Agenda packet, regular meeting — Moreno Valley City Council, May 2, 2023 (part 3 of 11)

financing district, and payment of all costs associated with the special election process. Participation
in the NPDES program requires an annual payment of the
annual special tax, assessment, rate or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the City Council action to consider the ballot/annexation into or formation of the district, the qualified elector(s) will not protest the ballot/annexation or formation, but will retain the right to object to any eventual tax/assessment/rate/fee that is not equitable should the financial burden of the tax/assessment/rate/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings. (MC 3.50.050).

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

Alternatively, the condition can be satisfied by the Developer funding an endowment in an amount sufficient to yield an annual revenue stream that meets the annual obligation, as calculated by Special Districts Admin staff. The Developer must F.1.w
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CONDITIONS OF APPROVAL
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contact Special Districts Administration at 951.413.3470 or at [email protected] to satisfy this condition.
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.

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. 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.

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0326)

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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. 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. 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.
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.

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Plot Plan (PEN21-0326)

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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. 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)
154. 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. 155. Mylars of the landscape and irrigation plans shall be submitted on hanging tab to Landscape Services.

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

MVSI-112C-0 for Commercial
Driveway Approaches. Access at the driveways shall
be 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. 158. All proposed on-site traffic signing and striping should be accordance with the latest California Manual on Uniform Traffic Control Devices (CAMUTCD). 159. Old 215 Frontage Road is designated as a 4-Lane Divided Arterial F.1.w
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(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.
160. 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. 161. 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. 162. 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. 163. 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.
164. 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.
165. Prior to issuance of a Building Final or Certificate of Occupancy, all approved street improvements shall be installed to the satisfaction of the City Engineer. 166. Prior to issuance of a Building Final or Certificate of Occupancy, all approved signing and striping shall be installed per current City Standards 167. 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.

PARKS & COMMUNITY SERVICES DEPARTMENT
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168. This project is subject to current Development Impact Fees.

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N T E R S T A T E I N D U S T R I A L
M o r e n o V a l l e y , C a l i f o r n i a
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I N T E R S T A T E I N D U S T R I A L M o r e n o V a l l e y , C a l i f o r n i a # 2 1 4 1 9
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S I T E
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Attachment: Project Plans [Revision 1] (6240 : Master Plot Plan, a Plot Plan and a Tentative Parcel Map) A e r i a l V i e w S i t e L o c a t i o n
I N T E R S T A T E I N D U S T R I A L M o r e n o V a l l e y , C a l i f o r n i a # 2 1 4 1 9
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Attachment: Project Plans [Revision 1] (6240 : Master Plot Plan, a Plot Plan and a Tentative Parcel Map) S o u t h w e s t C o r n e r @ O l d 2 1 5 F r o n t a g e R o a d I N T E R S T A T E I N D U S T R I A L M o r e n o V a l l e y , C a l i f o r n i a # 2 1 4 1 9
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Attachment: Project Plans [Revision 1] (6240 : Master Plot Plan, a Plot Plan and a Tentative Parcel Map) N o r t h w e s t C o r n e r @ O l d 2 1 5 F r o n t a g e R o a d I N T E R S T A T E I N D U S T R I A L M o r e n o V a l l e y , C a l i f o r n i a # 2 1 4 1 9
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Attachment: Project Plans [Revision 1] (6240 : Master Plot Plan, a Plot Plan and a Tentative Parcel Map)

BUIDLING

FRONTAGE ROAD

EDGEMONT STREET

EDGEMONT
T
Brisbane Box
Tristania conferta
TREES
24" Box
African Sumac
Rhus lancea55L

BOTANICAL/COMMON NAMESYMBOL

PLANTING LEGEND

WUCOLS SIZE QTYREMARKS
M 29 15 Gal
Cercidium 'Desert Museum'
Blue Palo Verde
Standard
Chilopsis linearis
Desert Willow
L 2 36" BoxMulti
Chitalpa tashkentensis
Chitalpa
L 8 24" BoxStandard
L 6 48" BoxMulti
Standard
Cupressus sempervirens
Italian Cypress
24" BoxStandard 26M

GROUNDCOVER
48" O.C. 1 Gal Rosmarinus o. 'Huntington Carpet'
Silverleaf Cassia
Cassia phyllodenia
Rosemary
Rosmarinus o. 'Tuscan Blue'
Autumn Sage
Salvia greggii
Coast Rosemary
Westringia fruticosa
L

QTY SIZESPACING SYMBOL
SHRUBS

BOTANICAL/COMMON NAMEWUCOLS

SPACINGSIZEREMARKS SYMBOLBOTANICAL/COMMON NAMEWUCOLS
Prostrate Rosemary
Texas Privet
Ligustrum j. Texanum
Star Jasmine
Trachelopspermum jasminiodes
Myoporum
Myoporum parvifolium
24" O.C. 1 GalM
L 1 Gal 36" O.C.
5 GalM 84
5 GalL 73
5 GalL 22
Allen Chickering Sage
Salvia c. 'Allen Chickering'
5 GalL 95
5 GalL 36
5 GalL 312
5 Gal 26L Agave 'Blue Glow
Blue Glow Agave
Deer Grass
Muhlenbergia rigens5 GalM 25
4' OC
3' OC
4' OC
3' OC
4' OC
3' OC
5' OC

2.5' from
hardscape
hardscape

2.5' from
hardscape
hardscape
3' from
hardscape
2' from
2' from
2' from
Texas Ranger
Leucophyllum frutescens
5 GalM 394' OC

2.5' from
hardscape
Rush
Juncus patens1 GalM 5083' OC
2' from
hardscape
Emu Bush
Eremphilia g. 'Mingenew Gold'5 GalM 655' OC
hardscape
3' from
Dasylerion wheeleri
Desert Spoon
5 Gal 83L
NOTES:

1. MULCH SHALL BE INSTALLED AND MAINTAINED AT A MINIMUM DEPTH OF 3" ON ALL PLANTED AREAS EXCEPT WHERE GROUNDCOVER PLANTS ARE FULLY ESTABLISHED.

Moreno Valley, California
21-174

12.10.21 Cottonwood and Edgemont
015' 30' 60'
711 FEE ANA STREET
714.986.2400 FAX 714.986.2408
PLACENTIA, CA 92870
N

12.16.21 01.07.22

03.18.22 09.30.22

12.1.22 F.1.x
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Attachment: Project Plans [Revision 1] (6240 : Master Plot Plan, a Plot Plan and a Tentative Parcel Map) B u i l d i n g F e a t u r e s
I N T E R S T A T E I N D U S T R I A L M o r e n o V a l l e y , C a l i f o r n i a # 2 1 4 1 9
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P o r t a N u o v a R o v e r e
M a i n E n t r y C o r n e r
S e c o n d a r y P a n e l F e a t u r e
T h i r d P a n e l F e a t u r e
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Attachment: Project Plans [Revision 1] (6240 : Master Plot Plan, a Plot Plan and a Tentative Parcel Map) B u i l d i n g 1 C o n c e p t u a l E l e v a t i o n s & Ma t e r i a l B o a r d ( T y p i c a l ) I N T E R S T A T E I N D U S T R I A L M o r e n o V a l l e y , C a l i f o r n i a # 2 1 4 1 9
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1 8 8 3 1 B A R D E E N A V E . - S I T E . # 1 0 0 I R V I N E , C A 9 2 6 1 2 T E L : 9 4 9 . 8 6 3 . 1 7 7 0 F A X : 9 4 9 . 8 6 3 . 0 8 5 1 E M A I L : H P A @H P A R C H S . C O M A r i z o n a T i l e
P o r t a N u o v a R o v e r e
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Attachment: Project Plans [Revision 1] (6240 : Master Plot Plan, a Plot Plan and a Tentative Parcel Map) SEALS:

FAX (909) 783-0108PH. (909) 783-0101
1470 EAST COOLEY DRIVE, COLTON, CA 92324
www.cascinc.com
CASC
Engineering and Consulting
C-1 CONCEPTUAL GRADING PLAN

CITY OF MORENO VALLEY
APN 263-190-012, 014 - 019, 036
CDRE HOLDINGS 21, LLC.

OLD 215 FRONTAGE ROAD

INDUSTRIAL BUILDINGS
’
’
’
’
’

LEGAL DESCRIPTION
INLAND AERIAL SURVEYS, INC.

SOURCE OF SURVEY
PEN 21-0325
CDRE HOLDINGS 21 LLC
CDRE HOLDINGS 21
PREPARED FOR/APPLICANT:

PROPERTY OWNER:

EASEMENTSPROPOSED
49,815 SF

BUILDING

37.2-38.0FF
“
”

GENERAL NOTES
CONSTRUCTION TYPE: III-B

EDGEMONT STREET
OLD 215

PROPOSED
49,815 SF

BUILDING

36.5-37.3FF

EDGEMONT

CHANNEL
CONSTRUCTION TYPE: III-B

FRONTAGE ROAD
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Attachment: Project Plans [Revision 1] (6240 : Master Plot Plan, a Plot Plan and a Tentative Parcel Map)

PROPOSED BIOSWALE, PER CIVIL
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Cottonwood and Edgemont
--~~~--------------------------------=--------------------------------------------------------.--------------21-174

12. l 0.2 l 03. 18.22

12.16.21 Moreno Valley, California

01.07.22 PLANTING LEGEND
TREES

SYMBOL BOTANICAL/COMMON NAME
Cercidium 'Desert Museum '
Blue Palo Verde
Chilopsis linearis
Desert Willow
Chitalpa tashkentensis
Chitalpa
Lagerstroemia i 'Mus kogee '
Crape Myrtle
Rhus lancea
African Sumac
Tristania conferta
Brisbane Box
SHRUBS

SYMBOL BOTANICAL/COMMON NAME
Callistemon 'Little John'
Dwarf Bottle Brush
Ligustrum j. Texanum
Texas Privet
Pennisetum orienta le
Oriental Founta in Grass
Salvia greggii
Autumn Sage

GROUNDCOVER

SYMBOL BOTANICAL/COMMON NAME
Lonicera j. 'Halliana'
Hall's Honeysuckle
Rosa 'Flower Carpet' -Red
Red Flower Carpet Rose
Rosmarinus o. 'Huntington Carpet'
Prostrate Rosemary
Trache lopspe rmum jasminiodes
Star Jasmine
N
1 SIZE
48" Box
36" Box
24" Box
24" Box
24" Box
15 Gal
SIZE
5Ga l
5Gal
5Gal
5Gal
SIZE
1 Gal
1 Gal
1 Gal
1 Gal
0 15' 30'
QTY
6 2
10 16
59 37
QTY
104
410
177
352

SPACING
48"O.C.
30"O.C.
48" O.C.
24" O.C.
60'

WUCOLS REMARKS
L Multi
L Multi
L Standard
M Multi
L Standard
M Standard

WUCOLS REMARKS
M
M
M
M

WUCOLS REMARKS
L
L
L
M

HUNTER LANDSCAPE
711 FEE ANA STREET
714. 986.2400
PLACENTIA, CA 92870
FAX 714. 986.2408
F.1.x
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ID#6149 Page 1

PLANNING COMMISSION

STAFF REPORT
Meeting Date: March 9, 2023

TENTATIVE PARCEL MAP 38325 PEN21 -0327, PLOT PLAN PEN21 -0325, PLOT PLAN PEN21 -0326 FOR THE DEVELOPMENT OF TWO LIGHT INDUSTRIAL

BUILDINGS

Case: Tentative Parcel Map 38325 (PEN21-0327)
Master Plot Plan (PEN21-0325)
Plot Plan (PEN21-0326)
Applicant: Compass Danbe Real Estate Partners
Property Owner: CDRE Holdings 21, LLC
Representative: Vicky Valenzuela
Project Site: East side of Old 215 Frontage Road south of Cottonwood Avenue (APN’s 263-190-012, 014 through 019 and 036)
Case Planner: Julia Descoteaux, Senior Planner
Council District: 1
Proposed Project: A Tentative Parcel Map 38325 (PEN21 -0327) for the subdivision of approximately 7.94 acres of land into two (2) lots, and two Plot Plans (PEN21-0325) and (PEN21-0326) for the development of two (2) approximately 49,815 square foot light industrial buildings with associated improvements in the Business Park (BP) District.

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

SUMMARY
CDRE Holdings 21, LLC submitted applications for approval of a Tentative Parcel Map No. 38325 (PEN21 -0327) to subdivide approximately 7.94 acres of land into two F.1.y
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parcels, and Plot Plans (PEN21 -0325) and (PEN21 -0326) for the development of two (2) light industrial buildings each approximately 49,815 square feet in size located on the east side of Old 215 Frontage Road south of Cottonwood Avenue in the Business Park (BP) District (the “Project Site”).

PROJECT DESCRIPTION
The Applicant has submit ted a Tentative Parcel Map and two Plot Plans for the proposed development described below.

Tentative Parcel Map
The Applicant is proposing a Tentative Parcel Map 38325 to create two separate parcels for Building 1 and Building 2. Staff has reviewed the pr oposed Tentative Parcel Map and confirmed that the proposed lots comply with the City’s development standards and Subdivision Map Act. The proposed Tentative Parcel Map also would vacate the public right-of-way for Old 215 Frontage Road, which is no longer needed by the City of Moreno Valley. The vacated public right -of-way segment would be approximately 17 feet wide and runs the entire length of the Project Site’s frontage with Old 215 Frontage Road.

Plot Plans
The Applicant is proposing the construction o f two light industrial buildings, each approximately 49,815 s quare feet in size, with associated parking, landscape improvements, and off-site public improvements.

The current proposal anticipates that both buildings will be constructed in conjunction.

However, should one building be delayed, all on -site and off-site improvements shall be constructed with the first building before issuing a certificate of occupancy. Conditions have been included to address the improvements and the maintenance of any unimproved parcel should this situation arise.

Site/Surrounding Area
The Project Site is located on the east side of Old 215 Frontage Road, approximately 500 feet south of Cottonwood Avenue and approximately 620 feet north of Bay Avenue in the Business Park Zoning District.

The surrounding area includes a mix of automotive, retail, and residential land uses and vacant and unimproved land within the Business Park (BP) District to the north, south, and east. Properties to the west are in the City of Riverside and a re developed with similar light industrial buildings.

Access/Parking
The Proposed Project will take access from Old 215 Frontage with three driveways servicing the site. On-site parking for both automobiles and trucks meet the Municipal Code requirements.

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Design/Landscaping
The proposed light industrial -type building incorporates a contemporary architectural design. Multiple grey, taupe, and white colors provide various dimensions to the building frontage with the use of aluminum, reflective glass, and tile used for accents. Articulated building elements, including parapets with a varied roofline, wall recesses, awnings, and mullions are proposed as decorative elements.

Landscaping is provided along the Proposed Project frontage and perimeter in addition to the required front set back and right -of-way landscaping, including plant, ground covers, street trees, and on-site trees.

REVIEW PROCESS
All appropriate outside agencies have considered the Proposed Project part of the standard review process. The Propose d Project was reviewed by the Project Review Staff Committee as required by the Municipal Code. Following subsequent revisions and reviews by staff, the Proposed Project was determined to be complete.

ENVIRONMENTAL
An Initial Study was prepared by T&B Planning, Inc., in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. The Initial Study examined the Proposed Project's potential impacts on the environment. The Initial Study/Mitigation Negative Declaration (IS/MND) prov ides information in support of the finding that a Mitigated Negative Declaration serves as the appropriate CEQA documentation for the Proposed Project in that the Proposed Project, with the implementation of the proposed mitigation measures, will not have a significant effect on the environment. Technical studies prepared in support of the IS/MND include the following: Air Quality Impact Analysis, Health Risk Assessment, MSHCP General Biological Resources Assessment, Phase I Cultural Resources Survey, Energ y Analysis, Preliminary Geotechnical and Infiltration Feasibility Investigation, Phase I Environmental Site Assessment Report, Paleontological Assessment, Preliminary Water Quality Management Plan, Preliminary Drainage Analysis, Noise Impact Analysis, Trip Generation Assessment, and Vehicle Miles Traveled (VMT) Assessment. The electronic files for the IS/MND with appendices are attached to this staff report. Anyone wishing to view the documents can also do so at City Hall.

Mitigation Measures are recommende d for the Proposed Project in the following areas:

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

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

The public comment period for the Notice of Availability of the Initial Study/Mitigated Negative Declaration began on February 9, 2023, and ended on March 1, 2023, which F.1.y
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satisfies the required 20-day review period. Comments received regarding the Proposed Project prior to the Planning Commission are included. If they are received after the agenda is posted, they will be provided at the public hearing.

NOTIFICATION
Public notice was sent to all property owners of reco rd within 600 feet of the Project Site. Notice was provided pursuant to Government Code 65905. The public hearing notice for this project was also posted on the Project Site and published in the local Press Enterprise newspaper.

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

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

A. That the Planning Commission ADOPT Resolution No. 2023-04, attached hereto, AND:

1. APPROVING the Initial Study/Mitigated Negative Declaration prepared for on file with the Community Development Department, incorporated herein by this reference, which w as completed in compliance with CEQA and the CEQA Guidelines, and reflects that the Planning Commission reviewed and considered the information contained in the Initial Study/Mitigated Negative Declaration, and exercised its independent judgment and analys is of the Proposed Project’s potential environmental impacts; and

2. ADOPTING the Mitigation Monitoring and Reporting Program prepared for the Project, which consists of Tentative Parcel Map 38325 (PEN21 -0327), Plot Plan (PEN21-0325), and Plot Plan (PEN21-0326), and pursuant to CEQA and the CEQA Guidelines.

B. That the Planning Commission ADOPT Resolution No. 2023-05 attached hereto, AND

1. APPROVING Tentative Parcel Map 38325 (PEN21 -0327), Plot Plan (PEN21- 0325), and Plot Plan (PEN21-0326) based on the Recital, Evidence contained in the Administrative Records and Findings as set forth in Resolution No. 2023-05.

Prepared by: Approved by:

Julia Descoteaux Sean P Kelleher
Associate Planner Planning Division Manager

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

1. Resolution No. 2023-04 Initial Study and Mitigated Negative Declaration

2. Exhibit A to Resolution No. 2023-04

3. Technical Appendix A1 - AQ Report

4. Technical Appendix A2 - Health Risk Assessment

5. Technical Appendix B - Bio Report

6. Technical Appendix C - Cultural Report

7. Technical Appendix D - Energy Report

8. Technical Appendix E - Geotechnical Report

9. Technical Appendix F - Paleo Report

10. Technical Appendix G - GHG Report

11. Technical Appendix H - Phase I ESA

12. Technical Appendix I1 - WQMP

13. Technical Appendix I2 - Drainage Report

14. Technical Appendix J1 - Noise Report

15. Technical Appendix J2 - Supplemental Noise Report

16. Technical Appendix K1 - Trip Generation

17. Technical Appendix K2 - VMT Evaluation

18. Technical Appendix K3 - Traffic Analysis

19. Traffic Analysis Appendices

20. Exhibit B to Resolution No. 2023-04

21. Exhibit C to Resolution No. 2023-04

22. Resolution No. 2023-05

23. Project Plans

24. Zoning

25. Notice of Availability Public Comments
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Attachment: Planning Commission Staff Report and Resolutions [Revision 1] (6240 : Master Plot Plan, a Plot Plan and a Tentative Parcel Map) 1 Public Resources Code §§ 21000-21177
1 14 California Code of Regulations §§15000-15387
RESOLUTION NUMBER 2023-04

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MORENO VALLEY, CALIFORNIA, ADOPTING A MITIGATED

NEGATIVE DECLARATION AND MITIGATION MONITORING AND
REPORTING PROGRAM FOR 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 the lead agency for the preparation and consideration of environmental documents for local projects that are subject to requirements of the California Environmental Quality Act (CEQA) and CEQA Guidelines; and
WHEREAS, Compass Danbe Real Estate Partners (CDRE Holdings 21, LLC.), (“Applicant”) has submitted an application for a Tentative Parcel Map 38325 (PEN21-0327), Master Plot Plan (PEN21- 0325), and Plot Plan (PEN21- 0326) to subdivide the approximately 7.94- acre site into two approximately 3.95 acre lots and develop two light industrial buildings and public improvements (“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, Planning Division Staff completed an Initial Study ( environmental assessment) for the proposed Project and based on the environmental assessment, recommend adoption of a Mitigated Negative Declaration (“M ND”) and Mitigation Monitoring and Reporting Program (“MMRP”) in accordance with Section 6 (N egative Declaration Procedures) of the City’s Rules and Procedures for the Implementation of the California Environmental Quality Act (CEQA) and the requirements of CEQA the CEQA Guidelines Sections 15070 – 15075; and
WHEREAS, a Notice of Intent to Adopt an MND was duly noticed and circulated for public review for a period of 20 days commencing on February 9, 2023, through March 1, 2023; and
WHEREAS, in compliance with CEQA and the CEQA Guidelines, a MMRP, which is a program for reporting and monitoring the Proposed Projects’ mitigation measures, was prepared for the Proposed Project and circulated with the MND; and WHEREAS, on March 9, 2023 , a hearing was conducted by the Planning Commission to consider the approval of the Proposed Project’s MND and the MMRP and approval of the Proposed Project, at which time the Planning Commission considered the Initial Study, MND, and the MMRP, together with any comments received during the public review process and the responses prepared; and
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Attachment: Planning Commission Staff Report and Resolutions [Revision 1] (6240 : Master Plot Plan, a Plot Plan and a Tentative Parcel Map) WHEREAS, at the conclusion of the public hearing, in the exercise of its own independent judgment, the Planning Commission determined that the MND and the MMRP prepared for the Proposed Project has reduced the potential impacts of the Proposed Project to levels of insignificance and that there is no substantial evidence supporting a fair argument that the Proposed Project will have a significant effect on the environment in a manner that would otherwise require the preparation and certification of an environmental impact report.

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

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

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

Section 3. Findings
That based on the content of the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the Planning Commission makes the following findings:
(a) That all environmental impact of the Proposed Project, with mitigation measures set forth in the MMRP , have been reduced to levels of insignificance and there is no substantial evidence supporting a fair argument that the Project will have a significant effect on the environment that would otherwise require the preparation and certification of an Environmental Impact Report;
(b) That the MND and MMRP have been completed in compliance with CEQA and the CEQA Guidelines and are consistent with the City’s Rules and Procedures for the Implementation of the California Environmental Quality Act;
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Attachment: Planning Commission Staff Report and Resolutions [Revision 1] (6240 : Master Plot Plan, a Plot Plan and a Tentative Parcel Map) (c) That the MND and MMRP represent the independent judgment and analysis of the Planning Commission and the City as the lead agency for the Proposed Project; and
(d) That the MND and MMRP are adequate to serve as the required CEQA environmental documentation for the Proposed Project.

Section 4. Adoption
That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings, as set forth herein, the Planning Commission hereby adopts the Initial Study/MND attached hereto as Exhibit A and the MMRP attached hereto as Exhibit C.

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

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

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

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

PASSED AND ADOPTED THIS 9th day of March 2023

CITY OF MORENO VALLEY

PLANNING COMMISSION
__________________________________
Alvin DeJohnette, Chairperson
ATTEST:
_________________________
Sean P. Kelleher,
Planning Official
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Attachment: Planning Commission Staff Report and Resolutions [Revision 1] (6240 : Master Plot Plan, a Plot Plan and a Tentative Parcel Map) APPROVED AS TO FORM:
_________________________
Steven B. Quintanilla,
Interim City
Attorney
Exhibits:

Exhibit A: Mitigated Negative Declaration/Initial Study E
xhibit B: Notice of Intent to Adopt a Mitigated Negative Declaration / Newspaper Notice Exhibit C: Mitigation Monitoring and Reporting Program
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Attachment: Planning Commission Staff Report and Resolutions [Revision 1] (6240 : Master Plot Plan, a Plot Plan and a Tentative Parcel Map) 1 RESOLUTION NUMBER 2023-05

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MORENO VALLEY, CALIFORNIA, APPROVING TENTATIVE PARCEL
MAP 38395 (PEN22-0051) AND TWO PLOT PLAN S (PEN21-0325 and 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”) has submitted an application for a Tentative Parcel Map 38325 (PEN21-0327), Master Plot Plan (PEN21 -0325), and Plot Plan (PEN21 -0326) to subdivide the approximately 7.94- acre site into two approximately 3.95 acre lots and develop two light industrial buildings and public improvements (“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 Proposed Project has 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 (PEN21-0327) is required, which conditions may be imposed by the Planning Commission to address on- site improvements, off -site improvements, the manner in which the Project Site is used, and any other conditions as may be deemed necessary to protect the public health, safety, and welfare and ensure that the Proposed Project will be developed in accordance with the purpose and intent of Title 9 (Planning and Zoning) of the Municipal Code; and
WHEREAS, Section 9.02.070 of the Municipal Code imposes conditions of approval upon projects for which a Plot Plan is required, which conditions may be imposed by the Planning Commission to address on-site improvements, off-site improvements, the manner in which the site is used, and any other conditions as may be deemed necessary to protect the public health, safety, and welfare and ensure that the Proposed Project will be developed in accordance with the purpose and intent of Title 9 (“Planning and Zoning”) of the Municipal Code; and
WHEREAS, consistent with the requirements of Chapter 9.14 (Land Divisions) of the Municipal Code, at the public hearing the Planning Commission 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 F.1.y
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Attachment: Planning Commission Staff Report and Resolutions [Revision 1] (6240 : Master Plot Plan, a Plot Plan and a Tentative Parcel Map) 2 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, consistent with the requirements of Section 9.02.070 (Plot Plan) of the Municipal Code, at the public hearing the Planning Commission considered Conditions of Approval to be imposed upon Plot Plan ( PEN21-0325) 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 H earing 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 WHEREAS, at the public 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 PLANNING COMMISSION OF THE CITY OF
MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

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

Section 2. N otice
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, i n the staff report and conditions of approval (collectively,

1 Public Resources Code §§ 21000-21177
2 14 California Code of Regulations §§15000-15387
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Attachment: Planning Commission Staff Report and Resolutions [Revision 1] (6240 : Master Plot Plan, a Plot Plan and a Tentative Parcel Map) 3 “Conditions”); and these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the ninety-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun.

Section 3
. Evidence
That the Planning Commission has considered all of the evidence submitted into the administrative record for the P roposed Project, including, but not limited to, the following:
(a) Moreno Valley General Plan and all other relevant provisions contained therein;
(b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code, and all other relevant provisions referenced therein;
(c) Application for the approval of Tentative Parcel Map 38325 (PEN21-0327), Master Plot Plan ( PEN21-0325) and Plot Plan ( PEN21-0326), including Resolution No. 2023 -05, and all documents, records , and references contained therein;
(d) Conditions of Approval for Tentative Parcel Map 38325 ( PEN21-0327), Master Plot Plan ( PEN21-0325) and Plot Plan ( PEN21-0326), attached hereto as Exhibit A;
(e) Staff Report prepared for the Planning Commission’s consideration and all documents, records , and references related thereto, and Staff’s presentation at the public hearing;
(f) Testimony and/or comments from Applicant and its representatives during the public hearing; and
(g) Testimony and/or comments from all persons that w ere provided in written format or correspondence, at, or prior to, the public hearing.

Section 4. Fi
ndings
That based on the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the Planning Commission makes the following findings in approving the Proposed Project Tentative Parcel Map 38325 ( PEN21-0327), Master Plot Plan (PEN21-0325) and Plot Plan (PEN21-0326):
(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: Planning Commission Staff Report and Resolutions [Revision 1] (6240 : Master Plot Plan, a Plot Plan and a Tentative Parcel Map) 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 P roposed Project will be compatible with existing and planned land uses in the vicinity.

Section 5.

Approval
That based on the foregoing Recitals, Evidence contained in the A dministrative Record, and Findings set forth above, the Planning Commission hereby approves the Proposed Tentative Parcel Map 38325 ( PEN21-0327), Master Plot Plan (PEN21-0325) and Plot Plan ( PEN21-0326) subject to the Conditions of Approval for Tentative Parcel Map 38325 (PEN21-0327), Master Plot Plan (PEN21-0325) and Plot Plan (PEN21-0326), 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 Planning Commission that are in conflict with the provisions of this Resolution are hereby repealed.

Sect ion 7. Severability
That the Planning Commission declares that, should any provision, section, paragraph, sentence, or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive F.1.y
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Attachment: Planning Commission Staff Report and Resolutions [Revision 1] (6240 : Master Plot Plan, a Plot Plan and a Tentative Parcel Map) 5 legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

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

Sect ion 9. Certification
That the Secretary of the Planning Commission shall certify to the passage of this Resolution.

PASSED AND ADOPTED THIS 9th day of March 2023.

CITY OF MORENO VALLEY

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

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

Exhibits:

Exhibit A: Conditions of Approval PEN21-0327
Exhibit B: Conditions of Approval PEN21-0325
Exhibit C: Conditions of Approval PEN21-0326
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Attachment: Planning Commission Staff Report and Resolutions [Revision 1] (6240 : Master Plot Plan, a Plot Plan and a Tentative Parcel Map)

Exhibit A

Conditions of Approval PEN21-0327
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Attachment: Planning Commission Staff Report and Resolutions [Revision 1] (6240 : Master Plot Plan, a Plot Plan and a Tentative Parcel Map)

CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN21-0327)

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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.y
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CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN21-0327)

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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.y
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CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN21-0327)

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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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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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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.y
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(“BERC”).

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

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.y
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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.y
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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 beginning construction. They shall be maintained accessible.

75. Prior to building permit issuance, 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.

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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.y
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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.y
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(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.y
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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.

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.y
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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.

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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.y
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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.

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.

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.y
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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.

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.y
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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.y
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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 coordinate with the City
of Riverside Public Works Department and purchase the 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.y
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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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Exhibit B

Conditions of Approval PEN21-0325
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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.y
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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.y
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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.

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.y
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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.y
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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.y
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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”).

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

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.

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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 .

79. Prior to building permit issuance, 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.

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.y
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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.

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.y
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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).

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.y
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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.y
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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.

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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.y
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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.

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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.

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.y
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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.

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.y
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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.

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.y
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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 coordinate with the City of
Riverside Public Works Department and purchase the 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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Exhibit C

Conditions 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.y
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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.y
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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.

20. Prior to issuance of grading permits, the developer shall pay the applicable F.1.y
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Stephens’ Kangaroo Rat (SKR) Habitat Conservation Plan mitigation fee. (Ord)

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.y
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approval of the Planning Official. (MC 9.08.070)

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.

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

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

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.

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.y
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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 .

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.y
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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.

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.y
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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).

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

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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.

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.y
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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.

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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.y
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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;
c. Demonstrate that Developer is prepared to implement all non-structural BMPs F.1.y
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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.y
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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.

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[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.y
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Moreno Valley City CouncilMay 2, 2023

Moreno Valley City Council
May 2, 2023