Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
Biological Resources
Threshold a & d: There is
potential for the Project to
impact protected nesting
birds and migratory birds.
MM BR-1: As a condition of
approval for all grading permits,
vegetation clearing and ground
disturbance shall be prohibited
during the migratory bird nesting
season (February 1 through
September 15), unless a migratory
bird nesting survey is completed in
accordance with the following
requirements:
a) A migratory nesting bird survey of
the project’s impact footprint shall
be conducted by a qualified
biologist within (3) days prior to
initiating vegetation clearing or
ground disturbance.
b) A copy of the migratory nesting
bird survey results report shall be
provided to the City of Moreno
Valley Planning Division. If the
survey identifies the presence of
active nests, then the qualified
biologist shall provide the City of
Moreno Valley Planning Division
with a copy of maps showing the
location of all nests and an
appropriate buffer zone around
each nest sufficient to protect the
nest from direct and indirect
impact. The size and location of
all buffer zones, if required, shall
be subject to review and approval
by the City of Moreno Valley
Planning Division and shall be no
less than a 300-foot radius
Project Biologist City of Moreno
Valley Planning
Division
Within three (3)
days prior to
initiating
vegetation
clearing or ground
disturbance
Less than
significant with
mitigation
incorporated
F.1.c
Packet Pg. 172
Attachment: Exhibit A to Resolution 2023-__ Cottonwood & Edgemont IS_MND (2023-02-09) (6240 : Master Cottonwood & Edgemont Project
City of Moreno Valley Mitigation Monitoring and Reporting Program
Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
around the nest for non-raptors
and a 500-foot radius around the
nest for raptors. The nests and
buffer zones shall be field
checked weekly by a qualified
biological monitor. The approved
buffer zone shall be marked in
the field with construction
fencing, within which no
vegetation clearing or ground
disturbance shall commence until
the qualified biologist and City
Planning Division verify that the
nests are no longer occupied and
the juvenile birds can survive
independentl
y from the nests.
Cultural Resources
Threshold a: There is
potential for buried
historical deposits to be
present on the Project
site.
Threshold b: There is
potential for significant
archaeological resources
to be unearthed during
ground-disturbing
activities associated with
Project construction.
MM CR-1: Prior to the issuance of a
grading permit, the Developer shall
retain a professional archaeologist to
conduct monitoring of all ground
disturbing activities. The Project
Archaeologist shall have the
authority to temporarily redirect
earthmoving activities in the event
that suspected archaeological
resources are unearthed during
Project construction. The Project
Archaeologist, in consultation with
the contractor and the City, shall
develop a CRMP as defined in
Mitigation Measure CR-3. The
Project Archaeologist shall attend
the pre-grading meeting with the
City, the construction manager and
any contractors and will conduct a
mandatory Cultural Resources
Worker Sensitivit
y Training to those
Project
Developer;
Project
Archaeologist
City of Moreno
Valley Planning
Division
Prior the issuance
of a grading
permit
Less than
significant with
mitigation
incorporated
F.1.c
Packet Pg. 173
Attachment: Exhibit A to Resolution 2023-__ Cottonwood & Edgemont IS_MND (2023-02-09) (6240 : Master Cottonwood & Edgemont Project
City of Moreno Valley Mitigation Monitoring and Reporting Program
Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
in attendance. The archaeological
monitor shall have the authority to
temporarily halt and redirect earth
moving activities in the affected area
in the event that suspected
archaeological resources are
unearthed
MM CR-3: The Project
Archaeologist, in consultation with
the Consulting Tribe(s), the
contractor, and the City, shall
develop a CRMP in consultation
pursuant to the definition in AB52 to
address the details, timing and
responsibility of all archaeological
and cultural activities that will occur
on the project site. A consulting Tribe
is defined as a Tribe that initiated the
AB 52 tribal consultation process for
the Project, has not opted out of the
AB52 consultation process, and has
completed AB 52 consultation with
the City as provided for in Cal Pub
Res Code Section 21080.3.2(b)(1) of
AB52. Details in the Plan shall
include:
a) Project description and location;
b) Project grading and development
scheduling;
c) Roles and responsibilities of
individuals on the Project;
d) The pre-grading meeting and
Cultural Resources Worker
Sensitivity Training details;
e) The protocols and stipulations
that the contractor, City,
Consultin
g Tribe (s) and Pro ject
Project
Archaeologist
City of Moreno
Valley Planning
Division
Prior the issuance
of a grading
permit
F.1.c
Packet Pg. 174
Attachment: Exhibit A to Resolution 2023-__ Cottonwood & Edgemont IS_MND (2023-02-09) (6240 : Master Cottonwood & Edgemont Project
City of Moreno Valley Mitigation Monitoring and Reporting Program
Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
archaeologist will follow in the
event of inadvertent cultural
resources discoveries, including
any newly discovered cultural
resource deposits that shall be
subject to a cultural resources
evaluation;
f) The type of recordation needed
for inadvertent finds and the
stipulations of recordation of
sacred items; and
g) Contact information of relevant
individuals for the Pro
ject.
MM CR-4: In the event that Native
American cultural resources are
discovered during the course of
ground disturbing activities
(inadvertent discoveries), the
following procedures shall be carried
out for final disposition of the
discoveries:
a) One or more of the following
treatments, in order of
preference, shall be employed
with the tribes. Evidence of such
shall be provided to the City of
Moreno Valley Planning
Department:
i. Preservation-In-Place of the
cultural resources, if feasible.
Preservation in place means
avoiding the resources, leaving
them in the place they were found
with no development affecting
the integrity of the resources.
Project
Developer;
Project
Archaeologist
City of Moreno
Valley Planning
Division
In the event that
Native American
cultural resources
are discovered
during the course
of grading
(inadvertent
discoveries)
F.1.c
Packet Pg. 175
Attachment: Exhibit A to Resolution 2023-__ Cottonwood & Edgemont IS_MND (2023-02-09) (6240 : Master Cottonwood & Edgemont Project
City of Moreno Valley Mitigation Monitoring and Reporting Program
Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
ii. Onsite reburial of the discovered
items as detailed in the treatment
plan required pursuant to
Mitigation Measure CR-1. This
shall include measures and
provisions to protect the future
reburial area from any future
impacts in perpetuity. Reburial
shall not occur until all legally
required cataloging and basic
recordation have been
completed. No recordation of
sacred items is permitted without
the written consent of all
Consulting Native American
Tribal Governments as defined in
Mitigation Measure CR-3 The
location for the future reburial
area shall be identified on a
confidential exhibit on file with the
City, and concurred to by the
Consulting Native American
Tribal Governments prior to
certification of the environmental
document.
MM CR-5: The City shall verify that
the following note is included on the
Grading Plan:
“If any suspected archaeological
resources are discovered during
ground –disturbing activities and the
Project Archaeologist or Native
American Tribal Representatives are
not present, the construction
supervisor is obligated to halt work in
a 100-foot radius around the find and
call the Pro
ject Archaeologist and the
Project
Developer;
Project
Archaeologist
City of Moreno
Valley Planning
Division and
Land
Development
Division
Prior to the
issuance of a
grading permit
F.1.c
Packet Pg. 176
Attachment: Exhibit A to Resolution 2023-__ Cottonwood & Edgemont IS_MND (2023-02-09) (6240 : Master Cottonwood & Edgemont Project
City of Moreno Valley Mitigation Monitoring and Reporting Program
Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
Tribal Representatives to the site to
assess the significance of the find."
MM CR-6: If potential historic or
cultural resources are uncovered
during excavation or construction
activities at the project site that were
not assessed by the archaeological
report(s) and/or environmental
assessment conducted prior to
Project approval, all ground
disturbing activities in the affected
area within 100 feet of the uncovered
resource must cease immediately
and a qualified person meeting the
Secretary of the Interior's standards
(36 CFR 61), Tribal Representatives,
and all site monitors per the
Mitigation Measures, shall be
consulted by the City to evaluate the
find, and as appropriate recommend
alternative measures to avoid,
minimize or mitigate negative effects
on the historic, or prehistoric
resource. Further ground
disturbance shall not resume within
the area of the discovery until an
agreement has been reached by all
parties as to the appropriate
mitigation. Work shall be allowed to
continue outside of the buffer area
and will be monitored by additional
archeologist and Tribal Monitors, if
needed. Determinations and
recommendations by the consultant
shall be immediately submitted to the
Planning Division for consideration,
and implemented as deemed
appropriate b
y the Communit y
Project
Developer;
Project
Archaeologist
City of Moreno
Valley Planning
Division
In the event that
cultural resources
are discovered
during the course
of grading
(inadvertent
discoveries)
F.1.c
Packet Pg. 177
Attachment: Exhibit A to Resolution 2023-__ Cottonwood & Edgemont IS_MND (2023-02-09) (6240 : Master Cottonwood & Edgemont Project
City of Moreno Valley Mitigation Monitoring and Reporting Program
Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
Development Director, in
consultation with the State Historic
Preservation Officer (SHPO) and any
and all Consulting Native American
Tribes as defined in CR-2 before any
further work commences in the
affected area. If the find is
determined to be significant and
avoidance of the site has not been
achieved, a Phase III data recovery
plan shall be prepared by the Project
Archeologist, in consultation with the
Tribe, and shall be submitted to the
City for their review and approval
prior to implementation of the said
plan.
MM CR-7: If human remains are
discovered, no further disturbance
shall occur in the affected area until
the County Coroner has made
necessary findings as to origin. If the
County Coroner determines that the
remains are potentially Native
American, the California Native
American Heritage Commission
shall be notified within 24 hours of
the published finding to be given a
reasonable opportunity to identify the
“most likely descendant”. The “most
likely descendant” shall then make
recommendations, and engage in
consultations concerning the
treatment of the remains (California
Public Resources Code 5097.98
)
Project
Construction
Contractor,
County Coroner
City of Moreno
Valley Planning
Division and
Land
Development
Division
If human remains
are discovered
MM CR-8: It is understood by all
parties that unless otherwise
required by law, the site of any
reburial of Native American human
Project
Developer,
County Coroner
City of Moreno
Valley Planning
Division and
Land
If human remains
are discovered
F.1.c
Packet Pg. 178
Attachment: Exhibit A to Resolution 2023-__ Cottonwood & Edgemont IS_MND (2023-02-09) (6240 : Master Cottonwood & Edgemont Project
City of Moreno Valley Mitigation Monitoring and Reporting Program
Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
remains or associated grave goods
shall not be disclosed and shall not
be governed by public disclosure
requirements of the California Public
Records Act. The Coroner, pursuant
to the specific exemption set forth in
California Government Code 6254
(r)., parties, and Lead Agencies, will
be asked to withhold public
disclosure information related to
such reburial, pursuant to the
specific exemption set forth in
California Government Code 6254
(r).
Development
Division
MM CR-9: Prior to final inspection,
the developer/permit holder shall
prompt the Project Archeologist to
submit two (2) copies of the Phase III
Data Recovery report (if required for
the Project) and the Phase IV
Cultural Resources Monitoring
Report that complies with the
Community Development
Department's requirements for such
reports. The Phase IV report shall
include evidence of the required
cultural/historical sensitivity training
for the construction staff held during
the pre-grade meeting. The
Community Development
Department shall review the reports
to determine adequate mitigation
compliance. Provided the reports are
adequate, the Community
Development Department shall clear
this condition. Once the report(s) are
determined to be adequate, two (2)
copies shall be submitted to the
Project
Developer;
Project
Archaeologist
City of Moreno
Valley Planning
Division and
Land
Development
Division
Prior to final
inspection
F.1.c
Packet Pg. 179
Attachment: Exhibit A to Resolution 2023-__ Cottonwood & Edgemont IS_MND (2023-02-09) (6240 : Master Cottonwood & Edgemont Project
City of Moreno Valley Mitigation Monitoring and Reporting Program
Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
Eastern Information Center (EIC) at
the University of California Riverside
(UCR) and one (1) copy shall be
submitted to the Consulting Tribe(s)
Cultural Resources Department
(s).
Geology and Soils
Threshold f: There is
potential for Project-
related grading activities
to uncover and impact
paleontological resources.
MM GEO-1: Prior to the issuance of
a grading permit, the Project
Applicant shall prov ide evidence to
the City of Moreno Valley that a
qualified paleontologist has been
retained by the Project Applicant to
conduct monitoring of excavation
activities and has the authority to halt
and redirect earthmoving activities in
the event that suspected
paleontological resources are
unearthed.
Project
Applicant;
Project
Construction
Contractor;
Project
Paleontologist
City of Moreno
Valley Planning
Division
Prior to the
issuance of a
grading permit
Less than
significant with
mitigation
incorporated
MM GEO-2: The paleontological
monitor shall conduct full-time
monitoring during mass grading,
trenching, and excavation operations
in undisturbed, very old alluvial fan
sediments that occur at depths
between 1-5 feet below the existing
ground surface on the Project Site.
The paleontological monitor shall be
equipped to salvage fossils if they
are unearthed to avoid construction
delays and to remove samples of
sediments that are likely to contain
the remains of small fossil
invertebrates and vertebrates. The
paleontological monitor shall be
empowered to temporarily halt or
divert equipment to allow of removal
of abundant and large specimens in
a timel
y manner. Monitoring may be
Project
Applicant;
Project
Construction
Contractor;
Project
Paleontologist
City of Moreno
Valley Planning
Division
Concurrent with
grading activities
F.1.c
Packet Pg. 180
Attachment: Exhibit A to Resolution 2023-__ Cottonwood & Edgemont IS_MND (2023-02-09) (6240 : Master Cottonwood & Edgemont Project
City of Moreno Valley Mitigation Monitoring and Reporting Program
Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
reduced if the potentially fossiliferous
units are not present in the
subsurface, or if present, are
determined upon exposure and
examination by qualified
paleontological personnel to have a
low potential to contain or yield fossil
resources.
MM GEO-3: Recovered specimens
shall be properly prepared to a point
of identification and permanent
preservation, including screen
washing sediments to recover small
invertebrates and vertebrates, if
necessary. Identification and
curation of specimens into a
professional, accredited public
museum repository with a
commitment to archival conservation
and permanent retrievable storage,
such as the Western Science
Museum in Hemet, California, is
required for si
gnificant discoveries.
Project
Applicant;
Project
Construction
Contractor;
Project
Paleontologist
City of Moreno
Valley Planning
Division
Prior to grading
permit final
inspection
MM GEO-4: A final monitoring and
mitigation report of findings and
significance shall be prepared,
including lists of all fossils recovered,
if any, and necessary maps and
graphics to accurately record the
original location of the specimens.
The report shall be submitted to the
City of Moreno Valley prior to
buildin
g final.
Project
Applicant;
Project
Construction
Contractor;
Project
Paleontologist
City of Moreno
Valley Planning
Division
Prior to building
final
F.1.c
Packet Pg. 181
Attachment: Exhibit A to Resolution 2023-__ Cottonwood & Edgemont IS_MND (2023-02-09) (6240 : Master Exhibit B
NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION /
NEWSPAPER NOTICE
F.1.u
Packet Pg. 182
Attachment: Exhibit B to Resolution 2023-__ NOI (6240 : Master Plot Plan, a Plot Plan and a Tentative Parcel Map)
CITY OF MORENO VALLEY
NOTICE OF INTENT TO ADOPT A
MITIGATED NEGATIVE DECLARATION
NOTICE IS HEREBY GIVEN that the City of Moreno Valley is considering a recommendation that the project herein identified will have no significant environmental impact in compliance with Section 15070 of the CEQA guidelines. A copy of the MITIGATED NEGATIVE DECLARATION and the EN VIRONMENTAL CHECKLIST, which supports the proposed findings, are on file at the City of Moreno Valley.
Project: Plot Plans (PEN21-0325, PEN21-0326)
Tentative Parcel Map 38325 (PEN21-0327)
Applicant: C DRE Holdings 21 LLC
Property Owners: C DRE Holdings 21 LLC
APNs: 263-190-012, 014 through 019, and 036
Location: East side of Old 215 Frontage Road south of Cottonwood Avenue Proposal: The applicant is requesting approval of the following entitlement s: 1) Master Plot Plan/Building 1 (PEN21-0325), Plot Plan Building 2 (PEN21- 0326), and Tentative Parcel Map No. 38325 (PEN21-0327) for the development of two (2) approximately 49,815 square foot light industrial buildings with associated improvements on 7.94 acres in the Business Park (BP) District.
Council District: 1
This Notice of Intent (NOI) has been prepared to notify agencies and interested parties that the City of Moreno Valley as the Lead Agency has prepared an Initial Study/Mitigated Negative Declaration (IS/MND) pursuant to the requirements of the California Environmental Quality Act (CEQA) to evaluate the potential environmental impacts associated with construction and operation of the project as described below.
Project Description: The Cottonwood & Edgemont Project comprises a proposal for a Master Plot Plan (PEN21-0325), Plot Plan (PEN21-0326), and Tentative Parcel Map No. 38325 (PEN21- 0327) to allow for the development of two (2) light industrial buildings with a total combined building floor area of 99,630 square feet (s.f.) on an approximately 7.94- gross-acre property (6.88 net acres). The Project would include cargo loading areas at each building (within an enclosed truck court with loading docks on the eastern sides of the proposed buildings), parking areas, landscaping, signage, and lighting.
The Project site is not included on any list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.
Document Availability: The Initial Study/Mitigated Negative Declaration, and all documents incorporated and/or referenced therein, can be reviewed during normal business hours (7:30 a.m. to 5:30 p.m., Monday through Thursday and Friday, 7:30 a.m. to 4:30 p.m.) at the City of Moreno Valley Planning Division counter, located at 14177 Frederick Street, Moreno Valley, CA 92553. The documents may also be reviewed on the City’s website at http://www.moreno-valley.ca.us/cdd/documents/about-projects.html Potential Environmental Impacts: The City of Moreno Valley has prepared an Initial Study to determine the environmental effects associated with the above actions and finds the issuance of a Mitigated Negative Declaration is the appropriate level of environmental review. The Initial Study/Mitigated Negative Declaration concludes that all potentially significant impacts of the Project would be mitigated to a less than significant level.
Comment Deadline: Pursuant to Section 15105(b) of the CEQA Guidelines, the City has established a 20- day public review period for the Initial Study/Mitigated Negative Declaration which begins February 9, 2023, and ends March 1, 2023. Written comments on the Initial Study/Mitigated Negative Declaration must be received at the City of Moreno Valley Community Development Department by no later than the conclusion of the 20- day review period, 5:30 p.m. on March 1, 2023. Written comments on the Initial Study/Mitigated Negative Declaration should be addressed to:
Julia Descoteaux, Senior Planner
14177 Frederick Street
Post Office Box 88005
Moreno Valley, California 92552 Phone: (951) 413-3206
Email: [email protected]
Press-Enterprise February 9, 2023
Sean Kelleher Newspaper Date of Publication
Planning Official
Community Development Department
F.1.u
Packet Pg. 183
Attachment: Exhibit B to Resolution 2023-__ NOI (6240 : Master Plot Plan, a Plot Plan and a Tentative Parcel Map)
Exhibit C
MITIGATION MONITORING AND REPORTING PROGRAM
F.1.v
Packet Pg. 184
Attachment: Exhibit C to Resolution 2023-__ MMRP (6240 : Master Plot Plan, a Plot Plan and a Tentative Parcel Map)
Mitigation Monitoring and Report Program (MMRP)
Cottonwood & Edgemont Project
Moreno Valley, California
Lead Agency
City of Moreno Valley
14177 Frederick Street
Moreno Valley, CA 92552
Applicant
CDRE Holdings 21 LLC
523 Main Street
El Segundo, CA 90245
CEQA Consultant
T&B Planning, Inc.
3200 El Camino Real, Suite 100
Irvine, CA 92602
Lead Agency Discretionary Permits
Master Plot Plan (PEN21-0325)
Plot Plan (PEN20-0326)
Tentative Parcel Map (PEN20-0327)
February 2023
F.1.v
Packet Pg. 185
Attachment: Exhibit C to Resolution 2023-__ MMRP (6240 : Master Plot Plan, a Plot Plan and a Tentative Parcel Map) Cottonwood & Edgemont Project
City of Moreno Valley Mitigation Monitoring and Reporting Program
Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
Biological Resources
Threshold a & d: There is
potential for the Project to
impact protected nesting
birds and migratory birds.
MM BR-1: As a condition of
approval for all grading permits,
vegetation clearing and ground
disturbance shall be prohibited
during the migratory bird nesting
season (February 1 through
September 15), unless a migratory
bird nesting survey is completed in
accordance with the following
requirements:
a) A migratory nesting bird survey of
the project’s impact footprint shall
be conducted by a qualified
biologist within (3) days prior to
initiating vegetation clearing or
ground disturbance.
b) A copy of the migratory nesting
bird survey results report shall be
provided to the City of Moreno
Valley Planning Division. If the
survey identifies the presence of
active nests, then the qualified
biologist shall provide the City of
Moreno Valley Planning Division
with a copy of maps showing the
location of all nests and an
appropriate buffer zone around
each nest sufficient to protect the
nest from direct and indirect
impact. The size and location of
all buffer zones, if required, shall
be subject to review and approval
by the City of Moreno Valley
Planning Division and shall be no
less than a 300-foot radius
Project Biologist City of Moreno
Valley Planning
Division
Within three (3)
days prior to
initiating
vegetation
clearing or ground
disturbance
Less than
significant with
mitigation
incorporated
F.1.v
Packet Pg. 186
Attachment: Exhibit C to Resolution 2023-__ MMRP (6240 : Master Plot Plan, a Plot Plan and a Tentative Cottonwood & Edgemont Project
City of Moreno Valley Mitigation Monitoring and Reporting Program
Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
around the nest for non-raptors
and a 500-foot radius around the
nest for raptors. The nests and
buffer zones shall be field
checked weekly by a qualified
biological monitor. The approved
buffer zone shall be marked in
the field with construction
fencing, within which no
vegetation clearing or ground
disturbance shall commence until
the qualified biologist and City
Planning Division verify that the
nests are no longer occupied and
the juvenile birds can survive
independentl
y from the nests.
Cultural Resources
Threshold a: There is
potential for buried
historical deposits to be
present on the Project
site.
Threshold b: There is
potential for significant
archaeological resources
to be unearthed during
ground-disturbing
activities associated with
Project construction.
MM CR-1: Prior to the issuance of a
grading permit, the Developer shall
retain a professional archaeologist to
conduct monitoring of all ground
disturbing activities. The Project
Archaeologist shall have the
authority to temporarily redirect
earthmoving activities in the event
that suspected archaeological
resources are unearthed during
Project construction. The Project
Archaeologist, in consultation with
the contractor and the City, shall
develop a CRMP as defined in
Mitigation Measure CR-3. The
Project Archaeologist shall attend
the pre-grading meeting with the
City, the construction manager and
any contractors and will conduct a
mandatory Cultural Resources
Worker Sensitivit
y Training to those
Project
Developer;
Project
Archaeologist
City of Moreno
Valley Planning
Division
Prior the issuance
of a grading
permit
Less than
significant with
mitigation
incorporated
F.1.v
Packet Pg. 187
Attachment: Exhibit C to Resolution 2023-__ MMRP (6240 : Master Plot Plan, a Plot Plan and a Tentative Cottonwood & Edgemont Project
City of Moreno Valley Mitigation Monitoring and Reporting Program
Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
in attendance. The archaeological
monitor shall have the authority to
temporarily halt and redirect earth
moving activities in the affected area
in the event that suspected
archaeological resources are
unearthed
MM CR-3: The Project
Archaeologist, in consultation with
the Consulting Tribe(s), the
contractor, and the City, shall
develop a CRMP in consultation
pursuant to the definition in AB52 to
address the details, timing and
responsibility of all archaeological
and cultural activities that will occur
on the project site. A consulting Tribe
is defined as a Tribe that initiated the
AB 52 tribal consultation process for
the Project, has not opted out of the
AB52 consultation process, and has
completed AB 52 consultation with
the City as provided for in Cal Pub
Res Code Section 21080.3.2(b)(1) of
AB52. Details in the Plan shall
include:
a) Project description and location;
b) Project grading and development
scheduling;
c) Roles and responsibilities of
individuals on the Project;
d) The pre-grading meeting and
Cultural Resources Worker
Sensitivity Training details;
e) The protocols and stipulations
that the contractor, City,
Consultin
g Tribe (s) and Pro ject
Project
Archaeologist
City of Moreno
Valley Planning
Division
Prior the issuance
of a grading
permit
F.1.v
Packet Pg. 188
Attachment: Exhibit C to Resolution 2023-__ MMRP (6240 : Master Plot Plan, a Plot Plan and a Tentative Cottonwood & Edgemont Project
City of Moreno Valley Mitigation Monitoring and Reporting Program
Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
archaeologist will follow in the
event of inadvertent cultural
resources discoveries, including
any newly discovered cultural
resource deposits that shall be
subject to a cultural resources
evaluation;
f) The type of recordation needed
for inadvertent finds and the
stipulations of recordation of
sacred items; and
g) Contact information of relevant
individuals for the Pro
ject.
MM CR-4: In the event that Native
American cultural resources are
discovered during the course of
ground disturbing activities
(inadvertent discoveries), the
following procedures shall be carried
out for final disposition of the
discoveries:
a) One or more of the following
treatments, in order of
preference, shall be employed
with the tribes. Evidence of such
shall be provided to the City of
Moreno Valley Planning
Department:
i. Preservation-In-Place of the
cultural resources, if feasible.
Preservation in place means
avoiding the resources, leaving
them in the place they were found
with no development affecting
the integrity of the resources.
Project
Developer;
Project
Archaeologist
City of Moreno
Valley Planning
Division
In the event that
Native American
cultural resources
are discovered
during the course
of grading
(inadvertent
discoveries)
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Attachment: Exhibit C to Resolution 2023-__ MMRP (6240 : Master Plot Plan, a Plot Plan and a Tentative Cottonwood & Edgemont Project
City of Moreno Valley Mitigation Monitoring and Reporting Program
Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
ii. Onsite reburial of the discovered
items as detailed in the treatment
plan required pursuant to
Mitigation Measure CR-1. This
shall include measures and
provisions to protect the future
reburial area from any future
impacts in perpetuity. Reburial
shall not occur until all legally
required cataloging and basic
recordation have been
completed. No recordation of
sacred items is permitted without
the written consent of all
Consulting Native American
Tribal Governments as defined in
Mitigation Measure CR-3 The
location for the future reburial
area shall be identified on a
confidential exhibit on file with the
City, and concurred to by the
Consulting Native American
Tribal Governments prior to
certification of the environmental
document.
MM CR-5: The City shall verify that
the following note is included on the
Grading Plan:
“If any suspected archaeological
resources are discovered during
ground –disturbing activities and the
Project Archaeologist or Native
American Tribal Representatives are
not present, the construction
supervisor is obligated to halt work in
a 100-foot radius around the find and
call the Pro
ject Archaeologist and the
Project
Developer;
Project
Archaeologist
City of Moreno
Valley Planning
Division and
Land
Development
Division
Prior to the
issuance of a
grading permit
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Attachment: Exhibit C to Resolution 2023-__ MMRP (6240 : Master Plot Plan, a Plot Plan and a Tentative Cottonwood & Edgemont Project
City of Moreno Valley Mitigation Monitoring and Reporting Program
Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
Tribal Representatives to the site to
assess the significance of the find."
MM CR-6: If potential historic or
cultural resources are uncovered
during excavation or construction
activities at the project site that were
not assessed by the archaeological
report(s) and/or environmental
assessment conducted prior to
Project approval, all ground
disturbing activities in the affected
area within 100 feet of the uncovered
resource must cease immediately
and a qualified person meeting the
Secretary of the Interior's standards
(36 CFR 61), Tribal Representatives,
and all site monitors per the
Mitigation Measures, shall be
consulted by the City to evaluate the
find, and as appropriate recommend
alternative measures to avoid,
minimize or mitigate negative effects
on the historic, or prehistoric
resource. Further ground
disturbance shall not resume within
the area of the discovery until an
agreement has been reached by all
parties as to the appropriate
mitigation. Work shall be allowed to
continue outside of the buffer area
and will be monitored by additional
archeologist and Tribal Monitors, if
needed. Determinations and
recommendations by the consultant
shall be immediately submitted to the
Planning Division for consideration,
and implemented as deemed
appropriate b
y the Communit y
Project
Developer;
Project
Archaeologist
City of Moreno
Valley Planning
Division
In the event that
cultural resources
are discovered
during the course
of grading
(inadvertent
discoveries)
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Attachment: Exhibit C to Resolution 2023-__ MMRP (6240 : Master Plot Plan, a Plot Plan and a Tentative Cottonwood & Edgemont Project
City of Moreno Valley Mitigation Monitoring and Reporting Program
Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
Development Director, in
consultation with the State Historic
Preservation Officer (SHPO) and any
and all Consulting Native American
Tribes as defined in CR-2 before any
further work commences in the
affected area. If the find is
determined to be significant and
avoidance of the site has not been
achieved, a Phase III data recovery
plan shall be prepared by the Project
Archeologist, in consultation with the
Tribe, and shall be submitted to the
City for their review and approval
prior to implementation of the said
plan.
MM CR-7: If human remains are
discovered, no further disturbance
shall occur in the affected area until
the County Coroner has made
necessary findings as to origin. If the
County Coroner determines that the
remains are potentially Native
American, the California Native
American Heritage Commission
shall be notified within 24 hours of
the published finding to be given a
reasonable opportunity to identify the
“most likely descendant”. The “most
likely descendant” shall then make
recommendations, and engage in
consultations concerning the
treatment of the remains (California
Public Resources Code 5097.98
)
Project
Construction
Contractor,
County Coroner
City of Moreno
Valley Planning
Division and
Land
Development
Division
If human remains
are discovered
MM CR-8: It is understood by all
parties that unless otherwise
required by law, the site of any
reburial of Native American human
Project
Developer,
County Coroner
City of Moreno
Valley Planning
Division and
Land
If human remains
are discovered
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Attachment: Exhibit C to Resolution 2023-__ MMRP (6240 : Master Plot Plan, a Plot Plan and a Tentative Cottonwood & Edgemont Project
City of Moreno Valley Mitigation Monitoring and Reporting Program
Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
remains or associated grave goods
shall not be disclosed and shall not
be governed by public disclosure
requirements of the California Public
Records Act. The Coroner, pursuant
to the specific exemption set forth in
California Government Code 6254
(r)., parties, and Lead Agencies, will
be asked to withhold public
disclosure information related to
such reburial, pursuant to the
specific exemption set forth in
California Government Code 6254
(r).
Development
Division
MM CR-9: Prior to final inspection,
the developer/permit holder shall
prompt the Project Archeologist to
submit two (2) copies of the Phase III
Data Recovery report (if required for
the Project) and the Phase IV
Cultural Resources Monitoring
Report that complies with the
Community Development
Department's requirements for such
reports. The Phase IV report shall
include evidence of the required
cultural/historical sensitivity training
for the construction staff held during
the pre-grade meeting. The
Community Development
Department shall review the reports
to determine adequate mitigation
compliance. Provided the reports are
adequate, the Community
Development Department shall clear
this condition. Once the report(s) are
determined to be adequate, two (2)
copies shall be submitted to the
Project
Developer;
Project
Archaeologist
City of Moreno
Valley Planning
Division and
Land
Development
Division
Prior to final
inspection
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Attachment: Exhibit C to Resolution 2023-__ MMRP (6240 : Master Plot Plan, a Plot Plan and a Tentative Cottonwood & Edgemont Project
City of Moreno Valley Mitigation Monitoring and Reporting Program
Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
Eastern Information Center (EIC) at
the University of California Riverside
(UCR) and one (1) copy shall be
submitted to the Consulting Tribe(s)
Cultural Resources Department
(s).
Geology and Soils
Threshold f: There is
potential for Project-
related grading activities
to uncover and impact
paleontological resources.
MM GEO-1: Prior to the issuance of
a grading permit, the Project
Applicant shall prov ide evidence to
the City of Moreno Valley that a
qualified paleontologist has been
retained by the Project Applicant to
conduct monitoring of excavation
activities and has the authority to halt
and redirect earthmoving activities in
the event that suspected
paleontological resources are
unearthed.
Project
Applicant;
Project
Construction
Contractor;
Project
Paleontologist
City of Moreno
Valley Planning
Division
Prior to the
issuance of a
grading permit
Less than
significant with
mitigation
incorporated
MM GEO-2: The paleontological
monitor shall conduct full-time
monitoring during mass grading,
trenching, and excavation operations
in undisturbed, very old alluvial fan
sediments that occur at depths
between 1-5 feet below the existing
ground surface on the Project Site.
The paleontological monitor shall be
equipped to salvage fossils if they
are unearthed to avoid construction
delays and to remove samples of
sediments that are likely to contain
the remains of small fossil
invertebrates and vertebrates. The
paleontological monitor shall be
empowered to temporarily halt or
divert equipment to allow of removal
of abundant and large specimens in
a timel
y manner. Monitoring may be
Project
Applicant;
Project
Construction
Contractor;
Project
Paleontologist
City of Moreno
Valley Planning
Division
Concurrent with
grading activities
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Attachment: Exhibit C to Resolution 2023-__ MMRP (6240 : Master Plot Plan, a Plot Plan and a Tentative Cottonwood & Edgemont Project
City of Moreno Valley Mitigation Monitoring and Reporting Program
Impact Mitigation Measure (MM) Responsible
Party
Monitoring
Party
Implementation
Stage
Level of
Significance
reduced if the potentially fossiliferous
units are not present in the
subsurface, or if present, are
determined upon exposure and
examination by qualified
paleontological personnel to have a
low potential to contain or yield fossil
resources.
MM GEO-3: Recovered specimens
shall be properly prepared to a point
of identification and permanent
preservation, including screen
washing sediments to recover small
invertebrates and vertebrates, if
necessary. Identification and
curation of specimens into a
professional, accredited public
museum repository with a
commitment to archival conservation
and permanent retrievable storage,
such as the Western Science
Museum in Hemet, California, is
required for si
gnificant discoveries.
Project
Applicant;
Project
Construction
Contractor;
Project
Paleontologist
City of Moreno
Valley Planning
Division
Prior to grading
permit final
inspection
MM GEO-4: A final monitoring and
mitigation report of findings and
significance shall be prepared,
including lists of all fossils recovered,
if any, and necessary maps and
graphics to accurately record the
original location of the specimens.
The report shall be submitted to the
City of Moreno Valley prior to
buildin
g final.
Project
Applicant;
Project
Construction
Contractor;
Project
Paleontologist
City of Moreno
Valley Planning
Division
Prior to building
final
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Attachment: Exhibit C to Resolution 2023-__ MMRP (6240 : Master Plot Plan, a Plot Plan and a Tentative 1 RESOLUTION NUMBER 2023-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, DENYING APPEAL OF PLANNING
COMMISSION DECISION AND APPROVING TENTATIVE PARCEL MAP
38325 (PEN21-0327), MASTER PLOT PLAN (PEN21-0325), AND PLOT PLAN ( PEN21-0326) FOR TWO LIGHT INDUSTRIAL BUILDINGS
LOCATED ON THE EAST SIDE OF OLD 215 FRONTAGE ROAD SOUTH OF COTTONWOOD AVENUE (APN’S 263-190-012, 014, THROUGH 019 AND, 036)
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California; and
WHEREAS, Compass Danbe Real Estate Partners ( CDRE Holdings 21, LLC. ), (“Applicant”) submitted an application for a Tentative Parcel Map 38325 (PEN21-0327), a Master Plot Plan (PEN21 -0325), and a Plot Plan (PEN21 -0326) to develop two light industrial buildings and public improvements, dividing the approximately 7.94-acre parcel into two approximately 3.95 acre lots (“Proposed Project”) located on the east side of Old 215 Frontage Road south of Cottonwood Avenue (APN’s 263-190-012, 014 through 019, and 036) (“Project Site”); and
WHEREAS, the Application s for the Proposed Project have been evaluated in accordance with Chapter 9.14 (Land Divisions) and Section 9.02.070 (Plot Plan) of the Municipal Code with consideration given to the City’s General Plan, Zoning Ordinance, and other applicable laws and regulations; and
WHEREAS, Chapter 9.14 (Land Division) of the Moreno Valley Municipal Code imposes conditions of approval upon projects for which a Tentative Parcel Map 38325 is required, which conditions may be imposed by the City Council to address on -site improvements, off-site improvements, the manner in which the Project Site is used, and any other conditions as may be deemed necessary to protect the public health, safety, and welfare and ensure that the Proposed Project will be develo ped in accordance with the purpose and intent of Title 9 (Planning and Zoning) of the Municipal Code; and WHEREAS, Section 9.02.07 0 of the Municipal Code imposes conditions of approval upon projects for which a Plot Plan is required, which conditions may be imposed by the City to address on-site improvements, off-site improvements, the manner in which the site is used , and any other conditions as may be deemed necessary to protect the public health, safety, and welfare and ensure that the Proposed Project will be developed in accordance with the purpose and intent of Title 9 (“Planning and Zoning”) of the Municipal Code; and
WHEREAS, consistent with the requirements of Chapter 9.14 (Land Divisions) of the Municipal Code, at the appeal hearing the City Council considered Conditions of Approval to be imposed upon Tentative Parcel Map 38325 (PEN21-0327), which conditions were prepared by Planning Division staff who deemed said conditions to be F.1.w
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Attachment: Resolution 2023-__ Tentative Parcel Map, Master Plot Plan, and Plot Plan [Revision 2] (6240 : Master Plot Plan, a Plot Plan and a 2 necessary to protect the public health, safety, and welfare and to ensure the Prop osed Project will be developed in accordance with the purpose and intent of Title 9 (Planning and Zoning) of the Municipal Code; and
WHEREAS, consistent with the requirements of Section 9.02.070 (Plot Plan) of the Municipal Code, at the appeal hearing the City Council considered Conditions of Approval to be imposed upon Plot Plan PEN21-0325 and PEN21-0326 for the Plot Plans, which conditions were prepared by Planning Division staff who deemed said conditions to be necessary to protect the public health, safety, and welfare and to ensure the Proposed Project will be developed in accordance with the purpose and intent of Title 9 (“Planning and Zoning”) of the Municipal Code; and
WHEREAS, pursuant to the provisions of Section 9.02.200 (Public Hearing and Notification Procedures) of the Municipal Code and Government Code section 65905 , a public hearing was scheduled for March 9, 2023, and notice thereof was duly published and posted and mailed to all property owners of record within 600 feet of the Project Site; and
WHEREAS, on March 9, 2023, the public hearing to consider the Proposed Project was duly conducted by the Planning Commission at which time all interested persons were provided with an opportunity to testify and to present evidence and the Planning Commission voted 4-0-2 (2 absent) to approve the Proposed Project; and WHEREAS, on March 17, 2023, an appeal (PAA23 -0006) was filed against the Planning Commission’s decision; and
WHEREAS, at the appeal hearing, the Planning Commission considered whether each of the requisite findings specified in Section 9.02.070 and 9.14 of the Municipal Code and set forth herein could be made with respect to the proposed Project as conditioned by Conditions of Approval; and
WHEREAS, on March 9, 2023, in accordance with the provisions of the California Environmental Quality Act (CEQA 1) and CEQA Guidelines, 2 the Planning Commission considered and approved Resolution 2023-04 certifying a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Proposed 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.
1 Public Resources Code §§ 21000-21177
2 14 California Code of Regulations §§15000-15387
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Attachment: Resolution 2023-__ Tentative Parcel Map, Master Plot Plan, and Plot Plan [Revision 2] (6240 : Master Plot Plan, a Plot Plan and a 3 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 the evidence submitted into the administrative record for the Proposed Project, including, but not limited to, the following:
(a) Moreno Valley General Plan and all other relevant provisions contained therein;
(b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code, and all other relevant provisions referenced therein;
(c) Testimony, comments, and c orrespondence from all persons that were provided at, or prior to the March 9, 2023, Planning Commission public hearing;
(d) Appeal PAA23-0006;
(e) Application for the approval of Tentative Parcel Map 38325 PEN21-0327, Plot Plan’s PEN21-0325 and PEN21-0326, and all documents, records, and references contained therein;
(f) Conditions of Approval for Tentative Parcel Map 38325, PEN21-0327, Plot Plan’s PEN21-0325, and PEN21-0326, attached hereto as Exhibit A; (g) Staff Report prepared for the Planning Commission’s consideration and all documents, records , and references related thereto , and Staff’s presentation at the Planning Commission public hearing and City Council appeal hearing;
(h) Testimony and/or comments from Applicant and its representatives during the appeal hearing; and
(i) Testimony and/or comments from all persons that was provided in written format or correspondence, at, or prior to, the appeal hearing.
Section 4. Findings
That based on the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the City Council makes the following findings for denying the appeal and approving the Proposed Project:
(a) That the proposed land division is consistent with the General Plan; (b) That the design or improvement of the proposed land division is consistent with applicable general and specific plans;
(c) That the site of the proposed land division is physically suitable for the type of development;
(d) That the site of the proposed land division is physically suitable for the proposed density of the development;
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Attachment: Resolution 2023-__ Tentative Parcel Map, Master Plot Plan, and Plot Plan [Revision 2] (6240 : Master Plot Plan, a Plot Plan and a 4 (e) That the design of the proposed land division or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat; (f) That the design of the proposed land division or the type of improvements are not likely to cause serious public health problems; (g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision;
(h) That the proposed land division is not subject to the Williamson Act pursuant to the California Land Conservation Act of 1965;
(i) That the proposed land division and the associated design and improvements are consistent with applicable ordinances of the city; (j) That the design of the land division provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision; (k) That the effect of the proposed land division on the housing needs of the region was considered and balanced against the public service needs of the residents of Moreno Valley and available fiscal and environmental resources;
(l) The Proposed Project is consistent with the goals, objectives, policies, and programs of the general plan;
(m) The Proposed Project complies with all applicable zoning and other regulations;
(n) The Proposed Project will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and
(o) The location, design, and operation of the Proposed Project will be compatible with existing and planned land uses in the vicinity.
Section 5. Denial of Appeal and Approval of Proposed Project That based on the foregoing Recitals, Evidence contained in the Administrative Record, and Findings set forth above , the City Council hereby denies the appeal and approves the Proposed Tentative Parcel Map 38325 (PEN21-0327) and Project Plot Plans PEN21-0325 and PEN21-0326 subject to the Conditions of Approval for Tentative Parcel Map PEN21-0327 and Master Plot Plan PEN21-0325, and Plot Plan PEN21-0326, and attached hereto as Exhibit A, Exhibit B, and Exhibit C respectively.
Section 6. Repeal of Conflicting Provisions
That all the provisions as heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.
Section 7. Severability
That the City Council declares that, should any provision, section, paragraph, sentence, or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the F.1.w
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Attachment: Resolution 2023-__ Tentative Parcel Map, Master Plot Plan, and Plot Plan [Revision 2] (6240 : Master Plot Plan, a Plot Plan and a 5 remaining provisions, sections, paragraphs, sent ences or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 8. Effective Date
That this Resolution shall take effect immediately upon the date of adoption.
Section 9. Certification
That t he City Clerk for the City Council shall certify to the passage of this Resolution.
PASSED AND ADOPTED THIS 2nd day of May 2023.
CITY OF MORENO VALLEY
CITY COUNCIL
___________________________________
Ulises Cabrera,
Mayor of the City of Moreno Valley
ATTEST:
_________________________
Jane Halstead, City Clerk
APPROVED AS TO FORM:
_________________________
Steven B. Quintanilla,
Interim City Attorney
Exhibits:
Exhibit A: Conditions of Approval PEN21-0327
Exhibit B: Conditions of Approval PEN21-0325
Exhibit C: Conditions of Approval PEN21-0326
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Attachment: Resolution 2023-__ Tentative Parcel Map, Master Plot Plan, and Plot Plan [Revision 2] (6240 : Master Plot Plan, a Plot Plan and a
EXHIBIT A
CONDITIONS OF APPROVAL PEN21-0327
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Attachment: Resolution 2023-__ Tentative Parcel Map, Master Plot Plan, and Plot Plan [Revision 2] (6240 : Master Plot Plan, a Plot Plan and a
CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN21-0327)
CITY OF MORENO VALLEY
CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN21-0327)
EFFECTIVE DATE:
EXPIRATION DATE:
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. The Developer shall defend, indemnify and hold harmless the City, city council, commissions,
boards, subcommittees and the City’s elected and appointed officials, commissioners, board members, officers, agents, consultants and employees (“City Parties”) from and against any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following items: ( i) any prior or current agreements by and among the City and the Developer; (ii) the current, concurrent and subsequent permits, licenses and entitlements approved by the City; (iii) any environmental determination made by the City in connection with the Project Site and the Project; and (iv) any proceedings or other actions undertaken by the City in connection with the adoption or approval of any of the above. In the event of any administrative, legal, equitable action or other proceeding instituted by any third party (including without limitation a governmental entity or official) challenging the legality, validity or adequacy of any of the above items or any portion thereof, the Parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, the City, at its sole option, may tender the complete defense of any third party challenge as described herein. In the event the City elects to contract with special counsel to provide for such a defense, the City shall meet and confer with the Developer regarding the selection of counsel, and the Developer shall pay all costs related to retention of such counsel by the City.
2. 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)
3. All site plans, grading plans, landscape and irrigation plans, fence/wall plans, F.1.w
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Attachment: Resolution 2023-__ Tentative Parcel Map, Master Plot Plan, and Plot Plan [Revision 2] (6240 : Master Plot Plan, a Plot Plan and a
CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN21-0327)
lighting plans and street improvement plans shall be coordinated for consistency with this approval.
4. The site shall be developed in accordance with the approved plans on file in the Community
Development Department - Planning Division, the Municipal Code regulations, General Plan, and the conditions contained herein. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Official. (MC
9.14.020)
Special Conditions
5. All site plans, grading plans, landscape and irrigation plans, and street improvement plans shall be coordinated for consistency with this approval.
6. The site shall be developed in accordance with the approved tentative 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)
7. Prior to building final, the developer/owner or developer's/owner’s successor-in-interest
shall pay all applicable impact fees, including but not limited to Transportation Uniform Mitigation fees (TUMF), and the City’s adopted Development Impact Fees. (Ord)
8. Prior to the issuance of grading permits, final erosion control landscape and irrigation
plans for all cut or fill slopes over 3 feet in height shall be submitted to and approved by the Planning Division. The plans shall be designed in accordance with the slope erosion plan as required by the City Engineer. Man-made slopes greater than 10 feet in height shall be "land formed" to conform to the natural terrain and shall be landscaped and stabilized to minimize visual scarring. (GP Objective 1.5, MC 9.08.080, DG)
9. Prior to recordation of the final map, if required, 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)
10. 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 F.1.w
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Attachment: Resolution 2023-__ Tentative Parcel Map, Master Plot Plan, and Plot Plan [Revision 2] (6240 : Master Plot Plan, a Plot Plan and a
CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN21-0327)
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).
11. All landscaped areas in perpetuity shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. (MC 9.02.030)
12. 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 secure all water quality and detention basins more than 18 inches in depth.
13. 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)
14. 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.
15. 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)
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Attachment: Resolution 2023-__ Tentative Parcel Map, Master Plot Plan, and Plot Plan [Revision 2] (6240 : Master Plot Plan, a Plot Plan and a
CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN21-0327)
16. Prior to issuance of a building permit, the developer/property owner or developer's successor-in-interest shall pay all applicable impact fees due at permit issuance, including but not limited to Multi-species Habitat Conservation Plan (MSHCP) mitigation fees. (Ord.)
17. Prior to grading plan approval, wall and fence plans shall be submitted to and approved
by the Planning Division to include a six (6) foot high solid decorative (e.g. split face, color variation, pattern variation, or as approved by the Planning Official ) block wall along the all tract perimeters.
18. 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.
19. Prior to building final, all required and proposed fences and walls shall be constructed/installed
per the approved plans on file in the Planning Division. (MC
9.080.070)
20. Prior to issuance of grading permits, the developer shall pay the applicable Stephen’s’ Kangaroo Rat (SKR) Habitat Conservation Plan mitigation fee.
21. The approved documents shall be recorded at the same time that the subdivision map
is recorded. The documents shall contain provisions for general maintenance of the site, joint access to proposed parcels, open space use restrictions, conservation easements, guest parking, feeder trails, water quality basins, lighting, landscaping and common area use items such as general building maintenance (apartments, condominiums and townhomes) tot lot/public seating areas and other recreation facilities or buildings. The approved documents shall also contain a provision, which provides that they may not be terminated and/or substantially amended without the consent of the City and the developer's successor-in-interest. (MC 9.14.090)
In addition, the following deed restrictions and disclosures shall be included within the document and grant deed of the properties:
a. The developer and property owners shall promote the use of native plants and trees and drought tolerant species.
b. All lots designated for open space and or detention basins, shall be included as an easement to, and maintained by a Homeowners Association (HOA) or other private maintenance entity. All reverse frontage landscape areas shall also be maintained by the onsite HOA. Language to this effect shall be included and reviewed within the required Covenant Conditions and Restrictions (CC&Rs) prior to the approval of the final map.
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c. Maintenance of any and all common facilities.
d. A
conservation easement, if any, for lettered lots shall be recorded on the deed of the property and shown on the final map. Said easement shall include access restrictions prohibiting motorized vehicles from these areas. e. Oleander plants or trees shall be prohibited on open space lots adjacent to multi-use trails, if any.
22. 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)
23. All undeveloped portions of the site in perpetuity shall be maintained in a manner that provides for the control of weeds, erosion and dust. (MC 9.02.030)
24. 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.
25. Prior to grading plan approval, wall and fence plans shall be submitted to and approved
by the Planning Division subject to the City’s Municipal Code including fourteen (14) foot decorative walls along the perimeter.
26. The site has been approved for Tentative Parcel Map 38325 creating two parcels per the approved plans. A change or modification shall require separate approval.
27. To ensure the proposed project has adequate water provisions, if the proposed project
is within the Box Springs Mutual Water Company’s (“Water Company”) jurisdictional boundaries, applicant, or underlying property owner, as may be determined by the City, shall execute a proxy or suitable instrument, providing the City with authority to exercise voting shares associated with the land on behalf of applicant or underlying property owner, or otherwise exercise such rights consistent with the intent of this condition upon consent of the City.
28. Prior to issuance of any building permits, final landscaping and irrigation plans shall be
submitted for review and approved by the Planning Division. The plans shall be prepared in accordance with the City's Landscape Requirements to include a drought tolerant palette. (MVMC 9.17)
29. 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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Tentative Parcel Map (PEN21-0327)
30. Prior to issuance of grading permits, the location of the trash enclosure shall be included on the plans.
31. 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)
Building Division
32. The proposed non-residential project shall comply with the latest Federal Law, Americans with Disabilities Act, and State Law, California Code of Regulations, Title 24, Chapter 11B for accessibility standards for the disabled including access to the site, exits, bathrooms, work spaces, etc.
33. Prior to submittal, all new development, including residential second units, are required
to obtain a valid property address prior to permit application. Addresses can be obtained by contacting the Building Safety Division at 951.413.3350.
34. Contact the Building Safety Division for permit application submittal requirements.
35. The proposed project will be subject to approval by the Box Springs Mutual Water Company
and all applicable fees and charges shall be paid prior to permit issuance. Contact the water company at 951.653.6419 for specific details.
36. 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.
37. Any construction within the city shall only be as follows: Monday through Friday seven
a.m. to seven p.m(except for holidays which occur on weekdays), eight a.m. to four p.m.; weekends and holidays (as observed by the city and described in the Moreno Valley Municipal Code Chapter 2.55), unless written approval is first obtained from the Building Official or City Engineer.
38. Building plans submitted shall be signed and sealed by a California licensed design professional as required by the State Business and Professions Code.
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39. The proposed development shall be subject to the payment of required development
fees as required by the City’s current Fee Ordinance at the time a building application is submitted or prior to the issuance of permits as determined by the City.
40. All new structures shall be designed in conformance to the 2019 design standards adopted by the State of California in the California Building Code, (CBC) Part 2, Title 24, California Code of Regulations including requirements for allowable area, occupancy separations, fire suppression systems, accessibility, etc.
41. The proposed non-residential project shall comply with 2019 California Green Building Standards Code, Section 5.106.5.3, mandatory requirements for Electric Vehicle Charging Station (EVCS).
42. The proposed project’s occupancy shall be classified by the Building Official and must comply with exiting, occupancy separation(s) and minimum plumbing fixture requirements. Minimum plumbing fixtures shall be provided per the 2016 California Plumbing Code, Table 422.1. The occupant load and occupancy classification shall be determined in accordance with the California Building Code.
43. The proposed project is subject to approval by the Edgemont Community Services District
and all applicable fees and charges shall be paid prior to permit issuance .
Contact the Edgemont Community at (951)784-2632 for specific details.
44. 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)
45. New Moreno Valley businesses may work with the Economic Development Department to coordinate job recruitment fairs.
46. 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.
47. New Moreno Valley businesses are encouraged to hire local residents.
48. 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.
49. New Moreno Valley businesses may utilize the workforce recruitment services provided by the Moreno Valley Business & Employment Resource Center F.1.w
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(“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
50. All Fire Department access roads or driveways shall not exceed 12 percent grade. (CFC 503.2.7 and MVMC 8.36.060[G])
51. 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)
52. 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)
53. 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)
54. 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)
55. 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)
56. 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.
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(CFC 505.1, MVMC 8.36.060[I])
57. Existing fire hydrants on public streets are allowed to be considered available . Existing fire hydrants on adjacent properties shall not be considered available unless fire apparatus access roads extend between properties and easements are established to prevent obstruction of such roads. (CFC 507, 501.3) a - After the local water company signs the plans, the originals shall be presented to the Fire Prevention Bureau for signatures. An approved water system, including fire hydrants, shall be installed, made serviceable, and be accepted by the Moreno Valley Fire Department prior to bringing combustible construction
on-site. They shall be maintained accessible.
58. 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.
59. Prior to issuance of Certificate
of Occupancy or Building Final, the
applicant/developer shall install a fire alarm system monitored by an approved Underwriters Laboratory listed central station based on a requirement for monitoring the sprinkler system, occupancy or use. Fire alarm panel shall be accessible from exterior of building in an approved location. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Chapter 9 and MVMC 8.36.100)
60. The Fire Code Official is authorized to enforce the fire safety during construction requirements of Chapter 33. (CFC Chapter 33 & CBC Chapter 33)
61. 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])
62. 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])
63. Prior to issuance of the building permit for development, independent paved access to the nearest paved road, maintained by the City shall be designed and constructed
by the developer within the public right of way in accordance with City Standards. (MVMC 8.36.060, CFC 501.4)
64. 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 F.1.w
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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)
65. 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)
66. Fire Department access driveways over 150 feet in length shall have a turn-around as determined by the Fire Prevention Bureau capable of accommodating fire apparatus. (CFC 503 and MVMC 8.36.060, CFC 501.4)
67. During phased construction, dead end roadways and streets which have not been completed
shall have a turn-around capable of accommodating fire apparatus. (CFC 503.1 and 503.2.5)
68. If construction is phased, each phase shall provide an approved emergency vehicular
access way for fire protection prior to any building construction. ( CFC 501.4)
69. 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)
70. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction
of all commercial buildings per CFC Appendix B and Table B105.1.
The applicant/developer shall provide documentation to show there exists a water system capable of delivering said waterflow for 2 hour(s) duration at 20-PSI residual operating pressure. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. Specific requirements for the project will be determined at time of submittal. (CFC 507.3, Appendix B)
71. Dead-end streets and/or fire apparatus access roads in excess of 150 feet in length shall be provided with an approved turnaround for fire apparatus.
72. Prior to construction, all traffic calming designs/devices must be approved by the Fire Marshal and City Engineer.
73. Prior to building construction, dead end roadways and streets which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC F.1.w
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503.2.5)
74. Prior to issuance of Building Permits, the applicant/developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for review. Plans shall: a.
Be signed by a registered civil engineer or a certified fire protection engineer; b .
Contain a Fire Prevention Bureau approval signature block; and c. Conform to hydrant type, location, spacing of new and existing hydrants and minimum fire flow required as determined by the Fire Prevention Bureau. The required water system, including fire hydrants, shall be installed, made serviceable, and be accepted by the Moreno Valley Fire Department prior to bringing combustible construction on- site. They shall be maintained accessible.
75. Prior to bringing combultable construction on-site, all off-site public water improvement plans shall be approved and tested to verify the required fire flow of 2500 GPMs for a duration of 2 HRs with a minimum residual pressure of 20 PSI.
Developer and Water Purveyor are responsible to accommodate any additional upgrades as necessary for the needs to any fire protection system(s.)
FINANCIAL & MANAGEMENT SERVICES DEPARTMENT
Moreno Valley Utility
76. This project requires the installation of electric distribution facilities. A non-exclusive easement shall be provided to Moreno Valley Utility and shall include the rights of ingress and egress for the purpose of operation, maintenance, facility repair, and meter reading.
77. This project requires the installation of electric distribution facilities. The developer shall submit
a detailed engineering plan showing design, location and schematics for the utility system to be approved by the City Engineer. In accordance with Government Code Section 66462, the Developer shall execute an agreement with the City providing for the installation, construction, improvement and dedication of the utility system following recordation of final map and 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 F.1.w
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to as “utility system” (to and through the development), along with any appurtenant real property easements, as determined by the City Engineer to be necessary for the distribution and/or delivery of any and all “utility services” to and within the project. For purposes of this condition, “utility services” shall mean electric, cable television, telecommunication (including video, voice, and data) and other similar services designated by the City Engineer. “Utility services” shall not include sewer, water, and natural gas services, which are addressed by other conditions of approval.
The City, or the City’s designee, shall utilize dedicated utility facilities to ensure safe, reliable, sustainable and cost effective delivery of utility services and maintain the integrity of streets and other public infrastructure. Developer shall, at developer's sole expense, install or cause the installation of such interconnection facilities as may be necessary to connect the electrical distribution infrastructure within the project to the Moreno Valley Utility owned and controlled electric distribution system.
78. Existing Moreno Valley Utility electrical infrastructure shall be preserved in place .
The
developer will be responsible, at developer’s expense, for any and all costs associated with the relocation of any of Moreno Valley Utility’s underground electrical distribution facilities, as determined by Moreno Valley Utility, which may be in conflict with any developer planned construction on the project site.
79. This project shall coordinate and receive approval from the City Engineer to install, construct,
improve, and dedicate to the City fiber optic cable improvements consisting of fiber optic cable, splices and termination equipment to serve the identified development and other adjoining, abutting, or benefiting projects as determined by Moreno Valley Utility along with any appurtenant real property easements, as determined by the City Engineer to be necessary for the distribution and/or delivery of any and all “fiber optic services” to and within the project.
80. This project shall coordinate and receive approval from the City Engineer to install, construct,
improve, and dedicate to Moreno Valley Utility fiber optic cable improvements consisting of conduit, and pull boxes to serve the identified development and other adjoining, abutting, or benefiting projects as determined by Moreno Valley Utility along with any appurtenant real property easements, as determined by the City Engineer to be necessary for the distribution and/or delivery of any and all “fiber optic services” to and within the project.
81. 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.
82. This project shall coordinate and receive approval from the City Engineer to install, construct, improve, and dedicate to Moreno Valley Utility electric streetlight F.1.w
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improvements consisting of streetlight poles, mast-arms, fixtures conduit, wiring, terminations and pull boxes to serve the identified development and other adjoining, abutting, or benefiting projects as determined by the Land Development Department along with any appurtenant real property easements, as determined by the City Engineer to be necessary for the distribution and/or delivery of any and all “street light services” to and within the project.
PUBLIC WORKS DEPARTMENT
Land Development
83. 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.
84. 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]
85. 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.
86. 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 F.1.w
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Tentative Parcel Map (PEN21-0327)
(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.
87. 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.
88. 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)]
89. 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.
90. 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.
91. The proposed private storm drain system shall connect to the existing concrete channel
north of the project. 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.
92. 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 w/ erosion control plan (prior to grading permit issuance); c. Precise grading w/ erosion control plan (prior to building permit issuance); d. Public improvement plan (e.g., street/storm drain w/striping, RCFC storm drain, sewer/water, etc.) (prior to map approval);
e. Final drainage study (prior to grading plan approval); F.1.w
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f. Final WQMP (prior to grading plan approval);
g. Legal
documents (e.g., easement(s), dedication(s), lot line adjustment, vacation, etc.) (prior to building permit issuance);
h. As-Built revision for all plans (prior to Occupancy release);
93. Water quality best management practices (BMPs) designed to meet Water Quality Management Plan (WQMP) requirements for development shall not be used as a construction BMP. Water quality BMPs shall be maintained for the entire duration of the project construction and be used to treat runoff from those developed portions of the project. Water quality BMPs shall be protected from upstream construction related runoff by having proper best management practices in place and maintained. Water quality BMPs shall be graded per the approved design plans and once landscaping and irrigation has been installed, it and its maintenance shall be turned over to the responsible party for maintenance.
94. 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]
Prior to Grading Plan Approval
95. A final detailed drainage study (prepared by a registered/licensed civil engineer) shall be submitted for review and approved by the City Engineer. The study shall include, but not be limited to: existing and proposed hydrologic conditions as well as hydraulic calculations for all drainage control devices and storm drain lines. The study shall analyze 1, 3, 6 and 24-hour duration events for the 2, 5, 10 and 100-year storm events [MC 9.14.110(A.1)]. A digital (pdf) copy of the approved drainage study shall be submitted to the Land Development Division.
96. Emergency overflow areas shall be shown at all applicable drainage improvement locations in the event that the drainage improvement fails or exceeds full capacity.
97. A final project-specific Water Quality Management Plan (WQMP) shall be submitted for review and approved by the City Engineer, which:
a. Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizes directly connected impervious areas to the City’s street and storm drain systems, and conserves natural areas;
b. Incorporates Source Control BMPs and provides a detailed description of their implementation;
c. Describes the long-term operation and maintenance requirements for BMPs requiring maintenance; and
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d. Describes the mechanism for funding the long-term operation and maintenance of the BMPs.
A
copy of the final WQMP template can be obtained on the City’s Website or by contacting the Land Development Division. A digital (pdf) copy of the approved final project-specific Water Quality Management Plan (WQMP) shall be submitted to the Land Development Division.
98. The final project-specific Water Quality Management Plan (WQMP) shall be consistent with the approved P-WQMP, as well as in full conformance with the document: “Water Quality Management Plan - A Guidance Document for the Santa Ana Region of Riverside County” dated October 22, 2012. The F-WQMP shall be submitted and approved prior to application for and issuance of grading permits. At a minimum, the F-WQMP shall include the following: Site Design BMPs; Source Control BMPs, Treatment Control BMPs, Operation and Maintenance requirements for BMPs and sources of funding for BMP implementation. a. The Applicant has proposed to incorporate the use of bioretention and biotreatment BMPs. Final design and sizing details of all BMPs must be provided in the first submittal of the F-WQMP. The Applicant acknowledges that more area than currently shown on the plans may be required to treat site runoff as required by the WQMP guidance document.
b. The Applicant shall substantiate the applicable Hydrologic Condition of Concerns (HCOC) in Section F of the F-WQMP.
c. All proposed LID BMP’s shall be designed in accordance with the RCFC&WCD’s Design Handbook for Low Impact Development Best Management Practices, dated September 2011.
d. The proposed LID BMP’s as identified in the project-specific P-WQMP shall be incorporated into the Final WQMP.
e. The NPDES notes per City Standard Drawing No. MVFE-350-0 shall be included in the grading plans.
f. Post-construction treatment control BMPs, once placed into operation for post-construction water quality control, shall not be used to treat runoff from construction sites or unstabilized areas of the site.
g. Prior to precise grading plan approval, the grading plan shall show any proposed trash enclosure to include a cover (roof) and sufficient size for dual bin (1 for trash and 1 for recyclables). The architecture shall be approved by the Planning Division and any structural approvals shall be made by the Building and Safety Division.
99. The developer shall ensure compliance with the City Grading ordinance, these Conditions of Approval and the following criteria:
a.
The project street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area and outlet points. Unless otherwise approved by the City Engineer, lot lines shall be located at the top of slopes.
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b. Any grading that creates cut or fill slopes adjacent to the street shall provide erosion
control, sight distance control, and slope easements as approved by the City Engineer.
c. All improvement plans are substantially complete and appropriate clearance letters are provided to the City.
d. A soils/geotechnical report (addressing the soil’s stability and geological conditions of the site) shall be submitted to the Land Development Division for review. A digital (pdf) copy of the soils/geotechnical report shall be submitted to the Land Development Division.
100. Grading plans (prepared by a registered/licensed civil engineer) shall be submitted for review and approved by the City Engineer per the current submittal requirements.
101. The developer shall select Low Impact Development (LID) Best Management Practices (BMPs) designed per the latest version of the Water Quality Management Plan (WQMP) - a guidance document for the Santa Ana Region of Riverside County.
102. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared in conformance with the State’s current Construction Activities Storm Water General Permit. A copy of the current SWPPP shall be kept at the project site and be available for review upon request.
103. For projects that will result in discharges of storm water associated with construction with
a soil disturbance of one or more acres of land, the developer shall submit a Notice of Intent (NOI) and obtain a Waste Discharger’s Identification number (WDID#) from the State Water Quality Control Board (SWQCB) which shall be noted on the grading plans.
Prior to Grading Permit
104. 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)]
105. 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. 106. 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 F.1.w
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current DIF fees adopted by the City Council. [Ord. 695 § 1.1 (part), 2005] [MC
3.38.030, 040, 050]
107. 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)]
108. Security, in the form of a cash deposit (preferable), bond or letter of credit shall be submitted as a guarantee of the completion of the grading operations for the project. [MC 8.21.070]
Prior to Map Approval
109. 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.
110. After recordation, a digital (pdf) copy of the recorded map shall be submitted to the Land Development Division.
111. Resolution of all drainage issues shall be as approved by the City Engineer. 112. 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.
113. 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]
114. All public improvement plans required for this project shall be approved by the City Engineer in order to execute the Public Improvement Agreement (PIA).
Prior to Improvement Plan Approval
115. 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. 116. The developer shall submit clearances from all applicable agencies, and pay all F.1.w
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applicable plan check fees.
117. The street improvement plans shall comply with current City policies, plans and applicable City standards (i.e. MVSI-160 series, etc.) throughout this project. 118. 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] 119. 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.
120. Any missing or deficient existing improvements along the project frontage within Old 215 Frontage
Road and Edgemont Street 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. 121. 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. 122. 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.
123. All dry and wet utilities shall be shown on the plans and any crossings shall be potholed
to determine actual location and elevation. Any conflicts shall be identified and addressed on the plans. The pothole survey data shall be submitted to Land Development with the public improvement plans for reference purposes only. The developer is responsible to coordinate with all affected utility companies and bear all costs of any utility relocation.
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Prior to Encroachment Permit
124. A digital (pdf) copy of all approved improvement plans shall be submitted to the Land Development Division.
125. Any work performed within public right-of-way requires an encroachment permit.
Prior to Building Permit
126. 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.
127. For all subdivision projects, the map shall be recorded. [MC 9.14.190] 128. 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.
129. 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.
130. 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.
Prior to Occupancy
131. 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.
132. The final/precise grade certification shall be submitted for review and approved by the City Engineer.
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133. 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 shall establish a Property Owners Association (POA) to finance the maintenance of the "Water Quality BMPs". Any lots which are identified as "Water Quality BMPs" shall be owned in fee by the POA. 134. 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 gutter, sidewalks, drive approaches, street lights, signing, striping, under sidewalk drains, landscaping and irrigation, full-width median, pavement tapers/transitions and traffic control devices as appropriate.
b. Storm drain facilities including, but not limited to: storm drain pipe, storm drain laterals, 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. Undergrounding 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.
135. 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.
136. 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.
137. 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.
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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
138. Prior to occupancy, the following improvements shall be completed:
Old
215 Frontage Rd. (110' R/W / 86' CC: 4-lane Divided Arterial, City Standard No. MVSI-103A-1) shall be constructed to achieve an easterly street half-width of 43', a full width 18’ median centered about the boundary between the City of Moreno Valley and the City of Riverside, plus an additional 14' of pavement on the west side of the street, along the entire project's west frontage. Improvements shall consist of, but not 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. An encroachment from the City of Riverside will be required for the westerly half of the median located outside of the City of Moreno Valley’s city limits.
139. Prior to occupancy, the following improvements shall be completed:
Edgemont
St. (60' R/W / 36' CC: Modified Local Street, Modified City Standard No.
MVSI-107A-0) shall be constructed to achieve a half-width of 18' plus an additional 12' of pavement, along the entire project's east frontage. Improvements shall consist of, but not 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. 140. Prior to building permit issuance, the developer shall process a street vacation of seventeen (17) feet for Old 215 Frontage Rd. along the project frontage. 141. 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 F.1.w
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structural section standard.
142. The owner/developer shall address the issue of standing water in Edgemont Channel adjacent to the project site. A professional services company shall be hired to perform a one-time clean out of the culvert underneath Old 215 Frontage Road.
The clean out service will be limited to the channel opening located on the east side of Old 215 Frontage Road and extend to the centerline of Old 215 Frontage Road, staying within the City of Moreno Valley’s City limits.
Special Districts Division
143. Approved Landscape Plans. For those areas to be maintained by the City and prior to
the issuance of the 1st Building Permit, Planning, Landscape Services and Transportation Engineering staff, at a minimum, shall review and approve the final median, parkway, slope, traffic circle and/or open space landscape/irrigation plans as designated on the tentative map or in these Conditions of Approval. 144. Maintenance Services Funding. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation) to provide an ongoing funding source for the operation and maintenance of public improvements and/or services associated with impacts of the development. This condition will only be applicable provided said district is under development at the time this project applies for the 1st Building Permit.
This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful annexation/formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector(s) will not protest the annexation or formation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings.
An alternative to satisfying this funding source will be identified at such time as a special financing district has been established. At the time of development, the F.1.w
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developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to determine if this condition is applicable. 145. Public Safety Funding. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation ) to provide an ongoing funding source for Public Safety services, which may include but is not limited to Police, Fire Protection, Paramedic Services, Park Rangers, and Animal Control services. This condition will only be applicable provided said district is under development at the time this project applies for the 1st Building Permit.
This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful annexation/formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector(s) will not protest the annexation or formation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings.
An alternative to satisfying this condition will be identified at such time as a special financing district has been established. At the time of development, the developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to determine if this condition is applicable. 146. 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. 147. Maintenance Period. The Developer, or the Developer’s successors or assignees shall be responsible for all parkway, traffic circle, open space and/or median landscape maintenance and utility costs, etc. for a period no less than one (1) year commencing from the time all items of work have been completed to the satisfaction of Landscape Services staff as per the City of Moreno Valley Public Works Department Landscape Design Guidelines, or until such time as the City accepts maintenance responsibilities.
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148. ECSD Street Light Acknowledgement. Prior to the 1st Certificate of Occupancy, the Developer must submit an acknowledgement from Edgemont Community Services District confirming it has accepted all street lights required to be installed by this project into its system for ongoing maintenance. Said acknowledgement must be emailed to [email protected]. ECSD can be reached at 951.784.2411, P.O.
Box 5436, Riverside, CA 92514.
149. Independent Utilities. Parkway, median, slope, traffic circle and/or open space landscape areas included within a special financing district are required to have independent utility systems, including but not limited to water, electric, and telephone services. An independent irrigation controller and pedestal will also be required. Combining utility systems with existing or future landscape areas that are not within the same CFD 2014-01 tax rate layers or funding program (e.g. NPDES) will not be permitted.
150. Landscape Inspection Fees. Inspection fees for the monitoring of landscape installation
associated with the City of Moreno Valley maintained landscaping are due prior to the required pre-construction meeting. (MC 3.32.040) 151. Landscape Guidelines. Plans for parkway, median, slope, traffic circle, 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 or from Landscape Services (951.413.3480 or [email protected]).
152. Maintenance Responsibility. The ongoing maintenance of any landscaping required to be installed behind the curb shall be the responsibility of the property owner. 153. Parkway, open space, traffic circle, and/or median 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 project. 154. Mylars of the landscape and irrigation plans shall be submitted on hanging tab to Landscape Services.
155. CFD 2014-01. Prior to City Council action authorizing the recordation of the map, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee, form an association to fund the services or fund an endowment) to provide an ongoing funding source for Landscape Maintenance Services for public parkway, traffic circle, open space, and/or median landscaping on Old 215 Frontage Road.
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This condition must be fully satisfied prior to issuance of the 1st Building Permit.
This condition will be satisfied with the successful annexation/formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector(s) will not protest the annexation or formation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings.
Alternatively, the condition can be satisfied by the Developer forming a property owner association that will be responsible for the improvements and any and all operation and maintenance costs for the improvements or by funding an endowment in an amount sufficient to yield an annual revenue stream that meets the annual obligation, as calculated by Special Districts Admin staff. The Developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to satisfy this condition.
156. Park Maintenance Funding. Prior to City Council action authorizing the recordation of
the map, 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.
This condition must be fully satisfied prior to issuance of the 1st Building Permit.
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 F.1.w
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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, as calculated by Special Districts Admin staff. The Developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to satisfy this condition.
157. Major Infrastructure SFD Major Infrastructure Financing District. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation) to provide an ongoing funding source for the construction and maintenance of major infrastructure improvements, which may include but is not limited to thoroughfares, bridges, and certain flood control improvements. This condition will be applicable provided said district is under development at the time this project applies for the 1st Building Permit. This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful annexation/formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector(s) will not protest the annexation or formation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings. An alternative to satisfying this condition will be identified at such time as a special financing district has been established. At the time of development, the developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to determine if this condition is applicable.
Transportation Engineering Division
158. Conditions of approval may be modified or added if a phasing plan is submitted for this development.
159. All project driveways shall conform to City of Moreno Valley Standard Plans No.
MVSI-112C-0 for Commercial Driveway Approaches. Access at the driveways shall F.1.w
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be allowed as follows:
• Old 215
Frontage Road driveways: right-turn in/out only. Access restriction shall be accomplished with the construction of a raised median on Old 215 Frontage Road. 160. Each gated entrance shall be provided with the following:
• A storage lane with a minimum of 75 feet queuing length for entering traffic. • Signing and striping.
• A separate pedestrian entry.
All of these features must be kept in working order.
161. All proposed on-site traffic signing and striping should be accordance with the latest California Manual on Uniform Traffic Control Devices (CAMUTCD).
Appropriate signage shall be installed to restrict truck access to the northerly and southerly driveways only.
162. Old 215 Frontage Road is designated as a 4-Lane Divided Arterial (110’RW/86’CC) per City Standard Plan No. MVSI-103A-0. Any improvements undertaken by this project shall be consistent with the City’s standards for this facility. Additional improvements shall be required to transition from ultimate street width along the project frontage to existing edge of pavement north and south of the project site.
163. Edgemont Street is designated as a Modified Local (60’RW/36’CC) per City Standard Plan No. MVSI-107A-0. Any improvements undertaken by this project shall be consistent with the City’s standards for this facility. Additional improvements shall be required to transition from ultimate street width along the project frontage to existing edge of pavement north and south of the project site. 164. 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 Traffic Engineer. 165. Prior to issuance of the first building permit, the Developer shall provide fair share funding to the City of Riverside Public Works Department for necessary traffic signal appurtenance equipment for the improvement, as identified in the Cottonwood & Edgemont Warehouse Traffic Analysis, dated January 6, 2023 at the intersection of Old 215 Frontage Road and Eucalyptus Avenue. 166. Prior to final approval of any landscaping or monument sign plans, the project plans shall demonstrate that sight distance at the project driveways conforms to City Standard Plan No. MVSI-164A, B, C-0.
167. Prior to the final approval of the street improvement plans, a signing and striping F.1.w
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plan shall be prepared per City of Moreno Valley Standard Plans - Section 4 for all streets within the project area.
168. 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 concrete median on Old 215 Frontage Road along the project frontage.
169. Prior to issuance of a Certificate of Occupancy, all approved street improvements shall be installed to the satisfaction of the City Engineer. 170. Prior to issuance of a Certificate of Occupancy, all approved signing and striping shall be installed per current City Standards.
PARKS & COMMUNITY SERVICES DEPARTMENT
171. This project is subject to current Development Impact Fees.
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Condi
tions of Approval PEN21-0325
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CONDITIONS OF APPROVAL
Plot Plan (PEN21-0325)
CITY OF MORENO VALLEY
CONDITIONS OF APPROVAL
Plot Plan (PEN21-0325)
EFFECTIVE DATE:
EXPIRATION DATE:
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. 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)
2. 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)
3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. (MC 9.02.030)
4. Any signs indicated on the submitted plans are not included with this approval. Any signs, whether
permanent (e.g. wall, monument) or temporary (e.g. banner, flag), require separate application and approval by the Planning Division. No signs are permitted in the public right of way. (MC 9.12)
5. All site plans, grading plans, landscape and irrigation plans, fence/wall plans, lighting
plans and street improvement plans shall be coordinated for consistency with this approval.
6. 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)
7. 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) F.1.w
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CONDITIONS OF APPROVAL
Plot Plan (PEN21-0325)
8. The Developer shall defend, indemnify and hold harmless the City, city council, commissions, boards,
subcommittees and the City’s elected and appointed
officials, commissioners, board members, officers, agents, consultants and employees (“City Parties”) from and against any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following items: ( i) any prior or current agreements by and among the City and the Developer; (ii) the current, concurrent and subsequent permits, licenses and entitlements approved by the City; (iii) any environmental determination made by the City in connection with the Project Site and the Project; and (iv) any proceedings or other actions undertaken by the City in connection with the adoption or approval of any of the above. In the event of any administrative, legal, equitable action or other proceeding instituted by any third party (including without limitation a governmental entity or official) challenging the legality, validity or adequacy of any of the above items or any portion thereof, the Parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, the City, at its sole option, may tender the complete defense of any third party challenge as described herein. In the event the City elects to contract with special counsel to provide for such a defense, the City shall meet and confer with the Developer regarding the selection of counsel, and the Developer shall pay all costs related to retention of such counsel by the City.
9. 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.
Special Conditions
10. To ensure the proposed project has adequate water provisions, if the proposed project is
within the Box Springs Mutual Water Company’s (“Water Company”) jurisdictional boundaries, applicant, or underlying property owner, as may be determined by the City, shall execute a proxy or suitable instrument, providing the City with authority to exercise voting shares associated with the land on behalf of applicant or underlying property owner, or otherwise exercise such rights consistent with the intent of this condition upon consent of the City.
11. The site has been approved for a Master Plot Plan to develop approximately 7.94 acres into
two light industrial buildings with associated on and off-site improvements per the Conditions of Approval and the proposed plans. This approval includes the Master Site Plan and Building 1, which will be approximately 49,815 square feet.
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Building Two PEN21-0326 will be approximately 49,815 square feet. A Tentative Parcel map will be approved through PEN21-0327. A change or modification shall require separate approval.
12. The project shall be designed and constructed to meet LEED Silver Equivalent with evidence provided to the City.
13. Prior to issuance of any building permits, final landscaping and irrigation plans shall be submitted
for review and approved by the Planning Division. The plans shall be prepared in accordance with the City's Landscape Requirements to include a drought tolerant palette. (MVMC 9.17)
14. Prior to issuance of grading permits, the location of the trash enclosure shall be included on the plans.
15. 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)
16. 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.
Prior to Grading Permit
17. Prior to issuance of any grading permit, all Conditions of Approval, and Mitigation Measures shall be printed on the grading plans.
18. Prior to the issuance of grading permits, decorative (e.g. colored/ scored concrete or as approve by the Planning Official) pedestrian pathways across circulation aisles/paths shall be provided throughout the development to connect dwellings with open spaces and/or recreational uses or commercial/industrial buildings with open space and/or parking. and/or the public right-of-way. The pathways shall be shown on the precise grading plan. (GP Objective 46.8, DG)
19. 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) F.1.w
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CONDITIONS OF APPROVAL
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20. Prior to issuance of grading permits, the developer shall pay the applicable Stephens’ Kangaroo Rat (SKR) Habitat Conservation Plan mitigation fee. (Ord)
21. 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).
22. 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.
23. Prior to the issuance of grading permits, the developer shall submit wall/fence plans to the Planning Division for review and approval as follows:
a.
3-foot high decorative wall, solid hedge, or berm shall be placed in any setback areas between a public right of way and a parking lot for screening. b. Any proposed retaining walls shall also be decorative in nature, while the combination of retaining and other walls on top shall not exceed the height requirement.
c. Proposed screening walls for truck loading areas and required loading docks shall include decorative block walls with pilasters with a height of fourteen F.1.w
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(14) feet to fully screen trucks (industrial and some situations with commercial uses). d. Walls and
fences for visual screening are required when there are adjacent residential uses or residentially zone property. The height, placement, and design will be based on a site-specific review of the project. All walls are subject to the approval of the Planning Official. (MC 9.08.070)
24. 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.
25. Prior to issuance of any building permit, all Conditions of Approval, and Mitigation Measures shall be printed on the building plans.
26. 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. (or No sod shall be installed) 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 F.1.w
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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 (master plot plan). [only include items above that apply to the project]
27. 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)
28. Prior to issuance of a building permit, the developer/property owner or developer's successor-in-interest shall pay all applicable impact fees due at permit issuance, including but not limited to Multi-species Habitat Conservation Plan (MSHCP) mitigation fees. (Ord)
29. Prior to building final, the developer/owner or developer's/owner’s successor-in-interest shall pay
all applicable impact fees, including but not limited to Transportation Uniform Mitigation fees (TUMF), and the City’s adopted Development Impact Fees. (Ord)
30. 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.
31. 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)
32. Prior to issuance of building permits, screening details shall be addressed on the F.1.w
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building plans for roof top equipment submitted for Planning Division review and approval through
the building plan check process. All equipment shall be completely screened so as not to be visible from public view, and the screening shall be an integral part of the building.
Prior to Building Final or Occupancy
33. 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).
34. Prior to building final, Planning approved/stamped landscape plans shall be provided to the Community Development Department – Planning Division on a CD disk.
35. 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).
Building Division
36. The proposed non-residential project shall comply with the latest Federal Law, Americans with Disabilities Act, and State Law, California Code of Regulations, Title 24, Chapter 11B for accessibility standards for the disabled including access to the site, exits, bathrooms, work spaces, etc.
37. Prior to submittal, all new development, including residential second units, are required to
obtain a valid property address prior to permit application. Addresses can be obtained by contacting the Building Safety Division at 951.413.3350.
38. Contact the Building Safety Division for permit application submittal requirements.
39. The proposed project will be subject to approval by the Box Springs Mutual Water Company and
all applicable fees and charges shall be paid prior to permit issuance. Contact the water company at 951.653.6419 for specific details.
40. 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.
41. 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.
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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.
42. Building plans submitted shall be signed and sealed by a California licensed design professional as required by the State Business and Professions Code.
43. 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.
44. All new structures shall be designed in conformance to the 2019 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.
45. The proposed non-residential project shall comply with 2019 California Green Building Standards Code, Section 5.106.5.3, mandatory requirements for Electric Vehicle Charging Station (EVCS).
46. 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.
47. The proposed project is subject to approval by the Edgemont Community Services District and
all applicable fees and charges shall be paid prior to permit issuance .
Contact the Edgemont Community at (951)784-2632 for specific details.
48. 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)
49. New Moreno Valley businesses may work with the Economic Development Department to coordinate job recruitment fairs.
50. 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.
51. New Moreno Valley businesses are encouraged to hire local residents.
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52. 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.
53. 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
54. All Fire Department access roads or driveways shall not exceed 12 percent grade . (CFC 503.2.7 and MVMC 8.36.060[G])
55. 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)
56. 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)
57. 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)
58. 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)
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59. 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)
60. 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])
61. Existing fire hydrants on public streets are allowed to be considered available . Existing fire hydrants on adjacent properties shall not be considered available unless fire apparatus access roads extend between properties and easements are established to prevent obstruction of such roads. (CFC 507, 501.3) a - After the local water company signs the plans, the originals shall be presented to the Fire Prevention Bureau for signatures. An approved water system, including fire hydrants, shall be installed, made serviceable, and be accepted by the Moreno Valley Fire Department prior to bringing combustible construction
on-site. They shall be maintained accessible.
62. 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.
63. Prior to issuance of Certificate
of Occupancy or Building Final, the
applicant/developer shall install a fire alarm system monitored by an approved Underwriters Laboratory listed central station based on a requirement for monitoring the sprinkler system, occupancy or use. Fire alarm panel shall be accessible from exterior of building in an approved location. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Chapter 9 and MVMC 8.36.100)
64. The Fire Code Official is authorized to enforce the fire safety during construction requirements of Chapter 33. (CFC Chapter 33 & CBC Chapter 33)
65. 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])
66. 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])
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67. Prior to issuance of the building permit for development, independent paved access to the
nearest paved road, maintained by the City shall be designed and constructed by the developer within the public right of way in accordance with City Standards. (MVMC 8.36.060, CFC 501.4)
68. 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)
69. 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)
70. Fire Department access driveways over 150 feet in length shall have a turn-around as determined by the Fire Prevention Bureau capable of accommodating fire apparatus. (CFC 503 and MVMC 8.36.060, CFC 501.4)
71. During phased construction, dead end roadways and streets which have not been completed shall
have a turn-around capable of accommodating fire apparatus. (CFC 503.1 and 503.2.5)
72. If construction is phased, each phase shall provide an approved emergency vehicular access
way for fire protection prior to any building construction. ( CFC 501.4)
73. 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)
74. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of
all commercial buildings per CFC Appendix B and Table B105.1.
The applicant/developer shall provide documentation to show there exists a water system capable of delivering said waterflow for 2 hour(s) duration at 20-PSI residual operating pressure. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. Specific requirements for the project will be determined at time of submittal. (CFC 507.3, Appendix B)
75. Dead-end streets and/or fire apparatus access roads in excess of 150 feet in length F.1.w
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shall be provided with an approved turnaround for fire apparatus.
76. Prior to construction, all traffic calming designs/devices must be approved by the Fire Marshal and City Engineer.
77. Prior to building construction, dead end roadways and streets which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 503.2.5)
78. 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 bringing combustible construction on- site. They shall be maintained accessible.
79. Prior to bringing combustible construction on-site, all off-site public water improvement plans shall be approved and tested to verify the required fire flow of 2500 GPMs for a duration of 2 HRs with a minimum residual pressure of 20 PSI.
Developer and Water Purveyor are responsible to accommodate any additional upgrades as necessary for the needs to any fire protection system(s.)
FINANCIAL & MANAGEMENT SERVICES DEPARTMENT
Moreno Valley Utility
80. This project requires the installation of electric distribution facilities. A non-exclusive easement
shall be provided to Moreno Valley Utility and shall include the rights of ingress and egress for the purpose of operation, maintenance, facility repair, and meter reading.
81. 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.
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The Developer shall coordinate and receive approval from the City Engineer to install, construct,
improve, and dedicate to the City all utility infrastructure including but not limited to, conduit, equipment, vaults, ducts, wires, switches, conductors, transformers, and “bring-up” facilities including electrical capacity to serve the identified development and other adjoining, abutting, or benefiting projects as determined by Moreno Valley Utility – collectively referred to as “utility system”, to and through the development, along with any appurtenant real property easements, as determined by the City Engineer necessary for the distribution and/or delivery of any and all “utility services” to and within the project. For purposes of this condition, “utility services” shall mean electric, cable television, telecommunication (including video, voice, and data) and other similar services designated by the City Engineer . “Utility services” shall not include sewer, water, and natural gas services, which are addressed by other conditions of approval.
The City, or the City’s designee, shall utilize dedicated utility facilities to ensure safe, reliable, sustainable and cost effective delivery of utility services and maintain the integrity of streets and other public infrastructure. Developer shall, at developer's sole expense, install or cause the installation of such interconnection facilities as may be necessary to connect the electrical distribution infrastructure within the project to the Moreno Valley Utility owned and controlled electric distribution system.
82. 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.
83. This project is subject to a Reimbursement Agreement. The Developer is responsible for
a proportionate share of costs associated with electrical distribution infrastructure previously installed that directly benefits the project. Payment shall be required prior to issuance of building permits.
84. This project shall coordinate and receive approval from the City Engineer to install, construct, improve,
and dedicate to the City fiber optic cable improvements consisting of fiber optic cable, splices and termination equipment to serve the identified development and other adjoining, abutting, or benefiting projects as determined by Moreno Valley Utility along with any appurtenant real property easements, as determined by the City Engineer to be necessary for the distribution and/or delivery of any and all “fiber optic services” to and within the project.
85. This project shall coordinate and receive approval from the City Engineer to install, construct, improve,
and dedicate to Moreno Valley Utility fiber optic cable improvements consisting of conduit, and pull boxes to serve the identified development and other adjoining, abutting, or benefiting projects as determined by F.1.w
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Moreno Valley Utility along with any appurtenant real property easements, as determined by
the City Engineer to be necessary for the distribution and/or delivery of any and all “fiber optic services” to and within the project.
86. This project shall coordinate and receive approval from the City Engineer to install, construct, improve,
and dedicate to Moreno Valley Utility electric streetlight improvements consisting of streetlight poles, mast-arms, fixtures conduit, wiring, terminations and pull boxes to serve the identified development and other adjoining, abutting, or benefiting projects as determined by the Land Development Department along with any appurtenant real property easements, as determined by the City Engineer to be necessary for the distribution and/or delivery of any and all “street light services” to and within the project.
PUBLIC WORKS DEPARTMENT
Land Development
87. 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.
88. 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]
89. 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.
90. 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.
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(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.
91. 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.
92. 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)]
93. 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.
94. 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.
95. The proposed private storm drain system shall connect to the existing concrete channel north
of the project. 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.
96. 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. Rough grading w/ erosion control plan (prior to grading permit issuance); F.1.w
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b. Precise grading w/ erosion control plan (prior to building permit issuance); c. Public
improvement plan (e.g., street/storm drain w/striping, RCFC storm drain, sewer/water, etc.) (prior to map approval);
d. Final drainage study (prior to grading plan approval); e. Final WQMP (prior to grading plan approval);
f. Legal documents (e.g., easement(s), dedication(s), lot line adjustment, vacation, etc.) (prior to building permit issuance);
g. As-Built revision for all plans (prior to Occupancy release).
97. Water quality best management practices (BMPs) designed to meet Water Quality Management Plan (WQMP) requirements for development shall not be used as a construction BMP. Water quality BMPs shall be maintained for the entire duration of the project construction and be used to treat runoff from those developed portions of the project. Water quality BMPs shall be protected from upstream construction related runoff by having proper best management practices in place and maintained. Water quality BMPs shall be graded per the approved design plans and once landscaping and irrigation has been installed, it and its maintenance shall be turned over to the responsible party for maintenance.
98. 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]
Prior to Grading Plan Approval
99. Resolution of all drainage issues shall be as approved by the City Engineer. 100. A final detailed drainage study (prepared by a registered/licensed civil engineer) shall be submitted for review and approved by the City Engineer. The study shall include, but not be limited to: existing and proposed hydrologic conditions as well as hydraulic calculations for all drainage control devices and storm drain lines. The study shall analyze 1, 3, 6 and 24-hour duration events for the 2, 5, 10 and 100-year storm events [MC 9.14.110(A.1)]. A digital (pdf) copy of the approved drainage study shall be submitted to the Land Development Division. 101. Emergency overflow areas shall be shown at all applicable drainage improvement locations in the event that the drainage improvement fails or exceeds full capacity. 102. A final project-specific Water Quality Management Plan (WQMP) shall be submitted for review and approved by the City Engineer, which:
a. Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizes directly F.1.w
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connected impervious areas to the City’s street and storm drain systems, and conserves natural areas;
b. Incorporates Source Control BMPs and provides a detailed description of their implementation;
c. Describes the long-term operation and maintenance requirements for BMPs requiring maintenance; and
d. Describes the mechanism for funding the long-term operation and maintenance of the BMPs.
A copy of the final WQMP template can be obtained on the City’s Website or by contacting the Land Development Division. A digital (pdf) copy of the approved final project-specific Water Quality Management Plan (WQMP) shall be submitted to the Land Development Division.
103. The final project-specific Water Quality Management Plan (WQMP) shall be consistent with the approved P-WQMP, as well as in full conformance with the document: “Water Quality Management Plan - A Guidance Document for the Santa Ana Region of Riverside County” dated October 22, 2012. The F-WQMP shall be submitted and approved prior to application for and issuance of grading permits. At a minimum, the F-WQMP shall include the following: Site Design BMPs; Source Control BMPs, Treatment Control BMPs, Operation and Maintenance requirements for BMPs and sources of funding for BMP implementation. a. The Applicant has proposed to incorporate the use of bioretention and biotreatment BMPs. Final design and sizing details of all BMPs must be provided in the first submittal of the F-WQMP. The Applicant acknowledges that more area than currently shown on the plans may be required to treat site runoff as required by the WQMP guidance document.
b. The Applicant shall substantiate the applicable Hydrologic Condition of Concerns (HCOC) in Section F of the F-WQMP.
c. All proposed LID BMP’s shall be designed in accordance with the RCFC&WCD’s Design Handbook for Low Impact Development Best Management Practices, dated September 2011.
d. The proposed LID BMP’s as identified in the project-specific P-WQMP shall be incorporated into the Final WQMP.
e. The NPDES notes per City Standard Drawing No. MVFE-350-0 shall be included in the grading plans.
f. Post-construction treatment control BMPs, once placed into operation for post-construction water quality control, shall not be used to treat runoff from construction sites or unstabilized areas of the site.
g. Prior to precise grading plan approval, the grading plan shall show any proposed trash enclosure to include a cover (roof) and sufficient size for dual bin (1 for trash and 1 for recyclables). The architecture shall be approved by the Planning Division and any structural approvals shall be made by the Building and Safety Division.
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104. The developer shall ensure compliance with the City Grading ordinance, these Conditions of Approval and the following criteria:
a. The
project street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area and outlet points. Unless otherwise approved by the City Engineer, lot lines shall be located at the top of slopes.
b. Any grading that creates cut or fill slopes adjacent to the street shall provide erosion control, sight distance control, and slope easements as approved by the City Engineer.
c. All improvement plans are substantially complete and appropriate clearance letters are provided to the City.
d. A soils/geotechnical report (addressing the soil’s stability and geological conditions of the site) shall be submitted to the Land Development Division for review. A digital (pdf) copy of the soils/geotechnical report shall be submitted to the Land Development Division.
105. Grading plans (prepared by a registered/licensed civil engineer) shall be submitted for review and approved by the City Engineer per the current submittal requirements.
106. The developer shall select Low Impact Development (LID) Best Management Practices (BMPs) designed per the latest version of the Water Quality Management Plan (WQMP) - a guidance document for the Santa Ana region of Riverside County. 107. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared in conformance with the State’s current Construction Activities Storm Water General Permit. A copy of the current SWPPP shall be kept at the project site and be available for review upon request.
108. For projects that will result in discharges of storm water associated with construction with a
soil disturbance of one or more acres of land, the developer shall submit a Notice of Intent (NOI) and obtain a Waste Discharger’s Identification number (WDID#) from the State Water Quality Control Board (SWQCB) which shall be noted on the grading plans.
Prior to Grading Permit
109. 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)]
110. 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.
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111. 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]
112. 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)]
113. 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]
114. For non-subdivision projects, a copy of the Covenants, Conditions and Restrictions (CC&Rs) shall be submitted for review by the City Engineer. The CC&Rs shall include, but not be limited to, access easements, reciprocal access, private and /or public utility easements as may be relevant to the project.
Prior to Improvement Plan Approval
115. 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. 116. The developer shall submit clearances from all applicable agencies, and pay all applicable plan check fees.
117. The street improvement plans shall comply with current City policies, plans and applicable City standards (i.e. MVSI-160 series, etc.) throughout this project. 118. 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] F.1.w
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119. 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.
120. Any missing or deficient existing improvements along the project frontage within Old 215 Frontage Road and
Edgemont Street 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. 121. 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. 122. 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.
123. 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
124. A digital (pdf) copy of all approved improvement plans shall be submitted to the Land Development Division.
125. Any work performed within public right-of-way requires an encroachment permit.
Prior to Building Permit
126. 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 F.1.w
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licensed civil engineer.
127. 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.
128. 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.
129. 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.
130. For non-subdivision projects, the developer shall guarantee the completion of all related public improvements required for this project by executing a Public Improvement Agreement (PIA) with the City and posting the required security. [MC
9.14.220]
Prior to Occupancy
131. 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.
132. The final/precise grade certification shall be submitted for review and approved by the City Engineer.
133. 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 shall establish a Property Owners Association (POA) to finance the maintenance of the "Water Quality BMPs". Any lots which are identified as "Water Quality BMPs" shall be owned in fee by the POA. 134. 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 gutter, sidewalks, drive approaches, street lights, signing, striping, under sidewalk drains, landscaping and irrigation, full-width median, pavement tapers/transitions F.1.w
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and traffic control devices as appropriate.
b. Storm
drain facilities including, but not limited to: storm drain pipe, storm drain laterals, 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. Undergrounding 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.
135. 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.
136. 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.
137. 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.
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Special Conditions
138. Prior to occupancy, the following improvements shall be completed:
Old 215 Frontage
Rd. (110' R/W / 86' CC: 4-lane Divided Arterial, City Standard No. MVSI-103A-1) shall be constructed to achieve an easterly street half-width of 43', a full width 18’ median centered about the boundary between the City of Moreno Valley and the City of Riverside, plus an additional 14' of pavement on the west side of the street, along the entire project's west frontage. Improvements shall consist of, but not 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. An encroachment permit from the City of Riverside will be required for the westerly half of the median located outside of the City of Moreno Valley’s city limits.
139. Prior to occupancy, the following improvements shall be completed:
Edgemont St. (
60' R/W / 36' CC: Modified Local Street, Modified City Standard No.
MVSI-107A-0) shall be constructed to achieve a half-width of 18' plus an additional 12' of pavement, along the entire project's east frontage. Improvements shall consist of, but not 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. 140. Prior to building permit issuance, the developer shall process a street vacation of seventeen (17) feet for Old 215 Frontage Rd. along the project frontage. 141. 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.
142. The owner/developer shall address the issue of standing water in Edgemont Channel adjacent to the project site. A professional services company shall be hired to perform a one-time clean out of the culvert underneath Old 215 Frontage Road.
The clean out service will be limited to the channel opening located on the east side of Old 215 Frontage Road and extend to the centerline of Old 215 Frontage Road, staying within the City of Moreno Valley’s City limits. 143. Prior to building permit issuance, the developer shall have the option of the following:
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- Record Parcel Map 38325 per the "Prior to Map Approval" conditions of approval of PEN21-0327; or
- Process the necessary number of lot line adjustments to achieve the required resultant lot(s).
Special Districts Division
144. CFD 2014-01. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee, form an association to fund the services or fund an endowment) to provide an ongoing funding source for Landscape Maintenance Services for public parkway, traffic circle, open space, and/or median landscaping on Old 215 Frontage Road.
This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful annexation/formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector(s) will not protest the annexation or formation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings.
Alternatively, the condition can be satisfied by the Developer forming a property owner association that will be responsible for the improvements and any and all operation and maintenance costs for the improvements or by funding an endowment in an amount sufficient to yield an annual revenue stream that meets the annual obligation, as calculated by Special Districts Admin staff. The Developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to satisfy this condition.
145. Approved Landscape Plans. For those areas to be maintained by the City and prior to the
issuance of the 1st Building Permit, Planning, Landscape Services and Transportation Engineering staff, at a minimum, shall review and approve the final median, parkway, slope, traffic circle and/or open space landscape/irrigation plans as designated on the tentative map or in these Conditions of Approval.
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146. Major Infrastructure SFD Major Infrastructure Financing District. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation) to provide an ongoing funding source for the construction and maintenance of major infrastructure improvements, which may include but is not limited to thoroughfares, bridges, and certain flood control improvements. This condition will be applicable provided said district is under development at the time this project applies for the 1st Building Permit. This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful annexation/formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector(s) will not protest the annexation or formation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings. An alternative to satisfying this condition will be identified at such time as a special financing district has been established. At the time of development, the developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to determine if this condition is applicable. 147. Park 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.
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 F.1.w
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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, as calculated by Special Districts Admin staff. The Developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to satisfy this condition.
148. Maintenance Services Funding. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation) to provide an ongoing funding source for the operation and maintenance of public improvements and/or services associated with impacts of the development. This condition will only be applicable provided said district is under development at the time this project applies for the 1st Building Permit.
This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful annexation/formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector(s) will not protest the annexation or formation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings.
An alternative to satisfying this funding source will be identified at such time as a special financing district has been established. At the time of development, the developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to determine if this condition is applicable. 149. Public Safety Funding. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee F.1.w
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or use the alternative identified at the time of the special financing district formation ) to provide
an ongoing funding source for Public Safety services, which may include but is not limited to Police, Fire Protection, Paramedic Services, Park Rangers, and Animal Control services. This condition will only be applicable provided said district is under development at the time this project applies for the 1st Building Permit.
This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful annexation/formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector(s) will not protest the annexation or formation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings.
An alternative to satisfying this condition will be identified at such time as a special financing district has been established. At the time of development, the developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to determine if this condition is applicable. 150. Bioretention Basin Maintenance. The ongoing maintenance of any bioretention basin, or
other like water quality BMP constructed in the public right of way, shall be the responsibility of a property owner association or the property owner. 151. Maintenance Period. The Developer, or the Developer’s successors or assignees shall be responsible for all parkway, traffic circle, open space and/or median landscape maintenance and utility costs, etc. for a period no less than one (1) year commencing from the time all items of work have been completed to the satisfaction of Landscape Services staff as per the City of Moreno Valley Public Works Department Landscape Design Guidelines, or until such time as the City accepts maintenance responsibilities.
152. ECSD Street Light Acknowledgement. Prior to the 1st Certificate of Occupancy, the Developer must submit an acknowledgement from Edgemont Community Services District confirming it has accepted all street lights required to be installed by this project into its system for ongoing maintenance. Said acknowledgement must be emailed to [email protected]. ECSD can be reached at 951.784.2411, P.O.
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Box 5436, Riverside, CA 92514.
153. Independent Utilities. Parkway, median, slope, traffic circle and/or open space landscape areas included within a special financing district are required to have independent utility systems, including but not limited to water, electric, and telephone services. An independent irrigation controller and pedestal will also be required. Combining utility systems with existing or future landscape areas that are not within the same CFD 2014-01 tax rate layers or funding program (e.g. NPDES) will not be permitted.
154. Landscape Inspection Fees. Inspection fees for the monitoring of landscape installation associated
with the City of Moreno Valley maintained landscaping are due prior to the required pre-construction meeting. (MC 3.32.040) 155. Landscape Guidelines. Plans for parkway, median, slope, traffic circle, 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 or from Landscape Services (951.413.3480 or [email protected]).
156. Maintenance Responsibility. The ongoing maintenance of any landscaping required to be installed behind the curb shall be the responsibility of the property owner. 157. Landscape Plan Check Fees. Plan check fees for review of parkway/median, open space,
and/or 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)
158. Parkway, open space, traffic circle, and/or median 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 project. 159. Mylars of the landscape and irrigation plans shall be submitted on hanging tab to Landscape Services.
Transportation Engineering Division
160. Conditions of approval may be modified or added if a phasing plan is submitted for this development.
161. All project driveways shall conform to City of Moreno Valley Standard Plans No.
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MVSI-112C-0 for Commercial Driveway Approaches. Access at the driveways shall be allowed as follows:
• Old 215 Frontage Road driveways: right-turn in/out only. Access restriction shall be accomplished with the construction of a raised median on Old 215 Frontage Road. 162. Each gated entrance shall be provided with the following:
• A storage lane with a minimum of 75 feet queuing length for entering traffic. • Signing and striping.
• A separate pedestrian entry.
All of these features must be kept in working order.
163.
All proposed on-site traffic signing and striping should be accordance with the latest California Manual on Uniform Traffic Control Devices (CAMUTCD). Appropriate signage shall be installed to restrict truck access to the northerly and southerly driveways only.
164. Old 215 Frontage Road is designated as a 4-Lane Divided Arterial (110’RW/86’CC) per City Standard Plan No. MVSI-103A-0. Any improvements undertaken by this project shall be consistent with the City’s standards for this facility. Additional improvements shall be required to transition from ultimate street width along the project frontage to existing edge of pavement north and south of the project site.
165. Edgemont Street is designated as a Modified Local (60’RW/36’CC) per City Standard Plan No. MVSI-107A-0. Any improvements undertaken by this project shall be consistent with the City’s standards for this facility. Additional improvements shall be required to transition from ultimate street width along the project frontage to existing edge of pavement north and south of the project site. 166. 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 Traffic Engineer. 167. Prior to final approval of any landscaping or monument sign plans, the project plans shall demonstrate
that sight distance at the project driveways conforms to City Standard Plan No. MVSI-164A, B, C-0.
168. Prior to the final approval of the street improvement plans, a signing and striping plan shall
be prepared per City of Moreno Valley Standard Plans - Section 4 for all streets within the project area.
169. 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 concrete median F.1.w
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on Old 215 Frontage Road along the project frontage.
170. Prior to issuance of a Certificate of Occupancy, all approved street improvements shall be installed to the satisfaction of the City Engineer. 171. Prior to issuance of a Certificate of Occupancy, all approved signing and striping shall be installed per current City Standards.
172. Prior to issuance of the first building permit, the Developer shall provide fair share funding to the City of Riverside Public Works Department for necessary traffic signal appurtenance equipment for the improvement, as identified in the Cottonwood & Edgemont Warehouse Traffic Analysis, dated January 6, 2023 at the intersection of Old 215 Frontage Road and Eucalyptus Avenue.
PARKS & COMMUNITY SERVICES DEPARTMENT
173. This project is subject to current Development Impact Fees.
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Condi
tions of Approval PEN21-0326
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CITY OF MORENO VALLEY
CONDITIONS OF APPROVAL
Plot Plan (PEN21-0326)
EFFECTIVE DATE:
EXPIRATION DATE:
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. 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)
2. Any expansion to this use or exterior alterations will require the submittal of a separate application(s) and shall be reviewed and approved under separate permit(s). (MC 9.02.080)
3. The developer, or the developer's successor-in-interest, shall be responsible for maintaining any undeveloped portion of the site in a manner that provides for the control of weeds, erosion and dust. (MC 9.02.030)
4. This approval shall expire three years after the approval date of this project unless used or extended as provided for by the City of Moreno Valley Municipal Code; otherwise it shall become null and void and of no effect whatsoever. Use means the beginning of substantial construction contemplated by this approval within the three-year period, which is thereafter pursued to completion, or the beginning of substantial utilization contemplated by this approval. (MC 9.02.230)
5. The Developer shall defend, indemnify and hold harmless the City, city council, commissions, boards, subcommittees and the City’s elected and appointed officials, commissioners, board members, officers, agents, consultants and employees (“City Parties”) from and against any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following items: (i) any prior or current agreements by and among the City and the Developer; (ii) the current, concurrent and subsequent permits, licenses and entitlements approved by the City; (iii) any environmental determination made by the City in connection with F.1.w
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the Project Site and the Project; and (iv) any proceedings or other actions undertaken by the City in connection with the adoption or approval of any of the above. In the event of any administrative, legal, equitable action or other proceeding instituted by any third party (including without limitation a governmental entity or official) challenging the legality, validity or adequacy of any of the above items or any portion thereof, the Parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, the City, at its sole option, may tender the complete defense of any third party challenge as described herein. In the event the City elects to contract with special counsel to provide for such a defense, the City shall meet and confer with the Developer regarding the selection of counsel, and the Developer shall pay all costs related to retention of such counsel by the City.
6. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. (MC 9.02.030)
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)
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.
9. 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.
Special Conditions
10. To ensure the proposed project has adequate water provisions, if the proposed project
is within the Box Springs Mutual Water Company's ("Water Company") jurisdictional boundaries, the applicant, or underlying property owner, as may be determined by the City, shall execute a proxy or suitable instrument, providing the City with authority to exercise voting shares associated with the land on behalf of the applicant or underlying property owner, or otherwise exercise such rights consistent with the intent of this condition upon consent of the City.
11. This approval is for Building 2 (PEN21-0326), which is approximately 49,815 square feet in size. The application (PEN21-0326) relates to Master Plot Plan (PEN21-0325) and Tentative Parcel Map 38325 (PEN21-0327). Any change or F.1.w
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modification to Building 2 (PEN21-0236) shall require separate approval.
12. The project shall be designed and constructed to meet LEED Silver Equivalent with evidence provided to the City.
13. 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.
14. Prior to issuance of any building permits, final landscaping and irrigation plans shall be submitted
for review and approved by the Planning Division. The plans shall be prepared in accordance with the City's Landscape Requirements to include a drought tolerant palette. (MVMC 9.17)
15. Prior to issuance of grading permits, the location of the trash enclosure shall be included on the plans.
16. 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)
Prior to Grading Permit
17. Prior to issuance of any grading permit, all Conditions of Approval, and Mitigation Measures shall be printed on the grading plans.
18. Prior to the issuance of grading permits, decorative (e.g. colored/ scored concrete or as approve by the Planning Official) pedestrian pathways across circulation aisles/paths shall be provided throughout the development to connect dwellings with open spaces and/or recreational uses or commercial/industrial buildings with open space and/or parking. and/or the public right-of-way. The pathways shall be shown on the precise grading plan. (GP Objective 46.8, DG)
19. 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)
20. Prior to issuance of grading permits, the developer shall pay the applicable F.1.w
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Stephens’ Kangaroo Rat (SKR) Habitat Conservation Plan mitigation fee. (Ord)
21. 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).
22. 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.
23. Prior to the issuance of grading permits, the developer shall submit wall /fence plans to the Planning Division for review and approval as follows:
a
. 3-foot high decorative wall, solid hedge, or berm shall be placed in any setback areas between a public right of way and a parking lot for screening. b. Any proposed retaining walls shall also be decorative in nature, while the combination of retaining and other walls on top shall not exceed the height requirement.
c. Proposed screening walls for truck loading areas and required loading docks shall include decorative block walls with pilasters with a height of fourteen (14) feet to fully screen trucks (industrial and some situations with commercial uses). d. Walls and fences for visual screening are required when there are adjacent residential uses or residentially zone property. The height, placement, and design will be based on a site-specific review of the project. All walls are subject to the F.1.w
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approval of the Planning Official. (MC 9.08.070)
24. 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.
25. Prior to issuance of any building permit, all Conditions of Approval, and Mitigation Measures shall be printed on the building plans.
26. 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. (or No sod shall be installed)
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.
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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.
27. 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)
28. Prior to issuance of a building permit, the developer/property owner or developer's successor-in-interest shall pay all applicable impact fees due at permit issuance, including but not limited to Multi-species Habitat Conservation Plan (MSHCP) mitigation fees. (Ord)
29. Prior to building final, the developer/owner or developer's/owner’s successor-in-interest shall
pay all applicable impact fees, including but not limited to Transportation Uniform Mitigation fees (TUMF), and the City’s adopted Development Impact Fees. (Ord)
30. 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.
31. 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)
32. 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.
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Prior to Building Final or Occupancy
33. 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).
34. Prior to building final, Planning approved/stamped landscape plans shall be provided to the Community Development Department – Planning Division on a CD disk.
35. 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).
Building Division
36. The proposed non-residential project shall comply with the latest Federal Law, Americans with Disabilities Act, and State Law, California Code of Regulations, Title 24, Chapter 11B for accessibility standards for the disabled including access to the site, exits, bathrooms, work spaces, etc.
37. Prior to submittal, all new development, including residential second units, are required to
obtain a valid property address prior to permit application. Addresses can be obtained by contacting the Building Safety Division at 951.413.3350.
38. Contact the Building Safety Division for permit application submittal requirements.
39. 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 2016 California Green Building Standards Code, sections 5.410.2 - 5.410.2.6 must be met.
40. 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.
41. Building plans submitted shall be signed and sealed by a California licensed design professional as required by the State Business and Professions Code.
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42. 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.
43. All new structures shall be designed in conformance to the latest design standards adopted by
the State of California in the California Building Code, (CBC) Part 2, Title 24, California Code of Regulations including requirements for allowable area, occupancy separations, fire suppression systems, accessibility, etc. The current code edition is the 2019 CBC.
44. The proposed non-residential project shall comply with 2019 California Green Building Standards Code, Section 5.106.5.3, mandatory requirements for Electric Vehicle Charging Station (EVCS).
45. 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 2016 California Plumbing Code, Table 422.1. The occupant load and occupancy classification shall be determined in accordance with the California Building Code.
ECONOMIC DEVELOPMENT DEPARTMENT (EDD)
46. New Moreno Valley businesses may work with the Economic Development Department to coordinate job recruitment fairs.
47. New Moreno Valley businesses may adopt a “First Source” approach to employee recruitment that gives notice of job openings to Moreno Valley residents for one week in advance of public recruitment.
48. New Moreno Valley businesses are encouraged to hire local residents.
49. New Moreno Valley businesses are encouraged to provide a job fair flyer and/or web announcement
to the City in advance of job recruitments, so that the City can assist in publicizing these events.
50. New Moreno Valley businesses may utilize the workforce recruitment services provided by
the Moreno Valley Business & Employment Resource Center (“BERC”).
The BERC offers free assistance to Moreno Valley businesses recruiting and training potential employees. Complimentary services include:
• Job Announcements
• Applicant testing / pre-screening
• Interviewing
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• Job Fair support
• Training space
FIRE DEPARTMENT
Fire Prevention Bureau
51. All Fire Department access roads or driveways shall not exceed 12 percent grade . (CFC 503.2.7 and MVMC 8.36.060[G])
52. The Fire Department emergency vehicular access road shall be (all weather surface
) capable of sustaining an imposed load of 80,000 lbs. GVW, based on street standards approved by the Public Works Director and the Fire Prevention Bureau. The approved fire access road shall be in place during the time of construction. Temporary fire access roads shall be approved by the Fire Prevention Bureau. (CFC 501.4, and MV City Standard Engineering Plan 108d)
53. The angle of approach and departure for any means of Fire Department access shall not
exceed 1 ft drop in 20 ft (0.3 m drop in 6 m), and the design limitations of the fire apparatus of the Fire Department shall be subject to approval by the AHJ. (CFC 503 and MVMC 8.36.060)
54. Prior to construction, all locations where structures are to be built shall have an approved Fire
Department access based on street standards approved by the Public Works Director and the Fire Prevention Bureau. (CFC 501.4)
55. Prior to issuance of Building Permits, the applicant/developer shall provide the Fire Prevention Bureau with an approved site plan for Fire Lanes and signage. (CFC 501.3)
56. Prior to issuance of Certificate of Occupancy or Building Final, “Blue Reflective Markers
” shall be installed to identify fire hydrant locations in accordance with City specifications. (CFC 509.1 and MVLT 440A-0 through MVLT 440C-0)
57. Prior to issuance of building permits, plans specifying the required structural materials for
building construction in high fire hazard severity zones shall be submitted to the Fire Prevention Bureau for approval. (CFC, 4905)
58. 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])
59. Existing fire hydrants on public streets are allowed to be considered available.
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CONDITIONS OF APPROVAL
Plot Plan (PEN21-0326)
Existing fire hydrants on adjacent properties shall not be considered available unless fire apparatus access roads extend between properties and easements are established to prevent obstruction of such roads. (CFC 507, 501.3) a - After the local water company signs the plans, the originals shall be presented to the Fire Prevention Bureau for signatures. An approved water system, including fire hydrants, shall be installed, made serviceable, and be accepted by the Moreno Valley Fire Department prior to bringing combustible construction on-site. They shall be maintained accessible.
60. 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.
61. Prior to issuance of Certificate of Occupancy or Building Final, the applicant/developer shall install
a fire alarm system monitored by an approved
Underwriters Laboratory listed central station based on a requirement for monitoring the sprinkler system, occupancy or use. Fire alarm panel shall be accessible from exterior of building in an approved location. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Chapter 9 and MVMC
8.36.100)
62. The Fire Code Official is authorized to enforce the fire safety during construction requirements of Chapter 33. (CFC Chapter 33 & CBC Chapter 33)
63. 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])
64. 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])
65. Prior to issuance of the building permit for development, independent paved access to the nearest
paved road, maintained by the City shall be designed and constructed by the developer within the public right of way in accordance with City Standards. (MVMC 8.36.060, CFC 501.4)
66. 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)
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67. 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)
68. Multi-family residences shall display the address in accordance with the Riverside County Fire Department Premises Identification standard 07-01. (CFC 505.1)
69. Fire Department access driveways over 150 feet in length shall have a turn-around as determined by the Fire Prevention Bureau capable of accommodating fire apparatus. (CFC 503 and MVMC 8.36.060, CFC 501.4)
70. During phased construction, dead end roadways and streets which have not been completed shall have
a turn-around capable of accommodating fire apparatus.
(CFC 503.1 and 503.2.5)
71. If construction is phased, each phase shall provide an approved emergency vehicular access way
for fire protection prior to any building construction. ( CFC 501.4)
72. 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)
73. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all
commercial buildings per CFC Appendix B and Table B105.1.
The applicant/developer shall provide documentation to show there exists a water system capable of delivering said waterflow for 2 hour(s) duration at 20-PSI residual operating pressure. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. Specific requirements for the project will be determined at time of submittal. (CFC 507.3, Appendix B)
74. Dead-end streets and/or fire apparatus access roads in excess of 150 feet in length shall be provided with an approved turnaround for fire apparatus.
75. Prior to construction, all traffic calming designs/devices must be approved by the Fire Marshal and City Engineer.
76. Prior to building construction, dead end roadways and streets which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC F.1.w
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503.2.5)
77. 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. An approved water system, including fire hydrants, shall be installed, made serviceable, and be accepted by the Moreno Valley Fire Department prior to bringing combustible construction on-site.
They shall be maintained accessible.
FINANCIAL & MANAGEMENT SERVICES DEPARTMENT
Moreno Valley Utility
78. This project requires the installation of electric distribution facilities. A non -exclusive easement shall be provided to Moreno Valley Utility and shall include the rights of ingress and egress for the purpose of operation, maintenance, facility repair, and meter reading.
79. This project requires the installation of electric distribution facilities. The developer shall submit a
detailed engineering plan showing design, location and schematics for the utility system to be approved by the City Engineer. In accordance with Government Code Section 66462, the Developer shall execute an agreement with the City providing for the installation, construction, improvement and dedication of the utility system following recordation of final map and/or concurrent with trenching operations and other improvements so long as said agreement incorporates the approved engineering plan and provides financial security to guarantee completion and dedication of the utility system.
The Developer shall coordinate and receive approval from the City Engineer to install, construct, improve, and dedicate to the City all utility infrastructure including but not limited to, conduit, equipment, vaults, ducts, wires, switches, conductors, transformers, and “bring-up” facilities including electrical capacity to serve the identified development and other adjoining, abutting, or benefiting projects as determined by Moreno Valley Utility – collectively referred to as “utility system”, to and through the development, along with any appurtenant real property easements, as determined by the City Engineer necessary for the distribution and/or delivery of any and all “utility services” to and within the project. For purposes of this condition, “utility services” shall mean electric, cable television, telecommunication (including video, voice, and data) and other similar services designated by the City Engineer . “Utility services” shall not include sewer, water, and natural gas services, which are F.1.w
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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.
80. 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.
81. This project is subject to a Reimbursement Agreement. The Developer is responsible for
a proportionate share of costs associated with electrical distribution infrastructure previously installed that directly benefits the project. Payment shall be required prior to issuance of building permits.
PUBLIC WORKS DEPARTMENT
Land Development
82. 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.
83. 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]
84. 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 F.1.w
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Improvement plans.
85. 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.
86. 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.
87. 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)]
88. Public drainage easements, when required, shall be a minimum of 25 feet wide and shall be shown on the map and plan, and noted as follows: “Drainage Easement – no structures, obstructions, or encroachments by land fills are allowed.” In addition, the grade within the easement area shall not exceed a 3:1 (H:V) slope, unless approved by the City Engineer.
89. The maintenance responsibility of the proposed storm drain line shall be clearly identified.
Storm drain lines within private property will be privately maintained and those within public streets will be publicly maintained.
90. The proposed private storm drain system shall connect to the existing concrete channel north
of the project. 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.
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91. 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. Rough grading w/ erosion control plan (prior to grading permit issuance); b. Precise grading w/ erosion control plan (prior to building permit issuance); c. Public improvement plan (e.g., street/storm drain w/striping, RCFC storm drain, sewer/water, etc.) (prior to map approval);
d. Final drainage study (prior to grading plan approval); e. Final WQMP (prior to grading plan approval);
f. Legal documents (e.g., easement(s), dedication(s), lot line adjustment, vacation, etc.) (prior to building permit issuance);
g. As-Built revision for all plans (prior to Occupancy release).
92. Water quality best management practices (BMPs) designed to meet Water Quality Management Plan (WQMP) requirements for development shall not be used as a construction BMP. Water quality BMPs shall be maintained for the entire duration of the project construction and be used to treat runoff from those developed portions of the project. Water quality BMPs shall be protected from upstream construction related runoff by having proper best management practices in place and maintained. Water quality BMPs shall be graded per the approved design plans and once landscaping and irrigation has been installed, it and its maintenance shall be turned over to the responsible party for maintenance.
93. 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]
Prior to Grading Plan Approval
94. Resolution of all drainage issues shall be as approved by the City Engineer.
95. A final detailed drainage study (prepared by a registered/licensed civil engineer) shall be submitted for review and approved by the City Engineer. The study shall include, but not be limited to: existing and proposed hydrologic conditions as well as hydraulic calculations for all drainage control devices and storm drain lines. The study shall analyze 1, 3, 6 and 24-hour duration events for the 2, 5, 10 and 100-year storm events [MC 9.14.110(A.1)]. A digital (pdf) copy of the approved drainage study shall be submitted to the Land Development Division.
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96. Emergency overflow areas shall be shown at all applicable drainage improvement locations in the event that the drainage improvement fails or exceeds full capacity.
97. A final project-specific Water Quality Management Plan (WQMP) shall be submitted for review and approved by the City Engineer, which:
a. Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizes directly connected impervious areas to the City’s street and storm drain systems, and conserves natural areas;
b. Incorporates Source Control BMPs and provides a detailed description of their implementation;
c. Describes the long-term operation and maintenance requirements for BMPs requiring maintenance; and
d. Describes the mechanism for funding the long-term operation and maintenance of the BMPs.
A copy of the final WQMP template can be obtained on the City’s Website or by contacting the Land Development Division. A digital (pdf) copy of the approved final project-specific Water Quality Management Plan (WQMP) shall be submitted to the Land Development Division.
98. The final project-specific Water Quality Management Plan (WQMP) shall be consistent with the approved P-WQMP, as well as in full conformance with the document: “Water Quality Management Plan - A Guidance Document for the Santa Ana Region of Riverside County” dated October 22, 2012. The F-WQMP shall be submitted and approved prior to application for and issuance of grading permits. At a minimum, the F-WQMP shall include the following: Site Design BMPs; Source Control BMPs, Treatment Control BMPs, Operation and Maintenance requirements for BMPs and sources of funding for BMP implementation. a. The Applicant has proposed to incorporate the use of bioretention and biotreatment BMPs. Final design and sizing details of all BMPs must be provided in the first submittal of the F-WQMP. The Applicant acknowledges that more area than currently shown on the plans may be required to treat site runoff as required by the WQMP guidance document.
b. The Applicant shall substantiate the applicable Hydrologic Condition of Concerns (HCOC) in Section F of the F-WQMP.
c. All proposed LID BMP’s shall be designed in accordance with the RCFC&WCD’s Design Handbook for Low Impact Development Best Management Practices, dated September 2011.
d. The proposed LID BMP’s as identified in the project-specific P-WQMP shall be incorporated into the Final WQMP.
e. The NPDES notes per City Standard Drawing No. MVFE-350-0 shall be included in the grading plans.
f. Post-construction treatment control BMPs, once placed into operation for post-construction water quality control, shall not be used to treat runoff from F.1.w
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construction sites or unstabilized areas of the site.
g. Prior
to precise grading plan approval, the grading plan shall show any proposed trash enclosure to include a cover (roof) and sufficient size for dual bin (1 for trash and 1 for recyclables). The architecture shall be approved by the Planning Division and any structural approvals shall be made by the Building and Safety Division.
99. The developer shall ensure compliance with the City Grading ordinance, these Conditions of Approval and the following criteria:
a. The
project street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area and outlet points. Unless otherwise approved by the City Engineer, lot lines shall be located at the top of slopes.
b. Any grading that creates cut or fill slopes adjacent to the street shall provide erosion control, sight distance control, and slope easements as approved by the City Engineer.
c. All improvement plans are substantially complete and appropriate clearance letters are provided to the City.
d. A soils/geotechnical report (addressing the soil’s stability and geological conditions of the site) shall be submitted to the Land Development Division for review. A digital (pdf) copy of the soils/geotechnical report shall be submitted to the Land Development Division.
100. Grading plans (prepared by a registered/licensed civil engineer) shall be submitted for review and approved by the City Engineer per the current submittal requirements.
101. The developer shall select Low Impact Development (LID) Best Management Practices (BMPs) designed per the latest version of the Water Quality Management Plan (WQMP) - a guidance document for the Santa Ana region of Riverside County. 102. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared in conformance with the State’s current Construction Activities Storm Water General Permit. A copy of the current SWPPP shall be kept at the project site and be available for review upon request.
103. For projects that will result in discharges of storm water associated with construction with a
soil disturbance of one or more acres of land, the developer shall submit a Notice of Intent (NOI) and obtain a Waste Discharger’s Identification number (WDID#) from the State Water Quality Control Board (SWQCB) which shall be noted on the grading plans.
Prior to Grading Permit
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104. 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)]
105. 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. 106. 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]
107. 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]
108. 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)]
109. For non-subdivision projects, a copy of the Covenants, Conditions and Restrictions (CC&Rs) shall be submitted for review by the City Engineer. The CC&Rs shall include, but not be limited to, access easements, reciprocal access, private and /or public utility easements as may be relevant to the project.
Prior to Improvement Plan Approval
110. 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. 111. The developer shall submit clearances from all applicable agencies, and pay all applicable plan check fees.
112. The street improvement plans shall comply with current City policies, plans and applicable City standards (i.e. MVSI-160 series, etc.) throughout this project. 113. The hydrology study shall be designed to accept and properly convey all off-site F.1.w
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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] 114. 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.
115. Any missing or deficient existing improvements along the project frontage within Old 215 Frontage Road
and Edgemont Street 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. 116. 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. 117. 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.
118. 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
119. A digital (pdf) copy of all approved improvement plans shall be submitted to the Land Development Division.
120. Any work performed within public right-of-way requires an encroachment permit.
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Prior to Building Permit
121. 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.
122. 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.
123. 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.
124. 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).
125. For non-subdivision projects, the developer shall guarantee the completion of all related public improvements required for this project by executing a Public Improvement Agreement (PIA) with the City and posting the required security. [MC
9.14.220]
Prior to Occupancy
126. 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.
127. The final/precise grade certification shall be submitted for review and approved by the City Engineer.
128. 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 shall establish a Property Owners Association (POA) to finance the maintenance of the "Water Quality BMPs". Any lots which are F.1.w
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identified as "Water Quality BMPs" shall be owned in fee by the POA. 129. 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 gutter, sidewalks, drive approaches, street lights, signing, striping, under sidewalk drains, landscaping and irrigation, full-width median, pavement tapers/transitions and traffic control devices as appropriate.
b. Storm drain facilities including, but not limited to: storm drain pipe, storm drain laterals, 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. Undergrounding 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.
130. 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.
131. 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.
132. 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;
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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
133. Prior to occupancy, the following improvements shall be completed:
Old 215
Frontage Rd. (110' R/W / 86' CC: 4-lane Divided Arterial, City Standard No. MVSI-103A-1) shall be constructed to achieve an easterly street half-width of 43', a full width 18’ median centered about the boundary between the City of Moreno Valley and the City of Riverside, plus an additional 14' of pavement on the west side of the street, along the entire project's west frontage. Improvements shall consist of, but not 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. An encroachment permit from the City of Riverside will be required for the westerly half of the median located outside of the City of Moreno Valley’s city limits.
134. Prior to occupancy, the following improvements shall be completed:
Edgemont St.
(60' R/W / 36' CC: Modified Local Street, Modified City Standard No.
MVSI-107A-0) shall be constructed to achieve a half-width of 18' plus an additional 12' of pavement, along the entire project's east frontage. Improvements shall consist of, but not 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. 135. Prior to building permit issuance, the developer shall process a street vacation of seventeen (17) feet for Old 215 Frontage Rd. along the project frontage. 136. 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.
137. The owner/developer shall address the issue of standing water in Edgemont Channel adjacent to the project site. A professional services company shall be hired F.1.w
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Attachment: Resolution 2023-__ Tentative Parcel Map, Master Plot Plan, and Plot Plan [Revision 2] (6240 : Master Plot Plan, a Plot Plan and a
CONDITIONS OF APPROVAL
Plot Plan (PEN21-0326)
to perform a one-time clean out of the culvert underneath Old 215 Frontage Road.
The clean out service will be limited to the channel opening located on the east side of Old 215 Frontage Road and extend to the centerline of Old 215 Frontage Road, staying within the City of Moreno Valley’s City limits. 138. Prior to building permit issuance, the developer shall have the option of the following:
- Record
Parcel Map 38325 per the "Prior to Map Approval" conditions of approval of PEN21-0327; or
- Process the necessary number of lot line adjustments to achieve the required resultant lot(s).
Special Districts Division
139. CFD 2014-01. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee, form an association to fund the services or fund an endowment) to provide an ongoing funding source for Landscape Maintenance Services for public parkway, traffic circle, open space, and/or median landscaping on Old 215 Frontage Road.
This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful annexation/formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector(s) will not protest the annexation or formation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings.
Alternatively, the condition can be satisfied by the Developer forming a property owner association that will be responsible for the improvements and any and all operation and maintenance costs for the improvements or by funding an endowment in an amount sufficient to yield an annual revenue stream that meets the annual obligation, as calculated by Special Districts Admin staff. The Developer must contact Special Districts Administration at 951.413.3470 or at F.1.w
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CONDITIONS OF APPROVAL
Plot Plan (PEN21-0326)
[email protected] to satisfy this condition.
140. Approved Landscape Plans. For those areas to be maintained by the City and prior to the
issuance of the 1st Building Permit, Planning, Landscape Services and Transportation Engineering staff, at a minimum, shall review and approve the final median, parkway, slope, traffic circle and/or open space landscape/irrigation plans as designated on the tentative map or in these Conditions of Approval. 141. Major Infrastructure SFD Major Infrastructure Financing District. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation) to provide an ongoing funding source for the construction and maintenance of major infrastructure improvements, which may include but is not limited to thoroughfares, bridges, and certain flood control improvements. This condition will be applicable provided said district is under development at the time this project applies for the 1st Building Permit. This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful annexation/formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector(s) will not protest the annexation or formation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings. An alternative to satisfying this condition will be identified at such time as a special financing district has been established. At the time of development, the developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to determine if this condition is applicable. 142. NPDES Funding. Prior to applying for the 1st Building Permit and if the Land Development Division requires this project to provide a funding source for the City ’s National Pollutant Discharge Elimination System (NPDES) program, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the balloting/annexation fee or fund an endowment) to provide an ongoing funding source for the NPDES program. This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful special election process into the NPDES program, or other special F.1.w
Packet Pg. 286
Attachment: Resolution 2023-__ Tentative Parcel Map, Master Plot Plan, and Plot Plan [Revision 2] (6240 : Master Plot Plan, a Plot Plan and a
CONDITIONS OF APPROVAL
Plot Plan (PEN21-0326)