Moreno Valley City Council
February 21, 2023

CITY OF MORENO VALLEY

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0102)
EFFECTIVE DATE:

EXPIRATION DATE:

COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division

1. A change or modification to the land use or the approved site plans may require a separate
approval. Prior to any change or modification, the property owner shall contact the City of Moreno Valley Community Development Department to determine if a separate approval is required.

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

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

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

5. The Developer shall defend, indemnify and hold harmless the City, city council, commissions,
boards, subcommittees and the City’s elected and appointed officials, commissioners, board members, officers, agents, consultants and employees (“City Parties”) from and against any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following items: ( i) any prior or current agreements by and among the City and the Developer; (ii) the current, concurrent and subsequent permits, licenses and entitlements approved by the City; (iii) any environmental determination made by the City in connection with the Project Site and the Project; and (iv) any proceedings or other actions undertaken by the City in connection with the adoption or approval of any of the 1 of 18
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CONDITIONS OF APPROVAL
Plot Plan (PEN21-0102)

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.

6. This project is located within Specific Plan 208. The provisions of the specific plan, the design manual, their subsequent amendments, and the Conditions of Approval shall prevail unless modified herein. (MC 9.13)

7. The site shall be developed in accordance with the approved plans on file in the Community
Development Department, and as conditioned - 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

8. The owner or owner’s representative shall establish and maintain a relationship with the City of Moreno Valley and cooperate with the Problem Oriented Policing (POP) program, or its successors.

9. The site has been approved for an automobile parking lot with approximately 194 parking
stalls designed to meet all on-site parking requirements, fencing, landscaping, and street improvements. A change or modification shall require separate approval.

10. Tubular steel fencing is required along Heacock Street wrapping a minimum of 100 feet
east on each the northern property line and the south property line. Coated Chain Line fencing shall be used along the remaining perimeter property line.

11. Included in the grading plan submittal, the parking lot shall be designed consistent with
the City's Municipal Code (9.11 and 9.17.050) requirements to include the following:
a. Parking lot design shall include openings in curbs to convey water runoff into landscape areas for water quality, retention, and absorption. b. Auto parking spaces shall be clearly outlined with white double lines on the surface of the parking facility (three-inch line – six-inch space - three-inch line) for a 2 of 18
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CONDITIONS OF APPROVAL
Plot Plan (PEN21-0102)

total of twelve (12) inches or as otherwise specified by the Building Official. c.

Auto headlights in parking areas shall be screened so that they do not shine into adjacent properties or the public right-of-way. Low hedge planting or wall may be required.
d. Finger planters shall have a minimum interior dimension of five (5) feet by sixteen (16) feet, (or as approved by the Community Development Director), exclusive of curbs, step-outs, and other hard surfaces. A finger planter with parking on one side has a minimum curb-to-curb face dimension of seven feet. A finger planter with parking on both sides has a minimum curb-face-to-curb-face dimension of eight (8) feet.
e. Diamond planters are required where double rows of parking are provided. f. Diamond planters have a minimum of twenty-five (25) square foot interior area (exclusive of perimeter curbing) with minimum interior dimensions of five feet by five feet.
g. End islands or finger planters are provided at the end of each aisle of parking to define parking lot circulation and provide sight distance at the intersection of drive aisles and places for trees.

Prior to Grading Permit

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

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

14. 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.

15. Prior to the issuance of any grading permits, final landscaping and irrigation plans shall
be submitted for review and approved by the Planning Division. After the third plan check review for landscape plans, an additional plan check fee shall apply .

The plans shall be prepared in accordance with the City's Landscape Requirements and shall include:
a. A solid hedge or berm shall be placed in any setback areas between a public right of way and a parking lot for screening.
b. Finger and end planters with required step-outs and curbing shall be provided every 12 parking stalls as well as at the terminus of each aisle. c. Diamond planters shall be provided every 3 parking stalls. d. Drought tolerant landscape shall be used. No sod shall be installed. e. Enhanced landscaping shall be provided at all driveway entries and street 3 of 18
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CONDITIONS OF APPROVAL
Plot Plan (PEN21-0102)

corner locations The review of all utility boxes, transformers, etc. shall be coordinated to provide adequate screening from public view. f. All site perimeter and parking lot landscape and irrigation shall be installed prior to any occupancy of the parking lot.

16. Prior to issuance of a grading 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)

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

18. Prior to the issuance of a grading permit, detailed, on -site, computer generated, point-by-point comparison lighting plan, including exterior building, parking lot, and landscaping lighting, shall be submitted to the Planning Division for review and approval. The lighting plan shall be generated on the plot plan and shall be integrated with the final landscape plan. The plan shall indicate the manufacturer's specifications for light fixtures used, shall include style, illumination, location, height and method of shielding per the City ’s Municipal Code requirements. After the third plan check review for lighting plans, an additional plan check fee will apply. ( MC

9.08.100, 9.16.280)
Prior to Building Final or Occupancy

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

20. Prior to final occupancy, all required and proposed fences shall be constructed according to the approved plans on file in the Planning Division. (MC 9.080.070).

Building Division

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

22. Prior to submittal, all new development are required to obtain a valid property address prior to permit application. Addresses can be obtained by contacting the 4 of 18
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CONDITIONS OF APPROVAL
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Building Safety Division at 951.413.3350.

23. Building applications for permits will be required for site development of this project including
but not limited to accessible parking, stripping, walkways, access aisles, access point to the public way, and electrical installations. Building applications and permit issuance will be required prior to issuance of any grading permits associated with this project. Contact the Building Safety Division for permit application submittal requirements.

24. 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.

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

26. 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.

27. 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.

28. 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

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

30. 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 5 of 18
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CONDITIONS OF APPROVAL
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Bureau. (CFC 501.4, and MV City Standard Engineering Plan 108d)

31. 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)

32. 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)

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

34. 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)

35. Prior to issuance of Certificate of Occupancy or Building Final, street numbers shall be displayed in a prominent location on the street side and rear access locations .

The numerals shall be a minimum of twelve inches in height. (CFC 505.1, MVMC

8.36.060[I])

36. Prior to issuance of Certificate of Occupancy, approval shall be required from the County of Riverside Community Health Agency (Department of Environmental Health) and Moreno Valley Fire Prevention Bureau to maintain, store, use, handle materials, or conduct processes which produce conditions hazardous to life or property, and to install equipment used in connection with such activities. ( CFC 105)

37. 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.

38. 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. 6 of 18
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CONDITIONS OF APPROVAL
Plot Plan (PEN21-0102)

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

40. 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])

41. Prior to issuance of the grading 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)

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

43. 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)

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

45. 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)

46. 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)

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

The applicant /developer shall provide documentation to show there exists a water system capable of delivering said waterflow for 2 hour(s) duration at 20-PSI residual operating pressure. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection 7 of 18
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CONDITIONS OF APPROVAL
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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)

48. Prior to issuance of Certificate of Occupancy or Building Final, the applicant/developer shall be responsible for obtaining underground and /or above ground tank permits for the storage of combustible liquids, flammable liquids, or any other hazardous materials from both the County of Riverside Community Health Agency Department of Environmental Health and the Fire Prevention Bureau. ( CFC 105)

49. Prior to issuance of Grading 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.

FINANCIAL & MANAGEMENT SERVICES DEPARTMENT
Moreno Valley Utility

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

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

Prior to issuance of a grading permit, the Developer shall coordinate and receive approval from the City Engineer to install, construct, improve, and dedicate to the City all utility infrastructure including but not limited to, conduit, equipment, vaults, 8 of 18
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ducts, wires (including fiber optic cable ), switches, conductors, transformers, and “bring-up” facilities including electrical capacity to serve the identified development and other adjoining, abutting, or benefiting projects as determined by Moreno Valley Utility – collectively referred to as “utility system” (to and through the development ), along with any appurtenant real property easements, as determined by the City Engineer to be necessary for the distribution and /or delivery of any and all “utility services” to and within the project. For purposes of this condition, “utility services ” shall mean electric, cable television, telecommunication (including video, voice, and data) and other similar services designated by the City Engineer. “Utility services ” shall not include sewer, water, and natural gas services, which are addressed by other conditions of approval.

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

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

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

53. Prior to issuance of a grading permit, this project shall coordinate and receive approval from the City Engineer to install, construct, improve, and dedicate to Moreno Valley Utility electric streetlight improvements consisting of streetlight poles, mast-arms, fixtures conduit, wiring, terminations and pull boxes to serve the identified development and other adjoining, abutting, or benefiting projects as determined by the Land Development Department along with any appurtenant real property easements, as determined by the City Engineer to be necessary for the distribution and /or delivery of any and all “street light services” to and within the project.

54. If this project will include the installation and interconnection of any generating or energy storage equipment, this project shall submit an application, coordinate and receive approval from the Moreno Valley Electric Utility. For the most recent application requirements and for submitting interconnection applications, email m v u s o l a r @ m o v a l . o r g o r g o t o o u r w e b s i t e a t https://www.moval.org/mvu/solar-prog.html. All interconnection applications shall be submitted to the Moreno Valley Electric Utility by email to [email protected]. 9 of 18
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PUBLIC WORKS DEPARTMENT
Land Development

55. 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.

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

57. 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.

58. 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. 10 of 18
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59. Drainage facilities (e.g., catch basins, water quality basins, etc.) with sump conditions shall be designed to convey the tributary 100-year storm flows .

Secondary emergency escape shall also be provided.

60. 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)]

61. 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 related runoff by having proper best management practices in place and maintained.

62. Within 15 days of grading completion, an engineered -fill certification, rough grade certification, compaction report and final /precise grade certification 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.

63. Within 15 days of grading completion (Grading Plan) or Street Improvements (Street Plan ), all required as -built plans (prepared by a registered /licensed civil engineer) shall be submitted for review and approved by the City Engineer per the current submittal requirements.

64. 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, project entrance improvements, signing, striping, 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.

65. Within 15 days of the construction of the water quality Best Management Practices, a “Stormwater Treatment Device and Control Measure Access and Maintenance Covenant” shall be recorded to provide public notice of the maintenance 11 of 18
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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.

66. 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.

67. The Developer shall comply with the following water quality related items:
a. Notify the Land Development Division prior to construction and installation of all structural BMPs so that an inspection can be performed. b. Demonstrate that all structural BMPs described in the approved final project-specific WQMP have been constructed and installed in conformance with the approved plans and specifications;
c. Demonstrate that Developer is prepared to implement all non -structural BMPs described in the approved final project-specific WQMP; and d. Demonstrate that an adequate number of copies of the approved final project-specific WQMP are available for future owners/occupants. e. Clean and repair the water quality BMP's, including re -grading to approved civil drawing if necessary.
f. Obtain approval and complete installation of the irrigation and landscaping.

Prior to Grading Plan Approval

68. 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.

69. A final project -specific Water Quality Management Plan (WQMP) shall be submitted for review and approved by the City Engineer, which:
a. Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizes directly connected impervious areas to the City ’s street and storm drain systems, and conserves natural areas;
b. Incorporates Source Control BMPs and provides a detailed description of 12 of 18
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their implementation;
c. Describes the long -term operation and maintenance requirements for BMPs requiring maintenance; and
d. Describes the mechanism for funding the long -term operation and maintenance of the BMPs.

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

70. 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.

71. 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.

72. 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.

73. The developer shall coordinate and obtain any permits required by the Riverside County Flood Control District regarding drainage outletting into their open channel on the southside of the project.

74. Prior to grading plan approval, the developer shall comply with the requirements of the City Engineer based on recommendations of the Riverside County Flood Control District regarding the construction of County Master Plan Facility Line C. 13 of 18
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Attachment: Exhibit A to 2023-XX Resolution Plot Plan COAs modified - PC No. 102 (6119 : Plot Plan PEN21-0102 for an Automobile Parking

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0102)

Prior to Grading Permit

75. 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)]

76. 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)]

77. 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]

78. For non-subdivision projects, the developer shall enter into a Cooperative Agreement with the City and Riverside County Flood Control and Water Conservation District establishing the terms and conditions covering the inspection, operation and maintenance of Master Drainage Plan facilities required to be constructed as part of the project.

79. For Commercial/Industrial projects, the owner may have to secure coverage under the State’s General Industrial Activities Storm Water Permit as issued by the State Water Resources Control Board.

80. The developer shall dedicate a 24' wide access easement along the northerly boundary for the owner of the parcel to the east (APN 316-211-015) to have access to their property.

81. For non-subdivision projects, all street dedications shall be free of encumbrances, irrevocably offered to the public and shall continue in force until the City accepts or abandons such offers, unless otherwise approved by the City Engineer.

Prior to Improvement Plan Approval

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

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

84. The hydrology study shall be designed to accept and properly convey all off -site drainage
flowing onto or through the site. In the event that the City Engineer permits the use of streets for drainage purposes, the provisions of current City standards 14 of 18
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Attachment: Exhibit A to 2023-XX Resolution Plot Plan COAs modified - PC No. 102 (6119 : Plot Plan PEN21-0102 for an Automobile Parking

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0102)

shall apply. Should the quantities exceed the street capacity or the use of streets be prohibited
for drainage purposes, as in the case where one travel lane in each direction shall not be used for drainage conveyance for emergency vehicle access on streets classified as minor arterials and greater, the developer shall provide adequate facilities as approved by the City Engineer. [MC 9.14.110 A.2]

85. 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.

86. 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.

87. The developer shall widen Heacock Street to a 24' total width with an 8' wide graded dirt shoulder on both sides of the street. The limits of this widening shall begin from the "bulb" on Heacock Street to the project's southerly boundary. The structural section shall be per standard MVSI-104A-0, with a minimum TI=11.

88. Prior to release of Public Improvement Agreement (PIA) security, all public improvements shall be completed and accepted by the City.

Prior to Encroachment Permit

89. For non-subdivision projects, execution of a Public Improvement Agreement (PIA) and/or security (in the form of a cash deposit or other approved means) may be required as determined by the City Engineer. [MC 9.14.220]

90. Any work performed within public right-of-way requires an encroachment permit.

Special Districts Division

91. Major Infrastructure SFD Major Infrastructure Financing District. Prior to issuance of a grading permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation) to provide an ongoing funding source for the construction and maintenance of major infrastructure improvements, which may include but is not limited to thoroughfares, bridges, and certain flood control improvements. This condition will be applicable provided said district is under development at the time this project applies for the Grading Permit. This condition 15 of 18
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Attachment: Exhibit A to 2023-XX Resolution Plot Plan COAs modified - PC No. 102 (6119 : Plot Plan PEN21-0102 for an Automobile Parking

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0102)

must be fully satisfied prior to Grading Permit approval. This condition will be satisfied
with the successful annexation/formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector(s) will not protest the annexation or formation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and /or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings. An alternative to satisfying this condition will be identified at such time as a special financing district has been established. At the time of development, the developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to determine if this condition is applicable.

92. Maintenance Services Funding. Prior to issuance of a grading permit, the qualified elector
(e.g. property owner) must initiate the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation) to provide an ongoing funding source for the operation and maintenance of public improvements and/or services associated with impacts of the development. This condition will only be applicable provided said district is under development at the time this project applies for the Grading Permit.

This condition must be fully satisfied prior to Grading Permit approval. 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. 16 of 18
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Attachment: Exhibit A to 2023-XX Resolution Plot Plan COAs modified - PC No. 102 (6119 : Plot Plan PEN21-0102 for an Automobile Parking

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0102)

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

93. Public Safety Funding. Prior to issuance of a Grading Permit, the qualified elector (e.g.
property owner) must initiate the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation) to provide an ongoing funding source for Public Safety services, which may include but is not limited to Police, Fire Protection, Paramedic Services, Park Rangers, and Animal Control services. This condition will only be applicable provided said district is under development at the time this project applies for the Grading Permit.

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

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

94. Maintenance Responsibility. The ongoing maintenance of any landscaping required to be installed behind the curb shall be the responsibility of the property owner.

Transportation Engineering Division

95. All gated entrances (except emergency-only access or exit only access) shall be provided with the following:
a) A storage lane with a minimum of 75' provided for queuing. 17 of 18
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Attachment: Exhibit A to 2023-XX Resolution Plot Plan COAs modified - PC No. 102 (6119 : Plot Plan PEN21-0102 for an Automobile Parking

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0102)

b) No Parking signs shall be posted in the turnaround areas.

All of these features must be kept in working order.

96. Project driveway approach along Heacock Street shall provide an AC Pavement Connection (Paved Driveway) with 50-ft radii.

97. Prior to final approval of any grading, landscape, monument sign, or street improvement plans, the project plans shall demonstrate that sight distance at the project driveways conforms to City Standard Plan No. MVSI-164A, B, C-0.

98. 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. Signing and striping plans shall be prepared per the latest edition of the California Manual on Uniform Traffic Control Devices (CAMUTCD) and current City of Moreno Valley Standard Plans by a qualified registered civil or traffic engineer.

99. Prior to the issuance of encroachment permit for work in the public right-of- way, 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.
100. Prior to release of Public Improvement Agreement (PIA) security, all approved street improvements shall be installed to the satisfaction of the City Engineer. 101. Prior to release of Public Improvement Agreement (PIA) security, all approved signing and striping shall be installed to the satisfaction of the City Engineer. 102. **Prior to issuance of an occupancy permit, the applicant shall provide receipt for or letter from the City of Perris demonstrating they have provided for their fair share sum for the impacts to City of Perris’ roadways. (Modified per Planning Commission). 18 of 18
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Attachment: Exhibit A to 2023-XX Resolution Plot Plan COAs modified - PC No. 102 (6119 : Plot Plan PEN21-0102 for an Automobile Parking 1,504.7
1,261.9
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet1,261.90 630.96
PEN21-0102 SP208
DISCLAIMER: The information shown on this map was compiled from the City of Moreno Valley GIS and Riverside County GIS. The land base and facility information on this map is for display purposes only and should not be relied upon without independent verification as to its accuracy. Riverside County and City of Moreno Valley will not be held responsible for any claims, losses or damages resulting from the use of this map.

Notes:

Legend
6/29/2021Print Date:

Image Source: Nearmap
Zoning
Commercial
Industrial/Business Park
Public Facilities
Office
Planned Development
Large Lot Residential
Residential Agriculture 2 DU/AC
Residential 2 DU/AC
Suburban Residential
Multi-family
Open Space/Park
Master Plan of Trails
Bridge
Improved
Multiuse
Proposed
Regional
State
Road Labels
Parcels
City Boundary
Sphere of Influence
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Attachment: Zoning Map (6119 : Plot Plan PEN21-0102 for an Automobile Parking Lot) CASC
Engineering and Consulting

CONCEPTUAL GRADING PLAN

HEACOCK PARKING LOT

MORENO VALLEY, CA
SHEET 1 OF 1

PRELIMINARY EARTHWORK
QUANTITIES:

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Attachment: Project Plans (6119 : Plot Plan PEN21-0102 for an Automobile Parking Lot) CASC
Engineering and Consulting

SITE PLAN

HEACOCK PARKING LOT

MORENO VALLEY, CA
SHEET 1 OF 1
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Attachment: Project Plans (6119 : Plot Plan PEN21-0102 for an Automobile Parking Lot)

ID#5957 Page 1

PLANNING COMMISSION

STAFF REPORT
Meeting Date: December 22, 2022

PLOT PLAN FOR AN AUTOMOBILE PARKING LOT

Case: Plot Plan (PEN21-0102)
Applicant: Lawrence Family Trust
Property Owner Lawrence Family Trust
Representative Frank Coyle, CASC Engineering & Consulting Project Site: East side of Heacock Street north of the Perris Valley Storm Drain (APN: 316-211-014)
Case Planner: Julia Descoteaux, Senior Planner
Council District: 4
Proposed Project: A Continued Public Hearing:

The applicant is requesting approval of the following
entitlement: Plot Plan (PEN21-
0102) for an
automobile parking lot on 9.14 acres in the Moreno
Valley Industrial Area Specific Plan, Clear Zone
District (Specific Plan 208).

CEQA: Adopt Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program

Background
At the Applicant’s request , this item was continued at the Planning Commissions October 27, 2022 Meeting to December 22, 2022. A copy of the requests is provided as an attachment to this report.

SUMMARY
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Attachment: Planning Commission Staff Report December 22, 2022 (6119 : Plot Plan PEN21-0102 for an Automobile Parking Lot)

Lawrence Family Trust (“Applicant”) is requesting approval for an automobile parking lot on 9.14 acres located on the east side of Heacock Street north of the Perris Valley Storm Drain in the Moreno Valley Industrial Area Specific Plan 208, Clear Zone District (Specific Plan 208).

PROJECT DESCRIPTION
Project
The Applicant is proposing an automobile parking lot to accommodate approximately 194 parking stalls on a 9.14- acre parcel consistent with Moreno Valley Industrial Area Specific Plan 208, Clear Zone District (Specific Plan 208). The parking lot will include landscape, lighting, fencing, and water quality improvements.

Site/ Surrounding Area
The approximately 9.14-acre Project Site is located on the east side of Heacock Street just north of the Perris Valley Storm Drain.

Surrounding land uses include developed industrial uses to the north and northeast of the Project Site, within Specific Plan 208, the Perris Valley Storm Drain to the south of the Project Site, and March Air Reserve Base (MARB) to the west of the Project Site.

Access
Access to the site will be from a single 40- foot wide, 75- foot-deep driveway along Heacock Street, with a gated entry.

Design/Landscaping
The parking lot will be designed per the City standards, with AC pavement, drainage, and water quality treatment areas. All parking lot end islands and parking fingers within the lot will meet the minimum standards to include five feet of landscape areas, step- outs, and curbing.

Tubular steel fencing will be used along Heacock Street wrapping 100 feet on the north and south property lines, with coated chain link on the remaining portions of the perimeter fencing, consistent with the Specific Plan 208 requirements.

Drought-tolerant shrubs will be planted in the landscape areas within the parking lot and along the Heacock Street frontage. Due to the proximity to March Air Reserve Base trees are not required to ensure compliance with the March Air Reserve Base / Inland Port Airport Land Use Compatibility Plan.

REVIEW PROCESS
The Proposed Project has been considered by all appropriate agencies within and outside of the City, consistent with the standard review process required for these types of development applications. The Proposed Project was reviewed by the Project Review F.1.t
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Attachment: Planning Commission Staff Report December 22, 2022 (6119 : Plot Plan PEN21-0102 for an Automobile Parking Lot)

Staff Committee as required by the Municipal Code. Following subsequent revisions and review by various staff, the Proposed Project’s entitlement package was deemed complete for processing for Planning Commission review and approval of the Proposed Project as designed and conditioned.

ENVIRONMENTAL
An Initial Study was prepared by CASC Engineering and Consulting, Inc., in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. The Initial Study examined the Proposed Project’s impacts on the environment. The Ini tial Study/Mitigation Negative Declaration (IS/MND) provides information in support of the finding that a Mitigated Negative Declaration serves as the appropriate CEQA documentation for the Proposed Project. With the implementation of the proposed mitigation measures, the Proposed Project will not have a significant effect on the environment. Technical studies prepared in support of the IS/MND include the following:

Air Quality and Global Climate Change Impact Analysis, Burrowing Owl Focused Survey Report, Cultural Report, Paleontological Report, Geotechnical Investigation and Percolation Test Results, EDR Radius Map, Preliminary Drainage Analysis, Preliminary Water Quality Maintenance Plan, and Traffic Impact Analysis. The electronic files for the IS/MND with appendices are attached to this staff report. Anyone wishing to view the documents can also do so at City Hall.

Mitigation Measures are recommended for the Proposed Project in the following areas:

Air Quality, Biological Resources, Cultural Tribal Resources, and Hydrology. T he measures for Tribal resources have been included to address input from the Tribal governments. The measures are intended to ensure that potential resources that might be discovered are protected. However, these measures are not required to address a known significant impact. Based on the Initial Study, and the proposed mitigation measures, the Proposed Project will not cause any significant impacts or environmental damage.

The public comment period for the Notice of Availability for the Initial Study/Mitigated Negative Declaration began on September 29, 2022, and ended on October 18, 2022, which satisfies the required 20- day review period. As of the preparation of this staff report, no comments have been received. Should comments regarding the Proposed Project be received prior to the Planning Commission they will be provided at the public hearing.

NOTIFICATION
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.

REVIEW AGENCY COMMENTS
Staff has coordinated with outside agencies where applicable, as is the standard review process for these development applications.

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Attachment: Planning Commission Staff Report December 22, 2022 (6119 : Plot Plan PEN21-0102 for an Automobile Parking Lot)

STAFF RECOMMENDATION
Staff recommends that the Planning Commission take the following actions:

A. That the Planning Commission ADOPT Resolution No. 2022-41, attached hereto, AND:

1. ADOPTING the Initial Study/Mitigated Negative Declaration prepared for Plot Pla n (PEN21 -0102) on file with the Community Development Department, incorporated herein by this reference, which was completed in compliance with CEQA and the CEQA Guidelines, and reflects that the Planning Commission reviewed and considered the information contained in the Initial Study/Mitigated Negative Declaration, and exercised its independent judgment and analysis of the proposed Project’s potential environmental impacts; and

2. ADOPTING the Mitigation Monitoring and Reporting Program prepared for the Project, which consists of Plot Plan (PEN21 -0102) pursuant to CEQA and the CEQA Guidelines.

B. That the Planning Commission A DOPT Resolution No. 2022-42 attached hereto, AND:

1. APPROVING Plot Plan (PEN21 -0102) based on the Recital, Evidence contained in the Administrative Records and Findings as set forth in Resolution No. 2022-42.

Prepared by: Approved by:

Julia Descoteaux Sean P Kelleher
Associate Planner Planning Division Manager

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

1. October 27, 2022 - Request for Continuance

2. Resolution No. 2022-41 - IS/ MND

3. Exhibit A to Resolution No. 2022-41 - IS/MND

4. Appendix A Air Quality and Global Climate Change Impact Analysis (October 12, 2021)

5. Appendix B Burrowing Owl Focused Survey Report (June 16, 2021)

6. Appendix C Cultural Report (September 25, 2021)

7. Appendix D Paleontological Report (September 27, 2021) F.1.t
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8. Appendix E Geotechnical Investigation and Percolation Test Results (March 18, 2021)

9. Appendix F EDR Radius Map (October 6, 2021)

10. Appendix G Preliminary Drainage Analysis-Proposed Heacock Logistics (April 2022)

11. Appendix H Preliminary Water Quality Maintenance Plan (WQMP) (April 18, 2022)

12. Appendix I Traffic Impact Analysis (May 19, 2022)

13. Exhibit B to Resolution No. 2022- 41 - Notice of Availability and Intent to Adopt a Mitigated Negative Declaration

14. Exhibit C to Resolution No. 2022- 41 - Mitigation Monitoring and Reporting Program (MMRP)

15. Resolution No. 2022-42 - Plot Plan

16. Project Plans

17. Initial Study Comment

18. Project Comments

19. Zoning Map

RESULT: APPROVED [5 TO 0]
MOVER: Alvin DeJohnette, Chair
SECONDER: Omar Cobian, Commissioner
AYES: Stephan, DeJohnette, Cobian, Sims, Baker
AWAY: Matthew Chen

HISTORY:
10/27/22 Planning Commission CONTINUED
Next: 12/22/22
Planning Official, Sean Kelleher, requested that the item be continued until 12/22/2022 on behalf of the applicant.

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Attachment: Planning Commission Staff Report December 22, 2022 (6119 : Plot Plan PEN21-0102 for an Automobile Parking Lot) 1 Public Resources Code §§ 21000-21177
1 14 California Code of Regulations §§15000-15387
RESOLUTION NUMBER 2022-41

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MORENO VALLEY, CALIFORNIA, ADOPTING A MITIGATED

NEGATIVE DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM FOR PLOT PLAN (PEN21 -0102) FOR AN

AUTOMOBILE PARKING LOT LOCATED ON THE EAST SIDE OF

HEACOCK STREET NORTH OF THE PERRIS VALLEY STORM DRAIN
(APN 316-211-014)
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 an d consideration of environmental documents for local projects that are subject to requirements of the California Environmental Quality Act (CEQA) and CEQA Guidelines; and
WHEREAS, Lawrence Family Trust (“Applicant”) has submitted and application for a Plot Plan (PEN2 1-0102) to develop an automobile Parking Lot project and public improvements on 9.14-acres (“Proposed Project”) which is currently vacant and unimproved and located on the east side of Heacock Street north of the Perris Valley Storm Drain (APN 316-211-014) (“Project Site”); and
WHEREAS, Planning Division Staff completed an environmental assessment for the proposed Project, and, based on the assessment, decided to prepare an Initial Study (“IS”) and Mitigated Negative Declaration (“MND”) in accordance with Section 6 (Negative Declaration Procedures) of the City’s Rules and Procedures for the Implementation of the California Environmental Quality Act (CEQA) and the requirements of the CEQA Guidelines Sections 15070 – 15075; and
WHEREAS, a Notice of Intent to Adopt a MND was duly noticed and circulated for public review for a period of 2 0 days commencing on September 29, 2022, through October 18, 2022; and
WHEREAS, in compliance with CEQA and the CEQA Guidelines, a MMRP which is a program for reporting and monitoring the Projects’ mitigation measures, was prepared for the Proposed Project and circulated with the MND; and WHEREAS, on October 27, 2022, a hearing was conducted by the Planning Commission to consider the approval of the Proposed Project’s MND and the MMRP and approval of the Proposed Project, at which time the Planning Commission considered the Initial Study, MND, and the MMRP, together wi th any comments received during the public review process and the responses prepared; and
WHEREAS, at the conclusion of the public hearing, in the exercise of its own independent judgment, the Planning Commission determined that the MND and the MMRP prepared for the Proposed Project has reduced the potential 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 th e F.1.u
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Attachment: Planning Commission Resolution 2022-41 ISMND (6119 : Plot Plan PEN21-0102 for an Automobile Parking Lot) environment in a manner that would otherwise require the preparation and certification of an environmental impact report.

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

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

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

Section 3. Findings
That based on the content of the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the Planning Commission makes the following findings:
(a) That the City has independently reviewed, analyzed, and considered the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and the whole record before it, (including, the I nitial Study and comments received ) and, based on the foregoing, the P lanning Commission hereby finds that all environmental impact of the Proposed Project, with mitigation measures, are below a level of significance and there is no substantial evidence supporting a fair argument that the Project will have a significant effect on the environment;
(b) That the MND and MMRP have been completed in compliance with CEQA and the CEQA Guidelines and are consistent with the City’s Rules and Procedures for the Implementation of the California Environmental Quality Act;
(c) That the MND and MMRP represent the independent judgment and analysis of the Planning Commission and the City as the lead agency for the Proposed Project; and
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Attachment: Planning Commission Resolution 2022-41 ISMND (6119 : Plot Plan PEN21-0102 for an Automobile Parking Lot)

(d) That the MND and MMRP 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 Planning Commission hereby adopts the Initial Study/MND attached hereto as Exhibit A and the MMRP attached hereto as Exhibit C.

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

Section 6. Severability
That the Planning Commission declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, 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 Secretary of the Planning Commission shall certify to the passage of this Resolution.

PASSED AND ADOPTED THIS 27th day of October 2022

CITY OF MORENO VALLEY

PLANNING COMMISSION
__________________________________
Alvin DeJohnette, Chairperson
ATTEST:
_________________________
Sean P. Kelleher,
Planning Official
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Attachment: Planning Commission Resolution 2022-41 ISMND (6119 : Plot Plan PEN21-0102 for an Automobile Parking Lot) 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 Program
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Attachment: Planning Commission Resolution 2022-41 ISMND (6119 : Plot Plan PEN21-0102 for an Automobile Parking Lot) 1 RESOLUTION NUMBER 2022-42

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MORENO VALLEY, CALIFORNIA, APPROVING PLOT PLAN (PEN21 - 0102) FOR AN AUTOMOBILE PARKING LOT LOCATED ON THE EAST

SIDE OF HEACOCK STREET NORTH OF THE PERRIS VALLEY STORM DRAIN (APN 316-211-014)
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California; and

WHEREAS, Lawrence Family Trust (“Applicant”) has submitted applications for a Plot Plan (PEN21 -0102) to d evelop an automobile Parking Lot project and public improvements on 9.14- acres (“Proposed Project”) which is currently vacant and unimproved and located on the east side of Heacock Street north of the Perris Valley Storm Drain (APN 316-211-014) (“Project Site”); and
WHEREAS, Section 9.02.070 ( Plot Plan) of the Moreno Valley Municipal Code acknowledges that the purpose of plot plans is to provide a mechanism by which all new construction of industrial, commercial, or multiple-family residential can be reviewed when not subject to other discretionary review processes which have review authority over the Proposed Project’s design; and

WHEREAS, the Application has been evaluated in accordance with Section

9.02.070 (Plot Plan) of the Municipal Code with consideration given to the City’s General Plan, Zoning Ordinance, the Moreno Valley Industrial Area Specific Plan 208I, and other applicable laws and regulations; and

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

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

WHEREAS, pursuant to the provisions of Section 9.02.200 (Public H earing and Notification Procedures) of the Municipal Code and Government Code section 65905 , a public hearing was scheduled for October 27, 2022, and notice thereof was duly published and posted, and mailed to all property owners of record within 600 feet of the Project Site; and
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Attachment: Planning Commission Resolution 2022-42 PP (6119 : Plot Plan PEN21-0102 for an Automobile Parking Lot) 2 WHEREAS, on October 27, 2022, the public hearing to consider the Application was duly conducted by the Planning Commission at which time all interested persons were provided with an opportunity to testify and to present evidence; and

WHEREAS, consistent with the requirements of Section 9.02.070 (Plot Plan) of the Municipal Code, at the public hearing the Planning Commission considered Conditions of Approval to be imposed upon Plot Plan PEN21-0102 for the Plot Plan , which conditions were prepared by Planning Division staff who deemed said conditions to be necessary to protect the public health, safety , and welfare and to ensure the Proposed Project will be developed in accordance with the purpose and intent of Title 9 (“Planning and Zoning”) of the Municipal Code; and

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

WHEREAS, on October 27, 2022, in accordance with the provisions of the California Environmental Quality Act (CEQA 1) and CEQA Guidelines, 2 the Planning Commission considered and approved Resolution 2022- 41 certifying a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the proposed Project.

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

Section 1. Recitals and Exhibits

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

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

Section 3. Evidence

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

1 Public Resources Code §§ 21000-21177
2 14 California Code of Regulations §§15000-15387
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Attachment: Planning Commission Resolution 2022-42 PP (6119 : Plot Plan PEN21-0102 for an Automobile Parking Lot) 3 (a) Moreno Valley General Plan and all other relevant provisions contained therein;
(b) Moreno Valley Industrial Area Specific Plan 208I;
(c) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code, and all other relevant provisions referenced therein;
(d) Application for the approval of Plot Plan PEN2 1-0102 and all documents, records, and references contained therein;
(e) Conditions of Approval for Plot Plan PEN2 1-0102, attached hereto as Exhibit A;
(f) Staff Report prepared for the Planning Commission’s consideration and all documents, records , and references related thereto, and Staff’s presentation at the public hearing;
(g) Testimony and/or comments from Applicant and its representatives during the public hearing; and
(h) Testimony and/or comments from all persons that was provided in written format or correspondence, at, or prior to, the public hearing.

Section 4. Findings

That based on the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the Planning Commission makes the following findings in approving the Proposed Project (Plot Plan PEN21-0102):

(a) The Proposed Project is consistent with the goals, objectives, policies, and programs of the General Plan;
(b) The Proposed Project is consistent with the goals, objectives, policies, and requirements of the Moreno Valley Industrial Area Specific Plan 208I; (c) The Proposed Project complies with all applicable zoning and other regulations;
(d) The Proposed Project will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and
(e) The location, design, and operation of the Proposed Project will be compatible with existing and planned land uses in the vicinity.

Section 5. Approval

That based on the foregoing Recitals, Evidence contained in the Administrative Record, and Findings set forth above, the Planning Commission hereby approves the Proposed Project (Plot Plan PEN21-0102) subject to the Conditions of Approval for Plot Plan PEN21-0102 attached hereto as Exhibit A.

Section 6. Repeal of Conflicting Provisions

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

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Attachment: Planning Commission Resolution 2022-42 PP (6119 : Plot Plan PEN21-0102 for an Automobile Parking Lot) 4 Section 7. Severability

That the Planning Commission declares that, should any provision, section, paragraph, sentence, or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, 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 Secretary of the Planning Commission shall certify to the passage of this Resolution.

PASSED AND ADOPTED THIS 27
th day of October 2022.

CITY OF MORENO VALLEY

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

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

Exhibits:

Exhibit A: Conditions of Approval

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CONDITIONS OF APPROVAL
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Attachment: Planning Commission Resolution 2022-42 PP (6119 : Plot Plan PEN21-0102 for an Automobile Parking Lot)

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0102)

CITY OF MORENO VALLEY

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0102)
EFFECTIVE DATE:

EXPIRATION DATE:

COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division

1. A change or modification to the land use or the approved site plans may require a separate approval. Prior to any change or modification, the property owner shall contact the City of Moreno Valley Community Development Department to determine if a separate approval is required.

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

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

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

5. The Developer shall defend, indemnify and hold harmless the City, city council, commissions, boards, subcommittees and the City ’s elected and appointed officials, commissioners, board members, officers, agents, consultants and employees (“City Parties ”) from and against any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees ), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following items: ( i) any prior or current agreements by and among the City and the Developer; (ii) the current, concurrent and subsequent permits, licenses and entitlements approved by the City; (iii) any environmental determination made by the City in connection with the Project Site and the Project; and (iv) any proceedings or other actions undertaken by the City in connection with the adoption or approval of any of the 1 of 18
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CONDITIONS OF APPROVAL
Plot Plan (PEN21-0102)

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.

6. This project is located within Specific Plan 208. The provisions of the specific plan, the design manual, their subsequent amendments, and the Conditions of Approval shall prevail unless modified herein. (MC 9.13)

7. The site shall be developed in accordance with the approved plans on file in the Community Development Department, and as conditioned - 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

8. The owner or owner ’s representative shall establish and maintain a relationship with the City of Moreno Valley and cooperate with the Problem Oriented Policing (POP) program, or its successors.

9. The site has been approved for an automobile parking lot with approximately 194 parking stalls designed to meet all on -site parking requirements, fencing, landscaping, and street improvements. A change or modification shall require separate approval.

10. Tubular steel fencing is required along Heacock Street wrapping a minimum of 100 feet east on each the northern property line and the south property line. Coated Chain Line fencing shall be used along the remaining perimeter property line.

11. Included in the grading plan submittal, the parking lot shall be designed consistent with the City's Municipal Code (9.11 and 9.17.050) requirements to include the following:
a. Parking lot design shall include openings in curbs to convey water runoff into landscape areas for water quality, retention, and absorption. b. Auto parking spaces shall be clearly outlined with white double lines on the surface of the parking facility (three-inch line – six-inch space - three-inch line) for a 2 of 18
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CONDITIONS OF APPROVAL
Plot Plan (PEN21-0102)

total of twelve (12) inches or as otherwise specified by the Building Official. c. Auto headlights in parking areas shall be screened so that they do not shine into adjacent properties or the public right -of-way. Low hedge planting or wall may be required.
d. Finger planters shall have a minimum interior dimension of five (5) feet by sixteen (16) feet, (or as approved by the Community Development Director ), exclusive of curbs, step -outs, and other hard surfaces. A finger planter with parking on one side has a minimum curb -to-curb face dimension of seven feet. A finger planter with parking on both sides has a minimum curb -face-to-curb-face dimension of eight (8) feet.
e. Diamond planters are required where double rows of parking are provided. f. Diamond planters have a minimum of twenty -five (25) square foot interior area (exclusive of perimeter curbing) with minimum interior dimensions of five feet by five feet.
g. End islands or finger planters are provided at the end of each aisle of parking to define parking lot circulation and provide sight distance at the intersection of drive aisles and places for trees.

Prior to Grading Permit

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

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

14. 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.

15. Prior to the issuance of any grading permits, final landscaping and irrigation plans shall be submitted for review and approved by the Planning Division. After the third plan check review for landscape plans, an additional plan check fee shall apply .

The plans shall be prepared in accordance with the City's Landscape Requirements and shall include:
a. A solid hedge or berm shall be placed in any setback areas between a public right of way and a parking lot for screening.
b. Finger and end planters with required step -outs and curbing shall be provided every 12 parking stalls as well as at the terminus of each aisle. c. Diamond planters shall be provided every 3 parking stalls. d. Drought tolerant landscape shall be used. No sod shall be installed. e. Enhanced landscaping shall be provided at all driveway entries and street 3 of 18
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CONDITIONS OF APPROVAL
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corner locations The review of all utility boxes, transformers, etc. shall be coordinated to provide adequate screening from public view. f. All site perimeter and parking lot landscape and irrigation shall be installed prior to any occupancy of the parking lot.

16. Prior to issuance of a grading 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)

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

18. Prior to the issuance of a grading permit, detailed, on -site, computer generated, point-by-point comparison lighting plan, including exterior building, parking lot, and landscaping lighting, shall be submitted to the Planning Division for review and approval. The lighting plan shall be generated on the plot plan and shall be integrated with the final landscape plan. The plan shall indicate the manufacturer's specifications for light fixtures used, shall include style, illumination, location, height and method of shielding per the City ’s Municipal Code requirements. After the third plan check review for lighting plans, an additional plan check fee will apply. ( MC

9.08.100, 9.16.280)
Prior to Building Final or Occupancy

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

20. Prior to final occupancy, all required and proposed fences shall be constructed according to the approved plans on file in the Planning Division. (MC 9.080.070).

Building Division

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

22. Prior to submittal, all new development are required to obtain a valid property address prior to permit application. Addresses can be obtained by contacting the 4 of 18
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Plot Plan (PEN21-0102)

Building Safety Division at 951.413.3350.

23. Building applications for permits will be required for site development of this project including but not limited to accessible parking, stripping, walkways, access aisles, access point to the public way, and electrical installations. Building applications and permit issuance will be required prior to issuance of any grading permits associated with this project. Contact the Building Safety Division for permit application submittal requirements.

24. 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.

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

26. 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.

27. 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.

28. 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

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

30. 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 5 of 18
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Bureau. (CFC 501.4, and MV City Standard Engineering Plan 108d)

31. 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)

32. 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)

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

34. 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)

35. Prior to issuance of Certificate of Occupancy or Building Final, street numbers shall be displayed in a prominent location on the street side and rear access locations .

The numerals shall be a minimum of twelve inches in height. (CFC 505.1, MVMC

8.36.060[I])

36. Prior to issuance of Certificate of Occupancy, approval shall be required from the County of Riverside Community Health Agency (Department of Environmental Health) and Moreno Valley Fire Prevention Bureau to maintain, store, use, handle materials, or conduct processes which produce conditions hazardous to life or property, and to install equipment used in connection with such activities. ( CFC 105)

37. 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.

38. 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. 6 of 18
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CONDITIONS OF APPROVAL
Plot Plan (PEN21-0102)

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

40. 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])

41. Prior to issuance of the grading 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)

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

43. 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)

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

45. 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)

46. 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)

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

The applicant /developer shall provide documentation to show there exists a water system capable of delivering said waterflow for 2 hour(s) duration at 20-PSI residual operating pressure. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection 7 of 18
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CONDITIONS OF APPROVAL
Plot Plan (PEN21-0102)

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)

48. Prior to issuance of Certificate of Occupancy or Building Final, the applicant/developer shall be responsible for obtaining underground and /or above ground tank permits for the storage of combustible liquids, flammable liquids, or any other hazardous materials from both the County of Riverside Community Health Agency Department of Environmental Health and the Fire Prevention Bureau. ( CFC 105)

49. Prior to issuance of Grading 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.

FINANCIAL & MANAGEMENT SERVICES DEPARTMENT
Moreno Valley Utility

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

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

Prior to issuance of a grading permit, the Developer shall coordinate and receive approval from the City Engineer to install, construct, improve, and dedicate to the City all utility infrastructure including but not limited to, conduit, equipment, vaults, 8 of 18
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ducts, wires (including fiber optic cable ), switches, conductors, transformers, and “bring-up” facilities including electrical capacity to serve the identified development and other adjoining, abutting, or benefiting projects as determined by Moreno Valley Utility – collectively referred to as “utility system” (to and through the development ), along with any appurtenant real property easements, as determined by the City Engineer to be necessary for the distribution and /or delivery of any and all “utility services” to and within the project. For purposes of this condition, “utility services ” shall mean electric, cable television, telecommunication (including video, voice, and data) and other similar services designated by the City Engineer. “Utility services ” shall not include sewer, water, and natural gas services, which are addressed by other conditions of approval.

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

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

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

53. Prior to issuance of a grading permit, this project shall coordinate and receive approval from the City Engineer to install, construct, improve, and dedicate to Moreno Valley Utility electric streetlight improvements consisting of streetlight poles, mast-arms, fixtures conduit, wiring, terminations and pull boxes to serve the identified development and other adjoining, abutting, or benefiting projects as determined by the Land Development Department along with any appurtenant real property easements, as determined by the City Engineer to be necessary for the distribution and /or delivery of any and all “street light services” to and within the project.

54. If this project will include the installation and interconnection of any generating or energy storage equipment, this project shall submit an application, coordinate and receive approval from the Moreno Valley Electric Utility. For the most recent application requirements and for submitting interconnection applications, email m v u s o l a r @ m o v a l . o r g o r g o t o o u r w e b s i t e a t https://www.moval.org/mvu/solar-prog.html. All interconnection applications shall be submitted to the Moreno Valley Electric Utility by email to [email protected]. 9 of 18
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PUBLIC WORKS DEPARTMENT
Land Development

55. 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.

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

57. 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.

58. 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. 10 of 18
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59. Drainage facilities (e.g., catch basins, water quality basins, etc.) with sump conditions shall be designed to convey the tributary 100-year storm flows .

Secondary emergency escape shall also be provided.

60. 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)]

61. 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 related runoff by having proper best management practices in place and maintained.

62. Within 15 days of grading completion, an engineered -fill certification, rough grade certification, compaction report and final /precise grade certification 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.

63. Within 15 days of grading completion (Grading Plan) or Street Improvements (Street Plan ), all required as -built plans (prepared by a registered /licensed civil engineer) shall be submitted for review and approved by the City Engineer per the current submittal requirements.

64. 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, project entrance improvements, signing, striping, 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.

65. Within 15 days of the construction of the water quality Best Management Practices, a “Stormwater Treatment Device and Control Measure Access and Maintenance Covenant” shall be recorded to provide public notice of the maintenance 11 of 18
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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.

66. 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.

67. The Developer shall comply with the following water quality related items:
a. Notify the Land Development Division prior to construction and installation of all structural BMPs so that an inspection can be performed. b. Demonstrate that all structural BMPs described in the approved final project-specific WQMP have been constructed and installed in conformance with the approved plans and specifications;
c. Demonstrate that Developer is prepared to implement all non -structural BMPs described in the approved final project-specific WQMP; and d. Demonstrate that an adequate number of copies of the approved final project-specific WQMP are available for future owners/occupants. e. Clean and repair the water quality BMP's, including re -grading to approved civil drawing if necessary.
f. Obtain approval and complete installation of the irrigation and landscaping.

Prior to Grading Plan Approval

68. 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.

69. A final project -specific Water Quality Management Plan (WQMP) shall be submitted for review and approved by the City Engineer, which:
a. Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizes directly connected impervious areas to the City ’s street and storm drain systems, and conserves natural areas;
b. Incorporates Source Control BMPs and provides a detailed description of 12 of 18
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their implementation;
c. Describes the long -term operation and maintenance requirements for BMPs requiring maintenance; and
d. Describes the mechanism for funding the long -term operation and maintenance of the BMPs.

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

70. 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.

71. 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.

72. 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.

73. The developer shall coordinate and obtain any permits required by the Riverside County Flood Control District regarding drainage outletting into their open channel on the southside of the project.

74. Prior to grading plan approval, the developer shall comply with the requirements of the City Engineer based on recommendations of the Riverside County Flood Control District regarding the construction of County Master Plan Facility Line C. 13 of 18
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Prior to Grading Permit

75. 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)]

76. 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)]

77. 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]

78. For non -subdivision projects, the developer shall enter into a Cooperative Agreement with the City and Riverside County Flood Control and Water Conservation District establishing the terms and conditions covering the inspection, operation and maintenance of Master Drainage Plan facilities required to be constructed as part of the project.

79. For Commercial /Industrial projects, the owner may have to secure coverage under the State ’s General Industrial Activities Storm Water Permit as issued by the State Water Resources Control Board.

80. The developer shall dedicate a 24' wide access easement along the northerly boundary for the owner of the parcel to the east (APN 316-211-015) to have access to their property.

81. For non -subdivision projects, all street dedications shall be free of encumbrances, irrevocably offered to the public and shall continue in force until the City accepts or abandons such offers, unless otherwise approved by the City Engineer.

Prior to Improvement Plan Approval

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

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

84. The hydrology study shall be designed to accept and properly convey all off -site drainage flowing onto or through the site. In the event that the City Engineer permits the use of streets for drainage purposes, the provisions of current City standards 14 of 18
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shall apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, as in the case where one travel lane in each direction shall not be used for drainage conveyance for emergency vehicle access on streets classified as minor arterials and greater, the developer shall provide adequate facilities as approved by the City Engineer. [MC 9.14.110 A.2]

85. 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.

86. 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.

87. The developer shall widen Heacock Street to a 24' total width with an 8' wide graded dirt shoulder on both sides of the street. The limits of this widening shall begin from the "bulb" on Heacock Street to the project's southerly boundary. The structural section shall be per standard MVSI-104A-0, with a minimum TI=11.

88. Prior to release of Public Improvement Agreement (PIA) security, all public improvements shall be completed and accepted by the City.

Prior to Encroachment Permit

89. For non -subdivision projects, execution of a Public Improvement Agreement (PIA) and/or security (in the form of a cash deposit or other approved means) may be required as determined by the City Engineer. [MC 9.14.220]

90. Any work performed within public right-of-way requires an encroachment permit.

Special Districts Division

91. Major Infrastructure SFD Major Infrastructure Financing District. Prior to issuance of a grading permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation) to provide an ongoing funding source for the construction and maintenance of major infrastructure improvements, which may include but is not limited to thoroughfares, bridges, and certain flood control improvements. This condition will be applicable provided said district is under development at the time this project applies for the Grading Permit. This condition 15 of 18
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must be fully satisfied prior to Grading Permit approval. This condition will be satisfied with the successful annexation /formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector (s) will not protest the annexation or formation, but will retain the right to object to any eventual tax /assessment/fee that is not equitable should the financial burden of the tax /assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and /or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings. An alternative to satisfying this condition will be identified at such time as a special financing district has been established. At the time of development, the developer must contact Special Districts Administration at 951.413.3470 or at SDAdmin@moval .org to determine if this condition is applicable.

92. Maintenance Services Funding. Prior to issuance of a grading permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation) to provide an ongoing funding source for the operation and maintenance of public improvements and /or services associated with impacts of the development. This condition will only be applicable provided said district is under development at the time this project applies for the Grading Permit.

This condition must be fully satisfied prior to Grading Permit approval. 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. 16 of 18
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An alternative to satisfying this funding source will be identified at such time as a special financing district has been established. At the time of development, the developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to determine if this condition is applicable.

93. Public Safety Funding. Prior to issuance of a Grading Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation) to provide an ongoing funding source for Public Safety services, which may include but is not limited to Police, Fire Protection, Paramedic Services, Park Rangers, and Animal Control services. This condition will only be applicable provided said district is under development at the time this project applies for the Grading Permit.

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

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

94. Maintenance Responsibility. The ongoing maintenance of any landscaping required to be installed behind the curb shall be the responsibility of the property owner.

Transportation Engineering Division

95. All gated entrances (except emergency -only access or exit only access) shall be provided with the following:
a) A storage lane with a minimum of 75' provided for queuing. 17 of 18
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b) No Parking signs shall be posted in the turnaround areas.

All of these features must be kept in working order.

96. Project driveway approach along Heacock Street shall provide an AC Pavement Connection (Paved Driveway) with 50-ft radii.

97. Prior to final approval of any grading, landscape, monument sign, or street improvement plans, the project plans shall demonstrate that sight distance at the project driveways conforms to City Standard Plan No. MVSI-164A, B, C-0.

98. 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. Signing and striping plans shall be prepared per the latest edition of the California Manual on Uniform Traffic Control Devices (CAMUTCD) and current City of Moreno Valley Standard Plans by a qualified registered civil or traffic engineer.

99. Prior to the issuance of encroachment permit for work in the public right -of-way, 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.
100. Prior to release of Public Improvement Agreement (PIA) security, all approved street improvements shall be installed to the satisfaction of the City Engineer. 101. Prior to release of Public Improvement Agreement (PIA) security, all approved signing and striping shall be installed to the satisfaction of the City Engineer. 102. Prior to building permit issuance, the applicant shall provide receipt for or letter from the City of Perris demonstrating they have provided for their fair share sum for the impacts to City of Perris’ roadways.
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316-211-014
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316-211-014
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316-211-014
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3750 University Avenue | Suite 225 | Riverside, CA 92501 | (951) 274-4800 | Fax (951) 684-4324 www.fehrandpeers.com
Memorandum

Date: September 9, 2022
To: City of Perris
Habib Motlagh
Grace Alvarez
From: Jason D. Pack, PE
Biling Liu
Subject: I-215 / Harley Knox Interchange Improvements Fair Share Assessment for the City of Perris
OC21-0858.01
The City of Perris, in cooperation with the California Department of Transportation (Caltrans) District 8, is evaluating proposed improvements at the Interstate 215 (I- 215) and Harley Knox Boulevard interchange. The project is needed to address the current and future operational deficiencies.

Fehr & Peers is working with Mark Thomas to prepare the Traffic Volumes Report and Traffic Operations Analysis Report (TOAR) in support of the Project Approval and Environmental Document (PA/ED) phase of the project.

To assist with delivering the project, the City is considering a variety of funding opportunities. Since the Harley Knox interchange is located at the northernmost area of the City, development from nearby communities will also benefit from the improvements to the interchange. As such, Fehr & Peers has completed a fair share assessment to determine where new trips to the interchange are expected to come from.

The remainder of this memorandum consists of the following sections:
• RICOM Modeling
• Fair Share Estimation
• Cost Estimation
• Conclusion
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RIVCOM Modeling
Fehr & Peers utilized the RIVCOM travel demand forecasting model to complete a select link analysis between base year and future year. In a select link analysis, the model can track where trips using a specific link come from/go to as predicted by the travel demand forecasting model.

We completed the select link for each on and off ramp in addition to the railroad overcrossing and the freeway overcrossing. Our fair share calculation estimates the amoun t of new traffic added to each of these interchange components individually, but also aggregate d the data as a weighted average to estimate an overall interchange cost consideration.

The select link was run for the RIVCOM model base year model and future y ear model . The difference between the two, or the growth anticipated by the model, was then estimated and aggregated up to where each trip end is located. This was then identified by jurisdictional boundary to where the trips using the interchange origin ated from or were destined to which allowed us to estimate a fair-share contribution by agency.

Prior to running the future year travel demand forecasting model, we coordinated with the County of Riverside, City of Perris, and the City of Moreno Valley to ensure that we incorporated all planned development in the area that may use the interchange into the RIVCOM travel demand model. The lists of projects received from these agencies is attached.

Fair Share Estimation
As noted above, fair share was estimated for each interchange component and for the interchange as a whole using the weighted average of traffic to each interchange component. This could be useful if the City moves forward with a fair share funding agreement with nearby agencies to assist in delivering improvements to the interchange.

The fair share estimates focused in on growth – e.g. the growth in traffic between the base year model and the future year model. This growth was also allocated to the locations where trips came from/went to and was allocated to those jurisdictions accordingly. The resulting fair share calculations presented in Table 1 . Detailed model output information is attached to this memorandum.

Cost Estimates
Preliminary draft cost estimates were developed for the project by Mark Thomas & Company, the civil engineering lead for the PA/ED phase of the project. Cost estimates for the interchange were prepared denoting costs for each interchange component in addition to the total cost of the interchange. The cost estimate is presented as Attachment C. For this effort, Fehr & Peers utilized the escalated cost estimate for the Diverging Diamond Alternative.

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3750 University Avenue | Suite 225 | Riverside, CA 92501 | (951) 274-4800 | Fax (951) 684-4324 www.fehrandpeers.com

Table 1 – RIVCOM Fair Share Contribution Estimates
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3750 University Avenue | Suite 225 | Riverside, CA 92501 | (951) 274-4800 | Fax (951) 684-4324 www.fehrandpeers.com
Please note that Mark Thomas & Company provided Fehr & Peers with direction about key cost estimate assumptions and how they should be allocated to each intercha nge component. For example, although the bridge components are a stand-alone cost estimate, the roadway and right- of-way information is not broken out by interchange component. Mark Thomas & Company identified that the ramp improvements are fairly comparable and should be split up proportionately (e.g. 25% to each ramp), but the right -of-way costs should be split only between the northbound ramps (50% to each ramp). The following costs were included into the fair share assessment (note, total component costs may not add up to total interchange costs due to rounding):
• Total interchange cost - $68,300,000
o Freeway Overcrossing Structure - $16,414,000
o Railroad Overcrossing Structure - $12,403,000
o Southbound Off-Ramp - $9,601,000
o Southbound On-Ramp - $9,601,000
o Northbound Off-Ramp – $10,111,000
o Northbound On-Ramp - $10,111,000
These cost estimates were combined with the fair share estimates by agency to estimate the fair share attributable to each agency.

Conclusions
The results of the fair share asses sment indicate that most of the traffic expected to be added to the Harley Knox interchange is not to/from the City of Perris – rather origins/destinations in unincorporated Riverside County, City of Moreno Valley, and locations that are external to the travel demand model. Specifically, the six largest contributions the model anticipated are:

1. Unincorporated Riverside County – 53%

2. Moreno Valley – 16%

3. Model Externalities (e.g. outside of the model area) – 9%

4. Perris – 6%

5. Riverside – 3%

6. Menifee – 3%
The top five nearby local agencies (Riverside County, Moreno Valley, Perris, Riverside, and Menifee) fair share contributions were applied to the cost estimates to estimate the total fair share contribution for each agency based on the traffic they add to the interchange. Table 2 summarizes the estimated fair share estimates for the interchange as a whole (using the total interchange cost and the weighted average fair share estimates). Table 3 summarizes the fair share estimates

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September 9, 2022

Table 2 – Fair Share Estimates; Interchange as a Whole
Perris Fair Share $4,608,000
Riverside County Fair Share $35,118,000
Moreno Valley Fair Share $12,009,000
Menifee Fair Share $1,534,000
Riverside Fair Share $497,000
Total Interchange Cost $68,300,000
Source; Fehr & Peers, 2022
Note – Only the five agencies with the highest level of contribution are presented above. The remaining agencies contribute less than 2% of the total traffic to the interchange.

Table 3 – Fair Share Estimates; Contribution to Each Interchange Component Freeway
Overcrossing
Railroad
Overcrossing
Southbound
Off-Ramp
Southbound
On-Ramp
Northbound
Off-Ramp
Northbound
On-Ramp
Total Fair
Share Cost
Perris $ 1,015,000 $ 887,000 $ - $ 1,488,000 $ 1,885,000 $
- $ 5,274,000
Riverside
County $ 8,879,000 $ 6,077,000 $ 5,018,000 $ 4,756,000 $ 5,264,000 $ 5,788,000 $ 35,783,000 Moreno
Valley $ 4,122,000 $ 2,404,000 $ 530,000 $ 552,000 $ 21,000 $ 1,870,000 $ 9,499,000 Menifee $ 117,000 $ 55,000 $ - $ 311,000 $ 312,000 $
- $ 794,000
Riverside $ 356,000 $ 167,000 $ - $ 971,000 $ 966,000 $
- $ 2,461,000

As shown above, although the interchange is within the City of Perris, most of the growth anticipated to be added to the interchange comes from other jurisdictions. As such, it appears appropriate to coordinate with nearby agencies to develop a funding approach that is inclusive in nature. Specifically, for nearby agencies who contribute traffic to the Harley Knox interchange, it would be appropriate for them to contribute to the interchange delivery.

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If you have any questions about the information presented above, please contact Jason Pack directly at 949.308.6312. We look forward to our continued work with the City of Perris on this improvement project.

Attachments:

Attachment A – Future Land Use Project Lists
Attachment B – Model Output Calculations
Attachment C – Interchange Cost Estimates
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3750 University Avenue | Suite 225 | Riverside, CA 92501 | (951) 274-4800 | Fax (951) 684-4324 www.fehrandpeers.com
Memorandum

Date: September 9, 2022
To: City of Perris
Habib Motlagh
Grace Alvarez
From: Jason D. Pack, PE
Biling Liu
Subject: I-215 / Harley Knox Interchange Improvements Fair Share Assessment for the City of Perris
OC21-0858.01
The City of Perris, in cooperation with the California Department of Transportation (Caltrans) District 8, is evaluating proposed improvements at the Interstate 215 (I- 215) and Harley Knox Boulevard interchange. The project is needed to address the current and future operational deficiencies.

Fehr & Peers is working with Mark Thomas to prepare the Traffic Volumes Report and Traffic Operations Analysis Report (TOAR) in support of the Project Approval and Environmental Document (PA/ED) phase of the project.

To assist with delivering the project, the City is considering a variety of funding opportunities. Since the Harley Knox interchange is located at the northernmost area of the City, development from nearby communities will also benefit from the improvements to the interchange. As such, Fehr & Peers has completed a fair share assessment to determine where new trips to the interchange are expected to come from.

The remainder of this memorandum consists of the following sections:
• RICOM Modeling
• Fair Share Estimation
• Cost Estimation
• Conclusion
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September 9, 2022

RIVCOM Modeling
Fehr & Peers utilized the RIVCOM travel demand forecasting model to complete a select link analysis between base year and future year. In a select link analysis, the model can track where trips using a specific link come from/go to as predicted by the travel demand forecasting model.

We completed the select link for each on and off ramp in addition to the railroad overcrossing and the freeway overcrossing. Our fair share calculation estimates the amoun t of new traffic added to each of these interchange components individually, but also aggregate d the data as a weighted average to estimate an overall interchange cost consideration.

The select link was run for the RIVCOM model base year model and future y ear model . The difference between the two, or the growth anticipated by the model, was then estimated and aggregated up to where each trip end is located. This was then identified by jurisdictional boundary to where the trips using the interchange origin ated from or were destined to which allowed us to estimate a fair-share contribution by agency.

Prior to running the future year travel demand forecasting model, we coordinated with the County of Riverside, City of Perris, and the City of Moreno Valley to ensure that we incorporated all planned development in the area that may use the interchange into the RIVCOM travel demand model. The lists of projects received from these agencies is attached.

Fair Share Estimation
As noted above, fair share was estimated for each interchange component and for the interchange as a whole using the weighted average of traffic to each interchange component. This could be useful if the City moves forward with a fair share funding agreement with nearby agencies to assist in delivering improvements to the interchange.

The fair share estimates focused in on growth – e.g. the growth in traffic between the base year model and the future year model. This growth was also allocated to the locations where trips came from/went to and was allocated to those jurisdictions accordingly. The resulting fair share calculations presented in Table 1 . Detailed model output information is attached to this memorandum.

Cost Estimates
Preliminary draft cost estimates were developed for the project by Mark Thomas & Company, the civil engineering lead for the PA/ED phase of the project. Cost estimates for the interchange were prepared denoting costs for each interchange component in addition to the total cost of the interchange. The cost estimate is presented as Attachment C. For this effort, Fehr & Peers utilized the escalated cost estimate for the Diverging Diamond Alternative.

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3750 University Avenue | Suite 225 | Riverside, CA 92501 | (951) 274-4800 | Fax (951) 684-4324 www.fehrandpeers.com

Table 1 – RIVCOM Fair Share Contribution Estimates
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3750 University Avenue | Suite 225 | Riverside, CA 92501 | (951) 274-4800 | Fax (951) 684-4324 www.fehrandpeers.com
Please note that Mark Thomas & Company provided Fehr & Peers with direction about key cost estimate assumptions and how they should be allocated to each intercha nge component. For example, although the bridge components are a stand-alone cost estimate, the roadway and right- of-way information is not broken out by interchange component. Mark Thomas & Company identified that the ramp improvements are fairly comparable and should be split up proportionately (e.g. 25% to each ramp), but the right -of-way costs should be split only between the northbound ramps (50% to each ramp). The following costs were included into the fair share assessment (note, total component costs may not add up to total interchange costs due to rounding):
• Total interchange cost - $68,300,000
o Freeway Overcrossing Structure - $16,414,000
o Railroad Overcrossing Structure - $12,403,000
o Southbound Off-Ramp - $9,601,000
o Southbound On-Ramp - $9,601,000
o Northbound Off-Ramp – $10,111,000
o Northbound On-Ramp - $10,111,000
These cost estimates were combined with the fair share estimates by agency to estimate the fair share attributable to each agency.

Conclusions
The results of the fair share asses sment indicate that most of the traffic expected to be added to the Harley Knox interchange is not to/from the City of Perris – rather origins/destinations in unincorporated Riverside County, City of Moreno Valley, and locations that are external to the travel demand model. Specifically, the six largest contributions the model anticipated are:

1. Unincorporated Riverside County – 53%

2. Moreno Valley – 16%

3. Model Externalities (e.g. outside of the model area) – 9%

4. Perris – 6%

5. Riverside – 3%

6. Menifee – 3%
The top five nearby local agencies (Riverside County, Moreno Valley, Perris, Riverside, and Menifee) fair share contributions were applied to the cost estimates to estimate the total fair share contribution for each agency based on the traffic they add to the interchange. Table 2 summarizes the estimated fair share estimates for the interchange as a whole (using the total interchange cost and the weighted average fair share estimates). Table 3 summarizes the fair share estimates

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Grace Alvarez
September 9, 2022

Table 2 – Fair Share Estimates; Interchange as a Whole
Perris Fair Share $4,608,000
Riverside County Fair Share $35,118,000
Moreno Valley Fair Share $12,009,000
Menifee Fair Share $1,534,000
Riverside Fair Share $497,000
Total Interchange Cost $68,300,000
Source; Fehr & Peers, 2022
Note – Only the five agencies with the highest level of contribution are presented above. The remaining agencies contribute less than 2% of the total traffic to the interchange.

Table 3 – Fair Share Estimates; Contribution to Each Interchange Component Freeway
Overcrossing
Railroad
Overcrossing
Southbound
Off-Ramp
Southbound
On-Ramp
Northbound
Off-Ramp
Northbound
On-Ramp
Total Fair
Share Cost
Perris $ 1,015,000 $ 887,000 $ - $ 1,488,000 $ 1,885,000 $
- $ 5,274,000
Riverside
County $ 8,879,000 $ 6,077,000 $ 5,018,000 $ 4,756,000 $ 5,264,000 $ 5,788,000 $ 35,783,000 Moreno
Valley $ 4,122,000 $ 2,404,000 $ 530,000 $ 552,000 $ 21,000 $ 1,870,000 $ 9,499,000 Menifee $ 117,000 $ 55,000 $ - $ 311,000 $ 312,000 $
- $ 794,000
Riverside $ 356,000 $ 167,000 $ - $ 971,000 $ 966,000 $
- $ 2,461,000

As shown above, although the interchange is within the City of Perris, most of the growth anticipated to be added to the interchange comes from other jurisdictions. As such, it appears appropriate to coordinate with nearby agencies to develop a funding approach that is inclusive in nature. Specifically, for nearby agencies who contribute traffic to the Harley Knox interchange, it would be appropriate for them to contribute to the interchange delivery.

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Grace Alvarez
September 9, 2022

If you have any questions about the information presented above, please contact Jason Pack directly at 949.308.6312. We look forward to our continued work with the City of Perris on this improvement project.

Attachments:

Attachment A – Future Land Use Project Lists
Attachment B – Model Output Calculations
Attachment C – Interchange Cost Estimates
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Attachment: Comments Received (6119 : Plot Plan PEN21-0102 for an Automobile Parking Lot) CHAIR
Steve Manos
Lake Elsinore

VICE CHAIR
Russell Betts
Desert Hot Springs

COMMISSIONERS
John Lyon
Riverside
Steven Stewart
Palm Springs
Richard Stewart
Moreno Valley
Michael Geller
Riverside
Vernon Poole
Murrieta
STAFF
Director
Paul Rull
Simon Housman
Jackie Vega
Barbara Santos
County Administrative Center
4080 Lemon St.,14th Floor.

Riverside, CA 92501
(951) 955-5132
www.rcaluc.org

RIVERSIDE COUNTY

AIRPORT LAND USE COMMISSION
October 25, 2022
Julia Descoteaux, Senior Planner
City of Moreno Valley Community Development
14177 Frederick Street
Moreno Valley CA 92553
RE: Concerns regarding t he s afety of p eople as r aised by PEN2 1-0102 Au tomobile Parking Lot on Heacock Street
To Ms. Descoteaux,
On behalf of the Riverside County Airport Land Use Com mission (the ALUC), I would like to submit this letter of concern regarding PEN21-0102 Automobile Parking Lot on Heacock Street (the project).

The ALUC’s goal is defined in the Public Utilities Code (PUC) Section 21670(a) declaring that:
“(1) It is in the public interest to provide for the orderly development of each public use airport in this state and the area surrounding these airports so as to promote the overall goals and objectives of the C alifornia airport noise standards adopted pursuant to Section 21669 and to prevent the creation of new noise and safety problems. (2
) It is the purpose of this article to protect public health , safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards within areas around the public airports to the extent that these areas are not already devoted to incompatible uses.”
The A
LUC recognizes the City of Moreno Valley’s (the City) authority and obligation to review non-legislative projects for airport land use compatibility in accordance with the 2014 March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan (March ALUCP), to which the City’s General Plan was found consistent in 2021. Therefore, as the lead jurisdiction performing the airport land use compatibility review for the project, the City should also be consistent with not just the March ALUCP, but the intent and spirit of the PUC goals to protect the public health, safety, and welfare from inconsistent and incompatible land uses. As instructed by PUC Section 21674.7, “[i]t is the intent of the Legislature to discourage incompatible land uses near existing airports… It is the intent of the Legislature that local agencies shall be guided by the height, use, noise, safety, and density criteria that are compatible with airport operations, as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations, to the extent that the criteria has been incorporated into the plan prepared by a commission pursuant to Section 21675.”
Land U
se Planning around military airports such as March Air Reserve Base/Inland Port raises unique and com plex rules and issue s. The purpose of this letter is to assist the City in that analysis by identifying some of those issues, rules and how they apply to this project.

The AL
UC has concerns that the project will have significant impacts to the public health and safety based on its use as a parking lot and its location within the Compatibility Zone A (Clear F.1.x
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2 Zone) as identified in the March ALUCP, as well as identified as the Clear Zone in the 2018 Air Force Air Installation Compatible Use Study (AICUZ), which is defined as the:

“square area beyond the end of the runway and centered on the runway cente rline extending outward for 3,000 feet… a Clear Zone is required for all active runways and should remain undeveloped.”

The Clear Zone is a long recognized critical area located at the end of the runway where vital aviation maneuvers occur for take-off and landing. The 2005 AICUZ study provides aircraft data (1968-1995) identifying that 27.4% of all aircraft accidents occur within t he Clear Zone . The proposal to es tablish a parki ng lot in the Clear Zone puts people on the ground and in the aircraft at risk needlessly, especially when the parking lot could be relocated to a more appropriate airport zone further away from the runway and out of the Clear Zone.

The March ALUCP Compatibility Zone Factors Table MA-1 (Noise and Overflight Factors/Safety and Airspace Protection Factors) identifies the Clear Zone as a “Very High” Risk Level, and a “Very High” Noise Impact due to the high CNEL noise contour range between 65 – 75 dB and single-event noise levels.

The fundamental purpose of the March ALUCP is to promote appropriate land use compatibility around March Air Reserve Base by protecting public health, safety, and welfare. This is largely implemented by Table MA-2 Basic Compatibility criteria in the plan.

Table MA-2 provides the land use compatibility criteria for the Clear Zone which includes non- residential intensity, prohibited uses, and required open land.

Firstly, the non-residential intensity criteria for the Clear Zone is ZERO ( 0) people for both average and single acre intensity . Although the project will generate a very low occupancy based on the persons in each vehicle entering the site, any persons entering the site would immediately result in exceeding the non-residential average and single acre intensity criteria of ZERO (0) people.

Secondly, Table MA-2 provides a list of prohibited uses for the Clear Zone, which includes: all non-aeronautical structures, assemblages of p eople, objects exceeding FAR Part 77 height limits, all storage of hazardous materials, and hazards to flight.

1. The ALUCP analysis shows that the proposed parking lot land use, structures and vehicles within it, are considered non-aeronautical structures and would therefore be a prohibited use, because they do not serve any aeronautical functions to the March Air Reserve Base or Inland Port Airport.

2. Similar to the comment raised above regarding intensity, any occupanc y on the site would constitute “assemblages of people” and therefore would be a prohibited use.

3. Part 77 is the FAA OES process to determine if a project would impact air navigation.

The elevation of runway 14-32 at its southerly terminus is 1,488 feet above mean sea level (AMSL). At a distance of approximately 1,000 feet from the project to the nearest point on the runway, Federal Aviation Administration (FAA) Part 77 notification threshold would be 1,498 feet AMSL. The site elevation is 1,473 feet AMSL. Therefore, any objects greater than 25 feet in height would be exceed the FAA threshold and would be considered a prohibited use. These objects could include buildings, structures, landscaping, and in the project ‘s case, any tall vehicles or trailers that would exceed 25 feet in height.

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3 4. There is a concern that vehicles, truck trailers, and shipping containers in the parking lot could contain hazardous materials . A definition of hazardous materials is provided in Table MA-2 footnote 14 (in the context of Accident Potential Zones) as toxic, explosive, corrosive. In the event an air craft was to crash into a container that was st oring hazardous materials, the resulting col lision/explosion would be magnified due to the hazardous materials, which would further jeopardize the live s of the people on the ground and in the aircraft.

5. Hazards to flight is a prohibited use in the Clear Zone and is defined in Footnote #8 of Table MA-2 as: “Hazards to flight include physical (e.g. tall objects), visual, and electronic forms of interference with the safety of ai rcraft operations ”. The proposed parking lot may contain structures and vehicles, truck trailers, and cargo containers that could potentially interfere with the safety of aircraft operations.

Lastly, Table MA-2 identifies that in the Clear Zone, the required open land is “All Remaining”, which would consist of the entire site. The purpose of the ALUC open land is that in the event an aircraft is forced to make an emergency landing, the risks to the people on board can be best minimized by providing as much open land area as possible.

In 2021, the City’s General Plan ‘2040’ and Zoning Code Amendments (PEN19-0240, PEN21- 0030) were found consistent with the March ALUCP by the ALUC via ZAP1465MA21. These regulatory documents contained language requiring consistency with the March ALUCP and the Air Force Ins truction (AFI) 32-7063, which addresses Air Force policies on Land Use Compatibility in accordance with Department of Defense Instruction (DoDI) No. 4165.57.

As part of this consistency finding by ALUC, a special recommendation was also made :

1. Add to the Circulation Element a discussion identifying Heacock Street’s location within Zone A (Clear Zone) and the challenges that it presents with regards to satisfying Clear Zone criteria set forth in the 2014 March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan, the 2018 Air Installation Compatible Use Zone study, and the Department of Defense Instruction No. 4165.57. The following policy shall be added to the Circulation Element to ensure cons istency with these plans: “C.2-13. The City will coordinate with the March Air Reserve Base and Airport Land Use Commission staff to ensure that Heacock Street w ithin the Clear Zone is consistent with future land use plans adopted by the March Air Reserve Base and/or the Airport Land Use Commission”.

The incorporatio n of this recommendation highlights the significan t challenges concerning Heacock Street and the larger issues associated with the Clear Zone criteria. Furthermore, it also underlines the City’s commitment in satisfying the various issues within the Clear Zone as it relates to the March ALUCP, and to the Air Force AFI 32-7063 and DoDI No. 4165.57. Lastly, it emphasizes the City’s cooperation and coordination with the March Air Reserve Base and ALUC staff to ensure consistency of Heacock Street and the Clear Zone with land use compatibility plans adopted by ALUC and by the March Air Reserve Base.

A big reason as to why the City’s General Plan was f ound consistent with the March ALUCP was because it included several goals and policies from the Land Use and Safety Elements which promoted appropriate land use development around March Air Reserve Base in order to protect the public health, welfare and safety.

Land Use Element:

Policy LCC.1-11. “Require new development be compatible with the standards for land F.1.x
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4 uses, density and intensity specified in the March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan”.

Safety Element:

Goal S-4. “Minimize airp ort safety hazards and promote compatibility within airport operations”.

Policy S.4.1. “Limit hazards from flight operations in Moreno Valley through consistency with the March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan”.

Policy S.4-2. “Review all projects within the March Air Reserve Base/Inland Port Airport Influence Area for conformance with the compatibility criteria outlined in the March ALUC Plan”.

Policy S.4-3. “Minimize the potential for development adjacent to the March Air Reserve Base/Inland Port Airport to adversely affect airport operations such as by reducing the potential for bird strikes , electromagnetic interference, and glare” (as proposed in the City’s errata change list).

The ALUC contends that the proposed parking lot is not consistent with these airport land use compatibility goals and policies specified in the City’s General Plan as it would actively put people on the ground and in aircraft at harms risk in the Clear Zone where, as already stated above, 27.4% of all aircraft accidents occur.

In addition to the General Plan ‘ 2040’ d ocuments, the City also included Zoning Code Amendments as part of its consistency finding. These documents also included language requiring consistency with the March ALUCP and the Air Force Instruction AFI 32-7063 and DoDI No. 4165.57.

1. Section 9.07.060 relates to Airport Land Use Compatibility Plan and directly references the March ALUCP and Table MA-2 criteria. It also provides the intent of the section as; “The purpose of this chapter is to esta blish and imple ment the requirements of the Riverside County Airport Land Use Compatibili ty Pla n for the March Air Reserve Base/Inland Port Airport that affects land uses within the City of Moreno Valley and to encourage future development that is compatible with the con tinued operation of the March Air Reserve Base. It is also the intent of this section to recognize and implement the purpose for the guidelines contained in the March Air Reserve Base air installation compatible use zone report”.

Sub-section D states “For property located within a compatibility zone and subject to the airport land use compatibility plan policies and criteria, the ALUCP may be more restrictive than what would otherwise be allowed per City zoning designation applicable to the property . In addition to complying with the zoning requirements of this title, proposed uses and development on property within an airport compatibility zone must be determined to be consistent with, and comply with the comp atibility criteria of the applicable compatibility zone and airport land use compatibility plan”.

Specifically, Section 9.07.060.B states “The prov isions of the ALUCP shall apply in addition to the provisions of the underlying district. If there are inconsistencies between the underlying zones and the ALUCP, the ALUCP shall take precedence”. This language provides an additional layer of conformance with the March ALUCP.

In addition, Section 9.07.060.B required “ development within the Accident Potential F.1.x
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5 Zones (APZ’s) be consistent with the Air Force Instruction 32-7063, which addresses Air Force policies on Land Use Compatibili ty in accordance with Department of D efense Instruction (DoDI) No. 4165.57. More specifically, future development within the APZs shall be consistent with the DoDI acceptable/not acceptable land use tables, as well as its intensity criteria, which limits intensity to a maximum of 25 people in any given acre in APZ-I and to a maximum of 50 people in any given acre in APZ-II”.

It is the opinion of the ALUC that the proposed parking lot in the Clear Zone is inconsistent with the purpose and intent of these Zoning Code Amendments. The proposed parking lot is not an example of “encourage future development that is compati ble with the continued operation of the March Air Reserve Base”, actually, quite the opposite, as the proposed parking lot in the Clear Zone would hav e to be identified as ‘encroachment’ by the March Air Reserve Base, jeopardizing its future operations and existence.

The ALUC also contends that the Zoning Code Amendments establishes protocol in the event of multiple planning and airport zones are present, and that the correct protocol is “the provisions of the ALUCP shall apply in addition to the provi sions of the underlying district. If there are inconsistencies between the underlying zones and the ALUC P, the A LUCP shall take precedence”. In the case of the proposed parking lot, the March ALUCP must take precedence over underlying planning zones in the event there are inconsistencies between the two in order to satisfy the goal and policies of protecting the public health, welfare, and safety.

The Zoning Code Amendments also contain language referencing conformity to the Air Force AFI 32-7063 and DoDI No. 4165.57 in Section 9.07.060.B (mentioned above), and Sub-section I.5 which states : “ For discretiona ry actions proposed within the March ARB/IP A Accident Potential Zones (APZ -I and APZ-I I) or within the Clear Zone, the proposed use and/or development shall, in addition to m eeting the compatibility criteria of the March ALUCP, be consistent with current Air Force Guidance…”.

The ALUC also recognizes the Air Force’s jurisdiction in the Clear Zone, as set forth in the Air Force AFI 32-7063 and DoDI No. 4165. 57, as well as the latest 2018 AICUZ. Table A- 1 Appendix A of the 2018 AICUZ provides Land Use Compatibility Tables, which provides land use compatibility guidelines within the Clear Zones and Acc ident Potential Zones I and I I (APZs). More specifically, it references under SLUCM (Standard Land Use Coding Manual) recommendation No. 46: Automobile Parking, is identified as a “NO” land use designation in the Clear Zone. The ALUC concurs with the Air Force 2018 AICUZ land use table, and that the placing of the proposed parking lot in the Clear Zone is not just inconsistent with the 2018 AICUZ and March ALUCP, but also a public health and safety risk.

Airport Land Use analysis also includes considering airport related restrictions on the title to the subject property. Riverside County Official Document recorded September 27, 1984, Record Document Number 209559, is a Clear Zone Easement that encumbers the property which was purchased by the United States of America for the sum of $77,090.00, from Jennie Iparagurrie.

The docum ent identifies the easement as “ being ac quired for the use of the Air Force in connection with the March Air Force Base AICUZ projec t.”

The document details rights granted in the easement, including but not limited to, Number 9 which states:

“T he right to prohibit all land uses other than the following: a. agriculture; b. grazing (excluding feed lots and dairy her ds); c. permanent open space; d. existing water areas; e. rights-of-ways for fenced two-land highways, without sidewalks or bicycle trails, and single tract railroads; and f. communications and utilities rights-of-ways”.

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The itemized list of permitted uses illustrates a well-defined picture of what is appropriate on this land in the Clear Zone. The proposed parking lot is clearly inconsistent with these parameters.

Th
e ALUC presents these concerns to the City for its consideration while reviewing this parking lot in the Clear Zone. The role of the ALUC and the March ALUCP is to ensure that appropriate and compatible land uses are planned around the March Air Reserve Base in order to protect the public health, welfare, and safety. Incompatible land uses encroaching onto the Base must be avoided for that purpose and in order to secure the Base’s financial, military, and operational support to the community for the future. In adopting its General Plan 2040 and the cur rent Zoning Ordinance the City of Moreno Valley has committed to apply and enforce these policies.

Sinc
erely,

RIVERSIDE COUNTY AIRPORT LAND USE CO MMISSION
____________________
________________
Paul Rull, ALUC Director
cc:

Mike Lee, City Manager, City of Moreno Valley
Steve Manos, Chair, Airport Land Use Commission
Gary Gosliga, Airport Manager, March Inland Port Airport Authority Major David Shaw, Base Civil Engineer, March Air Reserve Base Michael Smith, Aviation Safety Officer, CALTRANS Division of Aeronautic s Dan Fairbanks, Planning Director, March Joint Powers Authority F.1.x
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October 26, 2022

Julia Descoteaux, Senior Planner
City of Moreno Valley
14177 Frederick Street
P.O. Box 88005
Moreno Valley, CA 92552-0805

Subject: Planning Commission Public Hearing #1 – Plot Plan (PEN21-0102) for an automobile parking lot on 9.14 acres in the Moreno Valley Industrial Area Specific Plan, Clear Zone District (Specific Plan 208)

Dear Ms. Descoteaux,

I am writing to you on behalf of the City of Norco to express the City’s opposition to Planning Commission Public Hearing #1 regarding PEN21-0102.

This is an issue of regional concern, as it relates to the future of March Air Reserve Base. As a city that benefits from the economic stimulus of a military base, the City of Norco recognizes that March Air Reserve Base is a significant economic driver for the region. While this is in some ways distant from Norco in miles, it is not distant in terms of economic impact.

The proposed development could jeopardize the future of March Air Reserve Base. The proposed development is inconsistent with the Land Use Compatibility Plan and may interfere with runway use, which in turn could harm projects and initiatives of regional significance, including the sizeable investment in new aerial refueling aircraft that will operate out of the Base.

This region has a considerable stake in the continued operation and success of March Air Reserve Base, therefore the City of Norco urges the Moreno Valley Planning Commission to oppose this proposed development.

Thank you for considering our comments. Please contact me if you have any questions or would like to discuss the above concern in further detail.

Sincerely,

Lori Sassoon
City Manager

Cc: Mike Lee, City Manager

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Julia Descoteaux, Senior Planner
City of Moreno Valley Community Development
14177 Frederick Street
Moreno Valley, CA 92533
Via Email to [email protected]

RE: Plot Plan PEN21-0102 (the “Proposed Plan”) for an automobile parking lot on 9.4 acres in Moreno Valley Industrial Ave Plan

Ms. Descoteaux:

I am providing this letter in support of the Proposed Plan for an automobile parking lot on 9.4 acres in Moreno Valley.

A. I have conducted an analysis of all of the properties located in the Clear Zone District that applies to the subject property. I have identified thirty-three (33) properties total of which twenty-three (23) properties are privately owned and the remaining are government owned.

SUMMARY OF PROPERTY FINDINGS (all located in the Clear Zone):

There are a total of seven properties (6-privately owned & 1-government owned) which have significant commercial, industrial and residential development ranging from a double wide trailer, SFR, barn, structures, truck/auto parking lots, trailer parking, storage yard, scrap yard, fencing and more.

1. Two of seven properties have no recorded avigation easements.

2. Four of the five remaining parcels are subject to the same or similar clear zone easement as the subject property.
a. One of the properties (APN 294-220-013) subject to the clear zone easement, has an additional Avigation Easement and Release from owner (Grantor) and accepted by MARB— on behalf of the March Inland Port Airport Authority, and City of Perris (Grantees) in order to authorize the owner’s development on the property.

3. Notably one parcel (APN 316-211-014) owned by U.S.A. includes residential development including a double wide trailer, barn, house and parking lot.

Some of the parties objecting to the Proposed Plan, including MARB, USAF, Riverside County/ALUC, and others, have stated that parking lots are prohibited in the clear zone. Based on these findings parking lots, and many other uses, including residential, parking, structures, commercial and industrial activities, are allowed in the clear zone.

See attached aerial map and tables of properties.

If these current uses are permitted on other properties in the clear zone, then they are compatible with the goals of promoting safety and regional economic development and therefore compatible under the Proposed Plan.

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Attachment: Comments Received (6119 : Plot Plan PEN21-0102 for an Automobile Parking Lot) B. ECONOMIC BENEFIT OF THE PROPOSED PLAN:

MARB is a joint use airport with commercial, logistical and general aviation activity for corporate aircraft and is centered in one of the fastest growing distribution and logistics areas of the United States.

Facilities include Jet-A-Way Café, Pilot’s Planning Room, Coffee Bar, Conference Room, Pilot’s Theater Room, Luxury crew cars, Hertz Rent-a-Cars and Catering. MARB is also home to Amazon Air which according to an article in the Press-Enterprise on 7/28/2019, was approved for 5 cargo flights a day from MARB.

It is reasonable to believe that a parking lot adjacent to this logistics transportation hub would be highly contributory to the region’s long-term economic development.

C. SAFETY CONCERNS:

The subject property is approximately 1,600 - 1700 feet from the end of the runway. There are many examples of parking lots and other significant commercial development within the same proximity to a military or commercial runway.

For example, at Joint Base Pearl Harbor Hickam (JBPHH) which shares runways and taxiways with the Daniel K. Inouye International Airport on the island of Oahu, Hawaii, there are multiple parking lots adjacent to the runways, some within 1,200 feet.

More locally at LAX, which has above ground and ground level parking lots, an In-N-Out Burger and other structures all within 1,670 feet of the runway. And Ontario airport which has several semi- trailer parking lots at the end of the runway all within 1,200 feet.

See attached diagrams.

It is reasonable to believe that a parking lot adjacent to MARB poses no greater risk to safety than the above cited airports.

I appreciate the opportunity to present these findings and observations in support of the Proposed Plan.

For the reasons stated above, the City of Moreno Valley should not discriminate against the applicant and approve the proposed plot plan.

Sincerely,

Martin Clouser
Senior Vice President
Kennedy Wilson
CaDRE# 00912230

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Attachment: Comments Received (6119 : Plot Plan PEN21-0102 for an Automobile Parking Lot) Subject Lot
Clear Zone Bounday
Govt Owned Parcel (gray)
Privately Owned Parcel
(blue)
Double side trailer,
barn, parking lot
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Attachment: Comments Received (6119 : Plot Plan PEN21-0102 for an Automobile Parking Map No Activity
In Clear Zone
PropertyID APN OwnerName LandUse LandUseTy
pe
Res.FullBat
hs
ParkingSqFt ParkingDesc
7 Residents, barn, commercial 14798768 314-153-072 USA 314 RESIDENTIAL (NEC) 0 0 8 Parking, structures 15807212 294-220-019 D HOWARD & HOWARD GIFT LIGHT INDUSTRIAL 0 0 9 Trailers, storage (hazard matl?) 16089936 294-220-010 DEAN DONALD COMMERCIAL LOT 0 0 13 Trailer parking 16994709 294-200-005 ROBERT & JOAN GIBEL VACANT -RESIDENTIAL LAND 0 0 29 Parking/Storage 14394411 294-220-013 MICHAEL & LISA PULCHEON LIGHT INDUSTRIAL 0 0 31 Truck parking 17131245 294-200-007 LAND MV MOBILE HOME LOT MM 2 400 CARPORT 32 Truck parking 18637712 294-200-006 LAND MV COMMERCIAL LOT G1 0 0 1 Unknown 13598141 316-211-009 FIRST INDUSTRIAL COMMERCIAL LOT RA5 0 0 3 Unknown 13910212 314-153-076 45 3RD AVE LLC COMMERCIAL LOT G1 0 0 5 Unknown 14353343 316-211-007 JOSE & MARTHA PEREZ VACANT -RESIDENTIAL LAND 0 0 10 Harley Knox Bl 16125519 314-153-013 JUDY L HAUGHNEY CITY CLERK RESIDENTIAL (NEC) 0 14 Unknown 17037266 314-153-077 HECTOR TELLO & MARICELA DEVALLADOLID COMMERCIAL LOT G1 0 0 15 Unknown 17101096 316-211-011 FIRST INDUSTRIAL INDUSTRIAL (NEC) RA5 0 0 16 Unknown 17527756 316-211-013 FIRST INDUSTRIAL INDUSTRIAL (NEC) RA5 0 0 17 Harley Knox Bl 18125306 009-615-667 HAZEL HALSEY RESIDENTIAL (NEC) 0 0 18 Unknown 18353856 314-153-014 JUDY L HAUGHNEY CITY CLERK RESIDENTIAL (NEC) 0 0 19 Harley Knox Bl 18681967 314-153-012 JUDY L HAUGHNEY CITY CLERK RESIDENTIAL (NEC) 0 20 Harley Knox Bl 18869992 314-153-011 JUDY L HAUGHNEY CITY CLERK RESIDENTIAL (NEC) 0 21 Unknown 18904719 316-211-010 FIRST INDUSTRIAL COMMERCIAL LOT RA5 0 0 23 Unknown 223518760 302-020-051 BOYD CARGILL & CAROLYN BRAZIL LIGHT INDUSTRIAL 0 24 Unknown 230555480 316-211-001 FIRST INDUSTRIAL WAREHOUSE 0 30 Unknown 14468537 316-211-019 FIRST INDUSTRIAL WAREHOUSE RA5 0 0 33 Unknown 179887203 302-020-048 FR CA PROPERTY HOLDING LP NURSERY/HORTICULTURE 0 Subject
4 None 14122276 316-211-014 LLC COMMERCE AGRICULTURAL LAND RA5 0 0 Government
2 13668590 294-200-002 NONE VACANT -RESIDENTIAL LAND 0 0 6 14531532 294-220-014 USA 294 VACANT -RESIDENTIAL LAND 0 0 11 16514450 294-220-003 NONE VACANT -RESIDENTIAL LAND 0 0 12 16876439 294-220-006 USA 294 RESIDENTIAL (NEC) 0 0
22 18908191 294-220-012 USA 294 VACANT -RESIDENTIAL LAND 0 0 25 230555901 316-211-008 NONE VACANT -RESIDENTIAL LAND 0 26 230556115 316-211-015 USA 316 COMMERCIAL LOT 0
27 14691664 314-153-009 USA 314 MOBILE HOME LOT 0 0
28 15263046 294-220-007 USA 294 RECREATIONAL (NEC) 2 0 CARPORT NO

VISIBLE

ACTIVITY
PER
AERIAL
SEE
NEXT
PAGE
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Attachment: Comments Received (6119 : Plot Plan PEN21-0102 for an Automobile Parking Map No APN
Activity
In Clear Zone (based on
Google Map Aerial)
Easement Pertaining to airfield/aircraft/MRAB (other than CZ) Recorded Easement(s)
Doc. No. (CZ = Clear Zone
Doc same as Subject)
Clear Zone
Easement
Private or
Govt? Titled Owner LandUseCode
(per Title Co)
LandUseT
ype
Res.FullB
aths
ParkingS
qFt
ParkingDe
sc
4 316-211-014 SUBJECT – None 1984.209559 (CZ) Yes COMMERCE LLC AGRICULTURAL LAND RA5 0 0 7 314-153-072 Residences 1) A portion of said land lies within clearance easement for the establishment, maintenance and use of an aircraft approach zone as disclosed by documents Recorded October 27, 1955 in Book 1813, Page 86, November 4, 1955 in Book 1816, Page 225, December 9, 1955 in Book 1831, Page 543 and May 7, 1956 in Book 1907, Page 440 all of Official Records of Riverside County, California. (Affects Parcel 2).
2) The terms, provisions and easement(s) contained in the document entitled "Grant of Easement-March Air Reserve Base" recorded May 15, 2013 as Instrument No. 2013-0230320 of Official Records. (Affects Parcel 2).

3. The terms, provisions and easement(s) contained in the document entitled "Grant of Easement-March Air Reserve Base" recorded June 12, 2017 as Instrument No. 2017-0233737 of Official Records. (Affects Parcel 2) 2013.0230320,
2017.0233737
None found Private &
Govt
Margarito Morales,
a married man, as
his sole and
separate property
as to Parcel 1;
The United States of
America, as to
Parcel 2

RESIDENTIAL
8 294-220-019 Parking, structures N/A None None found Private Cynthia De. Howard, Trustee and Bradley
D. Howard, Trustee

LIGHT INDUSTRIAL
9 294-220-010 Trailers, storage, haz mat? An easement for Runway Approach For Aircraft and incidental purposes, recorded 11/7/55 Book 1817, Page 115 and 9/11/56 Book 1969, Page 1 1985.106139 (CZ) Yes Private Donald Durst, an
unmarried man

COMMERCIAL LOT
13 294-200-005 Trailer parking 1) An easement for aircraft approach zone and incidental purposes, recorded November 07, 1955 as Book 1817, Page 115 of official records.

In Favor of: United States of America Affects: as described therein 2) An easement for aircraft approach zone and incidental purposes, recorded September 11, 1956 as Book 1969, Page 1 of Official Records. In Favor of: United States of America
None None found Private ROBERT A. GIBEL
AND JOAN K.

GIBEL, TRUSTEES OF

THE GIBEL FAMILY

TRUST, DATED
AUGUST 5, 2004

VACANT -

RESIDENTIAL LAND
29 294-220-013 Parking/Storage Easement for avigation and incidental purposes, recorded October 31, 2005 as Instrument No. 2005-0903018 of Official Records. In Favor of: City of Perris, a municipal corporation of the state of california, and to the March inland Port Airport Authority its successors, assigns. See Note below. 2005.0903018,
1984.209558(CZ)
Yes Private MICHAEL & LISA

PULCHEON

LIGHT INDUSTRIAL
31 294-200-007 Truck parking Easement for aviation easement and incidental purposes recorded as Book 1507, Page 529. 2. An easement for aviation easement and incidental purposes in the document recorded 11/7/55, Book 1730, Page 115. 3. An easement for aircraft approach zone and incidental purposes recorded 9/11/56, Book 1969, Page 1.
1985.106138 (CZ) Yes Private MV LAND LLC MOBILE HOME LOT MM 2 400 CARPORT 32 294-200-006 Truck parking Easement for aircraft approach easement and incidental purposes, recorded 11/7/55 as Instrument No. 70811 in Book 1817, Page 115 in favor of USA 1984.190270 (CZ) Yes Private MV LAND LLC COMMERCIAL LOT G1 Click on this link to view recorded docs
https://kennedywilson.box.com/s/fbwj
0hioulfi1gdbegsqqv6hztemo2h2
This page includes references to recorded docs for Clear Zone Easements and other avigation easements.

Special attention for Doc. No. 2005.0903018 on APN 294-220-013, which is an Avigation Easement and release from owner (Grantor) to airfield and City of Perris whereby Grantor was seeking an approval of a development on its property.

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Attachment: Comments Received (6119 : Plot Plan PEN21-0102 for an Automobile Parking MARB
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Attachment: Comments Received (6119 : Plot Plan PEN21-0102 for an Automobile Parking

HICKAM AFB
AND

DANIEL K INOUYE INTL

AIRPORT

OAHU, HAWAII
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Attachment: Comments Received (6119 : Plot Plan PEN21-0102 for an Automobile Parking

HICKAM AFB
AND

DANIEL K INOUYE INTL

AIRPORT

OAHU, HAWAII
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Attachment: Comments Received (6119 : Plot Plan PEN21-0102 for an Automobile Parking

ONTARIO
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JOHN WAYNE
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Attachment: Comments Received (6119 : Plot Plan PEN21-0102 for an Automobile Parking

JOHN WAYNE
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Attachment: Comments to PC at meeting with memo 12222022 (6119 : Plot Plan PEN21-0102 for an Automobile Parking Lot) 3880 Lemon St., Ste. 300
Riverside, CA 92501
P.O. Box 1529
Riverside, CA 92502-1529
951-241-7800
www.eadiepaynellp.com
December 20, 2022
Chair Alvin DeJohnette
City of Moreno Valley Planning Commission 14177
Frederick St
Moreno Valley, CA 92553
RE: Automobile Parking Lot – OPPOSITION
Dear Chair Alvin:

On behalf of the Greater Riverside Chambers of Commerce and its Military Affairs Council, representing over 1,200 local employers and 110,000 jobs in the Inland Southern California region, we respectfully OPPOSE the proposal for a trailer truck parking lot to be located on the East Side of Heacock Street north of the Perris Valley Storm Drain.

We are uncertain and concerned that March Air Reserve Base (MARB) has not been considered for coordination in the standard review process of the proposed project. This project remains unreviewed by the Airport Land Use Commission to determine and provide comments on the potential aerial safety threat to operations in MARB. Persisting safety concerns remain with the project’s incompatibility with the Air Installations Compatible Use Zones (AICUZ) study that promotes the proactive and collaborative planning for compatible development to sustain the mission and the economic impact of MARB.

In preservation of March Air Reserve Base and its economic impact to the City of Riverside, City of Moreno Valley, and the City of Perris we ask for your opposition of the proposed Truck Trailer Parking Lot. The base contributes over $500 million to the region annually and we advocate for its continued operations as an anchor for a strong local economy.

Th
ank you for your consideration. Should you have any questions, please do not hesitate to contact the Chamber at 951-683-7100.

Respectfully,
Brandon Ferrell
Partner, EadiePayne, LLP
cc: Members, City of Moreno Valley Planning
Commission NA/am
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Attachment: Comment Letter_DEC_Rec_12-27-2022 (6119 : Plot Plan PEN21-0102 for an Automobile Parking Lot)

Report to City Council

ID#6080 Page 1
TO: Mayor and City Council

FROM: Brian Mohan, Assistant City Manager

AGENDA DATE: February 21, 2023

TITLE: PUBLIC HEARING FOR ONE NATIONAL POLLUTANT

DISCHARGE ELIMINATION SYSTEM MAIL BALLOT

PROCEEDING

RECOMMENDED ACTION
Recommendations: That the City Council:

1. Conduct the Public Hearing and accept public testimony for the mail ballot proceeding for the National Pollutant Discharge Elimination System (NPDES) Residential Regulatory Rate to be applied to the property tax bill of the parcel s identified herein (Hakan Buvan, located near the northeast corner of Moreno Beach Dr. and Cactus Ave., on Bradshaw Circle);

2. Direct the City Clerk to open and count the returned NPDES ballot;

3. Verify and accept the results of the mail ballot proceeding as maintained by the City Clerk on the Official Tally Sheet and if approved, set the rate and impose the applicable NPDES Regulatory Rate on the Assessor’s Parcel Numbers as mentioned;

4. Receive and file the Official Tally Sheet with the City Clerk’s office.

SUMMARY

The action before the City Council is to conduct a Public Hearing for one National Pollutant Discharge Elimination System (NPDES) mail ballot proceeding. The process to accept two parcels into the City’s NPDES funding program impacts only the property owner identified below, not the general citizens or taxpayers of the City.

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DISCUSSION

The Clean Water Act of 1987 established requirements for the discharge of Urban Runoff from Municipal Separate Storm Sewer Systems under the NPDES program. The Santa Ana Re gional Water Quality Control Board administers the NPDES program through the issuance of a Permit. The NPDES program requires public agencies to obtain coverage under the Permit to discharge urban stormwater runoff from municipally owned drainage facilitie s, including streets, highways, storm drains, and flood control channels. The City’s current NPDES Permit requires all new development projects to comply with stormwater management requirements.

The City Council originally adopted the NPDES Residential Regulatory Rate on June 10, 2003. Each fiscal year, the City Council reviews and sets the rates for the following fiscal year.

As a condition of approval for the development project identified below, the applicant is required to provide a n ongoing funding source for the NPDES program. The funding is used to mitigate the increase in costs to the NPDES program, which will be created by their development project.

Property Owner/
Project
Assessor’s Parcel
Numbers Location FY 2022/23
Maximum Rate1
Hakan Buvan
TR 37462
PEN18-0080/SBP22-0016
478-090-030
478-090-031
Near the northeast corner of Moreno
Beach Dr. and Cactus Ave., on
Bradshaw Cir.
$374.52/parcel
Residential Rate
1The parcel’s development status will be evaluated, and the applied rate calculated in accordance with the rate schedule, prior to levying the NPDES rate on the property tax roll each year. The applied rate is the amount applied to the property tax bill. It cannot exceed the maximum rate.

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

1. The property owner a pproves the NPDES rate and authorize s the City to collect the rate on the annual Riverside County property tax bill through participation in a successful mail ballot proceeding; or

2. The applicant funds an endowment.

The Property Owner listed above elected to have the NPDES rate applied to the annual property tax bill of the property under development. Proposition 218 outlines the process to approve new charges, or an increase to existing charges, on property tax bills , which includes conducting a mail ballot proceeding, noticing requirements, timing of noticing, and providing an opportunity for the property owner to address the City Council (i.e., public comment portion of the Public Hearing). A notice describing the p urpose and amount of the charge, including the potential annual inflationary adjustment, and a ballot for the property was mailed to the Property Owner at least 45 -days in advance of tonight’s meeting (see Attachment 1). The ballot is due to the City Clerk prior to the close F.2
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of the Public Hearing. The ballot can be opened and counted, and results announced, at the close of the Public Hearing.

The condition of approval to provide a funding source for the NPDES program will be satisfied with a property owner’s approval of the NPDES mail ballot (i.e., marked yes and signed) and City Council acceptance of the results. In the event the ballot is not returned, is not approved, or is invalid (e.g., unmarked or unsigned), this condition of approval will remain unsatisfied and may delay development of the project.

This action meets the Strategic Plan Priorities to manage and maximize Moreno Valley’s public infrastructure to ensure an excellent quality of life, develop and implement innovative, cost-effective infrastructure maintenance programs, public facilities management strategies, and capital improvement programming and project delivery.

ALTERNATIVES

1. Conduct the Public Hearing and upon its close, open, count, and verify the returned ballot and accept the resul ts. Staff recommends this alternative since it will satisfy the project’s condition of approval provided the property owner approves the ballot.

2. Open the Public Hearing and continue it to a future regularly scheduled City Council meeting. Staff does not recommend this alternative because it will delay announcement of the ballot results and may delay project development.

3. Do not conduct the Public Hearing. Staff does not recommend this alternative since it will delay the condition of approval from being sat isfied and may delay project development. The City will incur additional costs to restart the 45-day noticing period.

4. Do not conduct the Public Hearing at this time but reschedule it to a date specific regularly scheduled City Council meeting. Staff does not recommend this alternative because it may delay project development and will cause the City to incur additional costs to restart the 45 -day noticing period.

FISCAL IMPACT

Revenue received from the NPDES rate is restricted and can only be used withi n the stormwater management program. The revenue provides funding to maintain compliance with the unfunded requirements of the Permit. It also offsets stormwater management program expenses, which reduces the financial impact to the General Fund. The NPDES rate is only applied to the property tax bills of parcels where approval of the rate has been authorized through a successful mail ballot proceeding.

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The FY 2022/23 maximum Residential Rate is $ 374.52 per parcel, and any division thereof. The maximum NPD ES rates are subject to an annual inflationary adjustment.

However, the annual adjustment cannot be applied unless the City Council annually authorizes such adjustment. The increase to the maximum rate cannot exceed the annual inflationary adjustment witho ut approval of the property owners subject to the charge. The NPDES rate applied to the property tax bill will be based on the development status of the property at the time the applied rates are calculated for the upcoming fiscal year.

NOTIFICATION

The ballot documents were mailed to the Property Owner at least 45-days in advance of the Public Hearing. The documents included a notice, NPDES ballot, map of the project area, instructions for marking and returning the ballot, and a postage -paid return envelope addressed to the City Clerk.

The Press-Enterprise published the legal notice for tonight’s Public Hearing on February 2, 2023 and February 9, 2023.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Kimberly Ganimian Brian Mohan
Special Districts Division Manager Assistant City Manager/CFO/City Treasurer

Concurred By:

Melissa Walker
Acting Public Works Director/City Engineer

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

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

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

1. Ballot Documents - Hakan Buvan

APPROVALS

Budget Officer Approval ✓ Approved . 2/15/23 11:47 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 2/15/23 11:49 AM F.2
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OFFICIAL MAIL BALLOT
for Assessor's Parcel Numbers (APNs)
478-090-030 and 478-090-031
National Pollutant Discharge Elimination System (NPDES) Residential Regulatory Rate
YES* - as property owner of the APNs listed above, I approve the NPDES Maximum Residential Regulatory Rate and services. For fiscal year (FY) 2022/23, the NPDES Maximum Residential Regulatory Rate is $374.52 per parcel, a combined total of $749.04 for the APNs. This calculation is based on the current parcel configuration; the actual annual amount annual levied will be determined at the time the levy is calculated. Upon approval of the maximum regulatory rate, the annual levy amount shall be placed on the annual Riverside County property tax bill or included as a monthly charge on a utility bill. Beginning FY 2023/24, the maximLDTI regulatory rate will be subject to an annual adjustment based on the percentage change calculated for the previous year in the Los Angeles-Long Beach-Anaheim Consumer Price Index for All Urban Consumers, as published by the Department of Labor's Bureau of Labor Statistics. The City shall provide the necessary services for the continuous operation, enhancement, and maintenance of the storm water discharge system, and perform inspections of the affected areas to ensure compliance with federally mandated NPDES Permit requirements.

NO** - as property owner of the APNs listed above, I do not approve the NPDES Maximum Residential Regulatory Rate and services. I understand that not approving the NPDES Maximum Residential Regulatory Rate to fund state and federally mandated NP DES Permit requirements will not satisfy the project's Conditions of Approval. The NPDES Maximum Residential Regulatory Rate will not be levied on the annual Riverside County property tax bill.

YES* NO** Weighted Ballot Fiscal Year 2022/23 NPDES Maximum Residential Count* Regulatory Rate per Parcel
□ □ 2 $374.52
Each Assessor's Parcel Number equals 1 Weighted Ballot.

I HEREBY DECLARE UNDER PENALTY OF PERJURY THAT I AM THE RECORD OWNER OF THE PARCEL(S} IDENTIFIED ON THIS BALLOT OR AM AUTHORIZED TO SUBMIT A BALLOT ON BEHALF OF THE RECORD OWNER.

SIGNATURE OF PROPERTY OWNER

PRINTED NAME DATE
Please remember to mark the appropriate box, sign and date the ballot, and return to the City Clerk's office in the enclosed envelope. This ballot must be received by the City Clerk of the City of Moreno Valley prior to the close of the public testimony portion of the Public Hearing. The Public Hearing will be held at 6:00 p.m., or as soon thereafter as the matter may be called, on February 21, 2023, at the Moreno Valley City Hall Council Chamber, 14177 Frederick Street, Moreno Valley, California.

Ballot(s) deemed invalid or incomplete will be discarded and a new process must be initiated in order to place the charge on the annual Riverside County property tax bill, which includes payment of the mail ballot fee. For administrative convenience, all parcels for your project have been combined on one ballot. If you prefer to have a separate ballot for each APN please call 951.413.3470 to request separate ballots.

NPDES Ballot 070121
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Attachment: Ballot Documents - Hakan Buvan (6080 : PUBLIC HEARING FOR ONE NATIONAL POLLUTANT DISCHARGE ELIMINATION Tel: 951.413.3480
Fax: 951.413.3170
www.movalorg
HakanBuvan
7 E Entrada
Irvine, CA 92620
ATTN: Hasna Hurmali

WHERE DREAMS SOAR
14177 FRErnRICKSIRFET
P. 0. BOX 88005
MORENOVALLEY,CA 92552-0805
January 5, 2023

NOTICE TO PROPERTY OWNER-MAIL BALLOT PROCEEDING FOR THE NATIONAL

POLLUTANTD ISCHARGEELIMINATIONSYSTEM(NPDES)MAXIMUM RESIDENTIAL REGULATORY RATE FOR APNs 478-090-030 and 478-090-031
***** OFFICIAL BALLOT ENCLOSED *****
Introduction
In November of 1996, California voters passed Proposition 218 ("The Right to Vote on Taxes Act"). As a result, any new or proposed increase in a property-related charge requires approval by the property owner of record. In compliance with Proposition 218 legislation, the City of Moreno Valley Special Districts Division is conducting a mail ballot proceeding to provide the owner of the APN(s) listed above the opportunity to express support for or opposition to the approval of the NPDES Maximum Residential Regulatory Rate and services. Approval of the NPDES Maximum Residential Regulatory Rate through a mail ballot proceeding fulfills the Land Development Division's Condition of Approval to provide a funding source for the NPDES financial program.

Background
The Clean Water Act of 1987 established requirements for the discharge of Urban Runoff from Municipal Separate Storm Sewer Systems under the NPDES Program. The NPDES Program is administered by the Santa Ana Regional Water Quality Control Board through the issuance of a Permit. The City's current NPDES Permit mandates all new development projects comply with storm water management activities. The NPDES Program requires public agencies to obtain coverage under the Pennit to discharge urban storm water runoff from municipally owned drainage facilities, including streets, highways, storm drains, and flood control channels.

Services Provided
In compliance with the Federal Clean Water Act, the City of Moreno Valley shall provide the necessary services for the continuous operation, enhancement, and maintenance of the storm water discharge system, and perform inspections of the affected areas to ensure compliance with federally mandated NPDES Permit requirements.

How is the Amount of the Charge Determined?
Each fiscal year (FY), the City of Moreno Valley detennines the type of services necessary to comply with NPDES Permit requirements and levies the rate applicable for that service, not to exceed the rate previously approved by the property owner.

Combined Notice Letter 072221
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Attachment: Ballot Documents - Hakan Buvan (6080 : PUBLIC HEARING FOR ONE NATIONAL POLLUTANT DISCHARGE ELIMINATION Notice of Mail Ballot Proceeding for Hakan Buvan
January 5, 2023
Proposed Charge
For FY 2022/2023, the NPDES Maximum Residential Regulatory Rate is $374.52 per parcel. The total amount of the NPDES rates levied for FY 2022/23 was $764,174 for the program as a whole.

Annual Adjustment
Beginning in FY2023/2024, the NPDES Maximum Residential Regulatory Rate will be subject to an annual adjustment based on the percentage change calculated for the previous year in the Los Angeles-Long Beach-Anaheim Consumer Price Index for All Urban Consumers, as published by the Department of Labor's Bureau of Labor Statistics.

Duration of the Charge
Upon approval of the NPD ES Maximum Residential Regulatory Rate, the annual levy amount will be assessed to the APN(s) listed above (and any division thereof) and shall be placed on the Riverside County property tax bill or included as a monthly charge on a utility bill. The NPDES Maximum Residential Regulatory Rate will be levied each following year at the proposed rate, which includes an annual inflation adjustment.

Public Hearing
To provide information concerning this mail ballot proceeding, the City has scheduled a Public Hearing, which will be held at the Moreno Valley City Hall Council Chamber located at 14177 Frederick Street, Moreno Valley.

Public Hearing
Tuesday, February 21, 2023
6:00 p.m.
(Or As Soon Thereafter As The Matter May Be Called)
Tabulation of the returned ballot will commence after the close of the public testimony portion of the Public Hearing. Any ballot received shall be tabulated under the direction of the City Clerk in compliance with the City's Policy for Conducting Mail Ballot Proceedings Policy #1.11.

Effect if the Charge is Approved
Approval of the NPDES Maximum Residential Regulatory Rate will be confirmed if the ballot is marked in favor (marked Yes) of the NPDES rate. Approving the NPDES Maximum Residential Regulatory Rate through a mail ballot proceeding will fulfill the Land Development Division's Condition of Approval to provide an ongoing funding source for the NPDES financial program.

Effect if the Charge is Not Approved
Not approving the NPDES Maximum Residential Regulatory Rate to meet state and federally mandated NPDES Permit requirements will not satisfy the Land Development Division's Condition of Approval to provide a funding source for the NPDES financial program. If the returned ballot is marked "No", the NPDES rate will not be levied on the property tax bill.

Effect if the Ballot is Deemed Invalid or Incomplete
Not marking the corresponding box on the ballot in support of or opposition to the proposed program and annual rate and/or not signing the ballot will result in an invalid ballot. In order to F.2.a
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Attachment: Ballot Documents - Hakan Buvan (6080 : PUBLIC HEARING FOR ONE NATIONAL POLLUTANT DISCHARGE ELIMINATION Notice of Mail Ballot Proceeding for Hakan Bu van
January 5, 2023
satisfy the Land Development Division's Condition of Approval by placement of the NPDES rate on the annual property tax bill, the mail ballot proceeding and 45-day noticing period will need to start over. Reinitiating_the process will require payment of the mail ballot proceeding fee.

For More Information
If you have any questions about the mail ballot proceeding process, please contact Isa Rojas, Management Analyst, with the City's Special Districts Division at 951.413.3470 or via email at IsaRo(iimoval.org or SDAdmin(ltmoval.orn during the City's business hours.

Questions regarding the NPDES financial program, the annual rate, or the Land Development Division's Conditions of Approval should be directed to the Land Development Division at 951.413.3120 or via email at landdevelopment�llmoval.org during the City's business hours.

The City's business hours are Monday through Thursday from 7:30 a.m. to 5:30 p.m. and Friday from 7:30 a.m. to 4:30 p.m.

Completing Your Ballot
Please follow the instructions below to complete and return your ballot. Procedures for the completion, return, and tabulation of the ballot are also on file in the City Clerk's office.

1. Mark the enclosed ballot in support of or opposition to the proposed program and annual rate by' placing a mark in the corresponding box. Ballots received without a designated vote will be considered invalid.

2. Sign your name on the ballot. Ballots received without signature(s) will be considered invalid and will not be counted.

3. Mail or personally deliver your completed ballot in a sealed envelope to the City Clerk's office, 14177 Frederick Street, Moreno Valley, California, 92553. For your convenience, a postage­ paid envelope has been included for return of the ballot.

4. Ballot(s) must be received by the City Clerk prior to the close of the public testimony portion of the Public Hearing scheduled for February 21, 2023, at the Moreno Valley City Hall Council Chamber. The Public Hearing will be held at 6:00 p.m. or as soon thereafter as the matter may be called. Ballots received after the close of the Public Hearing cannot be legally counted.

Ballot Marks
Appropriate ballot markings include any one of the following for either the YES/Approved or NO/Not Approved blank box:

Q A check mark substantially inside a box;
[8J An X mark substantially inside a box;
� A dot or oval mark substantially inside a box;
• A completely shaded or filled mark substantially inside a box; F.2.a
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Attachment: Ballot Documents - Hakan Buvan (6080 : PUBLIC HEARING FOR ONE NATIONAL POLLUTANT DISCHARGE ELIMINATION Notice of Mail Ballot Proceeding for Hakan Buvan
January 5, 2023
A line, single or dashed, or combination of lines, through the box area. Lines may be any one of the following marks: horizontal, vertical, or diagonal. The mark may either rnn from side to side or comer to comer. All valid lines must be substantially within the box area and not marking any part of another blank box on the ballot; A circle around the box and/or associated clause; or
A square or rectangle around the box and/or associated clause.

Ba11oting marks shall not extend past one box area into any portion of another nor surround the perimeter or any portion of more than one box area. Markings that extend past one box area into any portion of another or surround the perimeter or any portion of more than one box area shall be considered invalid and not counted.

Ballot Mark Revisions (Changes): An error or desire to revise (change) a selection made on the ballot may be completed and returned any time prior to the conclusion of public testimony at the Public Hearing. The revision must be initialed by the record owner(s) of property. Initials must be clearly printed and placed at the right top corner of the revised selection.

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and modification. Riverside County and City of Moreno
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Attachment: Ballot Documents - Hakan Buvan (6080 : PUBLIC HEARING FOR ONE NATIONAL

Report to City Council

ID#6076 Page 1
TO: Mayor and City Council

FROM: Brian Mohan, Assistant City Manager
Jeremy Bubnick, Parks & Community Services Director

AGENDA DATE: February 21, 2023

TITLE: ART MURAL PROGRAM DISCUSSION

RECOMMENDED ACTION
Recommendations:

1. Council to authorize the Assistant City Manager & Parks & Community Services Director to work with the Arts Commission to develop a Public Art Policy. The policy will reflect the mission of the Arts Commission and will include guidelines regarding submittal process, selection c riteria, installation, deinstallation, insurance, agreements, community engagement, and fiscal analysis.

2. Provide any other direction as authorized by Council.

SUMMARY

On November 1, 2022 and December 6, 2022 , Council approved the first and second reading of Ordinance 992, which created a Public Art Impact Fee. This fee will become effective sixty (60) days after the second reading, which will be February 6, 2023.

PCS Staff is working closely with the Art Commission to develop a Public Art Policy.

The Public Art Policy will include policies and procedures for commissioning and displaying public art throughout the city (sculptures, murals, fountains, displays, etc.) The policy will reflect the mission of the Arts Commission and will include guidelines regarding submittal process, selection criteria, installation, deinstallation, insurance, agreements, community engagement, and fiscal analysis.

The goal is to present a recommended policy to City Council prior to the summer recess.

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At the J anuary 3, 202 3 City Council meeting, Mayor Cabrera asked for this item to be agendized.

DISCUSSION

Council to provide direction, vision and scope of a new Art Mural Program prior to engaging the Art Commission to create and finalize the program for Council’s approval at a future meeting.

FISCAL IMPACT

The is no fiscal impact with this action.

NOTIFICATION

Publication of the Agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Name: Brian Mohan Name: Brian Mohan
Title: Assistant City Manager/CFO/Treasurer Title: Assistant City Manager/CFO/Treasurer

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

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

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

None

APPROVALS

Budget Officer Approval ✓ Approved . 1/06/23 9:47 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 1/06/23 10:01 AM H.1
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Report to City Council

ID#6103 Page 1
TO: Mayor and City Council

FROM: Jane Halstead, CMC, City Clerk

AGENDA DATE: February 21, 2023

TITLE: REVIEW OF OPTIONS REGARDING PROCEDURES FOR

SELECTING THE MAYOR PRO TEM

RECOMMENDED ACTION

1. Provide direction regarding whether the Mayor Pro Tem se lection process should be revised based on the one of the options described in this Staff Report.

SUMMARY/DISCUSSION

Mayor Cabrera requested that the City Clerk’s Office prepare a Staff Report that identifies or describes various ways that the Mayor Pro Tem be selected. Since there are no State laws that govern the selection of the Mayor Pro Tem for either General Law Cities and Charter Cities, cities throughout California have adopted a variety of procedures for selecting their Mayor Pro Tems. Some citi es incidentally refer to their Mayor Pro Tems as “Vice Mayors.”

CURRENT PROCESS OF SELECTION OF MAYOR PRO TEM

The current practice of selecting the Mayor Pro Tem is set forth in Section 4.1 (Selection of the Mayor Pro Tem) of the Rules of Procedure for Council Meetings and Related Functions and Activities (“Rules of Procedure”), attached hereto.

In summary, Section 4.1 provides that the Mayor Pro Tem is selected on an annual basis at the first Regular City Council Meeting in December, or as soon as re asonably feasible following the certification of the results of any election of candidates for City Council.

Nominations for the office Mayor Pro Tem may be made by any member of the City Council and need not be seconded in order to be effective. Appoint ment, however, requires approval by three or more affirmative votes. If none of the nominees receive at least three votes and there is no tie amongst any of the nominees, the process must be H.2
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repeated that will allow Council Members to make new nominations or retain their nominations, and another vote must be called on each nominee. However, if there is a tie amongst the nominees, these nominees shall be the only ones the City Council may vote for during a subsequent vote for Mayor Pro Tem. If upon repeatin g the process, no nominees has received at least three votes, the City Council may either repeat the process until a Mayor Pro Tem is selected, or the City Council may continue the selection of the Mayor Pro Tem to the next regular meeting of the City Council.

Pursuant to Section 4.1, the Mayor Pro Tem serves for a one year period or until a successor is selected. Section 4.1 further provides that the City Clerk shall conduct the swearing in of the Mayor Pro Tem, and each Council Member shall have an op portunity for brief comments. It should be noted that if the swearing in of the Mayor Pro Tem is deemed a “ceremonial meeting,” no other business shall be conducted at the meeting.

The provision regarding written ballots is not valid as it is no longer p ermitted by the Brown Act.

OPTIONS FOR SELECTING A MAYOR PRO TEM
Again, since there are no State laws governing the selection of Mayor Pro Tem, cities have come up with a variety of ways for selecting their Mayor Pro Tem. By far the most common selectio n is a council election. In other words, instead of being directly elected by voters in the same way a mayor or councilman is, the Mayor Pro Tem are often chosen by their fellow council members. This is typically done on an annual basis. Of course, since m any cities (like Moreno Valley) did not adopt their Mayor Pro Tem selection process by ordinance, it is difficult to be certain on which cities or how many cities adhere to any certain type of selection process.

Notwithstanding the above, here are some o ptions for the City Council to consider:

1. Nomination By Council Members

Each Council Member nominates at an open City Council meeting, and the City Council votes on each nomination.

• If there is a tie, then a “runoff” is held and the one who receives the most votes, which must be at least three affirmative votes, is appointed as Mayor Pro Tem.

2. Nomination By Mayor

Mayor nominates a Council Member to serve as Mayor Pro Tem, subject to approval of a majority of the total membership of the City Council.

• If the Mayor’s nominee does not receive approval of a majority of the total membership of the City Council, then the Mayor nominates someone else, H.2
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and another vote is taken until one of the Mayor’s nominees receives three affirmative votes.

3. Seniority

The Council Member who has been on the City Council for the longest continuous period of time is automatically appointed as Mayor Pro Tem.

4. Second Place Selection

The nominee who receives the second highest number of votes from the City Council serves as Mayor Pro Tem for the following year.

• If there is a tie, then a “runoff” is held and the one who receives the most votes, which must be at least three affirmative votes, is appointed as Mayor Pro Tem for the following year.

5. Equal Opportunity

The Council Mem ber who has not served as Mayor Pro Tem for the longest continuous period of time is automatically appointed as Mayor Pro Tem.

6. Percentage of Votes

The Council Member who has received the largest percentage of their District’s popular vote is automatically appointed as Mayor Pro Tem.

7. Random
The Council Member who draws the longest straw is automatically appointed as Mayor Pro Tem.

FISCAL IMPACT

There is no fiscal impact associated with the recommended action

NOTIFICATION
Publication of the Agenda

PREPARATION OF STAFF REPORT

Prepared By:

Jane Halstead
City Clerk

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

ATTACHMENTS
Rules of Procedure for Council Meetings and Relate Functions and Activities (Section

4.1)

CITY COUNCIL GOALS
None

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. SECTION 4.1 - Rules of Procedure for Council Meetings

APPROVALS

Budget Officer Approval ✓ Approved . 2/15/23 11:41 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 2/15/23 11:48 AM H.2
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Rules of Procedure for Council Meetings
and Related Functions and Activities

4.1 SELECTION OF THE MAYOR PRO TEM

4.1.1. ANNUAL SELECTION.

The City Council shall meet annually at its first regular meeting in December (or as soon as reasonably feasible following the certification of election results by the Election Official) to choose one of its number as Mayor Pro Tem. The Mayor Pro Tem shall be installed, sworn and sh all assume the office at that City Council meeting.

4.1.2. CITY CLERK PRESIDES.

The City Clerk shall conduct the swearing in of the Mayor Pro Tem. Each Council member shall have an opportunity for brief comments. No other business shall be conducted at the meeting if it is called as a ceremonial meeting.

4.1.3. SELECTION PROCESS.

Nominations for the office Mayor Pro Tem may be made by any member of the City Council and need not be seconded in order to be effective. Appointment shall be by three or mo re affirmative votes. In the event that no person receives three or more votes in the selection process, the selection process shall be repeated immediately; provided, however, that the two persons receiving the highest number of votes in the preceding selection process shall be the only nominees. If, upon repeating the selection process Mayor Pro Tem, no person has yet received three affirmative votes for such office, the City Council may either repeat the selection process until the officer has been duly selected or may continue the selection to the next regular meeting of the City Council.

4.1.4. WRITTEN BALLOT.

Voting in the selection of Mayor Pro Tem shall be by written ballot unless the City Council, by three or more affirmative votes, determines t o conduct the selection process by roll call vote. If conducted by written ballot, the vote of each Council member shall remain undisclosed until all votes have been cast and have been lodged with the City Clerk. The City Clerk shall then read aloud into the minutes of the City Council the identity of the voting Council member and the name of the person for whom such person is voting. The written ballots shall be public documents and shall be retained in the records of the City Council. The Standard Code of Parliamentary Procedure, fourth edition, as revised or approved from time to time by the American Institute of Parliamentarians, shall apply to resolve any question of procedure arising during the selection process, which is not governed by this Section.

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Attachment: SECTION 4.1 - Rules of Procedure for Council Meetings (6103 : REVIEW OPTIONS REGARDING PROCEDURES FOR SELECTING

4.1.5. TERM OF OFFICE.

Except as provided in this Section, the Mayor Pro Tem selected pursuant hereto shall serve for one year or until the next meeting scheduled for selection of Mayor Pro Tem pursuant to this Section, and thereafter if necessary unt il the successor has been duly selected.

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Attachment: SECTION 4.1 - Rules of Procedure for Council Meetings (6103 : REVIEW OPTIONS REGARDING PROCEDURES FOR SELECTING

Report to City Council

ID#6132 Page 1
TO: Mayor and City Council

FROM: Steve Quintanilla, Interim City Attorney

AGENDA DATE: February 21, 2023

TITLE: SENATE BILL NO. 1439 - CONFLICTS OF INTERESTS

RELATED TO CAMPAIGN CONTRIBUTIONS

RECOMMENDED ACTION
Recommendation:

1. That the City Council receive and file this report.

SUMMARY

Mayor Cabrera requested that staff prepare a summary of the new law regarding how campaign contributions can now create technical conflicts of interest for Council Members. This new law may require some Council Mem bers to recuse themselves under certain circumstances from participating in any decision -making activities related to the source (donor) of a campaign contribution to the Council Member. Incidentally, the rule contained in Senate Bill No. 1439 (“SB 1439”) is essentially the same rule that applied only to appointed officials, such as Planning Commissioners. SB 1439 basically extends the rule to elected officials, along with some other changes.

DISCUSSION

SB 1439, which took effect January 1, 2023, defines a new conflict of interest rule involving campaign contributions of more than $250 to Council Members. The new law also establishes new disclosure, recusal, and abstention requirements related to conflicts of interests based on campaign contributions.

Even though SB 1439 took effect on January 1, 2023, the Fair Political Practices Commission (“FPPC”) has determined that SB 1439 only applies prospectively after the law’s effective date. In other words, any campaign contributions received during 2022 are exempt under the conflict of interest analysis set forth in SB 1439.

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In summary, SB 1439 provides that a campaign contribution of more than $250 to a Council Member, can now create a conflict of interest for a Council Member. Council Members who have willfully and knowingly accepted, solicited, or directed a contribution of more than $250 from a party, participant, or their agent, within 12 months before a proceeding involving the subject donor’s prospective contract, license, permit, or use entitlement must disclose the contribution on the record and recuse themselves before the proceeding, unless the violation was properly cured, as described below.

If a Council Member received a “disqualifying” $250 -plus donation 12 months prior to a final decision in a proceeding affecting the donor, but returned the donation within 30 days from the time he or she knew or should have known about the contribution, the Council Member would not be disqualified from decision making activities affecting the subject donor – PROVIDED the Council Member also did not know about the proceeding involving the subject donor’s prospective license, permit or other use entitlement. This means that once a Council Member sees the donor’s item on an agenda, the Council Member cannot reso rt to curing the situation as set forth above; in such a case, the Council Member would be disqualified.

SB 1439 further provides that Council Members shall not accept, solicit, or direct a contribution of more than $250 from any party, participant, or th eir agent, if the Council Member knows or has reason to know that the donor has a financial interest in a decision while the proceeding is pending and for 12 months after the final decision is rendered. However, if the prohibited contribution was unwillin gly or unknowingly received during the 12 months after the final decision, the subject Council Member may cure the “violation” by returning the amount that exceeds $250 within 14 days of accepting, soliciting, or directing the contribution, whichever comes latest.

It is critical to note that SB 1439 applies not only to actual donors (which include parties and their agents), but also to “participants” which could include “non -parties” who actively support or oppose a particular decision and who have a fina ncial interest in the decision. One example may include a close neighbor to a property that is the subject of a land use decision, which under SB 1439 would be considered a “participant” even if the neighbor’s property is not the subject of the decision. I t could also include an owner of a business who opposes the approval of a prospective neighboring business over concerns regarding increased competition. In either case, a Council Member would be precluded from accepting or soliciting a contribution of mo re than $250 from the neighboring resident or neighboring business owner.

In conclusion, SB 1439 now means that Council Members must pay careful attention to their donors of more than $250 and their potential involvement in proceedings affecting such don ors, their agents and other participants such as the neighboring resident or neighboring business owner. In light of the prohibitions of SB 1439, Council Members may want to consider “self -limiting” contributions they accept from contributors who typically have business before the City to $250 or less, so that they will not be in violation of SB 1439.

CAMPAIGN CONTRIBUTION LIMITATIONS
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Since the City does not have any local restrictions on campaign contributions, it must comply with the state law’s limitat ions on campaign contributions, which currently provides that a candidate shall not accept from a person, a contribution totaling more than $5,500 per election, which is the current amount for 2023.

This amount is subject to adjustment by the Fair Politic al Practices Commission pursuant to Government Code Section 83124.

FISCAL IMPACT

There is no fiscal impact associated with the recommended action.

NOTIFICATION
Publication of the Agenda

PREPARATION OF STAFF REPORT

Prepared By:

Steven B. Quintanilla
Interim City Attorney

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

None

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APPROVALS

Budget Officer Approval ✓ Approved . 2/15/23 8:02 AM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 2/15/23 9:22 AM H.3
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