valley Unified School District in accordance with the Leroy F. Greene School Facilities Act of 1998 (Senate Bill 50). Pursuant to Senate Bill 50, payment of school impact fees constitutes complete mitigation under CEQA for Project‐ related impacts to school services. As such, impacts would be less than significant. iv) Parks?
Response:
Less than Significant Impact. There are four existing park facilities that provide 21.15 acres of parkland within two miles of the Project site, which include F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 82 City of Moreno Valley Celebration Park is located at 14965 Morgan Avenue, 1.0 mile from the Project site. The park is 6.65 acres and contains barbecues, lit basketball court, picnic tables, playground, walking path, and a water feature.
Fairway Park is located at 27891 John F Kennedy Drive, 1.1 miles from the Project site. The park is 5.50 acres and contains barbecues, multi-use athletic field, picnic tables, playground, and a volleyball court.
Ridge Crest Park is located at 28506 John F Kennedy Drive, 1.8 miles from the Project site.
The park is 5.00 acres and contains barbecues, lit basketball court, multi -use athletic field, picnic tables, and a playground
Vista Lomas Park is located at 26700 Iris Avenue, 1.8 miles from the Project si te. The park is
4.00 acres and contains barbecues, lit basketball court, panic tables, and a playground.
The City of Moreno Valley Department of Parks and Recreation owns and operates over 482 acres of parkland. The City has an existing standard of 2.68 acres of parkland per 1,000 residents and a goal of 3 acres of parkland per 1,000 residents. As described previously, approximately 258 new residents would occur from the Project, Thus, the Project would require approximately 0.61 acres of parkland to support the new residents.
The Project would develop 67 single family homes and a 0.56-acre open space pedestrian trail designated as an open space recreation area on the site for use by residents. Therefore, some of the Project’s park and recreational demand would be met by the provision of the onsite facilities. However, there is a 0.25-acre deficit that would not be met by the open space and park provided by the Project.
The Project would be consistent with General Plan Policy PPS 1-2 which requires new development to contribute to parks and recreational facilities within the community either through dedication of park land or through payment of in -lieu fees. Thus, the Project would pay in -lieu fees for the 0.25-acre of parkland that is not met by the open space area provided.
A slight increase in demand on the existing parks could occur from the additional 270 residents that would be generated from the Project. However, impacts from the Project are anticipated to be minimal due to the limited number of residents that would be generated, existing amount of park facilities, and the 0.56-acre onsite open space pedestrian trail. The slight increase in demand for park facilities that could occur from 270 residents would be met by the proposed onsite open space pedestrian trail and existing park f acilities that are within 2 miles of the Project site. Therefore, the project would not increase demands such that provision of a new or physically altered parks would be required that could cause environmental impacts. Thus, impacts are less than significant. v) Other public facilities?
Response:
Less than Significant. As noted in the response to Issue XIV(a) above, development of the Project would result in an increase in the population of the Project area and would slightly increase the demand for pu blic services, including public health services and library services . However, the increase in residents within the Project site is anticipated in the total increase of residents within the City’s General Plan. Therefore, impacts related to other public services would be less than significant. In addition, the Project would be required to provide payment of the Development Impact Fee to assist the City in providing public services pursuant to City conditions.
Existing Plans, Programs, or Policies (PPPs)
None.
Project Design Features (PDFs)
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 83 City of Moreno Valley None.
Mitigation Measures
None.
Sources:
1. Final Environmental Impact Report for the MoVal 2040: Moreno Valley Comprehensive General Plan Update and Climate Action Plan (MoVal 2040), adopted XX, 2021 • Section 4.14 Public Services and Recreation
• Figure 4.15-2 Existing and Planned Recreation Facilities
2. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code
XVI. RECREATION – Would the project:
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility would occur
or be accelerated?
Response:
Less than Significant Impact. Demand for park and recreational facilities are generally the direct result of residential development. The Project would develop 67 single family homes and a 0.56-acre open space pedestrian trail on the site for use by residents. Therefore, some of the Project’s park and recreational demand would be met by the provision of the onsite facilities. The State of California recognizes a minimum level of service standard for parkland of 3 acres per 1,000 residents. As described previously in the Section XV discussion, the approximate 270 new residents would equate to needing approximately 0.81 acres of park and recreational area. This means that the Project has a deficit of 0.25 acres of open space. However, this deficit would be offset by the payment of fees requires by PPS 2-1, as previously described in Section XV.
Due to the limited increase in population from implementation of the Project, provision of onsite open space for recreation, and the payment of fees supporting open space, the Project would not result in the increase in the use of existing parks and recreational facilities, such that physical deterioration of the facility would be accelerated. As such, impacts would be less than significant. b) Does the project include recreational facilities or
require the construction or expansion of
recreational facilities which have an adverse
physical effect on the environment?
Response:
Less than Significant Impact. As described above, the Project includes a 0.56-acre open space pedestrian trail that would provide onsite recreation. The impacts of development of the trail are considered part of the impacts of the Project as a whole and are analyzed throughout the various sections of this IS/MND. Activities such as excavation, grading, and construction as required for the recreation area are analyzed in the Air Quality, Greenhouse Gas Emissions, Noise, and Transportation Sections.
Additionally, as described in the previous response, the approximately 270 new residents would require approximately 0.81 acres of recreational areas. The Project would pay in-lieu fees to accommodate the 0.25 acres of recreational facilities that are not included in the Project. Thus, the project would have a limited increase in use of existing public recreation facilities and would not require the construction or expansion of other recreational facilities that might have an adverse physical effect on the environment. As a result, impacts would be less than significant.
Existing Plans, Programs, or Policies (PPPs)
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 84 City of Moreno Valley None.
Project Design Features (PDFs)
None.
Mitigation Measures
None.
Sources:
3. Final Environmental Impact Report for the MoVal 2040: Moreno Valley Comprehensive General Plan Update and Climate Action Plan (MoVal 2040), certified June 15, 2021 • Section 4.14 Public Services and Recreation
• Figure 4.15-2 Existing and Planned Recreation Facilities
4. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code
XVII. TRANSPORTATION – Would the project:
a) Conflict with program plan, ordinance or policy
addressing the circulation system, including
transit, roadway, bicycle and pedestrian
facilities?
Response:
Less than Significant. The Project would develop 67 single -family residences. Vehicular access to the Project site would be provided by two ingress and egress driveways from Oliver Street and Brodiaea Avenue. The Project includes 5 new internal streets that would provide circulation for passenger car traffic onsite. A scoping agreement was prepared for the Project and approved on October 18, 2021 (see Appendix J). As show n on Table T -1, the Project is anticipated to generate approximately 632 daily trips with 47 trips during the AM peak hour and 63 trips during the PM peak hour.
Table T-1: Project Trip Generation
AM Peak Hour PM Peak Hour
Land Use Units Daily In Out Total In Out Total
Trip Rates
Single-Family Detached
Housing1 DU 9.430 0.182 0.518 0.700 0.592 0.348 0.940
Project Trip Generation
Single Family 67 DU 632 12 35 47 40 24 63
Total Trip Generation 632 12 35 47 40 24 63
1 Trip rates from the Institute of Transportation Engineers, Trip Generation, 11th Edition, 2017. Land Use Code 210 - Single- Family Detached Housing.
Source: Discovery Scoping Agreement (Appendix J)
The Project site has been designed to construct onsite roadway improvements consistent with the City guidelines. The Project would also include offsite street road improvements on Oliver Street and Brodiaea would occur in order to build out ultimate curb and gutter along the Project frontage. In addition, the Project would pay Development Impact Fees as conditioned by the City . The fees shall F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 85 City of Moreno Valley be collected and utilized as needed by the City to construct the improvements necessary to maintain the required Level of Service (LOS) and build or improve roads to their build-out level.
Alternative Transportation
The Riverside Transit Agency (RTA) operates Route 20 along Alessandro Boulevard with a bus stop at the corner of Nason Street and Cactus Avenue. Additionally, the Project would include a sidewalk along Oliver Street and Brodiaea Avenue . The Project would improve the existing pedestrian access to nearby locations . Therefore, the Project would also not conflict with pedestrian facilities. Overall, Project impacts to transit, bicycle, and pedestrian facilities would be less than significant. b) Conflict or be inconsistent with CEQA
Guidelines section 15064.3, subdivision (b)?
Response:
Less than Significant. Senate Bill (SB) 743 was signed by Governor Brown in 2013 and required the Governor’s Office of Planning and Research (OPR) to amend the State CEQA Guidelines to provide an alternative to LOS for evaluating transportation impacts. SB743 specified that the new criteria should promote the reduction of GHGs, the development of multimodal transportation networks and a diversity of land uses. In response, Section 15064.3 was added to the CEQA Guideline s beginning January 1, 2019. Section 15064.3(c) states that the provisions of the section shall apply statewide beginning on July 1, 2020.
State CEQA Guidelines Section 15064.3 - Determining the Significance of Transportation Impacts states that VMT is the most appropriate measure of transportation impacts and provides lead agencies with the discretion to choose the most appropriate methodology and thresholds for evaluating VMT.
The City of Moreno Valley TIA Guidelines for CEQA were consulted to determine whether a VMT analysis would be required for the Project. The Project is consistent with the RTP/SCS, which designates the site as Medium Density Single Family Residential with a target density of 3 -8 dwelling units per acre. The Project proposes a density of 7.61 dwelling units per gross acre. The City’s VMT guidelines state that “if a project is consistent with the RTP/SCS, then the cumulative impacts shall be considered less than significant subject to consideration of other substantial evidence. The RIVTAM Screening Tool identifies that the City of Moreno Valley was found to have a VMT per Capita of 13.269, and the VMT of the Project is 13.262 per Capita. As the Project is consistent with the RTP/SCS and is located in a low VMT area according to the RIVT AM screening tool, the VMT impacts of the Project would be considered less than significant (Appendix J). Therefore, impacts related to VMT would be less than significant; and the Project would not conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b).
c) Substantially increase hazards due to a
geometric design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses
(e.g., farm equipment)?
Response:
Less than Significant. Vehicular access to the Project site would be provided via ingress and egress driveways connecting to Oliver Street and Brodiaea Avenue. Vehicular traffic to and from the Project site would utilize the existing network of regional and local roadways that currently serve the Project area. The Project would not introduce any new roadways or introduce a land use that would conflict with existing urban land uses in the surrounding area. The Project includes internal driveways that would provide vehicular access to the single-family residences. Design of the Project, including the internal private roadway, ingress, egress, and other streetscape changes are subject to the City’s development standards. For example, the design of the Project circulation would be reviewed to ensure fire engine accessibility and turn around area is provided to the fire code standards. As a result, impacts related to vehicular circulation design features would be less than significant.
d) Result in inadequate emergency access?
Response:
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 86 City of Moreno Valley Less than Significant.
Construction
The construction activities, including equipment and supply staging and storage, would occur within the Project site, and would not restrict access of emergency vehicles to the Project site or adjacent areas. The installation of driveways and connections t o existing infrastructure systems that would be implemented during construction of the Project could require the temporary closure of one side or portions of Oliver Street and Brodiaea Avenue for a short period of time (i.e., hours or a few days).
However, the construction activities would be required to ensure emergency access in accordance with Section 503 of the California Fire Code (Title 24, California Code of Regulations, Part 9), which would be ensured through the City’s permitting process. Thus, imp lementation of the Project through the City’s permitting process would ensure existing regulations are adhered to and would reduce potential construction related emergency access impacts to a less than significant level.
Operation
As described previously, the Project area would be accessed from two driveways connecting to Oliver Street and Brodiaea Avenue. The construction permitting process would provide adequate and safe circulation to, from, and through the Project area, and would provide routes for emergency responders to access different portions of the Project area. Because the Project is required to comply with all applicable City codes, as verified by the City , potential impacts related to inadequate emergency access would be less than significant.
Existing Plans, Programs, or Policies (PPPs)
None.
Project Design Features (PDFs)
None.
Mitigation Measures
None.
Sources:
1. Moreno Valley General Plan, adopted June 15, 2021
• Chapter 10 – Open Space and Conservation Element
• Chapter 6 – Safety Element
2. Draft Environmental Impact Report City of Moreno Valley General Plan, certified June 15, 2021 • Section 4.10 – Hydrology and Water Quality
• Section 4.15 – Public Services
3. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code
4. Moreno Valley Municipal Code Chapter 8.10 Stormwater/Urban Runoff Management and Discharge Controls
5. Moreno Valley Municipal Code Section 8.21.170 National Pollutant Discharge Elimination System (NPDES).
6. Moreno Valley Municipal Code Chapter 8.80 – Recycling and Diversion of Construction and Demolition Waste
7. Eastern Municipal Water District, 2020 UWMP, https://www.emwd.org/post/urban -water-management- plan
8. https://riversideca.gov/publicworks/sewer/master-
plan/2019%20Sewer%20Master%20Plan%20Volume%201.pdf
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 87 City of Moreno Valley XVIII. TRIBAL CULTURAL RESOURCES – Would the project:
a) Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
i) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in
Public Resources Code Section 5020.1(k), or
Response:
Less than Significant with Mitigation. Assembly Bill (AB) 52 (Chapter 532, Statutes of 2014) establishes a formal consultation process for California tribes as part of the CEQA process and equates significant impacts on “tribal cultural resources” with significant environmental impacts (Public Resources Code [PRC] § 21084.2). AB 52 requires that lead agencies undertaking CEQA review evaluate, just as they do for other historical and archeological resources, a project’s potential impact to a tribal cultural resource. As such, the City sent notices on February 15, 2022 regarding the Project to the following California Native American tribes that may have knowledge regarding tribal cultural resources in the Project vicinity:
Agua Caliente Band of Cahuilla Indians
Desert Cahuilla / Torres Martinez Indians
Morongo Band of Mission Indians
Pechanga Band of Luiseño Indians
Rincon Band of Luiseño Indians
San Manuel Band of Mission Indians
Soboba Band of Luiseño Indians
The San Manuel Band of Mission Indians responded to the City’s AB 52 consultation notice and did not request formal consultation. However, the Tribe requested inclusion of mitigation due to the potential of the Project to unearth previously undocumented tribal cultural resources during construction. The Rincon Band of Luiseno Indians re sponded to the notice and requested formal consultation within the 30-day period. Formal consultation was conducted with the tribe and concluded on May 16, 2022. Additional measures were provided by Rincon Band of Luiseno Indians due to the potential of th e Project to unearth previously undocumented tribal cultural resources during construction. The Project site does not contain any known tribal cultural resources.
The Project site does not contain known resources eligible for listing in the California Regi ster of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k). Therefore, the Project would result in no impact.
ii) A resource determined by the lead agency, in its
discretion and supported by substantial
evidence, to be significant pursuant to criteria
set forth in subdivision (c) of Public Resources
Code section 5024.1. In applying the criteria set
forth in subdivision (c) of Public Resources
Code section 5024.1 , the lead agency shall
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 88 City of Moreno Valley consider the significance of the resource to a
California Native American tribe.
Response:
Less than Significant. As discussed above, to avoid potential adverse effects to cultural resources, MM CUL-1 has been included, which requires archaeological monitoring during project grading and preparation of a CRMP. Additionally, MM TCR-1 through TCR-10 have been included, as agreed upon during AB 52 consultation, to provide for Native American monitoring of excavation and grading activities to avoid potential impacts to tribal cultural resources that may be unearthed by Project construction activities. No information has been provided to the Lead Agency indicating any likelihood of uncovering tribal cultural resources on the Project site, there are no known tribal cultural resources on or adjacent to the Project site, and no potentially significant impacts are anticipated. Mitigation measures MM CUL-1 and MM TCR -1 through TCR -10 are included in the event of any inadvertent discoveries during construction activities.
Additionally, as described previously, California Health and Safety Code, Section 7050.5 requires that if human remains are discovered in the Project site, disturbance of the site shall halt and remain halted until the coroner has conducted an investigation. If the coroner determines that the remains are those of a Native American, he or she shall contact, by telephone within 24 hours , the Native American Heritage Commission. Therefore, with implementation of MM CUL-1 and MM TCR-1 through MM TCR- 10, impacts to TCRs would be less than significant.
Existing Plans, Programs, or Policies (PPPs)
None.
Project Design Features (PDFs)
None.
Mitigation Measures
MM TCR-1: Archaeological Monitoring. Prior to the issuance of a grading permit, the Developer shall retain a professional archaeologist, who meets the U.S. Secretary of the Interior Standards, to conduct monitoring of all mass grading and trenching activities.
The Project Archaeologist, in consultation with the Consulting Tribe(s) including Rincon Band of Luiseño Indians, the contractor, and the City, shall develop a CRMP as defined in TCR-3. The Project archeologist shall attend the pre -grading meeting with the City, the construction manage r and any contractors and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance. The archaeological monitor shall have the authority to temporarily halt and redirect earth moving activities in the affected area in the event that suspected archaeological resources are unearthed.
MM TCR-2: Native American Monitoring. Prior to the issuance of a grading permit, the Developer shall secure agreements with the Rincon 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 mass grading and trenching activities. The Native American Tribal Representatives shall have the authority to temporarily halt and redirect earth moving activities in the affected area in the event that suspected archaeological resources are unearthed. The Native American Monitor(s) shall attend the pre -grading meeting with the Project Archaeologist, City, the construction manager and any contractors and will conduct the Tribal Perspective of the mandatory Cultural Resources Worker Sensitivity Training to those in attendance.
MM TCR-3: Cultural Resource Disposition. In the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries:
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 89 City of Moreno Valley 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 MM CR -1. This shall include measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur until all legally required cataloging and basic recordation have been completed. No recordation of sacred items is permitted without the written consent of all Consulting Native American Tribal Governments as defined in CR -1. The location for the future reburial area shall be identified on a confidential exhibit on file with the City, and concurred to by the Consulting Native American Tribal Governments prior to certification of the environmental document.
MM TCR-4: Cultural Resource Monitoring Plan (CRMP). The Project Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a CRMP in consultation pursuant to the definition in AB52 to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the project site. A consulting Tribe is defined as a Tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB52 consultation process, and has completed AB 52 consultation with the City as provided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include:
a) Project description and location;
b) Project grading and development scheduling;
c) Roles and responsibilities of individuals on the Project; d) The pre-grading meeting and Cultural Resources Worker Sensitivity Training details;
e) The protocols and stipulations that the contractor, City, Consulting Tribe(s) and Project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation.
f) The type of recordation needed for inadvertent finds and the stipulations of recordation of sacred items.
Contact information of relevant individuals for the Project.
MM TCR 5: Grading Plan. The City shall verify that the following note is included on the Grading Plan:
“If any suspected archaeological resources are discovered during ground –disturbing activities and the Project Archaeologist or Native American Tribal Representatives are not present, the construction supervisor is obligated to halt work in a 100 -foot radius around the find and call the Project Archaeologist and the Tribal Representatives to the site to assess the significance of the find."
MM TCR 6: Inadvertent Finds. 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 (36 CFR 61), Tribal Representatives, and all site monitors per the Mitigation Measures, shall be consulted by the City to evaluate the F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 90 City of Moreno Valley 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 MM TCR-2 before any further work commences in the affected area. If the find is determined to be significant and avoidance of the site has not been achieved, a Phase III data recovery plan shall be prepared by the Project Archeologist, in consultation with the Tribe, and shall be submitted to the City for their review and approval prior to implementation of the said plan.
MM TCR 7: Human Remains. If human remains are discovered, no further disturbance shall occur in the affected area until the County Coroner has made necessary findings as to origin.
If the County Coroner determines that the remains are potentially Native American, the California Native American Heritage Commission shall be notified within 24 hours of the published finding to be given a reasonable opportunity to identify the “most likely descendant”. The “most likely descendant” shall then make recommendations and engage in consultations concerning the treatment of the remains (California Public Resources Code 5097.98). (GP Objective 23.3, CEQA).
MM TCR 8: Non-Disclosure of Reburial Locations. It is understood by all parties that unless otherwise required by law, the si te of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r).
MM TCR 9: Archeology Report - Phase III and IV . Prior to final inspection, the developer/permit holder shall prompt the Project Archeologist to submit two (2) copies of the Phase III Data Recovery report (if required for the Project) and the Phase IV Cultural Resources Monitoring Report that complies with the Community Development Department's requirements for such reports. The Phase IV report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre-grade meeting. The Community Development Department shall review the reports to determine adequate mitigation compliance. Provided the reports are adequate, the Community Development Department shall clear this condition. Once the report(s) are determined to be adequate, two (2) copies shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and one (1) copy shall be submitted to the Consulting Tribe(s) Cultural Resources Department(s).
MM TCR 10: Tribe Notificat ion. The Rincon Band of Luiseno Indians – Cultural Resources Department (RBLI) shall be contacted regarding any precontact and/or historic-era finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the f ind, so as to provide Tribal input with regards to significance and treatment. In the event of any precontact and/or historic-era finds, RBLI shall be included as a consulting tribe under TCR-1 through TCR-9.
Sources:
F.2.b
Packet Pg. 428
Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 91 City of Moreno Valley
1. Moreno Valley General Plan, adopted June 15, 2021
• Chapter 7 – Conservation Element – Section 7.2 – Cultural and Historical Resources
2. Final Environmental Impact Report City of Moreno Valley General Plan, certified May 20, 2021 • Section 5.10 – Cultural Resources
- Figure 5.10-1 – Locations of Listed Historic Resource Inventory Structures - Figure 5.10-2 – Location of Prehistoric Sites
- Figure 5.10-3 – Paleontological Resource Sensitive Areas • Appendix F – Cultural Resources Analysis, Study of Historical and Archaeological Resources for the Revised General Plan, City of Moreno Valley, Archaeological Associates, August 2003.
3. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code
4. Moreno Valley Municipal Code Title 7 – Cultural Preservation
5. Cultural Resources Inventory for the City of Moreno Valley, Riverside County, California, prepared by Daniel F. McCarthy, Archaeological Research Unit, University of California, Riverside, October 1987 (This document cannot be provided to the public due to the inclusion of confidential information pursuant to Government Code Section 6254.10.)
XIX. UTILITIES AND SERVICE SYSTEMS – Would the project:
a) Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water drainage,
electric power, natural gas, or
telecommunications facilities, the construction
or relocation of which could cause significant
environmental effects?
Response:
Less than Significant.
Water Infrastructure
The Project applicant would develop the Project site with 67 single-family residences, which is currently served by Eastern Municipal Water District (EMWD) water infrastructure and would install new water infrastructure on the Project site that would connect to existing water infrastructure within Oliver Street.
The new onsite water system would convey water supplies to the proposed residential units and landscaping through plumbing/landscaping fixtures that are compliant with the CalGreen Plumbing Code for efficient use of water.
The Project would continue to receive water supplies through the existing water lines located within the Oliver Street right-of-way that have the capacity to provide the increased water supplies needed to serve the Project, and no expansions of the water pipelines that convey water to the Project site would be required. Installation of the new onsite water distribution lines would only serve the Project and would not provide new water supplies to any off-site areas.
The construction activities related to the onsite water infrastructure that would be needed to serve the Project is included as part of the Project and would not result in any physical environmental effects beyond those identified throughout this IS/MND. For example, a discussion of construction emissions from excavation and installation of the water infrastructure is included in Sections III, Air Quality and VIII, Greenhouse Gas Emissions. Therefore, the Project would not result in the construction of new water facilities or expansion of existin g facilities, the construction of which could cause significant environmental effects, and impacts would be less than significant.
Wastewater
The Project site is currently served by the existing EMWD sewer lines. The Project includes installation of onsite sewer lines that would connect to the existing sewer lines within Oliver Street and Brodiaea Avenue. The existing sewer lines would accommodate development of the Project site and would not require expansion to serve the Project. The necessary onsite installation of wastewater infrastructure F.2.b
Packet Pg. 429
Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 92 City of Moreno Valley is included as part of the Project and would not result in any physical environmental effects beyond those identified in other sections of this IS/MND.
Storm Drainage
As discussed previously, the Project site is relatively flat, and runoff onsite would be conveyed into catch basins to collect stormwater runoff and direct flows to four proposed bioretention b asins for treatment.
Due to the appropriate sizing of the onsite drainage features, as ensured through the Project permitting process, operation of the Project would not substantially increase stormwater runoff, and the Project would not require or result in the construction of new off -site storm water drainage facilities or expansion of existing offsite facilities, the construction of which could cause significant environmental effects. The required installation of the proposed drainage features is includ ed as part of the Project and would not result in any physical environmental effects beyond those identified in other sections of this IS/MND. Overall, impacts related to stormwater drainage facilities would be less than significant.
Electric Power
The Project would connect to the existing Southern California Edison electrical distribution facilities that are adjacent to the Project site along the east side of Oliver Street and would not require the construction of new electrical facilities. New underground electrical service lines would be installed as part of the backbone infrastructure for the Project. The existing overhead electrical lines need to be undergrounded, along the property frontages of Oliver Street.
Natural Gas
The Project would connect t o the existing Southern California Gas natural gas distribution facilities within Brodiaea Avenue.
The installation of the utilities at the locations as described above are evaluated throughout this IS/MND and found to be less than significant.
b) Have sufficient water supplies available to serve
the project and reasonably foreseeable future
development during normal, dry and multiple
dry years?
Response:
Less than Significant: Water service would be provided to the Project site by the EMWD . The 2020 EMWD Urban Water Management Plan ( UWMP), adopted in July 2021, describes that the EMWD service area includes seven incorporated cities (including a portion of Moreno Valley) in addition to unincorporated areas of Riverside County (Eastern Municipal Water District, 2021). The Project site has an existing land use designation of R5 which allows for the development of 44 residences. The Project includes a general plan amendment to R10 and zone change to Residential Single-Family 10 District (RS10) which would allow for the development of 67 single-family residences.
According to the UWMP, EMWD has a diverse portfolio of local and imported supplies. Local supplies include recycled water, potable groundwater, and desalinated groundwater. Additionally, groundwater is produced from two management agencies within the service area. In addition to the production of potable groundwater, EMWD treats brackish groundwater at two locations, with a third desalter scheduled to come online this year (2021). In addition to local supplies, EMWD receives imported water from the Metropolitan Water District of Southern California (Metropolitan) in three forms: delivered directly as potable water, delivered to EMWD as raw water and the n treated at EMWD’s two local filtration plants, or delivered to EMWD as raw water for non -potable use and groundwater recharge.
Approximately half of the water used in the EMWD service area is imported by Metropolitan.
F.2.b
Packet Pg. 430
Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 93 City of Moreno Valley The 2020 EMWD UWMP details that EMWD has adequate supplies to serve its customers during normal, dry year, and multiple dry year demand through 2045 with projected population increases and accompanying increases in water demand. To track new developments, EMWD updates a Geographic Information System (GIS) database that tracks proposed development quarterly. Currently, EMWD is tracking the status of over 800 proposed projects and over 125,000 equivalent dwelling units. Growth rates were based on a forecast of future population prepared by the Southern California Association of Governments (SCAG). EMWD’s growth forecasts include both the retail and wholesale service areas.
Proposed density of the Project would be 7.6 dwelling units per acre. The City’s MoVal 2040 General Plan Draft Program Environmental Impact Report (DEIR) identified that the buildout of the General Plan would be consistent with 2040 SCAG projections.
The 2020 UWMP describes that the total demand for water in 2025 would be 102,600 AFY that would increase to 123,000 AFY in 2045. However, as shown in Table UT -1, EMWD would have a supply of 145,930 AFY in 2025 and a supply of 187,100 AFY in 2045. This provides an estimated surplus of 43,330 AFY in 2024 and a surplus of 61,100 AFY in 2045. The Project would include 23 additional residences in comparison to the General Plan assumptions. Based on SCAG housing data of 46,378 single family residences within the City and the 52,162 AFY demand for single family residences in the EMWD UWMP, a single-family residence demands 1.12 AFY. Thus, the additional 23 units would result in an additional 25.76 AFY. Therefore, the Project would be within the EMWD UWMP projected water demand. Thus, sufficient water supplies are available to serve the Project. Impacts related to water supplies would be less than significant.
Table UT-1: EMWD UWMP Projected Water Demand (Acre Feet per Year) 2025 2030 2035 2040 2045
Water Demand
Single Family Residential
Demand
66,900 71,700 76,700 80,500 84,000
Total EMWD Demand 102,600 108,300 114,400 118,900 123,000 Water Supply
Total EMWD Supply 145,930 157,320 168,900 178,700 187,100 Source: 2020 EMWD UWMP
c) Result in a determination by the wastewater
treatment provider which serves or may serve
the project that it has adequate capacity to serve
the project's projected demand in addition to the
provider's existing commitments?
Response:
Less than Significant. EMWD is responsible for all wastewater collection and treatment in its service area. It has four regional water reclamation facilities (RWRFs) located throughout EMWD. Wastewater from the Project site would be conveyed to the Moreno Valley Regional Water Reclamation Facility that typically treats 11 million gallons per day (MGD) . The Moreno Valley Reclamation Facility has a current capacity of 16 MGD and an ultimate capacity of 18 MGD. Thus, the plant currently has additional capacity of 5 MGD and future additional capacity of 7 MGD.
The EMWD 2015 Wastewater Collection System Master Plan Updat e identifies the estimated wastewater generation that would result from different land use categories based upon a generation rate of 235 gallons per day (gpd) equivalent dwelling unit (EDU). The Wastewater Master Plan also identifies that single-family residences with an average density of 6 units per acre (the closest land use category to the Project) generate 0.9 EDU per residence.
Based on this information, the proposed 67 residences Project would generate approximately 15,646 gallons per day, which would be within the existing and future additional capacity of the Moreno Valley Regional Water Reclamation Facility. Therefore, impacts related to wastewater system capacity would be less than significant.
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 94 City of Moreno Valley d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the
attainment of solid waste reduction goals?
Response:
Less than Significant. In 2019, the majority of the solid waste from the City, which was disposed of in landfills, went to the El Sobrante Landfill. The El Sobrante Landfill is permitted to accept 16,054 tons per day of solid waste and is permitted to operate through 2051. In June 2019, a maximum of 13,796 tons in a day was disposed at the El Sobrante Landfill, which provides for a remaining capacity of 2,258 tons per day.
Construction
Project construction would generate solid waste for landfill disposal in the form packaging and discarded materials would be generated by the Project over the 14-month construction period.
However, Section 5.408.1 of the 2016 California Green Building Standards Code requires demolition and construction activities to recycle or reuse a minimum of 65 percent o f the nonhazardous construction and demolition waste. Thus, the demolition and construction solid waste that would be disposed of at the landfill would be approximately 35 percent of the waste generated.
As described above, the El Sobrante Landfill has additional capacity of approximately 2,258 tons per day. Therefore, the El Sobrante Landfill would be able to accommodate solid waste from construction of the Project.
Operation
The CalEEMod modeling for operation of the project (Appendix A) estimated that o peration of the Project would generate approximately 79 tons per solid waste per year; or 1.5 tons per week. However, at least 75 percent of the solid waste is required by AB 341 to be recycled, which would reduce the volume of landfilled solid waste to approximately .4 tons per week. As the El Sobrante Sanitary Landfill has additional capacity of approximately 3,488 tons per day, the solid waste generated by the Project would be within the capacity of the landfill. Thus, the Project would be served by a landfill with sufficient permitted capacity to accommodate the Project’s solid waste disposal needs and the Project would not impair the attainment of solid waste reduction goals. Impacts related to landfill capacity would be less than significant.
e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
Response:
Less than Significant. The Project would result in new development that would generate an increased amount of solid waste. All solid waste generating activities within the City are subject to the requirements set forth in Section 5.408.1 of the 2016 California Green Building Standards Code that requires demolition and construction activities to recycle or reuse a minimu m of 65 percent of the nonhazardous construction and demolition waste, and AB 341 that requires diversion of a minimum of 75 percent of operational solid waste.
In addition, as stated in Response IX(d) above, the Project would be required comply with the City’s Municipal Code Chapter 8.80, Recycling and Diversion of Construction and Demolition Waste, which requires that developments must divert at least 50 percent of waste generated from demolition and construction and submit a waste management plan. In addition, the Project would be required to comply with all federal, State, and local regulations related to solid waste. Furthermore, the Project would comply with all standards related to solid waste diversion, reduction, and recycling during Project construction and operation. Therefore, the Project is anticipated to result in less than significant impacts F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 95 City of Moreno Valley related to potential conflicts with federal, State, and local management and reduction statutes and regulations pertaining to solid waste.
Existing Plans, Programs, or Policies (PPPs)
PPP E-1: CalGreen Compliance. As listed previously in Section VI, Energy.
PPP UT-1: AB 341. Implementation of the project shall comply with AB 341 that would divert a minimum of 75 percent of operational solid waste from landfill facilities.
PPP UT-2: Implementation of the project shall comply with the City’s Municipal Code Chapter 8.80, Recycling and Diversion of Construction and Demolition Waste, which requires that developments must divert at least 50 percent of waste generated from demolition and construction and submit a waste management plan.
Project Design Features
None.
Mitigation Measures
None.
Sources:
9. Moreno Valley General Plan, adopted June 15, 2021
• Chapter 10 – Open Space and Conservation Element
• Chapter 6 – Safety Element
10. Draft Environmental Impact Report City of Moreno Valley General Plan, certified June 15, 2021 • Section 4.10 – Hydrology and Water Quality
• Section 4.15 – Public Services
11. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code
12. Moreno Valley Municipal Code Chapter 8.10 Stormwater/Urban Runoff Management and Discharge Controls
13. Moreno Valley Municipal Code Section 8.21.170 National Pollutant Discharge Elimination System (NPDES).
14. Moreno Valley Municipal Code Chapter 8.80 – Recycling and Diversion of Construction and Demolition Waste
15. Western Municipal Water District, 2020 UWMP,
https://www.wmwd.com/DocumentCenter/View/5433/Western-Final-Adopted-UWMP_20210630?bidId=
16. https://riversideca.gov/publicworks/sewer/master-
plan/2019%20Sewer%20Master%20Plan%20Volume%201.pdf
XX. WILDFIRE – If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan?
Response:
Less than Significant. According to the CAL FIRE Fire Hazard Severity Zone map, the Project site is not within an area identified as a Fire Hazard Area that may contain substantial fire risk or a Very High Fire Hazard Severity Zone (VHFHSZ) (CAL FIRE 2021). The Project would not substantially impair an adopted emergency response plan or emergency evacuation plan. As stated in Section IX of this IS/MND, the Project would not physically interfere with an adopted emergency response plan or emergency evacuation plan. Additionally, the Project does not include any characteristics (e.g., permanent road closures or long -term blocking of road access) that would substantially impair or otherwise conflict with an emergency response plan or emergency evacuation plan. Therefore, impacts F.2.b
Packet Pg. 433
Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 96 City of Moreno Valley related to emergency response and evacuation plans associated with construction of the Project would be less than significant.
The Project does not include any changes to public or private roadways that would physically impair or otherwise conflict with an emergency response plan or emergen cy evacuation plan. Further, the Project would not obstruct or alter any transportation routes that could be used as evacuation routes during emergency events. In addition, during the operational phase of the Project, onsite access would be required to comply with standards established by the City and Moreno Valley Fire Department. The size and location of fire suppression facilities (e.g., hydrants) and fire access routes would be required to conform to City and Fire Department’s standards. The Project wou ld provide adequate emergency access to the site via driveways from Brodiaea Avenue and Oliver Street; the driveways and Oliver Street; the driveways would connect to an internal access way that would ensure access for emergency vehicles within the interio r of the site. Further, access to and from the Project site for emergency vehicles would be reviewed and approved by the Moreno Valley Fire Department and the City as part of the Project approval process to ensure the Project is compliant with all applicab le codes and ordinances for emergency vehicle access. Because the Project is required to comply with all applicable City codes, as verified by the City, any potential impacts related to an emergency response or evacuation (if any) would be less than significant.
b) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and thereby
expose project occupants to, pollutant
concentrations from a wildfire or the
uncontrolled spread of a wildfire?
Response:
No Impact. As stated previously, the Project site is not located within a VHFHSZ. Additionally, the Project site and surrounding area are currently developed , are being developed, or are vacant and disturbed and therefore, lack extensive combustible materials and vegetation necessary for the uncontrolled spread of a wildfire.
The Project site is relatively flat and there are limited elevation changes in the Project vicinity. The Project proposes a residential development in a relatively urbanized area characterized by existing residential and commercial uses. As such, the Project itself would not exacerbate wildfire risks as compared to existing conditions because it is representative of existing development in the area. Thus, no impact related to other factors that would expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire would occur from the Project. c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines
or other utilities) that may exacerbate fire risk or
that may result in temporary or ongoing impacts
to the environment?
Response:
No Impact. The Project does not require the installation or maintenance of associated infrastructure (including roads, fuel breaks, emergency water sources, power lines, or other utilities) that would exacerbate fire risk or that would result in impacts to the enviro nment. Although the Project includes new driveways within the Project site, the Project does not include any changes to public or private roadways that would exacerbate fire risk or that would result in impacts to the environment. Although utility improvements, including domestic water, recycled water, sanitary sewer, and storm drain lines proposed as part of the Project would be extended throughout the Project site, these utility improvements would be underground and would not exacerbate fire risk. Project design and implementation of utility improvements would be reviewed and approved by the City as part of the Project approval process to ensure the Project is compliant with all applicable design standards and regulations. Therefore, the Project would not include infrastructure (such as roads, fuel breaks, F.2.b
Packet Pg. 434
Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 97 City of Moreno Valley emergency water sources, power lines, or other utilities), that would exacerbate fire risk or that would result in impacts to the environment.
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post -fire slope
instability, or drainage changes?
Response:
Less than Significant. As discussed in Section X of the IS/MND, the Project site is located in FEMA Zone A which is within a special flood hazard area subject to inundation by the 1% annual chance flood with no base flood elevations determined . However, the Project would be requ ired to comply with Section 8.12.170 of the City’s Municipal Code which establishes construction standards for areas of special flood hazards. During Project construction soil would be compacted, and drainage patterns would be temporarily altered due to gr ading, and there would be an increased potential for flooding compared to existing conditions. However, construction BMPs would be identified and implemented as part of the Project. Implementation of construction BMPs would control and direct surface runof f to prevent flooding, and as such, Project construction would not expose people or structures to significant risks related to downslope and downstream flooding. Therefore, impacts would be less than significant.
During operation, the Project would not sub stantially alter the existing on -site drainage patterns.
Compliance with the proposed operational BMPs would ensure onsite storm drain facilities would be sized to accommodate stormwater runoff from the Project site so that onsite flooding would not occur.
Therefore, impacts would be less than significant.
As established in Section VII of this IS/MND , there are no landslide zones close to or within the boundaries of the Project site. The Project site is relatively flat; therefore, the risk of slope failure represents a limited level of concern on the Project site. Further, projects in the City of Moreno Valley are required to comply with the CBC, which would include the incorporation of: 1) seismic safety features to minimize the potential for significant ef fects as a result of earthquakes; 2) proper building footings and foundations; and 3) construction of the building structures so that it would withstand the effects of strong ground shaking. These features would reduce potential impacts related to landslides to a less than significant level. Therefore, with implementation of the CBC, the Project would not expose people or structures to significant risks, including downslope or downstream landslides, and impacts (if any) would be less than significant.
Existing Plans, Programs, or Policies (PPPs)
None.
Project Design Features (PDFs)
None.
Mitigation Measures
None.
Sources:
1. Moreno Valley General Plan, adopted June 15, 2021
• Chapter 6 – Safety
2. Final Environmental Impact Report City of Moreno Valley General Plan, certified May 20, 2021 • Section 4.9 – Hazards and Hazardous Materials
3. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code
4. Local Hazard Mitigation Plan, City of Moreno Valley Fire Department, adopted October 4, 2011, amended 2017, http://www.moval.org/city_hall/departments/fire/pdfs/haz-mit-plan.pdf F.2.b
Packet Pg. 435
Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 98 City of Moreno Valley
5. Emergency Operations Plan, City of Moreno Valley, March 2009, http://www.moval.org/city_hall/departments/fire/pdfs/mv-eop-0309.pdf • Threat Assessment 3 – Wildfire
XXI. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to
substantially degrade the quality of the
environment, substantially reduce the habitat of
a fish or wildlife species, cause a fish or wildlife
population to drop below self -sustaining levels,
threaten to eliminate a plant or animal
community, substantially reduce the number or
restrict the range of a rare or endangered plant
or animal or eliminate important examples of the
major periods of California history or prehistory?
Response:
Less than Significant with Mitigation Incorporated. As discussed in Section IV of this IS/MND, the Project site is not populated or used by any species identified as a candidate, sensitive, or special status, and does not contain habitat that would support sensitive species. Furthermore, the Biological Resources Assessment determined that the Project would be consistent with the provisions of the MSHCP through payment of fees . The Project would implement MM BIO -1 requiring n esting bird surveys. In addition, MM BIO-2 requires that a 1602 Streambed Alteration Agreement shall be obtained from the CDFW for the proposed impacts to 0.15 acres of CDFW jurisdiction. The proposed 0.05 acres of impacts to waters of the State would require waste discharge requirements (WDR) under Port er- Cologne from the Santa Ana RWQCB. A MSHCP DBESP shall be prepared for impacts to 0.15 acre of riverine resources. In addition, the Project shall purchase offsite mitigation at a 2:1 ratio to accommodate the impacts to the 0.15 acres from an agency -approved mitigation bank. Therefore, impacts related to biological resources would be less than significant with incorporation of mitigation measures.
As discussed in Section V, Cultural Resources, there are no historic resources located with the Project site. In addition, surveys revealed that the potential for encountering archaeological and paleontological resources on the site is high. However, with incorporation of MM CUL -1, MM PAL-1, and MM TCR-1 through MM TCR-10, impacts to cultural and paleontological resources and TCRs would be less than significant.
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively considerable”
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current project, and the effects of probable
future projects.)?
Response:
Less than Significant with Mitigation Incorporated. The Project would develop the site with 67 single-family residences and an onsite open space pedestrian trail . As presented in this IS/MND, potential Project-related impacts are either less than significant or would be less than significant with mitigation incorporated. Based on the analysis contained in this IS/MND, Project-related impacts would be reduced to less than significant levels with the incorporation of mitigation measures. Given that the potential Project-related impacts would be mitigated to a less than significant level, implementation of the Project would not result in impacts that are cumulatively considerable when evaluated with the impacts of other cu rrent projects, or the effects of probable future projects. Therefore, the Project’s contribution to any significant cumulative impacts would be less than cumulatively considerable. As discussed in Sections I through XX of this IS/MND, mitigation would be required and incorporated as necessary. Therefore, impacts would be less than significant with mitigation incorporated.
F.2.b
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 99 City of Moreno Valley c) Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?
Response:
Less than Significant with Mitigation Incorporated. Based on the Project Description and the preceding responses in Sections I through XX of this IS/MND, implementation of the Project would not cause substantial adverse effects to human beings because all potentially significant impacts of the Project would be mitigated to a less than significant level. Therefore, since all potentially significant impacts of the Project are expected to be mitigated to a less than significant level, implementation of the Project would not cause substantial adverse effects on human beings.
Existing Plans, Programs, or Policies (PPPs)
None.
Project Design Features (PDFs)
None.
Mitigation Measures
None.
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Discovery Residential Project Page 100 City of Moreno Valley
DOCUMENT PREPARERS AND CONTRIBUTORS
Lead Agency:
City of Moreno Valley
Community & Economic Development Department
Planning Division
14177 Frederick Street
Moreno Valley, California 92552
CEQA Document Preparer:
EPD Solutions, Inc.
Konnie Dobreva, JD
Brooke Blandino
Danielle Thayer
Meaghan Truman
Alex Garber
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Attachment: Exhibit A - Final Initial Study/Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Exhibit B
NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION /
NEWSPAPER NOTICE
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Attachment: Exhibit B - Notice of Intent to Adopt a Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237)
CITY OF MORENO VALLEY
NOTICE OF INTENT
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: General Plan Amendment (PEN21 -0203), Change of Zone (PEN21 -0204), Tentative Tract Map No. 38237 (PEN21-0199), Conditional Use Permit to allow a Planned Unit Development (PEN22-0162)
Applicant: Megan Kay Whieldon, D.R. Horton Los Angeles Holding Company, Inc.
Owner: Discovery Christian Church, Moreno Valley
Location: Northeast corner of Oliver Street and Brodiaea Avenue (APNs: 486-240-010) Proposal: The Applicant proposes to develop an 8.77 -acre site with a 67 -lot single-family residential project. Applications include a General Plan Amendment to change the existing land use designation to Residential 10 (R10) with a Zone Change to change the Zoni ng designation from Residential 5 (R5) District to the Residential Single-Family 10 (RS10) District, a Conditional Use Permit for a Planned Unit Development for 67 single-family lots, including park areas, common parking, and a Tentative Tract Map to subdivide the parcel.
Council District: 3
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 Applicant proposes to develop an 8.77-acre site with a 67 -lot single-family residential project. Applications include a General Plan Amendment to change the existing land use designation to Residential 10 (R10) with a Zone Change to change the Zoning designation from Residential 5 (R5) District to the Residential Single-Family 10 (RS10) District, a Conditional Use Permit for a Planned Unit Development for 67 single -family lots, including park areas, common parking, and a Tentative Tract Map to subdivide the parcel.
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 potentially 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 30-day public review period for the Initial Study/Mitigated Negative Declaration, which begins October 14, 2022, and ends November 14, 2022 . Written comments on the Initial Study/Mitigated Negative Declaration must be received at the City of Moreno Valley Community Development Department by no later than the conclusion of the 30-day review period, 5:30 p.m. on November 14, 2022. Written comments on the Initial Study/Mitigated Negative Declaration should be addressed to:
Kirt Coury, Contract Planner
14177 Frederick Street
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Attachment: Exhibit B - Notice of Intent to Adopt a Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237) Post Office Box 88005
Moreno Valley, California 92552
Phone: (951) 413-3206
Email: [email protected]
Press-Enterprise October 14, 2022
Sean Kelleher Newspaper Date of Publication
Planning Official/Planning Division Manager
Community Development Department
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Attachment: Exhibit B - Notice of Intent to Adopt a Mitigated Negative Declaration [Revision 1] (6022 : Dr Horton Tract 38237)
Exhibit C
MITIGATION MONITORING AND REPORTING PROGRAM
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Attachment: Exhibit C - Mitigation Monitoring and Reporting Program [Revision 1] (6022 : Dr Horton Tract 38237)
Mitigated Negative Declaration
City of Moreno Valley Discovery Project
3-1
Mitigation Monitoring and Reporting Program
Introduction
The California Environmental Quality Act (CEQA) requires a lead or public agency that approves or carries out a project for which an Mitigated Negative Declaration has been certified which identifies one or more significant adverse environmental effects an d where findings with respect to changes or alterations in the project have been made, to adopt a “…reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment” (CEQA, Public Resources Code Sections 21081, 21081.6).
A Mitigation Monitoring and Reporting Program (MMRP) is required to ensure that adopted mitigation measures are successfully implemented. The City of Moreno Valley is the Lead Agency for the project and is responsible for implementation of the MMRP. This report describes the MMRP for the Project and identifies the parties that will be responsible for monitoring implementation of the individual mitigation measures in the MMRP.
Mitigation Monitoring and Reporting Program
The MMRP for the Project will be active through all phases of the Project, including design, construction, and operation. The attached table identifies the mitigation program required to be implemented by the City for the Project. The table identifies mitigation measures required by the C ity to mitigate or avoid significant impacts associated with the implementation of the Project, the timing of implementation, and the responsible party or parties for monitoring compliance.
The MMRP also includes a column that will be used by the compliance monitor (individual responsible for monitoring compliance) to document when implementation of the measure is completed. As individual Plan, Program, Policies; and mitigation measures are completed, the compliance monitor will sign and date the MMRP, indicating that the required actions have been completed.
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Attachment: Exhibit C - Mitigation Monitoring and Reporting Program [Revision 1] (6022 : Dr Horton Tract 38237)
Mitigated Negative Declaration
City of Moreno Valley Discovery Project
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Attachment: Exhibit C - Mitigation Monitoring and Reporting Program [Revision 1] (6022 : Dr Horton Tract 38237) Mitigated Negative Declaration
City of Moreno Valley Discovery Project
3-3
TABLE 1: MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure
Action and Timing Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials
BIOLOGICAL RESOURCES
MM BIO-1: Nesting Bird Survey. Prior to ground disturbances and construction activities, including vegetation removal, the Project Applicant shall ensure that impacts to nesting bird species at the Project site are avoided through the implementation of pre -construction surveys, ongoing monitoring, and if necessary, establishment of minimization measures . The Project Application shall adhere to the following:
1. Applicant shall designate a biologist (Designated Biologist) experienced in : identifying local and migratory bird species of special concern; conducting bird surveys using appropriate survey methodology; nesting surveying techniques, recognizing breeding and nesting behaviors, locating nests and breeding territories, and identifying nesting stages and nest success; determining/establishing appropriate avoidance and minimization measures; and monitor ing the efficacy of implemented avoidance and minimization measures.
2. A pre-activity field survey shall be conducted by the Designated Biologist prior to the issuance of grading permits for, to determine if active nests of species protected by the MBTA or t he California Fish and Game Code are present in the construction zone. Surveys shall be conducted at the appropriate time of day/night, during appropriate weather conditions, no more than 3 days prior to the initiation of Project activities. Surveys shall encompass all suitable areas including trees, shrubs, bare ground, burrows, cavities, and structures. Survey duration shall take into consideration the size of the Project site; density, and complexity of the habitat; number of survey participants; survey techniques employed; and shall be sufficient to ensure the data collected is complete and accurate. If a nest is suspected, but not Submittal of pre-activity
field survey results
report. Prior to
construction.
City of Moreno Valley
Community Development
Department
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Attachment: Exhibit C - Mitigation Monitoring and Reporting Program [Revision 1] (6022 : Dr Horton Tract Mitigated Negative Declaration
City of Moreno Valley Discovery Project
3-4
Mitigation Measure
Action and Timing Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials
confirmed, the Designated Biologist shall establish a disturbance-free buffer until additional surveys can be completed, or until the location can be inferred based on observations. If a nest is observed, but thought to be inactive, the Designated Biologist shall monitor the nest for one hour (four hours for raptors during the non -breeding season) prior to approaching the nest to determine status. The Designated Biologist shall use their best professional judgement regarding the monitoring period and whether approaching the nest is appropriate.
3. If active nests are found during nesting bird surveys, the Designated Biologist shall immediately establish a conservative avoidance buffer surrounding the nest based on their best professional judgement and experience. The Designated Biologist shall monitor the nest at the onset of Project activities, and at the onset of any changes in s uch Project activities (e.g., increase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. If the Designated Biologist determines that such Project activities may eb casing an adverse reaction, the Designated Biologist shall adjust the buffer accordingly or implement alternative avoidance and minimization measures, such as redirecting or rescheduling construction or erecting sound barriers. All work within these buffers will be halted until the nesting effort is finished (i.e., the juveniles are surviving independent from the nest). The onsite Designated Biologist will review and verify compliance with these nesting avoidance buffers and will verify the nesting effort has finished. Work can resume within these avoidance areas when no other active nests are found.
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Attachment: Exhibit C - Mitigation Monitoring and Reporting Program [Revision 1] (6022 : Dr Horton Tract Mitigated Negative Declaration
City of Moreno Valley Discovery Project
3-5
Mitigation Measure
Action and Timing Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials
MM BIO-2: State Drainages. A 1602 Streambed Alteration Agreement shall be obtained from the CDFW for the proposed impacts to 0.346 acres of CDFW jurisdiction.
The proposed 0.29 acres of impacts to waters of the State would require waste discharge requirements (WDR) under Port -Cologne from the Santa Ana RWQCB.
A MSHCP DBESP shall be prepared for impacts to 0. 346 acre of riverine resources. In addition, the Project shall purchase offsite mitigation at a 2:1 ratio by purchasing 0.692 acres of re -establishment credits at River Park Mitigation Bank to accommodate the impacts to the 0.15 acres from an agency-approved mitigation bank.
Obtain 1602 Streambed
Alteration Agreement
and WDR. Prior to
Grading Permit.
City of Moreno Valley
Community Development
Department
MM BIO-3: Waters of the United States . A USACE Nationwide Permit 29 and RWQCB Section 401 Water Quality Certification under the Clean Wa ter Act shall be obtained for the proposed impacts to 0.29 acre of ephemeral stream considered Waters of the U.S.
Obtain Permit 29. Prior to
Grading Permit.
MM BIO-4: Tree Replacement. Trees within the P roject site will be surveyed by a qualified arborist prior to construction. Trees removed as part of the Project will be replaced per Chapter 9.17, Landscape and Water Efficiency Requirements, of the City’s Municipal Code, which states that projects necessitating the removal of existing trees with four -inch or greater trunk diameters (calipers), shall be replaced at a three to one ratio, with minimum twenty-four (24) inch box size trees of the same species, or a minimum thirty - six (36) inch box for a one to one replacement, where approved.
Submittal of arborist
report. Prior to Grading
Permit.
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Attachment: Exhibit C - Mitigation Monitoring and Reporting Program [Revision 1] (6022 : Dr Horton Tract Mitigated Negative Declaration
City of Moreno Valley Discovery Project
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Mitigation Measure
Action and Timing Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials
CULTURAL RESOURCES
MM CUL -1: Archaeological Monitoring and Cultural Resources Monitoring Plan (CRMP) An archaeological monitoring program prepared for the Project shall stipulate that a qualified archaeologist shall conduct monitoring during the grading of the firs t three to five feet of the property. Prior to the granting of a grading permit for the Project, the archaeologist shall prepare a CRMP for review and concurrence by the City. The CRMP should stipulate the loca l locations and depths for archaeological moni toring, the procedures and protocols for discoveries, and the treatment of any artifacts recovered. Should cultural resources be discovered during earthwork, the CRMP will stipulate that the archaeologist shall have the authority to detour grading away from the discovery until an evaluation can be made.
Should the discovery be determined to be significant, the CRMP shall include specific additional mitigation measures, such as data recovery, to mitigate adverse impacts to the discovered re source to a less than significant impact.
All cultural resource discoveries will require that the site be registered at the EIC and that the City of Moreno Valley be immediately notified of the discovery and any additional mitigation measures.
Confirmation of
professional
archaeologist
retention/ongoing/monit
oring/submittal of Report
of Findings. Prior to
Grading Permit and
during subsurface
excavation.
City of Moreno Valley
Community Development
Department
PALEONTOLOGICAL
MM PAL-1: Paleontological Monitoring. Prior to the issuance of a grading plan, a paleontologist shall prepare a Paleontological Resource Impact Mitigation Plan (PRIMP) for submittal and review by the City. Implementation of the PRIMP will ensure that adver se impacts to potentially significant paleontological resources are mitigated to a level less than significant. The PRIMP should follow the outline below:
Submittal of a
Paleontological Resource
Impact Mitigation Plan.
Prior to Grading Permit.
City of Moreno Valley
Community Development
Department
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Attachment: Exhibit C - Mitigation Monitoring and Reporting Program [Revision 1] (6022 : Dr Horton Tract Mitigated Negative Declaration
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Mitigation Measure
Action and Timing Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials
1. Monitoring of mass grading and excavation activities in areas identified as likely to contain paleon tological resources shall be performed by a qualified paleontologist or paleontological monitor. The PRIMP shall stipulate that monitoring will be conducted either full or part time at the determination of the paleontologist, based upon the identification of undisturbed sediments of Pleistocene very old alluvial fan deposits (“Qvofa”). Monitoring of Holocene young sandy alluvial fan deposits (“Qyfa”) is not recommended; however, these deposits are likely relatively thin and overlie Pleistocene very old allu vial fan deposits. Therefore, monitoring in areas mapped as young sandy alluvial fan deposits may commence when those deposits are graded away and the very old alluvial fan deposits become exposed. The Project paleontologist is responsible to periodically visit the property during the initial stages of grading to identify the Pleistocene deposits and direct the initiation of monitoring.
2. Paleontological monitors shall be equipped to salvage fossils as they are unearthed to avoid construction delays. The monitor must be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens in a timely manner. The monitor shall notify the Project paleontologist, who will then notify the concerned parties of the discovery. 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 low potential to contain fossil resources.
3. Fossils shall b e collected and placed in cardboard flats or plastic buckets and identified by field number, collector, and date collected. Notes shall be taken on the map location and stratigraphy of the site, which is photographed before it is vacated, and the fossils a re removed to a safe place. On mass grading projects, discovered fossil sites shall be protected by flagging to prevent them from being over -run by earthmovers (scrapers) before salvage begins. Fossils shall be collected in a similar F.2.o
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Attachment: Exhibit C - Mitigation Monitoring and Reporting Program [Revision 1] (6022 : Dr Horton Tract Mitigated Negative Declaration
City of Moreno Valley Discovery Project
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Mitigation Measure
Action and Timing Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials
manner, with notes and photographs being taken before removing the fossils. Precise location of the site shall be determined with the use of handheld GPS units. If the site involves remains from a large terrestrial vertebrate, such as large bone(s) or a mammoth tusk, that is/are too large to be easily removed by a single monitor, a fossil recovery crew shall excavate around the find, encase the find within a plaster and burlap jacket, and remove it after the plaster is set. For large fossils, use of the contractor’s construction equipment may be solicited to help remove the jacket to a safe location.
4. Isolated fossils shall be collected by hand, wrapped in paper, and placed in temporary collecting flats or five -gallon buckets. Notes shall be taken on the map location and stratigraphy of the site, which shall be photographed before it shall be vacated and the fossils are removed to a safe place.
5. Particularly small invertebrate fossils typically represent multiple specimens of a limited number of organisms, and a scientifically sui table sample can be obtained from one to several five -gallon buckets of fossiliferous sediment. If it is possible to dry screen the sediment in the field, a concentrated sample may consist of one or two buckets of material. For vertebrate fossils, the test is usually the observed presence of small pieces of bones within the sediments. If present, as many as 20 to 40 five -gallon buckets of sediment can be collected and returned to a separate facility to wet-screen the sediment.
6. In accordance with the “Micro fossil Salvage” section of the Society of Vertebrate Paleontology guidelines (2010:7), bulk sampling and screening of fine-grained sedimentary deposits (including carbonate -rich paleosols) must be performed if the deposits are identified to possess indicat ions of producing fossil “microvertebrates” to test the feasibility of the deposit to yield fossil bones and teeth.
7. In the laboratory, individual fossils are cleaned of extraneous matrix, any breaks are repaired, and the specimen, if needed, is stabilized by soaking F.2.o
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City of Moreno Valley Discovery Project
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Mitigation Measure
Action and Timing Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials
in an archivally approved acrylic hardener (e.g., a solution of acetone and Paraloid B-72).
8. Recovered specimens are prepared to a point of identification and permanent preservation (not display), including screen -washing sediments to recover s mall invertebrates and vertebrates. Preparation of individual vertebrate fossils is often more time -consuming than for accumulations of invertebrate fossils.
9. Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage (e.g., the Western Science Center) shall be conducted. The paleontological program should include a written repository agreement prior to the initiation of mitigation activities. Prior to curation, the lead agency (e.g., the City of Moreno Valley) will be consulted on the repository/museum to receive the fossil material.
10. A final report of findings and significance will be prepared, including lists of all fossils recovered and nec essary maps and graphics to accurately record their original location(s). The report, when submitted to, and accepted by, the appropriate lead agency, will signify satisfactory completion of the project program to mitigate impacts to any potential nonrenewable paleontological resources (i.e., fossils) that might have been lost or otherwise adversely affected without such a program in place.
11. Decisions regarding the intensity of the PRIMP will be made by the Project paleontologist based on the significance o f the paleontological resources and their biostratigraphic, biochronologic, paleoecologic, taphonomic, and taxonomic attributes, not upon the ability of a Project proponent to fund the PRIMP.
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City of Moreno Valley Discovery Project
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Mitigation Measure
Action and Timing Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials
TRIBAL
MM TCR -1: Archaeological Monitoring. Prior to the issuance of a grading permit, the Developer shall retain a professional archaeologist, who meets the U.S. Secretary of the Interior Standards, to conduct monitoring of all mass grading and trenching activities.
The Project Archaeologist, in consultation with the Consulting Tribe(s) including Rincon Band of Luiseño Indians, the contractor, and the City, shall develop a CRMP as defined in TCR -3. The Project archeologist shall attend the pre-grading meeting w ith the City, the construction manager and any contractors and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance. The archaeological monitor shall have the authority to temporarily halt and redirect earth moving activities in the affected area in the event that suspected archaeological resources are unearthed.
Submit a CRMP prepared
by Professional
Archaeologist in
consultation with Tribe.
Prior to Grading Permit.
Qualified Professional
Archeologist/ City of
Moreno Valley
Community Development
Department
MM TCR -2: Native American Monitoring . Prior to the issuance of a grading permit, the Developer shall secure agreements with the Rincon 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 mass grading and trenching activities. The Native American Tribal Representatives shall have the authority to temporarily halt and redirect earth moving activities in the affected area in the event that suspected archaeological resourc es are unearthed. The Native American Monitor(s) shall attend the pre -grading meeting with the Project Archaeologist, City, the construction manager and any contractors and will conduct the Tribal Perspective of the mandatory Cultural Resources Worker Sensitivity Training to those in attendance.
Secure Tribal Monitoring
Agreements. Prior to
Grading Permit.
City of Moreno Valley
Community Development
Department
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Mitigation Measure
Action and Timing Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials
MM TCR-3: Cultural Resource Disposition . In the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries:
a. One or more of the following treatments, in order of pref erence, 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 MM CR-1. This shall include measures and provisions to protect the future reburial area from any future impacts in perpetuity.
Reburial shall not occur until all legally required cataloging and basic recordation have been completed. No recordation of sacred items is permitted without the written consent of all Consulting Native American Tribal Governments as defined in CR -1. The location for the future reburia l area shall be identified on a confidential exhibit on file with the City, and concurred to by the Consulting Native American Tribal Governments prior to certification of the environmental document.
Treatment of human
remains and/or
associated funerary
objects. Upon
unanticipated discovery
of human and/or
funerary remains.
City of Moreno Valley
Community Development
Department
MM TCR -4: Cultural Resource Monitoring Plan (CRMP). The Project Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a CRMP in consultation pursuant to the definition in AB52 to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the project site. A consulting Tribe is defined as a Tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB52 consultatio n process, and has Submit a CRMP prepared
by Professional
Archaeologist in
consultation with Tribe.
Prior to Grading Permit.
Qualified Professional
Archeologist/ City of
Moreno Valley
Community Development
Department
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City of Moreno Valley Discovery Project
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Mitigation Measure
Action and Timing Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials
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 w ill follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation. f) The type of recordation needed for inadvertent finds and the stip ulations of recordation of sacred items.
g) Contact information of relevant individuals for the Project.
MM TCR 5: Grading Plan . 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."
Verify note is included in
Grading Plan. Prior to
Grading Permit.
City of Moreno Valley
Community Development
Department
MM TCR 6: Inadvertent Finds . 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 Cease all ground
disturbing activity within
100 feet of the
City of Moreno Valley
Community Development
Department
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Mitigation Measure
Action and Timing Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials
in the affected area within 100 feet of the uncovered resource must cease immediately and a qualified person meeting the Secretary of the Interior's standards (36 CFR 61), Tribal Representatives, and all site monitors per the Mitigation Measures, shall be 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 Community Development Department 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 MM TCR -2 before any further work commences in the affected area. If the find is determined to be significant and avoidance of the si te has not been achieved, a Phase III data recovery plan shall be prepared by the Project Archeologist, in consultation with the Tribe, and shall be submitted to the City for their review and approval prior to implementation of the said plan.
uncovered resource and
contact qualified persons,
consulting Tribes, and
site monitors. In the case
of an inadvertent historic
or cultural find.
MM TCR 7: Human Remains. 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 Am erican, 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 recommendation s and engage in consultations concerning the treatment of the remains (California Public Resources Code 5097.98). (GP Objective 23.3, CEQA).
Cease all ground
disturbing activity and
contact NAHC within 24
Hours per PRC 5097.98 if
remains are potentially
Native American. In the
case of an inadvertent
City of Moreno Valley
Community Development
Department
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Mitigation Measure
Action and Timing Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials
discovery of human
remains.
MM TCR 8: Non-Disclosure of Reburial Locations. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r).
Reburial locations shall
not be publicly disclosed.
Pre- and post-project.
City of Moreno Valley
Community Development
Department
MM TCR 9: Archeology Report - Phase III and IV. 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 Cultu ral 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 dur ing 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).
Submittal of two (2)
copies of the Phase III
and IV Data Recovery
Reports (if required).
Prior to Final Inspection.
Developer/Archaeologist/
City of Moreno Valley
Community Development
Department
MM TCR 10: Tribe Notification. The San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted regarding any precontact and/or historic -era finds and be provided information after the Contact San Manuel Band
of Mission Indians
Cultural Resources
City of Moreno Valley
Community Development
Department
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Attachment: Exhibit C - Mitigation Monitoring and Reporting Program [Revision 1] (6022 : Dr Horton Tract Mitigated Negative Declaration
City of Moreno Valley Discovery Project
3-15
Mitigation Measure
Action and Timing Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials
archaeologist makes his/her initial asse ssment of the nature of the find, so as to provide Tribal input with regards to significance and treatment. In the event of any precontact and/or historic -era finds, SMBMI shall be included as a consulting tribe under TCR-1 through TCR-9.
Department (SMBMI). In
the event of any
precontact and/or
historic-era finds.
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Attachment: Exhibit C - Mitigation Monitoring and Reporting Program [Revision 1] (6022 : Dr Horton Tract Mitigated Negative Declaration
City of Moreno Valley Discovery Project
3-16
PPP Action and Timing
Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
AIR QUALITY
PPP AQ -1: Rule 403. All applicable measures included in Rule 403, shall be incorporated into Project plans and specifications as implementation of Rule 403, which include but are not limited to (1):
• All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions.
• The contractor shall ensure that traffic speeds on unpaved roads and Project site areas are limited to 15 miles per hour or less.
• The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the Project are watered at least three (3) times daily during dry weather. Watering, with complete coverage of disturbed areas, shall occur at least three times a day , preferably in the mid -morning, afternoon, and after work is done for the day.
Compliance with Rule
403. Construction.
City of Moreno Valley
Community Development
Department
PPP AQ-2 Rule 1108. All asphalt used during construction and operation shall comply with Rules 1108 and 1108.1:
• VOC contents of asphalt shall be limited and regulated during construction and any on-going maintenance.
Compliance with Rule
1108. Construction.
City of Moreno Valley
Community Development
Department
PPP AQ -2: Rule 1113 . The following measures shall be incorporated into Project plans and specifications as implementation of SCAQMD Rule 1113 (2):
• Only “Low -Volatile Organic Compounds (VOC)” paints (no more than 50 gram/liter of VOC) consistent with SCAQMD Rule 1113 shall be used.
Compliance with Rule
1113. Construction.
City of Moreno Valley
Community Development
Department
CULTURAL RESOURCES
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Attachment: Exhibit C - Mitigation Monitoring and Reporting Program [Revision 1] (6022 : Dr Horton Tract Mitigated Negative Declaration
City of Moreno Valley Discovery Project
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PPP CUL-1: Should human remains be discovered during Project construction, the Project would be required to comply with State Health and Safety Code Section 7050.5, which states that no further disturbance may occur in the vicinity of the body until the Co unty Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Nat ive American Heritage Commission, which will determine the identity of and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD must complet e the inspection within 48 hours of notification by the NAHC.
Cease all ground
disturbing activity and
contact NAHC within 24
Hours per PRC 5097.98 if
remains are potentially
Native American. In the
case of an inadvertent
discovery of human
remains.
City of Moreno Valley
Community Development
Department
GEOLOGY
PPP GEO-1: California Building Code. The Project is required to comply with the California Building Code as included in the City’s Municipal Code Chapter
8.20 to preclude significant adverse effects associated with seismic hazards.
California Building Code related and geologist and/or civil engineer specifications for the Project are required to be incorporated into grading plans and specifications as a condition of Project approval.
Comply with California
Building Cod. Prior to
Grading Permit.
City of Moreno Valley
Community Development
Department
WATER QUALITY
PPP WQ -1: SWPPP. Prior to grading permit issuance, the Project developer shall have a Stormwater Pollution Prevention Plan (SWPPP) prepared by a QSD (Qualified SWPPP Developer) pursuant to the Municipal Code Section 8.21.170.
The SWPPP shall incorporate all necessary Best Management Practices (BMPs) and other City requirements to comply with the National Pollutant Discharge Elimination System (NPDES) requirements to limit the potential of polluted runoff during construction activities. Project contractors shall be required to ensure compliance with the SWPPP and permit periodic inspection of the Review and approval of
SWPPP. Prior to Grading
Permit.
City of Moreno Valley
Community Development
Department
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Attachment: Exhibit C - Mitigation Monitoring and Reporting Program [Revision 1] (6022 : Dr Horton Tract Mitigated Negative Declaration
City of Moreno Valley Discovery Project
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construction site by City of Moreno Valley staff or its designee to confirm compliance.
UTILITIES
PPP E-1: CalGreen Compliance.
Comply with CalGreen
standards. Prior to Final
Inspection.
City of Moreno Valley
Community Development
Department
PPP UT-1: AB 341. Implementation of the Project shall comply with AB 341 that would divert a minimum of 75 percent of operational solid waste from landfill facilities.
Comply with AB 341.
During Project operation.
Developer/City of
Moreno Valley
Community Development
Department
PPP UT-2: Implementation of the Project shall comply with the City’s Municipal Code Chapter 8.80, Recycling and Diversion of Construction and Demolition Waste, which requires that developments must divert at least 50 percent of waste generated from demolit ion and construction and submit a waste management plan.
Comply with Municipal
Code Chapter 8.80.
During Project
construction.
Developer/City of
Moreno Valley
Community Development
Department
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Attachment: Exhibit C - Mitigation Monitoring and Reporting Program [Revision 1] (6022 : Dr Horton Tract RESOLUTION NUMBER 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, APPROVI NG GENERAL PLAN AMENDMENT
(PEN21-0203), TO AMEND THE GENERAL PLAN LAND USE MAP,
CHANGING THE LAND USE DESIGNATION FROM RESIDENTIAL 5 (R5) TO RESIDENTIAL 10 (R10), CONDITIONAL USE PERMIT (PEN 22-0162) AND TENTATIVE TRACT MAP 38237 (PEN21 -0199), FOR A PLANNED
UNIT DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF
OLIVER STREET AND BRODIAEA AVENUE (APN: 486 -240-010) AND
THE NECE SSARY AND CORRESPONDING AMENDMENTS TO THE
CITY’S ZONING ATLAS
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California, and has the authority to approve amendments to the City’s General Plan and City’s Zoning Atlas; and
WHEREAS, DR Horton Los Angeles Holding Company Inc., (“Applicant”) has submitted applications for Discovery Residential P roject which includes approval of General Plan Amendment (PEN21- 0203), Conditional Use Permit (PEN22-0162), and Tentative Tract Map 38237 (PEN21- 0199) for the development of a 67 single- family lot residential project with associated amenities and public improvements (“ Proposed Project”), located on the northeast corner of Oliver Street and Brodiaea Avenue (APN 486- 240-010) (“Project Site”); and
WHEREAS, Section 9.02.060 (Conditional Use Permits) of the Moreno Valley Municipal Code acknowledges that the purpose of a conditional use permit is to allow the establishment of uses that may have special impacts or uniqueness such that their effect on the surrounding env ironment cannot be determined in advance of the use being proposed for a particular location and that the conditional use permit application process involves the review of the location, design, and configuration of improvements related to the Proposed Project, and the potential impact of the Proposed Project on the surrounding area based on fixed and established standards; and
WHEREAS, Chapter 9.14 (Land Division) of the Moreno Valley Municipal Code imposes conditions of approval upon projects for which a Tentative Tract Map is required, which conditions may be imposed by the City to address on- site improvements, off -site improvements, the manner in which the Project 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, the applications for the Proposed Project have been evaluated in accordance with Section 9.02.060 (Conditional Use Permits) and Chapter 9.14 (Land Divisions), respectively, of the Municipal Code with consideration given to the City’s General Plan, Zoning Ordinance, and other applicable laws and regulations; and WHEREAS, pursuant to the provisions of Section 9.02.200 (Public Hearing and F.2.p
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Attachment: Resolution No. 2022-XX - General Plan Amendment, Conditional Use Permit, and Tentative Tract Map [Revision 1] (6022 : Dr Notification Procedures) of the Moreno Valley Municipal Code and Government Code section 65905, a public hearing was scheduled for December 20, 2022, and notice thereof was duly published and posted, and mailed to all property owners of record with 600 feet of the Site; and
WHEREAS, on November 17, 2022, the public hearing to consider the Proposed Project was duly conducted by the Planning Commission at which time all interested persons were provided with an opportunity to testify and to present evidence; and WHEREAS, on November 17, 2022, a hearing was conducted by the Planning Commission to consider General Plan Amendment (PEN21-0203), whereby the Planning Commission approved Planning Commission Resolution 2022-49, a recommendation that the City Council approve General Plan Amendment (PEN21-0203); and WHEREAS, on November 17, 2022, a hearing was conducted by the Planning Commission to consider Conditional Use Permit (PEN22- 0162) and Tentative Tract Map 38237 (PEN21-0199), whereby the Planning Commission approved Planning Commission Resolution 2022- 51, a recommendation that the City Council approve Conditional Use Permit (PEN22-0162) and Tentative Tract Map 38237 (PEN21-0199; and WHEREAS, on November 17, 2022, in accordance with the provisions of the California Environmental Quality Act (CEQA) and CEQA Guidelines, the Planning Commission considered and recommended that the City Council approve Resolution 2022-48 recommending that the City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the DR Horton Discovery Residential project located on the northeast corner of Oliver Street and Brodiaea Avenue (APN 486- 240-010); and
WHEREAS, on December 20, 2022 the public hearing to consider the Proposed Project was duly conducted by the City Council at which time all interested persons were provided with an opportunity to testify and to present evidence; and WHEREAS, on December 20, 2022, in accordance with the provisions of the California Environmental Quality Act (CEQA) and CEQA Guidelines, the City Council considered and approved Resolution 2022- adopting the Proposed Project’s Mitigated Negative Declaration, and adopting a Mitigation Monitoring and Reporting Program.
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 F.2.p
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Attachment: Resolution No. 2022-XX - General Plan Amendment, Conditional Use Permit, and Tentative Tract Map [Revision 1] (6022 : Dr 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
That the City Council has considered all of the evidence submitted into the administrative record for the General Plan Amendment , including, but not limited to, the following:
(a) Moreno Valley General Plan and all relevant provisions contained therein; (b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code and all other relevant provisions referenced therein;
(c) The Moreno Valley General Plan amendment changing t he land use designation from Residential 5 (R5) to Residential 10 (R10) and all relevant provisions contained therein as shown on Exhibit A;
(d) Applications for a General Plan Amendment (PEN21-0203), Change of Zone (PEN21-0204) and corresponding amendment to the City’s Zoning Atlas, Conditional Use Permit (PEN22 -0162), and Tentative Tract Map 32837(PEN21-0199), and all documents, records and references contained therein;
(e) Staff Report prepared for the City Council’s consideration and all documents, records and references related thereto, and Staff’s presentation at the public hearing;
(f) Testimony and/or comments from Applicant and its representatives during the public hearing; and
(g) Testimony, comments and correspondence from all persons that were provided in written format or correspondence, at, or prior to, the public hearing.
Section 4. Findings
That based on the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the City Council makes the following findings:
(a) The proposed General Plan Amendment and Change of Zone are consistent with the existing goals, objectives, policies, and programs of the General Plan;
(b) The proposed General Plan Amendment and Change of Zone will not adversely affect the public health, safety, or general welfare; (c) The Proposed Project is consistent with the purposes and intent of Title 9; (d) The Proposed Project is consistent with the goals, objectives, policies, and programs of the general plan;
(e) The Proposed Project complies with all applicable zoning and other regulations;
(f) The Proposed Project will not be detrimental to the public health, safety, or F.2.p
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Attachment: Resolution No. 2022-XX - General Plan Amendment, Conditional Use Permit, and Tentative Tract Map [Revision 1] (6022 : Dr welfare or materially injurious to properties or improvements in the vicinity; (g) The location, design, and operation of the Proposed Project will be compatible with existing and planned land uses in the vicinity; (h) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans;
(i) That the Project Site is physically suitable for the type of development; (j) That the Project Site of the proposed land division is physically suitable for the proposed density of the development;
(k) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife and/or their habitat; (l) That the design of the subdivision or type of improvement s is not likely to cause serious public health problems;
(m) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision;
(n) That the requirements of CEQA have been satisfied;
(o) That the proposed land division is not subject to the Williamson Act pursuant to the California Land Conservation Act of 1965;
(p) That the proposed land division and the associated design and improvements are consistent with applicable ordinances of the city; (q) That the design of the land division provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision; and (r) That the effect of the Proposed Project on the housing needs of the region were considered and balanced against the public service needs of the residents of Moreno Valley and available fiscal and environmental resources.
Section 5. Approval
That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings set forth above, the City Council hereby approves Proposed Project, including but not limited to the General Plan Amendment (PEN21-0203) as depicted in the exhibit attached hereto as Exhibit A, and any necessary and corresponding amendment to the City’s Zoning Atlas to reflect the proposed changes in the zoning classification and/or redistricting associated with the General Plan Amendment , subject to the Conditions of Approval for Conditional Use Permit (PEN22-0162) and Tentative Tract Map 38237 (PEN21-0199), attached hereto and Exhibit B.
Section 6. Repeal of Conflicting Provisions
That all the provisions as heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.
Section 7. Severability
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court F.2.p
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Attachment: Resolution No. 2022-XX - General Plan Amendment, Conditional Use Permit, and Tentative Tract Map [Revision 1] (6022 : Dr action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 8. Effective Date
That this Resolution shall take effect immediately upon the date of adoption.
Section 9. Certification
That the City Clerk shall certify to the passage of this Resolution.
PASSED AND ADOPTED THIS 20th day of December, 2022.
____________________________________
Ulises Cabrera, Mayor
ATTEST:
____________________________________
Jane Halstead, City Clerk
APPROVED AS TO FORM:
____________________________________
Steven B. Quintanilla, Interim City Attorney
Exhibits:
Exhibit A: General Plan Amendment Land Use Designation Map Exhibit B: Conditional Use Permit (PEN22 -0162) and Tentative Tract Map 38237 (PEN21-0199) Conditions of Approval
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Attachment: Resolution No. 2022-XX - General Plan Amendment, Conditional Use Permit, and Tentative Tract Map [Revision 1] (6022 : Dr Exhibit A
General Plan Amendment Land Use Designation Map
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Attachment: Resolution No. 2022-XX - General Plan Amendment, Conditional Use Permit, and Tentative Tract Map [Revision 1] (6022 : Dr 1,777.9
1,491.1
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet1,491.10 745.54
General Plan Land Use
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:
11/3/2022Print Date:
Legend
Residential 10 District (R10)
Proposed Land Use
Residential 5 (R5)
Current Land Use
Project
Site
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Attachment: Resolution No. 2022-XX - General Plan Amendment, Conditional Use Permit, and Tentative
Exhibit B
Conditional Use Permit (PEN22-0162) and Tentative Tract Map 38237 (PEN21-0199) Conditions of Approval
F.2.p
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Attachment: Resolution No. 2022-XX - General Plan Amendment, Conditional Use Permit, and Tentative Tract Map [Revision 1] (6022 : Dr
CONDITIONS OF APPROVAL
Tentative Tract Map (PEN21-0199)
Conditional Use Permit (PEN22-0162)