Moreno Valley City Council
April 18, 2023

BACKGROUND:

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

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

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

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

The City Council public hearing for the Proposed Project has subsequently been rescheduled (continued) for the City Council Meetings of June 21, 2022, November 15, 2022, and December 6, 2022. The November 15, 2022, City Council meeting was adjourned due to a lack of a quorum. However, at the subsequent City Council meeting, the public hearing was continued to a date uncertain at the request of the Applicant. Thereafter, on March16, 2023, the applicant submitted an email (Attachment 27), requesting that the public hearing be scheduled for the City Council meeting of April 18, 2023. As such, all the requisite public hearing notices were prepared, distributed and posted pursuant to applicable law for the April 18, 2023 public hearing.

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

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General Plan Amendment (PEN19-0191) – The purpose of the General Plan Amendment is to change the Land Use Designation of the Project Site under the City of Moreno Valley General Plan Land Use Map from Residential 2 (R2) to Business Park (BP). The primary purpose of the Business Park (BP) General Plan Land Use Designation is to provide for manufacturing, research and development, warehousing and distribution, as well as office and support commercial activities. The proposed General Plan Amendment, as requested by the Applicant, will be consistent with the Project Site’s adjacent parcels to the northwest, north, northeast, and east, which have Business Park (BP) Land Use Designations. The parcels to the northwest, north, and northeast have been developed with industrial warehouse buildings. The parcels to the east are currently vacant and unimproved. The change in the Project Site’s Land Use Designation would result in a total increase of approximately 80.04-acres of the Business Park (BP) General Plan Land Use Designation and a corresponding reduction of approximately 80.04-acres of the Residential 2 (R2) General Plan Land Use Designation.

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

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

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

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

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

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

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

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

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

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

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

6. All driveways on Encelia Avenue will be eliminated.

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

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

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

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

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

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

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

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

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

Storm Drain Condition

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

Community Benefits Offered by Applicant
In addition to the CEQA-related Mitigation Measures and the Conditions of Approval related to the requested entitlements, the Applicant has offered numerous “Community Benefits,” as set forth in letters from the Applicant, dated December 1, 2021, June 14, 2022, and April 13, 2023 which are included in the attached Resolution Accepting Community Benefits and Approving Park Agreement, that fall beyond the City’s legal authority to approve as CEQA-related Mitigation Measures or as the Conditions of Approval related to the requested entitlements, with the exception of the Storm Drain Condition described above. In other words, since the Community Benefits being offered by the Applicant lack sufficient nexus to the potential impacts of the Proposed Project, the City lacks the legal authority to unilaterally imposed the Community Benefits as bona fide Mitigation Measures or Conditions of Approval. Notwithstanding the above, the Applicant has agreed that the Community Benefits be memorialized as enforceable conditions of approval. As such, since these conditions of approval will be incorporated into the Proposed Project's approval, the City will be able to use code and permit enforcement procedures to ensure the implementation of each of the Community Benefits offered by the Applicant.

The Community Benefits offered by the Applicant in their December 1, 2021 letter include providing up to $204,000 to fund and administer several electric vehicle grant programs, which will include funding for Heavy Duty Electric Trucks, Medium Duty Electric Trucks, Local Delivery Electric Vehicles and Electric Passenger Vehicles. The Developer shall be responsible for establishing, funding, and administering each of the F.2
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grant programs and provide a hyperlink to each grant program that the City may post on the City’s official website for interested parties to access information about the programs. In addition, the Applicant has offered to provide $113,000 to fund a Solar Advocacy Fund, Residential Air Filtration Reimbursement Program, Residential Noise Insulation Reimbursement Program, and Residential Exterior Pressure Washing Reimbursement Program, in addition to installing additional onsite EV charging stations and at least one APU plug-in for every 35 dock doors at multiple locations within the Project Site where trucks are proposed to park. Moreover, only electrical appliances shall be used in building office areas, and the use of portable or stationary dieselpowered generators shall be prohibited unless necessary due to emergency situations or constrained supply. Also, all construction equipment shall meet or be cleaner than Tier 4 standards, except if the general contractor overseeing the Proposed Project’s construction certifies that it is not feasible to use exclusively Tier 4 equipment due to limited availability. In all events, at least 80% of all construction equipment shall meet or be cleaner than Tier 4 standards throughout the construction phase of the Proposed Project.

The Community Benefit offered by the Applicant in their June 14, 2022 letter is a $500,000 cash contribution to the Moreno Valley Community Foundation before a final Certificate of Occupancy is issued for any building or structure on the Project Site. (The specific purpose of the Moreno Valley Community Foundation, as described in its Bylaws, are as follows: 1) to lessen the burdens of government by aiding and assisting in the implementation, improvement, and maintenance of public services that preserve and promote the health and welfare and education of local citizenry of the City of Moreno Valley; 2) to form unincorporated divisions responsible for the furtherance of one or more of such public services as deemed appropriate by the Board of Directors of the Foundation; and 3) to receive, invest, and utilize funds and property acquired through the solicitation of contributions, donations, grants, gifts, bequests and the like for the purposes for which the Foundation was formed. Furthermore, all assets of the Foundation must be irrevocably dedicated to public and educational purposes for the benefit of the City and the residents and absolutely no part of the net income or assets of the Foundation shall ever inure to the benefit of any director, officer, or member thereof, or to the benefit of any private persons.

The Community Benefits offered by the Applicant in their April 13, 2023 letter include the donation $1,000,00.00 in annual revenue to the Moreno Valley Community Foundation for the first 15 years, a donation of $15,000,000.00 as a one-time payment, restricting the building height to 60 feet maximum, exclusively marketing to manufacturing uses for the first year, adding a 9,000 square foot community youth center to the previously proposed park, partnering with and donating $250,000 to the Kawhi Leonard Foundation for youth programs in the City; and the construction of two mega tesla charger stations for electric vehicle trucks on the project site.

In addition to the above-referenced Community Benefits, the Applicant has offered to develop and construct an 18-acre park facility, accommodating two full-size size fully lighted soccer fields, a fully lighted baseball field, a snack bar/concession, public restrooms, a walking path, playground, exercise equipment, landscaping and related parking, as more particularly described in the Community Park Acquisition and F.2
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Improvement Agreement, which is attached to the attached Resolution Accepting Community Benefits and Approving Park Agreement. Incidentally, the lighting installed by the Applicant will be for general illumination and night security purposes. The facility will be connected to all public utility services and all off-site public and private improvements shall be installed by the Applicant without any financial assistance or labor, equipment or materials provided by the City of Moreno Valley. Furthermore, fee title to the land for the facility shall be acquired by the Applicant without any financial assistance from the City of Moreno Valley. Fee title to the facility’s real property and all improvements, free of any liens, mortgages non-public utility easements, or any other encumbrances, will be donated to the City of Moreno Valley.

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

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

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

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

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

Per CEQA and the CEQA Guidelines, the Lead Agency must evaluate comments on the Draft EIR that were received during the public review period and must include written responses to comments in the Final EIR. (See CEQA section 21091(d) and CEQA Guidelines section 15088(a).) However, the Lead Agency is only required to provide responses regarding the disposition of any "significant environmental issues" raised by commentators. (See CEQA section 21091(d)(2)(B) and CEQA Guidelines sections 15088(c), 15132(d), and 15204(a).) In other words, the Lead Agency is not required to respond to those comments that do not address environmental issues. The Lead Agency's responses to comments may be incorporated as revisions to the Draft EIR or included in a separate section in the Final EIR. (See CEQA Guidelines section 15088(d).) In either case, they must appear in the final EIR, which must include the draft EIR, with any revisions or comments on the draft EIR either verbatim or in summary, and the Lead Agency's responses to comments on significant environmental issues. (See CEQA Guidelines section 15132.)
Lead Agencies must respond to comments received during the public comment period. (See CEQA Guidelines section 15088(a).) CEQA, however, does not require that the Lead Agency respond to late comments. (See CEQA section 21091(d)(1); see also Residents Against Specific Plan 380 v County of Riverside (2017) 9 CA5th 941 and Gilroy Citizens for Responsible Planning v City of Gilroy (2006) 140 CA4th 911.).

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

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

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

Notwithstanding the above, when the Lead Agency approves a project with significant environmental effects that will not be avoided or substantially lessened, it must adopt a statement disclosing that because of the project's overriding benefits, it is approving the project despite its environmental harm. (See CEQA Guidelines section 15043.) The Lead Agency must set forth the reasons for its action, based on the final EIR or other information in the record. (See CEQA section 21081(b) and CEQA Guidelines section 15093(a).) This requirement reflects the statutory policy that public agencies must weigh a proposed project's benefits against its unavoidable environmental risks and may find the adverse impacts "acceptable" if the benefits outweigh those effects. (See CEQA section 21081(b) and CEQA Guidelines section 15093(a); see also Cherry Valley Pass Acres & Neighbors v City of Beaumont (2010) 190 CA4th 316, Sierra Club v Contra Costa County (1992) 10 CA4th 1212 and San Francisco Ecology Ctr. v City & County of San Francisco (1975) 48 CA3d 584.) In other words, a statement of overriding considerations expresses the "larger, more general reasons for approving the project, F.2
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such as the need to create new jobs, provide housing, generate taxes, and the like." (See Concerned Citizens of S. Cent. L.A. v Los Angeles Unified Sch. Dist. (1994) 24 CA4th 826.)
In light of the foregoing, staff recommends that based on balancing the benefits of the Proposed Project against the unavoidable effects which remain, the City Council should find that any one of the following benefits standing alone would be sufficient to sustain the Statement of Overriding Considerations.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A decision not to recirculate will be upheld if it is supported by substantial evidence in the administrative record. (See 14 Cal Code Regs §15088.5(e); Laurel Heights Improvement Ass'n v Regents of Univ. of Cal. (1993) 6 C4th 1112; California Oak Found. v Regents of Univ. of Cal. (2010) 188 CA4th 227, 266.) Under CEQA, “substantial evidence" means "enough relevant information and reasonable inferences from this information that a fair argument can be made to support a conclusion, even though other conclusions might also be reached." (See 14 Cal Code Regs §15384(a) and Laurel Heights Improvement Ass'n v Regents of Univ. of Cal. (1988) 47 C3d 376, 393.) Substantial evidence includes facts, reasonable assumptions based on facts, and expert opinion supported by facts. Substantial evidence does not include argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, evidence that is not credible, or evidence of economic or social impacts that do not contribute to or are not caused by physical environmental impacts. (See Pub Res C §§21080(e), 21082.2(c); and 14 Cal Code Regs §§15064(f)(5)-(6), 15384.) Moreover, under the substantial evidence test, a reviewing court may not reweigh the evidence, as it would if it were to apply the independent judgment test. A reviewing court is limited to determining whether the record contains relevant information that a reasonable mind might accept as sufficient to support the conclusion reached. All reasonable doubts must be resolved in favor of the agency's determination, and the court may not set aside the agency's decision even if the opposite conclusion is more reasonable. (See Western States Petroleum Ass'n v Superior Court (1995) 9 C4th 559, 572; Laurel Heights Improvement Ass'n v Regents of Univ. of Cal., supra; San Diego Citizenry Group v County of San Diego (2013) 219 CA4th 1; Sierra Club v County of Napa (2004) 121 CA4th 1490, 1497; Defend the Bay v City of Irvine (2004) 119 CA4th 1261, 1267; Mira Mar Mobile Community v City of Oceanside (2004) 119 CA4th 477; Association of Irritated Residents v County of Madera (2003) 107 CA4th 1383, 1390; and Placer Ranch Partners v County of Placer (2001) 91 CA4th 1336, 1341.) Finally, a lead agency's factual determinations are given substantial deference and are presumed correct; the challenger bears the burden of proving the contrary. (See State Water Resources Control Bd. Cases (2006) 136 CA4th 674, 723; Sierra Club v County of Napa (2004) 121 CA4th 1490, 1497; San Franciscans Upholding the Downtown Plan v City & County of San Francisco (2002) 102 CA4th 656, 674; Save Our Peninsula Comm. v Monterey County Bd. of Supervisors (2001) 87 CA4th 99, 117; Barthelemy v F.2
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Chino Basin Mun. Water Dist. (1995) 38 CA4th 1609, 1617; and Al Larson Boat Shop, Inc. v Board of Harbor Comm'rs (1993) 18 CA4th 729, 740.) In light of the fact that all of the Proposed Revisions are directly related to the specific issues raised by the Planning Commission in its denial of the Proposed Project and input received from members of the public and the City Council at the December 7, 2021, public hearing, each of the Proposed Revisions were designed and intended to lessen the anticipated impacts of the Proposed Project from the levels initially identified in the Draft EIR. This has been accomplished through project-redesign, versus additional or modified mitigation measures. As such, none of the Proposed Revisions should trigger recirculation since they do not deprive the public of a meaningful opportunity to comment on either a substantial adverse environmental impact of the Proposed Project or a feasible project alternative or any mitigation measures that would clearly reduce the impact and that is not going to be implemented. In summary, in light the evidence set forth in this staff report and in the administrative record of these proceedings, there is substantial evidence in the record to support the determination that recirculation is unnecessary.

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.

ALTERNATIVES

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

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

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

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

PREPARATION OF STAFF REPORT
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Prepared By: Department Head Approval:

Sean P. Kelleher Manuel A. Mancha
Planning Official Community Development Director

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

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

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

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

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

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

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

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

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

Objective 1.5: Showcase Moreno Valley’s unique assets.

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

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

2. Appeal Letter

3. Resolution - Final Environmental Impact Report EIR

4. Exhibits A through D to Resolution - Final Environmental Impact Report

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

6. Resolution - No Net Loss

7. Ordinance - Zone Change

8. Resolution - Accepting Community Benefits and Approving Park Agreement

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

10.Adopted Planning Commission Resolution No. 2021-41 General Plan Amendment

11.Planning Commission Minutes of October 28, 2021

12.Moreno Valley Trade Center - Revised Project Evaluation

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

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

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

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

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

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

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

20.Site, Elevation, and Landscape Plans

21.Preliminary Grading Plan

22.Tentative Parcel Map 37836

23.Planning Commission - Public Comments Packet

24.City Council - Public Comments Packet 1 of 3

25.City Council - Public Comments Packet 2 of 3

26.City Council - Public Comments Packet 3 of 3
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27.Request for Public Hearing on April 18, 2023

APPROVALS
Budget Officer Approval ✓ Approved . 4/12/23 8:12 AM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 4/12/23 9:30 AM
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SAN BERNARDINO 550 East Hospitality Lane, Suite 300  San Bernardino, California 92408 SAN DIEGO 401 West A Street, Suite 925  San Diego, California 92101 GreshamSavage.com
H748-023 -- 4200512.1
[email protected]  ∙  San Bernardino Office (909) 890‐4499  ∙  fax (909) 890‐9877
November 10, 2021
VIA E‐MAIL ‐ [email protected]

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

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

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

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Packet Pg. 491 Attachment: Appeal Letter (6209 : Moreno Valley Trade Center/Park) Honorable Mayor and Members of the City Council
City of Moreno Valley
November 10, 2021

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

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

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

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

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

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Packet Pg. 492 Attachment: Appeal Letter (6209 : Moreno Valley Trade Center/Park) Honorable Mayor and Members of the City Council
City of Moreno Valley
November 10, 2021

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

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

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

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

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

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Packet Pg. 493 Attachment: Appeal Letter (6209 : Moreno Valley Trade Center/Park) Honorable Mayor and Members of the City Council
City of Moreno Valley
November 10, 2021

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

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

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

3  The Planning Commission, of course, failed to acknowledge that all industrial development projects that had been approved to date were considered, vetted and ultimately approved by the Commission itself.  The irony of the situation was apparently lost on them. 4   The fact that the Planning Commission failed to take the time to review the Project’s environmental documents directly undermines the Commissioners’ determination that the potential environmental impacts of the Project justify denial of the GPA.   The Planning Commission had no factual foundation upon which to base their findings regarding the F.2.a
Packet Pg. 494 Attachment: Appeal Letter (6209 : Moreno Valley Trade Center/Park) Honorable Mayor and Members of the City Council
City of Moreno Valley
November 10, 2021

H748-023 -- 4200512.1
will effectively reduce the level of potential environmental impacts of the Project.

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

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

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

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

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Packet Pg. 495 Attachment: Appeal Letter (6209 : Moreno Valley Trade Center/Park) Honorable Mayor and Members of the City Council
City of Moreno Valley
November 10, 2021

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

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

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

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

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

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

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

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

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

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Packet Pg. 496 Attachment: Appeal Letter (6209 : Moreno Valley Trade Center/Park) Honorable Mayor and Members of the City Council
City of Moreno Valley
November 10, 2021

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

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

The Planning Commission’s denial of the GPA based on the Project’s alleged environmental impacts was made in a vacuum and without reference to the mitigation measures and community benefits that, individually and collectively, reduce or offset these impacts and ultimately provide greater community benefits to the City.  Nor was there any factual or evidentiary foundation to support the Planning Commission’s findings of denial, as the Commissioners freely acknowledged not having read or reviewed the Project EIR or related materials.   For these reasons, the Planning Commission’s denial of the Project based on its potential environmental impacts is F.2.a
Packet Pg. 497 Attachment: Appeal Letter (6209 : Moreno Valley Trade Center/Park) F.2.a
Packet Pg. 498 Attachment: Appeal Letter (6209 : Moreno Valley Trade Center/Park) F.2.a
Packet Pg. 499 Attachment: Appeal Letter (6209 : Moreno Valley Trade Center/Park) 1 RESOLUTION NO. 2023-__

A RESOLUTION OF THE MORENO VALLEY CITY COUNCIL

APPROVING AND ADOPTING A MITIGATION, MONITORING AND

REPORTING PROGRAM AND STATEMENT OF OVERRIDING

CONSIDERATIONS AND CERTIFYING THE FINAL ENVIRONMENTAL

IMPACT REPORT FOR THE MORENO VALLEY TRADE CENTER

PROJECT
(Assessor Parcel Nos. 488-340-002 through 488-340-012)
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California; and
WHEREAS, MVTC, LLC, a Delaware limited liability company (“Applicant”) is proposing the development of a 1,263,271 square foot, modern light industrial building to be used as a warehouse distribution/logistics center, or, in the alternative, as an ecommerce facility, commonly known as the Moreno Valley Trade Center (“Proposed Project”), which includes associated site improvements, such as but not limited to, drive aisles, landscaping, utility infrastructure, water quality basins, exterior lighting, walls/fencing, and signage, as more fully described in the Environmental Impact Report (EIR), a copy of which is incorporated herein by this reference as though set forth in full; and
WHEREAS, the Proposed Project is located on land situated on Eucalyptus Avenue, west of Redlands Boulevard, north of Encelia Avenue, and east of Quincy Channel (APN’S 488-340-002 through 488-340-012) (“Project Site”); and WHEREAS, the Proposed Project includes the following requested entitlements:

General Plan Amendment (PEN19-0191), 2) Change of Zone (PEN19-0192) and corresponding amendment to the City’s Zoning Atlas, 3) Tentative Parcel Map (PEN19-0234), and 4) Plot Plan (PEN19-0193); and
WHEREAS, the purpose of General Plan Amendment (PEN19-0191) is to change the Land Use Designation of the Project Site under the City of Moreno Valley General Plan Land Use Map from Residential 2 (R2) to Business Park (BP); and WHEREAS, the purpose of Change of Zone (PEN19-0192) is to rezone the Project Site from Residential Agriculture 2 District (RA2) to Light Industrial District (LI), and to remove the Project Site’s “Primary Animal Keeping Overlay (PAKO)” overlay classification; and
WHEREAS, the purpose of Tentative Parcel Map (PEN19-0234) is to merge the existing 11 parcels into a single parcel; and
WHEREAS, the purpose of Plot Plan (PEN19-0193) is to construct an approximately 1,263,271 square foot Warehouse/Distribution building on the Project Site with associated parking, landscape improvements and off-site public improvements; and
F.2.b
Packet Pg. 500 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (6209 : Moreno Valley Trade Center/Park) 2 WHEREAS, the Proposed Project was considered by the Planning Commission at a duly noticed public hearing conducted on October 28, 2021, and the Planning Commission voted 4-0 to deny the Proposed Project; and
WHEREAS, the Applicant appealed the Planning Commission’s decision as set forth in Appeal Application (PAA21-0001) and a duly noticed public hearing on the appeal was conducted by the City Council on December 7, 2021; and WHEREAS, at the public hearing held on December 7, 2021, the City Council did not rule on the appeal, but rather, after receiving public testimony unanimously voted to continue the public hearing regarding the Draft EIR and the Proposed Project to a date uncertain; and
WHEREAS, after taking into consideration several issues raised by the Planning Commission in its denial of the Proposed Project and input it received from members of the public and the City Council at the December 7, 2021, public hearing, the Applicant submitted various revisions (“Proposed Revisions”) to the Proposed Project that the Applicant represents are responsive to the various concerns raised by members of the public, the Planning Commission and the City Council; and WHEREAS, since none of the Proposed Revisions presented by the Applicant require any modifications or revisions to General Plan Amendment (PEN19-0191) and Change of Zone (PEN19-0192), as originally presented on October 28, 2021, at the Planning Commission public hearing and on December 7, 2021, City Council public hearing, the City Council is not required to refer the Proposed Project back to the Planning Commission for a recommendation prior to taking final action of the Proposed Project, as revised per the Proposed Revisions; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”) (Public Res. Code, § 2100 et seq.) and the CEQA Guidelines (14 CCR § 15000 et seq.), the City is the “lead agency” for the Proposed Project; and
WHEREAS, the City as lead agency determined during the initial processing of the Proposed Project that it could have potentially significant effects on the environment, requiring the preparation of an Environmental Impact Report pursuant to CEQA in order to analyze all potential adverse environmental impacts of the Proposed Project; and WHEREAS , the City issued a Notice of Preparation (“NOP”) of a Draft EIR on March 16, 2020, and circulated the NOP for a period of 30 days, pursuant to the CEQA Guidelines; and
WHEREAS, pursuant to CEQA Guidelines section 15082, the City solicited comments from potential responsible agencies, including details about the scope and content of the environmental information related to each responsible agency’s respective area of statutory responsibility; and
WHEREAS, comment letters/emails were received by the City in response to the NOP, which assisted the City in narrowing the issues and alternatives for analysis in the F.2.b
Packet Pg. 501 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (6209 : Moreno Valley Trade Center/Park) 3 Draft EIR; and
WHEREAS, a public scoping meeting was also held on April 8, 2020, to familiarize the public with the Proposed Project and the environmental review process and to receive input as to the scope of the Draft EIR and issues of community concern; and WHEREAS, pursuant to Public Resources Code section 210092, public notices announcing availability of the Draft EIR was mailed to interested parties, an advertisement was published in the Press Enterprise (a newspaper of general circulation in the City), and copies of the Draft EIR and its Technical Appendices were made available for public review and inspection at the locations identified in the public notices; and WHEREAS, the Draft EIR circulated for review and comment by the public and other interested parties, agencies, and organizations on May 24, 2021, for a 45-day public review period, which commenced upon the filing of the Notice of Completion and Availability with the State Office of Planning and Research; and WHEREAS, during the 45-day public review period, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies and others pursuant to CEQA Guidelines section 15086; and WHEREAS, the City responded to all of the comments received by the City during the public review period; and
WHEREAS, the City prepared the Final EIR and, pursuant to Public Resources Code section 21092.5, the City provided copies of the Final EIR to all commenting persons and agencies; and
WHEREAS, the Final EIR sufficiently analyzes both the feasible mitigation measures necessary to avoid or substantially lessen the Proposed Project’s potential environmental impacts and a range of feasible alternatives capable of eliminating or reducing these effects in accordance with CEQA and the CEQA Guidelines; and WHEREAS, the Findings of Fact, attached hereto as Exhibit A, prepared for the Proposed Project conclude that the proposed mitigation measures, as set forth the Mitigation Monitoring and Reporting Program, attached hereto as Exhibit B, are feasible and constitute a binding set of obligations that will take full effect upon the City Council’s certification of the Final EIR; and
WHEREAS, the City Council, after considering and weighing the economic, planning, social, aesthetic, and environmental benefits of the Proposed Project against the Proposed Project’s unavoidable adverse impacts, has determined that the benefits of the Proposed Project outweigh the potential unavoidable adverse impacts; and WHEREAS, pursuant to CEQA Guidelines Section 15093, the City prepared a Statement of Overriding Consideration, attached hereto as Exhibit C, that provides that any significant adverse effects of the Proposed Project are acceptable since the expected benefits of the Proposed Project outweigh Proposed Project’s unavoidable adverse F.2.b
Packet Pg. 502 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (6209 : Moreno Valley Trade Center/Park) 4 environmental impacts; and
WHEREAS, the City has fulfilled its duties as lead agency pursuant to CEQA and the CEQA Guidelines and it has been determined by staff that the Final EIR is sufficiently detailed so that all of the potentially significant environmental effects of the Proposed Project have been adequately evaluated; and
WHEREAS, on June 21, 2022, the City Council did not rule on the appeal, but rather, unanimously voted to continue the public hearing regarding the Draft EIR and the Proposed Project to a date uncertain prior to reopening the public hearing; and WHEREAS, on November 15, 2022, the item was scheduled for consideration by the City Council; however, the meeting was canceled and adjourned to December 6, 2022, with no action being taken; and
WHEREAS, on December 6, 2022, the City Council did not rule on the appeal, but rather, unanimously voted to continue the public hearing regarding the Draft EIR and the Proposed Project to a date uncertain prior to reopening the public hearing; and WHEREAS, on April 18, 2023, the City Council conducted a duly noticed continued public hearing on the Proposed Project, as revised, and considered the Final EIR, the attached Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations; and
WHEREAS, the Final EIR reflects the independent judgment of the City Council and is deemed adequate for purposes of making decisions on the merits of the Project.

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

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

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

Section 3. Evidence
That the City Council has considered all of the evidence submitted into the administrative record for the Proposed Project, including, but not limited to, the following:
(a) Moreno Valley General Plan and all other relevant provisions contained therein;
(b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code; F.2.b
Packet Pg. 503 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (6209 : Moreno Valley Trade Center/Park) 5 (c) Applications for 1) General Plan Amendment (PEN19-0191), 2) Change of Zone (PEN19-0192) and corresponding amendment to the City’s Zoning Atlas, 3) Tentative Parcel Map (PEN19-0234), and 4) Plot Plan (PEN19- 0193) and all documents, records and references contained therein; (d) Proposed Project’s Final Environmental Impact Report and related Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations, attached hereto respectively as Exhibits B and C; (e) Findings of Fact, as attached hereto as Exhibit A;
(f) Proposed conditions of approval for the Proposed Project; (g) Staff Reports prepared for the Planning Commission for its October 28, 2021 public hearing and the City Council for its December 7, 2021 public hearing;
(h) Staff Reports prepared for the City Council for the June 21, 2022 public hearing;
(i) Staff Reports prepared for the City Council for the November 15, 2022 public hearing;
(j) Staff Reports prepared for the City Council for the December 6, 2022 public hearing;
(k) Staff Reports prepared for the City Council for the April 18, 2023 public hearing;
(l) Staff’s presentation at the December 7, 2021 and April 18, 2023 City Council public hearings;
(m) Testimony and/or comments from Applicant and its representatives during the December 7, 2021 and April 18, 2023 public hearings; and (n) Testimony and/or comments from all persons that was provided in written format or correspondence, at, or prior to, the December 7, 2021, June 21, 2022, November 15, 2022, December 6, 2022, and April 18, 2023 public hearings.

Section 4. Findings Regarding Recirculation
That based on the foregoing Recitals and the Evidence, and the additional related Findings set forth herein, the City Council makes the following findings with respect to the issue of Recirculation:
(a) That the Proposed Revisions, which are characterized as a “Comprehensive Project Redesign of the Proposed Project” (rather than mitigation) include a variety of changes to the Proposed Project that are intended specifically to reduce the impacts of the Proposed Project as originally described in the Draft EIR through project redesign; (b) That the various findings and determinations articulated in the recently prepared and updated technical studies, reports and evaluations, attached to the Staff Report, which include but not limited to the following: 1) Revised Project Evaluation; 2) Air Quality, Greenhouse Gas, and Health Risk Assessment Evaluations; 3) Traffic Impact Analysis Evaluations; 4) Noise Summaries; and 5) Hydrology Calculations, confirm that the Proposed F.2.b
Packet Pg. 504 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (6209 : Moreno Valley Trade Center/Park) 6 Revisions do not: 1) result in new significant environmental impacts that were not disclosed in the Draft EIR; nor 2) result in significant impacts that are more severe than the impacts that were disclosed in the Draft EIR; (c) That the Proposed Revisions will effectively benefit the neighboring residents, through reducing noise, traffic and air quality impacts on neighbors by: 1) reducing building size by 65,000+ square feet; 2) eliminating driveways on Encelia Avenue which will remove 650 daily vehicles on Encelia Avenue; 3) eliminating truck traffic on Redlands Boulevard, south of Eucalyptus Avenue; 4) improving visual and noise screening prior to trees reaching full size; 5) eliminating 11 dock doors from the Proposed Project’s design; and 6) adding a new approximately 35 foottall earthen berm on the southern side of the Project Site; (d) That the revised onsite circulation will direct trucks to access the Project Site from Eucalyptus Avenue only which means that no trucks from the Project Site will travel on Redlands Boulevard, south of Eucalyptus Avenue as was originally proposed, and that by designating the northern driveway on Redland Boulevard to “Automobile-Only,” traffic traveling southbound toward Encelia Avenue, traffic will be reduced by 35% of what was originally proposed in the Draft EIR;
(e) That the addition of the approximately 35-foot berm to the southern portion of the Project Site will also result in major changes that will significantly lessen the Proposed Project’s aesthetic impacts since: 1) it will completely block views of both the existing warehouses north of Eucalyptus Avenue and the Proposed Project from the adjacent neighborhood; 2) it will be landscaped with 24-inch box trees consisting of Blue Palo Verde, Desert Willow, California Sycamore, Coast Live Oak, Afghan Pine, and Canary Island Pine; and 3) only landscaping will then be visible from Encelia Avenue since the screen wall will be behind the berm;
(f) That the berm will also lessen the anticipated noise impacts, as originally described in the Draft EIR, in that: 1) the berm will drastically reduce sound below levels in prior design by reducing the noise level by an additional 26% from what was originally projected in the Draft EIR; 2) the berm will reduce the estimated project noise levels to 35.5 decibels (equivalent to “Quiet Suburban Nighttime or Quiet Urban Nighttime”) at the Encelia residential neighborhood, which is significantly lower than the ambient noise levels of

41.7 decibels (dBA Leq) that exist today within the neighborhood; and 3) the berm will serve as a noise cancelling mitigation measure related to ambient noise caused by back-up alarms mandated by OSHA and local regulations;
(g) That there are no changes needed to the analysis or mitigation measures contained in the Final EIR; and
F.2.b
Packet Pg. 505 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (6209 : Moreno Valley Trade Center/Park) 7 (h) That the public has not been deprived of a meaningful opportunity to comment on either a substantial adverse environmental impact of the project or a feasible project alternative or mitigation measure that would clearly reduce the impact and that is not going to be implemented.

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

Section 6. Findings Regarding Statement of Overriding
Considerations
That based on the foregoing Recitals and the Evidence, and the additional related Findings set forth herein, the City Council makes the following findings with respect to the Statement of Overriding Considerations:
(a) That although the Mitigation Measures are recommended to reduce the level of the potential environmental impacts of the Proposed Project, after the application of all feasible mitigation measures, that the Proposed Project would result in a few significant and unavoidable environmental effects; (b) That the following significant and unavoidable environmental impacts have been identified in the Final EIR and will require mitigation but cannot be mitigated to a level of insignificance: 1) Aesthetics: Substantial Adverse Effect on a Scenic Vista; 2) Air Quality: Air Quality Management Plan Conflict; 3) Air Quality: Criteria Pollutant Emissions; and 4) Greenhouse Gas Emissions;
(c) That details of these significant unavoidable adverse impacts are discussed F.2.b
Packet Pg. 506 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (6209 : Moreno Valley Trade Center/Park) 8 in the Final EIR and are summarized, or were otherwise provided in Section

5.3, Environmental Effects Which Remain Significant and Unavoidable After Mitigation and Findings, in the Statement of Facts and Findings, attached hereto as Exhibit A;
(d) That when balancing the benefits of the Proposed Project against the unavoidable effects which remain, the City Council finds that any one of the following benefits standing alone would be sufficient to sustain the Statement of Overriding Considerations:
i. Approval of the Proposed Project will create maximum employmentgenerating opportunities for citizens of Moreno Valley and surrounding communities. Development and construction of the site will create both temporary on-site jobs as well as indirectly support local and regional jobs. Additionally, construction spending will create a one-time stimulus to the local and regional economics; ii. Approval of the Proposed Project will create a Class A speculative light industrial building in Moreno Valley that is designed to meet contemporary industry standards and be economically competitive with similar industrial buildings in the local area and region; iii. Approval of the Proposed Project will contribute towards maximizing employment opportunities within the City to improve the jobs-housing balance and to reduce systemic unemployment within the City. The Proposed Project will attract businesses that can expedite the delivery of essential goods to consumers and businesses in Moreno Valley and beyond the City boundary;
iv. Approval of the Proposed Project will create approximately 1,000 new on-site jobs under the warehouse distribution/logistics option and 2,000 new on-site jobs under the e-commerce/fulfillment option; v. Approval of the Proposed Project will result in the development and operation of a state‐of‐the‐art logistics center that takes advantage of existing and planned infrastructure, is technologically feasible to construct, and in the general vicinity of similar industrial logistics and distribution center uses;
vi. Approval of the Proposed Project will maximize efficient goods movement throughout the region by locating a large format logistics center in close proximity to the Ports of Los Angeles and Long Beach thereby enabling trucks servicing the site to achieve a minimum of two roundtrips per day;
vii. Approval of the Proposed Project will maximize the use of a large industrial site in the region that is in close proximity to the Ports of F.2.b
Packet Pg. 507 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (6209 : Moreno Valley Trade Center/Park) 9 Los Angeles and Long Beach, to realize substantial unmet demand in the region, allowing the region to compete on a domestic and international scale through the efficient and cost‐effective movement of goods; and
viii. Approval of the Proposed Project will facilitate the development of long-standing underutilized and vacant land.

Section 7. Findings Regarding Final Environmental Impact Report That based on the foregoing Recitals and the Evidence, and the additional related Findings set forth herein, the City Council makes the following findings with respect to the Final Environmental Impact Report:
(a) That pursuant to Public Resources Code section 21090.4 and CEQA Guidelines sections 15082 – 15083, the City solicited the views of responsible agencies and certain other public agencies regarding the scope and content of the Draft EIR via a Notice of Preparation of the Draft EIR; (b) That pursuant to Public Resources Code sections 21080.4 and 21092.3, a copy of the Notice of Preparation also must be mailed to the State Office of Planning and Research and posted in the office of the Riverside County Clerk;
(c) That pursuant to CEQA Guidelines sections 15082(c) and 15083, the City held a scoping meeting to consult with responsible and trustee agencies, the public and other interested parties;
(d) That pursuant to Public Resources Code sections 21080.3.1 – 21080.3.2, the provided formal written notification to any tribe that has requested notice of projects within its traditionally and culturally affiliated area; (e) That the Draft EIR was prepared and circulated to the public and affected public agencies for review and comments for a 45-day pubic review period and the Final EIR, including the comments submitted and responses to those comments, was prepared;
(f) That pursuant to Public Resources Code section 21092(b)(1), a Notice of Completion was prepared and it included a description of how the draft EIR can be obtained in electronic format;
(g) That pursuant to Public Resources Code section 21091(d)(2) and CEQA Guidelines section 15088, written comments received during the public review period for the Draft EIR were responded to in writing; (h) That pursuant to Public Resources Code section 21091(d)(2)(B) and CEQA Guidelines section 15088, the responses to comments provided reasoned, good faith analyses regarding all significant environmental issues raised in F.2.b
Packet Pg. 508 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (6209 : Moreno Valley Trade Center/Park) 10 the EIR comments;
(i) That pursuant to Public Resources Code section 21100 and CEQA Guidelines sections 15120-15132, the Final EIR accurately describes the Proposed Project; identifies and analyzes each significant environmental impact expected to result from the Proposed Project; identifies mitigation measures to reduce those impacts to the extent feasible; evaluates a range of reasonable alternatives to the Proposed Project; and includes a statement indicating the reasons for determining that any effects on the environment are not significant and, thus, have not been discussed in detail; (j) That pursuant to CEQA Guidelines section 15132, the Final EIR consists of the Draft EIR with any revisions made following its circulation for public review, the comments received on the Draft EIR, a list of persons and entities commenting on the Draft EIR, and the City’s responses to comments;
(k) That pursuant to CEQA Guidelines section 15090(a) the Final EIR was completed in compliance with CEQA and was reviewed and considered by the City Council before approval of the Proposed Project; and (l) That the Final EIR is complete and adequate; and
(m) That pursuant to Public Resources Code section 21082.1(c)(3) and CEQA Guidelines section 15090(a)(3), the Final EIR reflects the independent judgment of the City and City Council.

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

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

Section 10. Approval and Adoption of Statement of Overriding Considerations
That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings set forth herein, the City Council hereby approves and adopts the F.2.b
Packet Pg. 509 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (6209 : Moreno Valley Trade Center/Park) 11 Statement of Overriding Considerations, attached hereto as Exhibit c.

Section 11. Certification of Final Environmental Impact Report That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings set forth herein, and approval and adoption of the Mitigation Measures and Mitigation Monitoring & Reporting Program, attached hereto as Exhibit B, and the Statement of Overriding Considerations, attached hereto as Exhibit C, the City Council hereby certifies the Final Environmental Impact Report, attached hereto as Exhibit D, which is complete and adequate and reflects the independent judgment of the City and City Council.

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

Section 13. Repeal of Conflicting Provisions
That all the provisions as heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

Section 14. Severability
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

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

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

F.2.b
Packet Pg. 510 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (6209 : Moreno Valley Trade Center/Park) 12 PASSED AND ADOPTED THIS 18th day of April, 2023.
____________________________________
Ulises Cabrera, Mayor
ATTEST:
____________________________________
Jane Halstead, City Clerk
APPROVED AS TO FORM:
____________________________________
Steven B. Quintanilla, Interim City Attorney
Exhibits:

Exhibit A: Statement of Facts and Findings
Exhibit B: Mitigation Monitoring and Reporting Program
Exhibit C: Statement of Overriding Considerations
Exhibit D: Final Environmental Impact Report
F.2.b
Packet Pg. 511 Attachment: Resolution - Final Environmental Impact Report EIR [Revision 1] (6209 : Moreno Valley Trade Center/Park) RESOLUTION NUMBER 2023-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO

VALLEY, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT
(PEN19-0191), TENTATIVE PARCEL MAP (PEN19-0234), AND PLOT PLAN (PEN19-0193) FOR THE DEVELOPMENT OF A 1,263,271

SQUARE FOOT WAREHOUSE DISTRIBUTION/LOGISTICS CENTER

KNOWN AS THE MORENO VALLEY TRADE CENTER PROJECT

LOCATED AT EUCALYPTUS AVENUE, WEST OF REDLANDS

BOULEVARD, NORTH OF ENCELIA AVENUE, AND EAST OF

QUINCY CHANNEL
(APN’S 488-340-002 through 488-340-012)
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California; and
WHEREAS, MVTC, LLC, a Delaware limited liability company (“Applicant”) is proposing the development of a 1,263,271 square foot, modern light industrial building to be used as a warehouse distribution/logistics center, or, in the alternative, as an e-commerce facility, commonly known as the Moreno Valley Trade Center (“Proposed Project”), which includes associated site improvements, such as but not limited to, drive aisles, landscaping, utility infrastructure, water quality basins, exterior lighting, walls/fencing, and signage, as more fully described in the Environmental Impact Report (EIR), a copy of which is incorporated herein by this reference as though set forth in full; and
WHEREAS, the Proposed Project is located on land situated on Eucalyptus Avenue, west of Redlands Boulevard, north of Encelia Avenue, and east of Quincy Channel (APN’S 488-340-002 through 488-340-012) (“Project Site”); and WHEREAS, the Proposed Project includes the following requested entitlements:

General Plan Amendment (PEN19-0191), 2) Change of Zone (PEN19-0192) and corresponding amendment to the City’s Zoning Atlas, 3) Tentative Parcel Map (PEN19- 0234), and 4) Plot Plan (PEN19-0193); and
WHEREAS, the purpose of General Plan Amendment (PEN19-0191) is to change the Land Use Designation of the Project Site under the City of Moreno Valley General Plan Land Use Map from Residential 2 (R2) to Business Park (BP); and WHEREAS, the purpose of Change of Zone (PEN19-0192) is to rezone the Project Site from Residential Agriculture 2 District (RA2) to Light Industrial District (LI), and to remove the Project Site’s “Primary Animal Keeping Overlay (PAKO)” overlay classification; and
WHEREAS, the purpose of Tentative Parcel Map (PEN19-0234 is to merge the existing 11 parcels into a single parcel; and
WHEREAS, the purpose of Plot Plan (PEN19-0193) is to construct an F.2.d
Packet Pg. 512 Attachment: Resolution - General Plan Amendment - Tentative Parcel Map - Plot Plan [Revision 1] (6209 : Moreno Valley Trade Center/Park) approximately 1,263,271 square foot Warehouse/Distribution building on the Project Site with associated parking, landscape improvements and off-site public improvements; and
WHEREAS, the Proposed Project was considered by the Planning Commission at a duly noticed public hearing conducted on October 28, 2021, and the Planning Commission voted 4-0 to deny the Proposed Project; and
WHEREAS, the Applicant appealed the Planning Commission’s decision as set forth in Appeal Application (PAA21-0001) and a duly noticed public hearing on the appeal was conducted by the City Council on December 7, 2021; and WHEREAS, at the public hearing held on December 7, 2021, the City Council did not rule on the appeal, but rather, after receiving public testimony unanimously voted to continue the public hearing regarding the Draft EIR and the Proposed Project to a date uncertain; and
WHEREAS, the Applicant has taken into consideration several issues raised by the Planning Commission in its denial of the Proposed Project and input it received from members of the public and the City Council at the December 7, 2021 public hearing, and submitted various revisions to the Proposed Project that the Applicant represented are responsive to the various concerns raised by members of the public, the Planning Commission and the City Council; and
WHEREAS, since none of the proposed revisions presented by the Applicant nor recommended by staff require any modifications or revisions to General Plan Amendment (PEN19-0191) and Change of Zone (PEN19-0192), as originally presented on October 28, 2021, at the Planning Commission public hearing and on December 7, 2021 City Council public hearing, the City Council is not required to refer the Proposed Project back to the Planning Commission for a recommendation prior to taking final action of the Proposed Project, as revised; and
WHEREAS, on June 21, 2022, the City Council did not rule on the appeal, but rather, unanimously voted to continue the public hearing regarding the Draft EIR and the Proposed Project to a date uncertain prior to reopening the public hearing; and WHEREAS, on November 15, 2022, the item was scheduled for consideration by the City Council; however, the meeting was canceled and adjourned to December 6, 2022, with no action being taken; and
WHEREAS, on December 6, 2022, the City Council did not rule on the appeal, but rather, unanimously voted to continue the public hearing regarding the Draft EIR and the Proposed Project to a date uncertain prior to reopening the public hearing; and WHEREAS, on April 18, 2023, the City Council conducted a duly noticed continued public hearing on the Proposed Project, as revised, and considered the Proposed Project’s Environmental Impact Report and related Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations; and F.2.d
Packet Pg. 513 Attachment: Resolution - General Plan Amendment - Tentative Parcel Map - Plot Plan [Revision 1] (6209 : Moreno Valley Trade Center/Park) WHEREAS, on April 18, 2023, in accordance with the provisions of the California Environmental Quality Act (CEQA) and CEQA Guidelines, the City Council considered and approved Resolution No. 2023-____ certifying the Proposed Project’s Environmental Impact Report, adopting a Mitigation Monitoring and Reporting Program and approving a Statement of Overriding Considerations.

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

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

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

Section 3. Evidence
That the City Council has considered all of the evidence submitted into the administrative record for the Proposed Project, including, but not limited to, the following:
(a) Moreno Valley General Plan and all other relevant provisions contained therein;
(b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code and all other relevant provisions referenced therein;
(c) Applications for 1) General Plan Amendment (PEN19-0191), 2) Change of Zone (PEN19-0192) and corresponding amendment to the City’s Zoning Atlas, 3) Tentative Parcel Map (PEN19-0234), and 4) Plot Plan (PEN19- 0193) and all documents, records and references contained therein;
(d) Proposed Project’s Environmental Impact Report and related Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations;
(e) Proposed conditions of approval for the Proposed Project; (f) Staff Reports prepared for the Planning Commission for its October 28, 2021 public hearing and the City Council for its December 7, 2021 public hearing;
(g) Staff Reports prepared for the City Council for the June 21, 2022 public hearing;
(h) Staff Reports prepared for the City Council for the November 15, 2022 public hearing;
(i) Staff Reports prepared for the City Council for the December 6, 2022 public hearing;
(j) Staff Reports prepared for the City Council for the April 18, 2023 public F.2.d
Packet Pg. 514 Attachment: Resolution - General Plan Amendment - Tentative Parcel Map - Plot Plan [Revision 1] (6209 : Moreno Valley Trade Center/Park) hearing;
(k) Staff’s presentation at the December 7, 2021 and April 18, 2023 City Council public hearings;
(l) Testimony and/or comments from Applicant and its representatives during the December 7, 2021 and April 18, 2023 public hearings; and (m) Testimony and/or comments from all persons that was provided in written format or correspondence, at, or prior to, the December 7, 2021, June 21, 2022, November 15, 2022, December 6, 2022, and April 18, 2023 public hearings.

Section 4. Findings
That based on the foregoing Recitals and the Evidence, the City Council makes the following findings:
(a) That General Plan Amendment (PEN19-0191) is consistent with existing goals, objectives, policies and programs of the 2040 General Plan and will not adversely affect the public health, safety or general welfare; (b) That the Proposed Project, which includes Plot Plan (PEN19-0193), is consistent with the goals, objectives, policies and programs of the 2040 General Plan; complies with all applicable zoning and other regulations and will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; and the location, design and operation of the Proposed Project will be compatible with existing and planned land uses in the vicinity; and (c) That Tentative Parcel Map (PEN19-0234) involves at least one parcel that is undeveloped by any structure for which a building permit was issued and is consistent with the 2040 General Plan.

Section 5. Approval
That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings set forth above, the City Council hereby approves 1) General Plan Amendment (PEN19-0191), 2) Tentative Parcel Map (PEN19-0234), and 3) Plot Plan (PEN19-0193) subject to the respective conditions of approval as set forth in Exhibit A, attached hereto, and the mitigation measures set forth in the Mitigation Monitoring and Reporting Program approved by the City Council through the adoption of Resolution No.2023- .

Section 6. Repeal of Conflicting Provisions
That all the provisions as heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

Section 7. Severability
F.2.d
Packet Pg. 515 Attachment: Resolution - General Plan Amendment - Tentative Parcel Map - Plot Plan [Revision 1] (6209 : Moreno Valley Trade Center/Park) That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

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

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

PASSED AND ADOPTED THIS 18th day of April, 2023.
____________________________________
Ulises Cabrera, Mayor
ATTEST:
____________________________________
Jane Halstead, City Clerk
APPROVED AS TO FORM:
____________________________________
Steven B. Quintanilla, Interim City Attorney
Exhibits:

Exhibit A: Conditions of Approval for 1) General Plan Amendment (PEN19-0191), 2) Tentative Parcel Map (PEN19-0234), and 4) Plot Plan (PEN19-0193) F.2.d
Packet Pg. 516 Attachment: Resolution - General Plan Amendment - Tentative Parcel Map - Plot Plan [Revision 1] (6209 : Moreno Valley Trade Center/Park) 6 EXHIBIT A

CONDITIONS OF APPROVAL
[To be attached]
F.2.d
Packet Pg. 517 Attachment: Resolution - General Plan Amendment - Tentative Parcel Map - Plot Plan [Revision 1] (6209 : Moreno Valley Trade Center/Park)

CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN19-0234)
Plot Plan (PEN19-0193)

1 of 33

CITY OF MORENO VALLEY

CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN19-0234)
Plot Plan (PEN19-0193)

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. Applicant/Developer shall defend, indemnify and hold harmless City, city council, commissions, boards, subcommittees and 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 agreements by and among City and Developer including without limitation any Development Agreement, (ii) any and all permits, licenses and entitlements approved by City; (iii) any environmental determination made by City in connection with the Project Site or Project; and (iv) any proceedings or other actions undertaken by City in connection with the adoption or approval of any of the above.

6. The site shall be developed in accordance with the approved plans on file in the Community Development Department - Planning Division, the Municipal Code regulations, General Plan, and the conditions contained herein. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Official. ( MC 9.14.020)

7. Any signs indicated on the submitted plans are not included with this approval. Any signs, whether permanent (e.g. wall, monument) or temporary (e.g. banner, flag), require separate application and approval by the Planning Division. No signs are permitted in the public right of way. (MC 9.12)
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8. All site plans, grading plans, landscape and irrigation plans, fence/wall plans, lighting plans and street improvement plans shall be coordinated for consistency with this approval.

Special Conditions of Approval Offered by the Project Applicant/Developer The Project Applicant/Developer offered to provide the benefits set forth below, as enforceable special conditions of approval. As such, none of the following special conditions of approval shall be considered Mitigation Measures under CEQA.

9. Heavy Duty Electric Truck Grant Program - $125,000
Prior to the issuance of the first building permit for the Project, the Developer shall establish a trust account or escrow account in which Developer shall deposit $125,000 for the purpose of providing grants to private third parties for the purchase of at least five Class 8 Heavy Duty Electric Trucks. The Program shall prioritize grant applicants who will use their Heavy Duty Electric Trucks in the City of Moreno Valley and along the Highway 60 corridor, and shall give special priority for drayage trucks that will be used in the City of Moreno Valley and along the Highway 60 corridor. The grants shall be awarded prior to the issuance of the first Certificate of Occupancy for the Project.

The award of the Heavy Duty Electric Truck Grants shall include the following two conditions:
(1) a prohibition on the resale of the Heavy Duty Electric Truck to an entity that will operate trucks outside of California; and (2) 85% of the mileage must occur in the SCAQMD region, which shall be enforced using a geo -fencing electronic system on each Heavy Duty Electric Truck that has been funded by the Program. (2) The Developer shall be responsible for establishing, funding and administering the Heavy Duty Electric Truck Grant Program, and provide a hyperlink to the Program that the City that may post on the City’s official website for interested parties to access information about the Program.

10. Medium Duty Electric Truck Grant Program - $27,000
Prior to the issuance of the first building permit for the Project, the Developer shall establish a trust account or escrow account in which Developer shall deposit. $27,000 for the purpose of providing grants to private third parties for the purchase of at least two Class 6 and/or Class 7 Medium Duty Electric Trucks. The Program shall prioritize grant applicants who will use their Medium Electric Trucks in the City of Moreno Valley and along the Highway 60 corridor. Only if there is no demand for Class 6 and Class 7 Medium Duty Electric Trucks, shall the grants be provided for the purchase of Class 4 and Class 5 Medium Duty Electric Trucks, with priority given to Class 5 over Class 4 Medium Duty Electric Trucks.

The grants shall be awarded prior to the issuance of the first Certificate of Occupancy for the Project.

The award of the Medium Duty Electric Truck Grants shall include the following two conditions:
(1) a prohibition on the resale of the Medium Duty Electric Truck to an entity that will operate trucks outside of California; and
(2) 85% of the mileage must occur in the SCAQMD region, which shall be enforced using a geo -fencing electronic system on each Medium Duty Electric Truck that has been funded by the Program.

The Developer shall be responsible for establishing, funding and administering the Medium Duty Electric Truck Grant Program, and provide a hyperlink to the Program that the City that may post on the City’s official website for interested parties to access information about the Program.

11. Local Delivery Electric Vehicle Program - $27,000
Prior to the issuance of the first building permit for the Project, the Developer shall establish a F.2.d
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trust account or escrow account in which Developer shall deposit $27,000 for the purpose of providing grants to private third parties for the purchase of at least three Local Delivery Electric Vehicles (generally referred to as Class 1, 2, and 3 trucks) for use for deliveries within the City of Moreno Valley and the immediate vicinity.

The Program shall prioritize grant applicants who occupy buildings situated within the Project Site that are located the closest to any developed residential areas and intend to use the grant proceeds to purchase the highest class of Class 1, 2, and 3 trucks for which there is demand.

The grants shall be awarded prior to the issuance of the first Certificate of Occupancy for the Project.

The award of the Local Delivery Electric Truck Grants shall include a condition that requires that 50% of the mileage must occur in Moreno Valley and the Highway 60 corridor, which shall be enforced using a geo-fencing electronic system on each Local Delivery Electric Vehicle that has been funded by the Program.

The Developer shall be responsible for establishing, funding and administering the Local Delivery Electric Vehicle Grant Program, and provide a hyperlink to the Program that the City that may post on the City’s official website for interested parties to access information about the Program.

12. Electric Passenger Vehicle Grant Program - $25,000
Prior to the issuance of the first building permit for the Project, the Developer shall establish a trust account or escrow account in which Developer shall deposit $25,000 for the purpose of providing 25 $1,000 grants to Moreno Valley residents for the purchase of electric passenger vehicles.

The Program shall prioritize grant applicants who occupy households earning not more than 150% of the Area Median Income, as calculated by the U.S. Department of Housing and Urban Development.

The Developer shall be responsible for establishing, funding and administering the Electric Passenger Vehicle Grant Program, and provide a hyperlink to the Program that the City that may post on the City’s official website for interested parties to access information about the Program.

13. Electric Vehicle Advocacy Fund - $5,000
Prior to the issuance of the first building permit for the Project, the Developer shall establish a trust account or escrow account in which Developer shall deposit $ 5,000 for the purpose of contributing the proceeds to a bona fide California non -profit organization, in good standing, that focuses on informing and educating members of the general public about the environmental benefits of electric vehicles and /or provides outreach, education, and training on the maintenance of zero -emissions vehicles.

Non-profit organizations, including without limitation to labor and /or environmental organizations, that are located in the City of Moreno Valley or which provide services to Moreno Valley residents shall be prioritized.

The Developer shall be responsible for establishing, funding and administering the Electric Vehicle Advocacy Fund to ensure that the grant funds are properly used, and provide a hyperlink to information regarding the availability of the funds that the City that may post on the City’s official website for interested parties to access information about the Fund.

14. Solar Advocacy Fund - $5,000
Prior to the issuance of the first building permit for the Project, the Developer shall establish a trust account or escrow account in which Developer shall deposit $ 5,000 for the purpose of contributing the proceeds to a bona fide California non -profit organization, in good standing, that focuses on informing and educating members of the general public about the environmental benefits of solar -generated electricity and/or provides outreach, education, and F.2.d
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training on the installation and maintenance of solar panels and equipment.

Non-profit organizations, including without limitation to labor and /or environmental organizations, that are located in the City of Moreno Valley or which provide services to Moreno Valley residents shall be prioritized.

The Developer shall be responsible for establishing, funding and administering the Solar Advocacy Fund to ensure that the grant funds are properly used, and provide a hyperlink to information regarding the availability of the funds that the City that may post on the City’s official website for interested parties to access information about the Fund.

15. Residential Air Filtration Reimbursement Program - $40,000 Prior to the issuance of the first building permit for the Project, the Developer shall establish a trust account or escrow account in which Developer shall deposit $40,000 for the purpose of paying up to 90% of a Moreno Valley’s homeowner's cost of purchasing and installing nonportable air filtration systems including any necessitated HVAC modification, not exceeding $5,000 per home, as follows: (a) the homeowner’s home is an eligible home with the following address:
• 28572 Galino Court (APN: 478-400-041)
• 28602 Galino Court (APN: 478-400-016)
• 28608 Galino Court (APN: 478-400-017)
• 13020 Essen Lane (APN: 478-401-001)
• 13025 Gershwin Way (APN: 478-301-010)
• 13026 Gershwin Way (APN: 478-301-009)
• 13031 Mozart Way APN: 478-301-001)
• 28778 Strauss Lane (APN: 478-303-013)
• 28794 Strauss Lane (APN:478-303-012)
• 28810 Strauss Lane (APN: 478-303-011)
• 13031 Shubert Street (APN: 478-303-001); and
(b) the homeowner requests payment within five years of the commencement of grading or commencement of construction of the first warehouse building. In the event a homeowner has a household income less than 80% of the Area Median Income as determined by the Department of Housing and Urban Development, the Project Applicant shall pay 100% of the cost of the air filtration system, not exceeding $5,000 per home. The homeowner shall be permitted to select and contract with a contractor or installer of the homeowner’s choice.

The Developer shall mail notice of the Residential Air Filtration System Reimbursement Program via registered or certified mail to homeowners of record of the eligible homes prior to the issuance of the Project’s first grading or building permit and annually thereafter for four years. The notice shall identify the exact date when the five-year period starts and ends.

The Developer shall be responsible for establishing, funding and administering the Residential Air Filtration System Reimbursement Program to ensure that the reimbursement funds are properly used, and provide a hyperlink to information regarding the availability of the funds that the City that may post on the City’s official website for interested parties to access information about the Fund.

16. Residential Noise Insulation Reimbursement Program - $64,000 Prior to the issuance of the first building permit for the Project, the Developer shall establish a trust account or escrow account in which Developer shall deposit $64,000 for the purpose of paying up to 90% of a Moreno Valley’s homeowner's cost of purchasing and installing noise F.2.d
Packet Pg. 521 Attachment: Resolution - General Plan Amendment - Tentative Parcel Map - Plot Plan [Revision 1] (6209 : Moreno Valley Trade Center/Park)

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insulation measures, not exceeding $8,000 per home, as follows:
a. the homeowner’s home is an eligible home with the following address:
• 28572 Galino Court (APN: 478-400-041)
• 28602 Galino Court (APN: 478-400-016)
• 28608 Galino Court (APN: 478-400-017)
• 13020 Essen Lane (APN: 478-401-001)
• 13025 Gershwin Way (APN: 478-301-010)
• 13026 Gershwin Way (APN: 478-301-009)
• 13031 Mozart Way APN: 478-301-001)
• 28778 Strauss Lane (APN: 478-303-013)
• 28794 Strauss Lane (APN:478-303-012)
• 28810 Strauss Lane (APN: 478-303-011)
• 13031 Shubert Street (APN: 478-303-001), and
b. the homeowner requests payment within five years of the commencement of grading or commencement of construction of the first warehouse building. In the event a homeowner has a household income less than 80% of the Area Median Income as determined by the Department of Housing and Urban Development, the Project Applicant shall pay 100% of the cost of the noise insulation, not exceeding $10,000 per home. The homeowner shall be permitted to select and contract with a contractor or installer of the homeowner’s choice.

The Developer shall mail notice of the Residential Noise Insulation Reimbursement Program via registered or certified mail to homeowners of record of the eligible homes prior to the issuance of the Project’s first grading or building permit and annually thereafter for four years.

The notice shall identify the exact date when the five-year period starts and ends.

The Developer shall be responsible for establishing, funding and administering the Residential Noise Insulation Reimbursement Program to ensure that the reimbursement funds are properly used, and provide a hyperlink to information regarding the availability of the funds that the City that may post on the City ’s official website for interested parties to access information about the Fund.

17. Residential Exterior Pressure Washing Reimbursement Program - $4,000 Prior to the issuance of the first building permit for the Project, the Developer shall establish a trust account or escrow account in which Developer shall deposit $ 4,000 for the purpose of reimbursing each homeowner for exterior pressure washings of the first two rows of homes on the south side of Encelia Avenue up to $ 500 per house during any on-site or off-site grading activities, not exceeding a total sum of $4,000.

The Developer shall be responsible for establishing, funding and administering the Residential Exterior Pressure Washing Reimbursement Program to ensure that the reimbursement funds are properly used, and provide a hyperlink to information regarding the availability of the funds that the City that may post on the City ’s official website for interested parties to access information about the Fund.

18. Onsite EV Chargers and APU Plug-Ins
Prior to the issuance of the first Certificate of Occupancy for the Project, the Developer at its own cost shall install at a minimum, 12 onsite EV charging stations. In addition, prior to the issuance of the first Certificate of Occupancy for the Project, the Developer shall install at its own cost at least one APU plug -in for every 35 dock doors at multiple locations within the Project Site where trucks park, with signage that identifies in English and Spanish where such APU plug-ins are located. Signage at each EV parking space shall also state that the EV parking space is for EVs only and improperly parked vehicles shall be towed.

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19. LEED Silver Certification Standards
The Developer shall design the Project’s main building’s shell and core to meet the Leadership in Energy and Environmental Design (LEED)-equivalent “Silver” Certification standards. If the Developer advertises any building within the Project Site as having LEED Silver Certification, it shall apply for and obtain such certification prior to distributing or publishing any such advertisement. If LEED Silver Certification is granted, notice shall be provided to the City and any interested parties submitting a written request for proof of LEED Silver Certification.

20. Electrical Appliances
Only electric appliances shall be used in building office areas (e.g., electric stoves).

21. Diesel Powered Generators
The use of portable or stationary diesel powered generators shall be prohibited unless necessary due to emergency situations or constrained supply.

22. Construction Equipment
All construction equipment shall meet or be cleaner than Tier 4 standards, except if the general contractor overseeing the Project’s construction certifies that it is not feasible to use exclusively Tier 4 equipment due to limited availability. In all events, at least 80% of all construction equipment shall meet or be cleaner than Tier 4 standards throughout the construction phase of the Project.

In the event that any portable or stationary diesel-powered construction equipment becomes available with improved emission control devices that reduce particulate matter emissions, including fine particulate matter, and reduces NOx emissions at commercially reasonable prices, and in sufficient quantities to be reasonably available, then the Developer may cause the use of such construction equipment. Otherwise, no stationary or portable diesel-powered generators may be used, during construction, unless necessary due to emergency situations or constrained supply.

23. Lighting Program
The Developer shall establish a Lighting Program that incorporates the following: (a) implements measures that are intended to reduce light and glare to maximum extent practicable; (b) implements a lighting program in compliance with International Dark Sky Association standards, except where doing so would violate safety requirements or federal, state, county or City regulations; (c) requires all exterior lighting, including street lights, to be 2,700 Kelvin; (d) commands the installation of motion sensors on all interior lighting consistent with applicable Title 24 regulations; (e) mandates the installation of full cut-off luminaries on all buildings and poles situated within the Project Site; (f) orders the posting of signs on-site stating that truck head lights shall be turned off within five minutes of truck parking; (g) requires all construction lighting to be shielded and directed away from the Project’s property lines; and (h) limits the height of all outdoor freestanding and wall-mounted lights to no more than 20 feet within 180 feet of the centerline of any public streets, except where doing so would violate safety requirements or any federal, state, county or City regulations.

24. Landscaping Requirements
The Developer shall plant at least 599 trees at the Project Site, consistent with the following:
a. Screening: Along the perimeter edges of the Project Site facing the existing residential neighborhood, it shall be developed to screen future buildings with walls, and/or landscaping. For all buildings along the perimeter edges of the Project Site, all buildings and roof mounted equipment shall be substantially screened by walls and/or landscaping which remains in a state of maturity and non -deciduous at all times of the year. “Substantially screened” means that while there might be some view of the F.2.d
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buildings looking through the foliage, the buildings will be mostly obscured from view.
b. Large Trees: At least 50% of the trees planted along the perimeter edges of the Project Site which face the existing residential neighborhood shall be 24-inch box trees. c. Evergreen Trees: Evergreen trees, which include all species of decorative nondeciduous trees, shall constitute 95% of all 24-inch box trees planted along the perimeter edges of the Project Site which face the existing residential neighborhood.

The 24-inch box evergreen trees shall be concentrated towards the higher topographic elevations within the perimeter edges of the Project Site to maximize screening. d. Palm Trees: Palm trees may only be planted in accent areas only. e. Accent Elements: To the extent practicable, in order to create visual interest, site contours shall vary and accent elements, such as boulders, which shall be placed along the frontage of the perimeter edges of the Project Site facing the existing residential neighborhood.
f. Layered Effect: Along the perimeter edges of the Project Site facing the existing residential neighborhood, trees shall be planted at varied depths from the Project Site’s property line so that instead of creating a uniform and linear appearance, the planted trees create a layering effect as viewed from adjacent streets so as to maximize screening of buildings.
g. Maintenance: Trees shall be maintained in their natural form and shape with minimal pruning and all dead trees shall be promptly removed and replaced with similar type and size trees.
h. Parking Area Trees: Trees planted in the Project Site’s parking areas shall be capable of achieving 50% shading within ten years of planting.
i. Invasive Non-Native Vegetation: Invasive non-native vegetation, such as certain grasses, shrubs, and sub-shrubs shall be removed from the Project Site as part of the Project’s regular landscaping services.
j. Entire Site. Evergreen trees, which include all species of decorative non-deciduous trees, shall constitute 50% of all trees planted within the Project Site.

25. Trucks:
a. Drive Aisle Walls: All portions of truck circulation drive aisles that are visible from any existing home within 1,000 feet of the perimeter edges of the Project Site shall be shielded by walls at least 14 feet high, upon approval of the City to ensure no traffic safety issues are created. In no case, however, shall any such walls be lower than 12 feet high.
b. Turning Measures: The Developer shall design and install on -site physical improvements, including but not limited to curbs, street humps, street bumps or textured pavement, approved by the City, that discourage truck operators from turning their trucks in the wrong direction when entering or leaving the Project Site. c. Directional Signage: The Developer shall install on-site signage clearly stating which directions trucks must turn at all streets exiting the Project Site.

26. Construction Activities:
a. No nighttime grading or outside construction between 6:00 p.m. and 7:00 a.m. shall be conducted within 1,000 feet of any existing home across the street along the perimeter edge of the Project Site, except if necessary for concrete pours. b. The Developer shall provide notice to residents within 100 feet of any portion of the perimeter edge of the Project Site, at least one week prior to construction between 6:00 p.m. and 7:00 a.m.
c. Construction trucks shall be prohibited from using Encelia Street., other than for F.2.d
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infrastructure construction or necessary detours.
d. Lunch vendor services shall be provided on-site during the construction phase of the construction phase of the Project.

27. Parking:
a. The Project shall include preferential parking for carpools and vanpools equal to 5% of the total number of on-site parking spaces.
b. The Project shall include designated parking spaces for motorcycles. c. The Project shall provide sufficient on-site truck parking within the on-site parking areas to enable all trucks reasonably expected to visit the Project to park on-site (as determined by a qualified transportation engineer).

28. Rooftops:

Warehouse roof areas not covered by solar panels shall be constructed with materials with an initial installation Solar Reflective Index Value of not less than 39.

29. Trash Removal:

Trash removal within and along all perimeter edges of the Project Site shall occur at least weekly or within three business day of receipt of notification to any occupant of the Project or the Project’s management or community ombudsman.

30. Developer agrees to augment the sign prohibiting truck traffic southbound on Redlands (said sign currently located at the NW corner of Eucalyptus and Redlands) to a larger size and more prominent design, subject to review and approval by City staff.

31. To reduce noise associated with the use of backup alarms, either ambient-sensitive selfadjusting backup alarms or manually adjustable alarms shall be used on all equipment in use on the project site that requires a backup alarm. Ambient-sensitive self-adjusting backup alarms shall be equipped to increase or decrease their volume based on background noise levels by self-adjusting to produce a tone that is readily noticeable over ambient noise levels, which is typically a minimum of 5 decibels above the ambient noise, but not so loud as to be a constant annoyance to neighbors. Close attention shall be given to the alarm’s mounting location on the machine in order to minimize engine noise interference, which can be sensed by the alarm as the ambient noise level. An alarm mounted directly behind a machine radiator shall be equipped to sense the cooling fan’s noise and adjust accordingly. If ambient backup alarms are utilized, a log shall be maintained that describes the type and timing of maintenance of each piece of equipment that is essential to the effective operation of the ambient backup alarm system. If manually-adjustable alarms are used, which eliminates the machine mounting location problem of the ambient-sensitive self-adjustable backup alarms, each such alarm shall be set at the beginning of each day and night shift. If manual backup alarms are utilized, a log shall be maintained that describes the type and timing of maintenance of each piece of equipment that is essential to the effective operation of the manual backup alarm system. Alternatively, backup movements can be supervised with a guide and flagging system if permitted under applicable OSHA regulations. If a flagging system is used, a log shall be maintained that describes the type of equipment used, if any, and the name of each flag person. All Logs shall be retained for a minimum of 12-months and be readily available to the City of Moreno Valley for inspection purposes during normal business hours.

32. The Developer shall make a $500,000 cash contribution to the Moreno Valley Community Foundation before a final Certificate of Occupancy is issued for any building or structure on the Project Site.

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Special Conditions

33. The site has been approved for the construction of an approximate 1,263,271 square foot light industrial building with 214 dock doors with associated site and public improvements.

A change or modification shall require separate approval.

34. Prior to grading plan approval, Basin fencing shall include wrought iron fencing with pilasters

35. This approval shall comply with all applicable requirements of the City of Moreno Valley Municipal Code.

36. The site shall be developed in accordance with the approved tentative parcel map on file in the Community Development Department -Planning Division, the Municipal Code regulations, General Plan, and the conditions contained herein. ( MC 9.14.020)

37. A drought tolerant landscape palette shall be utilized throughout the project in compliance with the City’s Landscape Requirements. (9.17)

38. Prior to recordation of the final map, final median enhancement /landscape/irrigation plans shall be submitted to and approved by the Planning Division, and Public Works Department - Special Districts Division for review and approval by each division. (GP - Circulation Master Plan)

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

If human remains are discovered during grading and other construction excavation, no further disturbance shall occur until the County Coroner has made necessary findings as to origin. If the County Coroner determines that the remains are potentially Native American, the California Native American Heritage Commission shall be notified within 5-days of the published finding to be given a reasonable opportunity to identify the “most likely descendant.” The “most likely descendant” shall then make recommendations, and engage in consultations concerning the treatment of the remains (California Public Resources Code 5097.98). (GP Objective 23.3, CEQA).

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

41. Prior to issuance of building permit issuance, landscape plans (trees, shrubs and groundcover) for basins maintained by an HOA or other private entity shall be submitted to and approved by the Planning Division for the sides and /or slopes. A hydroseed mix w/irrigation is acceptable for the bottom of all the basin areas. All detention basins shall include trees, shrubs and groundcover up to the concreted portion of the basin. A solid decorative (e.g. split face, color variation, pattern variation, or as approved by the Planning Official) wall with pilasters, tubular steel fence with pilasters or other fence or wall approved by the Planning Official is required to F.2.d
Packet Pg. 526 Attachment: Resolution - General Plan Amendment - Tentative Parcel Map - Plot Plan [Revision 1] (6209 : Moreno Valley Trade Center/Park)

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secure all water quality and detention basins more than 18 inches in depth.

42. This tentative map shall expire three years after the approval date of this tentative map unless extended as provided by the City of Moreno Valley Municipal Code; otherwise it shall become null and void and of no effect whatsoever in the event the applicant or any successor in interest fails to properly file a final map before the date of expiration. (MC 9.02.230, 9.14.050, 080)

43. Prior to the issuance of grading permits, mitigation measures contained in the Mitigation Monitoring Program approved with this project shall be implemented as provided therein.

44. Prior to any site disturbance and/or grading plan submittal, and or final map recordation, a mitigation monitoring fee, as provided by City ordinance, shall be paid by the applicant/owner.

No City permit or approval shall be issued until such fee is paid. (CEQA)

45. Prior to issuance of a building permit, the developer/property owner or developer's successorin-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.)

46. Prior to approval of any grading plan, local and master-planned multi-use trail easements shall be shown on the rough and precise grading plans in accordance with the City's Master Trail Plan.

47. Prior to final map recordation, or building permit issuance, subdivision phasing (including any proposed common open space or improvement phasing, if applicable), shall be subject to a separate Phasing Plan submittal for Planning Division approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase as determined by the City Transportation Engineer or designee and shall substantially conform to all intent and purpose of the subdivision approval. (MC 9.14.080)

48. Prior to the issuance of any grading permits and prior to any physical disturbance of any natural drainage course, or any wetland determined to contain riparian vegetation, the applicant shall obtain a stream bed alteration agreement or permit, or a written waiver of the requirement for such an agreement or permit, from both the California Department of Fish and Game and the U.S. Army Corps of Engineers. Written verification of such a permit or waiver shall be provided to both the Planning Division and the Public Works Department - Land Development Division. (CEQA, State and Federal codes)

49. Prior to final map recordation any required trail easements shall be provided.

50. Prior to approval of a grading plan, a detailed trail plan shall be submitted to and approved by the Planning Division. The plan shall indicate widths, maximum slopes, physical conditions, fencing, walls, and/or amenities in accordance with City standards.

51. Prior to approval of any grading permit, a tree plan shall be submitted to and approved by the Planning Division. The plan shall identify all mature trees (4 inch trunk diameter or larger) on the subject property and City right -of-way. Using the grading plan as a base, the plan shall indicate trees to be relocated, retained, and removed. Replacement trees shall be shown on the plan, be a minimum size of 24 inch box, and meet a ratio of three replacement trees for each mature tree removed or as approved by the Planning Official. (GP Objective 4.4, 4.5, DG)
Prior to Building Permit
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52. Prior to issuance of any grading permit, all Conditions of Approval, and Mitigation Measures shall be printed on the building plans.

53. Prior to the issuance of building permits, the developer shall provide documentation that contact was made to the U.S. Postal Service to determine the appropriate type and location of mailboxes.

54. Prior to the issuance of building permits, proposed covered trash enclosures shall be included in the Planning review of the Fence and Wall plan or separate Planning submittal. The trash enclosure(s), including the roof materials, shall be compatible with the architecture, color and materials of the building (s) design. Trash enclosure areas shall include landscaping on three sides. Approved design plans shall be included in a Building submittal (Fence and Wall or building design plans). (GP Objective 43.6, DG)

55. Prior to issuance of any building permits, final landscaping and irrigation plans shall be submitted for review and approved by the Planning Division. After the third plan check review for landscape plans, an additional plan check fee shall apply. The plans shall be prepared in accordance with the City's Landscape Requirements and shall include:
a. A three (3) foot high decorative wall, solid hedge or berm shall be placed in any setback areas between a public right of way and a parking lot for screening. b. Finger and end planters with required step outs and curbing shall be provided every 12 parking stalls as well as at the terminus of each aisle. c. Diamond planters shall be provided every 3 parking stalls. d. Drought tolerant landscape shall be used. Sod shall be limited to gathering areas. e. Street trees shall be provided every 40 feet on center in the right of way. f. On-site trees shall be planted at an equivalent of one (1) tree per thirty (30) linear feet of the perimeter of a parking lot and per thirty linear feet of a building dimension for the portions of the building visible from a parking lot or right of way. Trees may be massed for pleasing aesthetic effects.
g. Enhanced landscaping shall be provided at all driveway entries and street corner locations The review of all utility boxes, transformers etc. shall be coordinated to provide adequate screening from public view.
h. Landscaping on three sides of any trash enclosure.
i. All site perimeter and parking lot landscape and irrigation shall be installed prior to the release of certificate of any occupancy permits for the site or pad in question.

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

57. Prior to issuance of a building permit, the developer/property owner or developer's successorin-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)

58. Prior to issuance of building permits, for projects that will be phased, a phasing plan shall be submitted to and approved by the Planning Division if occupancy is proposed to be phased.

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59. Prior to or at building plan check submittal, the elevation plans shall include decorative lighting sconces on all sides of the buildings of the complex facing a parking lot, courtyard or plaza, or public right of way or open space to provide up-lighting and shadowing on the structures.

Include drawings of the sconce details for each building within the elevation plans, approved by the Planning Division prior to building permit issuance.

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

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

62. Prior to issuance of building permits, proposed covered trash enclosure (s) shall be included in the Planning review of the Fence and Wall plans. The trash enclosure (s), including the roof materials, shall be compatible with the architecture, color and materials of the building(s) design. Trash enclosure areas shall include landscaping on three sides unless located within the truck loading area. Approved design plans shall be included in a Building submittal (Fence and walls or building design plans). (GP Objective 43.6, DG)

63. At least thirty days prior to issuance of any grading permit, the developer shall retain a qualified archaeologist, provide a letter identifying the name and qualifications of the archaeologist to the Planning Division for approval, to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources and to evaluate and recommend appropriate actions for any archaeological deposits exposed by construction activity.

At least thirty days prior to issuance of a grading permit, the applicant shall provide evidence that contact has been established with the appropriate Native American Tribe(s), providing notification of grading, excavation and the proposed monitoring program and to coordinate with the City and Tribe(s) to develop a cultural resources treatment and monitoring agreement.

The agreement shall address treatment of known cultural resources, the designation, responsibilities and participation of Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site.

A report documenting the proposed methodology for grading monitoring shall be submitted to and approved by the Planning Division prior to issuance of any grading permit. The monitoring archaeologist shall be empowered to stop and redirect grading in the vicinity of an exposed archaeological deposit until that deposit can be fully evaluated. The archaeologist shall consult with affected Tribe (s) to evaluate any archaeological resources discovered on the project site.

Tribal monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have authority to stop and redirect grading activities in consultation with the project archaeologist.

The property owner shall relinquish ownership to the Tribe (s) of all Native American cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project site for proper treatment and disposition. All sacred sites, should they be encountered with the project site, shall be avoided and preserved as the preferred mitigation.

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If any inadvertent discoveries of subsurface archaeological or cultural resources occur during grading, the applicant, project archaeologist, and Tribe (s) shall assess the significance of such resources and shall meet and confer regarding mitigation of such resources. Avoidance is the preferred method of preservation of archaeological resources. If the applicant, project archaeologist and Tribe (s) cannot agree on the significance or mitigation for such resources, the issue (s) will be presented to the Planning Official with adequate documentation. The Official shall make a determination based on the provisions of CEQA and consideration of the religious beliefs, customs and practices of the Tribe(s).

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

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

66. Prior to approval of any grading permits, final median enhancement/landscape/irrigation plans shall be submitted to the Planning Division and Public Works Department - Special Districts for review and approval by each division. (GP - Circulation Master Plan) Timing of installation shall be determined by PW-Special Districts.

67. Prior to approval of any grading plan, local and master-planned multi-use trail easements shall be shown on the rough and precise grading plans in accordance with the City's Master Trail Plan.

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

69. Prior to the issuance of any grading permits and prior to any physical disturbance of any natural drainage course, for any area determined to contain riparian vegetation, the applicant shall obtain a stream bed alteration agreement or permit, or a written waiver of the requirement for such an agreement or permit, from both the California Department of Fish and Wildlife and the U.S. Army Corps of Engineers. Written verification of such a permit or waiver shall be provided to the Planning Division and the Public Works Department - Land Development Division. (CEQA, State and Federal codes)

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

71. 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.

72. Prior to approval of any grading permits, the applicant shall have a qualified hazardous materials specialist examine the site to determine if there are any toxic or hazardous materials on-site which might pose a threat to human health. The examination shall include soil tests if deemed F.2.d
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necessary by the consultant. A copy of the report, including recommended remediation or other clean -up measures, shall be provided to the Planning Division and the Public Works Department - Land Development Division by the consultant prior to any grading permits being issued. (Ord,)

73. Prior to approval of any grading permits, plans for any security gate system shall be submitted to and approved by to the Planning Division.

74. Prior to the issuance of grading permits, the site plan and grading plans shall show decorative hardscape (e.g. colored concrete, stamped concrete, pavers or as approved by the Planning Official) consistent and compatible with the design, color and materials of the proposed development for all driveway ingress /egress locations of the project. [apply to commercial and multi-family project, and major entry driveways for industrial]

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

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

76. Prior to issuance of grading permits, the location of the trash enclosure shall be included on the plans.

77. Prior to approval of any grading permit, the tree plan shall be submitted to and approved by the Planning Division. The plan shall identify all mature trees (4 inch trunk diameter or larger) on the subject property and City right -of-way. Using the grading plan as a base, the plan shall indicate trees to be relocated, retained, and removed. Replacement trees shall be shown on the plan, be a minimum size of 24 inch box, and meet a ratio of three replacement trees for each mature tree removed or as approved by the Planning Official. (GP Objective 4.4, 4.5, DG)
Prior to Building Final or Occupancy

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

9.17).

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

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

81. Prior to building final or Certificate of Occupancy, the owner or owner ’s representative shall provide documentation to the Planning Division that they have contacted the Moreno Valley Police Department to establish and maintain a relationship with the City of Moreno Valley Police Department and cooperate with the Problem Oriented Policing (POP) program, or its successors. [multi-family, night clubs, liquor stores]
Building Division

82. The proposed non-residential project shall comply with the latest Federal Law, Americans with F.2.d
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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.

83. Contact the Building Safety Division for permit application submittal requirements.

84. All new buildings 10,000 square feet and over, shall include building commissioning in the design and construction processes of the building project to verify that the building systems and components meet the owner’s or owner representative’s project requirements (OPR). All requirements in The California Green Building Standards Code, sections 5.410.2 -

5.410.2.6 must be met.

85. 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.

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

87. 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.

88. The proposed project will be subject to approval by the Eastern Municipal Water District and all applicable fees and charges shall be paid prior to permit issuance. Contact the water district at 951.928.3777 for specific details.

89. 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.

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

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

92. 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)

ECONOMIC DEVELOPMENT DEPARTMENT (EDD)

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

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

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

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

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

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

FIRE DEPARTMENT
Fire Prevention Bureau

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

99. 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) 100. 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)
101. Prior to issuance of Building Permits, the applicant/developer shall provide the Fire Prevention Bureau with an approved site plan for Fire Lanes and signage. (CFC 501.3) 102. 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)
103. Prior to issuance of Certificate of Occupancy or Building Final, all commercial buildings shall display street numbers in a prominent location on the street side and rear access locations.

The numerals shall be a minimum of twelve inches in height. (CFC 505.1, MVMC 8.36.060[I]) 104. 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.

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105. The Fire Code Official is authorized to enforce the fire safety during construction requirements of Chapter 33. (CFC Chapter 33 & CBC Chapter 33)
106. 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])
107. Prior to issuance of Certificate of Occupancy or Building Final, the applicant/developer shall install a fire sprinkler system based on square footage and type of construction, occupancy or use. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Chapter 9, MVMC 8.36.100[D])
108. 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)
109. 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) 110. Plans for private water mains supplying fire sprinkler systems and /or private fire hydrants shall be submitted to the Fire Prevention Bureau for approval. (CFC 105 and CFC 3312.1) 111. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix B and Table B 105.1. The applicant/developer shall provide documentation to show there exists a water system capable of delivering said waterflow for 2 hour(s) duration at 20-PSI residual operating pressure. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. Specific requirements for the project will be determined at time of submittal. (CFC 507.3, Appendix B)
112. Prior to issuance of Building Permits, the applicant/developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for review. Plans shall: a. Be signed by a registered civil engineer or a certified fire protection engineer; b. Contain a Fire Prevention Bureau approval signature block; and c. Conform to hydrant type, location, spacing of new and existing hydrants and minimum fire flow required as determined by the Fire Prevention Bureau.

The required water system, including fire hydrants, shall be installed, made serviceable, and be accepted by the Moreno Valley Fire Department prior to beginning construction. They shall be maintained accessible.

FINANCIAL & MANAGEMENT SERVICES DEPARTMENT
Moreno Valley Utility
113. This project requires the installation of electric distribution facilities. A non-exclusive easement shall be provided to Moreno Valley Utility and shall include the rights of ingress and egress for F.2.d
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the purpose of operation, maintenance, facility repair, and meter reading. 114. This project requires the installation of electric distribution facilities. The developer shall submit a detailed engineering plan showing design, location and schematics for the utility system to be approved by the City Engineer. In accordance with Government Code Section 66462, the Developer shall execute an agreement with the City providing for the installation, construction, improvement and dedication of the utility system following recordation of final map and/or concurrent with trenching operations and other improvements so long as said agreement incorporates the approved engineering plan and provides financial security to guarantee completion and dedication of the utility system.

The Developer shall coordinate and receive approval from the City Engineer to install, construct, improve, and dedicate to the City all utility infrastructure including but not limited to, conduit, equipment, vaults, ducts, wires (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 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.
115. 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.
116. This project is subject to a Reimbursement Agreement. The Developer is responsible for a proportionate share of costs associated with electrical distribution infrastructure previously installed that directly benefits the project.

PUBLIC WORKS DEPARTMENT
Land Development
117. 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.

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118. 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]
119. 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. 120. 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. 121. 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.
122. In the event right-of-way or offsite easements are required to construct offsite improvements necessary for the orderly development of the surrounding area to meet the public health and safety needs, the developer shall make a good faith effort to acquire the needed right-of-way in accordance with the Land Development Division’s administrative policy. If unsuccessful, the Developer shall enter into an agreement with the City to acquire the necessary right-of-way or offsite easements and complete the improvements at such time the City acquires the right -ofway or offsite easements which will permit the improvements to be made. The developer shall be responsible for all costs associated with the right -of-way or easement acquisition. [GC 66462.5]
123. 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)]
124. The developer shall protect downstream properties from damage caused by alteration of drainage patterns (i.e. concentration or diversion of flow, etc.). Protection shall be provided by constructing adequate drainage facilities, including, but not limited to, modifying existing facilities or by securing a drainage easement. [MC 9.14.110] F.2.d
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125. Public drainage easements, when required, shall be a minimum of 25 feet wide and shall be shown on the map and plan, and noted as follows: “Drainage Easement – no structures, obstructions, or encroachments by land fills are allowed.” In addition, the grade within the easement area shall not exceed a 3:1 (H:V) slope, unless approved by the City Engineer. 126. The maintenance responsibility of the proposed storm drain line shall be clearly identified.

Storm drain lines within private property will be privately maintained and those within public streets will be publicly maintained.
127. The proposed private storm drain system shall connect to the proposed 78" reinforced concrete pipe (RCP) in Redlands Boulevard. A storm drain manhole shall be placed at the right of way line to mark the beginning of the publicly maintained portion of this storm drain. 128. This project shall submit civil engineering design plans, reports and /or documents (prepared by a registered/licensed civil engineer) for review and approval by the City Engineer per the current submittal requirements, prior to the indicated threshold or as required by the City Engineer. The submittal consists of, but is not limited to, the following:
a. Parcel Map (recordation prior to building permit issuance); b. Rough grading with erosion control plan (prior to grading permit issuance); c. Precise grading with erosion control plan (prior to grading permit issuance); d. Street/storm drain with striping, RCFC & WCD storm drain, and sewer/water plans (prior to encroachment permit issuance);
e. Final drainage study (prior to grading plan approval); f. Final WQMP (prior to grading plan approval);
g. Easements, dedications, vacations, etc. (prior to building permit issuance); h. As-Built revision for all plans (prior to occupancy release). Prior to Grading Permit 129. 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)] 130. If the developer chooses to construct the project in phases, a Construction Phasing Plan for the construction of on-site public or private improvements shall be submitted for review and approved by the City Engineer.
131. Prior to the payment of the Development Impact Fee (DIF), the developer may enter into a DIF Improvement Credit Agreement to secure credit for the construction of applicable improvements. If the developer fails to complete this agreement prior to the timing specified above, credits may not be given. The developer shall pay current DIF fees adopted by the City Council. [Ord. 695 § 1.1 (part), 2005] [MC 3.38.030, 040, 050] 132. A digital (pdf) copy of all approved grading plans shall be submitted to the Land Development Division.
133. 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)]
134. 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] 135. The developer shall pay all applicable inspection fees.

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136. Prior to the payment of the Transportation Uniform Mitigation Fee (TUMF), the developer may enter into a TUMF Improvement Credit Agreement to secure credit for the construction of applicable improvements. If the developer fails to complete this agreement by the timing specified above, credits may not be given. The developer shall pay current TUMF fees adopted by the City Council. [Ord. 835 § 2.1, 2012] [MC 3.44.060] Prior to Map Approval
137. All proposed street names shall be submitted for review and approved by the City Engineer, if applicable. [MC 9.14.090(E.2.k)]
138. A copy of the Covenants, Conditions and Restrictions (CC&R's) shall be submitted for review and approved by the City Engineer. The CC&R's shall include, but not be limited to, access easements, reciprocal access, private and /or public utility easements as may be relevant to the project.
139. 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.
140. After recordation, a digital (pdf) copy of the recorded map shall be submitted to the Land Development Division.
141. Resolution of all drainage issues shall be as approved by the City Engineer. 142. Maps (prepared by a registered civil engineer and/or licensed surveyor) shall be submitted for review and approved by the City Engineer per the current submittal requirements. 143. The developer shall guarantee the completion of all related improvements required for this project by executing a Public Improvement Agreement (PIA) with the City and posting the required security. [MC 9.14.220]
144. All public improvement plans required for this project shall be approved by the City Engineer in order to execute the Public Improvement Agreement (PIA). 145. The developer shall comply with the requirements of the City Engineer based on recommendations of the Riverside County Flood Control District regarding the construction of County Master Plan Facilities.
146. All street dedications shall be free of all encumbrances, irrevocably offered to the public and shall continue in force until the City accepts or abandons such offers, unless otherwise approved by the City Engineer.

Prior to Improvement Plan Approval
147. The developer is required to bring any existing access ramps adjacent to and fronting the project to current ADA (Americans with Disabilities Act) requirements. However, when work is required in an intersection that involves or impacts existing access ramps, all access ramps in that intersection shall be retrofitted to comply with current ADA requirements, unless otherwise approved by the City Engineer.
148. The developer shall submit clearances from all applicable agencies, and pay all applicable F.2.d
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plan check fees.
149. The street improvement plans shall comply with current City policies, plans and applicable City standards (i.e. MVSI-160 series, etc.) throughout this project. 150. The design plan and profile shall be based upon a centerline, extending beyond the project boundaries a minimum distance of 300 feet at a grade and alignment approved by the City Engineer.
151. Drainage facilities (i.e. catch basins, etc.) with sump conditions shall be designed to convey the tributary 100-year storm flows. Secondary emergency escape shall also be provided. 152. The hydrology study shall be designed to accept and properly convey all off -site drainage flowing onto or through the site. In the event that the City Engineer permits the use of streets for drainage purposes, the provisions of current City standards shall apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, as in the case where one travel lane in each direction shall not be used for drainage conveyance for emergency vehicle access on streets classified as minor arterials and greater, the developer shall provide adequate facilities as approved by the City Engineer. [MC 9.14.110 A.2]
153. 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. 154. Any missing or deficient existing improvements along the project frontage shall be constructed or secured for construction. The City Engineer may require the ultimate structural section for pavement to half-street width plus 18 feet or provide core test results confirming that existing pavement section is per current City Standards; additional signing & striping to accommodate increased traffic imposed by the development, etc. 155. The plans shall indicate any restrictions on trench repair pavement cuts to reflect the City’s moratorium on disturbing newly-constructed pavement less than three (3) years old and recently slurry sealed streets less than one (1) year old. Pavement cuts may be allowed for emergency repairs or as specifically approved in writing by the City Engineer. Special requirements shall be imposed for repaving, limits to be determined by the City Engineer. 156. 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.

Prior to Encroachment Permit
157. A digital (pdf) copy of all approved improvement plans shall be submitted to the Land Development Division.
158. All applicable inspection fees shall be paid.
159. Any work performed within public right-of-way requires an encroachment permit.

Prior to Building Permit
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160. An engineered-fill certification, rough grade certification and compaction report shall be submitted for review and approved by the City Engineer. A digital (pdf) copy of the approved compaction report shall be submitted to the Land Development Division. All pads shall meet pad elevations per approved grading plans as noted by the setting of “blue-top” markers installed by a registered land surveyor or licensed civil engineer. 161. 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.
162. 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.
163. A walk through with a Land Development Inspector shall be scheduled to inspect existing improvements within public right of way along project frontage. Any missing, damaged or substandard improvements including ADA access ramps that do not meet current City standards shall be required to be installed, replaced and /or repaired. The applicant shall post security to cover the cost of the repairs and complete the repairs within the time allowed in the public improvement agreement used to secure the improvements. 164. Certification to the line, grade, flow test and system invert elevations for the water quality control BMPs shall be submitted for review and approved by the City Engineer (excluding models homes).

Prior to Occupancy
165. All outstanding fees shall be paid.
166. 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. 167. The final/precise grade certification shall be submitted for review and approved by the City Engineer.
168. For commercial, industrial and multi-family projects, in compliance with Proposition 218, the developer shall agree to approve the City of Moreno Valley NPDES Regulatory Rate Schedule that is in place at the time of certificate of occupancy issuance. Under the current permit for storm water activities required as part of the National Pollutant Discharge Elimination System (NPDES) as mandated by the Federal Clean Water Act, this project is subject to the following requirements:
a. Select one of the following options to meet the financial responsibility to provide storm water utilities services for the required continuous operation, maintenance, monitoring system evaluations and enhancements, remediation and/or replacement, all in accordance with Resolution No. 2002-46.
i. Participate in the mail ballot proceeding in compliance with Proposition 218, for the Common Interest, Commercial, Industrial and Quasi-Public Use NPDES Regulatory Rate Schedule and pay all associated costs with the ballot process; or
ii. Establish an endowment to cover future City costs as specified in the Common Interest, Commercial, Industrial and Quasi-Public Use NPDES Regulatory Rate Schedule.

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b. Notify the Special Districts Division of the intent to request building permits 90 days prior to their issuance and the financial option selected. The financial option selected shall be in place prior to the issuance of certificate of occupancy. [California Government Code & Municipal Code]
169. The developer shall complete all public improvements in conformance with current City standards, except as noted in the Special Conditions, including but not limited to the following:
a. Street improvements including, but not limited to: pavement, base, curb and/or gutter, cross gutters, spandrel, sidewalks, drive approaches, pedestrian ramps, street lights (MVU: SL-2), signing, striping, under sidewalk drains, landscaping and irrigation, medians, pavement tapers/transitions and traffic control devices as appropriate. b. Storm drain facilities including, but not limited to: storm drain pipe, storm drain laterals, open channels, catch basins and local depressions.
c. City-owned utilities.
d. Sewer and water systems including, but not limited to: sanitary sewer, potable water and recycled water.
e. Under grounding of all existing and proposed utilities adjacent to and on -site. [MC

9.14.130]
f. Relocation of overhead electrical utility lines including, but not limited to: electrical, cable and telephone.
170. For commercial, industrial and multi-family projects, a Stormwater Treatment Device and Control Measure Access and Maintenance Covenant, Maintenance Agreement for Water Quality Improvements located in the public right of way, and a Declaration of Restrictive Covenants (encroachment on City easement) shall be recorded to provide public notice of the maintenance requirements to be implemented per the approved final project-specific WQMP.

A boilerplate copy of the covenants and agreements can be obtained by contacting the Land Development Division.
171. 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.
172. 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.

Special Conditions
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173. Prior to issuance of a building permit, the developer shall make a lump sum, fair share, estimated reimbursement payment of $212,100 towards the Eucalyptus Avenue and Redlands Boulevard roundabout improvement, consistent with the terms of the Reimbursement Agreement (PEN18-0254), dated 01/12/22.
174. “Prior to occupancy, the Applicant shall install a 72" reinforced concrete pipe (RCP) storm drain to join the existing 72" RCP, located in Redlands Boulevard south of Eucalyptus Avenue. The Applicant shall also make the necessary installations that will cause the proposed 72" RCP to transition to a proposed 78" RCP at Redlands Boulevard north of Encelia Avenue to be installed by the Applicant, which will terminate near Dracaea Avenue, where it will join an existing 42" RCP. Final design and sizing shall be coordinated with the City and Riverside County Flood Control and Water Conservation District (RCFC & WCD) and shall be as approved by the City Engineer.”
175. Prior to occupancy, a sheet pile wall with guard rail shall be constructed along the project's westerly property line (the easterly limits of the Quincy Channel). 176. Prior to grading plan approval, the developer shall dedicate the following right of way to accommodate the required improvements:
a. The necessary street right of way dedication on the west side of Redlands Boulevard (110' R/W / 86' CC: 4-Lane Divided Arterial, City Standard No. MVSI-103A-0) along project frontage.
b. The necessary street right of way dedication on the south side of Eucalyptus Avenue (100' R/W / 76’ CC: Arterial, City Standard No. MVSI-104A-0) along project frontage. c. The necessary street right of way dedication on the north side of Encelia Avenue (88' R/W / 64' CC: Minor Arterial, City Standard No. MVSI-105A-1) along project frontage. d. A 4 foot minimum pedestrian right of way dedication behind any driveway approach per City Standard No. MVSl-112C-0 on Redlands Boulevard and Eucalyptus Avenue e. Corner cutback right of way dedication necessary to construct the roundabout intersection improvements on the southwest corner of Redlands Boulevard and Eucalyptus Avenue, as directed by the City Engineer.
f. Corner cutback right of way dedication per City Standard No. MVSl-165-0 on northwest corner of Redlands Boulevard and Encelia Avenue.
177. Prior to building permit issuance, the westerly 5’ of Redlands Boulevard right of way shall be vacated in order to achieve the 4-Lane Divided Arterial right of way half-width of 55’, as directed by the City Engineer.
178. Prior to occupancy, the following improvements shall be completed:

Redlands Boulevard (110' R/W / 86' CC: 4-Lane Divided Arterial, City Standard No. MVSI103A-0) shall be constructed to achieve a half-width of 43', full-width median, plus an additional 18' of pavement, along the entire project's east frontage. Improvements shall consist of, but not be limited to, pavement, base, curb, gutter, sidewalk, driveway approaches, drainage structures, any necessary offsite improvement transition/joins to existing, street lights, pedestrian ramps, and dry and wet utilities. Prior to improvement plan approval, the developer shall provide to the City Engineer the results of coring tests confirming that said existing pavement section has been constructed per City Standard No. MVSI-103A-0. Any missing or deficient improvements along the project's east frontage shall be constructed prior to issuance of a certificate of occupancy.
179. Prior to occupancy, the following improvements shall be completed:

Eucalyptus Avenue (100' R/W / 76’ CC: Arterial, City Standard No. MVSI-104A-0) shall be F.2.d
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constructed to achieve a half-width of 38' plus an additional 18' of pavement, along the entire project's north frontage. Improvements shall consist of, but not be limited to, pavement, base, curb, gutter, sidewalk, driveway approaches, drainage structures, any necessary offsite improvement transition/joins to existing, street lights, pedestrian ramps, and dry and wet utilities. Prior to improvement plan approval, the developer shall provide to the City Engineer the results of coring tests confirming that said existing pavement section has been constructed per City Standard No. MVSI-104A-0. Any missing or deficient improvements along the project's north frontage shall be constructed prior to issuance of a certificate of occupancy. 180. Prior to occupancy, the following improvements shall be completed:

Encelia Avenue (88' R/W / 64' CC: Minor Arterial, City Standard No. MVSI-105A-1) shall be constructed to achieve a half-width of 32' plus an additional 18' of pavement, along the entire project's south frontage. Improvements shall consist of, but not be limited to, pavement, base, curb, gutter, sidewalk, drainage structures, any necessary offsite improvement transition/joins to existing, street lights, pedestrian ramps, and dry and wet utilities. Prior to improvement plan approval, the developer shall provide to the City Engineer the results of coring tests confirming that said existing pavement section has been constructed per City Standard No. MVSI-105A-1.

Any missing or deficient improvements along the project's south frontage shall be constructed prior to issuance of a certificate of occupancy.
181. Prior to improvement plan approval, pavement core samples of existing pavement shall be taken and findings submitted to the City for review and consideration of pavement improvements. The City will determine the adequacy of the existing pavement structural section. If the existing pavement structural section is found to be adequate, the developer may still be required to perform a 2 inch grind and overlay or slurry seal, depending on the severity of existing pavement cracking, as required by the City Engineer. If the existing pavement section is found to be inadequate, the Developer shall replace the pavement to meet or exceed the City's pavement structural section standard. 182. Prior to improvement plan approval, the project applicant shall design the intersection of Redlands Boulevard and State Route 60 Westbound Ramps, including acquiring necessary right of way to accommodate the required improvements. Design requirements shall be per the Transportation Engineering Division’s Conditions of Approval. 183. Prior to occupancy, per the Transportation Engineering Division’s Conditions of Approval, all required improvements for the intersection of Redlands Boulevard and State Route 60 Westbound Ramps shall be constructed and fully operational per the approved plans and to the satisfaction of the City Engineer and Caltrans (as applicable).

Special Districts Division
184. NEW STREET LIGHT INSTALLATION FEES. Prior to the issuance of the first building permit for this project, the Developer shall pay New Street Light Installation Fees for all applicable Residential and Arterial Street Lights required for this development. Payment shall be made to the City of Moreno Valley and collected by the Land Development Division. Fees are based upon the Advanced Energy fee rate in place at the time of payment, as set forth in the current Listing of City Fees, Charges, and Rates adopted by City Council. The Developer shall provide a copy of the receipt to the Special Districts Division ([email protected]). Any change in the project which may increase the number of street lights to be installed will require payment of additional Advanced Energy fees at the then current fee. Questions may be directed to the Special Districts Division at 951.413.3480 or [email protected].

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185. This project is conditioned for a proposed district to provide a funding source for the operation and maintenance of public improvements and /or services associated with new development in that territory. The Developer shall satisfy this condition with one of the options outlined below.
a. Participate in a special election for maintenance/services and pay all associated costs of the election process and formation, if any. Financing may be structured through a Community Facilities District, Landscape and Lighting Maintenance District, or other financing structure as determined by the City; or
b. Establish an endowment fund to cover the future maintenance and /or service costs.

The Developer must notify the Special Districts Division at 951.413.3480 or at [email protected] when submitting the application for building permit issuance. If the first building permit is pulled prior to formation of the district, this condition will not apply. If the district has been or is in the process of being formed the Developer must inform the Special Districts Division of its selected financing option (a. or b. above). The option for participating in a special election requires 90 days to complete the special election process. This allows adequate time to be in compliance with the provisions of Article 13C of the California Constitution.

The financial option selected shall be in place prior to the issuance of the first certificate of occupancy for the project.
186. Commercial (BP) If Land Development, a Division of the Public Works Department, requires this project to supply a funding source necessary to provide for, but not limited to, stormwater utilities services for the continuous operation, remediation and/or replacement, monitoring, systems evaluations and enhancement of on -site facilities and performing annual inspections of the affected areas to ensure compliance with state mandated stormwater regulations, a funding source needs to be established. The Developer must notify the Special Districts Division at 951.413.3480 or at [email protected] of its selected financial option for the National Pollution Discharge Elimination System (NPDES) program when submitting the application for the first building permit issuance (see Land Development’s related condition).

Participating in a special election the process requires a 90 day period prior to the City’s issuance of a building permit. This allows adequate time to be in compliance with the provisions of Article 13D of the California Constitution. (California Health and Safety Code Sections 5473 through 5473.8 (Ord. 708 Section 3.1, 2006) & City of Moreno Valley Municipal Code Title 3, Section 3.50.050.)
187. For those areas to be maintained by the City and prior to the issuance of the first Building Permit, Planning Division (Community Development Department), Special Districts Division (the Public Works Department) and Transportation Division (the Public Works Department) shall review and approve the final median, traffic circle, parkway, slope, and/or open space landscape/irrigation plans as designated on the tentative map or in these Conditions of Approval prior to the issuance of the first Building Permit. 188. This project has been identified to be included in the formation of a Community Facilities District (Mello-Roos) for Public Safety services, including but not limited to Police, Fire Protection, Paramedic Services, Park Rangers, and Animal Control services. The property owner(s) shall not protest the formation; however, they retain the right to object to the rate and method of maximum special tax. In compliance with Proposition 218, the property owner shall agree to approve the mail ballot proceeding (special election) for either formation of the CFD or annexation into an existing district. The Developer must notify the Special Districts Division at 951.413.3480 or at [email protected] when submitting the application for building permit issuance to determine the requirement for participation. If the first building permit is pulled prior to formation of the district, this condition will not apply. If the condition applies, the F.2.d
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special election will require a minimum of 90 days prior to issuance of the first building permit.

This allows adequate time to be in compliance with the provisions of Article 13C of the California Constitution. (California Government Code Section 53313 et. seq.) 189. MAJOR INFRASTRUCTURE FINANCING DISTRICT. This project has been identified to potentially be included in the formation of a special financing district for the construction and maintenance of major infrastructure improvements which may include but are not limited to thoroughfares, bridges, and certain flood control improvements. The property owner(s) shall participate in such district and pay any special tax, assessment, or fee levied upon the project property for such district. At the time of the public hearing to consider formation of or annexation into the district, the qualified elector(s) will not protest the formation or annexation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property obtains from the improvements to be installed and /or maintained. The Developer must notify the Special Districts Division at 951.413.3480 or at [email protected] when submitting an application for the first building permit to determine whether the development will be subjected to this condition. If subject to the condition, the special election requires a minimum 90 day process in compliance with the provisions of Article 13C of the California Constitution. 190. This project is conditioned to provide a funding source for the following special financing program(s):
a. Street Lighting Services for capital improvements, energy charges, and maintenance. b. Landscape Maintenance Services for parkway, open space, median, and /or traffic circle landscaping.

The Developer’s responsibility is to provide a funding source for the capital improvements and the continued maintenance. The Developer shall satisfy this condition with one of the options below.
i. Participate in a special election (mail ballot proceeding) and pay all associated costs of the special election and formation, if any. Financing may be structured through a Community Services District zone, Community Facilities District, Landscape and Lighting Maintenance District, or other financing structure as determined by the City; or
ii. Establish a Property Owner’s Association (POA) or Home Owner’s Association (HOA) which will be responsible for any and all operation and maintenance costs
The Developer must notify the Special Districts Division at 951.413.3480 or at [email protected] of its selected financial option when submitting the application for building permit issuance. The option for participating in a special election requires approximately 90 days to complete the special election process. This allows adequate time to be in compliance with the provisions of Article 13C of the California Constitution.

The financial option selected shall be in place prior to the issuance of the first certificate of occupancy for the project.
191. The Developer, or the Developer’s successors or assignees shall be responsible for all parkway, median, and/or traffic circle landscape maintenance for a period of one (1) year commencing from the time all items of work have been completed to the satisfaction of Special Districts staff as per the City of Moreno Valley Public Works Department Landscape Design Guidelines, or until such time as the District accepts maintenance responsibilities. 192. Inspection fees for the monitoring of landscape installation associated with the City of Moreno Valley maintained parkways/medians/traffic circles are due prior to the required preF.2.d Packet Pg. 545 Attachment: Resolution - General Plan Amendment - Tentative Parcel Map - Plot Plan [Revision 1] (6209 : Moreno Valley Trade Center/Park)

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construction meeting. (MC 3.32.040)
193. Plans for parkway, median, traffic circle, slope, and/or open space landscape areas designated in the project's Conditions of Approval for incorporation into a City Coordinated landscape maintenance program, shall be prepared and submitted in accordance with the City of Moreno Valley Public Works Department Landscape Design Guidelines. The guidelines are available on the City's website at www.moval.org/sd or from the Special Districts Division (951.413.3480 or [email protected]).
194. The ongoing maintenance of any landscaping required to be installed behind the curb shall be the responsibility of the property owner.
195. Plan check fees for review of parkway/median/traffic circle landscape plans for improvements that shall be maintained by the City of Moreno Valley are due upon the first plan submittal. (MC 3.32.040)
196. PARKS MAINTENANCE FUNDING. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or fund an endowment) to provide an ongoing funding source for the continued maintenance, enhancement, and or retrofit of parks, open spaces, linear parks, and/or trails systems, and programs.

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

Alternatively, the condition can be satisfied by the Developer funding an endowment in an amount sufficient to yield an annual revenue stream that meets the annual obligation. The Developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to satisfy this condition.
197. Street Light Authorization forms for all street lights that are conditioned to be installed as part of this project must be submitted to the Special Districts Division for approval, prior to street light installation. The Street Light Authorization form can be obtained from the utility company providing electric service to the project, either Moreno Valley Utility or Southern California Edison. For questions, contact the Special Districts Division at 951.413.3480 or [email protected].
198. Parkway, open space, median, and or traffic circle landscaping specified in the project’s Conditions of Approval shall be constructed in compliance with the approved landscape plans and completed prior to the issuance of the first Certificate of Occupancy/Building Final for this F.2.d
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project.
199. Right of Way Water Quality BMP Maintenance. The ongoing maintenance of any water quality BMP (e.g. Bioswale) constructed in the public right of way shall be the responsibility of a property owner association or the property owner.
200. Mylars of the landscape and irrigation plans shall be submitted on hanging tab to Landscape Services.

Transportation Engineering Division
201. Driveways shall conform to City of Moreno Valley Standard Plan No. MVSI-112C-0 for Commercial Driveway Approaches. Access at the driveways shall be as follows:
• Redlands Boulevard northerly driveway: Full access for passenger vehicles only. No truck access.
• Redlands Boulevard southerly driveway (50-feet wide): Right-in, left-in, right-out access for passenger vehicles only. No truck access.
• Eucalyptus Avenue westerly driveway (50-feet wide): Full access for both passenger vehicles and trucks.
• Eucalyptus Avenue easterly driveway (50-feet wide): Right-in, right-out access for passenger vehicles only. Only right-out access for trucks.

NOTE: Truck directional signage per the approved signing and striping plan shall be installed.
202. All proposed on-site traffic signing and striping should be accordance with the latest California Manual on Uniform Traffic Control Devices (CAMUTCD).
203. Prior to issuance of an encroachment permit for work within the public right -of-way, construction traffic control plans prepared by a qualified, registered Civil or Traffic Engineer shall be required for plan approval by the City Engineer. 204. 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 Redlands Boulevard, Eucalyptus Avenue, and Encelia Avenue. 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. 205. Eucalyptus Avenue is classified as an Arterial (100’RW/76’CC) per City Standard Plan No.

MVSI-104A-0. Any modifications or improvements undertaken by this project shall be consistent with the City’s standards for this facility. A Class II bicycle lane shall be provided along project frontage. Additional improvements such as bicycle ramps, shared use path, or any additional bicycle treatment at the Redlands Boulevard/ Eucalyptus Avenue roundabout shall be considered during the design of street improvements. 206. Communication conduit will be required along the project’s Redlands Boulevard frontage per City Standard Plan No. MVSI-186-0.
207. Prior to final approval of the landscape plans and construction plans for any type of fencing or monument sign, the project plans shall demonstrate that sight distance at the project driveways conforms to City Standard Plan No. MVSI-164A-0 through MVSI-164C-0. Trees, plants, shrubs, fencing, or monument signing shall not be located in an area that obstructs the drivers’ line-of-sight.

F.2.d
Packet Pg. 547 Attachment: Resolution - General Plan Amendment - Tentative Parcel Map - Plot Plan [Revision 1] (6209 : Moreno Valley Trade Center/Park)

CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN19-0234)
Plot Plan (PEN19-0193)

31 of 33
208. The final street improvement plans shall include a bus turnout, designed per the City of Moreno Valley Standard Plan No. MVSI-161-0, for the west side of Redlands Boulevard, south of Eucalyptus Avenue. Prior to the final approval of the street improvement plans, a median improvement plan shall be prepared by a registered civil engineer for a raised median on Redlands Boulevard along the project frontage. Restricted left-turn median opening per City of Moreno Valley Standard Plan No. MVSI-145-0 shall be designed to prohibit left-out and provide left-turn movements into the southern driveway on Redlands Boulevard. No movements shall be restricted for automobiles at the northern driveway on Redlands Boulevard. Median on Eucalyptus Avenue shall be modified to extend at least 30 feet west of the west BCR of easterly driveway on Eucalyptus Avenue.
209. Prior to the final approval of the street improvement plans, the project applicant shall design the intersection of Redlands Boulevard and State Route 60 Westbound Ramps to provide the following geometrics:
• Northbound: One left turn lane, one through lane, one shared through/right turn lane • Southbound: One left turn lane, one through lane
• Eastbound: One shared left turn/through/right turn lane • Westbound: One shared left turn/through/right turn lane NOTE: Improvements may require widening of the north leg of the intersection and traffic signal modifications. The City of Moreno Valley will aid the applicant if any right-of-way acquisition is necessary. If a traffic signal modification is necessary, prior to the final approval of the street improvement plans, a traffic signal modification plan shall be prepared for the existing traffic signal at Redlands and State Route 60 Westbound Ramps. Traffic signal modification 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 Engineer and be submitted to California Department of Transportation (Caltrans) District 8 for their review and approval. The developer is responsible for obtaining a Caltrans encroachment permit prior to performing any work within Caltrans right-of-way. 210. Prior to issuance of a building permit, the project applicant shall pay all applicable DIF and TUMF. Payment of these fees cover the project’s payment towards any future improvement for the intersections of Moreno Beach Drive and State Route 60 Eastbound Ramps, segment of Moreno Beach Drive from State Route 60 Westbound Ramps to State Route 60 Eastbound Ramps, intersection of Redlands Boulevard and State Route 60 Eastbound Ramps, segment of Redlands Boulevard from State Route 60 Westbound Ramps to State Route 60 Eastbound Ramps, as identified in the approved Traffic Impact Analysis, dated November 2020 and Environmental Impact Report, and future signalization of the Redlands Boulevard and Encelia Avenue intersections.
211. Prior to issuance of Certificate of Occupancy, all approved street improvements shall be installed to the satisfaction of the City Engineer.
212. Prior to issuance of Certificate of Occupancy, all approved signing and striping shall be installed per current City Standards and approved plans. 213. Prior to issuance of Certificate of Occupancy, raised median improvements and the bus turnout shall be completed and fully operational per the approved plans to the satisfaction of the City Engineer.
214. Prior to issuance of Certificate of Occupancy, all required improvements for the intersection of Redlands Boulevard and State Route 60 Westbound Ramps shall be completed and fully F.2.d
Packet Pg. 548 Attachment: Resolution - General Plan Amendment - Tentative Parcel Map - Plot Plan [Revision 1] (6209 : Moreno Valley Trade Center/Park)

CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN19-0234)
Plot Plan (PEN19-0193)

32 of 33
operational per the conditions of approval and approved plans to the satisfaction of the City Engineer and Caltrans (if applicable).
215. Any gated entrance shall be provided with the following:
• A storage lane with sufficient queuing length for entering commercial trucks. • Signing and striping in front of the gate.

All of these features must be kept in working order.
216. Sight distance at the proposed roadways and driveways shall conform to City of Moreno Valley Standard No. MVSI-164A, B, C-0 at the time of preparation of final grading, landscape, and street improvement plans.
217. Redlands Boulevard is classified as a 4-Lane Divided Arterial (110’RW/86’CC) per City Standard Plan No. MVSI-103A-0 with any necessary roadway transitions south of this project.

Any modifications or improvements undertaken by this project shall be consistent with the City’s standards for this facility. A Class II bicycle lane shall be provided along project frontage.

Additional improvements such as bicycle ramps, shared use path, or any additional bicycle treatment at the Redlands Boulevard / Eucalyptus Avenue roundabout shall be considered during the design of street improvements.
218. Encelia Avenue is classified as a Minor Arterial (88’RW/64’CC) per City Standard Plan No.

MVSI-105A-1. Any modifications or improvements undertaken by this project shall be consistent with the City’s standards for this facility. 219. In the event the applicant requests a traffic signal at the intersection of Redlands Boulevard and the northerly driveway on Redlands, the applicant shall initiate the process and prepare any necessary studies and improvement plans, as requested by the City, for review and approval of the City Engineer. The applicant shall be responsible for all costs associated with the construction of the traffic signal and shall enter into a maintenance agreement with the City.
220. Conditions of approval may be modified or added if a phasing plan is submitted for this development.

PARKS & COMMUNITY SERVICES DEPARTMENT
221. This project is subject to current Development Impact Fees. 222. Multi-use trail to be constructed in accordance with City's Master Plan of Trail and City standard drawings.

Standard Conditions
223. Detailed final plans (mylars, PDF, and AutoCAD file on a DVD-R) for parks, trails/bikeways, fencing, and adjoining landscaped areas shall be submitted to and approved by the Director of Parks and Community Services, or his /her designee, prior to the issuance of any building permits. All plans are to include a profile showing grade changes. 224. Within the improvements for PCS, the applicant shall show all existing and planned easements on all maps and plans. Easements on City/CSD owned or maintained parks, trails, bikeways, and landscape shall be identified on each of these plans with the instrument number of the recorded easement.

F.2.d
Packet Pg. 549 Attachment: Resolution - General Plan Amendment - Tentative Parcel Map - Plot Plan [Revision 1] (6209 : Moreno Valley Trade Center/Park)

CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN19-0234)
Plot Plan (PEN19-0193)

33 of 33
225. Prior to grading permit, the applicant shall post security to guarantee construction or modification of parks, trails and/or bikeways for the City/CSD. Copies of said documentation shall be provided to PCS.
226. Applicable plan check and inspection fees shall be paid, per the approved City fee schedule. 227. The following plans require PCS written approval: Tentative tract/parcel maps; rough grading plans (including all Delta changes); Final Map; precise grading plans; street improvement plans; traffic signal plans; fence and wall plans; landscape plans for areas adjacent to bikeways; trail improvement plans. PCS will not approve any permits without review and approval of the above items.

F.2.d
Packet Pg. 550 Attachment: Resolution - General Plan Amendment - Tentative Parcel Map - Plot Plan [Revision 1] (6209 : Moreno Valley Trade Center/Park) 1 RESOLUTION NUMBER 2023-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO

VALLEY, CALIFORNIA, FINDING AND DETERMINING PURSUANT
TO SENATE BILL NO. 330 THAT APPROVAL OF THE MORENO

VALLEY TRADE CENTER PROJECT LOCATED ON LAND

SITUATED ON EUCALYPTUS AVENUE, WEST OF REDLANDS

BOULEVARD, NORTH OF ENCELIA AVENUE, AND EAST OF

QUINCY CHANNEL SHALL NOT RESULT IN A NET LOSS IN

RESIDENTIAL CAPACITY
(APN’S 488-340-002 through 488-340-012)
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California; and
WHEREAS, MVTC, LLC, a Delaware limited liability company (“Applicant”) is proposing the development of a 1,263,271 square foot, modern light industrial building to be used as a warehouse distribution/logistics center, or, in the alternative, as an ecommerce facility, commonly known as the Moreno Valley Trade Center (“Proposed Project”), which includes associated site improvements, such as but not limited to, drive aisles, landscaping, utility infrastructure, water quality basins, exterior lighting, walls/fencing, and signage, as more fully described in the Environmental Impact Report (EIR), a copy of which is incorporated herein by this reference as though set forth in full; and
WHEREAS, the Proposed Project is located on land situated on Eucalyptus Avenue, west of Redlands Boulevard, north of Encelia Avenue, and east of Quincy Channel (APN’S 488-340-002 through 488-340-012) (“Project Site”); and WHEREAS, the Proposed Project includes the following requested entitlements:
1) General Plan Amendment (PEN19-0191), 2) Change of Zone (PEN19-0192) and corresponding amendment to the City’s Zoning Atlas, 3) Tentative Parcel Map (PEN19- 0234), and 4) Plot Plan (PEN19-0193); and
WHEREAS, the purpose of General Plan Amendment (PEN19-0191) is to change the Land Use Designation of the Project Site under the City of Moreno Valley General Plan Land Use Map from Residential 2 (R2) to Business Park (BP); and WHEREAS, the purpose of Change of Zone (PEN19-0192) is to rezone the Project Site from Residential Agriculture 2 District (RA2) to Light Industrial District (LI), and to remove the Project Site’s “Primary Animal Keeping Overlay (PAKO)” overlay classification; and
WHEREAS, the purpose of Tentative Parcel Map (PEN19-0234) is to merge the existing 11 parcels into a single parcel; and
WHEREAS, the purpose of Plot Plan (PEN19-0193) is to construct an approximately 1,263,271 square foot Warehouse/Distribution building on the Project Site F.2.e
Packet Pg. 551 Attachment: Resolution - No Net Loss (6209 : Moreno Valley Trade Center/Park) 2 with associated parking, landscape improvements and off-site public improvements; and WHEREAS, the Proposed Project was considered by the Planning Commission at a duly noticed public hearing conducted on October 28, 2021, and the Planning Commission voted 4-0 to deny the Proposed Project; and
WHEREAS, the Applicant appealed the Planning Commission’s decision as set forth in Appeal Application (PAA21-0001) and a duly noticed public hearing on the appeal was conducted by the City Council on December 7, 2021; and WHEREAS, at the public hearing held on December 7, 2021, the City Council did not rule on the appeal, but rather, after receiving public testimony unanimously voted to continue the public hearing regarding the Draft EIR and the Proposed Project to a date uncertain; and
WHEREAS, the Applicant has taken into consideration several issues raised by the Planning Commission in its denial of the Proposed Project and input it received from members of the public and the City Council at the December 7, 2021 public hearing, and submitted various revisions to the Proposed Project that the Applicant represented are responsive to the various concerns raised by members of the public, the Planning Commission and the City Council; and
WHEREAS, since none of the proposed revisions presented by the Applicant nor recommended by staff require any modifications or revisions to General Plan Amendment (PEN19-0191) and Change of Zone (PEN19-0192), as originally presented on October 28, 2021, at the Planning Commission public hearing and on December 7, 2021 City Council public hearing, the City Council is not required to refer the Proposed Project back to the Planning Commission for a recommendation prior to taking final action of the Proposed Project, as revised; and
WHEREAS, on June 21, 2022, the City Council did not rule on the appeal, but rather, unanimously voted to continue the public hearing regarding the Draft EIR and the Proposed Project to a date uncertain prior to reopening the public hearing; and WHEREAS, on November 15, 2022, the item was scheduled for consideration by the City Council; however, the meeting was canceled and adjourned to December 6, 2022, with no action being taken; and
WHEREAS, on December 6, 2022, the City Council did not rule on the appeal, but rather, unanimously voted to continue the public hearing regarding the Draft EIR and the Proposed Project to a date uncertain prior to reopening the public hearing; and WHEREAS, on November 15, 2022, the City Council conducted a duly noticed continued public hearing on the Proposed Project, as revised, and considered the Proposed Project’s Environmental Impact Report and related Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations; and WHEREAS, on April 18, 2023, in accordance with the provisions of the California F.2.e
Packet Pg. 552 Attachment: Resolution - No Net Loss (6209 : Moreno Valley Trade Center/Park) 3 Environmental Quality Act (CEQA) and CEQA Guidelines, the City Council considered and approved Resolution No. 2023-__ certifying the Proposed Project’s Environmental Impact Report, adopting a Mitigation Monitoring and Reporting Program and approving a Statement of Overriding Considerations.

WHEREAS, on October 9, 2019, the California Legislature adopted Senate Bill 330 (SB330), which was codified as Government Code Section 66300 and became effective January 1, 2020, declared a housing crisis in the State of California and imposed certain requirements designed to streamline the construction of new housing, and prevent the loss of existing housing and land available for future residential use, unless replaced in other areas of the affected jurisdiction to ensure that there is no net loss in the City’s residential capacity; and
WHEREAS, in pertinent part, Government Code section 66300(h)(2)(i)(1) provides as follows:
“This section does not prohibit an affected ... city from changing a land use designation or zoning ordinance to a less intensive use if the city ... concurrently changes the development standards, policies, and conditions applicable to other parcels within the jurisdiction to ensure that there is no net loss in residential capacity.”; and
WHEREAS, in order to ensure its compliance with SB330, the City Council adopted Ordinance No. 965 amending Chapter 9.03 (Residential Districts) of Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code which added Section

9.03.065 (Density bonus program for SB330) to establish a density bonus program for certain residential projects; and
WHEREAS, Section 9.03.065 (Density bonus program for SB330) provides that, concurrent with the approval of any change in zone from a residential use to a less intensive or non-residential use, a density bonus will become available to project applicants subsequently seeking to develop property for residential use within the City, which ensures that there will not be any net loss of residential capacity within the City as mandated by SB330 to ensure development opportunities remain available throughout the planning period to accommodate the City’s regional housing need allocation (RHNA), especially for lower- and moderate- income households.

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

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

Section 2. Notice
That pursuant to Government Code section 66020(d)(1), notice is hereby given F.2.e
Packet Pg. 553 Attachment: Resolution - No Net Loss (6209 : Moreno Valley Trade Center/Park) 4 that the proposed Project is subject to certain fees, dedications, reservations and other exactions as provided herein.

Section 3. Evidence
That the City Council has considered all of the evidence submitted into the administrative record for the Proposed Project, including, but not limited to, the following:
(a) Moreno Valley General Plan and all other relevant provisions contained therein;
(b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code and all other relevant provisions referenced therein, including without limitation Section 9.03.065 (Density bonus program for SB330) of Chapter 9.03 (Residential Districts) of Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code;
(c) Applications for 1) General Plan Amendment (PEN19-0191), 2) Change of Zone (PEN19-0192) and corresponding amendment to the City’s Zoning Atlas, 3) Tentative Parcel Map (PEN19-0234), and 4) Plot Plan (PEN19- 0193) and all documents, records and references contained therein; (d) Proposed Project’s Environmental Impact Report and related Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations;
(e) Proposed conditions of approval for the Proposed Project; (f) Staff Reports prepared for the Planning Commission for its October 28, 2021 public hearing and the City Council for its December 7, 2021 public hearing;
(g) Staff Reports prepared for the City Council for the June 21, 2022 public hearing;
(h) Staff Reports prepared for the City Council for the November 15, 2022 public hearing;
(i) Staff Reports prepared for the City Council for the December 6, 2022 public hearing;
(j) Staff Reports prepared for the City Council for the April 18, 2023 public hearing;
(k) Staff’s presentation at the December 7, 2021 and April 18, 2023 City Council public hearings;
(l) Testimony and/or comments from Applicant and its representatives during the December 7, 2021 and April 18, 2023 public hearings; and (m) Testimony and/or comments from all persons that was provided in written format or correspondence, at, or prior to, the December 7, 2021, June 21, 2022, November 15, 2022, December 6, 2022, and April 18, 2023 public hearings.

Section 4. Findings and Determination of No Net Loss of Residential Capacity
That based on the foregoing Recitals and the Evidence, the City Council finds and determines that the estimated reduction of 145 potential dwelling units caused by or F.2.e
Packet Pg. 554 Attachment: Resolution - No Net Loss (6209 : Moreno Valley Trade Center/Park) 5 resulting from General Plan Amendment (PEN19-0191) which changes the Land Use Designation of the Project Site under the City of Moreno Valley General Plan Land Use Map from Residential 2 (R2) to Business Park (BP) and Change of Zone (PEN19-0192) which rezones the Project Site from Residential Agriculture 2 District (RA2) to Light Industrial District (LI) and removes the Project Site’s “Primary Animal Keeping Overlay (PAKO)” overlay classification will not result in a net loss in the number of potential residential units within the City of Moreno Valley since the number of dwelling units that will presumably be lost due to General Plan Amendment (PEN19-0191) and Change of Zone (PEN19-0192) shall be made available for development pursuant to the City’s residential density bonus programs, as codified in Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code, which will ensure development opportunities remain available throughout the planning period to accommodate the City’s regional housing need allocation (RHNA), especially for lower- and moderate-income households.

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

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

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

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

F.2.e
Packet Pg. 555 Attachment: Resolution - No Net Loss (6209 : Moreno Valley Trade Center/Park) 6 PASSED AND ADOPTED THIS 18th day of April, 2023.
____________________________________
Ulises Cabrera, Mayor
ATTEST:
____________________________________
Jane Halstead, City Clerk
APPROVED AS TO FORM:
____________________________________
Steven B. Quintanilla, Interim City Attorney
F.2.e
Packet Pg. 556 Attachment: Resolution - No Net Loss (6209 : Moreno Valley Trade Center/Park) 1 Ordinance No. 2023-xx
Date Adopted: , 2023
ORDINANCE NO. 2023-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO

VALLEY, CALIFORNIA, AMENDING THE OFFICIAL ZONING ATLAS

OF THE CITY OF MORENO VALLEY REZONING THE PARCELS
IDENTIFIED AS ASSESSOR PARCEL NUMBERS 488-340-002
THROUGH 488-340-012 FROM RESIDENTIAL AGRICULTURE 2
DISTRICT (RA2) TO LIGHT INDUSTRIAL DISTRICT (LI) AND
REMOVING SAID PARCELS’ PRIMARY ANIMAL KEEPING OVERLAY
(PAKO) OVERLAY CLASSIFICATION
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California; and
WHEREAS, MVTC, LLC, a Delaware limited liability company (“Applicant”) is proposing the development of a 1,263,271square-foot, modern light industrial building to be used as a warehouse distribution/logistics center, or, in the alternative, as an e-commerce facility, commonly known as the Moreno Valley Trade Center (“Proposed Project”), which includes associated site improvements, such as but not limited to, drive aisles, landscaping, utility infrastructure, water quality basins, exterior lighting, walls/fencing, and signage, as more fully described in the Environmental Impact Report (EIR), a copy of which is incorporated herein by this reference as though set forth in full; and
WHEREAS, the Proposed Project is located on land situated on Eucalyptus Avenue, west of Redlands Boulevard, north of Encelia Avenue, and east of Quincy Channel (APN’S 488-340-002 through 488-340-012) (“Project Site”); and WHEREAS, the Proposed Project includes the following requested entitlements:

General Plan Amendment (PEN19-0191), 2) Change of Zone (PEN19-0192) and corresponding amendment to the City’s Zoning Atlas, 3) Tentative Parcel Map (PEN19-0234), and 4) Plot Plan (PEN19-0193); and
WHEREAS, the purpose of General Plan Amendment (PEN19-0191) is to change the Land Use Designation of the Project Site under the City of Moreno Valley General Plan Land Use Map from Residential 2 (R2) to Business Park (BP); and WHEREAS, the purpose of Change of Zone (PEN19-0192) is to rezone the Project Site from Residential Agriculture 2 District (RA2) to Light Industrial District (LI), and to remove the Project Site’s “Primary Animal Keeping Overlay (PAKO)” overlay classification; and
WHEREAS, the purpose of Tentative Parcel Map (PEN19-0234) is to merge the existing 11 parcels into a single parcel; and
WHEREAS, the purpose of Plot Plan (PEN19-0193) is to construct an approximately 1,263,271 square foot Warehouse/Distribution building on the Project Site with associated parking, landscape improvements and off-site public improvements; and F.2.f
Packet Pg. 557 Attachment: Ordinance - Zone Change (6209 : Moreno Valley Trade Center/Park) 2 Ordinance No. 2023-xx
Date Adopted: , 2023
WHEREAS, the Proposed Project was considered by the Planning Commission at a duly noticed public hearing conducted on October 28, 2021, and the Planning Commission voted 4-0 to deny the Proposed Project; and
WHEREAS the Applicant appealed the Planning Commission’s decision as set forth in Appeal Application (PAA21-0001) and a duly noticed public hearing on the appeal was conducted by the City Council on December 7, 2021; and WHEREAS, Section 9.02.050 (Amendments to zoning districts or other provisions of Title 9) of Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code provides that following appeal of a decision by the Planning Commission to disapprove a proposed amendment to Title 9, including amendments to the Zoning Atlas, the City Council may approve, approve with modifications, or disapprove any proposed amendment, provided that prior to City Council action, any modification not previously considered by the Planning Commission shall first be referred to the Planning Commission for report and recommendation; and
WHEREAS, at the public hearing held on December 7, 2021, the City Council did not rule on the appeal, but rather, after receiving public testimony unanimously voted to continue the public hearing regarding the Draft EIR and the Proposed Project to a date uncertain; and
WHEREAS, the Applicant has taken into consideration several issues raised by the Planning Commission in its denial of the Proposed Project and input it received from members of the public and the City Council at the December 7, 2021 public hearing, and submitted various revisions to the Proposed Project that the Applicant represented are responsive to the various concerns raised by members of the public, the Planning Commission and the City Council; and
WHEREAS, since none of the proposed revisions presented by the Applicant nor recommended by staff require any modifications or revisions to General Plan Amendment (PEN19-0191) and Change of Zone (PEN19-0192), as originally presented on October 28, 2021, at the Planning Commission public hearing and on December 7, 2021 City Council public hearing, the City Council is not required to refer the Proposed Project back to the Planning Commission for a recommendation prior to taking final action of the Proposed Project, as revised; and
WHEREAS, on June 21, 2022, the City Council did not rule on the appeal, but rather, unanimously voted to continue the public hearing regarding the Draft EIR and the Proposed Project to a date uncertain prior to reopening the public hearing; and WHEREAS, on November 15, 2022, the item was scheduled for consideration by the City Council; however, the meeting was canceled and adjourned to December 6, 2022, with no action being taken; and
WHEREAS, on December 6, 2022, the City Council did not rule on the appeal, but rather, unanimously voted to continue the public hearing regarding the Draft EIR and the Proposed Project to a date uncertain prior to reopening the public hearing; and F.2.f
Packet Pg. 558 Attachment: Ordinance - Zone Change (6209 : Moreno Valley Trade Center/Park) 3 Ordinance No. 2023-xx
Date Adopted: , 2023
WHEREAS, on April 18, 2023, the City Council conducted a duly noticed continued public hearing on the Proposed Project, as revised, and considered the Proposed Project’s Environmental Impact Report and related Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations; and WHEREAS, on April 18, 2023, in accordance with the provisions of the California Environmental Quality Act (CEQA) and CEQA Guidelines, the City Council considered and approved Resolution No. 2023-__ certifying the Proposed Project’s Environmental Impact Report, adopting a Mitigation Monitoring and Reporting Program and approving a Statement of Overriding Considerations.

THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Recitals
That the above recitals are true and correct and are incorporated herein by this reference.

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

Section 3. Evidence
That the City Council has considered all of the evidence submitted into the administrative record for the Proposed Project, including, but not limited to, the following:
(a) Moreno Valley General Plan and all other relevant provisions contained therein;
(b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code and all other relevant provisions referenced therein;
(c) Applications for 1) General Plan Amendment (PEN19-0191), 2) Change of Zone (PEN19-0192) and corresponding amendment to the City’s Zoning Atlas, 3) Tentative Parcel Map (PEN19-0234), and 4) Plot Plan (PEN19- 0193) and all documents, records and references contained therein; (d) Proposed Project’s Environmental Impact Report and related Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations;
(e) Proposed conditions of approval for the Proposed Project; (f) Staff Reports prepared for the Planning Commission for its October 28, 2021 public hearing and the City Council for its December 7, 2021 public hearing;
(g) Staff Reports prepared for the City Council for the June 21, 2022 public hearing;
(h) Staff Reports prepared for the City Council for the November 15, 2022 F.2.f
Packet Pg. 559 Attachment: Ordinance - Zone Change (6209 : Moreno Valley Trade Center/Park) 4 Ordinance No. 2023-xx
Date Adopted: , 2023
public hearing;
(i) Staff Reports prepared for the City Council for the December 6, 2022 public hearing;
(j) Staff Reports prepared for the City Council for the April 18, 2023 public hearing;
(k) Staff’s presentation at the December 7, 2021 and April 18, 2023 City Council public hearings;
(l) Testimony and/or comments from Applicant and its representatives during the December 7, 2021 and April 18, 2023 public hearings; and (m) Testimony and/or comments from all persons that was provided in written format or correspondence, at, or prior to, the December 7, 2021, June 21, 2022, November 15, 2022, December 6, 2022, and April 18, 2023 public hearings.

Section 4. Findings
That based on the foregoing Recitals and the Evidence, the City Council makes the following findings:
(a) That General Plan Amendment (PEN19-0191) is consistent with existing goals, objectives, policies and programs of the 2040 General Plan and will not adversely affect the public health, safety or general welfare; (b) That the Proposed Project, which includes Plot Plan (PEN19-0193), is consistent with the goals, objectives, policies and programs of the 2040 General Plan; complies with all applicable zoning and other regulations and will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; and the location, design and operation of the Proposed Project will be compatible with existing and planned land uses in the vicinity;
(c) That Tentative Parcel Map (PEN19-0234) involves at least one parcel that is undeveloped by any structure for which a building permit was issued and is consistent with the 2040 General Plan; and
(d) That Change of Zone (PEN19-0192) and corresponding amendment to the City’s Zoning Atlas is consistent with the 2040 General Plan and its goals, objectives, policies, and programs; will not adversely affect the public health, safety or general welfare; and is consistent with the purposes and intent of Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code.

Section 5. Severability
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.

F.2.f
Packet Pg. 560 Attachment: Ordinance - Zone Change (6209 : Moreno Valley Trade Center/Park) 5 Ordinance No. 2023-xx
Date Adopted: , 2023
Section 6. Repeal of Conflicting Provisions
That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Ordinance, are hereby repealed.

Section 7. Effective Date
That this Ordinance shall take effect thirty (30) days after its second reading.

Section 8. Certification
That the City Clerk shall certify to the passage and adoption of this Ordinance, enter the same in the book for original ordinances of the City, and make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Ordinance is passed and adopted.

PASSED AND ADOPTED THIS 18th day of April, 2023.
____________________________________
Ulises Cabrera, Mayor
ATTEST:
____________________________________
Jane Halstead, City Clerk
APPROVED AS TO FORM:
____________________________________
Steven B. Quintanilla, Interim City Attorney
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Packet Pg. 561 Attachment: Ordinance - Zone Change (6209 : Moreno Valley Trade Center/Park) PEN19-0192 – Change of Zone
Residential Agriculture 2 (RA2) to Light Industrial (LI) LI LI
LI LI
City of Moreno Valley Zoning Atlas Page 62
City of Moreno Valley Zoning Atlas Page 75
City of Moreno Valley Zoning Atlas Page 63
City of Moreno Valley Zoning Atlas Page 76
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Packet Pg. 562 Attachment: Ordinance - Zone Change (6209 : Moreno Valley Trade Center/Park) 1 RESOLUTION NUMBER 2023-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, ACCEPTING THE

COMMUNITY BENEFITS VOLUNTARILY OFFERED BY

MVTC, LLC WHICH ARE NOT CONDITIONS OF APPROVAL

OR MITIGATION MEASURES IMPOSED BY THE CITY FOR

THE MORENO VALLEY TRADE CENTER PROJECT
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California; and
WHEREAS, MVTC, LLC, a Delaware limited liability company (“Applicant”) is proposing the development of a 1,263,271 square foot, modern light industrial building to be used as a warehouse distribution/logistics center, or, in the alternative, as an ecommerce facility, commonly known as the Moreno Valley Trade Center (“Proposed Project”), which includes associated site improvements, such as but not limited to, drive aisles, landscaping, utility infrastructure, water quality basins, exterior lighting, walls/fencing, and signage, as more fully described in the Environmental Impact Report (EIR), a copy of which is incorporated herein by this reference as though set forth in full; and
WHEREAS, the Proposed Project is located on land situated on Eucalyptus Avenue, west of Redlands Boulevard, north of Encelia Avenue, and east of Quincy Channel (APN’S 488-340-002 through 488-340-012) (“Project Site”); and WHEREAS, the Proposed Project includes the following requested entitlements:
1) General Plan Amendment (PEN19-0191), 2) Change of Zone (PEN19-0192) and corresponding amendment to the City’s Zoning Atlas, 3) Tentative Parcel Map (PEN19- 0234), and 4) Plot Plan (PEN19-0193); and
WHEREAS, the purpose of General Plan Amendment (PEN19-0191) is to change the Land Use Designation of the Project Site under the City of Moreno Valley General Plan Land Use Map from Residential 2 (R2) to Business Park (BP); and WHEREAS, the purpose of Change of Zone (PEN19-0192) is to rezone the Project Site from Residential Agriculture 2 District (RA2) to Light Industrial District (LI), and to remove the Project Site’s “Primary Animal Keeping Overlay (PAKO)” overlay classification; and
WHEREAS, the purpose of Tentative Parcel Map (PEN19-0234) is to merge the existing 11 parcels into a single parcel; and
WHEREAS, the purpose of Plot Plan (PEN19-0193) is to construct an approximately 1,263,271 square foot Warehouse/Distribution building on the Project Site with associated parking, landscape improvements and off-site public improvements; and WHEREAS, the Proposed Project was considered by the Planning Commission at F.2.g
Packet Pg. 563 Attachment: Resolution - Accepting Community Benefits and Approving Park Agreement [Revision 3] (6209 : Moreno Valley Trade Center/Park) 2 a duly noticed public hearing conducted on October 28, 2021, and the Planning Commission voted 4-0 to deny the Proposed Project; and
WHEREAS, the Applicant appealed the Planning Commission’s decision as set forth in Appeal Application (PAA21-0001) and a duly noticed public hearing on the appeal was conducted by the City Council on December 7, 2021; and WHEREAS, at the public hearing held on December 7, 2021, the City Council did not rule on the appeal, but rather, after receiving public testimony unanimously voted to continue the public hearing regarding the Draft EIR and the Proposed Project to a date uncertain; and
WHEREAS, the Applicant has taken into consideration several issues raised by the Planning Commission in its denial of the Proposed Project and input it received from members of the public and the City Council at the December 7, 2021 public hearing, and submitted various revisions to the Proposed Project that the Applicant represented are responsive to the various concerns raised by members of the public, the Planning Commission and the City Council; and
WHEREAS, since none of the proposed revisions presented by the Applicant nor recommended by staff require any modifications or revisions to General Plan Amendment (PEN19-0191) and Change of Zone (PEN19-0192), as originally presented on October 28, 2021, at the Planning Commission public hearing and on December 7, 2021 City Council public hearing, the City Council is not required to refer the Proposed Project back to the Planning Commission for a recommendation prior to taking final action of the Proposed Project, as revised; and
WHEREAS, on June 21, 2022, the City Council did not rule on the appeal, but rather, unanimously voted to continue the public hearing regarding the Draft EIR and the Proposed Project to a date uncertain prior to reopening the public hearing; and WHEREAS, on November 15, 2022, the item was scheduled for consideration by the City Council; however, the meeting was canceled and adjourned to December 6, 2022, with no action being taken; and
WHEREAS, on December 6, 2022, the City Council did not rule on the appeal, but rather, unanimously voted to continue the public hearing regarding the Draft EIR and the Proposed Project to a date uncertain prior to reopening the public hearing; and WHEREAS, on April 18, 2023, the City Council conducted a duly noticed continued public hearing on the Proposed Project, as revised, and considered the Proposed Project’s Environmental Impact Report and related Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations; and WHEREAS, on April 18, 2023, in accordance with the provisions of the California Environmental Quality Act (CEQA) and CEQA Guidelines, the City Council considered and approved Resolution No. 2023-__ certifying the Proposed Project’s Environmental Impact Report, adopting a Mitigation Monitoring and Reporting Program and approving a F.2.g
Packet Pg. 564 Attachment: Resolution - Accepting Community Benefits and Approving Park Agreement [Revision 3] (6209 : Moreno Valley Trade Center/Park) 3 Statement of Overriding Considerations; and
WHEREAS, in addition to the CEQA-related Mitigation Measures and the Conditions of Approval related to the requested entitlements, the Applicant has offered numerous “Community Benefits,” as described in the letter attached hereto as Exhibit A, that fall beyond the City’s legal authority to approve as CEQA-related Mitigation Measures or as the Conditions of Approval related to the requested entitlement since there is not a sufficient nexus to the potential impacts of the Proposed Project; and WHEREAS, notwithstanding above, the Applicant has agreed that the Community Benefits be memorialized as enforceable conditions of approval; and WHEREAS, the Community Benefits offered by the Applicant include providing up to $204,000 to fund and administer several electric vehicle grant programs, that will include funding for Heavy Duty Electric Trucks, Medium Duty Electric Trucks, Local Delivery Electric Vehicles and Electric Passenger Vehicles which the Applicant shall be responsible for establishing, funding and administering; and WHEREAS, the Applicant has also offered to provide $113,000 to fund a Solar Advocacy Fund, Residential Air Filtration Reimbursement Program, Residential Noise Insulation Reimbursement Program and Residential Exterior Pressure Washing Reimbursement Program, in addition to installing additional onsite EV charging stations and at least one APU plug-in for every 35 dock doors at multiple locations within the Project Site where trucks are proposed to park; and
WHEREAS, the Applicant has further offered that only electrical appliances shall be used in building office areas, and the use of portable or stationary diesel powered generators shall be prohibited unless necessary due to emergency situations or constrained supply, and that all construction equipment shall meet or be cleaner than Tier 4 standards, except if the general contractor overseeing the Proposed Project’s construction certifies that it is not feasible to use exclusively Tier 4 equipment due to limited availability; and
WHEREAS, in addition to the above-referenced Community Benefits, the Applicant has offered to develop and construct an 18-acre park facility, accommodating two full-size size fully lighted soccer fields, a fully lighted baseball field, a snack bar/concession, public restrooms, a walking path, playground, exercise equipment, landscaping and related parking, as more particularly described in the Community Park Acquisition and Improvement Agreement, attached hereto as Exhibit B; and WHEREAS, all of the Community Benefits referenced above, and the development of the Community Park are neither CEQA-related mitigation measures nor conditions of approval that the City has the legal authority to unilaterally impose on the Applicant or the Proposed Project, due to the lack of the requisite nexus that is otherwise required in order to unilaterally impose as environmental mitigation measures or conditions of approval on an applicant or a proposed development project that requires discretionary approval; and WHEREAS, notwithstanding above, the Applicant has agreed that everything F.2.g
Packet Pg. 565 Attachment: Resolution - Accepting Community Benefits and Approving Park Agreement [Revision 3] (6209 : Moreno Valley Trade Center/Park) 4 being offered by the Applicant be memorialized as enforceable conditions which means the City will be able to use code and permit enforcement procedures to ensure implementation; and
WHEREAS, section 37354 of the Government Code permits the City Council to accept or reject any gift, bequest, or devise made to the City, subject to any limitations imposed by the donor.

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

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

Section 2. Acceptance of Community Benefits
That pursuant to section 37354 of the Government Code, the City Council hereby accepts, on behalf of the City of Moreno Valley, the Community Benefits, as described in Exhibit A, and the offer to develop a Community Park pursuant to the Community Park Acquisition and Improvement Agreement attached hereto as Exhibit B.

Section 3. Authority to Execute Agreement
That the City Manager is hereby directed and authorized to execute the Community Park Acquisition and Improvement Agreement attached hereto as Exhibit B.

Agreement and to approve any subsequent amendments, subject to the consent of the City Attorney, consistent with the intent and purposes of the Agreement.

Section 4. Enforceability
That as offered by the Applicant, the Community Benefits hereby offered by the Applicant and accepted by the City, as set forth in Exhibit A, shall be memorialized as enforceable conditions which shall permit the City to use code and permit enforcement procedures to ensure implementation of each of the Community Benefits.

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

Section 6. Severability
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as F.2.g
Packet Pg. 566 Attachment: Resolution - Accepting Community Benefits and Approving Park Agreement [Revision 3] (6209 : Moreno Valley Trade Center/Park) 5 hereby adopted shall remain in full force and effect.

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

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

PASSED AND ADOPTED THIS 18th day of April, 2023.
____________________________________
Ulises Cabrera, Mayor
ATTEST:
____________________________________
Jane Halstead, City Clerk
APPROVED AS TO FORM:
____________________________________
Steven B. Quintanilla, Interim City Attorney
Exhibits:

Exhibit A - Letters Offering Community Benefits
Exhibit B - Community Park Acquisition and Improvement Agreement F.2.g
Packet Pg. 567 Attachment: Resolution - Accepting Community Benefits and Approving Park Agreement [Revision 3] (6209 : Moreno Valley Trade Center/Park)

EXHIBIT A

LETTERS OFFERING COMMUNITY BENEFITS
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Packet Pg. 568 Attachment: Resolution - Accepting Community Benefits and Approving Park Agreement [Revision 3] (6209 : Moreno Valley Trade Center/Park) H748-023 -- 4212233.1

MVTC, LLC
901 Via Piemonte, Suite 175
Ontario, CA 91764
December 1, 2021

VIA FEDERAL EXPRESS AND
E-MAIL – [email protected]
Honorable Mayor and Members of the City Council
City of Moreno Valley
14177 Frederick Street
Moreno Valley, CA 92553
Dear Honorable Mayor and Members of the City Council:

MVTC, LLC, (“Hillwood”) presents this letter as a commitment to the City of Moreno Valley to integrate the below Community Benefits into our proposed Moreno Valley Trade Center project (“Project”) as either Project design features, minimization measures and/or similar mechanisms, conditioned only on Project approval. The Project is currently before the City as application PEN19-0191 (General Plan Amendment); PEN19-0192 (Change of Zone); PEN19-0193 (Plot Plan); and PEN 19-0234 (Tentative Parcel Map). Key components of this commitment include:
• Heavy Duty Truck Grants Quantity 5 Value: $125,000
• Medium Duty Truck Grants Quantity 2 Value: $27,000
• Local Delivery Truck Grants Quantity 3 Value: $27,000 • Local Community Passenger Vehicle & Zero Emission Transportation Grants Quantity: 25 Value $25,000
• Donation to Electric Vehicle Advocacy Fund Value $5,000 • Donation to Solar Advocacy Fund $5,000
• Install minimum of 12 onsite EV Chargers
• Residential Air Filtration Reimbursement Program Value $40,000 • Residential Noise Insulation Reimbursement Program Value: $64,000 • Residential Exterior Pressure Washing Reimbursement Value: $4,000 • Design the Building to achieve LEED Silver certification standards • Provide setback from residences (434’ from Building to centerline of Encelia) and landscape screening (599 trees total on site, focusing on large specimen-24” box-, evergreen and California native trees)
• Install 14 foot-tall walls for noise mitigation
• Provide enhanced architecture (glass, metal articulation, variety of colors and textures) • Install new, multi-purpose trails along east and west sides of project site • Install above-standard offsite storm drain – 78” pipe from Encelia Avenue south to Dracaea allowing system to satisfy master plan
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Packet Pg. 569 Attachment: Resolution - Accepting Community Benefits and Approving Park Agreement [Revision 3] (6209 : Moreno Valley Trade Center/Park) Honorable Mayor and City Council Members
City of Moreno Valley
December 1, 2021

H748-023 -- 4212233.1
We look forward to contributing to the betterment of the Moreno Valley community.

Sincerely,

MCTV, LLC
a Delaware limited liability company
By: ________________________
Scott Morse
Vice President
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Packet Pg. 570 Attachment: Resolution - Accepting Community Benefits and Approving Park Agreement [Revision 3] (6209 : Moreno Valley Trade Center/Park) 1 COMMUNITY BENEFITS
The Project Applicant/Developer offered to provide the benefits set forth below, as enforceable special conditions of approval. As such, none of the following special conditions of approval shall be considered Mitigation Measures under CEQA.

1. Heavy Duty Electric Truck Grant Program - $125,000
Prior to the issuance of the first building permit for the Project, the Developer shall establish a trust account or escrow account in which Developer shall deposit $125,000 for the purpose of providing grants to private third parties for the purchase of at least five Class 8 Heavy Duty Electric Trucks. The Program shall prioritize grant applicants who will use their Heavy Duty Electric Trucks in the City of Moreno Valley and along the Highway 60 corridor, and shall give special priority for drayage trucks that will be used in the City of Moreno Valley and along the Highway 60 corridor. The grants shall be awarded prior to the issuance of the first Certificate of Occupancy for the Project.

The award of the Heavy Duty Electric Truck Grants shall include the following two conditions:
(1) A prohibition on the resale of the Heavy Duty Electric Truck to an entity that will operate trucks outside of California; and
(2) 85% of the mileage must occur in the SCAQMD region, which shall be enforced using a geo -fencing electronic system on each Heavy Duty Electric Truck that has been funded by the Program.

The Developer shall be responsible for establishing, funding and administering the Heavy Duty Electric Truck Grant Program, and provide a hyperlink to the Program that the City that may post on the City’s official website for interested parties to access information about the Program.

2. Medium Duty Electric Truck Grant Program - $27,000
Prior to the issuance of the first building permit for the Project, the Developer shall establish a trust account or escrow account in which Developer shall deposit. $27,000 for the purpose of providing grants to private third parties for the purchase of at least two Class 6 and/or Class 7 Medium Duty Electric Trucks. The Program shall prioritize grant applicants who will use their Medium Electric Trucks in the City of Moreno Valley and along the Highway 60 corridor. Only if there is no demand for Class 6 and Class 7 Medium Duty Electric Trucks, shall the grants be provided for the purchase of Class 4 and Class 5 Medium Duty Electric Trucks, with priority given to Class 5 over Class 4 Medium Duty Electric Trucks. The grants shall be awarded prior to the issuance of the first Certificate of Occupancy for the Project.

F.2.g
Packet Pg. 571 Attachment: Resolution - Accepting Community Benefits and Approving Park Agreement [Revision 3] (6209 : Moreno Valley Trade Center/Park) 2 The award of the Medium Duty Electric Truck Grants shall include the following two conditions:
(1) A prohibition on the resale of the Medium Duty Electric Truck to an entity that will operate trucks outside of California; and
(2) 85% of the mileage must occur in the SCAQMD region, which shall be enforced using a geo -fencing electronic system on each Medium Duty Electric Truck that has been funded by the Program.

The Developer shall be responsible for establishing, funding and administering the Medium Duty Electric Truck Grant Program, and provide a hyperlink to the Program that the City that may post on the City’s official website for interested parties to access information about the Program.

3. Local Delivery Electric Vehicle Program - $27,000
Prior to the issuance of the first building permit for the Project, the Developer shall establish a trust account or escrow account in which Developer shall deposit $27,000 for the purpose of providing grants to private third parties for the purchase of at least three Local Delivery Electric Vehicles (generally referred to as Class 1, 2, and 3 trucks) for use for deliveries within the City of Moreno Valley and the immediate vicinity.

The Program shall prioritize grant applicants who occupy buildings situated within the Project Site that are located the closest to any developed residential areas and intend to use the grant proceeds to purchase the highest class of Class 1, 2, and 3 trucks for which there is demand. The grants shall be awarded prior to the issuance of the first Certificate of Occupancy for the Project.

The award of the Local Delivery Electric Truck Grants shall include a condition that requires that 50% of the mileage must occur in Moreno Valley and the Highway 60 corridor, which shall be enforced using a geo-fencing electronic system on each Local Delivery Electric Vehicle that has been funded by the Program.

The Developer shall be responsible for establishing, funding and administering the Local Delivery Electric Vehicle Grant Program, and provide a hyperlink to the Program that the City that may post on the City’s official website for interested parties to access information about the Program.

4. Electric Passenger Vehicle Grant Program - $25,000
Prior to the issuance of the first building permit for the Project, the Developer shall establish a trust account or escrow account in which Developer shall deposit $25,000 for the purpose of providing 25 $1,000 grants to Moreno Valley residents for the purchase of electric passenger vehicles.

F.2.g
Packet Pg. 572 Attachment: Resolution - Accepting Community Benefits and Approving Park Agreement [Revision 3] (6209 : Moreno Valley Trade Center/Park) 3 The Program shall prioritize grant applicants who occupy households earning not more than 150% of the Area Median Income, as calculated by the U.S. Department of Housing and Urban Development.

The Developer shall be responsible for establishing, funding and administering the Electric Passenger Vehicle Grant Program, and provide a hyperlink to the Program that the City that may post on the City’s official website for interested parties to access information about the Program.

5. Electric Vehicle Advocacy Fund - $5,000
Prior to the issuance of the first building permit for the Project, the Developer shall establish a trust account or escrow account in which Developer shall deposit $ 5,000 for the purpose of contributing the proceeds to a bona fide California non - profit organization, in good standing, that focuses on informing and educating members of the general public about the environmental benefits of electric vehicles and /or provides outreach, education, and training on the maintenance of zero - emissions vehicles.

Non-profit organizations, including without limitation to labor and /or environmental organizations, that are located in the City of Moreno Valley or which provide services to Moreno Valley residents shall be prioritized.

The Developer shall be responsible for establishing, funding and administering the Electric Vehicle Advocacy Fund to ensure that the grant funds are properly used, and provide a hyperlink to information regarding the availability of the funds that the City that may post on the City’s official website for interested parties to access information about the Fund.

6. Solar Advocacy Fund - $5,000
Prior to the issuance of the first building permit for the Project, the Developer shall establish a trust account or escrow account in which Developer shall deposit $ 5,000 for the purpose of contributing the proceeds to a bona fide California non - profit organization, in good standing, that focuses on informing and educating members of the general public about the environmental benefits of solar -generated electricity and/or provides outreach, education, and training on the installation and maintenance of solar panels and equipment.

Non-profit organizations, including without limitation to labor and /or environmental organizations, that are located in the City of Moreno Valley or which provide services to Moreno Valley residents shall be prioritized.

The Developer shall be responsible for establishing, funding and administering the Solar Advocacy Fund to ensure that the grant funds are properly used, and provide a hyperlink to information regarding the availability of the funds that the City that F.2.g
Packet Pg. 573 Attachment: Resolution - Accepting Community Benefits and Approving Park Agreement [Revision 3] (6209 : Moreno Valley Trade Center/Park) 4 may post on the City’s official website for interested parties to access information about the Fund.

7. Residential Air Filtration Reimbursement Program - $40,000 Prior to the issuance of the first building permit for the Project, the Developer shall establish a trust account or escrow account in which Developer shall deposit $40,000 for the purpose of paying up to 90% of a Moreno Valley’s homeowner's cost of purchasing and installing non-portable air filtration systems including any necessitated HVAC modification, not exceeding $5,000 per home, as follows:
(a) The homeowner’s home is an eligible home with the following address:
• 28572 Galino Court (APN: 478-400-041)
• 28602 Galino Court (APN: 478-400-016)
• 28608 Galino Court (APN: 478-400-017)
• 13020 Essen Lane (APN: 478-401-001)
• 13025 Gershwin Way (APN: 478-301-010)
• 13026 Gershwin Way (APN: 478-301-009)
• 13031 Mozart Way APN: 478-301-001)
• 28778 Strauss Lane (APN: 478-303-013)
• 28794 Strauss Lane (APN:478-303-012)
• 28810 Strauss Lane (APN: 478-303-011)
• 13031 Shubert Street (APN: 478-303-001); and
(b) The homeowner requests payment within five years of the commencement of grading or commencement of construction of the first warehouse building. In the event a homeowner has a household income less than 80% of the Area Median Income as determined by the Department of Housing and Urban Development, the Project Applicant shall pay 100% of the cost of the air filtration system, not exceeding $5,000 per home. The homeowner shall be permitted to select and contract with a contractor or installer of the homeowner’s choice.

The Developer shall mail notice of the Residential Air Filtration System Reimbursement Program via registered or certified mail to homeowners of record of the eligible homes prior to the issuance of the Project’s first grading or building permit and annually thereafter for four years. The notice shall identify the exact date when the five-year period starts and ends.

The Developer shall be responsible for establishing, funding and administering the Residential Air Filtration System Reimbursement Program to ensure that the reimbursement funds are properly used, and provide a hyperlink to information regarding the availability of the funds that the City that may post on the City’s official website for interested parties to access information about the Fund.

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Packet Pg. 574 Attachment: Resolution - Accepting Community Benefits and Approving Park Agreement [Revision 3] (6209 : Moreno Valley Trade Center/Park) 5 8. Residential Noise Insulation Reimbursement Program - $64,000 Prior to the issuance of the first building permit for the Project, the Developer shall establish a trust account or escrow account in which Developer shall deposit $64,000 for the purpose of paying up to 90% of a Moreno Valley’s homeowner's cost of purchasing and installing noise insulation measures, not exceeding $8,000 per home, as follows:
a. The homeowner’s home is an eligible home with the following address:
• 28572 Galino Court (APN: 478-400-041)
• 28602 Galino Court (APN: 478-400-016)
• 28608 Galino Court (APN: 478-400-017)
• 13020 Essen Lane (APN: 478-401-001)
• 13025 Gershwin Way (APN: 478-301-010)
• 13026 Gershwin Way (APN: 478-301-009)
• 13031 Mozart Way APN: 478-301-001)
• 28778 Strauss Lane (APN: 478-303-013)
• 28794 Strauss Lane (APN:478-303-012)
• 28810 Strauss Lane (APN: 478-303-011)
• 13031 Shubert Street (APN: 478-303-001), and
b. The homeowner requests payment within five years of the commencement of grading or commencement of construction of the first warehouse building.

In the event a homeowner has a household income less than 80% of the Area Median Income as determined by the Department of Housing and Urban Development, the Project Applicant shall pay 100% of the cost of the noise insulation, not exceeding $10,000 per home. The homeowner shall be permitted to select and contract with a contractor or installer of the homeowner’s choice.

The Developer shall mail notice of the Residential Noise Insulation Reimbursement Program via registered or certified mail to homeowners of record of the eligible homes prior to the issuance of the Project’s first grading or building permit and annually thereafter for four years. The notice shall identify the exact date when the five-year period starts and ends.

The Developer shall be responsible for establishing, funding and administering the Residential Noise Insulation Reimbursement Program to ensure that the reimbursement funds are properly used, and provide a hyperlink to information regarding the availability of the funds that the City that may post on the City ’s official website for interested parties to access information about the Fund.

9. Residential Exterior Pressure Washing Reimbursement Program - $4,000 Prior to the issuance of the first building permit for the Project, the Developer shall establish a trust account or escrow account in which Developer shall deposit $ F.2.g
Packet Pg. 575 Attachment: Resolution - Accepting Community Benefits and Approving Park Agreement [Revision 3] (6209 : Moreno Valley Trade Center/Park) 6 4,000 for the purpose of reimbursing each homeowner for exterior pressure washings of the first two rows of homes on the south side of Encelia Avenue up to $ 500 per house during any on-site or off-site grading activities, not exceeding a total sum of $4,000.

The Developer shall be responsible for establishing, funding and administering the Residential Exterior Pressure Washing Reimbursement Program to ensure that the reimbursement funds are properly used, and provide a hyperlink to information regarding the availability of the funds that the City that may post on the City ’s official website for interested parties to access information about the Fund.

10. Onsite EV Chargers and APU Plug-Ins
Prior to the issuance of the first Certificate of Occupancy for the Project, the Developer at its own cost shall install at a minimum, 12 onsite EV charging stations.

In addition, prior to the issuance of the first Certificate of Occupancy for the Project, the Developer shall install at its own cost at least one APU plug -in for every 35 dock doors at multiple locations within the Project Site where trucks park, with signage that identifies in English and Spanish where such APU plug-ins are located. Signage at each EV parking space shall also state that the EV parking space is for EVs only and improperly parked vehicles shall be towed.

11. LEED Silver Certification Standards
The Developer shall design the Project’s main building’s shell and core to meet the Leadership in Energy and Environmental Design (LEED)-equivalent “Silver” Certification standards. If the Developer advertises any building within the Project Site as having LEED Silver Certification, it shall apply for and obtain such certification prior to distributing or publishing any such advertisement. If LEED Silver Certification is granted, notice shall be provided to the City and any interested parties submitting a written request for proof of LEED Silver Certification.

12. Electrical Appliances
Only electric appliances shall be used in building office areas (e.g., electric stoves).

13. Diesel Powered Generators
The use of portable or stationary diesel powered generators shall be prohibited unless necessary due to emergency situations or constrained supply.

14. Construction Equipment
All construction equipment shall meet or be cleaner than Tier 4 standards, except if the general contractor overseeing the Project’s construction certifies that it is not F.2.g
Packet Pg. 576 Attachment: Resolution - Accepting Community Benefits and Approving Park Agreement [Revision 3] (6209 : Moreno Valley Trade Center/Park) 7 feasible to use exclusively Tier 4 equipment due to limited availability. In all events, at least 80% of all construction equipment shall meet or be cleaner than Tier 4 standards throughout the construction phase of the Project.

In the event that any portable or stationary diesel-powered construction equipment becomes available with improved emission control devices that reduce particulate matter emissions, including fine particulate matter, and reduces NOx emissions at commercially reasonable prices, and in sufficient quantities to be reasonably available, then the Developer may cause the use of such construction equipment.

Otherwise, no stationary or portable diesel-powered generators may be used, during construction, unless necessary due to emergency situations or constrained supply.

15. Lighting Program
The Developer shall establish a Lighting Program that incorporates the following:
(a) implements measures that are intended to reduce light and glare to maximum extent practicable; (b) implements a lighting program in compliance with International Dark Sky Association standards, except where doing so would violate safety requirements or federal, state, county or City regulations; (c) requires all exterior lighting, including street lights, to be 2,700 Kelvin; (d) commands the installation of motion sensors on all interior lighting consistent with applicable Title 24 regulations; (e) mandates the installation of full cut-off luminaries on all buildings and poles situated within the Project Site; (f) orders the posting of signs on-site stating that truck head lights shall be turned off within five minutes of truck parking; (g) requires all construction lighting to be shielded and directed away from the Project’s property lines; and (h) limits the height of all outdoor freestanding and wall-mounted lights to no more than 20 feet within 180 feet of the centerline of any public streets, except where doing so would violate safety requirements or any federal, state, county or City regulations.

16. Landscaping Requirements
The Developer shall plant at least 599 trees at the Project Site, consistent with the following:
a. Screening: Along the perimeter edges of the Project Site facing the existing residential neighborhood, it shall be developed to screen future buildings with walls, and/or landscaping. For all buildings along the perimeter edges of the Project Site, all buildings and roof mounted equipment shall be substantially screened by walls and/or landscaping which remains in a state of maturity and non -deciduous at all times of the year. “Substantially screened” means that while there might be some view of the buildings looking through the foliage, the buildings will be mostly obscured from view. b. Large Trees: At least 50% of the trees planted along the perimeter edges of the Project Site which face the existing residential neighborhood shall be F.2.g
Packet Pg. 577 Attachment: Resolution - Accepting Community Benefits and Approving Park Agreement [Revision 3] (6209 : Moreno Valley Trade Center/Park) 8 24-inch box trees.
c. Evergreen Trees: Evergreen trees, which include all species of decorative non- deciduous trees, shall constitute 95% of all 24-inch box trees planted along the perimeter edges of the Project Site which face the existing residential neighborhood. The 24-inch box evergreen trees shall be concentrated towards the higher topographic elevations within the perimeter edges of the Project Site to maximize screening.
d. Palm Trees: Palm trees may only be planted in accent areas only. e. Accent Elements: To the extent practicable, in order to create visual interest, site contours shall vary and accent elements, such as boulders, which shall be placed along the frontage of the perimeter edges of the Project Site facing the existing residential neighborhood. f. Layered Effect: Along the perimeter edges of the Project Site facing the existing residential neighborhood, trees shall be planted at varied depths from the Project Site’s property line so that instead of creating a uniform and linear appearance, the planted trees create a layering effect as viewed from adjacent streets so as to maximize screening of buildings. g. Maintenance: Trees shall be maintained in their natural form and shape with minimal pruning and all dead trees shall be promptly removed and replaced with similar type and size trees.
h. Parking Area Trees: Trees planted in the Project Site’s parking areas shall be capable of achieving 50% shading within ten years of planting. i. Invasive Non-Native Vegetation: Invasive non-native vegetation, such as certain grasses, shrubs, and sub-shrubs shall be removed from the Project Site as part of the Project’s regular landscaping services. j. Entire Site. Evergreen trees, which include all species of decorative nondeciduous trees, shall constitute 50% of all trees planted within the Project Site.

17. Trucks:
a. Drive Aisle Walls: All portions of truck circulation drive aisles that are visible from any existing home within 1,000 feet of the perimeter edges of the Project Site shall be shielded by walls at least 14 feet high, upon approval of the City to ensure no traffic safety issues are created. In no case, however, shall any such walls be lower than 12 feet high. b. Turning Measures: The Developer shall design and install on -site physical F.2.g
Packet Pg. 578 Attachment: Resolution - Accepting Community Benefits and Approving Park Agreement [Revision 3] (6209 : Moreno Valley Trade Center/Park) 9 improvements, including but not limited to curbs, street humps, street bumps or textured pavement, approved by the City, that discourage truck operators from turning their trucks in the wrong direction when entering or leaving the Project Site.
c. Directional Signage: The Developer shall install on-site signage clearly stating which directions trucks must turn at all streets exiting the Project Site.

18. Construction Activities:
a. No nighttime grading or outside construction between 6:00 p.m. and 7:00 a.m. shall be conducted within 1,000 feet of any existing home across the street along the perimeter edge of the Project Site, except if necessary for concrete pours.
b. The Developer shall provide notice to residents within 100 feet of any portion of the perimeter edge of the Project Site, at least one week prior to construction between 6:00 p.m. and 7:00 a.m.
c. Construction trucks shall be prohibited from using Encelia Street., other than for infrastructure construction or necessary detours. d. Lunch vendor services shall be provided on-site during the construction phase of the construction phase of the Project.

19. Parking:
a. The Project shall include preferential parking for carpools and vanpools equal to 5% of the total number of on-site parking spaces. b. The Project shall include designated parking spaces for motorcycles. c. The Project shall provide sufficient on-site truck parking within the on-site parking areas to enable all trucks reasonably expected to visit the Project to park on-site (as determined by a qualified transportation engineer).

20. Rooftops:

Warehouse roof areas not covered by solar panels shall be constructed with materials with an initial installation Solar Reflective Index Value of not less than 39.

21. Trash Removal:

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Packet Pg. 579 Attachment: Resolution - Accepting Community Benefits and Approving Park Agreement [Revision 3] (6209 : Moreno Valley Trade Center/Park) 10 Trash removal within and along all perimeter edges of the Project Site shall occur at least weekly or within three business day of receipt of notification to any occupant of the Project or the Project’s management or community ombudsman.

22. Signage:

Developer agrees to augment the sign prohibiting truck traffic southbound on Redlands (said sign currently located at the NW corner of Eucalyptus and Redlands) to a larger size and more prominent design, subject to review and approval by City staff.

23. Backup Alarms:

To reduce noise associated with the use of backup alarms, either ambientsensitive self-adjusting backup alarms or manually adjustable alarms shall be used on all equipment in use on the project site that requires a backup alarm. Ambientsensitive self-adjusting backup alarms shall be equipped to increase or decrease their volume based on background noise levels by self-adjusting to produce a tone that is readily noticeable over ambient noise levels, which is typically a minimum of 5 decibels above the ambient noise, but not so loud as to be a constant annoyance to neighbors. Close attention shall be given to the alarm’s mounting location on the machine in order to minimize engine noise interference, which can be sensed by the alarm as the ambient noise level. An alarm mounted directly behind a machine radiator shall be equipped to sense the cooling fan’s noise and adjust accordingly. If ambient backup alarms are utilized, a log shall be maintained that describes the type and timing of maintenance of each piece of equipment that is essential to the effective operation of the ambient backup alarm system. If manually-adjustable alarms are used, which eliminates the machine mounting location problem of the ambient-sensitive self-adjustable backup alarms, each such alarm shall be set at the beginning of each day and night shift. If manual backup alarms are utilized, a log shall be maintained that describes the type and timing of maintenance of each piece of equipment that is essential to the effective operation of the manual backup alarm system. Alternatively, backup movements can be supervised with a guide and flagging system if permitted under applicable OSHA regulations. If a flagging system is used, a log shall be maintained that describes the type of equipment used, if any, and the name of each flag person.

All Logs shall be retained for a minimum of 12-months and be readily available to the City of Moreno Valley for inspection purposes during normal business hours.

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Packet Pg. 580 Attachment: Resolution - Accepting Community Benefits and Approving Park Agreement [Revision 3] (6209 : Moreno Valley Trade Center/Park)

MVTC,LLC
901 Via Piemonte, Suite 175
Ontario, CA 91764

VIA FEDERAL EXPRESS AND
E-MAIL - [email protected]
June 14, 2022
Honorable Mayor and Members of the City Council
City of Moreno Valley
14177 Frederick Street
P.O. Box 88005
Moreno Valley, California 92553
Re: Moreno Valley Community Foundation
Dear Honorable Mayor and Members of the City Council:

I am writing to you regarding Hillwood's proposed "Moreno Valley Trade Center" project located south of Eucalyptus A venue, west of Redlands Boulevard, north of Encelia A venue, and east of the Quincy Channel, in the eastern portion of Moreno Valley, California. This letter supersedes all other letters written by us regarding the subject.

Hillwood is desirous of creating community benefits in connection with implementation of Hillwood's proposed project in Moreno Valley.

The purpose of this letter is to advise you that Hill wood would be pleased to make a $500,000 contribution to the Foundation at the time that our project entitlements become final and nonappealable. This contribution would be made in furtherance of Hillwood's partnership with the Moreno Valley community.

Very truly yours,

MTVC, LLC,
a Delaware limited liability company
By ;;Jt
Scott Morse
Executive Vice President
H748-023 -- 4212230.1
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Packet Pg. 581 Attachment: Resolution - Accepting Community Benefits and Approving Park Agreement [Revision 3] (6209 : Moreno Valley Trade Center/Park)

MVTC, LLC
901 Via Piemonte, Suite 175
Ontario, CA 91764
April 13, 2023
Via Email Delivery
Mr. Mike Lee, City Manager
City of Moreno Valley
14177 Frederick Street
Moreno Valley, CA 92553
RE: Hillwood Project: Moreno Valley Trade Center
Dear Mike,

By this letter, Moreno Valley Trade Center, LLC is offering the following enhancements to the Moreno Valley Trade Center Project, subject to the Project being approved and the approval being final and non-appealable:

1. MVTC will donate $1,000,000 of annual revenue to the Moreno Valley Community Foundation for the first fifteen years of the project. The first annual payment will be made twelve months following the first certificate of occupancy for the project.

2. MVTC will donate a one-time payment of $15,000,000 to the Moreno Valley Community Foundation upon the first certificate of occupancy.

3. MVTC will restrict the height of the building to 60 feet from the 100 feet previously studied, substantially reducing the mass of the building and its impact on the environment.

2. MVTC will agree to exclusively market the project for manufacturing uses for a period of one year after City Council approval.

3. MVTC will agree to add a community youth center to the park it has previously proposed. The youth center will be approximately 9,000 square feet with classrooms, multi-purpose rooms, and offices.

4. MVTC will name the previously proposed park the “Kawhi Leonard Youth Park”.

5. MVTC will partner with the Kawhi Leonard Foundation or Kawhi Leonard Academy to provide youth programs for the residents of Moreno Valley. In this effort, MVTC will donate $250,000 to Kawhi Leonard’s Academy to facilitate such programs.

6. MVTC will construct two mega tesla charger stations onsite to help speed up the adoption of electric vehicle trucks. With the first such installation in the region, this will position Moreno Valley at the forefront of early adoption of electric truck technology.

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Packet Pg. 582 Attachment: Resolution - Accepting Community Benefits and Approving Park Agreement [Revision 3] (6209 : Moreno Valley Trade Center/Park) Mr. Mike Lee
City of Moreno Valley
April 13, 2023
Please let me know if there is anything further that we need to do to present this offer to the City Council.

Very truly yours,

MTVC, LLC,
a Delaware limited liability company
By: _______________________________
Scott Morse
Executive Vice President
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Packet Pg. 583 Attachment: Resolution - Accepting Community Benefits and Approving Park Agreement [Revision 3] (6209 : Moreno Valley Trade Center/Park) 1 EXHIBIT B

COMMUNITY PARK ACQUISITION AND IMPROVEMENT AGREEMENT
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Packet Pg. 593 Attachment: Resolution - Accepting Community Benefits and Approving Park Agreement [Revision 3] (6209 : Moreno Valley Trade Center/Park) ID#5558 Page 1

PLANNING COMMISSION

STAFF REPORT
Meeting Date: October 28, 2021

MORENO VALLEY TRADE CENTER, A PROPOSED GENERAL PLAN AMENDMENT, CHANGE OF ZONE, TENTATIVE PARCEL MAP 37836 TO MERGE 11 PARCELS INTO 1 PARCEL, AND PLOT PLAN FOR AN APPROXIMATELY 1,328,853 SQUARE

FOOT WAREHOUSE/DISTRIBUTION BUILDING
Case: PEN19-0191 General Plan Amendment
PEN19-0192 Change of Zone
PEN19-0234 Tentative Parcel Map 37836
PEN19-0193 Plot Plan
Applicant: MVTC, LLC, a Delaware limited liability company Property Owner: MV Eucalyptus, LLC, MV 2778, LLC, BC MV Land, LLC, Suthep Charoonratana and Vena Charoonratana, and Adam
Hall and Michelle Hall
Representative: David Slawson of Winchester & Associates, Inc.

Location: South of Eucalyptus Avenue, north of Encelia Avenue, east of Quincy Street, and west of Redlands Boulevard
Case Planner: Gabriel Diaz
Council District: 3
Proposal: The applicant requests approval of the following entitlements for an 80.04 acre site: 1) PEN19-0191 General Plan
Amendment from Residential 2 (R2) to Business Park (BP); 2) PEN19-0192 Change of Zone amending the City of Moreno
Valley Zoning Atlas to rezone the Project Site from Residential Agriculture 2 (RA2) to Light Industrial (LI) and to remove the Project Site’s “Primary Animal Keeping Overlay (PAKO)”
overlay classification; 3) PEN19-0234 Tentative Parcel Map 37836 to merge 11 parcels into 1 parcel; and 4) Plot Plan for F.2.h
Packet Pg. 594 Attachment: Planning Commission October 28, 2022 Staff Report Without Attachments (All attachments may be obtained at