SUMMARY
This report recommends adoption of the resolutions (Attachments 1 and 2), which approve the calculation and set the maximum and applied special tax rates against real property included within certain Community Facilities Districts (CFD) administered by the CSD and authorizes the levy of the applied special tax on the fiscal year (FY) 2023/24 property tax roll. Adoption of the resolutions also acknowledges the filing of an annual report for each CFD. This is a routine process that occurs each year.
The proposed special tax is a continuation of the special tax currently, or authorized to be, levied on the property tax roll. There is no increase proposed to the maximum rate other than an annual adjustment, as previously approved by the qualified electors (i.e., landowners or registered voters, depending upon the number of registered voters).
Revenue received from the special tax funds the maintenance and operation expenses for the CFD facilities.
The Finance Subcommittee reviewed the annual inflationary adjustments proposed to be applied to the maximum rates at its April 25, 2023 meeting.
DISCUSSION
The Mello-Roos Community Facilities Act of 1982 (the “Act”) allows the formation of CFDs to fund the operation and maintenance of public improvements. The qualified electors within the boundaries of the CFDs approved the Rate and Method of Apportionment (RMA) and authorized the levy of a special tax on their properties to fund the services of the district or as security for repayment of bonds. The RMA establishes the special tax formula (e.g. rate of annual adjustment, if any, etc.) and how the special tax is apportioned to properties included in each CFD.
The special tax cannot be levied on the property tax roll nor can adjustments be made to the maximum and applied rates, as authorized by the qualified electors, unless the CSD Board authorizes such actions. Adoption of the resolutions sets the maximum and applied special tax rates, approves the calculation of the rates, and approves an Annual Special Tax Report (“Report”) for each CFD. The resolutions also authorize the County to levy the special tax on the FY 2023/24 property tax roll.
The Report for each CFD includes a description of the formation proceedings, a description of the park facilities, boundary maps and list of parcels in the CFD, estimated operational and administrative costs to provide the services, and the proposed maximum and applied special taxes per parcel to be levied on the property tax roll for FY 2023/24. Boundary maps for each CFD are included as Attachment 3.
The Reports are on file with the Chief Financial Officer/City Treasurer and accessible from the City’s website (www.moval.org/sd).
The maximum special tax rate is the maximum amount that can be used to calculate the special tax levied on the property tax roll. The qualified electors have previously B.5
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authorized an annual inflationary adjustment to the maximum rate. Therefore, the Reports recommend adjusting the maximum rate by the adjustment.
The applied special tax rate is the amount that is used to calculate the special tax actually levied on the property tax roll. The applied special tax is the amount necessary to fund the services of each CFD, including administration and reserves for the upcoming fiscal year. The special tax is calculated as described in the RMA for each CFD. The applied special tax rate cannot exceed the maximum special tax rate.
Conflict of Interest Analysis
Section 18702.2 of the Fair Political Practices Commission (FPPC) Regulations provides that if a Council Member has a financial interest in a parcel of land (other than a leasehold interest), the Council Member must recuse him or herself from voting on any proposal that would impose, repeal, or modify any taxes, fees, or assessments that apply to the parcel owned by the Council Member. However, there is an exception under Section 18703 of the FPPC Regulations, which provides that if a governmental decision's financial effect on a Council Member’s financial interest is indistinguishable from its effect on the public generally, then the Council Member’s is not disqualify from participating in the subject decision. In other words, if the Council Member can establish that a significant segment of the public is affected by the decision, and the effect on the Council Member’s financial interest is not unique compared to the effect on the public generally, then the subject Council Member may participate in the subject decision.
Section 18703 also includes a provision titled “Specific Rules for Special Circumstances,” which provides in part that there is no potential conflict of interest if the decision involves a proposal to set or adjust the amount of an assessment or tax for broadly provided public services that is applied equally, proportionally, or by the same percentage to the official's interest and all businesses, properties, or individuals subject to the assessment or tax. This exception, however, does not apply if the decision would initially impose the assessment or tax, or determine the boundaries of a property or who is subject to the assessment or tax. Under this exception, a Council Member is only permitted to take part in setting or adjusting the amount of the assessment or tax, once the decisions to implement the assessment or tax, or determine which property or persons that will be subject to the assessment or tax have already been made.
Since the instant situation pertains to recommendations regarding whether to adjust the amounts of various assessments and taxes in a manner that will be the same across the board, which are associated with assessment and special tax districts that have already been established, any Council Member who owns property within any of the subject districts who are subject to payment of the assessments and/or special taxes may vote on the assessments and/or special taxes, whether it is recommended that the amounts remain the same or be increased.
With respect to those Council Members who rent or lease real property within any of the subject districts, there is a different rule which applies that suggests that there may be a potential conflict of interest that requires such Council Members to recuse themselves B.5
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from voting on the proposed assessments and/or special taxes, whether it is recommended that the amounts remain the same or be increased.
Section 18702.2 of the FPPC Regulations, titled “Materiality Standard: Financial Interest in Real Property” provides that it is reasonably foreseeable that a governmental decision on any real property in which a Council Member has a leasehold interest is material if the governmental decision will increase or decrease the potential rental value of the property. In cases involving any proposed increase in an assessment or special tax that must be paid by the landlord as the property owner, it is foreseeable that the landlord may pass-through any such increase to anyone leasing the property that is subject to the assessment or special tax.
In light of the foregoing, it is recommended that each Council Member who rents property within a particular district that is subject to the taxes and assessments listed in this staff report should recuse themselves from participating in any decision to increase any tax or assessment that may be passed through by the landlord and consequently affect the potential rental value of the property rented by the Council Member. On the other hand, for those who own property within the subject districts may vote on the proposed taxes and assessments since they will be applied equally across the board that presumably will not create a unique effect on the Council Member’s interest.
This action meets the Strategic Plan Priorities by providing the financial resources to manage and maximize Moreno Valley’s public infrastructure to ensure an excellent quality of life.
ALTERNATIVES
1. Adopt the resolutions and recommended actions as presented. Staff recommends this alternative as it will allow for the collection of revenue necessary to fund the services of each CFD. It is also consistent with the Act.
2. Do not approve the recommended actions. Staff does not recommend this alternative as it may prevent the City from levying the special tax on the 2023/24 property tax roll and leave the CFDs without sufficient revenue to fund services each CFD was created to provide. Selection of this alternative may require a contribution from the General Fund.
Furthermore, failure to file the Report is a violation of the Act.
3. Continue the item to a future regular CSD Board meeting. Staff does not recommend this alternative as it may prevent the City from meeting the County of Riverside’s deadline to include the special taxes on the FY 2023/24 property tax roll.
FISCAL IMPACT
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Property owners pay the special tax as part of their annual property tax bill. The special tax, including annual adjustments, has been approved by the affected qualified electors through prior proceedings. Funds received for the benefit of each CFD are restricted and can only be used to fund the services of each district. The table below provides a summary of the proposed special tax rates for FY 2023/24.
Single Family 217 $ 308.39 $ 308.38 $ 335.22 $ 335.20 $ 26.82 $ 72,738.40 Multi-Family 61 $ 308.39 $ 308.38 $ 335.22 $ 335.20 $ 26.82 $ 20,447.20 Mobile Home 0 $ 308.39 $ 308.38 $ 335.22 $ 335.20 $ 26.82 $ - $ 19.77 $ 19.77 $ 21.49 $ 21.49 $ 1.72 $ 1,243.00
$ 32.91 $ 32.91 $ 35.78 $ 35.78 $ 2.87 $ -
$ 9.59 $ 9.59 $ 10.43 $ 10.43 $ 0.84 $ 2,812.08
$ - $ - $ - $ - $ -
Commercial
Office
Industrial
Residential Property Per Dwelling Unit Per Dwelling Unit Special Tax
Maximum Applied Maximum Revenue 2 Applied District # of Dwelling Units
FY 2022/23 FY 2023/24 Adjustment to
Maximum
Change in
Applied
1Maintenance services outlined in the Rate and Method of Apportionment for each CFD. 2Maximum rates are based on a predetermined formula as outlined in the Rate and Method of Apportionment for each CFD. 3Annual adjustment to maximum rate as approved by qualified electors (landowners or registered voters). Based on the greater of the percentage change calculated for the prior year in the Los Angeles-Long Beach-Anaheim Regional Consumer Price Index (CPI), as published by the Department of Labor’s Bureau of Labor Statistics or 2.0%. 4Annual adjustment to maximum rate as approved by qualified electors (landowners or registered voters). Based on the greater of the percentage change calculated for the prior year in the Riverside-San Bernardino-Ontario County Regional Consumer Price Index (CPI), as published by the Department of Labor’s Bureau of Labor Statistics (8.70%) or 5.0%.
4.93%3 $ 16.38 $ 1,874,624.08
Per Dwelling Unit Per Dwelling Unit
CFD No. 11
(Park Maintenance)
10,408 $ 197.39 $ 163.74 $ 207.12 $ 180.12
CFD No. 2021-011
(Parks Maintenance)
All
1,000 Ft. of Building Sq. Footage
Parcel
8.7%4 Non Residential Property 1,000 Ft. of Building Sq. Footage Undeveloped Property Parcel
Proposed Annual Special Tax Rates
NOTIFICATION
Posting of the agenda.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Kimberly Ganimian Brian Mohan
Special Districts Division Manager Acting Assistant City Manager Concurred By:
Jeremy Bubnik
Parks and Community Services Director
CITY COUNCIL GOALS
Public Facilities and Capital Projects. Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.
Positive Environment. Create a positive environment for the development of Moreno Valley's future.
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Community Image, Neighborhood Pride and Cleanliness. Promote a sense of community pride and foster an excellent image about our City by developing and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
See the Discussion section above for details of how this action supports the City Council’s Strategic Priorities.
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Resolution for CFD No. 1
2. Resolution for CFD 2021-01
3. Boundary Maps
APPROVALS
Budget Officer Approval ✓ Approved . 5/05/23 10:30 AM
City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 5/05/23 11:26 AM
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1 Resolution No. CSD 2023-___
Date Adopted: May 16, 2023
RESOLUTION NO. CSD 2023-__
A RESOLUTION OF THE BOARD FOR THE MORENO
VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY
OF MORENO VALLEY, CALIFORNIA, APPROVING THE
CONTINUATION OF THE COMMUNITY FACILITIES
DISTRICT NO. 1 MAXIMUM AND APPLIED SPECIAL TAX
RATES FOR FISCAL YEAR 2023/24, AND CALCULATION
THEREOF
WHEREAS, the City Council for the City of Moreno Valley, California, acting in its capacity as the Board of Directors of the Moreno Valley Community Services District (“CSD Board”), did form Community Facilities District No. 1 (“CFD No. 1” or “District”) pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California; and
WHEREAS, following approval by the qualified electors of the District, the CSD Board, acting as the legislative body, did introduce and adopt Ordinance No. CSD-40 (Urgency Ordinance) and CSD-41 (an Ordinance to authorize the levy of a special tax within CFD No. 1); and
WHEREAS, Ordinance No. CSD-41 authorizes the CSD Board, by resolution, to annually determine the special tax to be levied in the District; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the rates and method of apportionment of special tax (RMA); and WHEREAS, the CSD Board adopted Resolution No. CSD 2003-26 authorizing annexation of Territory in the future to CFD No. 1; and WHEREAS, annexations to CFD No. 1 have been conducted by the Community Services District following formation of the District; and WHEREAS, the County of Riverside requires the adoption of a resolution for submission with the annual special taxes for placement on the Riverside County property tax bills; and
WHEREAS, the maximum annual special tax for developed and undeveloped property has been established by the RMA at $115.00 per parcel/dwelling unit for fiscal year (FY) 2003/04. Per the RMA, beginning in FY 2004/05 and for each subsequent fiscal year, the maximum annual special tax shall be increased by the percentage increase in the Consumer Price Index (All Items), or by two percent (2%), whichever is greater; and WHEREAS, the qualified electors authorized an annual adjustment to the maximum special tax rate through prior proceedings; and WHEREAS, the CSD Board has determined that continuing the calculation of the B.5.a
Packet Pg. 1252 Attachment: Resolution for CFD No. 1 (6057 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 2 Resolution No. CSD 2023-__
Date Adopted: May 16, 2023
applied special tax and application of the special tax, as previously approved by the qualified electors, for each assessable parcel of real property within the District will provide the necessary and equitable revenue stream to fund the services of the District for FY 2023/24; and
WHEREAS, the calculation of the special tax is in compliance with laws pertaining to the levy of the special taxes; and
WHEREAS, the special tax is levied without regard to property valuation; and WHEREAS, the City has prepared and submitted the Annual Special Tax Report (“Report”) for FY 2023/24, which identifies the maximum and applied special taxes, in an amount not to exceed the maximum special tax, and the calculation thereof; and WHEREAS, the Report is on file in the office of the City Treasurer/Chief Financial Officer (“CFO”) and is incorporated herein by this reference; and WHEREAS, the annual special taxes shall be submitted to the Riverside County Auditor-Controller’s Office, to be levied on the property tax bills of parcels subject to the special tax.
NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY
SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. Incorporation of Recitals. The foregoing recitals are true and correct and incorporated herein by this reference.
2. Approval of Report. The above referenced Report, on file in the office of the City’s CFO, is approved as filed, as the Report may have been modified by order of the CSD Board.
3. Maximum Special Tax Rate. The FY 2023/24 maximum special tax rate per parcel/dwelling unit is set at $207.12.
4. Applied Special Tax Rate. The FY 2023/24 applied special tax rate per parcel/dwelling unit is set at $180.12.
5. Confirming the Rates. The maximum and applied special tax rates are hereby confirmed for each parcel of real property within the District, as set forth in the Report.
6. Collection of Special Taxes. The special taxes set forth in the Report, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedures, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County B.5.a
Packet Pg. 1253 Attachment: Resolution for CFD No. 1 (6057 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 3 Resolution No. CSD 2023-__
Date Adopted: May 16, 2023
tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations.
7. Modifications. The City’s CFO is authorized to adjust the special taxes levied on the property tax roll in the event there are parcel changes, clerical errors, new parcels annexed into the District, or other adjustments as may be necessary between the date the special taxes were calculated and the date the fixed charges are submitted to the County of Riverside, provided the applied special tax rate does not exceed the maximum special tax rate and is in compliance with the RMA.
8. Provision of Services. Nothing in this description of services or any Resolution or Ordinance of the CSD Board shall be construed as committing the CSD or the District to provide all of the proposed services. The provision of services shall be subject to the availability of sufficient funding through the collection of special tax revenue for the District.
9. Severability. If any provision of this Resolution or the application of any such provision is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable and that the CSD Board declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
10.Certified Copy. The Secretary of the CSD is hereby ordered to forward a certified copy of this Resolution to the County of Riverside and to take such actions as are required for the collection of the tax.
11.Certification. The Secretary of the CSD shall certify to the adoption of this Resolution.
12.Effective Date. This Resolution shall become effective immediately upon its adoption.
B.5.a
Packet Pg. 1254 Attachment: Resolution for CFD No. 1 (6057 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 4 Resolution No. CSD 2023-__
Date Adopted: May 16, 2023
APPROVED AND ADOPTED this 16th day of May 2023.
___________________________________
By:
Acting in the capacity of President of the
Moreno Valley Community Services District
ATTEST:
____________________________
Deputy City Clerk, acting in the capacity of
Secretary of the Moreno Valley
Community Services District
APPROVED AS TO FORM:
____________________________
City Attorney, acting in the capacity
of General Counsel of the Moreno
Valley Community Services District
B.5.a
Packet Pg. 1255 Attachment: Resolution for CFD No. 1 (6057 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 5 Resolution No. CSD 2023-__
Date Adopted: May 16, 2023
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-___ was duly and regularly adopted by the Board of Directors of the Moreno Valley Community Services District at a regular meeting held on the 16
th day of May 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________
SECRETARY
(SEAL)
B.5.a
Packet Pg. 1256 Attachment: Resolution for CFD No. 1 (6057 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 1 Resolution No. CSD 2023-__
Date Adopted: May 16, 2023
RESOLUTION NO. CSD 2023-__
A RESOLUTION OF THE BOARD FOR THE MORENO
VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY
OF MORENO VALLEY, CALIFORNIA, APPROVING THE
CONTINUATION OF THE COMMUNITY FACILITIES
DISTRICT NO. 2021-01 MAXIMUM AND APPLIED
SPECIAL TAX RATES FOR FISCAL YEAR 2023/24, AND
CALCULATION THEREOF
WHEREAS, the City Council for the City of Moreno Valley, California, acting in its capacity as the Board of Directors of the Moreno Valley Community Services District (“CSD Board”), did form City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) (“CFD No. 2021-01” or “District”) pursuant to the terms and provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California; and
WHEREAS, following approval by the qualified electors of the District, the CSD Board acting as the legislative body, did introduce and adopt Ordinance No. CSD-55 (an Ordinance to authorize the levy of a special tax within CFD No. 2021-01) approving the rate and method of apportionment of special tax (“RMA”) to authorize a levy of special taxes within CFD No. 2021-01; and
WHEREAS, the Ordinance No. CSD-55 authorizes the CSD Board, by resolution, to annually determine the special tax to be levied in the District; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the RMA; and
WHEREAS, on December 21, 2021, the legislative body did adopt Ordinance No.
CSD-56, providing for future annexation to the District; and WHEREAS, the Riverside County Auditor-Controller’s Office requires the adoption of a resolution for submission with the annual special taxes for placement on the Riverside County property tax bills; and
WHEREAS, for fiscal year (FY) 2021/22, the maximum special tax rates for taxable property were as follows:
Property Type
Maximum Special
Tax Rate
Per
Single Family Property $291.59 Unit
Multi-Family Property 291.59 Unit
Mobile Home Property 291.59 Unit
B.5.b
Packet Pg. 1257 Attachment: Resolution for CFD 2021-01 (6057 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 2 Resolution No. CSD 2023-__
Date Adopted: May 16, 2023
Property Type
Maximum Special
Tax Rate
Per
Commercial Property 18.69 1,000 Feet of Building Square Footage Office Property 31.12 1,000 Feet of Building Square Footage Industrial Property 9.07 1,000 Feet of Building Square Footage Undeveloped Property 0 Parcel
WHEREAS, per the RMA as authorized by the qualified electors, the maximum annual special tax shall be increased annually, beginning the year following the base year, as defined in the RMA, by the greater of the increase in the annual percentage change in the Consumer Price Index (CPI) for All Urban Consumers for the RiversideSan Bernardino-Ontario County Region as published by the Department of Labor’s Bureau of Labor Statistics or five percent (5%); and
WHEREAS, the City Council has determined that continuing the calculation of the applied special tax and application of the special tax, as previously approved by the qualified electors, for each assessable parcel of real property within the District will provide the necessary and equitable revenue stream to fund the services of the District for FY 2023/24; and
WHEREAS, the City Council has determined that continuing the calculation of the maximum special tax rate, including an annual adjustment is necessary; and WHEREAS, the calculation of the special tax is in compliance with laws pertaining to the levy of the special taxes; and
WHEREAS, the special tax is levied without regard to property valuation; and WHEREAS, the City has prepared and submitted the Annual Special Tax Report (“Report”) for FY 2023/24, which identifies the maximum and special tax rates, in an amount not to exceed the maximum special tax, and the calculation thereof; and WHEREAS, the Report is on file in the office of the City Treasurer/Chief Financial Officer (“CFO”) and is incorporated herein by this reference; and WHEREAS, the annual special taxes shall be submitted to the Riverside County Auditor-Controller’s Office, to be levied on the property tax bills of parcels subject to the special tax.
NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY
SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. Incorporation of Recitals. The foregoing recitals are true and correct and incorporated herein by this reference.
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Packet Pg. 1258 Attachment: Resolution for CFD 2021-01 (6057 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 3 Resolution No. CSD 2023-__
Date Adopted: May 16, 2023
2. Approval of Report. The above referenced Report, on file in the office of the City’s CFO, is approved as filed, as the Report may have been modified by order of the CSD Board.
3. Maximum Special Tax Rates. The FY 2023/24 maximum and applied special tax rates for taxable properties shall be as follows:
Property Type
Maximum
Special Tax Rate
Applied Special Tax
Rate
Per
Single Family Property $335.22 $335.20 Unit
Multi-Family Property 335.22 335.20 Unit
Mobile Home Property 335.22 335.20 Unit
Commercial Property 21.49 21.49 1,000 Feet of Building Square Footage Office Property 35.78 35.78 1,000 Feet of Building Square Footage Industrial Property 10.43 10.43 1,000 Feet of Building Square Footage Undeveloped Property 0 0 Parcel
4. Confirming the Rates. The maximum and applied special tax rates are hereby confirmed for each parcel of real property within the District, as set forth in the Report.
5. Collection of Special Taxes. The special taxes set forth in the Report, will be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.
Notwithstanding the forgoing, any special taxes that cannot be collected on the County tax roll, or are not so collected, may be collected through direct billing by the City.
6. Modifications. The City’s CFO is authorized to adjust the special taxes levied on the property tax roll in the event there are parcel changes, clerical errors, new parcels annexed into the District, or other adjustments as may be necessary between the date the special taxes were calculated and the date the fixed charges are submitted to the County of Riverside, provided the applied special tax rate does not exceed the maximum special tax rate and is in compliance with the RMA.
7. Provision of Services. Nothing in this description of services or any Resolution or Ordinance of the CSD Board shall be construed as committing the CSD or the District to provide all of the proposed services. The provision of services shall be subject to the availability of sufficient funding through the collection of special tax revenue within the District.
B.5.b
Packet Pg. 1259 Attachment: Resolution for CFD 2021-01 (6057 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 4 Resolution No. CSD 2023-__
Date Adopted: May 16, 2023
8. Severability. If any provision of this Resolution or the application of any such provision is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable and that the CSD Board declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
9. Certified Copy. The Secretary of the CSD is hereby ordered to forward a certified copy of this Resolution to the County of Riverside and to take such actions as are required for the collection of the tax.
10.Certification. The Secretary of the CSD shall certify to the adoption of this Resolution.
11.Effective Date. This Resolution shall become effective immediately upon its adoption.
B.5.b
Packet Pg. 1260 Attachment: Resolution for CFD 2021-01 (6057 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 5 Resolution No. CSD 2023-__
Date Adopted: May 16, 2023
APPROVED AND ADOPTED this 16th day of May 2023.
_____________________________________
By:
Acting in the capacity of President of the
Moreno Valley Community Services District
ATTEST:
____________________________
Deputy City Clerk, acting in the capacity of
Secretary of the Moreno Valley
Community Services District
APPROVED AS TO FORM:
____________________________
City Attorney, acting in the capacity
of General Counsel of the Moreno
Valley Community Services District
B.5.b
Packet Pg. 1261 Attachment: Resolution for CFD 2021-01 (6057 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY 6 Resolution No. CSD 2023-__
Date Adopted: May 16, 2023
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Jane Halstead, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2023-___ was duly and regularly adopted by the Board of Directors of the Moreno Valley Community Services District at a regular meeting held on the 16
th day of May 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________
SECRETARY
(SEAL)
B.5.b
Packet Pg. 1262 Attachment: Resolution for CFD 2021-01 (6057 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY B.5.c
Packet Pg. 1263
Attachment: Boundary Maps (6057 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR B.5.c
Packet Pg. 1264 Attachment: Boundary Maps (6057 : APPROVAL OF THE MAXIMUM AND APPLIED SPECIAL TAXES FOR CERTAIN COMMUNITY FACILITIES DISTRICTS FOR FIS) Report to City Council
ID#6170 Page 1
TO: Mayor and City Council
FROM: Sean P. Kelleher, Acting Community Development Director AGENDA DATE: May 16, 2023
TITLE: APPEAL(PAA23-0004) OF PLANNING COMMISSION
APPROVAL OF A CONDITIONAL USE PERMIT (PEN21-
0174) FOR THE OPERATION OF A COMMERCIAL
CANNABIS MICROBUSINESS
RECOMMENDED ACTION
Recommendations: That the City Council:
A. ADOPT Resolution No. 2023-XX, attached hereto, DENYING Appeal (PAA23-0004), upholding the Planning Commission’s decision to approve the Conditional Use Permit (PEN21-0174).
1. FINDING that Conditional Use Permit (PEN21-0174) is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as a Class 1 Exemption (Section 15301, Existing Facilities) and 15061(b)(3) common sense exemption; and
2. APPROVING Conditional Use Permit (PEN21-0174) subject to the attached Conditions of Approval as Exhibit A to the Resolution.
SUMMARY
This staff report recommends denying Appeal (PAA23-0004) and approving the Conditional Use Permit (PEN21-0174) (“Project”) for the operation of a cannabis microbusiness within an existing 30,905 square-foot building located at the southeast corner of Alessandro Boulevard and Indian Street, 24595 Alessandro Boulevard (“Project Site”) in the Commercial Mixed Use (COMU) District.
DISCUSSION
Planning Commission Action/Appeal
F.1
Packet Pg. 1265
The Proposed Project was considered by the Planning Commission at a duly noticed public meeting conducted on December 22, 2022, and the Planning Commission voted unanimously with a 6-0 vote, finding that the Conditional Use Permit is Exempt from the California Environmental Quality Act as a Class 1 Exemption (Section 15301, Existing Facilities) and approving the Conditional Use Permit for the Microbusiness project.
The Planning Commission decision was appealed by Sipkoi (PAA23-0004) within the 10-day appeal period.
BACKGROUND
The Project Site was developed and operated as a grocery store until the grocery store relocated to its current location on Iris Avenue. The existing building has remained vacant since. The proposed cannabis microbusiness will occupy the entirety of the existing building.
Maximum Number
Section 9.09.290 (Commercial Cannabis Activities) of the Municipal Code provides that commercial cannabis land use activities (such as the Proposed Project) are conditionally permitted on, but not limited to, lands zoned Community Commercial (CC).
In other words, each type of activity must be located in a permitted zone within the City, as set forth in Title 9 (Planning and Zoning) of the Municipal Code, and each activity requires a CUP issued by the Planning Commission.
Currently, the City permits the approval of a maximum of seven microbusinesses throughout the entire City. The table below identifies, amongst other things, 1) the maximum number of CUPs that may be issued for the entire City for each type of commercial cannabis business activity, and 2) the number of CUPs issued for each commercial cannabis business activity.
Types of
Commercial
Cannabis
Activities
Number of
Permits
Allowed
Number of
Provisional
Business
Permits
Issued
Number of
Conditional
Use Permit
Applications
Submitted
Number of
Conditional
Use Permit
Applications
Pending
Review
Number of
Conditional
Use Permit
Applications
Approved
Dispensaries 25 24 24 2 22
Testing Facilities 0 0 0 0 0
Cultivation 4 4 3 2 1
Microbusinesses 7 7 5 1 4
Distribution 2 2 2 0 2
Manufacturing 1 1 1 0 1
As mentioned herein, the Applicant was issued one of the seven Microbusiness Provisional Business Permits. The Proposed Project is included within the five Microbusiness Conditional Use Permit Applications submitted and is the only F.1
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Microbusiness Conditional Use Permit Application Pending Review. If the Proposed Project is approved, this would be the 5th Microbusiness CUP approved, allowing for only two more under the City’s current regulations.
Proposed Project
The Planning Commission approved the Applicant’s proposal to establish a cannabis microbusiness named I.E. Gardens I, LLC. The Project Site is located at 24595 Alessandro Boulevard within the Sunnymead Village Center in the existing vacant 30,905 square-foot building. The proposed operations of the cannabis microbusiness include 10,000 square feet for cultivation, a 4,759 square-foot retail dispensary for onsite sales, and the remaining square footage for the distribution process, with common areas.
The Applicant has proposed to utilize the original public entrance at the front of the existing building on the north for customer access into the retail portion. Tenant improvements include modifications to the existing building floor plan by adding new full-height wall partitions to establish a lobby, reception, offices, retail area, cultivation rooms, distribution rooms, and storage rooms.
The proposed floor plans Illustrate that the existing mezzanine will be used for storage purposes. Customer and employee parking will be provided within the main parking lot for the center. The hours of operation for the cannabis business are only permitted between the hours of 6:00 am and 10:00 pm to be consistent with provisions in state law.
Site/Surrounding Area
The Project Site is a developed parcel with access from Indian Street and Alessandro Boulevard. The Project Site is located within the Commercial Mixed-Use District, which allows for the proposed use with the approval of a Conditional Use Permit. The Project Site is within the Sunnymead Village Center, which is developed with multiple retail buildings. To the north and south of the commercial center are single-family residential properties. Across Alessandro Boulevard to the north and across Indian Street to the west are existing multi-tenant commercial centers also within the Commercial MixedUse District.
Access/Parking
Three existing driveways along Alessandro Boulevard and two existing driveways along Indian Street, provide access to the Project Site. As the Proposed Project will occupy an existing retail space, no additional parking is required, as the existing parking meets the applicable parking requirements. The Proposed Project will be required to upgrade the parking lot to include a slurry seal and restriping of the parking stalls within the Proposed Project’s boundaries.
Design/Landscaping
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The Applicant proposes to keep the existing design elements and colors of the existing building unmodified to be consistent with the rest of the shopping center. Existing landscaping areas will be replanted as necessary, and additional landscaping improvements will be provided along Alessandro Boulevard and Indian Street frontages where necessary on the Proposed Project’s parcel, and within the commercial center.
Proposed Project Entitlements
Status of Provisional Commercial Cannabis Regulatory Permit On June 3, 2021, I.E. Gardens I, LLC, received a provisional Commercial Cannabis Business Permit (MVCCRP-MB0005) for a microbusiness from the City of Moreno Valley. The Applicant states they will apply for the necessary state permits once the City Council approves the CUP application.
CONDITIONAL USE PERMIT
The Applicant is requesting approval for a CUP to operate a 30,905-square-foot microbusiness. It will be consistent with all applicable federal, state, and local requirements, including all applicable provisions of Moreno Valley Municipal Code Section 9.09.290 and Title 5 (Business Regulations).
• Safety and Security Plans
The security measures that are proposed are similar to other cannabis businesses and comply with the provisions of Section 9.09.290 of the Moreno Valley Municipal Code.
The Safety and Security Plans provided to the City identify methods to address site security for employees, customers, and the public, as well as fire prevention methods that comply with local and state laws and include provisions for on-site security guards, a fire alarm system, on-site safety, and security signage, parking lot lighting, secured parking area for deliveries, a video surveillance system, and a system for the transfer of product and currency. A condition of approval has been placed requiring the Applicant to provide all video to the City’s Police and Fire Departments upon request. • Odor Control Plan
An Odor Control Plan has been prepared in conformance with City requirements to ensure the abatement of all potential odors that could emanate from cannabis products.
All areas of the dispensary will be equipped with sufficient odor, absorbing ventilation, and an exhaust system so that odor generated inside that facility is not detected outside of the premises or in the neighboring suite. To control odors, humidity, and mold, the applicant will install and maintain an exhaust air filtration system with odor control through carbon scrubbers, installation of vent dampers, sealing and insulation of ducts, and increased roof and wall installation. In the event that more than three separate complaints are made, management will engage HVAC specialists and a maintenance team to the site to remediate, repair, and/or replace any faulty, damaged, or malfunctioning parts. The air filtration system for the suite will be reviewed and permitted by the Building & Safety Division staff as part of the tenant improvement plans F.1
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for the heating, ventilation, and air conditioning (HVAC) systems for the proposed dispensary. In addition, the staff is requiring that automatic closures shall be installed on all interior and exterior doors and that all roof venting, wall penetrations panel joints, etc., be sealed to prevent odors from migrating outside of the dispensary.
Commercial Cannabis State License
The Applicant plans to apply for the necessary State cannabis licenses if the CUP is ultimately approved by the City.
Final Commercial Cannabis Regulatory Permits
The Project’s Provisional CCRP will become a Final CCRP and become effective upon such time that the applicant: 1) obtains a CUP pursuant to Chapter 9.09.290 (Commercial Cannabis Activities); 2) obtains a City Business License pursuant to Chapter 5.02 (Business Licenses); 3) obtains a Certificate of Occupancy pursuant issued by the City’s Building & Safety Department; 4) registers its commercial cannabis business with the City’s Tax Administrator pursuant to Chapter 3.28 (Commercial Cannabis Activity Tax); 5) obtains the appropriate Commercial Cannabis State License issued by the California Department of Cannabis Control; 6) obtains (if necessary) all other relevant and necessary regulatory permits, licenses and approvals within the purview of the California Department of Food and Agriculture, the California Department of Public Health and any other relevant state agencies; and 7) obtains a State Sellers Permit from the California Department of Tax and Fee Administration.
ENVIRONMENTAL
Staff recommends that the City Council find that the Proposed Project is exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelines as a Class 1 Exemption (Section 15301, Existing Facilities) and 15061(b)(3) common sense exemption. Pursuant to the California Code of Regulations, a Class 1 exemption can be applied to a project when the project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The Proposed Project has been found to meet all of the conditions of the Class 1 exemption as the Proposed Project involves interior alterations, a new entrance, and no expansion of use.
Staff additionally recommends the City Council find the Proposed Project further exempt from CEQA pursuant to the common sense exemption because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment due to the fact the Proposed Project will operate within an existing building, negligible changes to the existing building and Project Site are being proposed, and the Proposed Project is subject to an Odor Control Plan to ensure the abatement of all potential odors that could emanate from cannabis products.
ALTERNATIVES
F.1
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1. Conduct a public hearing and take action to deny the appeal PAA23-0004, and, FIND that Conditional Use Permit (PEN21-0174) is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as a Class 1 Exemption (Section 15301, Existing Facilities) and 15061(b)(3) common sense exemption; and APPROVE Conditional Use Permit (PEN21-0174) consistent with the Staff recommendations to the Planning Commission. Staff recommends this alternative.
2. Conduct a public hearing on the Project and uphold the appeal, (PAA23-0004), and do not approve the application. Staff does not recommend this alternative.
FISCAL IMPACT
Not applicable
NOTIFICATION
Notice of the public hearing was sent to all property owners of record within 600 feet of the Project Site. The public hearing notice was also posted on the Project Site and published in the Press Enterprise newspaper.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Julia Descoteaux Sean P. Kelleher
Senior Planner Acting Community Development Director
CITY COUNCIL GOALS
Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal policies to support essential City services, regardless of economic climate.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
F.1
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1. Appeal Letter (PAA23-0004)
2. Resolution No. 2023-XX
3. Exhibit A to Resolution No. 2023-XX Conditions of Approval
4. Project Plans
5. Zoning Map
6. Planning Commission Staff Report and Resolution
7. Public Comment Letters
8. Request for May 16, 2023 Meeting
APPROVALS
Budget Officer Approval ✓ Approved . 5/05/23 10:37 AM
City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 5/05/23 11:28 AM
F.1
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F.1.a
Packet Pg. 1272 Attachment: Appeal Letter (PAA23-0004) (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A CANNABIS MICROBUSINESS) 1 RESOLUTION NUMBER 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT
(PEN21-0174) FOR A CANNABIS MICROBUSINESS LOCATED AT THE
SOUTHEAST CORNER OF ALESSANDRO BOULEVARD AND INDIAN
STREET (APN: 482-520-004)
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California; and
WHEREAS, Shade Awad (“Applicant”) has filed an application for the approval of a Conditional Use Permit PEN21-0174 for a Commercial Cannabis Microbusiness (“Proposed Project”), located in the Sunnymead Village Center at the southwest corner of Alessandro Boulevard and Indian Street (APN: 482-520-004) (“Project Site”); and WHEREAS, Section 9.09.290 (Commercial Cannabis Activities) provides that a limited number of commercial cannabis microbusinesses may be allowed within Commercial Mixed Use (COMU)/Community Commercial (CC) District, with a properly secured conditional use permit approved through the Planning Commission; and WHEREAS, Section 9.02.060 (Conditional Use Permits) of the Moreno Valley Municipal Code acknowledges that the purpose of conditional use permits is to allow the establishment of uses that may have special impacts or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location and that the conditional use permit application process involves the review of location, design, and configuration of improvements related to the Project, and the potential impact of the Project on the surrounding area based on fixed and established standards; and
WHEREAS, the Proposed Project has been evaluated in accordance with Section
9.02.060 (Conditional Use Permits) of the Municipal Code with consideration given to the City’s General Plan, Zoning Ordinance, and other applicable laws and regulations; and WHEREAS, pursuant to the provisions of Section 9.02.200 (Public Hearing and Notification Procedures) of the Municipal Code and Government Code section 65905, a public hearing was scheduled for December 22, 2022, and notice thereof was duly published and posted and mailed to all property owners of record within 600 feet of the Project Site; and
WHEREAS, on December 22, 2022, the public hearing to consider the Proposed Project was duly conducted by the Planning Commission at which time all interested persons were provided with an opportunity to testify and to present evidence and the Planning Commission voted 6-0 to approve the Proposed Project; and WHEREAS, at the public hearing, the Planning Commission considered whether each of the requisite findings specified in Section 9.02.060 of the Municipal Code and set forth herein could be made with respect to the proposed Project as conditioned by F.1.b
Packet Pg. 1273 Attachment: Resolution No. 2023-XX [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A CANNABIS MICROBUSINESS) 2 Conditions of Approval; and
WHEREAS, on December 22, 2022, in accordance with the provisions of the California Environmental Quality Act (CEQA1) and CEQA Guidelines,2the Planning Commission considered and approved Resolution 2022-59 finding that the Proposed Project is (1) Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth in Public Resources Code Sections 21000 – 21177 and the CEQA Guidelines as set forth in 14 California Code of Regulations Sections 15000- 15387, under CEQA Guidelines1 Section 15301 (Existing Facilities), which would apply to the Proposed Project since the Proposed Project has been found to meet all of the conditions of the Class 1 Exemption as the Project involves limited interior alterations and no expansion of use; and (2) exempt from CEQA pursuant to 15061(b)(3) common sense exemption, and approved Resolution 2022-59 approving the Proposed Project; and WHEREAS, on January 3, 2023, an appeal (PAA23-0004) was filed against the Planning Commission’s decision; and
WHEREAS, Staff has presented for the City Council’s consideration Conditions of Approval to be imposed upon the Conditional Use Permit PEN21-0174 which conditions have been deemed necessary to protect the public health, safety, and welfare and ensure that the Proposed Project will be developed in accordance with the purpose and intent of Title 9 (Planning and Zoning) of the Municipal Code; and WHEREAS, pursuant to the provisions of Section 9.02.200 (Public Hearing and Notification Procedures) of the Municipal Code and Government Code section 65905, a public hearing was scheduled for March 21, 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, at the conclusion of the public hearing, City Council adopted Resolution No. 2023-XX, denying the appeal, PAA23-0004, and finding that the project is exempt from CEQA; and
WHEREAS, consistent with the requirements of Section 9.02.060 (Conditional Use Permit) of the Municipal Code, at the public hearing the City Council considered Conditions of Approval to be imposed upon Conditional Use Permit PEN21-0174, which conditions were prepared by Planning Division staff who deemed said conditions to be necessary to protect the public health, safety, and welfare and to ensure the Proposed Project will be developed in accordance with the purpose and intent of Title 9 (“Planning and Zoning”) of the Municipal Code; and
WHEREAS, at the public hearing, the City Council considered whether each of the requisite findings specified in Section 9.02.060 of the Municipal Code and set forth herein could be made with respect to the proposed Project as conditioned by Conditions of 1 Public Resources Code §§ 21000-21177
2 14 California Code of Regulations §§15000-15387
F.1.b
Packet Pg. 1274 Attachment: Resolution No. 2023-XX [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A CANNABIS MICROBUSINESS) 3 Approval.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals and Exhibits
That the foregoing Recitals and attached Exhibits are true and correct and are hereby incorporated by this reference.
Section 2. Notice
That pursuant to Government Code section 66020(d)(1), notice is hereby given that the proposed Project is subject to certain fees, dedications, reservations, and other exactions as provided herein, in the staff report and conditions of approval (collectively, “Conditions”); and these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the ninety-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun.
Section 3. Evidence
That the City Council has considered all of the evidence submitted into the administrative record for the proposed Conditional Use Permit, including, but not limited to, the following:
(a) Moreno Valley General Plan and all other relevant provisions contained therein;
(b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code and all other relevant provisions referenced therein;
(c) Testimony, comments, and correspondence from all persons that were provided at, or prior to the December 22, 2022, Planning Commission public hearing;
(d) Appeal PAA23-0004;
(e) Application for the approval of a Conditional Use Permit PEN21-0174 and all documents, records, and references contained therein; (f) Conditions of Approval for Conditional Use Permit PEN21-0174 attached hereto as Exhibit A;
(g) Staff Report prepared for the Planning Commission’s consideration and all documents, records, and references related thereto, and Staff’s presentation at the public hearing;
(h) Planning Commission’s determination that the Proposed Project is categorically exempt in compliance with the California Environmental Quality Act (CEQA) and CEQA Guidelines;
(i) Testimony and/or comments from Applicant and its representatives during the public hearing; and
F.1.b
Packet Pg. 1275 Attachment: Resolution No. 2023-XX [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A CANNABIS MICROBUSINESS) 4 (j) Testimony and/or comments from all persons that was provided in written format or correspondence, at, or prior to, the public hearing.
Section 4. Findings
That based on the content of the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the City Council makes the following findings:
(a) The Proposed Project is consistent with the goals, objectives, policies, and programs of the General Plan;
(b) The Proposed Project complies with all applicable zoning and other regulations;
(c) 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
(d) The location, design, and operation of the Proposed Project will be compatible with existing and planned land uses in the vicinity.
Section 5. Determination of Categorical Exemption
That the Planning Commission hereby determines that the Proposed Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelines Sections 15301 (Existing Facilities) and 15061(b)(3) common sense exemption.
Section 6. Notice of Exemption
That the Planning Division is hereby directed to prepare, execute, and file a Notice of Exemption as required by Section 5.2 (Noticing Requirements) of the City’s Rules and Procedures for the Implementation of the California Environmental Quality Act and CEQA Guidelines Section 15062.
Section 7. Approval
That based on the foregoing Recitals, Administrative Record and Findings, the City Council hereby approves the Proposed Project (Conditional use Permit PEN21- 0174) subject to the Conditions of Approval for Conditional use Permit PEN21-0174, attached hereto as Exhibit A.
Section 8. Repeal of Conflicting Provisions
That all the provisions as heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.
Section 9. Severability
That the City Council declares that, should any provision, section, paragraph, F.1.b
Packet Pg. 1276 Attachment: Resolution No. 2023-XX [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A CANNABIS MICROBUSINESS) 5 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 10. Effective Date
That this Resolution shall take effect immediately upon the date of adoption.
Section 11. Certification
That the City Clerk for the City Council shall certify to the passage of this Resolution.
PASSED AND ADOPTED THIS 21st DAY OF MARCH 2023.
CITY OF MORENO VALLEY
CITY COUNCIL
_________________________
Ulises Cabrera,
Mayor of the City of Moreno Valley
ATTEST:
_________________________
Jane Halstead, City Clerk
APPROVED AS TO FORM:
_________________________
Steven B. Quintanilla,
Interim City Attorney
Exhibits:
Exhibit A: Conditions of Approval
F.1.b
Packet Pg. 1277 Attachment: Resolution No. 2023-XX [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A CANNABIS MICROBUSINESS) Exhibit
A
CONDITIONS OF APPROVAL
F.1.b
Packet Pg. 1278 Attachment: Resolution No. 2023-XX [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A CANNABIS MICROBUSINESS)
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN21-0174)
CITY OF MORENO VALLEY
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN21-0174)
EFFECTIVE DATE:
EXPIRATION DATE:
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Any expansion to this use or exterior alterations will require the submittal of a separate application(s) and shall be reviewed and approved under separate permit(s). (MC 9.02.080)
2. This project is located within the Commercial Mixed-Use (COMU) zone. The provisions of the Zoning Ordinance and the Conditions of Approval shall prevail unless modified herein.
3. 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)
4. In the event the use hereby permitted ceases operation for a period of one (1) year or more, or as defined in the current Municipal Code, this permit may be revoked in accordance with provisions of the Municipal Code. (applicable to CUP's)
5. The Developer shall defend, indemnify and hold harmless the City, city council, commissions, boards, subcommittees and the City’s elected and appointed officials, commissioners, board members, officers, agents, consultants and employees (“City Parties”) from and against any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following items: (i) any prior or current agreements by and among the City and the Developer; (ii) the current, concurrent and subsequent permits, licenses and entitlements approved by the City; (iii) any environmental determination made by the City in connection with the Project Site and the Project; and (iv) any proceedings or other actions undertaken by the City in connection with the adoption or approval of any of the above. In the event of any administrative, legal, equitable action or other F.1.c
Packet Pg. 1279 Attachment: Exhibit A to Resolution No. 2023-XX Conditions of Approval (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN21-0174)
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. 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)
8. 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)
9. All site plans, grading plans, landscape and irrigation plans, fence/wall plans, lighting plans and street improvement plans shall be coordinated for consistency with this approval.
Special Conditions
10. The commercial cannabis microbusiness shall be consistent with all other applicable federal, state and local requirements including the Moreno Valley Municipal Code Title 5 and Title 9, and all related Municipal Code sections.
11. The cannabis licensee shall display its current valid Commercial Cannabis Business Permit under Chapter 5.05 of this Code and a Conditional Use Permit issued in accordance with this chapter inside the lobby or waiting area of the main entrance to the site. The permits shall be displayed at all times in a conspicuous place so that it may be readily seen by all persons entering the site. (MC 9.09.290 (D)(2)(c))
12. All City Fire, Police and Code personnel shall have unlimited and unrestricted property access for inspections of commercial cannabis businesses and facilities F.1.c
Packet Pg. 1280 Attachment: Exhibit A to Resolution No. 2023-XX Conditions of Approval (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN21-0174)
during business hours. (MC 9.09.290 (D)(2)(g))
13. Security surveillance cameras and a video recording system must be installed to monitor all doors into and out of the buildings on the site, the parking lot, loading areas, and all exterior sides of the property adjacent to the public rights -of-way. The camera and recording systems must be of adequate quality, color rendition, and resolution to allow the identification of any individual present on the site. The recording system must be capable of exporting the recorded video in standards MPEG formats to another common medium, such as a DVD or USB drive. (MC
9.09.290 (E)(12)(a))
14. All windows on the building that houses the Cannabis Facility shall be appropriately secured and all cannabis and marijuana securely stored.
15. A copy of all pages of these conditions shall be included in the construction drawing package.
16. The commercial cannabis operation shall have a valid Commercial Cannabis Business Permit and shall comply with all requirements of Moreno Valley Municipal Code Chapter 5.05 prior to issuance of occupancy permits.
17. No person associated with this commercial cannabis microbusiness shall cause or permit the sale, dispensing or consumption of alcoholic beverages or the sale of tobacco products on or within 50 feet of the premises of a cannabis business. (MC
9.09.290 (D)(2)(b))
18. All operations conducted and equipment used must be in compliance with all applicable state and local regulations, including all building, electrical and fire codes. (MC 9.09.290 (E)(7)(b))
19. Professionally and centrally monitored fire, robbery, and burglar alarm systems must be installed and maintained in good working condition. The alarm system must include a private security company that is required to respond to every alarm. ( MC
9.09.290 (E)(12)(b))
20. The site has been approved for a commercial cannabis microbusiness located at 24595 Alessandro Boulevard per the approved plans and per the requirements of the City's Municipal Code (MC) Section 9.09.290 Commercial cannabis activities,
9.09.293 Cannabis Business locations and use, and 5.05 Commercial Cannabis Activity. A change or modification to the interior design/set-up, exterior elevations or business process (including security procedures) shall require separate review and approval. For a Conditional Use Permit, violation may result in revocation in the case of a Conditional Use Permit per MC Section 9.09.290 F and 9.02.260.
21. A licensee conducting a commercial cannabis microbusiness shall meet all F.1.c
Packet Pg. 1281 Attachment: Exhibit A to Resolution No. 2023-XX Conditions of Approval (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN21-0174)
applicable operational requirements for retail/commercial cannabis dispensaries, commercial cannabis cultivation, and commercial cannabis distribution, activities. (MC 9.09.290 (E)(6)(d))
22. No person shall smoke, ingest, or otherwise consume cannabis in any form on, or within twenty (20) feet of, the microbusiness site. (MC 9.09.290 (E)(4)(f))
23. All three activities associated with the commercial cannabis microbusiness: 1) retail/commercial cannabis dispensaries; 2) commercial cannabis cultivation; and 3) commercial cannabis distribution shall commence and be continuously in operation. Should the applicant wish to modify or discontinue any of these activities, an application to amend this Conditional Use Permit shall be submitted to the City for review and approval.
24. Prior to occupancy, the operator must hold a microbusiness (Type 12) license issued by the State Bureau of Cannabis Control. (MC 9.09.290 (E)(6)(e))
25. All operations conducted and equipment used must be in compliance with all applicable State and local regulations, including all building, electrical, and fire codes. (MC 9.09.290(E)(7)(b))
26. No commercial cannabis microbusiness owner or employee shall: (i) cause or permit the sale, distribution, or consumption of alcoholic beverages on or within 50 feet of the premises of the cannabis business (ii) hold or maintain a license from the State Division of Alcoholic Beverage Control for the sale of alcoholic beverages; or (iii) operate a business on or adjacent to the dispensary property that sells alcoholic beverages. No alcoholic beverages shall be allowed or stored on the property.
27. The commercial cannabis microbusiness shall have designated locked storage on the dispensary property for after-hours storage of medical and adult use recreational cannabis and cannabis infused products. All cannabis and cannabis infused products shall be stored at the dispensary property in secured rooms that are completely enclosed or in a safe that is bolted to the floor (with accommodations in place at all times to allow for and facilitate unlimited/unrestricted access throughout the premises by emergency service personnel). (MC 9.09.290 (E)(6)(c))
28. All cultivation areas in the building shall be separated from the main entrance and lobby, and shall be secured by a lock accessible only to managers, staff, and other cannabis cultivation licensee (with accommodations in place at all times to allow for and facilitate unlimited/unrestricted access throughout the premises by emergency service personnel).
29. The total area of the premises designated/used for cultivation canopy shall not be more than ten thousand (10,000 square feet).
F.1.c
Packet Pg. 1282 Attachment: Exhibit A to Resolution No. 2023-XX Conditions of Approval (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN21-0174)
30. Any person(s) cultivating cannabis with the use of glow lights, fans, ventilation devices, or any other electrical or mechanical equipment shall comply with all applicable Building and Fire Code requirements adopted by the City of Moreno Valley, shall obtain all necessary permits and prerequisite inspections required for installation prior to commercial use of the equipment and/or facility.
31. All cultivation facilities shall be organized in orderly rows with aisles at least three feet wide, and no more than eight feet between an aisle and the next aisle or the aisle and the wall, and clear access shall be maintained to all exists unless the planning official, building official, and fire marshal collectively determine that the business has provided an alternative, properly dimensioned floor plan that confirms equivalent access and clearance/separation between plants and the facility exits.
32. Waste and storage and disposal of all cannabis and marijuana products shall meet all applicable state and local health regulation. (MC 9.09.290 (E)(13))
33. The cannabis license and the Conditional Use Permit, apply only to the 30,905 square foot existing building at 24595 Alessandro Boulevard. No use of any other tenant space, outside of the 30,905 square foot existing building is allowed per Conditional Use Permit PEN21-0174.
34. Daily hours of operation may start no earlier than 6:00 am and end no later than 10:00 pm, Sunday through Saturday.
35. No cannabis or marijuana materials or products shall be visible from the exterior of any structure, facility, or building in which commercial cannabis uses are being conducted. All allowable commercial cannabis uses must take place within a fully enclosed, secured and permanent structure (with accommodations in place at all times to allow for and facilitate unlimited/unrestricted access throughout the premises by emergency service personnel). (MC 9.09.290 (E)(6)(c))
36. The premises must be equipped with an odor absorbing ventilation and exhaust system so that odor generated inside the Cannabis Business that is distinctive to its operation is not detected outside the Cannabis Business, anywhere on adjacent property or public rights-of-way, on or about any exterior or interior common area walkways, hallways, breeze-ways, foyers, lobby areas, or any other areas available for common use by tenants or the visiting public, or within any other unit located within the same building as the Cannabis Business. As such, Cannabis Businesses must install and maintain the following equipment or any other equipment which the Local Licensing Authority determines has the same or better effectiveness:
a. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or
b. An air system that creates negative air pressure between the Cannabis Businesses' interior and exterior so that the odors generated inside the Cannabis F.1.c
Packet Pg. 1283 Attachment: Exhibit A to Resolution No. 2023-XX Conditions of Approval (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN21-0174)
Business are not detectable outside the Cannabis Business.
37. All Cannabis heating, ventilation, air conditioning and odor control plans and blue prints shall be stamped by a Licensed HVAC Mechanical Engineer.
38. All window arrays, doors and associated framing systems shall be renovated to install new glazing compounds and seals.
39. Automatic closures on all interior and exterior doors shall be installed.
40. All interior and exterior door seals shall be replaced and adjusted.
41. All roof venting, wall penetrations, panel joints etc. shall be sealed.
42. Prior to issuance of a Certificate of Occupancy, the applicant shall slurry seal and restripe the parking lot area within the limits of their parcel to the satisfaction of the Building and Planning Divisions. Applicant shall submit a restriping plan to the Planning and Building Divisions for review and approval prior to restriping the parking lot.
43. Air curtains shall be installed on all exterior doors.
44. Two secured parking spaces, identified on a plot plan shall be located convenient the required secured area of each facility to be used by secured transfer vehicles involved in the couriering or dispensing of cannabis materials products to and from the facility and for use by any secured vehicle commissioned for the transfer of currency to and from the facility. (MC 9.09.290 (E)(9)(f))
45. Licensee shall prohibit loitering by individuals outside the licensed premises or anywhere on the property. (MC 9.09.290 (E)(14)(c))
46. Licensee shall remove any graffiti from the licensed premises within twenty-four (24) hours of its occurrence, or as requested by the city. (MC 9.09.290 (E)(14)(d))
47. Exterior landscaping within ten (10) feet of a licensed premises shall be designed, installed and maintained free of locations which could reasonably be used by persons to conceal themselves and/or to enable undesirable activity. The design and maintenance practices shall give appropriate consideration to both natural and artificial illumination. (MC 9.09.290(E)(8)(c))
48. The parking lot lighting shall be maintained in good repair and shall comply with the Municipal Code lighting standards and the Security Plan at all times.
49. Prior to approval of tenant improvement plans, a detailed, on-site, computer generated, point- by-point comparison lighting plan, including exterior building, parking lot, and landscaping lighting, shall be submitted as part of the Building and F.1.c
Packet Pg. 1284 Attachment: Exhibit A to Resolution No. 2023-XX Conditions of Approval (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN21-0174)
Safety Plan Check submittal for review and approval. The lighting plan shall be generated on the plot plan and shall be integrated with the final landscape plan. The plan shall indicate the manufacturer's specifications for light fixtures used and shall include style, illumination, location, height and method of shielding. The lighting shall be designed in such a manner so that it meets the lighting standards in the Cannabis Ordinance 932. After the third plan check review for lighting plans, an additional plan check fee will apply. (MC 9.08.100, DG) Lighting shall comply with the provisions of MC Section 9.08.100 including fixture type, wattage illumination levels and shielding. (MC 9.09.290 (E)(10))
50. The commercial cannabis operation shall comply with all requirements of Moreno Valley Municipal Code Chapter 5.05 prior to issuance of occupancy permits.
51. Prior to Building Permit or Certificate of Occupancy, the process for any transfer of product or currency shall be identified in an updated Security Plan to be reviewed and approved by the Planning Division. (MC 9.09.290 (D)(2)(f))
52. The Security Plan on file with the City of Moreno Valley shall remain in effect as long as the established use is in operation. Any changes, additions, removal or modifications to the plan shall be submitted to the City for review and inclusion in the Conditional Use Permit file.
53. Prior to approval of tenant improvement plans, the applicant shall submit plans detailing provisions for controlled/secured access into and out of the dispensary area.
54. Persons under the age of twenty-one (21) years shall not be allowed on the premises. It shall be unlawful and a violation of this chapter for any person to employ any person at a commercial cannabis business who is not at least twenty-one (21) years of age.
55. The applicant shall repaint the exterior of the suite, to the satisfaction of the Planning Division. The applicant shall submit paint colors and descriptions to the Planning Division for review and approval prior to repainting the building.
Building Division
56. 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.
57. Contact the Building Safety Division for permit application submittal requirements.
F.1.c
Packet Pg. 1285 Attachment: Exhibit A to Resolution No. 2023-XX Conditions of Approval (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN21-0174)
58. Building plans submitted shall be signed and sealed by a California licensed design professional as required by the State Business and Professions Code.
59. 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.
60. The proposed project will be subject to approval by the Eastern Municipal Water District and all applicable fees and charges shall be paid prior to permit issuance.
Contact the water district at 951.928.3777 for specific details.
61. 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.
62. 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.
63. Prior to permit issuance, every applicant shall submit a properly completed Waste Management Plan (WMP), as a portion of the building or demolition permit process. (MC 8.80.030)
FIRE DEPARTMENT
Fire Prevention Bureau
64. 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)
65. 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)
66. 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)
67. Prior to issuance of Certificate of Occupancy or Building Final, all commercial F.1.c
Packet Pg. 1286 Attachment: Exhibit A to Resolution No. 2023-XX Conditions of Approval (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN21-0174)
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])
68. 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.
69. 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.
70. The Fire Code Official is authorized to enforce the fire safety during construction requirements of Chapter 33. (CFC Chapter 33 & CBC Chapter 33)
71. 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])
72. 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)
73. 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)
74. Delayed egress- Where delayed egress systems are to be installed an approved fire sprinkler and an automatic smoke detection system shall be installed in accordance with the California Building and Fire Code.
F.1.c
Packet Pg. 1287 Attachment: Exhibit A to Resolution No. 2023-XX Conditions of Approval (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN21-0174)
PUBLIC WORKS DEPARTMENT
Special Districts Division
75. Damage. Any damage to existing landscape areas maintained by the City of Moreno Valley due to project construction shall be repaired/replaced by the Developer, or Developer’s successors in interest, at no cost to the City of Moreno Valley.
F.1.c
Packet Pg. 1288 Attachment: Exhibit A to Resolution No. 2023-XX Conditions of Approval (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A COTTONWOOD AVE BRODIAEA AVE. JENKINS DR. ALESSANDRO BLVDBAY AVE DRACAEA AVE. EUCALYTUS AVE MYERS AVE. FIRE AVE. WEBSTER AVE. SUNNYMEAD BLVD ATWOOD AVE.
INDIAN STREET
PERRIS
BLVD
PERRIS
BLVD
PERRIS
BLVD SITE 60 FREEWAY T P P-LT P TRASH ENCLOSURE EXISTING PROPERTY LINE P-LT P-LIGHT P-LIGHT P-LTP-LT P-LT P-S-LT P-LT P-LT P-LT P-LT P-LT P-LT P-S-LT P-LT P-LT P-LT P-LT P-LT P-LT P-LT P-LT P-LT P-LT P-LT P-LT P-LT P-LT P-LT P-LT P-LT P-LT P-LT P-LT P-LT F-H F-H F-H F-H F-H F-H F-H F-H F-H F-H LIGHTING PARKING LOT: street and buildings shall be well lit , landscaping and trees shadows cast by landscaping and trees on the property, in walkways and public areas. will be Minimized , and trimmed . ALARM SYSTEM Business shall have an alarm system that is monitored by a designated private alarm company to notify the Moreno Valley Police Department of any intrusions. Trees and Maintenance Ensure any trees surrounding building rooftops be kept at a distance to prevent roof accessibility by potential burglars. The branches must be pruned to have at least six-foot clearance from the buildings. ROOFTOP ADDRESSING: Rooftop shall be addressed, maintenance shall be provided as required by the engineer, and by the city building official in addressing all buildings roof top . SCALE 1'=40' 209 456 430 404 360 326 293 251 490 550 668 638 608 578 748 728 698 758 791
797
840
863
F.1.d
Packet Pg. 1289
Attachment: Project Plans (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A CANNABIS MICROBUSINESS) ENTRY "LIMITED ACCESS"
"AUTHORIZE PERSONEL ONLY"
LOCKING HARDWARE
ENTRY "LIMITED ACCESS"
"AUTHORIZE PERSONEL ONLY"
EGRESS EGRESS
1200 Amp 3PH
ELEC. PANEL
EGRESS
ENTRY "LIMITED ACCESS"
"AUTHORIZE PERSONEL ONLY"
CASHIERS
MW
SECURITY
DESK
ENTRANCE
& EXIT
ENTRANCE
& EXIT
1 PARTIAL SECOND FLOOR: EXISTING
SCALE: 3/32" = 1'-0"
479 SF
DISPENSARY LOBBY
362 SF
BUSINESS RECEPTION AREA DVR DISPLAY
DISPLAY CASH
5 CASH
3 DISPLAY CASH
4 CASH3 CASH
3 CASH
2 CASH
1 DISPLAY DISPLAY DISPLAY DISPLAY DISPLAY DISPLAY DISPLAY DISPLAY DISPLAY DISPLAY DISPLAY DISPLAY DISPLAY DISPLAY DISPLAY 33 57
30 36
31 32 34
18 56 58 20
49 44 45
41 39
12 9
10 7
14 15
16 21
59 51
46 47
38 37 35
26 24
28 50
40 42 43
48 11
5 8 6
29 27 25
60 23
13 2 4 1 3
52 53
54 55 61 62
17 19
PROPOSED FLOOR PLAN
A
OWNER:
SECURITY CAMERA TO BE PLACED
INSIDE AND OUTSIDE THE BUILDING
SECURITY CAMERA RECORDING DEVICE
SECURITY CAMERA NUMBER
200 WATT EXTERIOR LIGHTING
ODOR CONTROL
LEGEND
DVR
OC
1 EMPLOYEE BREAK ROOMS, CHANGING FACILITIES, AND BATHROOMS, SHALL BE SEPARATED FROM ANY AND ALL [INVENTORY] STORAGE AREAS.
SHOW ROOM TO BE RESTOCKED BEFORE BUSINESS HOURS F0R SECURITY REASONS SECURITY CAMERAS TO BE ADDED THROUGHOUT EXTERIOR AND INTERIOR BUILDING: AT EVERY ENTRANCE AND EXIT OF EACH ROOM EXCEPT RESTROOMS ALL WINDOWS ON THE BUILDING SHALL BE SECURED AGAINST ENTRY FROM THE OUTSIDE.
THERE WILL NOT BE MORE THAN 10% OF CANNABIS RETAIL FLOOR AREA OF RETAIL SALES FOR INCIDENTAL/NON-CANNABIS GOODS.
UP TO A MAXIMUM OF 50 SF IS ALLOWED FOR INCIDENTAL/NON-CANNABIS GOODS PER ORDINANCE 348 SECTION 19.519.
SHOW ROOM (SALES AREA) IS 3,555 SF
10% X 3,555 SF = 0.10 X 3,555= 371.72 SF
NO MORE THAN 371.72 SF OF ALLOWED RETAIL SALES FOR
INCIDENTAL/NON-CANNABIS GOODS.
OC OC OC
OC
OC
OC
OC
OC
66 SF 66 SF
EMPLOYEE BREAK ROOM: No restaurant is proposed, the seating is only for authorizes employees , this area is utilized for employee break room only , windows are not to be obstructed.
DELAYED EGRESS
DELAYED EGRESS SHALL NOT AND WILL NOT BE INSTALLED AT THIS FACILITY AT ANY TIME. In accordance with the California Building and Fire Code Chapters 9 and 10, buildings with delayed egress locks shall be equipped throughout with an automatic sprinkler system and an approved automatic smoke detection system. INSTALLATION OF DELAYED EGRESS AT THIS FACILITY WITHOUT SPRINKLERS AND DETECTION WILL RESULT IN IMMEDIATE BUSINESS CLOSURE.” - SECURITY CAMERAS : Security cameras shall be installed inside the businesses and several cameras outside.
BUILDING SIZE:
In no case shall the commercial cannabis building canopy exceed 10,000 square feet. Per Sheet
1. CANNABIS RETAIL AREA: 4,759 FT^2
2. CANOPY CANNABIS CULTIVATION AREA: 10,000 SFT^2F
3. GENERAL AREA: 7,430 SF
4. OFFICE AND MANAGEMENT 7811 FT^2
TOTAL BUILDING AREA 30,905 FT^2
35 SF
STORAGE
AREA
CANNABIS WASTE
STORAGE AREA
PROCESSING AREA
BATCH SAMPLING
PACKAGING &
LABELING AREA
BUSINESS
OPERATION
AREA
NON CANNABIS
STORAGE AREA
RECORD
STORAGE AREA A
AGRICULTURAL CHEMICAL
STORAGE AREA
PESTICIDE
STORAGE AREA
ACCORDING TO IBC TABLE 1004.1.2
OCCUPANCY GROUP F-1 - (1/300)
OCCUPANCY S-1 (1/300 ) , OCCUPANCY B (1/150)
OFFICES & OTHER ROOM AREAS
OFFICES & OTHER ROOM AREAS OCCUPANCY
GROUP
B
S-1
S-1
S-1
F-1
F-1
B
B
B
B
B
B
F-1
F-1
F-1
CANOPY
AREA(SF)
1090
866
1440
1128
771
1115
794
7204
10,000 SQ. FT.
CANOPY
AREA(SF)
1090
866
1440
1128
771
1115
794
7204
OFFICES & OTHER ROOM AREAS OCCUPANCY
GROUP
B
S-1
S-1
S-1
F-1
F-1
B
B
B
B
B
B
F-1
F-1
F-1
OFFICES & OTHER ROOM AREAS
WALL LEGEND
EXISTING WALLS
PROPOSED WALLS PER DETAIL A-1
ON THIS SHEET
DETAIL A-1
WALL DEMISING WALL DETAIL
4759 FT^2
DISPENSARY RETAIL SPACE
F-1
F.1.d
Packet Pg. 1290 Attachment: Project Plans (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A CANNABIS MICROBUSINESS) 4 ELEVATION: WEST
Roof: 26'-8"
2nd Floor: 10'-0"
1st Floor: 0'-0"
Ground Floor: -2'-0" 3 ELEVATION: EAST 2 ELEVATION: NORTH Roof: 26'-8"
2nd Floor: 10'-0"
1st Floor: 0'-0"
Ground Floor: -2'-0"
2nd Floor: 10'-0"
1st Floor: 0'-0"
Ground Floor: -2'-0"
Roof: 26'-8"
TOP OF PARAPET : 22'-0"
2nd Floor: 10'-0"
1st Floor: 0'-0"
Ground Floor: -2'-0"
ELEVATIONS A
OWNER: 2 ELEVATION: SOUTH
SCALE: 1/8" = 1'-0"
TOP OF PARAPET : 22'-0"
TOP OF PARAPET : 22'-0"
TOP OF PARAPET : 22'-0"
F.1.d
Packet Pg. 1291 Attachment: Project Plans (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A CANNABIS MICROBUSINESS) 376.2
315.5
WGS_1984_Web_Mercator_Auxiliary_Sphere
0 157.74 315.5 Feet
COMU Zoning District
DISCLAIMER: The information shown on this map was compiled from the City of Moreno Valley GIS and Riverside County GIS. The land base and facility information on this map is for display purposes only and should not be relied upon without independent verification as to its accuracy. Riverside County and City of Moreno Valley will not be held responsible for any claims, losses or damages resulting from the use of this map.
Notes:
Legend
Print Date: 12/8/2022
Image Source: Nearmap
Zoning
Commercial
Center Mixed Use
Downtown Center
Corridor Mixed Use
Industrial/Business Park
Public Facilities
Highway Office/Commercial
Office
Business Flex
Large Lot Residential
Residential Agriculture 2 DU/AC
Residential 2 DU/AC
Suburban Residential
Multi-family
Open Space/Park
Master Plan of Trails
Bridge
Improved
Multiuse
Proposed
Regional
State
Road Labels
Parcels
City Boundary
Sphere of Influence
F.1.e
Packet Pg. 1292 Attachment: Zoning Map (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A CANNABIS ID#6016 Page 1
PLANNING COMMISSION
STAFF REPORT
Meeting Date: December 22, 2022
A CONDITIONAL USE PERMIT FOR THE OPERATION OF A COMMERCIAL CANNABIS MICROBUSINESS WITHIN AN EXISTING 30,905 SQUARE-FOOT SUITE
WITHIN THE SUNNYMEAD VILLAGE CENTER
Case: PEN21-0174 – Conditional Use Permit
Applicant: I.E. Gardens I, LLC, Shade Awad
Property Owner K & R Investments
Representative Shade Awad
Project Site: Sunnymead Village Center
Southeast corner of Alessandro Boulevard and Indian Street.
APN: 482-520-004
Case Planners: Senior Planner, Julia Descoteaux
Contract Planner, Malinda Lim
Council District: 3
Proposed Project: Conditional Use Permit (PEN21-0174) for the operation of a cannabis microbusiness within an existing 30,905 square-foot building at 24595 Alessandro Boulevard.
CEQA: Exempt from California Environmental Quality Act (CEQA) under CEQA Guidelines as a Class 1 Exemption (Section
15301, Existing Facilities) ad 15061(b)(3) common sense exemption
SUMMARY
The Applicant, I.E. Gardens I, LLC, is requesting approval of a Conditional Use Permit (CUP) PEN21-0174 (“Project”) to allow a 30,905 square-foot cannabis microbusiness, F.1.f
Packet Pg. 1293 Attachment: Planning Commission Staff Report and Resolution [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A
I.E. Gardens I, LLC, consisting of 10,000 square feet for cultivation, a 4,759 square-foot dispensary, and remaining square footage for distribution and common areas within an existing building at the Sunnymead Village Center. The Proposed Project is located at the southeast corner of Alessandro Boulevard and Indian Street (“Project Site”) in the Commercial Mixed Use (COMU) Zoning District. The Applicant is proposing hours of operation between 6 a.m. to 10 p.m. seven days a week. This Proposed Project, as conditioned, is consistent with the goals, policies, and objectives of the City’s General Plan and Municipal Code.
BACKGROUND
The Project Site was developed and operated as a grocery store until the grocery store relocated to its current location on Iris Avenue. The existing building has remained vacant since. The proposed cannabis microbusiness will occupy the entirety of the existing building.
Maximum Number
Section 9.09.290 (Commercial Cannabis Activities) of the Municipal Code provides that commercial cannabis land use activities (such as the Proposed Project) are conditionally permitted on, but not limited to, lands zoned Community Commercial (CC).
In other words, each type of activity must be located in a permitted zone within the City, as set forth in Title 9 (Planning and Zoning) of the Municipal Code, and each activity requires a CUP issued by the Planning Commission.
Currently, the City permits the approval of a maximum of (seven microbusinesses throughout the entire City. The table below identifies, amongst other things, 1) the maximum number of CUPs that may be issued for the entire City for each type of commercial cannabis business activity, and 2) the number of CUPs issued for each commercial cannabis business activity.
Types of
Commercial
Cannabis
Activities
Number of
Permits
Allowed
Number of
Provisional
Business
Permits
Issued
Number of
Conditional
Use Permit
Applications
Submitted
Number of
Conditional
Use Permit
Applications
Pending
Review
Number of
Conditional
Use Permit
Applications
Approved
Dispensaries 25 25 23 3 22
Testing Facilities 1 0 0 0 0
Cultivation 5 5 3 3 0
Microbusinesses 7 7 5 3 4
Distribution 2 2 2 1 1
Manufacturing 3 2 2 2 0
As mentioned herein, the Applicant was issued one of the seven issued Microbusiness Provisional Business Permits. The Proposed Project is included within the five Microbusiness Conditional Use Permit Applications submitted and included within the 3 F.1.f
Packet Pg. 1294 Attachment: Planning Commission Staff Report and Resolution [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A
identified Microbusiness Conditional User Permit Applications Pending Review. If the Proposed Project is approved, this would be the 5th Microbusiness CUP approved, allowing for only two more under the City’s current regulations.
PROJECT DESCRIPTION
Proposed Project
The Applicant is requesting approval to establish a cannabis microbusiness named I.E.
Gardens I, LLC. The Project Site is located at 24595 Alessandro Boulevard within the Sunnymead Village Center in the existing vacant 30,905 square-foot building. The Applicant proposes to operate a cannabis microbusiness including 10,000 square feet for cultivation, a 4,759 square-foot retail dispensary for on-site sales, and the remaining square footage for the distribution process, with common areas. Municipal Code Section
9.09.290 E(6)(b) (Commercial Cannabis Microbusinesses), defines a microbusiness as a cannabis facility that includes a combination of at least three of the following four activities: manufacturing, cultivation (limited to 10,000 square feet), distribution, and dispensary.
The Applicant has proposed to utilize the original public entrance at the front of the existing building on the north for customer access into the retail portion. Tenant improvements include modifications to the existing building floor plan by adding new full-height wall partitions to establish a lobby, reception, offices, retail area, cultivation rooms, distribution rooms, and storage rooms.
The proposed floor plans Illustrate that the existing mezzanine will be used for storage purposes. Customer and employee parking will be provided within the main parking lot for the center. The hours of operation for the cannabis business are only permitted between the hours of 6:00 am and 10:00 pm to be consistent with provisions in state law.
Site/Surrounding Area
The Project Site is a developed parcel with access from Indian Street and Alessandro Boulevard. The Project Site is located within the Commercial Mixed-Use District, which allows for the proposed use with the approval of a Conditional Use Permit. The Project Site is within the Sunnymead Village Center, which is developed with multiple retail buildings. To the north and south of the commercial center are single-family residential properties. Across Alessandro Boulevard to the north and across Indian Street to the west are existing multi-tenant commercial centers also within the Commercial MixedUse District.
Access/Parking
Three existing driveways along Alessandro Boulevard and two existing driveways along Indian Street, provide access to the Project Site. As the Proposed Project will occupy an existing retail space, no additional parking is required, as the existing parking meets the applicable parking requirements. The Proposed Project will be required to upgrade the F.1.f
Packet Pg. 1295 Attachment: Planning Commission Staff Report and Resolution [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A
parking lot to include a slurry seal and restriping of the parking stalls within the Proposed Project’s boundaries.
Design/Landscaping
The Applicant proposes to keep the existing design elements and colors of the existing building unmodified to be consistent with the rest of the shopping center. Existing landscaping areas will be replanted as necessary, and additional landscaping improvements will be provided along Alessandro Boulevard and Indian Street frontages where necessary on the Proposed Project’s parcel, and within the commercial center.
Proposed Project Entitlements
Status of Provisional Commercial Cannabis Regulatory Permit On June 3, 2021, I.E. Gardens I, LLC, received a provisional Commercial Cannabis Business Permit (MVCCRP-MB0005) for a microbusiness from the City of Moreno Valley. The Applicant states they will apply for the necessary state permits once the Planning Commission approves the CUP application.
CONDITIONAL USE PERMIT
The Applicant is requesting approval for a CUP to operate a 30,905-square-foot microbusiness. It will be consistent with all applicable federal, state, and local requirements, including all applicable provisions of Moreno Valley Municipal Code Section 9.09.290 and Title 5 (Business Regulations).
• Safety and Security Plans
The security measures that are proposed are similar to other cannabis businesses and comply with the provisions of Section 9.09.290 of the Moreno Valley Municipal Code.
The Safety and Security Plans provided to the City identify methods to address site security for employees, customers, and the public, as well as fire prevention methods that comply with local and state laws and include provisions for on-site security guards, a fire alarm system, on-site safety, and security signage, parking lot lighting, secured parking area for deliveries, a video surveillance system, and a system for the transfer of product and currency. A condition of approval has been placed requiring the Applicant to provide all video to the City’s Police and Fire Departments upon request. • Odor Control Plan
An Odor Control Plan has been prepared in conformance with City requirements to ensure the abatement of all potential odors that could emanate from cannabis products.
All areas of the dispensary will be equipped with sufficient odor, absorbing ventilation, and an exhaust system so that odor generated inside that facility is not detected outside of the premises or in the neighboring suite. To control odors, humidity, and mold, the applicant will install and maintain an exhaust air filtration system with odor control through carbon scrubbers, installation of vent dampers, sealing and insulation of ducts, F.1.f
Packet Pg. 1296 Attachment: Planning Commission Staff Report and Resolution [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A
and increased roof and wall installation. In the event that more than three separate complaints are made, management will engage HVAC specialists and a maintenance team to the site to remediate, repair, and/or replace any faulty, damaged, or malfunctioning parts. The air filtration system for the suite will be reviewed and permitted by the Building & Safety Division staff as part of the tenant improvement plans for the heating, ventilation, and air conditioning (HVAC) systems for the proposed dispensary. In addition, the staff is requiring that automatic closures shall be installed on all interior and exterior doors and that all roof venting, wall penetrations panel joints, etc., be sealed to prevent odors from migrating outside of the dispensary.
Commercial Cannabis State License
The Applicant plans to apply for the necessary State cannabis licenses if the CUP is ultimately approved by the City.
Final Commercial Cannabis Regulatory Permits
The Project’s Provisional CCRP will become a Final CCRP and become effective upon such time that the applicant: 1) obtains a CUP pursuant to Chapter 9.09.290 (Commercial Cannabis Activities); 2) obtains a City Business License pursuant to Chapter 5.02 (Business Licenses); 3) obtains a Certificate of Occupancy pursuant issued by the City’s Building & Safety Department; 4) registers its commercial cannabis business with the City’s Tax Administrator pursuant to Chapter 3.28 (Commercial Cannabis Activity Tax); 5) obtains the appropriate Commercial Cannabis State License issued by the California Department of Cannabis Control; 6) obtains (if necessary) all other relevant and necessary regulatory permits, licenses and approvals within the purview of the California Department of Food and Agriculture, the California Department of Public Health and any other relevant state agencies; and 7) obtains a State Sellers Permit from the California Department of Tax and Fee Administration.
REVIEW PROCESS
The Applicant has worked with staff and modified the proposed plans to the satisfaction of all departments. Based on the staff’s review, it was determined that the Proposed Project will be consistent with the City’s requirements, subject to the conditions of approval in the attached Resolution.
ENVIRONMENTAL
Staff recommends that the Planning Commission find that the Proposed Project is exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelines as a Class 1 Exemption (Section 15301, Existing Facilities) and 15061(b)(3) common sense exemption. Pursuant to the California Code of Regulations, a Class 1 exemption can be applied to a project when the project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The Proposed Project has been found to meet all of F.1.f
Packet Pg. 1297 Attachment: Planning Commission Staff Report and Resolution [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A
the conditions of the Class 1 exemption as the Proposed Project involves interior alterations, a new entrance, and no expansion of use.
Staff additionally recommends the Planning Commission find the Proposed Project further exempt from CEQA pursuant to the common sense exemption because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment due to the fact the Proposed Project will operate within an existing building, negligible changes to the existing building and Project Site are being proposed, and the Proposed Project is subject to an Odor Control Plan to ensure the abatement of all potential odors that could emanate from cannabis products.
NOTIFICATION
Consistent with the City’s Municipal Code provisions, public notice was sent to all property owners of record within 600 feet of the Project Site, posted on the Project Site, and published in the Press-Enterprise Newspaper.
REVIEW AGENCY COMMENTS
The project application materials were circulated for review by all appropriate City departments and divisions as well as applicable outside agencies.
STAFF RECOMMENDATION
Staff recommends that the Planning Commission APPROVE Resolution No. 2022-59, and thereby:
1. FINDING that Conditional Use Permit PEN21-0174 is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as a Class 1 Exemption (Section 15301, Existing Facilities) and 15061(b)(3) common sense exemption; and
2. APPROVING Conditional Use Permit PEN21-0174 subject to the attached Conditions of Approval as Exhibit A to the Resolution.
Prepared by: Approved by:
Malinda Lim Sean P Kelleher
Contract Planner Planning Division Manager
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Resolution No. 2022-59 - Conditional Use Permit
2. Project Plans
3. Zoning Map
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Packet Pg. 1298 Attachment: Planning Commission Staff Report and Resolution [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A 1 RESOLUTION NUMBER 2022-59
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MORENO VALLEY, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT (PEN21-0174) FOR A CANNABIS MICROBUSINESS LOCATED
AT THE SOUTHEAST CORNER OF ALESSANDRO BOULEVARD AND
INDIAN STREET (APN: 482-520-004)
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California; and
WHEREAS, Shade Awad (“Applicant”) has filed an application for the approval of a Conditional Use Permit PEN21-0174 for a Commercial Cannabis Microbusiness (“Proposed Project”), located in the Sunnymead Village Center at the southwest corner of Alessandro Boulevard and Indian Street (APN: 482-520-004) (“Project Site”); and WHEREAS, Section 9.09.290 (Commercial Cannabis Activities) provides that a limited number of commercial cannabis microbusinesses may be allowed within Commercial Mixed Use (COMU)/Community Commercial (CC) District, with a properly secured conditional use permit approved through the Planning Commission; and WHEREAS, Section 9.02.060 (Conditional Use Permits) of the Moreno Valley Municipal Code acknowledges that the purpose of conditional use permits is to allow the establishment of uses that may have special impacts or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location and that the conditional use permit application process involves the review of location, design, and configuration of improvements related to the Project, and the potential impact of the Project on the surrounding area based on fixed and established standards; and
WHEREAS, the Proposed Project has been evaluated in accordance with Section
9.02.060 (Conditional Use Permits) of the Municipal Code with consideration given to the City’s General Plan, Zoning Ordinance, and other applicable laws and regulations; and WHEREAS, Section 9.02.060 of the Municipal Code imposes conditions of approval upon projects for which a Conditional Use Permit 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 to ensure that the proposed Project will be developed in accordance with the purpose and intent of Title 9 (Planning and Zoning) of the Municipal Code; and
WHEREAS, pursuant to the provisions of Section 9.02.200 (Public Hearing and Notification Procedures) of the Municipal Code and Government Code Section 65905, a public hearing was scheduled for December 22, 2022, and notice thereof was duly published and posted, and mailed to all property owners of record within 600 feet of the Project Site; and
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Packet Pg. 1299 Attachment: Planning Commission Staff Report and Resolution [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A 2 WHEREAS, on December 22, 2022, the duly noticed 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, consistent with the requirements of Section 9.02.060 (Conditional Use Permits) of the Municipal Code, at the public hearing the Planning Commission considered Conditions of Approval to be imposed upon Conditional Use Permit PEN21- 0174 (“CUP”), which conditions were prepared by Planning Division staff who deemed said conditions to be necessary to protect the public health, safety, and welfare and to ensure the proposed Project will be developed in accordance with the purpose and intent of Title 9 (“Planning and Zoning”) of the Municipal Code; and WHEREAS, at the public hearing, the Planning Commission reviewed and considered the Planning Division’s recommendation that the proposed Project is (1) Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth in Public Resources Code Sections 21000 – 21177 and the CEQA Guidelines as set forth in 14 California Code of Regulations Sections 15000-15387, under CEQA Guidelines1 Section 15301 (Existing Facilities), which would apply to the Proposed Project since the Proposed Project has been found to meet all of the conditions of the Class 1 Exemption as the Project involves limited interior alterations and no expansion of use; and (2) exempt from CEQA pursuant to 15061(b)(3) common sense exemption, and WHEREAS, at the public hearing, the Planning Commission considered whether each of the requisite findings specified in Section 9.02.060 of the Municipal Code and set forth herein could be made with respect to the proposed Project as conditioned by the Conditions of Approval.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals and Exhibits
That the foregoing Recitals and attached Exhibits are true and correct and are hereby incorporated by this reference.
Section 2. Notice
That pursuant to Government Code section 66020(d)(1), notice is hereby given that the proposed Project is subject to certain fees, dedications, reservations, and other exactions as provided herein, in the staff report and conditions of approval (collectively, “Conditions”); and these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the ninety-day approval period in which you may protest 1 14 California Code of Regulations §§15000-15387
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Packet Pg. 1300 Attachment: Planning Commission Staff Report and Resolution [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A 3 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 proposed Conditional Use Permit, 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 a Conditional Use Permit PEN21-0174 and all documents, records, and references contained therein;
(d) Conditions of Approval for Conditional Use Permit PEN21-0174 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) Staff’s determination that the Proposed Project is categorically exempt in compliance with the California Environmental Quality Act (CEQA) and CEQA Guidelines;
(g) Testimony and/or comments from Applicant and its representatives during the public hearing; and
(h) Testimony and/or comments from all persons that was provided in written format or correspondence, at, or prior to, the public hearing.
Section 4. Findings
That based on the 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) The Proposed Project is consistent with the goals, objectives, policies, and programs of the General Plan;
(b) The Proposed Project complies with all applicable zoning and other regulations; (c) 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 (d) The location, design, and operation of the Proposed Project will be compatible with existing and planned land uses in the vicinity.
Section 5. Determination of Categorical Exemption
That the Planning Commission hereby determines that the Proposed Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under CEQA Guidelines Sections 15301 (Existing Facilities) and 15061(b)(3) common sense exemption.
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Packet Pg. 1301 Attachment: Planning Commission Staff Report and Resolution [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A 4 Section 6. Notice of Exemption
That the Planning Division is hereby directed to prepare, execute, and file a Notice of Exemption as required by Section 5.2 (Noticing Requirements) of the City’s Rules and Procedures for the Implementation of the California Environmental Quality Act and CEQA Guidelines Section 15062.
Section 7. Approval
That based on the foregoing Recitals, Administrative Record and Findings, the Planning Commission hereby approves the Proposed Project (Conditional use Permit PEN21-0174) subject to the Conditions of Approval for Conditional use Permit PEN21-0174, attached hereto as Exhibit A.
Section 8. Repeal of Conflicting Provisions
That all the provisions as heretofore adopted by the Planning Commission that are in conflict with the provisions of this Resolution are hereby repealed.
Section 9. Severability
That the Planning Commission declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 10. Effective Date
That this Resolution shall take effect immediately upon the date of adoption.
Section 11. Certification
That the Secretary of the Planning Commission shall certify to the passage of this Resolution.
PASSED AND ADOPTED THIS 22nd DAY OF DECEMBER 2022.
CITY OF MORENO VALLEY
PLANNING COMMISSION
____________________________________
Alvin DeJohnette, Chairperson
ATTEST:
__________________________________________
Sean P. Kelleher, Planning Official
F.1.f
Packet Pg. 1302 Attachment: Planning Commission Staff Report and Resolution [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A 5 APPROVED AS TO FORM:
__________________________________________
Steven B. Quintanilla, Interim City Attorney
Exhibits:
Exhibit A: Conditions of Approval
F.1.f
Packet Pg. 1303 Attachment: Planning Commission Staff Report and Resolution [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A 6 Exhibit A
CONDITIONS OF APPROVAL
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Packet Pg. 1304 Attachment: Planning Commission Staff Report and Resolution [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN21-0174)
CITY OF MORENO VALLEY
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN21-0174)
EFFECTIVE DATE:
EXPIRATION DATE:
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. Any expansion to this use or exterior alterations will require the submittal of a separate application(s) and shall be reviewed and approved under separate permit(s). (MC 9.02.080)
2. This project is located within the Commercial Mixed-Use (COMU) zone. The provisions of the Zoning Ordinance and the Conditions of Approval shall prevail unless modified herein.
3. 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)
4. In the event the use hereby permitted ceases operation for a period of one (1) year or more, or as defined in the current Municipal Code, this permit may be revoked in accordance with provisions of the Municipal Code. (applicable to CUP's)
5. The Developer shall defend, indemnify and hold harmless the City, city council, commissions, boards, subcommittees and the City’s elected and appointed officials, commissioners, board members, officers, agents, consultants and employees (“City Parties”) from and against any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following items: (i) any prior or current agreements by and among the City and the Developer; (ii) the current, concurrent and subsequent permits, licenses and entitlements approved by the City; (iii) any environmental determination made by the City in connection with the Project Site and the Project; and (iv) any proceedings or other actions undertaken by the City in connection with the adoption or approval of any of the above. In the event of any administrative, legal, equitable action or other F.1.f
Packet Pg. 1305 Attachment: Planning Commission Staff Report and Resolution [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN21-0174)
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. 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)
8. 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)
9. All site plans, grading plans, landscape and irrigation plans, fence/wall plans, lighting plans and street improvement plans shall be coordinated for consistency with this approval.
Special Conditions
10. The commercial cannabis microbusiness shall be consistent with all other applicable federal, state and local requirements including the Moreno Valley Municipal Code Title 5 and Title 9, and all related Municipal Code sections.
11. The cannabis licensee shall display its current valid Commercial Cannabis Business Permit under Chapter 5.05 of this Code and a Conditional Use Permit issued in accordance with this chapter inside the lobby or waiting area of the main entrance to the site. The permits shall be displayed at all times in a conspicuous place so that it may be readily seen by all persons entering the site. (MC 9.09.290 (D)(2)(c))
12. All City Fire, Police and Code personnel shall have unlimited and unrestricted property access for inspections of commercial cannabis businesses and facilities F.1.f
Packet Pg. 1306 Attachment: Planning Commission Staff Report and Resolution [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN21-0174)
during business hours. (MC 9.09.290 (D)(2)(g))
13. Security surveillance cameras and a video recording system must be installed to monitor all doors into and out of the buildings on the site, the parking lot, loading areas, and all exterior sides of the property adjacent to the public rights -of-way. The camera and recording systems must be of adequate quality, color rendition, and resolution to allow the identification of any individual present on the site. The recording system must be capable of exporting the recorded video in standards MPEG formats to another common medium, such as a DVD or USB drive. (MC
9.09.290 (E)(12)(a))
14. All windows on the building that houses the Cannabis Facility shall be appropriately secured and all cannabis and marijuana securely stored.
15. A copy of all pages of these conditions shall be included in the construction drawing package.
16. The commercial cannabis operation shall have a valid Commercial Cannabis Business Permit and shall comply with all requirements of Moreno Valley Municipal Code Chapter 5.05 prior to issuance of occupancy permits.
17. No person associated with this commercial cannabis microbusiness shall cause or permit the sale, dispensing or consumption of alcoholic beverages or the sale of tobacco products on or within 50 feet of the premises of a cannabis business. (MC
9.09.290 (D)(2)(b))
18. All operations conducted and equipment used must be in compliance with all applicable state and local regulations, including all building, electrical and fire codes. (MC 9.09.290 (E)(7)(b))
19. Professionally and centrally monitored fire, robbery, and burglar alarm systems must be installed and maintained in good working condition. The alarm system must include a private security company that is required to respond to every alarm. ( MC
9.09.290 (E)(12)(b))
20. The site has been approved for a commercial cannabis microbusiness located at 24595 Alessandro Boulevard per the approved plans and per the requirements of the City's Municipal Code (MC) Section 9.09.290 Commercial cannabis activities,
9.09.293 Cannabis Business locations and use, and 5.05 Commercial Cannabis Activity. A change or modification to the interior design/set-up, exterior elevations or business process (including security procedures) shall require separate review and approval. For a Conditional Use Permit, violation may result in revocation in the case of a Conditional Use Permit per MC Section 9.09.290 F and 9.02.260.
21. A licensee conducting a commercial cannabis microbusiness shall meet all F.1.f
Packet Pg. 1307 Attachment: Planning Commission Staff Report and Resolution [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN21-0174)
applicable operational requirements for retail/commercial cannabis dispensaries, commercial cannabis cultivation, and commercial cannabis distribution, activities. (MC 9.09.290 (E)(6)(d))
22. No person shall smoke, ingest, or otherwise consume cannabis in any form on, or within twenty (20) feet of, the microbusiness site. (MC 9.09.290 (E)(4)(f))
23. All three activities associated with the commercial cannabis microbusiness: 1) retail/commercial cannabis dispensaries; 2) commercial cannabis cultivation; and 3) commercial cannabis distribution shall commence and be continuously in operation. Should the applicant wish to modify or discontinue any of these activities, an application to amend this Conditional Use Permit shall be submitted to the City for review and approval.
24. Prior to occupancy, the operator must hold a microbusiness (Type 12) license issued by the State Bureau of Cannabis Control. (MC 9.09.290 (E)(6)(e))
25. All operations conducted and equipment used must be in compliance with all applicable State and local regulations, including all building, electrical, and fire codes. (MC 9.09.290(E)(7)(b))
26. No commercial cannabis microbusiness owner or employee shall: (i) cause or permit the sale, distribution, or consumption of alcoholic beverages on or within 50 feet of the premises of the cannabis business (ii) hold or maintain a license from the State Division of Alcoholic Beverage Control for the sale of alcoholic beverages; or (iii) operate a business on or adjacent to the dispensary property that sells alcoholic beverages. No alcoholic beverages shall be allowed or stored on the property.
27. The commercial cannabis microbusiness shall have designated locked storage on the dispensary property for after-hours storage of medical and adult use recreational cannabis and cannabis infused products. All cannabis and cannabis infused products shall be stored at the dispensary property in secured rooms that are completely enclosed or in a safe that is bolted to the floor (with accommodations in place at all times to allow for and facilitate unlimited/unrestricted access throughout the premises by emergency service personnel). (MC 9.09.290 (E)(6)(c))
28. All cultivation areas in the building shall be separated from the main entrance and lobby, and shall be secured by a lock accessible only to managers, staff, and other cannabis cultivation licensee (with accommodations in place at all times to allow for and facilitate unlimited/unrestricted access throughout the premises by emergency service personnel).
29. The total area of the premises designated/used for cultivation canopy shall not be more than ten thousand (10,000 square feet).
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Packet Pg. 1308 Attachment: Planning Commission Staff Report and Resolution [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN21-0174)
30. Any person(s) cultivating cannabis with the use of glow lights, fans, ventilation devices, or any other electrical or mechanical equipment shall comply with all applicable Building and Fire Code requirements adopted by the City of Moreno Valley, shall obtain all necessary permits and prerequisite inspections required for installation prior to commercial use of the equipment and/or facility.
31. All cultivation facilities shall be organized in orderly rows with aisles at least three feet wide, and no more than eight feet between an aisle and the next aisle or the aisle and the wall, and clear access shall be maintained to all exists unless the planning official, building official, and fire marshal collectively determine that the business has provided an alternative, properly dimensioned floor plan that confirms equivalent access and clearance/separation between plants and the facility exits.
32. Waste and storage and disposal of all cannabis and marijuana products shall meet all applicable state and local health regulation. (MC 9.09.290 (E)(13))
33. The cannabis license and the Conditional Use Permit, apply only to the 30,905 square foot existing building at 24595 Alessandro Boulevard. No use of any other tenant space, outside of the 30,905 square foot existing building is allowed per Conditional Use Permit PEN21-0174.
34. Daily hours of operation may start no earlier than 6:00 am and end no later than 10:00 pm, Sunday through Saturday.
35. No cannabis or marijuana materials or products shall be visible from the exterior of any structure, facility, or building in which commercial cannabis uses are being conducted. All allowable commercial cannabis uses must take place within a fully enclosed, secured and permanent structure (with accommodations in place at all times to allow for and facilitate unlimited/unrestricted access throughout the premises by emergency service personnel). (MC 9.09.290 (E)(6)(c))
36. The premises must be equipped with an odor absorbing ventilation and exhaust system so that odor generated inside the Cannabis Business that is distinctive to its operation is not detected outside the Cannabis Business, anywhere on adjacent property or public rights-of-way, on or about any exterior or interior common area walkways, hallways, breeze-ways, foyers, lobby areas, or any other areas available for common use by tenants or the visiting public, or within any other unit located within the same building as the Cannabis Business. As such, Cannabis Businesses must install and maintain the following equipment or any other equipment which the Local Licensing Authority determines has the same or better effectiveness:
a. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or
b. An air system that creates negative air pressure between the Cannabis Businesses' interior and exterior so that the odors generated inside the Cannabis F.1.f
Packet Pg. 1309 Attachment: Planning Commission Staff Report and Resolution [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN21-0174)
Business are not detectable outside the Cannabis Business.
37. All Cannabis heating, ventilation, air conditioning and odor control plans and blue prints shall be stamped by a Licensed HVAC Mechanical Engineer.
38. All window arrays, doors and associated framing systems shall be renovated to install new glazing compounds and seals.
39. Automatic closures on all interior and exterior doors shall be installed.
40. All interior and exterior door seals shall be replaced and adjusted.
41. All roof venting, wall penetrations, panel joints etc. shall be sealed.
42. Prior to issuance of a Certificate of Occupancy, the applicant shall slurry seal and restripe the parking lot area within the limits of their parcel to the satisfaction of the Building and Planning Divisions. Applicant shall submit a restriping plan to the Planning and Building Divisions for review and approval prior to restriping the parking lot.
43. Air curtains shall be installed on all exterior doors.
44. Two secured parking spaces, identified on a plot plan shall be located convenient the required secured area of each facility to be used by secured transfer vehicles involved in the couriering or dispensing of cannabis materials products to and from the facility and for use by any secured vehicle commissioned for the transfer of currency to and from the facility. (MC 9.09.290 (E)(9)(f))
45. Licensee shall prohibit loitering by individuals outside the licensed premises or anywhere on the property. (MC 9.09.290 (E)(14)(c))
46. Licensee shall remove any graffiti from the licensed premises within twenty-four (24) hours of its occurrence, or as requested by the city. (MC 9.09.290 (E)(14)(d))
47. Exterior landscaping within ten (10) feet of a licensed premises shall be designed, installed and maintained free of locations which could reasonably be used by persons to conceal themselves and/or to enable undesirable activity. The design and maintenance practices shall give appropriate consideration to both natural and artificial illumination. (MC 9.09.290(E)(8)(c))
48. The parking lot lighting shall be maintained in good repair and shall comply with the Municipal Code lighting standards and the Security Plan at all times.
49. Prior to approval of tenant improvement plans, a detailed, on-site, computer generated, point- by-point comparison lighting plan, including exterior building, parking lot, and landscaping lighting, shall be submitted as part of the Building and F.1.f
Packet Pg. 1310 Attachment: Planning Commission Staff Report and Resolution [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN21-0174)
Safety Plan Check submittal for review and approval. The lighting plan shall be generated on the plot plan and shall be integrated with the final landscape plan. The plan shall indicate the manufacturer's specifications for light fixtures used and shall include style, illumination, location, height and method of shielding. The lighting shall be designed in such a manner so that it meets the lighting standards in the Cannabis Ordinance 932. After the third plan check review for lighting plans, an additional plan check fee will apply. (MC 9.08.100, DG) Lighting shall comply with the provisions of MC Section 9.08.100 including fixture type, wattage illumination levels and shielding. (MC 9.09.290 (E)(10))
50. The commercial cannabis operation shall comply with all requirements of Moreno Valley Municipal Code Chapter 5.05 prior to issuance of occupancy permits.
51. Prior to Building Permit or Certificate of Occupancy, the process for any transfer of product or currency shall be identified in an updated Security Plan to be reviewed and approved by the Planning Division. (MC 9.09.290 (D)(2)(f))
52. The Security Plan on file with the City of Moreno Valley shall remain in effect as long as the established use is in operation. Any changes, additions, removal or modifications to the plan shall be submitted to the City for review and inclusion in the Conditional Use Permit file.
53. Prior to approval of tenant improvement plans, the applicant shall submit plans detailing provisions for controlled/secured access into and out of the dispensary area.
54. Persons under the age of twenty-one (21) years shall not be allowed on the premises. It shall be unlawful and a violation of this chapter for any person to employ any person at a commercial cannabis business who is not at least twenty-one (21) years of age.
55. The applicant shall repaint the exterior of the suite, to the satisfaction of the Planning Division. The applicant shall submit paint colors and descriptions to the Planning Division for review and approval prior to repainting the building.
Building Division
56. 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.
57. Contact the Building Safety Division for permit application submittal requirements.
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Packet Pg. 1311 Attachment: Planning Commission Staff Report and Resolution [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN21-0174)
58. Building plans submitted shall be signed and sealed by a California licensed design professional as required by the State Business and Professions Code.
59. 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.
60. The proposed project will be subject to approval by the Eastern Municipal Water District and all applicable fees and charges shall be paid prior to permit issuance.
Contact the water district at 951.928.3777 for specific details.
61. 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.
62. 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.
63. Prior to permit issuance, every applicant shall submit a properly completed Waste Management Plan (WMP), as a portion of the building or demolition permit process. (MC 8.80.030)
FIRE DEPARTMENT
Fire Prevention Bureau
64. 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)
65. 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)
66. 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)
67. Prior to issuance of Certificate of Occupancy or Building Final, all commercial F.1.f
Packet Pg. 1312 Attachment: Planning Commission Staff Report and Resolution [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN21-0174)
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])
68. 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.
69. 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.
70. The Fire Code Official is authorized to enforce the fire safety during construction requirements of Chapter 33. (CFC Chapter 33 & CBC Chapter 33)
71. 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])
72. 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)
73. 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)
74. Delayed egress- Where delayed egress systems are to be installed an approved fire sprinkler and an automatic smoke detection system shall be installed in accordance with the California Building and Fire Code.
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Packet Pg. 1313 Attachment: Planning Commission Staff Report and Resolution [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN21-0174)
PUBLIC WORKS DEPARTMENT
Special Districts Division
75. Damage. Any damage to existing landscape areas maintained by the City of Moreno Valley due to project construction shall be repaired/replaced by the Developer, or Developer’s successors in interest, at no cost to the City of Moreno Valley.
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Packet Pg. 1314 Attachment: Planning Commission Staff Report and Resolution [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A F.1.g
Packet Pg. 1315 Attachment: Public Comment Letters [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A CANNABIS F.1.g
Packet Pg. 1316 Attachment: Public Comment Letters [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A CANNABIS F.1.g
Packet Pg. 1317 Attachment: Public Comment Letters [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A CANNABIS 1 Julia Descoteaux
From: Kreg McCoy <[email protected]>
Sent: Thursday, December 22, 2022 10:06 AM
To: Malinda Lim; Julia Descoteaux; Kris Hansen; David Marquez Cc: [email protected]
Subject: PEN21-0174 – Conditional Use Permit
Warning: External Email – Watch for Email Red Flags!
Julia and Malinda,
I am writing to oppose PEN21‐0174, a conditional use permit for a micro business.
We are currently operating a micro license located at 24685 Alessandro Blvd and the proposed micro license is in the same shopping center only a few doors down. There are currently two cannabis shops in our center, Angel Organics and Sipkoi, with two more proposed.
With the fees being charged by the city it is hard to make a profit. We are being charged $78,000 a year for the dispensary, $150,000 a year for cultivation, and 8% of gross sales. With the state requiring a 17% excise tax our margins are thin. We are down 30% year over year and the addition of another micro license will make it difficult to survive. The fixed fees are in place regardless of how well we do, or don't do. With these high fees and no regard for location, how does the city expect current businesses survive?
Unfairly charging high fees and high taxes with no protections or representains will result in businesses closing; has the city taken that into consideration?
We would like to speak to this opposition tonight at the planning hearing and would ask that you seriously consider the harm you are doing by approving another cannabis business in our center.
Kreg McCoy
Sipkoi
951‐970‐9107
[email protected]
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Packet Pg. 1318 Attachment: Public Comment Letters [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A CANNABIS F.1.g
Packet Pg. 1319 Attachment: Public Comment Letters [Revision 1] (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A CANNABIS MICROBUSINESS) 1 Sean P. Kelleher
From: Joshua Naggar <[email protected]>
Sent: Friday, April 21, 2023 3:18 PM
To: Sean P. Kelleher
Subject: Empire Appeal 3/21 Council Meeting
Warning: External Email – Watch for Email Red Flags!
Hello all,
We are still in need of more time to coordinate experts as well as their site visits and research and we are now entering the holidays (Ramadan) and as such the project is requesting the City’s consideration of moving the appeal hearing to May 16.
Thank you for any consideration you can offer this request, Joshua
Joshua D. Naggar, Esq.
CA Real Estate Broker‐ BRE # 01742537
Fmr. Sgt. U.S.M.C., VFW Post 888
Past President PVCC (Perris Valley Chamber of Commerce) Riverside County Work Force Development Board Member
President of the Friends of the SoCal Fair
Dir. Cannabis Chamber of Commerce‐ Inland Empire
277 E. 4th St., Suite F PMB 106
Perris, CA 92570
P: 951 287 8518
P: 310 433 8971
F: 866 887 2764
[email protected]
www.Naggarlaw.com
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Packet Pg. 1320 Attachment: Request for May 16, 2023 Meeting (6170 : APPEAL OF PLANNING COMMISSION APPROVAL OF A CANNABIS MICROBUSINESS) Report to City Council
ID#6251 Page 1
TO: Mayor and City Council
FROM: Sean P. Kelleher, Acting Community Development Director AGENDA DATE: May 16, 2023
TITLE: MORENO VALLEY MALL REDEVELOPMENT
RECOMMENDED ACTION
Recommendations: That the City Council:
1. ADOPT Resolution No. 2023-XX, attached hereto:
a. CERTIFYING the Final Subsequent Environmental Impact Report (FSEIR) prepared for the Proposed Project, which consists of a Specific Plan Amendment (PEN21-0168) and Tentative Parcel Map No. 38420 (PEN22- 0061) on file with the Community Development Department, incorporated herein by this reference, based on the Recitals, Evidence, and Findings contained in the Administrative Record of the proceedings and which was completed in compliance with CEQA and the CEQA Guidelines, and reflects that the Planning Commission and the City Council reviewed and considered the information contained in the FSEIR, and exercised its independent judgment and analysis of the Proposed Project’s potential environmental impacts; and
b. ADOPTING the Mitigation Monitoring and Reporting Program prepared for the Proposed Project, which consists of a Specific Plan Amendment (PEN21-0168) and Tentative Parcel Map No. 38420 (PEN22-0061) pursuant to CEQA and the CEQA Guidelines and based on the Recitals, Evidence, and Findings contained in the Administrative Record of the proceedings; and
2. INTRODUCE Ordinance No. XXX APPROVING Specific Plan Amendment (PEN21-0168), based on the Recitals, Evidence, and Findings contained in the Administrative Record of the proceedings; and
3. ADOPT Resolution No. 2023-XX, attached hereto, APPROVING Tentative Parcel Map No. 38420 (PEN22-0061) based on the Recitals, Evidence contained F.2
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in the Administrative Record of the proceedings, and direct staff to make any necessary and corresponding amendments to the City’s Zoning Atlas to reflect the changes in the zoning designations associated with the Specific Plan Amendment.
SUMMARY
Moreno Valley Mall Holding, LLC, (“Applicant”) is requesting approval of a Specific Plan Amendment (PEN21-0168) and Tentative Parcel Map (PEN22-0061) (“Proposed Project”) for land situated within the Center Mixed Use (CEMU) District and subject to the TownGate Specific Plan (SP-200) (the “Project Site”). The Proposed Project consists of two hotels totaling 270 rooms, four residential buildings totaling 1,627 apartment units, plaza-level retail in three of the residential buildings for a total of 40,000 square feet, as well as the removal of the existing 16,344 square foot auto center as part of an overall program to revitalize and redevelop the existing Moreno Valley Mall, located at 22500 Town Circle.
DISCUSSION
The Planning Commission at a duly noticed public hearing conducted on April 27, 2023. voted 4-0, to recommend approval and adoption of a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approval of the Proposed Project.
PROJECT DESCRIPTION
Specific Plan Amendment
The approval of the Specific Plan Amendment (SPA) would amend and supersede the existing Towngate Specific Plan (SP-200) for the portion of Planning Area 2 (PA2) that fully encompasses the Project Site. This Specific Plan Amendment (SPA) is a modification to SP-200, dividing (PA2) into two subareas: PA 2A and PA 2B. PA 2A will comprise approximately 59 acres containing 2.8 million square feet of private internal driveways, parking facilities, and private/public infrastructure. The balance of the Project Site will become PA 2B which makes up approximately 34 acres consisting of 377,594 square feet of private internal driveways and parking facilities. The SPA will establish the standards and guidelines for future development and redevelopment of PA 2A, while PA 2B will continue to be subject to the existing regulations set forth in SP-200.
As discussed in the Specific Plan Amendment the vision of the redeveloped Moreno Valley Mall includes creating a new mixed-use district that supports the existing retail uses and provides opportunities to live, work, play, and grow with the community. The new diverse mixture of uses seeks to fulfill an evolutionary concept that defines the parameters of site planning and design to adapt to ever-changing market trends. As previously identified, the proposed build-out associated with the Specific Plan Amendment will consist of two hotels totaling 270 rooms, four residential buildings that will include 1,627 apartment units and 40,000 square feet of plaza-level retail. The Specific Plan Amendment will also require the removal of the existing 16,344 square F.2
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foot auto center as described in further detail below.
The existing mall will be re-modeled with enhanced interior elements and certain facade improvements, in addition to repurposing the existing Gottschalks building as new retail and repurposing the existing Sears building for multi-tenant retail and related uses.
Additionally, the existing “Food Court” will be redeveloped into a new interior and exterior “pavilion” style Food Market, and the exterior area between the existing cinema and the former Gottschalks building will be redesigned to include outdoor patio dining.
To define the primary entry from Centerpoint Drive, a single 60,000-square-foot office building is proposed, with two hotels operating within a single building that will include 270 hotel rooms and a restaurant, with a conference center located adjacent the hotel building.
A central plaza and public open space is proposed to provide a community gathering place and provide connected pedestrian access to the Moreno Valley Mall and surrounding proposed buildings which will include elements such as seating, a stage area for performance, kiosks, water features, and shade structures.
Four multi-family communities are proposed in the southeastern and the northwest area of the mall that will include 1,627 apartment units. Each of the communities will feature amenities such as pools/spas, courtyards, roof decks or gardens, fitness centers, and business centers. Residential uses will include a combination of private open space (patios or balconies) and common open space (fitness centers, courtyards, lounges, pool, and spa areas). The multi-family buildings in the southeastern mall area would also include approximately 40,000 square feet of first-floor retail.
Tentative Parcel Map
A Tentative Parcel Map is also proposed which will subdivide the existing four parcels into 22 independent parcels with land uses consisting of the Moreno Valley Mall, commercial, residential, hotel, and office uses, plus common open space, and surface parking lots.
Project Site/Surrounding Area
The Moreno Valley Mall is bounded by a loop road (Town Circle) and is located south of the SR-60, east of Day Street, and west of Frederick Street. Existing adjacent uses include multi-story apartments, hotels, and fitness centers to the south. To the east and west of the Project Site are existing commercial uses including home improvement stores, other general retail, and restaurants.
Access/Parking
The Proposed Project will be served by the existing loop road (Town Circle), which provides access to existing surrounding streets such as Heritage Way and Centerpoint Drive. Additionally, Access will be enhanced through the incorporation of bicycle lanes and multiple transit stations proposed to be dispersed and relocated to the north F.2
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perimeter of the Project Site to serve and connect various user destinations. The final location of these facilities will be coordinated with Riverside Transit Authority (RTA). In RTA’s January 11, 2023 letter, incorporated in the FSEIR, RTA remains dedicated to partnering with the City as the Moreno Valley Mall is one of the busiest transfer points in their network. RTA are dedicated to continuing our partnership.
As detailed in the Specific Plan Amendment several of the large parking fields will be replaced with new uses which will result in the need for additional parking structures for the proposed residential units and office and hotel uses along with the existing and proposed retail uses.
REVIEW PROCESS
All appropriate outside agencies have considered the Proposed Project part of the standard review process. The Proposed Project was reviewed by the Project Review Staff Committee as required by the Municipal Code. Following subsequent revisions and reviews by staff, the Proposed Project was determined to be complete.
ENVIRONMENTAL
Previous EIR
The Final Environmental Impact Report (Final EIR) for the TownGate Specific Plan was certified by the City of Moreno Valley in 1986.
Draft SEIR
The Proposed Project has been evaluated against criteria set forth in the California Environmental Quality Act CEQA and CEQA Guidelines. A Draft Subsequent Environmental Impact Report (DSEIR) was prepared for the Proposed Project. The analysis presented in the DSEIR indicates that implementation of the Proposed Project would result in significant and unavoidable adverse impacts to Air Quality and Greenhouse Gas Emissions which are described in detail within the DSEIR. All other environmental effects evaluated in the DSEIR are considered to be less-than-significant or can be reduced to less-than-significant levels with the incorporation of the mitigation measures specified in the DSEIR. A Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program have been prepared. The Draft Subsequent Environmental Impact Report (SCH 2022040136) was circulated to the public (including interested parties/responsible agencies) for review from November 23, 2022, through January 11, 2023.
Draft SEIR Public Comments & Responses to Comments
Eleven public written comment letters were received during the 45-day public review period. Written comments expressed concern regarding potential impacts to aesthetics, air quality, noise, and traffic, while others simply included comments about the Proposed Project without providing specific comments addressing the potential environmental impacts of the Proposed Project.
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Mitigation Measures
Mitigation Measures are recommended for the Proposed Project in the following areas:
Air Quality, Cultural Resources, Greenhouse Gas Emissions, and Transportation. All impacts of the Proposed Project can be mitigated to less than significant levels with the exception of air quality and greenhouse gas emissions.
Statement of Overriding Considerations
Although the Mitigation Measures are recommended to reduce the level of the potential environmental impacts of the Proposed Project, after the application of all feasible mitigation measures, staff has determined that the Proposed Project would result in a few significant and unavoidable environmental effects. The following significant and unavoidable environmental impacts have been identified in the Final SEIR and will require mitigation but cannot be mitigated to a level of insignificance: 1) Air Quality: Air Quality Management Plan Conflict; 2) Air Quality: Criteria Pollutant Emissions; and 3) Greenhouse Gas Emissions: GHG Emissions Generation. Details of these significant unavoidable adverse impacts are discussed in the Final SEIR and are summarized, or were otherwise provided in Section 6, Environmental Impacts Found to be Significant and Unavoidable in the Statement of Facts and Findings.
Notwithstanding the above, when the City, acting as Lead Agency approves a project with significant environmental effects that cannot be avoided or substantially reduced to levels of insignificance with mitigation measures, it must adopt a statement disclosing that because of the project's overriding benefits, it is approving the project despite the project’s unmitigated impacts. (See CEQA Guidelines section 15043.) The Lead Agency must set forth the reasons for its action, based on the Final DEIR or other information in the record. (See CEQA section 21081(b) and CEQA Guidelines section 15093(a).) This requirement reflects the statutory policy that after a lead agency weighs a proposed project's benefits against its unavoidable environmental impacts, it may nonetheless certify an EIR, if the lead agency finds that the benefits of the project outweigh or override the project’s unavoidable environmental impacts, through the adoption of a Statement of Overriding Considerations that expresses the "larger, more general reasons for approving the project, such as the need to create new jobs, provide housing, generate taxes, and the like." (See CEQA section 21081(b) and CEQA Guidelines section 15093(a).)
In light of the foregoing, staff recommends that based on weighing the benefits of the Proposed Project against the Proposed Project’s unavoidable impacts, the City Council should find that any one of the following benefits standing alone would be sufficient to sustain a Statement of Overriding Considerations:
1. Approval of the Proposed Project will implement the objectives established for the Proposed Project, such as: a) revitalizing the existing Moreno Valley Mall site; b) creating a long-term development plan that encourages and facilitates new uses of high quality and design; c) providing a mixed-use village that serves as a regional anchor to the area and draws upon the vibrancy of established neighborhoods, business, and community amenities nearby; d) integrating the F.2
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Proposed Project into an established urban fabric and established neighborhoods; e) providing a mixture of uses that reduces vehicle miles traveled through internal capture of trips; facilitating private investment in the development; f) enabling flexibility in development while achieving community goals; g) providing a mixture of high-quality housing and ground level commercial uses; h) providing a circulation system that is responsive to the needs of multimodal travel; i) providing landscaping appropriate to the level of development and sensitive to the surrounding areas; j) establishing architecture which enhances the property with timeless architectural style; k) providing a visually harmonious development as viewed both internally and externally; l) promoting a project that has an architectural language promoting the varied uses while working with the contextual and regional vernacular of the Southern California area; and m) providing adequate parking including a shared parking program;
2. Approval of the Proposed Project would result in construction of new mixed-use commercial, office, and residential development and increase employment opportunities for City and area residents;
3. Approval of the Proposed Project would facilitate the City’s progress toward providing additional housing and complying with state law requirements to meet Regional Housing Needs Assessment allocations, while providing housing in close proximity to retail and transit;
4. Approval of the Proposed Project proposes redevelopment in a way that is consistent with the MoVal 2040 GP’s vision for a vibrant, mixed-use town center;
5. Approval of the Proposed Project would be consistent with SCAG’S Regional Goals in the RTP/SCS and with a land use development pattern that supports and complements the proposed transportation network; and
6. Approval of the Proposed Project will add to the economic development of the region by adding new employment opportunities and creating a regional commercial hub.
ALTERNATIVES
1. Conduct the public hearing and take action to adopt the Initial Study/Mitigated Negative Declaration and Mitigated Monitoring and Reporting Program and approve the Proposed Project consistent with the Planning Commission’s recommendations. Staff recommends this alternative.
2. Conduct a public hearing and deny the Proposed Project. Staff does not recommend this alternative.
FISCAL IMPACT
Not applicable
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NOTIFICATION
Consistent with the Moreno Valley Municipal Code provisions, public notice was sent to all property owners of record within 600 feet of the Project Site, posted on the Project Site, and published in the Press Enterprise Newspaper.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Julia Descoteaux Sean P. Kelleher
Senior Planner Acting Community Development Director
Concurred By:
Catherine Lin
Principal Planner
CITY COUNCIL GOALS
Positive Environment. Create a positive environment for the development of Moreno Valley's future.
Community Image, Neighborhood Pride and Cleanliness. Promote a sense of community pride and foster an excellent image about our City by developing and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Resolution No. 2023-XX FSEIR
2. Exhibit A to Resolution No. 2023-XX Final Subsequent EIR
3. Appendix 1 Draft Environmental Impact Report
4. DEIR Appendix A - Notice of Preparation
5. DEIR Appendix B - Air Quality Assessment
6. DEIR Appendix C - Health Risk Assessment
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7. DEIR Appendix D - Cultural Resource Review
8. DEIR Appendix E - Greenhouse Gas Assessment
9. DEIR Appendix F - Acoustical Assessment
10.DEIR Appendix G - Traffic Impact Analysis
11.DEIR Appendix H - Water Supply Assessment
12.DEIR Appendix I - Water Study
13.DEIR Appendix J - Sewer Study
14.DEIR Appendix K- Biological Assessment
15.DEIR Appendix L- Water Quality Management Plan
16.DEIR Appendix M - Drainage Report
17.Exhibit B to Resolution 2023-XX MMRP
18.Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1
19.Resolution No. 2023-XX TPM
20.Ordinance No. XXX Specific Plan Amendment SP200
21.Exhibit A to Ordinance No. XXX
22.Tentative Parcel Map No. 38420
23.Planning Commission Staff Report and Resolutions
24.Zoning Map
25.Public Comments
26.Applicant Letter
APPROVALS
Budget Officer Approval ✓ Approved . 5/08/23 8:59 PM
City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 5/09/23 9:21 AM
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1 Resolution No. 2023-XX
Date Adopted: _________________
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL
IMPACT REPORT (SCH 2022040136) (“FINAL SEIR”) PREPARED FOR THE MORENO VALLEY MALL REDEVELOPMENT PROJECT;
ADOPTING A MITIGATION MONITORING AND REPORTING
PROGRAM; ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS; AND MAKING CERTAIN FINDINGS AND
DETERMINATIONS IN SUPPORT OF THE FINAL SEIR, MITIGATION
MONITORING AND REPORTING PROGRAM AND STATEMENT OF
OVERRIDING CONSIDERATIONS (APNS: 291-110-032, 291-110-033, 291-110-034, 291-110-035)
WHEREAS, Moreno Valley Mall Holding, LLC, (“Applicant”) has requested approval of a Specific Plan Amendment (PEN21-0168) amending The Towngate Specific Plan (SP 200) specifically: 1) Creating two subareas within PA 2: PA 2A and PA 2B, and 2) establishing standards and guidelines for further development and redevelopment of PA 2A, while PA 2B will continue to reference existing PA-2 requirements; and a Tentative Parcel Map subdividing the Project Site, as defined herein, into 22 parcels(the “Proposed Project”)”; and
WHEREAS, the Proposed Project consists of the revitalization and redevelopment of a portion of the existing Moreno Valley Mall (MVM), located at 22500 Town Circle (the “Project Site”), as more fully described in the Subsequent Environmental Impact Report (SEIR), a copy of which is incorporated herein by this reference as though set forth in full; and
WHEREAS, implementation of the Proposed Project requires a Specific Plan Amendment (PEN21-0168) and Tentative Parcel Map (PEN22-0061), and subsequent ministerial permits and approvals that may be deemed necessary including, but not limited to, temporary street closure permits, grading permits, excavation permits, foundation permits, and building permits; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”) (Public Res. Code, § 21000 et seq.) and the State CEQA Guidelines (14 CCR § 15000 et seq.), the City of Moreno Valley (the “City”) is the Lead Agency for the Proposed Project; and WHEREAS, it was determined that on the basis of substantial evidence in light of the whole record before the City, the Proposed Project may have a significant impact on the environment, with such substantial evidence consisting of factual information and expert opinion but excluding speculation, unsubstantiated opinion or clearly inaccurate information; and
WHEREAS, the City issued a Notice of Preparation (“NOP”) of a Draft SEIR (SCH 2022040136) on April 27, 2022, and circulated the NOP for a period of 30 days, pursuant to sections 15082(a), 15103 and 15375 of the CEQA Guidelines, which included sending F.2.a
Packet Pg. 1329 Attachment: Resolution No. 2023-XX FSEIR [Revision 3] (6251 : Moreno Valley Mall Redevelopment) 2 Resolution No. 2023-XX
Date Adopted: _________________
the NOP to each Responsible Agency which included, but not limited to, the Santa Ana Regional Water Quality Control Board, the Riverside County Flood Control, Water Conservation District, and those public agencies having jurisdiction by law over natural resources affected by the Proposed Project that are held in trust for the people of the State of California which included, but not limited to, the Audubon Society, California Department of Fish and Wildlife, California Department of Transportation, and California Department of Water Resources; and
WHEREAS, the purpose of the NOP was to solicit the views of certain public agencies, including but not limited to, Responsible and Trustee Agencies regarding the scope and content of the environmental information that is germane to the statutory responsibilities of each Responsible and Trustee Agency and other public agencies in connection with the Proposed Project, pursuant to section 21080.4 of the Public Resources Code and sections 15082-15083 of the CEQA Guidelines: and WHEREAS, a copy of the NOP was mailed to the State Office of Planning and Research and posted in the Office of the County Clerk of the County of Riverside, California, where the Proposed Project will be located, pursuant to sections 21080.4 and 21092.3 of the Public Resources Code; and
WHEREAS, a public Scoping Meeting was held on May 18, 2022, pursuant to sections 15082(c) and 15083 of the CEQA Guidelines, to familiarize the public with the Proposed Project, the environmental review process and to receive input as to the scope of the Draft SEIR and issues of community concern; and
WHEREAS, the City provided formal written notification to the Native American Tribes that have requested notice of projects within the SEIR traditionally and culturally affiliated areas pursuant to section 21080.3.1(d) of the Public Resources Code, which included the Agua Caliente Band of Cahuilla Indians, Morongo Band of Mission Indians, San Manuel Band of Mission Indians, Desert Cahuilla Indians, Soboba Band of Luiseno Indians, Rincon Band of Luiseno Indians, and Pechanga Band of Mission Indians; and WHEREAS, both the Draft SEIR and Final SEIR contain a description of the physical environmental conditions at the Project Site and in the vicinity of the Project Site as they existed at the time the NOP was published, from both a local and a regional perspective, which served the purpose of describing the environmental setting that constitutes the "baseline" physical condition by which the City was able to determine whether any particular Proposed Project impact was significant, pursuant to section 15125(a) of the CEQA Guidelines; and
WHEREAS, both the Draft SEIR and Final SEIR contain the contents required under section 21100 of the Public Resources Code and sections 15120-15132 of the CEQA Guidelines, which include: (a) accurately describing the Proposed Project; (b) identifying and analyzing each significant environmental impact expected to result from the Proposed Project; (c) identifying mitigation measures to reduce those impacts to the extent feasible; (d) evaluating a range of reasonable alternatives to the Proposed Project; and (e) including a statement briefly indicating the reasons for determining that any effects F.2.a
Packet Pg. 1330 Attachment: Resolution No. 2023-XX FSEIR [Revision 3] (6251 : Moreno Valley Mall Redevelopment) 3 Resolution No. 2023-XX
Date Adopted: _________________
on the environment are not significant and, thus, have not been discussed in detail; and WHEREAS, pursuant to section 21100(b)(2) of the Public Resources Code, both the Draft SEIR and Final SEIR describe any significant effects on the environment that cannot be avoided if the Proposed Project was implemented and any significant effects on the environment that would be irreversible if the Proposed Project were implemented; and
WHEREAS, the City’s CEQA analysis was performed in a manner consistent with all applicable policies, regulations, or guidance, including without limitation potential impacts on “Tribal Cultural Resources” as set forth in section 21080.3.2 of the Public Resources Code, “Transportation” as set forth in sections 21099(b)(2) of the Public Resources Code and 15064.3 of the CEQA Guidelines, “Historical and Unique Archaeological Resources” as set forth in section 15064.5 of the CEQA Guidelines, and “GHG Emissions” as set forth in sections 15064.4, 15126.4(c),15183.5 and App G(VIII), and all other applicable policies, regulations, or guidance related to other agency approvals; and
WHEREAS, the City prepared the Draft SEIR and circulated the Draft SEIR to the public and affected public agencies for review and comment, and the Final SEIR, including the comments submitted and responses to those comments, was prepared and presented to the City to be certified regarding its completeness and adequacy; and WHEREAS, the City circulated the Draft SEIR for public review and comment for a 45-day period, commencing November 23, 2022, ending January 11, 2023; and WHEREAS, pursuant to section 21092(b)(1) of the Public Resources Code, the Notice of Completion prepared and distributed by the City included a description of how the Draft SEIR could be obtained in electronic format; and WHEREAS, the City responded in writing to each of the written comments received during the public review period for the Draft SEIR pursuant to sections 21091(d)(2) of the Public Resources Code and 15088 of the CEQA Guidelines; and WHEREAS, the responses to comments provided reasoned, good-faith analyses regarding all significant environmental issues raised in the DSEIR comments, as required by sections 21091(d)(2)(B) of the Public Resources Code and 15088 of the CEQA Guidelines, with a level of detail corresponding to the level of detail provided in each respective comment as described in section 15088(c) of the CEQA Guidelines; and WHEREAS, pursuant to section 21082.4 of the Public Resources Code, in describing and evaluating the Proposed Project in the SEIR, the Lead Agency may consider specific economic, legal, social, technological, or other benefits, including regionwide or statewide environmental benefits, of a proposed project and the negative impacts of denying the project, based on substantial evidence in light of the whole record; and
F.2.a
Packet Pg. 1331 Attachment: Resolution No. 2023-XX FSEIR [Revision 3] (6251 : Moreno Valley Mall Redevelopment) 4 Resolution No. 2023-XX
Date Adopted: _________________
WHEREAS, pursuant to section 15126.4 of the CEQA Guidelines, if mitigation measures are required or incorporated into a project as part of the CEQA process, the Lead Agency must adopt a Mitigation Monitoring and Reporting Program to ensure compliance with those mitigation measures, with the mitigation measures being enforceable through permit conditions, agreements, or other mechanisms; and WHEREAS, pursuant to sections 210081 of the Public Resources Code and sections 15043 and 15093 of the CEQA Guidelines, if a Lead Agency approves a project that will have a significant impact on the environment, despite feasible mitigation measures, the Lead Agency must make an express written statement that the project's overriding benefits warrant approval of the project, that must, per section 15093 of the CEQA Guidelines, specify the reasons for the approval based on substantial evidence in the record; and
WHEREAS, pursuant to sections 21002, 21002.1 and 21091 of the Public Resources Code and sections 15021 and 15091-15093 of the CEQA Guidelines, a Statement of Overriding Considerations may include specific overriding economic, legal, social, technological, or other benefits of the project; and WHEREAS, pursuant to sections 21092.1 of the Public Resources Code and 15088.5 of the CEQA Guidelines, if significant new information is added to an SEIR after notice of public review of the Draft SEIR, but before certification of the Final SEIR, the Lead Agency must issue a new Notice of Availability and recirculate the Draft SEIR for comments and consultation; and
WHEREAS, section 15088.5 of the CEQA Guidelines provides that new information is significant for purposes of recirculation if it shows: 1) a new, substantial environmental impact of the project or a mitigation measure; 2) a substantial increase in the severity of an unmitigated environmental impact; 3) a feasible mitigation measure or alternative considerably different from those discussed in the SEIR, and the project proponent declines to adopt the measure or alternative; or 4) that the Draft SEIR was "so fundamentally and basically inadequate and conclusory in nature" that public comment was essentially meaningless (collectively, “Significant New Information”); and WHEREAS, sections 21082.1 of the Public Resources Code and 15090 of the CEQA Guidelines provide the Lead Agency must find that the Final SEIR reflects the independent judgment of the Lead Agency; and
WHEREAS, pursuant to Section 15090(a) of the CEQA Guidelines, if the Lead Agency approves and certifies the Final SEIR, it must include a statement that it was completed in compliance with CEQA and the CEQA Guidelines and was reviewed and considered by the City Council before approval of the project; and WHEREAS, on April 27, 2023, a public hearing was conducted by the Planning Commission whereby the Planning Commission approved Planning Commission Resolution 2023-18 recommending that the City Council Certify the SEIR and adopt the Mitigation Monitoring and Reporting Program for the Proposed Project and Statement of F.2.a
Packet Pg. 1332 Attachment: Resolution No. 2023-XX FSEIR [Revision 3] (6251 : Moreno Valley Mall Redevelopment) 5 Resolution No. 2023-XX
Date Adopted: _________________
Overriding Considerations.
WHEREAS, on May 16, 2023, a public hearing was conducted by the City Council whereby the City Council approved City Council Resolution No. 2023-XX Certifying the SEIR and adopting the Mitigation Monitoring and Reporting Program for the Proposed Project and Statement of Overriding Considerations.
WHEREAS, at the conclusion of the public hearing, in the exercise of its own independent judgment, the City Council has determined that the Subsequent Environmental Impact Report and Mitigation Monitoring and Reporting Program includes feasible mitigation measures with a Statement of Overriding considerations that identifies that the benefits of the Proposed Project warrants approval, per section 15093 of the CEQA Guidelines.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY,
CALIFORNIA, HEREBY FINDS, DETERMINES, CONCLUDES AND RESOLVES 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 AND ADMINISTRATIVE RECORD
That the City Council has considered all of the evidence submitted into the Administrative Record related to the Proposed Project on file with the Community Development Department, including, but not limited to, the following:
(a) Moreno Valley General Plan, the Specific Plan 200, 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) Draft SEIR and all related notices, studies, reports, public comments and responses thereto;
(d) Mitigation Monitoring and Reporting Program (MMRP) and the findings and determinations contained therein;
(e) Statement of Overriding Considerations and the findings and determinations contained therein; and
(f) City Council Staff Report and all exhibits, attachments, documents, records and references related thereto and the findings and determinations contained therein;
(g) Presentation and comments submitted at the City Council Public Hearing by City staff and consultants;
(h) Testimony and/or comments submitted at the City Council Public Hearing by Staff and consultants;
(i) Planning Commission Staff Report and all exhibits, attachments, F.2.a
Packet Pg. 1333 Attachment: Resolution No. 2023-XX FSEIR [Revision 3] (6251 : Moreno Valley Mall Redevelopment) 6 Resolution No. 2023-XX
Date Adopted: _________________
documents, records and references related thereto and the findings and determinations contained therein;
(j) Testimony and/or comments submitted at the City Council Public Hearing by the Project Applicant and its representatives.
(k) Testimony and/or comments submitted at the City Council Public Hearing by all persons that was provided in written format or correspondence, at, or prior to, the Planning Commission Public Hearing.
(l) Presentation and comments submitted at the Planning Commission Public Hearing by City staff and consultants;
(m) Testimony and/or comments submitted at the Planning Commission Public Hearing by the Project Applicant and its representatives; and (n) Testimony and/or comments submitted at the Planning Commission Public Hearing by all persons that was provided in written format or correspondence, at, or prior to, the Planning Commission Public Hearing.
Section 3. NO SIGNIFICANT NEW INFORMATION
That pursuant to sections 21092.1 of the Public Resources Code and 15088.5 of the CEQA Guidelines, based on substantial evidence in the Recitals, Exhibits and Evidence contained in the Administrative Record, as set forth and described hereinabove, the City Council hereby finds and determines that no "Significant New Information" was added to the Draft SEIR after the expiration of the public comment period.
Section 4. CONTENTS OF DRAFT SEIR
That pursuant to section 15132 of the CEQA Guidelines, based on substantial evidence in the Recitals, Exhibits and Evidence contained in the Administrative Record, as set forth and described hereinabove, the City Council hereby finds and determines that the Draft SEIR contains any revisions made following its circulation for public review; the comments and recommendations received on the Draft SEIR; a list of persons, organizations, and public agencies commenting on the Draft SEIR, the City's responses to significant environmental points raised in the review and consultation process, and any other information added by the City.
Section 5. CEQA COMPLIANCE
That based on substantial evidence in the Recitals, Exhibits and Evidence contained in the Administrative Record, as set forth and described hereinabove, the City Council approves and certifies, pursuant to section 15090(a), that the Final SEIR was prepared and completed in compliance with CEQA and the CEQA Guidelines, it was presented to the City Council and was reviewed and considered by the City Council before Proposed Project approval.
Section 6. INDEPENDENT JUDGMENT AND ANALYSIS
That the City Council finds and determines, pursuant to sections 21082.1(c)(3) of the Public Resources Code and 15090(a)(3) of the CEQA Guidelines, that the Draft SEIR F.2.a
Packet Pg. 1334 Attachment: Resolution No. 2023-XX FSEIR [Revision 3] (6251 : Moreno Valley Mall Redevelopment) 7 Resolution No. 2023-XX
Date Adopted: _________________
reflects the independent judgment and analysis of City Council, based on substantial evidence in the Recitals, Exhibits and Evidence contained in the Administrative Record, as set forth and described hereinabove.
Section 7. APPROVAL OF MITIGATION MONITORING AND
REPORTING PROGRAM
That based on substantial evidence in the Recitals, Exhibits and Evidence contained in the Administrative Record, as set forth and described hereinabove, the Mitigation Monitoring and Reporting Program, attached hereto as Exhibit B, and the findings and supporting evidence set forth therein, the City Council approves the attached Mitigation Monitoring and Reporting Program, which is hereby incorporated herein by reference.
Section 8. APPROVAL OF STATEMENT OF OVERRIDING
CONSIDERATIONS
That based on substantial evidence in the Recitals, Exhibits and Evidence contained in the Administrative Record, as set forth and described hereinabove, the City Council hereby finds and determines that since approval of the Proposed Project will result in specific economic, legal, social, technological, and other benefits, including regionwide environmental benefits as set forth in the Statement of Overriding Considerations attached hereto as Exhibit C, the City Council approves the attached Statement of Overriding Considerations, which is hereby incorporated herein by reference.
Section 9. CERTIFICATION OF FINAL SUBSEQUENT
ENVIRONMENTAL IMPACT REPORT
That based on substantial evidence in the Recitals, Exhibits and Evidence contained in the Administrative Record, as set forth and described hereinabove, the Final SEIR as referenced in Exhibit A and the findings and supporting evidence as set forth therein, the City Council hereby, pursuant to Section 15090(a), approves and certifies the Final SEIR as having been completed in compliance with CEQA and the CEQA Guidelines and reviewed and considered by the City Council before approval of the Proposed Project.
Section 10. NOTICE OF DETERMINATION
That the City Council directs staff to file a Notice of Determination as required by CEQA.
Section 11. SEVERABILITY
That if any provision, section, paragraph, sentence or word of 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 as hereby adopted shall remain in full force and effect.
F.2.a
Packet Pg. 1335 Attachment: Resolution No. 2023-XX FSEIR [Revision 3] (6251 : Moreno Valley Mall Redevelopment) 8 Resolution No. 2023-XX
Date Adopted: _________________
Section 12. REPEAL OF CONFLICTING PROVISIONS
That all provisions of any other resolution in effect prior to the effective date of this Resolution as adopted by the City Council that are in conflict with the provisions of this Resolution, are hereby repealed.
Section 13. EFFECTIVE DATE
That this Resolution shall take effect immediately upon its adoption.
Section 14. CERTIFICATION
That the Secretary to the City Council shall certify to the passage of this Resolution.
PASSED AND ADOPTED THIS 16th day of May 2023
CITY OF MORENO VALLEY
CITY COUNCIL
________________________________
Ulises Cabrera,
Mayor of the City of Moreno Valley
ATTEST:
________________________________
Jan Halstead, City Clerk
APPROVED AS TO FORM:
________________________________
Steven B. Quintanilla,
Interim City Attorney
Exhibits:
Exhibit A – Final Subsequent Environmental Impact Report Exhibit B - Mitigation Monitoring And Reporting Program Exhibit C - Statement Of Overriding Considerations
F.2.a
Packet Pg. 1336 Attachment: Resolution No. 2023-XX FSEIR [Revision 3] (6251 : Moreno Valley Mall Redevelopment) Exhibit B
MITIGATION MONITORING AND REPORTING PROGRAM
F.2.q
Packet Pg. 1337 Attachment: Exhibit B to Resolution 2023-XX MMRP (6251 : Moreno Valley Mall Redevelopment) Moreno Valley Mall Redevelopment Project - Mitigation Monitoring Reporting Program
Moreno Valley Mall Redevelopment Project, Moreno Valley, CA
MITIGATION MONITORING REPORTING PROGRAM (MMRP)
Date of
Compliance Sign Off Mitigation Measure Responsible Agency or Party Action Required Monitoring Agency or Party Timing I. AESTHETICS
AES-1
Prior to the start of construction, the Project Applicant shall prepare a Construction Lighting and Screening Plan. The Construction Lighting and Screening Plan should indicate aesthetic and lighting treatments for all construction work areas (i.e., maximum brightness values not to be exceeded by artificial bulbs, screening around Project site to limit light and glare, use of nonreflective glass, etc.). The Plan shall identify methods used to ensure construction lighting is directional (aimed toward work areas, and not toward nearby sensitive receptors), and limited to sufficient wattage for safety and security. Construction areas visible to sensitive receptors shall be screened via curtains from public view. Construction screening materials shall be of sufficient height and appropriate color to minimize viewshed impacts, as determined appropriate by the applicable jurisdiction(s).
Project
Applicant
Preparation of a
Construction
Lighting and
Screening Plan
City of Moreno
Valley
Community
Development
Department
Prior to the
start of
construction
II. AIR QUALITY
SP-200 MM AQ-2
The Project will be integrated into the City-wide transit district plans and will provide bus stops, turn-outs, etc., as needed.
City of Moreno
Valley and
Riverside Transit
Agency
Integration into the
City-wide transit
district plans
City of Moreno
Valley Community
Development
Department and
Riverside Transit
Agency
Prior to the
start of
construction
AQ-1
Prior to issuance of grading permits, the applicant shall prepare and submit documentation to the City of Moreno Valley that demonstrate the following:
a. All off-road diesel-powered construction equipment greater than 50 horsepower meets California Air Resources Board Tier 4 Final off-road emissions standards or incorporate CARB Level 3 Verified Diesel Emission Control Strategy (VDECS). Requirements for Tier 4 Final equipment shall be included in applicable bid documents and successful contractor(s) must demonstrate the ability to supply such equipment. A copy of each unit’s Best Available Control Technology (BACT) documentation (certified tier specification or model year specification), and CARB or SCAQMD operating permit (if applicable) shall be provided to the City at the time of mobilization of each applicable unit of equipment.
b. All on-road heavy-duty haul trucks shall be model year 2010 or newer if diesel fueled.
Project
Applicant
Preparation of
documentation
demonstrating
Project compliance
with the mitigation
measure
City of Moreno
Valley
Community
Development
Department
Prior to issuance
of grading
permits
F.2.q
Packet Pg. 1338 Attachment: Exhibit B to Resolution 2023-XX MMRP (6251 : Moreno Valley Mall Redevelopment) Moreno Valley Mall Redevelopment Project - Mitigation Monitoring Reporting Program
Date of
Compliance Sign Off Mitigation Measure Responsible Agency or Party Action Required Monitoring Agency or Party Timing c. Construction equipment shall be properly maintained according to manufacturer specifications. All equipment maintenance records and data sheets, including design specifications and emission control tier classifications shall be kept onsite and furnished to the lead agency or other regulators upon request.
d. All construction equipment and delivery vehicles shall be turned off when not in use, or limit on-site idling for no more than 5 minutes in any 1 hour. e. On-site electrical hookups to a power grid shall be provided for electric construction tools including saws, drills, and compressors, where feasible, to reduce the need for diesel powered electric generators. Construction contracts shall require all off-road equipment with a power rating below 19 kilowatts (25 horsepower) (e.g., plate compactors, pressure washers, etc.) used during project construction to be battery powered. f. Prepare a construction traffic control plan detailing the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations, and designing the plan to minimize impacts to roads frequented by passenger cars, pedestrians, bicyclists, and other non-truck traffic.
g. Provide information on transit and ridesharing programs and services to construction employees.
AQ-2
Low VOC Paint. The Project Applicant shall require by contract specifications commercial development to use interior and exterior architectural coatings (paint and primer including parking lot paint) products that have a volatile organic compound rating of 50 grams per liter or less. Contract specifications shall be reviewed and approved by the City of Moreno Valley prior to the issuance of occupancy permits. This measure shall be made a condition of approval for continued upkeep of the property.
Project
Applicant
Utilization of low
VOC paint for both
interior and
exterior coatings
and parking lots.
Reviewed by the
City
City of Moreno
Valley
Community
Development
Department
Prior to issuance
of occupancy
permits
AQ-3
Vehicle Trip Reduction. Develop a qualifying Commute Trip Reduction (CTR)/ Transportation Demand Management (TDM) plan to reduce mobile GHG emissions for all uses. The TDM plan shall be approved by the City of Moreno Valley prior to the issuance of building permits and incorporated into the Project’s Codes Covenants and Restrictions (CC&Rs). The TDM plan shall discourage single-occupancy vehicle trips and encourage alternative modes of transportation such as carpooling, taking transit, walking, and biking. The following measures shall be incorporated into the TDM plan.
Project
Applicant
Develop a TDM
plan meeting the
requirements listed
in the mitigation
measure
City of Moreno
Valley
Community
Development
Department
Prior to the
issuance of
building permits
F.2.q
Packet Pg. 1339 Attachment: Exhibit B to Resolution 2023-XX MMRP (6251 : Moreno Valley Mall Redevelopment) Moreno Valley Mall Redevelopment Project - Mitigation Monitoring Reporting Program
Date of
Compliance Sign Off Mitigation Measure Responsible Agency or Party Action Required Monitoring Agency or Party Timing TDM Requirements for Non-Residential Uses:
a. The Project Applicant shall consult with the local transit service provider on the need to provide infrastructure to connect the Project with transit services. Evidence of compliance with this requirement may include correspondence from the local transit provider(s) regarding the potential need for installing bus turnouts, shelters, or bus stops at the site. b. The portion of the TDM plan for non-residential uses shall include, but not be limited to the following potential measures: ride-matching assistance, preferential carpool parking, flexible work schedules for carpools, half-time transportation coordinators, providing a website or message board for coordinating rides, designating adequate passenger loading and unloading and waiting areas for ride-sharing vehicles, and including bicycle end of trip facilities. This list may be updated as new methods become available.
Verification of this measure shall occur prior to building permit issuance for the commercial uses.
TDM Requirements for Residential Units:
a. Rental Units. Upon a residential dwelling being rented or offered for rent, the Project Applicant shall notify and offer to the tenant or prospective tenant, materials describing public transit, ridesharing, and nonmotorized commuting opportunities in the vicinity of the development. The materials shall be approved by the City of Moreno Valley. The materials shall be provided no later than the time the rental agreement is executed. This information shall be submitted to the City of Moreno Valley Planning Division for review and approval, prior to the issuance of the first certificate of occupancy.
AQ-4
Prohibition of Fireplaces. The installation of wood-burning and natural gas devices shall be prohibited. The purpose of this measure is to limit emissions of ROG, NOX, particulate matter and visible emissions from wood-burning and natural gas devices used for primary heat, supplemental heat, or ambiance. This prohibition shall be noted on the deed and/or lease agreements for future property owners/tenants to obey.
Project
Applicant
Limit visible
emissions from
wood-burning and
natural gas devices
through prohibition
of fireplaces
City of Moreno
Valley Public
Works
Department
Throughout
construction
process
AQ-5
Electric Landscape Equipment. Prior to the issuance of occupancy permits, the Planning Division shall confirm that the Project’s Codes Covenants and Restrictions (CC&Rs) and/or tenant lease agreements include contractual language that all landscaping equipment used onsite shall be 100 percent electrically powered. All residential and non-residential properties shall be Project
Applicant
All landscaping
equipment used
onsite shall be 100
percent electrically
powered is included
City of Moreno
Valley Community
Development
Department
Prior to issuance
of occupancy
permits
F.2.q
Packet Pg. 1340 Attachment: Exhibit B to Resolution 2023-XX MMRP (6251 : Moreno Valley Mall Redevelopment) Moreno Valley Mall Redevelopment Project - Mitigation Monitoring Reporting Program
Date of
Compliance Sign Off Mitigation Measure Responsible Agency or Party Action Required Monitoring Agency or Party Timing equipped with exterior electrical outlets to accommodate this requirement. This requirement shall be included in the third-party vendor agreements for landscape services for the building owner and tenants, as applicable. in contractual
language
AQ-6
Low VOC Cleaning Supplies. Prior to the issuance of occupancy permits, the Planning Division shall confirm that the Project’s Codes CC&Rs and/or tenant lease agreements include contractual language that all cleaning products used in public spaces will be EPA Safer Choice certified.1 This requirement shall be included in the third-party vendor agreements for the building owner and tenants, as applicable.
Project
Applicant
Use of EPA Safer
Choice certified
cleaners in public
spaces included in
contractual
language
City of Moreno
Valley
Community
Development
Department
Prior to issuance
of occupancy
permits
III. CULTURAL RESOURCES
CUL-1
Archaeological Monitoring. Prior to the issuance of a grading permit, the Developer shall retain a professional archaeologist to conduct monitoring of all ground disturbing activities. The Project Archaeologist shall have the authority to temporarily redirect earthmoving activities in the event that suspected archaeological resources are unearthed during Project construction. The Project Archaeologist, in consultation with the consulting tribe(s), the contractor, and the City, shall develop a CRMP as defined in MM CUL-3. The Project archeologist shall attend the pre-grading meeting with the City, the construction manager and any contractors and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance. The archaeological monitor shall have the authority to temporarily halt and redirect earth moving activities in the affected area in the event that suspected archaeological resources are unearthed.
Developer Conduct
monitoring of all
ground disturbing
activities, develop a
CRMP, and conduct
a Cultural
Resources Worker
Sensitivity Training.
Professional
archaeologist,
consulting tribes,
contractor, and
City of Moreno
Valley.
Prior to the
issuance of a
grading permit
CUL-2
Native American Monitoring. Prior to the of a grading permit, the Developer shall secure agreements with the consulting Tribe(s) that request tribal monitoring for tribal monitoring. The City is also required to provide a minimum of 30 day’s advance notice to the tribes of all ground disturbing activities. The Native American Tribal Representatives shall have the authority to temporarily halt and redirect earth moving activities in the affected area in the event that suspected archaeological resources are unearthed. The Native American Monitor(s) shall attend the pre-grading meeting with the Project Archaeologist, City, the construction manager and any contractors and will conduct the Tribal Perspective of the mandatory Cultural Resources Worker Sensitivity Training to those in attendance.
Developer
City of Moreno
Valley
Native American
Monitor(s)
Secure agreements
with consulting
Tribe(s).
Provide 30 days’
notice to tribes
Attend pre-grading
meeting and
conduct Tribal
Perspective of the
Cultural Resources
Worker Sensitivity
Training
The City of
Moreno Valley
Community
Development
Department
Prior to the
issuance of a
grading permit
1 EPA manages the Safer Choice Program which certifies products that contain safer ingredients for human health and the environment. https://www.epa.gov/saferchoice/products F.2.q
Packet Pg. 1341 Attachment: Exhibit B to Resolution 2023-XX MMRP (6251 : Moreno Valley Mall Redevelopment) Moreno Valley Mall Redevelopment Project - Mitigation Monitoring Reporting Program
Date of
Compliance Sign Off Mitigation Measure Responsible Agency or Party Action Required Monitoring Agency or Party Timing CUL-3
Cultural Resource Monitoring Plan (CRMP). The Project Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a CRMP in consultation pursuant to the definition of AB 52 to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the project site. A consulting Tribe is defined as a Tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB 52 consultation process, and has completed AB 52 consultation with the City as provided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB 52.
Details in the Plan shall include:
a. Project description and location
b. Project grading and development scheduling
c. Roles and responsibilities of individuals on the Project d. The pre-grading meeting and Cultural Resources worker Sensitivity Training details.
e. The protocols and stipulations that the contractor, City, Consulting Tribe (s) and Project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation. f. The type of recordation needed for inadvertent finds and the stipulations of recordation of sacred items.
g. Contact information of relevant individuals for the Project Project
Archaeologist
Develop a CRMP
pursuant to AB 52
The City of
Moreno Valley
Community
Development
Department
Prior to any
ground
disturbing
activities
CUL-4
Cultural Resource Disposition. In the event that Native American cultural resources are discovered during the course of ground disturbing activities (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries:
a. One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Moreno Valley Planning Department:
i. Preservation-In-Place of the cultural resources, if feasible.
Preservation in place means avoiding the resources, leaving them in the place they were found with no development affecting the integrity of the resources.
Project
Applicant
Follow guided list
in mitigation
measures if Native
American cultural
resources are
discovered
City of Moreno
Valley
Community
Development
Department
During ground
disturbing
activities
F.2.q
Packet Pg. 1342 Attachment: Exhibit B to Resolution 2023-XX MMRP (6251 : Moreno Valley Mall Redevelopment) Moreno Valley Mall Redevelopment Project - Mitigation Monitoring Reporting Program
Date of
Compliance Sign Off Mitigation Measure Responsible Agency or Party Action Required Monitoring Agency or Party Timing ii. Onsite reburial of the discovered items as detailed in the treatment plan required pursuant to Mitigation Measure CR-1. This shall include measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur until all legally required cataloging and basic recordation have been completed. No recordation of sacred items is permitted without the written consent of all Consulting Native American Tribal Governments as defined in CR3. The location for the future reburial area shall be identified on a confidential exhibit on file with the City, and concurred to by the Consulting Native American Tribal Governments prior to certification of the environmental document.
CUL-5
The City shall verify that the following note is included on the Grading Plan:
“If any suspected archaeological resources are discovered during grounddisturbing activities and the Project Archaeologist or Native American Tribal Representatives are not present, the construction supervisor is obligated to halt work in a 100-foot radius around the find and call the Project Archaeologist and the Tribal Representatives to the site to assess the significance of the find.” City of Moreno
Valley
Ensure the note
provided in the
mitigation measure
is included on the
Grading Plan
City of Moreno
Valley
Community
Development
Department
Prior to the
issuance of a
grading permit
CUL-6
Inadvertent Finds. If potential historic or cultural resources are uncovered during excavation or construction activities at the project site that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to Project approval, all ground disturbing activities in the affected area within 100 feet of the uncovered resources must cease immediately and a qualified person meeting the Secretary of Interior’s standards (36 CFR 61), Tribal Representatives, and all site monitors per the Mitigation Measures, shall be consulted by the City to evaluate the find, and as appropriate recommend alternative measures to avoid, minimize or mitigate negative effects on the historic, or prehistoric resource. Further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional archeologist and Tribal Monitors, if needed. Determinations and recommendations by the consultant shall be immediately submitted to the Planning Division for consideration and implemented as deemed appropriate by the Community Development Director, in consultation with the State Historic Preservation Officer (SHPO) and any and all Consulting Native American Tribes as defined in CR-2 before any further work commences in the affected area. If the find is determined to be significant and avoidance of the site has not been achieved, a Phase III data recovery plan shall be prepared by the Project Archeologist, in Project
Applicant
Consult qualified
person, tribal
representatives,
and all site
monitors per the
mitigation
measures if cultural
resources are
uncovered that
were not assessed.
Qualified person
meeting the
Secretary of
Interior’s
standards
During
excavation or
construction
activities
F.2.q
Packet Pg. 1343 Attachment: Exhibit B to Resolution 2023-XX MMRP (6251 : Moreno Valley Mall Redevelopment) Moreno Valley Mall Redevelopment Project - Mitigation Monitoring Reporting Program
Date of
Compliance Sign Off Mitigation Measure Responsible Agency or Party Action Required Monitoring Agency or Party Timing consultation with the Tribe, and shall be submitted to the City for their review and approval prior to implementation of the said plan.
CUL-7
Human Remains. If human remains are discovered, no further disturbances shall occur in the affected area until the County Coroner has made necessary findings as to origin. If the County Coroner determines that the remains are potentially Native American, the California Native American Heritage Commission shall be notified within 24 hours of the published finding to be given a reasonable opportunity to identify the “most likely descendant.” The “most likely descendant” shall then make recommendations, and engage in consultations concerning the treatment of the remains (California Public Resources Code 5097.98). (GP Objective 23.3, CEQA).
Project
Applicant
Contact County
Coroner if human
remains are
discovered and
contact California
Native American
Heritage
Commission
County Coroner,
California Native
American
Heritage
Commission
During ground
disturbing
activities
CUL-8
Non-Disclosure of Reburial Locations. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act.
The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r).
County Coroner
City of Moreno
Valley
Non-Disclosure of
Reburial Locations
County Coroner
City of Moreno
Valley
During ground
disturbing
activities
CUL-9
Archeology Report – Phase III and IV. Prior to final inspection, the developer/permit holder shall prompt the Project Archeologist to submit two (2) copies of the Phase III Data Recovery report (if required for the Project) and the Phase IV Cultural Resources Monitoring Report that complies with the Community Development Department's requirements for such reports. The Phase IV report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre-grade meeting.
The Community Development Department shall review the reports to determine adequate mitigation compliance. Provided the reports are adequate, the Community Development Department shall clear this condition. Once the report(s) are determined to be adequate, two (2) copies shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and one (1) copy shall be submitted to the Consulting Tribe(s) Cultural Resources Department(s).
Developer
Project
Archaeologist
Phase III Data
Recovery report (if
required for the
Project) and the
Phase IV Cultural
Resources
Monitoring Report
preparation
City of Moreno
Valley
Community
Development
Department
Prior to final
inspection
IV. GREENHOUSE GAS EMISSIONS
GHG-1
Prior to the issuance of a building permit, the Project Applicant shall provide documentation to the City of Moreno Valley demonstrating that the new development portions of the Project, excluding existing retail spaces, (upon buildout) will meet or exceed 2019 CALGreen Tier 2 standards in order to exceed 2019 Title 24 energy efficiency standards by a minimum of 20 percent. In Project
Applicant
Provide
documentation
demonstrating
Project compliance
to the mitigation
measure
City of Moreno
Valley
Community
Development
Department
Prior to the
issuance of
building permits
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Packet Pg. 1344 Attachment: Exhibit B to Resolution 2023-XX MMRP (6251 : Moreno Valley Mall Redevelopment) Moreno Valley Mall Redevelopment Project - Mitigation Monitoring Reporting Program
Date of
Compliance Sign Off Mitigation Measure Responsible Agency or Party Action Required Monitoring Agency or Party Timing addition, the Project shall demonstrate additional measures to reduce overall on-site energy consumption by 20 percent, such as: 1) install solar photovoltaic (PV) panels or other source of renewable energy generation on-site; or 2) otherwise acquire energy from the local utility that has been generated by renewable sources (for example, Southern California Edison Green Rate).
GHG-2
For residential projects, all major appliances (e.g., dishwashers, refrigerators, clothes washers and dryers, and water heaters) provided/installed shall be Energy Star certified or of equivalent energy efficiency where applicable. These appliances must be included on the building plans and specifications and verified by the City’s Building and Safety Division during plan check and prior to the issuance of the Certificate of Occupancy.
Project
Applicant
Ensuring all
appliances are
Energy Star
certified
City of Moreno
Valley Building
and Safety
Division
Prior to the
issuance of the
Certificate of
Occupancy
GHG-3
The development shall divert a minimum of 75 percent of landfill waste. Prior to issuance of certificate of occupancy, a recyclables collection and load area shall be constructed in compliance with City standards for recyclable collection and loading areas.
Project
Applicant
Construct a
recyclables
collection and load
area and divert
landfill waste
City of Moreno
Valley Public
Works
Department
Prior to issuance
of certificate of
occupancy
VII. TRANSPORTATION
SP-200 TRA-1
Construct all streets internal to the project to full ultimate cross-sections as Project development occurs and according to all applicable state and City of Moreno Valley Standards. Construction of new driveways shall be reviewed and approved by the City of Moreno Valley’s Public Works prior to construction.
Project
Applicant
Construct all
streets internal to
the project
according to City
standards
City of Moreno
Valley Public
Works
Department
Prior to
construction
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Packet Pg. 1345 Attachment: Exhibit B to Resolution 2023-XX MMRP (6251 : Moreno Valley Mall Redevelopment) Exhibit C
STATEMENT OF OVERRIDING CONSIDERATIONS
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Packet Pg. 1346 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment)
MORENO VALLEY MALL
REDEVELOPMENT PROJECT
Findings
SCH No. 2022040136
Lead Agency
City of Moreno Valley
14177 Frederick Street
PO Box 88005
Moreno Valley, CA 92552
Prepared By
Kimley-Horn and Associates, Inc.
Kevin Thomas, Project Manager
3801 University Avenue, Suite 300
Riverside, CA 92501
April 2023
Kimley>>> Horn
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Packet Pg. 1347 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact Introduction
City of Moreno Valley 1 April 2023
Section 1: Introduction
This statement of Findings of Fact (Findings) addresses the environmental effects associated with the proposed Moreno Valley Mall Redevelopment Project (Project), as described in the Final Subsequent Environmental Impact Report (Final SEIR). These Findings are made pursuant to the California Environmental Quality Act (CEQA) (California Public Resources Code [PRC] §21000 et seq.), specifically PRC §§21081, 21081.5, and 21081.6, and the CEQA Guidelines (14 California Code of Regulations [CCR] 15000 et seq.), specifically §§15091 and 15093. The Final SEIR examines the full range of potential effects of construction and operation of the Project and identifies mitigation measures that will be employed to reduce, minimize, or avoid those potential effects.
In accordance with, and in furtherance of the mandates contained in California Public Resources Code Section 21002 and related case law, the Project design reflects the identification and implementation of feasible mitigation measures to lessen identified environmental impacts, and the Final SEIR presented includes information on the environmental effects of the Project, including effects that are mitigated and those that, despite the inclusion of feasible mitigation measures, remain significant and unavoidable.
1.1 Purpose
PRC §21081, and CEQA Guidelines §15091 require that the lead agency, in this case the City of Moreno Valley (City), prepare written findings for identified significant effects, accompanied by a brief explanation of the rationale for each finding. PRC §21081(a) affirmatively requires a lead agency make one or more of three possible findings in reference to each significant impact. In addition, PRC §21081(b) requires an additional finding for impacts that include specific economic, legal, social, technological, and other considerations wherein the lead agency affirms that the project benefits outweigh the environmental impacts.
CEQA Guidelines §15091 states, in part, that:
a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:
1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. 2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.
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Packet Pg. 1348 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact Introduction
City of Moreno Valley 2 April 2023
In accordance with PRC §21081, and CEQA Guidelines §15093 (Statement of Overriding Conditions[SOC]), whenever significant effects cannot be mitigated to below a level of significance, the decision‐making agency is required to balance, as applicable, the benefits of the project against its unavoidable environmental risks when determining whether to approve the project. If the benefits of a project outweigh the unavoidable adverse environmental effects, the adverse effects may be considered “acceptable.” In that case, the decision-making agency may prepare and adopt an SOC, pursuant to the CEQA Guidelines.
Section 15093 of the CEQA Guidelines provides:
a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the Final SEIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record.
c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091.
The Final SEIR identified potentially significant effects that could result from the Project. The City finds that the inclusion of feasible mitigation measures as part of the approval of the Project will reduce all of those effects to less-than‐significant levels.
As required by CEQA, the City, in adopting these Findings, also adopts a Mitigation Monitoring and Reporting Program (MMRP) for the Project. The City finds that the MMRP, which is attached hereto as Exhibit A, Mitigation Monitoring Reporting Program and made a part of these Findings, meets the requirements of PRC §21081.6, by providing for the implementation and monitoring of measures intended to mitigate potentially significant effects of the Project.
In accordance with the CEQA Statutes and Guidelines, the City adopts these Findings for the Project.
Pursuant to PRC §21082.1(c)(3), the City also finds that these Findings reflect the City’s independent judgment as the lead agency for the Project (see Findings Section 1.4, CEQA Findings of Independent Judgment, Review and Analysis).
1.2 Records of Proceedings
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Packet Pg. 1349 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact Introduction
City of Moreno Valley 3 April 2023
For the purposes of CEQA and these Findings, the record of proceedings for the Project includes all data and materials outlined in PRC §21167.6(e), along with other Project-relevant information contained within the City’s files. Specifically, the record of proceedings for the City’s decision on the Project includes the following documents, all of which are incorporated by reference and are relied on in supporting these Findings:
• The Notice of Preparation (NOP), Recirculated NOP, Notice of Availability (NOA), and all other public notices issued by the City in conjunction with the Project • All written comments submitted by agencies, organizations, or members of the public during the public review comment period on the NOP
• The Draft SEIR for the Project and all technical appendices, technical memoranda and documents relied upon or incorporated by reference
• All written comments submitted by agencies, organizations, or members of the public during the public review comment period on the Draft SEIR and the City’s responses to those comments, including related referenced technical materials and Draft SEIR errata • The Final SEIR for the Project
• The MMRP for the Project
• All reports, studies, memoranda, maps, staff reports, or other planning documents relating to the Project prepared by the City or consultants to the City with respect to the City’s compliance with the requirements of CEQA and with respect to the City’s action on the Project • All documents submitted to the City by other public agencies or members of the public in connection with the Draft SEIR
• Any minutes and/or verbatim transcripts of all information sessions, public meetings, and public hearings held by the City in connection with the Project • Any documentary or other evidence submitted to the City at such information sessions, public meetings, and public hearings
• All resolutions adopted by the City regarding the Project, and all staff reports, analyses, and summaries related to the adoption of those resolutions
• Matters of common knowledge to the City, including, but not limited to federal, state, and local laws and regulations
• Any documents expressly cited in these Findings, in addition to those cited above, and any other materials required for the record of proceedings by PRC §21167.6(e) • All documents incorporated by reference in the Draft SEIR, including without limitation, the documents listed in Section 2.7 of the Draft SEIR
1.3 Custodian and Location of Records
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Packet Pg. 1350 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact Introduction
City of Moreno Valley 4 April 2023
The documents and other materials that, as a whole, make up the Record of Proceedings for the City’s actions related to the Project are located at the City of Moreno Valley, Planning Department, 14177 Frederick Street, Moreno Valley, California 92553. The City, as the lead agency for the Project, is the custodian of the Record of Proceedings for the Project.
1.4 CEQA Findings of Independent Judgment, Review and Analysis Under CEQA, the lead agency must (1) independently review and analyze the EIR; (2) circulate draft documents that reflect its independent judgment; (3) as part of the certification of an EIR, find that the report or declaration reflects the independent judgment of the lead agency; and (4) submit copies of the documents to the State Clearinghouse if there is state agency involvement or if the project is of statewide, regional, or area-wide significance (PRC §21082.1[c]).
The Findings contained in this document reflect the City’s conclusions, as required pursuant to CEQA, for the Project. The Final SEIR was presented to the City’s decision-making bodies, which reviewed and consider the information in the Final SEIR before approving the Project. The City’s decision-making bodies have independently reviewed and analyzed the EIR. The City’s decision-making bodies have exercised independent judgment, in accordance with PRC §21082.1(c)(3), in the preparation and adoption of the EIR. The review, analysis and revision material prepared by the Project Applicant and its consultants, and the review, analysis, and revision of the EIR is based on comments received during the public comment process.
Having received, reviewed, and considered the information in the Final SEIR, as well as any and all other information in the record, the City hereby makes these Findings pursuant to and in accordance with PRC §§21081, 21081.5, and 21081.6.
1.5 Preparation of the EIR.
The City prepared an Initial Study to determine whether an environmental impact report ("EIR") or a negative declaration should be prepared for the Project. The Initial Study indicated that the Project could have significant adverse environmental impacts, and the City accordingly determined that an environmental impact report was necessary. A Notice of Preparation of a draft environmental impact report was prepared and circulated to various state agencies and to any person who had filed a written request for notices with the City.
The draft supplemental environmental impact report ("Draft SEIR") was prepared by the City pursuant to the Initial Study and Notice of Preparation. The Draft SEIR was published for public review and comment on November 27, 2022, and was filed with the State Office of Planning & Research under State Clearinghouse No. 2022040136. The Draft EIR was available for review and comment by concerned citizens and public agencies for a period of 45 days; the review and comment period expired on January 11, 2023.
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Packet Pg. 1351 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact Introduction
City of Moreno Valley 5 April 2023
The City prepared written responses to comments received during the comment period. The comments and responses were published and made available to responding agencies on April 14, 2022, in a document entitled Responses to Comments which together with the Draft SEIR, constitute the Final Supplemental Environmental Impact Report (the "Final SEIR"). The Final SEIR was submitted to the City Council with a recommendation by staff that it be certified.
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Packet Pg. 1352 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact CEQA Findings: General
City of Moreno Valley 6 April 2023
Section 2: General CEQA Findings
Pursuant to PRC §21081 and CEQA Guidelines §15091, no public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes one or more of the following findings with respect to each significant impact:
1. Changes or alterations have been required in, or incorporated into, the project which mitigates or avoid the significant effects on the environment.
2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency.
3. Specific economic, legal, social, technological, or other consideration, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. (The concept of infeasibility also encompasses whether a particular alternative or mitigation measure promotes the Project’s underlying goals and objectives, and whether an alternative or mitigation measure is impractical or undesirable from a policy standpoint. See, California Native Plant Society v. City of Santa Cruz (2009) 177 Cal.App.4th 957; City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410).
The City has made one or more of the required written findings for each significant impact associated with the Project. Those written findings, along with a presentation of facts in support of each of the written findings, are presented below. The City certifies these findings are based on full appraisal of all viewpoints, including all comments received up to the date of adoption of these findings, concerning the environmental issues identified and discussed.
The mitigation measures adopted as part of the Project are feasible and mitigate the environmental impacts to the maximum extent feasible and possible as discussed in the findings made below. The Final SEIR includes minor clarifications to the Draft SEIR. These changes made to the Draft SEIR are shown in the Final SEIR in response to individual comments and are shown in strikethrough and underline text.
Changes to mitigation measure, as shown in the Final SEIR Errata and MMRP, are also shown below in strikethrough and underline text.
Thus, it is the finding of the City that such clarifying changes as described in the Final SEIR, do not present any new, significant information requiring recirculation or additional environmental review under PRC §21092.1 and CEQA Guidelines §15088.5.
A Mitigation Monitoring and Reporting Program (“MMRP”) for the Project has been adopted pursuant to the requirements of PRC §21081.6 to ensure implementation of the adopted mitigation measures to reduce significant effects on the environment and is included in the Final SEIR document. The MMRP is attached to these Findings as Exhibit A. The City is the custodian of the documents and other material F.2.r
Packet Pg. 1353 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact CEQA Findings: General
City of Moreno Valley 7 April 2023
that constitute the record of the proceedings upon which certification of the Final SEIR for the Project is based, as described above in Section 1.3, Custodian and Location of Records.
It is the finding of the City of Moreno Valley’s City Council that the Final SEIR, as presented for review and approval, fulfills environmental review requirements for the Project, and that the document constitutes a complete, accurate, adequate, and good faith effort at full disclosure under CEQA, and reflects the independent judgment of the City.
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Packet Pg. 1354 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) Moreno Valley Mall Redevelopment Project
Findings of Fact Environmental Impacts Found to Have No Impact Section 3: Environmental Impacts Found to Have No Impact For the following significance thresholds, the City finds that, based upon substantial evidence in the record, the proposed Project would have no impact; therefore, no mitigation is required, and no significant, unavoidable adverse impacts would occur.
Aesthetics
Impact 4.1-2: Would the Project substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? Basis for Conclusion: Currently, the site is fully developed and does not contain any structures which have a formal historic designation. Trees that exist on the Project site are present as a result of landscaping of the existing development. These trees are ornamental in nature and any loss of ornamental trees through redevelopment of the Project site would be offset by landscaping currently envisioned in the SPA and consistent with the Moreno Valley Municipal Code (MC) requirements for tree replacement. Additionally, the Project site does not contain any rock outcroppings.
There are no state scenic highways that traverse the Project site or are located in its vicinity. The nearest state-eligible highways are SR-38 (from I-10 in Redlands to SR-18 near Fawnskin), approximately 9.8 miles to the northeast in Redlands and SR-74 (from I-5 in San Juan Capistrano to SR-111 in Palm Desert) approximately 11 miles to the south in Perris. The nearest officially designated highway is SR-243 (from SR-74 to the Banning City limit) approximately 23 miles to the east of the Project site. Due to distance and topography, the Project is not visible from these highways.1 Given the distance between the proposed Project Site and the nearest officially designated state scenic highways, the proposed Project would not substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. Therefore, no impacts to scenic resources would be anticipated under the Project or Alternate Project.
Supportive Evidence: Please refer to Draft SEIR pages 4.1-11 through 4.1-12.
Agriculture and Forestry Services
Impact 7.2-1: Would the Project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? Impact 7.2-2: Would the Project conflict with existing zoning for agricultural use, or a Williamson Act contract?
Impact 7.3-3: Would the Project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public 1 California Department of Transportation (2021). California State Scenic Highway System Map. Available at https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa. Accessed December 20, 2021.
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Packet Pg. 1355 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact Environmental Impacts Found to Have No Impact City of Moreno Valley 9 April 2023
Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
Impact 7.3-4: Would the Project result in the loss of forest land or conversion of forest land to nonforest use? Basis for Conclusion: The Project site is currently developed with the Moreno Valley Mall and paved surface parking. No agricultural or forestry resources exist on or adjacent to the Project site. According to the California Department of Conservation’s California Important Farmland Finder, the proposed Project site does not contain Prime Farmland, Unique Farmland, Farmland of Statewide Importance, or Farmland of Local Importance. 2 The Project site and the adjacent land use are designated as “Urban and Built-Up Land”. Furthermore, the Project site is not subject to the Williamson Act Contract.3 The site is currently
zoned as mixed-use community overlay which allows for commercial, office, and multi-family residential uses. As a result, the Project does not conflict with existing zoning of timberland as forestry resources which are not present on or adjacent to the Project site.4 There are no impacts associated with agricultural
uses, Williamson Act contracts, or related to the loss of farmland. No impact would occur and no mitigation is necessary.
Supportive Evidence: Please refer to Draft SEIR pages 7-1 through 7-2.
Biological Resources
Impact 7.3-1: Would the Project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Basis for Conclusion: The Project site is fully developed and heavily disturbed, aside from a small 1.4-acre site (study area) located in the northwestern portion of the Project site. As such, it does not contain any established or historical biological resources that would provide suitable habitat for candidate, sensitive, and/or special status species. According to the results of the biological technical memorandum that was prepare on February 10, 2022, the study area is characterized by low plant diversity, lack of shrubs and trees, and very low biological habitat value due to the adjacency of the mall development and State Route 60 (SR-60).5 Therefore, no further biological surveys are necessary, and the study area is not likely to be impacted as a result of the proposed Project. No impact would occur.
Supportive Evidence: Please refer to Draft SEIR pages 7-2 through 7-3. 2 California Department of Conservation (2016). California Important Farmland Finder. Available at https://maps.conservation.ca.gov/dlrp/ciff/.
Accessed January 12, 2022. 3 California Department of Conservation (2016). State of California Williamson Act Contract Land. (Map). Available at https://planning.lacity.org/eir/HollywoodCenter/Deir/ELDP/(E)%20Initial%20Study/Initial%20Study/Attachment%20B%20References/Califor nia%20Department%20of%20Conservation%20Williamson%20Map%202016.pdf. Accessed January 18, 2022. 4 City of Moreno Valley (2021). Zoning Map. Available at https://www.morenovalleybusiness.com/wpcontent/uploads/2021/06/CityZoningMap.pdf. Accessed January 13, 2022. 5 SWCA (2022). Technical Memorandum: Biological Assessment of One Parcel, pages 3-4.
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Packet Pg. 1356 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact Environmental Impacts Found to Have No Impact City of Moreno Valley 10 April 2023
Impact 7.3-2 Would the Project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Basis for Conclusion: The Project site is currently developed with the Moreno Valley Mall and paved surface parking. Furthermore, riparian habitat is not present on the Project site nor are sensitive natural communities listed in both local and regional plans, policies, or regulations or by the California Department of Fish and Wildlife (CDFW) or U.S. Fish and Wildlife Service (USFWS). No impacts to existing riparian habitat or sensitive natural communities would occur as a result of the Project, and no mitigation is necessary.
Supportive Evidence: Please refer to Draft SEIR page 7-3.
Impact 7.3-3: Would the Project have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Basis for Conclusion: According to the USFWS National Wetlands Inventory Online Mapper, the Project site does not include federally protected wetlands.6 The disturbed nature of the site furthermore precludes it from impacting hydrological processes on-site. Therefore, the Project would not impact any jurisdictional waters, including federally protected wetlands such as marshes, vernal pools, or coastal areas. No mitigation is necessary.
Supportive Evidence: Please refer to Draft SEIR page 7-3.
Impact 7.3-4: Would the Project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Basis for Conclusion: The Project site is surrounded by urban development, such as paved roads, commercial, and residential development, and the Moreno Valley Freeway (SR-60). The Project area is located within the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) that identifies core linkages for wildlife movement. For the Project area, no existing or proposed core linkages are identified.7
Due to the urbanized nature of the site, no migratory corridors exist or would be affected by the Project. Therefore, there are no impacts to established native wildlife or migratory corridors.
Supportive Evidence: Please refer to Draft SEIR page 7-3. 6 National Wetlands Inventory (2021). Wetlands Mapper; City of Moreno Valley. Available at https://www.fws.gov/wetlands/Data/Mapper.html.
Accessed January 13, 2022. 7 County of Riverside Transportation and Lands Management Agency (2003). Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP); Schematic Cores and Linkages Map. Available at https://www.wrc-rca.org/Permit_Docs/MSHCP/MSHCP-Volume%201.pdf.
Accessed January 13, 2022.
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Packet Pg. 1357 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact Environmental Impacts Found to Have No Impact City of Moreno Valley 11 April 2023
Impact 7.3-5: Would the Project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Basis for Conclusion: The Project site contains no historical, native plant communities. Existing vegetation is limited to landscaped non-native trees and ornamental plants that are not protected under any municipal or regional conservation policies. Furthermore, the Project site is fully developed and does not contain biological resources. As such, no impacts would occur.
Supportive Evidence: Please refer to Draft SEIR page 7-4.
Impact 7.3-6: Would the Project conflict with the provisions of an adopted habitat conservation plan, natural community conservation plan, or other approved local, regional, or state habitat conservation plan?
Basis for Conclusion: The City of Moreno Valley is included in the Western Riverside County MSHCP. Under this plan, the Project site is designated as ‘developed, disturbed land’ that does not contain any vegetation communities. The Project site and its surrounding areas are not a focus for conservation under this regional plan, and therefore would not conflict with the adopted conservation areas.8 Therefore, no
impact to local, regional, or State habitat conservation plans would occur.
Supportive Evidence: Please refer to Draft SEIR page 7-4.
Cultural Resources
Impact 4.3-1: Would the Project cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5?
Basis for Conclusion: The Project site and its neighbors are not listed by the State Historical Resources Commission in the CRHR pursuant to § 15064.5. Additionally, the Project site does not contain historic structures listed on the Moreno Valley Historic Resource Inventory nor does it contain any recommended eligible NRHP sites, historical points of interest, or other significant historical resources – according to the Moreno Valley 2040 General Plan (MoVal 2040 GP) Final SEIR. 9 The Project is not eligible for listing in the
CRHR, nor is there a possibility of it being determined as a historical resource. The Moreno Valley Mall, itself, was developed in 1992 and is less than 50 years old, making it significantly younger than the 50- year historic-age designation. The Project would, therefore, not have an effect that may cause a substantial adverse change in the significance of an historical resource, and there is no impact.
Supportive Evidence: Please refer to Draft SEIR pages 4.3-10 through 4.3-11. 8 County of Riverside Transportation and Lands Management Agency (2003). Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). Available at https://www.wrc-rca.org/Permit_Docs/MSHCP/MSHCP-Volume%201.pdf. Accessed January 13, 2022. 9 City of Moreno Valley (2021). Final Environmental Impact Report for the MOVAL 2040; Figure 4.5-1. Available at http://www.moval.org/cdd/documents/general-plan-update/final-docs/Moval%202040_Final%20EIR_with%20RTCs.pdf. Accessed January 13, 2022.
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Packet Pg. 1358 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact Environmental Impacts Found to Have No Impact City of Moreno Valley 12 April 2023
Hazards and Hazardous Materials
Impact 7.6-4: Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code §65962.5 and, as a result, would it create a significant hazard to the public or the environment?
Basis for Conclusion: According to the City of Moreno Valley’s Local Hazard Mitigation Plan (LHMP) and the DTSC Cortese List, the Project site is not located within a hazardous material zone and is not included on a hazardous site list compiled pursuant to California Government Code §64962.5.10 As a result, the Project would not create a significant hazard to the public or the environment, and no impact is anticipated.
Supportive Evidence: Please refer to Draft SEIR page 7-9.
Impact 7.7-5: For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
Basis for Conclusion: The Project site is not located near to a public airport or public use airport. However, the March Air Reserve Base – the nearest non-public use airport – is located approximately 2.8 miles south of the Project site. According to the March Air Reserve Base Airport Land Use Compatibility Plan (ALUCP), the Project site lies within ‘Zone E,’ a low-risk and low-noise zone that is within outer or occasionally used portions of flight corridors. This compatibility designation is not accompanied by development conditions that would be applicable to the Project. Given these considerations, the Project would not result in a safety hazard or excessive noise for the new residents or employees within the Project area. Therefore, no impact would occur.
Supportive Evidence: Please refer to Draft SEIR pages 7-9 through 7-10.
Impact 7.6-7: Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? Basis for Conclusion: The Project site is not located in a Very High Fire Hazard Severity Zone (VHFHSZ), nor is it neighboring a wildland urban interface, and therefore the Project would not create a risk of loss, injury or death involving wildland fires.11,12 Thus, no impacts are anticipated, and no mitigation is required.
10 City of Moreno Valley (2017). Local Hazard Mitigation Plan. Available at https://www.moval.org/city_hall/departments/fire/pdfs/haz-mitplan.pdf. Accessed January 13, 2022. 11 City of Moreno Valley (2021). Final Environmental Impact Report for the MoVal 2040; Figure 4.18-1 California Fire Hazard Severity Zone.
Available at http://www.moval.org/cdd/documents/general-plan-update/final-docs/Moval%202040_Final%20EIR_with%20RTCs.pdf.
Accessed January 13, 2022. 12 California Department of Forestry and Fire Protection (2022). California Fire Hazard Severity Zone Viewer. Available at https://gis.data.ca.gov/datasets/789d5286736248f69c4515c04f58f414. Accessed January 12, 2022.
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Packet Pg. 1359 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact Environmental Impacts Found to Have No Impact City of Moreno Valley 13 April 2023
Supportive Evidence: Please refer to Draft SEIR page 7-10.
Hydrology and Water Quality
Impact 7.7-7: Would the project in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
Basis for Conclusion: The Pacific Ocean is located approximately 40 miles from the Project site. Due to the distance to the Pacific Ocean and the presence of the Santa Ana Mountains between the Pacific Ocean and the Project site, there is no potential for the site to be impacted by a tsunami. Additionally, surface water flow at the Project site is generally via sheet flow in a southwesterly direction. The Project site is not in any mapped dam inundation hazard zone. Furthermore, the Project site is not downstream of large bodies of water or tanks which potentially could cause flooding and inundate the Project site. The risk of seiche damage following a seismic event at the Project site is considered low. Therefore, there would be no impact from tsunami or seiche zones and no mitigation is necessary.
Supportive Evidence: Please refer to Draft SEIR page 7-16.
Land Use and Planning
Impact 4.5-1: Would the project physically divide an established community? Basis for Conclusion: The Project would not result in the physical division of an established community because the existing Moreno Valley Mall does not constitute a ‘community.’ The proposed SPA is consistent with the overall development vision of the MoVal 2040 GP, and the Project maintains some of the existing commercial uses and would improve cohesion with the neighboring commercial uses. The Project does not propose the construction or alteration of roads or pathways that would disrupt the southerly adjacent residential uses. Because implementation of the Project would not physically divide an established community, there would be no impact and no mitigation is necessary.
Supportive Evidence: Please refer to Draft SEIR pages 4.5-7 through 4.5-8.
Mineral Resources
Impact 7.8-1: Would the Project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Impact 7.8-2 Would the Project result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan?
Basis for Conclusion: The Project site, and the majority of the surrounding areas, is within a designated Mineral Resource Zone MRZ-3, which is defined as areas where the significance of mineral deposits cannot F.2.r
Packet Pg. 1360 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact Environmental Impacts Found to Have No Impact City of Moreno Valley 14 April 2023
be evaluated from available data.13 Significant impacts related to mineral resources would occur if the Project would result in the loss of availability of a known, valuable mineral resource or of a locally important mineral resource site. The Project site does not contain any local mineral resource sites and the development would not result in the loss of identified regional or local mineral resources, conversion of an identified mineral resource use, or conflict with existing mineral resource extraction activities. The Project site is currently developed, and the proposed site plans do not propose additional mining operations, the Project would not affect locally important mineral resources recovery sites. Therefore, the Project would not cause loss of mineral resources resulting in no impact with no mitigation necessary.
Supportive Evidence: Please refer to Draft SEIR page 7-17.
Population and Housing
Impact 7.9-2: Would the Project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? Basis for Conclusion: The Project site consists of the existing Moreno Valley Mall (excluding the JC Penney and Macy’s parcels). Under the existing SP-200, the entirety of the existing Moreno Valley Mall area was proposed for Regional Mixed Use Commercial uses. The Regional Mixed Use Commercial land use would allow freeway-related retail, office parks, research and development parks and other office and commercial uses. This Project would include a Specific Plan Amendment that would modify and supersede SP-200 to allow the development of the Project’s proposed multi-family residential uses on the existing Project site. Therefore, the Project would not displace substantial numbers of existing people or housing.
No impact would occur, and no mitigation is necessary.
Supportive Evidence: Please refer to Draft SEIR page 7-18.
Wildfire
Impact 7.13-1: Would the Project substantially impair an adopted emergency response plan or emergency evacuation plan?
Impact 7.13-2: Would the Project, due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
Impact 7.13-3: Would the Project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that 13 City of Moreno Valley (2021). Moreno Valley Comprehensive General Plan Update Draft EIR; Figure 4.12-1 Mineral Resource Zones. Available at https://www.moval.org/cdd/documents/general-plan-update/draft-docs/Moval-2040-Draft-EIR.pdf. Accessed January 12, 2022.
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Packet Pg. 1361 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact Environmental Impacts Found to Have No Impact City of Moreno Valley 15 April 2023
may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
Impact 7.13-4: Would the Project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
Basis for Conclusion: According to the California Department of Forestry and Fire Protection, the Project site is not within or in proximity to a VHFHSZ, nor is it within a State Responsibility Area (SRA).14 The Project site is located within a Local Responsibility Area (LRA) and currently receives fire protection services from the Moreno Valley Fire Department (MVFD). Furthermore, compliance with General Plan policies would ensure that the Project would not impair an adopted emergency response plan or emergency evacuation plan. Therefore, there is no impact.
Supportive Evidence: Please refer to Draft SEIR page 7-24.
Impact 7.13-6: Would the proposed project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
Basis for Conclusion: The Project concerns the redevelopment of an existing development in heavily urbanized surroundings. The Project site is relatively flat and would not implement additional grading that would potentially result in a significant downslope or downstream. Therefore, the potential exposure of people or structures to flooding or landslides from post-fire slope instability would not increase due to project implementation. Additionally, adherence to City policy regarding stormwater and building runoff (Municipal Code § 8.10) would manage potential changes to existing site drainage due the construction of new buildings. Therefore, there would not be any anticipated impacts and no mitigation is necessary.
Supportive Evidence: Please refer to Draft SEIR page 7-25. 14 State of California (2022). California Fire Hazard Severity Zone Viewer. Available at https://gis.data.ca.gov/datasets/789d5286736248f69c4515c04f58f414. Accessed January 12, 2022.
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Packet Pg. 1362 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Moreno Valley 16 April 2023
Section 4: Environmental Impacts Found to be Less Than Significant (No Mitigation Required)
For the following significance thresholds, the City finds that, based upon substantial evidence in the record, the proposed Project would have a less than significant impact; therefore, no mitigation is required, and no significant, unavoidable adverse impacts would occur.
Aesthetics
Impact 4.1-1: Would the Project have a substantial adverse effect on a scenic vista? Basis of Conclusion: Scenic resources identified in the MoVal 2040 GP include the Box Springs Mountains, Mount Russell foothills, Moreno Peak, Moreno Valley, Badlands, San Jacinto Valley, Mystic Lake, San Bernardino Mountains, and San Gabriel Mountains.
Views north from Town Circle and Heritage Way would be partially obstructed; however, the Project would be sited and designed such that there would be sightlines between proposed buildings. New structures are primarily located within the eastern portion of the site, and in the northwest portion of the site adjacent to SR-60. These multi-family residential buildings and hotels would be subject to the proposed SPA Design Guidelines and Development Standards, as well as the City of Moreno Valley MC in regard to setbacks and walls/fencing. However, as previously discussed, the previously approved SP-200 did not include building height restrictions within PA 2, so the Project would be compliant with the Specific Plan and its development standards. The Project is seeking review and approval of a maximum building height of 80 ft from the Federal Aviation Administration (FAA) through the Riverside County Airport Land Use Commission (RCALUC). Due to the planned sightlines throughout the Project, and due to compliance with design guidelines and development standards of the SPA, impacts would be less than significant.
Supportive Evidence: Please refer to Draft SEIR pages 4.1-9 through 4.1-11.
Impact 4.1-3: Would the Project, in non-urbanized area, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
Basis of Conclusion: The Project is in an “urbanized area” pursuant to the definition of CEQA Statutes § 21071, which defines an urbanized area as an incorporated city that has a population of at least 100,000 persons. During construction, there will be short-term disturbances to the visual character of the Project site and surrounding area due to the presence of construction machines and activity, including soil stockpiles present on the norther parking lot of the Project site. However, this impact will be temporary in nature and will only occur during that portion of the grading plan. As such, a less than significant impact is anticipated.
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Packet Pg. 1363 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Moreno Valley 17 April 2023
Developments within the SPA area would comply with all lighting development regulations within the SPA. Where the SPA does not provide specificity, the City of Moreno Valley’s Municipal Code would govern. In addition to the Project being consistent with zoning requirements and regulation guidelines that apply to aesthetic and visual resources, the new development and renovations of existing structures would be completed with modern architecture and aesthetically pleasing ornamentation of building facades. With the area’s design standards being incorporated to ensure full compliance with the City’s development code, the minimization of any negative impacts due to aesthetics or light and glare policies, and the employment of modern aesthetically pleasing architecture, the Project would comply with any applicable regulation regarding scenic quality and a less than significant impact is expected.
Supportive Evidence: Please refer to Draft SEIR pages 4.1-12 through 4.1-15.
Air Quality
Impact 4.2-4: Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Basis for Conclusion: Odors that could be generated by construction activities are required to follow South Coast Air Quality Management District (SCAQMD) Rule 402 to prevent odor nuisances on sensitive land uses. During construction, emissions from construction equipment, such as diesel exhaust, and volatile organic compounds from architectural coatings and paving activities may generate odors. However, these odors would be temporary, are not expected to affect a substantial number of people and would disperse rapidly. Therefore, impacts related to odors associated with the Project’s construction-related activities would be less than significant.
The SCAQMD CEQA Air Quality Handbook identifies certain land uses as sources of odors. These land uses include agriculture (farming and livestock), wastewater treatment plants, food processing plants, chemical plants, composting facilities, refineries, landfills, dairies, and fiberglass molding. The Project would not include any of the land uses that have been identified by the SCAQMD as odor sources.
Therefore, the Project would not create objectionable odors.
Supportive Evidence: Please refer to Draft SEIR page 4.2-39 through 4.2-40.
Cultural Resources
Impact 4.3-3: Would the Project disturb any human remains, including those interred outside of formal cemeteries?
Basis for Conclusion: The MoVal 2040 Final SEIR confirms, via a citywide Eastern Information Center record search, that there are no formal cemeteries or other resources that are known to possess human remains throughout the City. Because the Project site is fully developed, it is unlikely to disturb any unknown human remains. However, the potential for the accidental discovery of human remains is possible. If human remains are unintentionally disturbed during construction activities, implementation of the procedures set forth in PRC § 5097.98 and California State Health and Safety Code (HSC) § 7050.5 F.2.r
Packet Pg. 1364 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Moreno Valley 18 April 2023
would be implemented in consultation with the Most Likely Descendent (MLD) as identified by the Native American Heritage Commission (NAHC). California State HSC § 7050.5 dictates that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to PRC § 5097.98. If the remains are determined by the County Coroner to be Native American, the NAHC shall be notified within 24 hours. The NAHC shall identify the MLD with whom consultation shall occur to determine in the treatment and disposition of the remains. With compliance to California State HSC § 7050.5, as stated above, impacts associated with the potential disturbance of human remains would be less than significant.
Supportive Evidence: Please refer to Draft SEIR pages 4.3-15.
Energy
Impact 7.4-1: Would the Project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during Project construction or operation?
Basis for Conclusion: The Project would not result in wasteful, inefficient or unnecessary consumption of energy during Project construction or operation. The Project would comply with all applicable energy conservation requirements. Project construction and operation would be typical for an urban retail shopping center, which is financially incentivized to reduce energy demand due to associated reductions in project operating costs.
The MoVal 2040 Final SEIR, in conjunction with the Climate Action Plan (CAP), addressed the potential for wasteful, inefficient, or unnecessary consumption of energy resources or to conflict with applicable plans for renewable energy and energy efficiency. The MoVal 2040 Final SEIR determined that, in addition to the energy efficiencies that would be realized from compliance with current CALGreen and Title 24 standards in new and re-developments, the MoVal 2040 GP would promote energy conservation through voluntary programs that provide energy-efficiency audits, retrofits, rebates, and other financing programs and incentives. Additionally, the CAP includes a number of GHG reduction goals related to energy use and energy conservation. Therefore, the MoVal 2040 GP would not create a land use pattern that would result in a wasteful, inefficient, or unnecessary use of building-related energy.15 Because the redevelopment of the Moreno Valley Mall is specifically accounted for in the MoVal 2040 GP and would meet GP goals for mixed use development and transit improvements, impacts relating to inefficient energy use as a result of the proposed redevelopment Project would be less than significant and no mitigation is necessary.
Supportive Evidence: Please refer to Draft SEIR pages 7-4 through 7-5. 15 City of Moreno Valley (2021). Final Environmental Impact Report for the MoVal 2040; Page 4.6-9. Available at https://www.moval.org/city_hall/general-plan2040/Environmental/MV2040_FinalEIR_W-CommentResponse.pdf. Accessed March 29, 2022.
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Packet Pg. 1365 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Moreno Valley 19 April 2023
Impact 7.4-2: Would the Project conflict with or obstruct a State or Local plan for renewable energy or energy efficiency?
Basis for Conclusion: Project design and operation will comply with California Title 24 energy standards and the 2019 CALGreen building code. As discussed above in Impact 4.4-1, Project development will not cause inefficient, wasteful, and unnecessary energy use. According to the MoVal 2040 GP, by changing land use designations and focusing development in Concept Areas, the Project would reduce VMT when compared to buildout of the existing 2006 General Plan.16 Therefore, the Project would not conflict with or obstruct State or local plans for renewable energy or energy efficiency and potential impacts would be less than significant.
Supportive Evidence: Please refer to Draft SEIR page 7-5.
Geology and Soils
Impact 7.5-1: Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault (Refer to Division of Mines and Geology Special Publication 42)?
Basis for Conclusion: According to the United States Geological Survey (USGS) Quaternary Faults ArcGIS map, the Project site is not located in or adjacent to a known earthquake fault.17 The San Jacinto fault zone, the latest quaternary fault, is located at least four miles to the northeast of the Moreno Valley Mall; therefore, the possibility of a significant fault rupture on the Project site is low and potential impacts would be less than significant.
Supportive Evidence: Please refer to Draft SEIR page 7-6.
Impact 7.5-2: Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving:
ii. Strong seismic ground shaking?
Basis for Conclusion: Although no active faults are known to traverse the Project site, the Project site would experience ground shaking from earthquakes generated along active faults located off-site. The intensity of ground shaking would depend upon the magnitude of the earthquake, distance to the epicenter, and the geology of the area between the epicenter and the Project site. Adherence to standard engineering practices and design criteria relative to seismic and geologic hazards in accordance with the 16 City of Moreno Valley (2021). Final Environmental Impact Report for the MoVal 2040; Page 4.6-10. Available at http://www.moval.org/cdd/documents/general-plan-update/final-docs/Moval%202040_Final%20EIR_with%20RTCs.pdf. Accessed March 29, 2022. 17 U.S. Geological Survey (2020). U.S. Geologic Survey’s Interactive Quaternary Faults Database. Available at https://www.arcgis.com/apps/webappviewer/index.html?id=5a6038b3a1684561a9b0aadf88412fcfhttps://www.arcgis.com/apps/webappvi ewer/index.html?id=5a6038b3a1684561a9b0aadf88412fcf. Accessed January 12, 2022.
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Packet Pg. 1366 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Moreno Valley 20 April 2023
California Building Code (CBC) would reduce the significance of potential impacts to less than significant.
The CBC includes detailed design requirements related to structural design, soils and foundations, and grading to ensure that public safety risks due to seismic shaking are minimized to below significance.
Therefore, potential impacts would be less than significant.
Supportive Evidence: Please refer to Draft SEIR pages 7-6 and 7-7.
Impact 7.5-2: Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving:
iii. Seismic-related ground failure, including liquefaction? Basis for Conclusion: The Moreno Valley Mall lies within one such zone and has a low liquefaction susceptibility. The San Jacinto Fault Zone to the northeast and east of the Project site puts the region in some risk of ground shaking, which may result in seismic-related ground failure. However, the Project site’s distance from the fault makes seismic-related ground failure unlikely. Since both seismic-related ground failure and generalized liquefaction would not be likely to occur, the implementation of the Project would result in a less than significant impact.
Supportive Evidence: Please refer to Draft SEIR page 7-7.
Impact 7.5-4: Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving:
iv. Landslides?
Basis for Conclusion: The Project site exhibits varying landslide susceptibility but is predominately defined by landslide susceptibility classes 0 and 5, indicating that there is generally moderate to no risk of landslide.18 Furthermore, the Project site and neighboring parcels are relatively flat with no visual indications of active landslides. The northerly adjacent freeway, which is reinforced with retaining walls, would additionally minimize the risk of landslide. Therefore, landslide risk to the Project site is unlikely and impacts are less than significant.
Supportive Evidence: Please refer to Draft SEIR page 7-7.
Impact 7.5-5: Would the Project result in substantial soil erosion or the loss of topsoil? Basis for Conclusion: On the Project site, topsoil exists only in those landscaped areas that make up a small proportion of the site area. Therefore, there is a low likelihood for erosion of this unpaved areas.
Additionally, the Project would be required to comply with all requirements set forth in the National Pollutant Discharge Elimination System (NPDES) permit for construction activities including Best Management Practices (BMPs) through preparation of a Stormwater Pollution Prevention Plan (SWPPP).
NPDES compliance would reduce potential impacts to less than significant levels. 18 City of Moreno Valley (2021). MoVal 2040 General Plan: Chapter 6 Safety. Available at www.moval.org/cdd/documents/general-plandocuments-draft-general-plan.html. Accessed January 12, 2022.
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Packet Pg. 1367 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Moreno Valley 21 April 2023
Supportive Evidence: Please refer to Draft SEIR page 7-8.
Hazards and Hazardous Materials
Impact 7.6-1: Would the Project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Basis for Conclusion: Impacts related to the routine transport, use, or disposal of hazardous materials on the Project site would most likely come from motor oils, gasoline, and diesel fuel used during construction, rather than the operational uses of the site. Should on-site refueling occur during construction, spill kits shall be located on-site as required by the Project-specific SWPPP. Other preventative measures and BMPs are similarly required under NPDES stormwater regulations. Furthermore, the Project site is not listed under the California Hazardous Waste and Substance Site List (Cortese List).19 Prior environmental analysis within the SP-200 EIR did not address hazards or hazardous materials. Therefore, impacts associated with the transport, use, or disposal of hazardous materials would be less than significant.
Supportive Evidence: Please refer to Draft SEIR page 7-8.
Impact 7.6-2: Would the Project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
Basis for Conclusion: Accident conditions involving the release of hazardous materials into the environment could reasonably occur during the construction phase of the Project, especially due to the use of oils and fuels on-site. The use of hazardous materials during the construction phase – such as motor oils, gasoline, and diesel fuel – would have a less than significant impact with the preventative measures and BMPs required under NPDES stormwater regulations and Project-specific SWPPP. Because no proposed land uses necessitate the use of hazardous materials, the operational phase of Project implementation does not pose a reasonably foreseeable issue regarding the release of hazardous materials. However, the Project site may be expected to use fertilizer for site landscaping. Materials and substances would all be subject to applicable health and safety requirements under the Occupational Safety and Health Administration (OSHA). Thus, Project implementation would not result in the creation of a public or environmental hazard resulting in a less than significant impact.
Supportive Evidence: Please refer to Draft SEIR pages 7-8 through 7-9.
Impact 7.6-3: Would the Project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
Basis for Conclusion: There are no schools located within one-quarter mile of the Project site. The nearest school is Edgemont Elementary School located at 21790 Eucalyptus Ave, Moreno Valley, CA, approximately 0.7 miles to the southwest of the Project site. The Project is not anticipated to generate 19 California Department of Toxic Substances Control (2022). Hazardous Waste and Substances Site List. Available at https://www.envirostor.dtsc.ca.gov/public/. Accessed January 13, 2022.
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Packet Pg. 1368 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Moreno Valley 22 April 2023
significant hazardous materials that would impact Edgemont Elementary School. In addition, any future school developed within the surrounding area would be subject to the oversight of the California Environmental Protection Agency (Cal EPA), Department of Toxic Substances Control (DTSC), as required by State law. Additionally, the Project site is not located within a hazardous materials zone and is not included on a hazardous site list, according to the DTSC Cortese List. Therefore, a less than significant impact would occur due to the implementation of the Project.
Supportive Evidence: Please refer to Draft SEIR pages 7-8 through 7-9.
Impact 7.6-6: Would the Project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Basis for Conclusion: The Project is not anticipated to interfere or impair an adopted emergency response or evacuation plan. The City has adopted a Local Hazard Mitigation Plan (LHMP) and Emergency Operations Plan (EOP) to guide emergency management strategies for the City. Implementation of the Project would be in compliance with the California Fire Code (CFC) with local amendments to address fire hazard concerns. Furthermore, approval of new development is conditioned on review by the Moreno Valley Fire Department (MVFD) and the Moreno Valley Department of Public Works to ensure adequate emergency access.20 In case of an emergency and/or evacuation, Towngate Fire Station 6, located approximately 0.3 mile southwest from the Project site, would be able to provide an emergency response.
The implementation would not impact major access roads and access would be maintained during construction. Therefore, impacts would be less than significant, and mitigation is not necessary.
Supportive Evidence: Please refer to Draft SEIR page 7-10.
Hydrology and Water Quality
Impact 7.7-1: Would the proposed project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? Basis for Conclusion: The Project site has been previously developed and graded with the construction of parking lots, auxiliary structures, and the Moreno Valley Mall. Existing conditions allow for the unmitigated flow of water across the Project site before interception of runoff into stormwater sewers and paved ditches. With implementation of the preliminary Water Quality Management Plan (WQMP), compliance with the NPDES permit requirements, and implementation of BMPs, the Project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality. Mandatory compliance with the required site-specific Stormwater Pollution Prevention Plan (SWPPP) and the erosion control plan would ensure that the construction of the Project site would not violate any water quality standards or waste discharge requirements. Therefore, there would be a less than significant impact association with violation of any water quality standards or waste discharge requirements or otherwise substantial degradation of surface or groundwater quality. 20 City of Moreno Valley (2021). MoVal 2040 General Plan: Safety Element. Available at www.moval.org/cdd/documents/general-plandocuments-draft-general-plan.html. Accessed January 13, 2022.
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Packet Pg. 1369 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Moreno Valley 23 April 2023
Supportive Evidence: Please refer to Draft SEIR pages 7-11 through 7-12.
Impact 7.7-2: Would the proposed project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
Basis for Conclusion: According to the WQMP, development of the Project site would decrease impervious surface area (ISA) from the existing conditions and therefore would increase permeability of the affected area. The WQMP includes design measures such as low impact development (LID) and other stormwater drainage controls that would be engineered to capture and control runoff prior to being released downstream. This would increase the duration that water is held on-site prior to being released to downstream receiving waters, allowing water more time to infiltrate the ground and facilitates recharge. In addition, LIDs that include permeable materials, enable runoff to immediately infiltrate and begin the recharge process. Therefore, considering the existing conditions which already limit the potential for recharge, and with the implementation of a WQMP, impacts would be less than significant.
Further, according to the WQMP, groundwater was not encountered past 15 feet in any of the infiltration test borings. Based on this information, it is not anticipated that the depth to groundwater would affect the long-term performance of an infiltration system. Therefore, development of the Project site would not affect groundwater recharge due to the distance between the ground surface and the groundwater levels.
Supportive Evidence: Please refer to Draft SEIR pages 7-12 through 7-13.
Impact 7.7-3: Would the proposed project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i. Result in substantial erosion or siltation on- or off-site? Basis for Conclusion: The Project would utilize subsurface storm drain systems that convey flows in the underground storm drain network. The Project proposes to capture and convey stormwater to modular wetland biofiltration systems. This water would be treated and conveyed into the existing reinforced concrete pipe (RCP) storm drain in Town Circle. The NPDES, SWPPP, and WQMP created for the Project would also minimize potential impacts from erosion and siltation. Further, an erosion control plan would also be implemented to further minimize potential siltation and erosion effects. Implementation of dust control measures along with BMPs included in the NPDES, SWPPP, and WQMP would reduce potential environmental effects to less than significant levels.
Supportive Evidence: Please refer to Draft SEIR page 7-13.
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Packet Pg. 1370 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Moreno Valley 24 April 2023
Impact 7.7-4: Would the proposed project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site?
Basis for Conclusion: The current Project would include development of approximately 58.6 acres of land presently occupied by the Moreno Valley Mall and associated uses that would decrease the amount of ISA covering on the Project site compared to existing conditions. These proposed improvements may cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff.
Any runoff that may occur would not exceed the system's capacity as existing downstream and upstream facilities have adequate capacity to convey 1,135 cubic feet per second (cfs) of water. Per the Project’s Drainage Report, on-site flows would be collected by a system of underground chambers and storm drain network. The Project would construct the new storm drain facilities that would connect to the existing storm drain network along Town Circle and throughout the Project site. Curb and gutter infrastructure associated with new private roads would be adequately designed to account for the 100-year, 24-hour storm event without flooding. Additionally, vegetated drainage swales would be utilized and set in place of underground piping or imperviously lined swales, to the maximum extent practicable and as allowed by City erosion control regulations (MC §8.21.160.E) to contain 10-year events in curb and 100-year events in right of way. Therefore, the Project would not significantly impact flooding.
Supportive Evidence: Please refer to Draft SEIR pages 7-13 through 7-14.
Impact 7.7-5: Would the proposed project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
iii. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?
Basis for Conclusion: The existing Project site is already disturbed with the existing Moreno Valley Mall and associated uses. This existing development contains an existing storm drain network and conveyance patterns throughout the site consisting of curb and gutter, shallow drainage channels, and sheet flow across paved parking surfaces. The Project would include similar improvements that are designed to be consistent with the 100-year storm event. Preparation, implementation, and participation with both the NPDES General Permit and the General Construction Permit, including the SWPPP and BMPs, would reduce the potential for storm water flows, and any potential contaminants contained within those flows, to be conveyed off-site during construction of the Project. As a result, short-term construction-related impacts associated with creating or contributing to runoff and additional sources of polluted runoff would be less than significant. Conformance with these requirements would be verified prior to any project approval and included as conditions of approval to any future project. Impacts would, therefore, be less than significant.
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Packet Pg. 1371 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Moreno Valley 25 April 2023
Supportive Evidence: Please refer to Draft SEIR pages 7-14 through 7-15.
Impact 7.7-6: Would the proposed project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
iv. Impede or redirect flood flow?
Basis for Conclusion: Refer to discussion in Impact 7.7-6(ii). The site is not located in a documented flood plain or floodway, nor is the site located within any special flood hazard areas.21 The Project site is already disturbed with the existing Moreno Valley Mall and associated uses. This existing development contains an existing storm drain network and conveyance patterns throughout the site consisting of curb and gutter, shallow drainage channels, and sheet flow across paved parking surfaces. The Project would include similar improvements that are designed to be consistent with the 100-year storm event. As such, the Project would not impede or redirect flood flows and impacts would be less than significant.
Supportive Evidence: Please refer to Draft SEIR pages 7-15 through 7-16.
Impact 7.7-8: Would the proposed project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Basis for Conclusion: The Project site is located within the Santa Ana River Basin. The site’s related construction and operational activities would be required to comply with the Santa Ana RWQCB’s Santa Ana River Basin Water Quality Control Plan by preparing and adhering to a SWPPP and SWQMP. The Project would be required to show conformance prior to any approval. Implementation of the Project would not conflict with or obstruct the Santa Ana River Basin Water Quality Control Plan and impacts would be less than significant. The Project site lies within the San Jacinto Groundwater Basin, under the Sustainable Groundwater Management Act (SGMA), Eastern Municipal Water District (EMWD) is the groundwater sustainability agency and is responsible for development and implementation of a groundwater sustainability plan. The Project would be required to comply with all applicable aspects of the Groundwater Sustainability Plan for the San Jacinto Groundwater Basin. Additionally, the Project site is already disturbed with the existing Moreno Valley Mall and associated uses. The existing mall complies with all applicable plans and it is not anticipated that the new uses proposed as part of the Project would dramatically change the intensity of uses already planned and approved. As such, the Project would not conflict with or obstruct the implementation of a water quality control plan or a sustainable groundwater management plan and impacts would be less that significant and no mitigation is necessary.
Supportive Evidence: Please refer to Draft SEIR page 7-16.
Land Use and Planning
21 Federal Emergency Management Agency (2008). FEMA FIRM Map. No. 06065C0745G. Available at https://msc.fema.gov/portal/. Accessed January 13, 2022.
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Packet Pg. 1372 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Moreno Valley 26 April 2023
Impact 4.5-2: Would the Project cause a significant environmental impact due to a conflict with any plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
Basis for Conclusion: The Project would be consistent with the SCAG RTP/SCS, City of Moreno Valley 2006 General Plan, and the MoVal 2040 GP. With approval and implementation of the proposed Specific Plan Amendment, the Project would not result in a change in, or conflict with a land use or zoning designation that would result in potentially significant impacts. Therefore, impacts associated with any existing plan, policy, or regulation would be less than significant. The Project site is currently zoned as mixed-use community overlay which allows for the Project components including hotels, public parks and recreational facilities, multi-family residential, restaurants, and retail.22 Therefore, the Project would not result in a change in, or conflict with zoning policy that would result in potentially significant impacts.
Supportive Evidence: Please refer to Draft SEIR pages 4.5-9 through 4.5-27.
Noise
Impact 4.6-1: Would the Project generate a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Basis for Conclusion: Construction activities for the Project would include site preparation, grading, building construction, paving, and architectural coating. Such activities would require graders, scrapers, and tractors during site preparation; graders, dozers, and tractors during grading; cranes, forklifts, generators, tractors, and welders during building construction; pavers, rollers, mixers, tractors, and paving equipment during paving; and air compressors during architectural coating. The nearest sensitive receptors to the Project site are the residences 110 feet south of the Project site. As analyzed in Draft SEIR Section 4.6, Noise, construction activities would not exceed the 80 dBA Leq residential threshold for sensitive receptors. Therefore, construction related noise impacts would be less than significant.
The analysis of operational noise impacts presented in Draft SEIR Section 4.6, Noise only focuses on new source of noise associated with Project improvements. The major noise sources associated with Project operation that would potentially impact existing nearby residences would include stationary noise equipment (i.e., trash compactors, air conditioners, etc.); new parking areas (i.e., car door slamming, car radios, engine start-up, and car pass-by); and off-site traffic noise. Mechanical equipment typically generates noise levels of approximately 52 dBA at 50 feet. The nearest potential location for such mechanical equipment – an HVAC unit – would be located approximately 200 feet from the nearest residential property and HVAC noise levels would attenuate by the distance to approximately 38.0 dBA, which is well below the City’s 60 dBA daytime and 55 dBA nighttime noise standard for residential uses.
As determined by the Project’s Traffic Study, the Project would generate 634 daily trips during peak hours.
The Project’s highest peak hour vehicle trips would generate noise levels of approximately 54.4 dBA Leq 22 City of Moreno Valley (2021). City of Moreno Valley Municipal Code - Section 9.02.020 Permitted Uses. Available at https://library.qcode.us/lib/moreno_valley_ca/pub/municipal_code/item/title_9-chapter_9_02-9_02_020. Accessed January 17, 2022.
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Packet Pg. 1373 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Moreno Valley 27 April 2023
at 50 feet from the parking lot. Parking lot noise at the nearest receptor would be 42.4 dBA which is below the City’s residential noise standard of 92 dBA SEL. Additionally, the proposed Project would generate 11,076 daily trips which would result in noise increases on Project area roadways. In general, a traffic noise increase of less than 3 dBA is barely perceptible to people, while a 5-dBA increase is readily noticeable.23 Generally, traffic volumes on Project area roadways would have to approximately double for the resulting traffic noise levels to increase by 3 dBA. Traffic noise modeling was conducted for conditions with and without the Project, based on traffic volumes from the Traffic Impact Analysis. As indicated in Section 4.6, Noise Project traffic-generated noise levels on Project area roadways would range between
65.8 dBA CNEL and 73.2 dBA CNEL at 100 feet from the centerline, and the Project would result in a maximum increase of 2.6 dBA CNEL along Town Circle. Therefore, the proposed Project would result in a less than significant impact related to stationary noise levels, noise impacts from parking lots, and permanent increase in ambient noise from off-site traffic.
Supportive Evidence: Please refer to Draft SEIR pages 4.6-14 through 4.6-19.
Impact 4.6-2: Would the Project expose persons to or generate excessive ground borne vibration or ground-borne noise levels?
Basis for Conclusion: Once operational, the Project would not be a significant source of groundborne vibration. Groundborne vibration surrounding the Project currently result from heavy-duty vehicular travel (e.g., refuse trucks, heavy duty trucks, delivery trucks, and transit buses) on the nearby local roadways. Due to the rapid drop-off rate of ground-borne vibration and the short duration of the associated events, vehicular traffic-induced ground-borne vibration is rarely perceptible beyond the roadway right-of-way, and rarely results in vibration levels that cause damage to buildings in the vicinity.
Therefore, vibration impacts associated with Project construction and operation would be less than significant , and no mitigation is necessary.
Supportive Evidence: Please refer to Draft SEIR pages 4.6-19 through 4.6-20.
Impact 4.6-3: For a Project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project expose people residing or working in the Project area to excessive noise levels?
Basis for Conclusion: The nearest airport to the Project site is the March Air Force Reserve Base located approximately 2.4 miles to the south. According to the noise compatibility contours figure for the March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan (Riverside County Airport Land Use Commission 2014), the project site is located outside the airport’s 60 dBA CNEL noise contour. Therefore, the Project would not expose people residing or working in the Project area to excessive airport- or airstrip-related noise levels and no mitigation is required. 23 Federal Highway Administration, Highway Traffic Noise Analysis and Abatement Policy and Guidance, Noise Fundamentals, https://www.fhwa.dot.gov/environMent/noise/regulations_and_guidance/polguide/polguide02.cfm, accessed April 13, 2022.
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Packet Pg. 1374 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Moreno Valley 28 April 2023
Supportive Evidence: Please refer to Draft SEIR pages 4.6-20 through 4.6-21.
Population and Housing
Impact 7.9-2: Would the Project induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Basis for Conclusion: The Project would include the development of 1,627 multi-family dwelling units, including three multi-family communities in the eastern mall area (Residential A, B and C totaling 1,377 DU, and a multi-family community in the northwest mall area totaling 250 DU). The Project also includes commercial uses that include, but is not limited to, additional multi-tenant retail through mall revitalization and two new hotel operations which would increase the demand of housing in the area.
Consequently, the Project would directly and indirectly induce population growth, which would have the potential to increase the demand for housing in the area. The City is considered housing-rich so the increase of employment opportunities would help in the City’s pursuit of an improved jobs-housing balance. Additionally, the Project’s new residential units would help the City meet its Regional Housing Needs Allocation (RHNA) housing goals by 2029. According to the MoVal 2040 GP Program EIR, the City anticipates the development of 22,052 new homes which is greater than the RHNA allocation goal of 13,627 new homes. The exceedance of the RHNA allocation would provide a buffer in all income categories to ensure the City can navigate the no net loss provisions of the state Housing Element law and have continued ability to meet the RHNA by income group through 2040.24 Therefore, the Project’s population growth is planned and would not result in a substantial population growth. Impacts would be less than significant, and no mitigation is necessary.
Supportive Evidence: Please refer to Draft SEIR page 7-17 through 7-18.
Impact 7.9-1: Would the Project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? Basis for Conclusion: The Project site consists of the existing Moreno Valley Mall (excluding the JC Penney and Macy’s parcels). Under the existing SP-200, the entirety of the existing Moreno Valley Mall area was proposed for Regional Mixed Use Commercial uses. The Regional Mixed Use Commercial land use would allow freeway-related retail, office parks, research and development parks and other office and commercial uses. This Project would include a Specific Plan Amendment that would modify and supersede SP-200 to allow the development of the Project’s proposed multi-family residential uses on the existing Project site. Therefore, the Project would not displace substantial numbers of existing people or housing.
No impact would occur, and no mitigation is necessary.
Supportive Evidence: Please refer to Draft SEIR page 7-18. 24 City of Moreno Valley (2021). Final Environmental Impact Report for the MoVal 2040; Page 4.14-5. Available at http://www.moval.org/city_hall/general-plan2040/Environmental/MV2040_FinalEIR_W-CommentResponse.pdf. Accessed January 2022.
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Packet Pg. 1375 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Moreno Valley 29 April 2023
Public Services
Impact 7.10-1: Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
i) Fire Protection?
Basis for Conclusion: Increased demand as a result of new development or redevelopment has the potential to detrimentally affect response times and emergency response coverage. The MVFD Strategic Plan (SP) anticipates the need for new fire stations based on project population increases and the development outlook stipulated in the MoVal 2040 GP, that includes the redevelopment of the Moreno Valley Mall Concept Area. Because the MVFD SP takes into account the planned development intensity envisioned in the GP, and because the Project site is specifically regarded for mixed-use development consistent with the proposed Project, it should be assumed that impacts to fire protection services as a result of the Project are currently considered under the purview of the MoVal 2040 Final SEIR impact analysis. As part of the MoVal 2040 GP’s programmatic mitigation framework, new development would be required to pay a development impact fee (DIF) to contribute to future facility improvements – including new equipment, personnel, and fire stations. Impacts to public services are further offset through the general fund revenue anticipated to be generated by the Project, both in terms of enhancing performance of the existing mall and in providing new retail sales tax generators and hotel bed tax. While the construction of these new fire stations may result in adverse physical impacts, impacts would be addressed by separate environmental review and the City’s standard development review process.
Therefore, impacts to fire protection services from the Project would be less than significant.
Supportive Evidence: Please refer to Draft SEIR pages 7-19 through 7-20.
Impact 7.10-2: Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
ii) Police Protection?
Basis for Conclusion: The MoVal 2040 GP anticipates the expansion of the Civic Center, the existing headquarters of the Moreno Valley Police Department (MVPD), as well as an increase in police personnel to accommodate future development that would include the Project. While the construction of an expanded police protection facility may result in adverse physical impacts, impacts would be addressed by separate environmental review and the City’s standard development review process, applicable DIF contributions, MoVal 2040 GP goals and policies intended to protect the environment, and the programmatic mitigation framework established in the MoVal 2040 Final SEIR, which would reduce F.2.r
Packet Pg. 1376 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Moreno Valley 30 April 2023
impacts associated with the provision of new or physically altered police protection facilities. Therefore, impacts to police protection services from the Project would be less than significant.
Supportive Evidence: Please refer to Draft SEIR page 7-20.
Impact 7.10-3: Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
i) Schools?
Basis for Conclusion: The Moreno Valley Unified School District, the Val Verde Unified School District, and Moreno Valley College recognize the need for additional school construction to accommodate a growing population. The redevelopment of the Project site is considered in the GP as an action that could result in population growth, thereby increasing demand on schools. The Project proposes less intensive residential uses than the SP-200, with estimated school demand to increase by 1,187 students, accounted for in student generation estimations in the MoVal2040 Final SEIR. 25 Payment of fees in compliance with
California Government Code §65996 fully mitigates all impacts to school facilities. Therefore, this impact would be less than significant in this regard. Future schools would be subject to separate environmental review, MoVal 2040 GP goals and policies intended to protect the environment, and the programmatic mitigation framework established in the MoVal2040 Final SEIR, which would reduce impacts associated with the provision of new or physically altered schools to a level less than significant.
Supportive Evidence: Please refer to Draft SEIR page 7-20 through 7-21.
Impact 7.10-3: Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
i) Other Public Facilities?
Basis for Conclusion: Any additional public facilities would be subject to separate environmental review, MoVal 2040 GP goals and policies intended to protect the environment, and the programmatic mitigation framework established in the MoVal Final SEIR, which would reduce impacts associated with the provision of new or physically altered public facilities to a level less than significant.
Supportive Evidence: Please refer to Draft SEIR page 7-21.
Recreation
25 Estimated number of students generated by the Project is a measure of proposed dwelling units multiplied by MVUSD Student Generation Rates, found in the MoVal2040 EIR; Page 4.15-8.
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Packet Pg. 1377 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Moreno Valley 31 April 2023
Impact 7.11-1: Would the Project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
Basis for Conclusion: Increase in the demand for existing neighborhood and regional parks or other recreational facilities typically occurs due to an increase in the residential population. To this effect, the Project would include the addition of 250 units in the northwest corner of the site and approximately 1,377 multi-family units in the southeast district of the site. The Project additionally includes two on-site hotels, the temporary residents of which could utilize existing neighborhood recreational facilities. The Project would satisfy the City’s open space standards by providing a combination of public plaza open space, public accessible open space, and private common open space. Therefore, impacts from the increased use of existing neighborhood and regional parks or other recreational facilities would be less than significant.
Supportive Evidence: Please refer to Draft SEIR page 7-22.
Impact 7.11-2: Does the Project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?
Basis for Conclusion: The Project does include the implementation of on-site recreational facilities including a public park and an outdoor dining pavilion. The Project would comply with the City’s goals and policies within its general plan, as well as the Quimby Act and City regulations through dedication of parkland and/or payment of in-lieu fees for parks and recreation purposes. Therefore, impacts to existing neighborhood and regional parks or other recreational facilities would be less than significant.
Supportive Evidence: Please refer to Draft SEIR page 7-22.
Transportation
Impact 4.7-2: Would the Project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?
Basis for Conclusion: As part of the City of Moreno Valley’s Vehicle Miles Traveled (VMT) Guidelines, the City has adopted screening criteria, which can be used to quickly identify when a project or a portion of a mixed-use project should be expected to cause a less than significant impact related to VMT and would not require a detailed VMT analysis. Three screening criteria exist to determine if a project would have a less than significant impact. Based on a review of the City’s VMT screening criteria, this mixed-use project’s retail and hotel portions can be screened out of a VMT analysis under the City’s project type screening.
The retail portion is less than 50,000 square feet and would primarily serve local residential uses; the hotels are intended to be local serving (non-destination) hotels. The remaining components of this mixeduse project (residential and office) would not be screened out and would require a VMT analysis using their respective impact thresholds of significance.
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Packet Pg. 1378 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Moreno Valley 32 April 2023
According to the VMT modeling described in Draft SEIR Section 4.7, Transportation, the existing average Citywide VMT per capita is 13.57 VMT per capita. The Project’s expected generation is 9.79 VMT per capita. Given that the VMT per capita for the Project’s residential component does not exceed the Citywide VMT per capital, then the residential component is expected to result in a less than significant impact. Additionally, the existing average Citywide VMT per employee is 5.48 VMT per employee. The Project’s estimated VMT generation per employee is 3.50. The estimated VMT for the office component is lower than and does not exceed the Citywide VMT per employee. As such, the Project’s office component is expected to have a less than significant impact. As the retail and hotel components of the Project have been screened out of a detailed VMT analysis and expected to cause a less than significant impact, and the residential and office component VMT generation are below the Citywide VMT in each category, the Project is expected to have a less than significant impact with regard to VMT.
Supportive Evidence: Please refer to Draft SEIR pages 4.7-17 through 4.7-20.
Impact 4.7-4: Would the Project result in inadequate emergency access? Basis for Conclusion: The Project would be required to have design plans reviewed by the City of Moreno Valley and associated agencies to ensure that adequate access to-and-from the Project site for emergency vehicles would be provided. In addition, the Draft SEIR notes that significant emergency access impacts are not anticipated during construction. Construction traffic is not expected to create high levels of congestion because construction traffic generally begins at 7 am, prior to the AM peak hour, and is completed before the PM peak hours. As such, construction traffic would not conflict with traffic generated by the existing Moreno Valley Mall. Additionally, the City and associated agencies would determine whether or not Project implementation would impact or interfere with the circulation of emergency vehicles along public streets that abut the Project site. The Project site does not present any constraints or other factors that indicate that emergency access would be jeopardized during construction. Based on the proposed Project design and with required adherence to City requirements for emergency vehicle access, impacts would be less than significant.
Supportive Evidence: Please refer to Draft SEIR pages 4.7-21 through 4.7-22.
Tribal Cultural Resources
Impact 7.12-1: Would the Project be developed in an area listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code §5020.1(k)?
Basis for Conclusion: The Project site would involve the redevelopment of a site that is not listed, or eligible for listing, in the California Register of Historical Resources (CRHR), or in a local register of historical resources.26 Being currently developed, the Project site does not contain any resources that are likely to 26 City of Moreno Valley (2021). Final Environmental Impact Report for the MoVal 2040; Figure 4.5-1. Available at http://www.moval.org/cdd/documents/general-plan-update/final-docs/Moval%202040_Final%20EIR_with%20RTCs.pdf. Accessed January 13, 2022.
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Packet Pg. 1379 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Moreno Valley 33 April 2023
have historical significance. Implementation of the Project would not have an adverse effect on resources listed in the CRHR or any local register and impacts are considered to be less than significant.
Support Evidence: Please refer to Draft SEIR page 7-23.
Impact 7.12-2: Would the Project contain a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code §5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code §5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe? Basis for Conclusion: Public Resources Code §5024.1(c) specifies criteria for the eligibility of resources to be listed in the CRHR. The criteria would be met if a resource was associated with significant California cultural heritage, important historical persons, distinctive or artistic characteristics, and has the likelihood to yield important history. Prior to the 1992 establishment of the Moreno Valley Mall, the Project site contained a portion of the Riverside International Raceway from 1957 to 1989. There are no recorded uses prior to 1957 that would lend historical significance to the site. Additionally, SP-200 found that no mitigation measures related to the eligibility, or rather lack therefore, for the CRHR were required. The City conducted tribal consultation pursuant to AB-52 and SB-18, refer to Section 4.3, Cultural Resources of the Draft SEIR for more information. The Project would not have significant impacts on tribal cultural resources pursuant to §5024.1(c) criteria. Therefore, impacts would be less than significant.
Support Evidence: Please refer to Draft SEIR page 7-23.
Utilities and Service Systems
Impact 4.8-1: Would the Project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
Basis for Conclusion: Utility connections are already in place for a majority of the Project site. Existing utilities would be extended and upgraded as needed during construction of the Project to serve the anticipated demands and to accommodate operation of the residential, hospitality, office, and commercial structures. All utility infrastructure improvements that are currently identified under the Project will be constructed within the existing or to be dedicated public right-of-way.
While the Project would increase water and wastewater demand of the existing Moreno Valley Mall, the intensity of the development is less intense than what was envisioned in the approved SP-200 and the MoVal 2040 General Plan. Furthermore, all off-site improvements would be required to comply with the applicable mitigation measures prescribed within the Draft SEIR. Additionally, a Mitigation Monitoring and Reporting Program (MMRP) would be prepared for this Project that would detail each mitigation that the Project would be required to comply with. The MMRP would be included as a condition of approval for the Project. All off-site improvements associated with implementation of the Project would similarly be required to comply with the MMRP.
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Packet Pg. 1380 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Moreno Valley 34 April 2023
Impacts related to existing or planned utility facilities are anticipated to be less than significant without mitigation. The Project is consistent with the intensity envisioned in the SP-200 and the MoVal2040 General Plan. Additionally, all developments would be required to follow the City’s standard development review process, including demonstrating adequate utilities, and the payment of all applicable development impact fees. Therefore, impacts related to the expansion of utilities to serve the Project would be less than significant and no mitigation is required.
Supportive Evidence: Please refer to Draft SEIR pages 4.8-13 through 4.8-17.
Impact 4.8-2: Would the Project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Basis of Conclusion: Eastern Municipal Water District’s (EMWD) estimated Project water demand is approximately 684.98 AFY. This projected water demand represents less than 0.37 percent of EMWD’s projected year 2045 water demand. This increased demand is not anticipated to exceed the limits of the projected demand accounted for in the 2020 Urban Water Management Plan (UWMP) and the combined total demand of the Project and other new/planned developments fall below the total amount of new demand anticipated in the 2020 UWMP extending out to 2045. As such, an offset is not required as sufficient capacity remains in the UWMP supply projects and impacts are anticipated to be less than significant.
Supportive Evidence: Please refer to Draft SEIR pages 4.8-17 through 4.8-19.
Impact 4.8-3: Would the Project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? Basis of Conclusion: EMWD provides wastewater services to the Project site and currently has additional capacity totaling 34 MGD across the four Regional Water Reclamation Facilities (RWRFs) within EMWD’s service area. As the MoVal Mall is an existing development, the wastewater generated by the operation of the renovated mall would still be sufficiently treated by existing EMWD RWRFs. The existing mall generates approximately 65 gpm (105 AFY) of wastewater in the average dry weather flows (ADWF) condition. Kimley-Horn prepared a Sewer Study for the Project that estimated that the proposed Project would result in an estimated 269 gpm (434 AFY), or approximately 0.39 MGD (Appendix J). 27 This
represents less than 1.2 percent of the capacity of existing wastewater services. As previously noted, the Project has previously been incorporated into the MoVal 2040 General Plan, which did not note the necessity of further wastewater infrastructure due to Project implementation as future population projects within the City for the next 20 years are less than the Southern California Association of Governments’ (SCAG) population forecasts and as such would not exceed wastewater demand forecast projections for EMWD.28
27 Kimley-Horn and Associates (March 2022). Moreno Valley Mall Redevelopment Sewer Study, page 2. 28 City of Moreno Valley (2021). MoVal2040 General Plan Final Environmental Impact Report; Page 4.17-14.
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Packet Pg. 1381 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Moreno Valley 35 April 2023
As previously mentioned, the Project is consistent with the intensity envisioned in the SP-200 and the MoVal2040 General Plan. Additionally, all developments would be required to follow the City’s standard development review process, including demonstrating adequate utilities, and the payment of all applicable development impact fees. Therefore, impacts to wastewater treatment flows would be less than significant with no mitigation required.
Supportive Evidence: Please refer to Draft SEIR pages 4.8-19 through 4.8-20.
Impact 4.8-4: Would the Project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
Basis of Conclusion: The redevelopment of the MoVal Mall was considered within the General Plan and therefore the expansion of uses at the MoVal Mall are consistent with the MoVal 2040 General Plan.
Furthermore, the City’s Building Code requires development projects to complete and submit a Waste Management and Recycling Plan for approval prior to issuance of building permits. The Waste Management and Recycling Plan would identify the project type and estimate the amount of materials to be recycled during construction. The Project would also be required to complete a Diversion Report for review by the City’s Building Department to demonstrate that the project recycled a minimum of 50 percent of its construction waste. Additionally, all developments would be required to follow the City’s standard development review process, including demonstrating adequate utilities, and the payment of all applicable development impact fees. Therefore, the Project would comply with local standards and pose a less than significant increase to the landfills’ capacities and a less than significant impact would occur.
No mitigation would be necessary.
Supportive Evidence: Please refer to Draft SEIR pages 4.8-21 through 4.8-22.
Impact 4.8-5: Would the Project comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
Basis of Conclusion: The Project would comply with applicable local, state, and federal regulations regarding solid waste, including those of the City. All solid wastes would be deposited primarily at the Badlands Sanitary Landfill or at either El Sobrante Landfill or the Lamb Canyon Landfill, operated by the Riverside County Department of Waste Resources. The Project is anticipated to generate solid waste during the temporary, short-term construction phase, as well as the operational phase, but it is not anticipated to result in inadequate landfill capacity. MoVal 2040 General Plan Policy OSRC.4-2 requires the City and its subsequent projects to meet or exceed the state waste diversion requirements such as those outlined in AB 341. AB 341 would require that at least 75 percent of waste generated from construction activities be diverted to recycling centers. The Project would also comply with local measures such as the City’s Building Code which requires projects to recycle a minimum of 50 percent of construction waste. Through compliance with applicable regulations, the Project would create a less than significant impact with no mitigation necessary.
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Packet Pg. 1382 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant (No Mitigation Required) City of Moreno Valley 36 April 2023
Supportive Evidence: Please refer to Draft SEIR page 4.8-22.
Wildfire
Impact 7.13-5: Would the Project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Basis for Conclusion: The current Project would include the construction of roadways, landscaping, signage, lighting, and utility improvements within the Project site. The site is not located near a wildland interface and it is not within a designated VHFHSZ. The MVFD, according to the General Plan, would review all plans for adequate fire suppression, fire access, and emergency evacuation. Furthermore, approval of new development is conditioned on review by the MVFD and the Moreno Valley Department of Public Works to ensure adequate emergency access. Therefore, adherence to City policy and California Fire Code would reduce potential impacts to a level of less than significant, and no mitigation would be required.
Supportive Evidence: Please refer to Draft SEIR page 7-24.
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Packet Pg. 1383 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant with Mitigation Incorporated City of Moreno Valley 37 April 2023
Section 5: Environmental Impacts Found to be Less Than Significant with Mitigation Incorporated
Pursuant to PRC §21081(a) and CEQA Guidelines §15091(a)(1), based on substantial evidence, the City finds that for each of the impacts discussed below (i) changes or alterations have been required in, or incorporated into, the Project that avoid or substantially lessen the environmental effects identified in the Final SEIR; and (ii) the Project’s potentially significant impacts have been avoided, offset, substantially lessened or reduced to less than significant levels in consideration of existing regulatory plans and programs (described in the Draft SEIR Section 4 for each applicable impact topic), PDFs (summarized in Draft SEIR Section 4 for each applicable impact topic) and EIR mitigation measures (provided in the Mitigation Monitoring and Reporting Program [MMRP] attached to these Findings as Exhibit A, and summarized below).
Aesthetics
Impact 4.1-4: Would the Project create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area?
Environmental Analysis: With adherence to the provisions of the MoVal 2040 GP, Moreno Valley MC, and the City’s outdoor lighting regulation, lighting and glare impacts and potential spillover of the Project would not occur on surrounding land uses or roadways. Operational impacts resulting from new sources of light or glare would be less than significant. However, construction would result in the temporary increase of spill light and glare from construction equipment, staging areas, lighting poles, and security lighting. In accordance with Moreno Valley MC §8.14.040, construction activities are permitted between the hours of 7 a.m. and 7 p.m. Monday through Friday, excluding holidays and from 8 a.m. to 4 p.m. on Saturday, unless written approval is obtained from the City building official or City engineer. Such activities are not permitted on Sundays or federal holidays. Therefore, impacts by construction lighting on nearby residences south of the Project site would be minimized Mitigation Measure (MM) AES-1 would be implemented which would require contractors to develop a Construction Lighting and Screening Plan to further minimize light and glare impacts during construction. Construction shall adhere to Moreno Valley MC §8.14.040 which limits the hours and days of construction. Security screening at night for the construction area would have directional lighting limited to that necessary for safety and security, as required by MM AES-1. In addition, construction lighting is temporary and shall cease upon Project completion. Therefore, in consideration of Project design features, MM AES-1, and adherence to applicable municipal codes, temporary construction impacts would be mitigated to less than significant levels.
Mitigation Measures: Based upon the analysis presented in Draft SEIR Section 4.1, Aesthetics of the Draft SEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will substantially lessen potentially significant impacts to less than significant.
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Packet Pg. 1384 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant with Mitigation Incorporated City of Moreno Valley 38 April 2023
MM AES-1: Prior to the start of construction, the Project Applicant shall prepare a Construction Lighting and Screening Plan. The Construction Lighting and Screening Plan should indicate aesthetic and lighting treatments for all construction work areas (i.e., maximum brightness values not to be exceeded by artificial bulbs, screening around Project site to limit light and glare, use of non-reflective glass, etc.). The Plan shall identify methods used to ensure construction lighting is directional (aimed toward work areas, and not toward nearby sensitive receptors), and limited to sufficient wattage for safety and security.
Construction areas visible to sensitive receptors shall be screened via curtains from public view.
Construction screening materials shall be of sufficient height and appropriate color to minimize viewshed impacts, as determined appropriate by the applicable jurisdiction(s).
Supportive Evidence: Please refer to Draft SEIR page 4.1-15 through 4.1-17.
Air Quality
Impact 4.2-3: Would the proposed project, expose sensitive receptors to substantial pollutant concentrations?
Environmental Analysis: The nearest sensitive receptors are the multi-family residences located 110 feet (33 meters) south of the Project. SCAQMD Local Significant Thresholds (LST) for CO, NO2, PM10, and PM2.5 were modeled with CalEEMod. Based on the CalEEMod Analysis provided in Draft SEIR Section 4.2, Air Quality, daily construction emissions would not result in significant concentrations of pollutants at nearby sensitive receptors. Therefore, the Project would result in a less than significant impact concerning LSTs during construction activities.
The majority of Project-related emissions, being generated by mobile sources driving to and from the site, would be emitted throughout a wide area defined by the origins and destinations of people traveling to and from the proposed Project. A Health Risk Assessment (HRA) (Health Risk Assessment: Moreno Valley Mall Redevelopment Project, prepared by Kimley-Horn, 2022) was conducted based on the SCAQMD’s Health Risk Assessment Guidance for Analyzing Cancer Risks from Mobile Source Emissions associated with the SR-60 freeway to future potential receptors located on the Project site. Air dispersion modeling was performed using the United States Environmental Protection Agency (U.S. EPA) AERMOD dispersion model in accordance with the SCAQMD Modeling Guidance for AERMOD. 29 Based on the AERMOD
dispersion analysis provided in Draft SEIR Section 4.2, Air Quality, the carcinogenic risk associated with the Project would be less than significant.
As described above, impacts related to cancer risk would be less than significant. Additionally, non‐ carcinogenic hazards are calculated to be within acceptable limits. It should be noted that the impacts assess the Project’s incremental contribution to health risk impacts, consistent with the SCAQMD guidance and methodology. The SCAQMD has not established separate cumulative thresholds and does not require combining impacts from cumulative projects. The SCAQMD considers projects that do not 29 South Coast Air Quality Management District (2006). SCAQMD Modeling Guidance for AERMOD. Available at http://www.aqmd.gov/home/airquality/meteorological-data/modeling-guidance. Accessed March 2022.
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Packet Pg. 1385 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant with Mitigation Incorporated City of Moreno Valley 39 April 2023
exceed the project-specific thresholds to generally not be cumulatively significant.30 Therefore, impacts related to health risk from the Project would be less than significant.
Mitigation Measures: Based upon the analysis presented in Draft SEIR Section 4.2, Air Quality of the Draft SEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will substantially lessen potentially significant impacts to less than significant.
MM AQ-1: Prior to issuance of grading permits, the applicant shall prepare and submit documentation to the City of Moreno Valley that demonstrate the following:
• All off-road diesel-powered construction equipment greater than 50 horsepower meets California Air Resources Board Tier 4 Final off-road emissions standards or incorporate CARB Level 3 Verified Diesel Emission Control Strategy (VDECS). Requirements for Tier 4 Final equipment shall be included in applicable bid documents and successful contractor(s) must demonstrate the ability to supply such equipment. A copy of each unit’s Best Available Control Technology (BACT) documentation (certified tier specification or model year specification), and CARB or SCAQMD operating permit (if applicable) shall be provided to the City at the time of mobilization of each applicable unit of equipment.
• All on-road heavy-duty haul trucks shall be model year 2010 or newer if diesel fueled. • Construction equipment shall be properly maintained according to manufacturer specifications.
All equipment maintenance records and data sheets, including design specifications and emission control tier classifications shall be kept onsite and furnished to the lead agency or other regulators upon request.
• All construction equipment and delivery vehicles shall be turned off when not in use, or limit onsite idling for no more than 5 minutes in any 1 hour. • On-site electrical hookups to a power grid shall be provided for electric construction tools including saws, drills, and compressors, where feasible, to reduce the need for diesel powered electric generators. Construction contracts shall require all off-road equipment with a power rating below 19 kilowatts (25 horsepower) (e.g., plate compactors, pressure washers, etc.) used during project construction to be battery powered.
• Prepare a construction traffic control plan detailing the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations, and designing the plan to minimize impacts to roads frequented by passenger cars, pedestrians, bicyclists, and other non-truck traffic.
• Provide information on transit and ridesharing programs and services to construction employees.
Supportive Evidence: Please refer to Draft SEIR page 4.2-30 through 4.2-39. 30 South Coast Air Quality Management District (August 2003). White Paper on Potential Control Strategies to Address Cumulative Impacts from Air Pollution.
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Packet Pg. 1386 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant with Mitigation Incorporated City of Moreno Valley 40 April 2023
Cultural Resources
Impact 4.3-2: Would the Project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
Environmental Analysis: According to the MoVal 2040 Final SEIR, the General Plan Concept Areas, which includes include the Project site, would avoid the known archaeological resources within the planning area. Additionally, the Project site is located outside of any archaeological sensitive areas that are delineated within the City of Moreno Valley.31 The updated literature/records search obtained by BCR Consulting (provided as Appendix D to the SEIR), indicates that there are no known archaeological resources within the Project site. However, in the event that that a potentially significant archaeological resource is encountered during Project-related ground-disturbing activities, Mitigation Measures would further minimize potential impacts to human remains.
Mitigation Measures: Based upon the analysis presented in Draft SEIR Section 4.3, Cultural Resources of the Draft SEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will substantially lessen potentially significant impacts to less than significant.
MM CUL-1: Archaeological Monitoring. Prior to the issuance of a grading permit, the Developer shall retain a professional archaeologist to conduct monitoring of all ground disturbing activities. The Project Archaeologist shall have the authority to temporarily redirect earthmoving activities in the event that suspected archaeological resources are unearthed during Project construction. The Project Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a CRMP as defined in MM CUL-3. The Project archeologist shall attend the pre-grading meeting with the City, the construction manager and any contractors and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance. The archaeological monitor shall have the authority to temporarily halt and redirect earth moving activities in the affected area in the event that suspected archaeological resources are unearthed.
MM CUL-2: Native American Monitoring. Prior to the issuance of a grading permit, the Developer shall secure agreements with the consulting Tribe(s) that request tribal monitoring for tribal monitoring. The City is also required to provide a minimum of 30 days’ advance notice to the tribes of all ground disturbing activities. The Native American Tribal Representatives shall have the authority to temporarily halt and redirect earth moving activities in the affected area in the event that suspected archaeological resources are unearthed. The Native American Monitor(s) shall attend the pre-grading meeting with the Project Archaeologist, City, the construction manager and any contractors and will conduct the Tribal Perspective of the mandatory Cultural Resources Worker Sensitivity Training to those in attendance.
MM CUL-3: Cultural Resource Monitoring Plan (CRMP). The Project Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a CRMP in consultation pursuant to the 31 Final Environmental Impact Report for the MOVAL 2040; Figure 4.5-2.
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Packet Pg. 1387 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant with Mitigation Incorporated City of Moreno Valley 41 April 2023
definition in AB52 to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the project site. A consulting Tribe is defined as a Tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB52 consultation process, and has completed AB 52 consultation with the City as provided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include:
a. Project description and location
b. Project grading and development scheduling;
c. Roles and responsibilities of individuals on the Project; d. The pre-grading meeting and Cultural Resources Worker Sensitivity Training details; e. The protocols and stipulations that the contractor, City, Consulting Tribe (s) and Project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation.
f. The type of recordation needed for inadvertent finds and the stipulations of recordation of sacred items.
g. Contact information of relevant individuals for the Project; MM CUL-4: Cultural Resource Disposition. In the event that Native American cultural resources are discovered during the course of ground disturbing activities (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries:
a. One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Moreno Valley Planning Department:
i. Preservation-In-Place of the cultural resources, if feasible. Preservation in place means avoiding the resources, leaving them in the place they were found with no development affecting the integrity of the resources.
ii. Onsite reburial of the discovered items as detailed in the treatment plan required pursuant to Mitigation Measure CR-1. This shall include measures and provisions to protect the future reburial area from any future impacts in perpetuity. Reburial shall not occur until all legally required cataloging and basic recordation have been completed. No recordation of sacred items is permitted without the written consent of all Consulting Native American Tribal Governments as defined in CR-3. The location for the future reburial area shall be identified on a confidential exhibit on file with the City, and concurred to by the Consulting Native American Tribal Governments prior to certification of the environmental document.
MM CUL-5: The City shall verify that the following note is included on the Grading Plan:
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Packet Pg. 1388 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant with Mitigation Incorporated City of Moreno Valley 42 April 2023
“If any suspected archaeological resources are discovered during ground–disturbing activities and the Project Archaeologist or Native American Tribal Representatives are not present, the construction supervisor is obligated to halt work in a 100-foot radius around the find and call the Project Archaeologist and the Tribal Representatives to the site to assess the significance of the find." MM CUL-6: Inadvertent Finds. If potential historic or cultural resources are uncovered during excavation or construction activities at the project site that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to Project approval, all ground disturbing activities in the affected area within 100 feet of the uncovered resource must cease immediately and a qualified person meeting the Secretary of the Interior's standards (36 CFR 61), Tribal Representatives, and all site monitors per the Mitigation Measures, shall be consulted by the City to evaluate the find, and as appropriate recommend alternative measures to avoid, minimize or mitigate negative effects on the historic, or prehistoric resource. Further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation. Work shall be allowed to continue outside of the buffer area and will be monitored by additional archeologist and Tribal Monitors, if needed. Determinations and recommendations by the consultant shall be immediately submitted to the Planning Division for consideration, and implemented as deemed appropriate by the Community Development Director, in consultation with the State Historic Preservation Officer (SHPO) and any and all Consulting Native American Tribes as defined in CR-2 before any further work commences in the affected area. If the find is determined to be significant and avoidance of the site has not been achieved, a Phase III data recovery plan shall be prepared by the Project Archeologist, in consultation with the Tribe, and shall be submitted to the City for their review and approval prior to implementation of the said plan.
MM CUL-7: Human Remains. If human remains are discovered, no further disturbance shall occur in the affected area until the County Coroner has made necessary findings as to origin. If the County Coroner determines that the remains are potentially Native American, the California Native American Heritage Commission shall be notified within 24 hours of the published finding to be given a reasonable opportunity to identify the “most likely descendant.” The “most likely descendant” shall then make recommendations, and engage in consultations concerning the treatment of the remains (California Public Resources Code 5097.98). (GP Objective 23.3, CEQA).
MM CUL-8: Non-Disclosure of Reburial Locations. It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 (r)., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254 (r).
MM CUL-9: Archeology Report - Phase III and IV. Prior to final inspection, the developer/permit holder shall prompt the Project Archeologist to submit two (2) copies of the Phase III Data Recovery report (if required for the Project) and the Phase IV Cultural Resources Monitoring Report that complies with the Community Development Department's requirements for such reports. The Phase IV report shall include F.2.r
Packet Pg. 1389 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant with Mitigation Incorporated City of Moreno Valley 43 April 2023
evidence of the required cultural/historical sensitivity training for the construction staff held during the pre-grade meeting. The Community Development Department shall review the reports to determine adequate mitigation compliance. Provided the reports are adequate, the Community Development Department shall clear this condition. Once the report(s) are determined to be adequate, two (2) copies shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and one (1) copy shall be submitted to the Consulting Tribe(s) Cultural Resources Department(s).
Supportive Evidence: Please refer to Draft SEIR page 4.3-11 through 4.3-14.
Transportation
Impact 4.7-3: Would the Project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
Basis for Conclusion: The Project would not create a significant traffic-related safety hazard. The Project roadways, ingress and egress, and interior circulation elements have been designed and would be constructed consistent with the City’s Department of Public Works Department standard drawings. There are no incompatible land uses proposed or in the vicinity of the Project Site, such as those utilizing farm equipment, that would result in a potential significant traffic safety hazard. Although construction would involve the use of large heavy-duty equipment such as rollers, graders, and dump trucks, all staging and construction areas would have appropriate signage and standard safety protocols as implemented by the Project Applicant through standard construction practices. Additionally, the Project would be required to comply City Engineering Standards on intersection sightlines, as well as design guideline DG – 118 of the SPA, which identifies visual obstructions within 15 feet of drives shall be prohibited. This would increase visibility for drivers along the roadways in and around the Project site to allow for safe travel. As such, potential impacts associated with design hazards would be less than significant.
Supportive Evidence: Please refer to Draft SEIR pages 4.7-20 through 4.7-22.
Impact 4.12-1: Would the Project conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Environmental Analysis: The Project does not propose elements or aspects that would conflict with a program, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. On a long-term basis, the Project may result in increased demand for public transportation as increased employment opportunities, hotel, and residential components of the Project become available on-site; however, transit agencies routinely review and adjust ridership schedules to accommodate public demand. Additionally, the Project proposes the relocation and expansion of the existing transit facilities on-site to provide additional coverage and encourage use of public transit facilities. Existing bus service will be maintained during construction and adequate loading areas will be maintained during Project operations throughout maintained negotiation and communication with the RTA. As such, there is no potential conflict with the local public transit service.
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Packet Pg. 1390 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Less Than Significant with Mitigation Incorporated City of Moreno Valley 44 April 2023
In addition to recommended improvements identified in the TIA, the Project would be required to pay a fair share development impact fee that is proportional to the Project’s impact on the City’s circulation network. Furthermore, the Project would be required to adhere to mitigation measure (MM) TRA-1 (although operational level of service is no longer a significant impact under CEQA per SB743). As such, the Project would be consistent with all applicable transportation and policies with the implementation of applicable previous SP-200 EIR measure, and impacts would be less than significant.
Mitigation Measures: Based upon the analysis presented in Draft SEIR Section 4.7, Transportation of the Draft SEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Imposition of these mitigation measures will substantially lessen potentially significant impacts to less than significant.
MM TRA-1: Construct all streets internal to the project to full ultimate cross-sections as adjacent Project development occurs and according to all applicable state and City of Moreno Valley Standards.
Construction of new driveways shall be reviewed and approved by the City of Moreno Valley’s Public Works prior to construction.
Supportive Evidence: Please refer to Draft SEIR pages 4.7-14 through 4.7-17.
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Packet Pg. 1391 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Significant and Unavoidable
City of Moreno Valley 45 April 2023
Section 6: Environmental Impacts Found to be Significant and Unavoidable
For the following significance thresholds, the City finds that, based upon substantial evidence in the record, the proposed Project would have a significant and unavoidable impact, for which no additional feasible mitigation measures are able to reduce impacts to less than significant levels.
Air Quality
Impact 4.2-1: Would the Project conflict with or obstruct implementation of the applicable air quality plan?
Environmental Analysis: The Project would exceed the construction NOX emission standards. In addition, operational emissions would exceed the operational standard for ROG despite the implementation of all feasible mitigation measures. Applicable mitigation measures are included to reduce operational emissions to the greatest amount feasible. However, even with mitigation, emissions would remain above SCAQMD thresholds. Therefore, the Project would potentially contribute to an existing air quality violation. Project emissions levels would remain significant and would contribute to the nonattainment designations in SCAB. Therefore, the Project would be inconsistent with the AQMP, resulting in a significant and unavoidable impact despite the implementation of mitigation.
Mitigation Measures: Based upon the analysis presented in Draft SEIR Section 4.2, Air Quality of the Draft SEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Even with implementation of regulatory requirements, standard conditions of approval, and reasonable and feasible mitigation, the Project would result in significant and unavoidable impacts with respect certain air quality standards, on an individual and cumulative basis.
MM AQ-1: Prior to issuance of grading permits, the applicant shall prepare and submit documentation to the City of Moreno Valley that demonstrate the following:
• All off-road diesel-powered construction equipment greater than 50 horsepower meets California Air Resources Board Tier 4 Final off-road emissions standards or incorporate CARB Level 3 Verified Diesel Emission Control Strategy (VDECS). Requirements for Tier 4 Final equipment shall be included in applicable bid documents and successful contractor(s) must demonstrate the ability to supply such equipment. A copy of each unit’s Best Available Control Technology (BACT) documentation (certified tier specification or model year specification), and CARB or SCAQMD operating permit (if applicable) shall be provided to the City at the time of mobilization of each applicable unit of equipment.
• All on-road heavy-duty haul trucks shall be model year 2010 or newer if diesel fueled. • Construction equipment shall be properly maintained according to manufacturer specifications.
All equipment maintenance records and data sheets, including design specifications and emission F.2.r
Packet Pg. 1392 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Significant and Unavoidable
City of Moreno Valley 46 April 2023
control tier classifications shall be kept onsite and furnished to the lead agency or other regulators upon request.
• All construction equipment and delivery vehicles shall be turned off when not in use, or limit onsite idling for no more than 5 minutes in any 1 hour. • On-site electrical hookups to a power grid shall be provided for electric construction tools including saws, drills, and compressors, where feasible, to reduce the need for diesel powered electric generators. Construction contracts shall require all off-road equipment with a power rating below 19 kilowatts (25 horsepower) (e.g., plate compactors, pressure washers, etc.) used during project construction to be battery powered.
• Prepare a construction traffic control plan detailing the locations of equipment staging areas, material stockpiles, proposed road closures, and hours of construction operations, and designing the plan to minimize impacts to roads frequented by passenger cars, pedestrians, bicyclists, and other non-truck traffic.
• Provide information on transit and ridesharing programs and services to construction employees.
MM AQ-2: Low VOC Paint. The Project Applicant shall require by contract specifications commercial development to use interior and exterior architectural coatings (paint and primer including parking lot paint) products that have a volatile organic compound rating of 50 grams per liter or less. Contract specifications shall be reviewed and approved by the City of Moreno Valley prior to the issuance of occupancy permits. This measure shall be made a condition of approval for continued upkeep of the property.
MM AQ-3: Vehicle Trip Reduction. Develop a qualifying Commute Trip Reduction (CTR)/ Transportation Demand Management (TDM) plan to reduce mobile GHG emissions for all uses. The TDM plan shall be approved by the City of Moreno Valley prior to the issuance of building permits and incorporated into the Project’s Codes Covenants and Restrictions (CC&Rs). The TDM plan shall discourage single-occupancy vehicle trips and encourage alternative modes of transportation such as carpooling, taking transit, walking, and biking. The following measures shall be incorporated into the TDM plan.
TDM Requirements for Non-Residential Uses:
The Project Applicant shall consult with the local transit service provider on the need to provide infrastructure to connect the Project with transit services. Evidence of compliance with this requirement may include correspondence from the local transit provider(s) regarding the potential need for installing bus turnouts, shelters, or bus stops at the site.
The portion of the TDM plan for non-residential uses shall include, but not be limited to the following potential measures: ride-matching assistance, preferential carpool parking, flexible work schedules for carpools, half-time transportation coordinators, providing a website or message board for coordinating rides, designating adequate passenger loading and unloading and waiting areas for ride-sharing vehicles, and including bicycle end of trip facilities. This list may be updated as new methods become available.
Verification of this measure shall occur prior to building permit issuance for the commercial uses.
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Packet Pg. 1393 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Significant and Unavoidable
City of Moreno Valley 47 April 2023
TDM Requirements for Residential Units:
Rental Units. Upon a residential dwelling being rented or offered for rent, the Project Applicant shall notify and offer to the tenant or prospective tenant, materials describing public transit, ridesharing, and nonmotorized commuting opportunities in the vicinity of the development. The materials shall be approved by the City of Moreno Valley. The materials shall be provided no later than the time the rental agreement is executed. This information shall be submitted to the City of Moreno Valley Planning Division for review and approval, prior to the issuance of the first certificate of occupancy.
MM AQ-4: Prohibition of Fireplaces. The installation of wood-burning and natural gas devices shall be prohibited. The purpose of this measure is to limit emissions of ROG, NOX, particulate matter and visible emissions from wood-burning and natural gas devices used for primary heat, supplemental heat, or ambiance. This prohibition shall be noted on the deed and/or lease agreements for future property owners/tenants to obey.
MM AQ-5: Electric Landscape Equipment. Prior to the issuance of occupancy permits, the Planning Division shall confirm that the Project’s Codes Covenants and Restrictions (CC&Rs) and/or tenant lease agreements include contractual language that all landscaping equipment used onsite shall be 100 percent electrically powered. All residential and non-residential properties shall be equipped with exterior electrical outlets to accommodate this requirement. This requirement shall be included in the third-party vendor agreements for landscape services for the building owner and tenants, as applicable.
MM AQ-6: Low VOC Cleaning Supplies. Prior to the issuance of occupancy permits, the Planning Division shall confirm that the Project’s Codes CC&Rs and/or tenant lease agreements include contractual language that all cleaning products used in public spaces will be EPA Safer Choice certified. This requirement shall be included in the third-party vendor agreements for the building owner and tenants, as applicable.
Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that significant and unavoidable impacts would result from Project implementation.
The City has balanced the economic, legal, social, technological, and other benefits of the Project against its significant and unavoidable impacts, and has determined that the benefits of the Project outweigh the unavoidable adverse impacts, and therefore, render those impacts “acceptable.” The City has documented its determination regarding significant and unavoidable impacts in the Statement of Overriding Considerations in Section 9 hereof.
Supportive Evidence: Please refer to Draft SEIR pages 4.2-20 through 4.2-22.
Impact 4.2-2: Would the proposed project, result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
Environmental Analysis: Construction associated with the Project would generate short-term emissions of criteria air pollutants. The criteria pollutants of primary concern within the Project area include O3- F.2.r
Packet Pg. 1394 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Significant and Unavoidable
City of Moreno Valley 48 April 2023
precursor pollutants (i.e., ROG and NOX) and PM10 and PM2.5. Construction-generated emissions are short term and of temporary duration, lasting only as long as construction activities occur, but would be considered a significant air quality impact if the volume of pollutants generated exceeds the SCAQMD’s thresholds of significance. The duration of construction activities associated with the Project is estimated to last approximately three years and eight months. Construction-generated emissions associated with the Project were calculated using the CARB-approved CalEEMod computer program, which is designed to model emissions for land use development projects, based on typical construction requirements.
According to the CalEEMod analysis presented in Draft SEIR Section 4.2, Air Quality, NOX construction emissions would remain above SCAQMD’s thresholds, therefore impacts would remain significant with mitigation.
In addition, unmitigated operational emissions would exceed the SCAQMD criteria pollutant thresholds for ROG. The majority of ROG emissions are from area and mobile sources. Mitigation measures would be required to reduce emissions to the maximum extent feasible; however, emissions of motor vehicles are controlled by State and Federal Standards and the Project has no control over these standards. The analysis provided by Draft SEIR Section 4.2, Air Quality demonstrates that despite the implementation of applicable mitigation measures, operational emissions would remain above the SCAQMD’s thresholds, therefore impacts would be significant and unavoidable.
Mitigation Measures: Based upon the analysis presented in Section 4.2, Air Quality of the Draft SEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Even with implementation of regulatory requirements, standard conditions of approval, and reasonable and feasible mitigation, the Project would result in significant and unavoidable impacts with respect to certain air quality standards, on an individual and cumulative basis.
MM: Refer to MMs AQ-1 through AQ-6 for the Project.
Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that significant and unavoidable impacts would result from Project implementation.
The City has balanced the economic, legal, social, technological, and other benefits of the Project against its significant and unavoidable impacts, and has determined that the benefits of the Project outweigh the unavoidable adverse impacts, and therefore, render those impacts “acceptable.” The City has documented its determination regarding significant and unavoidable impacts in the Statement of Overriding Considerations in Section 9 hereof.
Supportive Evidence: Please refer to Draft SEIR pages 4.2-22 through 4.2-30.
Greenhouse Gas Emissions
Impact 4.4-1: Would the Project generate GHG emissions, either directly or indirectly, that could have a significant impact on the environment?
Environmental Analysis: The Project would result in direct emissions of CO2, N2O, and CH4 from construction equipment and the transport of materials and construction workers to and from the Project F.2.r
Packet Pg. 1395 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Significant and Unavoidable
City of Moreno Valley 49 April 2023
site. The GHG emissions only occur during temporary construction activities and would be cease once construction is complete. The total GHG emissions (in CO2e) generated during construction are shown in Draft SEIR Section 4.4, Greenhouse Gas Emissions. As shown, the Project would result in the generation of approximately 20,371 MTCO2e over the course of construction. Construction GHG emissions are typically summed and amortized over a 30-year period, then added to the operational emissions. The amortized Project construction emissions would be 679 MTCO2e per year. Once construction is complete, the generation of these GHG emissions would cease.
The Project’s unmitigated emissions would be approximately 12,619 MTCO2e annually from both construction and operations. Project-related GHG emissions would exceed the 3,000 MTCO2e per year threshold. The majority of the GHG emissions are associated with non-construction related mobile sources. Implementation of applicable mitigation measures and standard conditions would reduce GHG emissions to 10,615 MTCO2e per year and the Project’s emissions would still exceed the 3,000 MTCO2e per year threshold. Additional mitigation to further reduce these emissions is not feasible. The TDM program required by MM AQ-3 will reduce GHG emissions from commuting however additional mitigation to reduce the Project’s mobile emissions is not feasible due to the limited ability of the City of Moreno Valley to address emissions resulting from mobile sources and/or emissions generated by cars and trucks outside of the City’s limits. As with all land use projects, the Project’s mobile and transportation related GHG emissions are a function of two parameters: emissions control technology and vehicle miles traveled (VMT). Additional mitigation to further reduce the Project’s non-mobile emissions is also not feasible. The Project’s mitigation measures and standard conditions address non-mobile emissions to extent possible.
As discussed further in Draft SEIR Section 4.4, Greenhouse Gas Emissions, the purchase of offset credits is not a feasible mitigation measure to reduce the emissions impact of the proposed Project. Therefore, despite the incorporation of all feasible mitigation measures, GHG emissions remain significant and unavoidable.
Mitigation Measures: Based upon the analysis presented in Section 4.4, Greenhouse Gas Emissions of the Draft SEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Even with implementation of regulatory requirements, standard conditions of approval, and reasonable and feasible mitigation, the Project would result in significant and unavoidable impacts with respect to consistency with GHG plans and GHG emissions, on an individual and cumulative basis.
MM: Refer to MMs AQ-3 through AQ-5 for the Project. In addition, the following additional mitigation measures are required.
MM GHG-1: Prior to the issuance of a building permit, the Project Applicant shall provide documentation to the City of Moreno Valley demonstrating that the new development portions of the Project, excluding existing retail spaces, (upon buildout) will meet or exceed 2019 CALGreen Tier 2 standards in order to exceed 2019 Title 24 energy efficiency standards by a minimum of 20 percent. In addition, the Project shall demonstrate additional measures to reduce overall on-site energy consumption by 20 percent, such as: 1) install solar photovoltaic (PV) panels or other source of renewable energy generation on-site; or 2) F.2.r
Packet Pg. 1396 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Significant and Unavoidable
City of Moreno Valley 50 April 2023
otherwise acquire energy from the local utility that has been generated by renewable sources (for example, Southern California Edison Green Rate).
MM GHG-2: For residential projects, all major appliances (e.g., dishwashers, refrigerators, clothes washers and dryers, and water heaters) provided/installed shall be Energy Star certified or of equivalent energy efficiency where applicable. These appliances must be included on the building plans and specifications and verified by the City’s Building and Safety Division during plan check and prior to the issuance of the Certificate of Occupancy.
MM GHG-3: The development shall divert a minimum of 75 percent of landfill waste. Prior to issuance of certificate of occupancy, a recyclables collection and load area shall be constructed in compliance with City standards for recyclable collection and loading areas.
Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that significant and unavoidable impacts would result from Project implementation.
The City has balanced the economic, legal, social, technological, and other benefits of the Project against its significant and unavoidable impacts, and has determined that the benefits of the Project outweigh the unavoidable adverse impacts, and therefore, render those impacts “acceptable.” The City has documented its determination regarding significant and unavoidable impacts in the Statement of Overriding Considerations in Section 9 hereof.
Supportive Evidence: Please refer to Draft SEIR pages 4.4-18 through 4.4-24.
Impact 4.4-2: Would the Project conflict with an applicable plan, policy, or regulation of an agency adopted for the purpose of reducing GHG emissions?
Environmental Analysis: The Project does not conflict with the applicable plans that are discussed above and therefore with respect to this particular threshold, the Project does not have a significant impact.
Despite plan consistency, the Project’s long-term operational GHG emissions would exceed the City’s significance threshold of 3,000 MTCO2e per year despite the implementation of applicable mitigation measures, thus the Project could impede California’s statewide GHG reduction goals for 2030 and 2050.
A potentially significant impact would therefore occur as a result of the proposed Project.
Mitigation Measures: Based upon the analysis presented in Section 4.4, Greenhouse Gas Emissions of the Draft SEIR, which is incorporated herein by reference, the following Mitigation Measures are feasible and are made binding through the MMRP. Even with implementation of regulatory requirements, standard conditions of approval, and reasonable and feasible mitigation, the Project would result in significant and unavoidable impacts with respect to consistency with GHG plans and GHG emissions, on an individual and cumulative basis.
MM: Refer to MMs AQ-3 through AQ-5 and MMs GHG-1 through GHG-3, above.
Finding: Pursuant to Public Resources Code Section 20181(a) and State CEQA Guidelines Section 15091(a), the City hereby finds that significant and unavoidable impacts would result from Project implementation.
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Packet Pg. 1397 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project Environmental Impacts Found to be Findings of Fact Significant and Unavoidable
City of Moreno Valley 51 April 2023
The City has balanced the economic, legal, social, technological, and other benefits of the Project against its significant and unavoidable impacts, and has determined that the benefits of the Project outweigh the unavoidable adverse impacts, and therefore, render those impacts “acceptable.” The City has documented its determination regarding significant and unavoidable impacts in the Statement of Overriding Considerations in Section 9 hereof.
Supportive Evidence: Please refer to Draft SEIR pages 4.4-24 through 4.4-29.
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Packet Pg. 1398 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact Alternatives to the Proposed Project
City of Moreno Valley 52 April 2023
Section 7: Alternatives to the Proposed Project
CEQA requires that an EIR describe a range of reasonable alternatives to the project, or to the location of the project, that could feasibly attain the basic objectives of the project, and to evaluate the comparative merits of the alternatives (14 CCR 15126.6[a]). The CEQA Guidelines direct that the selection of alternatives be governed by “a rule of reason” (14 CCR 15126.6[a], [f]). As defined by the CEQA Guidelines, “The range of alternatives required in an EIR is governed by a ‘rule of reason’ that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice. The alternatives shall be limited to ones that would avoid or substantially lessen any of the significant effects of the project. Of those alternatives, the EIR needs to examine in detail only the ones that the Lead Agency determines could feasibly attain most of the basic objectives of the project” (14 CCR 15126.6[f]). The Project objectives are set forth in Draft SEIR Section 1.0, Executive Summary. The Project’s unavoidable significant impacts are set forth in Draft SEIR Section 6.2, Significant Unaboidable Impacts.
Alternatives Rejected from Further Consideration
The CEQA Guidelines provide that this EIR should “identify any alternatives that were considered by the Lead Agency but were rejected as infeasible during the scoping process and briefly explain the reasons underlying the Lead Agency’s determination” (14 CCR 15126.6[c]). The following is a discussion of the proposed Project alternatives developed during the scoping and planning process and the reasons they were not selected for detailed analysis in this EIR.
With respect to the feasibility of potential alternatives to the proposed project, CEQA Guidelines §15126.6(t)(l) states, “Among the factors that may be taken into account when addressing the feasibility of alternatives are site suitability, economic viability, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries . . . and whether the proponent can reasonably acquire, control or otherwise have access to the alternative site.” In determining an appropriate range of project alternatives to be evaluated in this EIR, a number of possible alternatives were initially considered and then rejected. Project alternatives were rejected because they could not accomplish the basic objectives of the proposed Project; they would not have resulted in a reduction of significant adverse environmental impacts; or they were considered infeasible to construct or operate.
The following alternative has been rejected from further consideration:
Alternative Sites
In the case of the proposed Project, an alternative site is not considered appropriate as the “Project” by definition is the redevelopment of the existing Moreno Valley Mall. Although a new mall or similar uses proposed with the Project (hotel, office, residential) could be located at one or more alternative sites, no such site has been identified, and this would not achieve the primary objective of the Project of redeveloping the existing mall.
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Packet Pg. 1399 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact Alternatives to the Proposed Project
City of Moreno Valley 53 April 2023
For the above reasons, the Alternative Site Alternative was rejected from further consideration.
Alternatives Selected for Further Analysis
The following alternatives were addressed in the Draft SEIR:
1. “No Redevelopment”
2. “No Project/Existing Specific Plan”
3. “Reduced Density”
4. “No Residential”
Alternative 1: “No Redevelopment” Alternative
Description: The No Redevelopment Alternative assumes the Project would not be implemented and proposed land use and other improvements would not be constructed as related to proposed Project.
Note that this Alternative would not preclude future development concepts being pursued at the Project site at a later date.
Overall, the No Redevelopment Alternative would have reduced environmental impacts compared to the proposed Project and would avoid the two identified unavoidable significant impacts of the Project related to air quality and greenhouse gas emissions. However, this alternative would not accomplish the primary Project objective of redeveloping the Moreno Valley Mall and would not achieve MoVal 2040 GP goals for the site to create a “vibrant” “mixed-use” environment for the City. In addition, this Alternative would not preclude future development proposals for the site.
Finding: The City finds that specific economic, legal, social, technological, or other considerations make this alternative infeasible. The No Redevelopment Alternative would have reduced environmental impacts compared to the proposed Project and would avoid the two identified unavoidable significant impacts of the Project related to air quality and greenhouse gas emissions. However, this alternative would not accomplish the primary Project objective of redeveloping the Moreno Valley Mall and would not achieve MoVal 2040 GP goals for the site to create a “vibrant” “mixed-use” environment for the City. In addition, this Alternative would not preclude future development proposals for the site.
Supporting Evidence – Please refer to Draft SEIR Pages 6-5 through 6-7.
Alternative 2: “No Project/Existing Specific Plan” Alternative Description: Consistent with CEQA Guidelines Section 15126.6, the No Project/Existing Specific Plan Alternative assumes development of the Project site pursuant to existing General Plan and zoning designations, which would be pursuant to the current SP-200. The No Project/Existing Specific Plan Alternative would develop the Project site consistent with the prior approved Towngate 200 Specific Plan (SP-200) and consistent with the current MoVal 2040 GP. The No Project/Existing Specific Plan Alternative would be consistent with the Project site’s General Plan Zoning designation of Mixed-Use Community F.2.r
Packet Pg. 1400 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact Alternatives to the Proposed Project
City of Moreno Valley 54 April 2023
Overlay District and Land Use designation of Center Mixed Use (CEMU), which allows for a maximum density of 35 dwelling units per acre (du/ac), or a maximum of 3,252 dwelling units, and maximum permitted floor area ratio (FAR) of 1.25. The current SP-200 had also assumed development of an additional mall anchor at the site, which to date has not occurred. Furthermore, the Project does not propose additional uses not anticipated in the SP-200.
The General Plan allows the Floor Area Ratio (FAR) to be calculated on a site. The General Plan’s Center Mixed Use designation would allow up to 3.34-million square feet of mixed uses, inclusive of 2,150 residential uses, based on the maximum FAR of 1.25 and maximum of 30 units per acre over 61.4-acres of Planning Area 2.
Finding: The City finds that specific economic, legal, social, technological, or other considerations make this alternative infeasible. The No Project/Existing Specific Plan Alternative would have similar or greater environmental impacts compared to the proposed Project, and would not avoid the two identified unavoidable significant impacts of the Project related to air quality and greenhouse gas emissions. This alternative could accomplish the primary Project objective of redeveloping the Moreno Valley Mall and could also achieve MoVal 2040 GP goals for the site to create a “vibrant” “mixed-use” environment for the City, but this Alternative would not allow the City to provide additional housing and comply with state law requirements to meet Regional Housing Needs Assessment allocations.
Supporting Evidence – Please refer to Draft SEIR Pages 6-7 through 6-10.
Alternative 3: “Reduced Density” Alternative
Description: This Alternative would reduce the overall development density within the Project site – consisting of the proposed office, residential, and hotel uses – by 25 percent. This Alternative would result in smaller office, hotel, and residential buildings and associated parking and landscaped would be proportionately increased. This Alternative would reduce overall impacts to the site.
Finding: The City finds that specific economic, legal, social, technological, or other considerations make this alternative infeasible. The Reduced Density Alternative would have reduced environmental impacts compared to the proposed Project, although it would not avoid the two identified unavoidable significant impacts of the Project related to air quality and greenhouse gas emissions. This alternative could accomplish the primary Project objective of redeveloping the Moreno Valley Mall and could achieve MoVal 2040 GP goals for the site to create a “vibrant” “mixed-use” environment for the City, albeit with a reduction in the variety and quantity of mixed-use development provided. This Alternative may represent an under-utilization of one of the City’s primary mixed-use concept areas, intended to be major focal centers of the community.
Supporting Evidence – Please refer to Draft SEIR Pages 6-10 through 6-13.
Alternative 4: “No Residential” Alternative
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Packet Pg. 1401 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact Alternatives to the Proposed Project
City of Moreno Valley 55 April 2023
Description: Alternative 4 would entail the redevelopment of the existing Moreno Valley Mall and the proposed office, commercial, and hotel uses, but without the proposed residential component. Currently, the Project proposes the development of 1,377 residential units amongst four residential buildings primarily located in the eastern portion of the Project site, with the remaining 250 units located in the northern portion of the Project site. Residential buildings would range from four to seven stories high.
Three of the Project’s residential buildings would contain 40,000 square feet of plaza-level retail, that would remain with this Alternative.
Finding: The City finds that specific economic, legal, social, technological, or other considerations make this alternative infeasible. The No Residential Alternative would have reduced environmental impacts compared to the proposed Project, although it would not avoid the two identified unavoidable significant impacts of the Project related to air quality and greenhouse gas emissions. This alternative could accomplish the primary Project objective of redeveloping the Moreno Valley Mall and could achieve MoVal 2040 GP goals for the site to create a “vibrant” “mixed-use” environment for the City, albeit with the elimination of residential units representing an important omission in the desired variety and quantity of mixed-use development provided. As a result, this Alternative would not allow the City to provide additional housing and comply with state law requirements to meet Regional Housing Needs Assessment allocations. This Alternative may represent an under-utilization of one of the City’s primary mixed-use concept areas, intended to be major focal centers of the community.
Supporting Evidence – Please refer to Draft SEIR Pages 6-13 through 6-15.
Environmentally Superior Alternative
Section 15126.6(e)(2) of the CEQA Guidelines requires that an environmentally superior alternative be designated and states that if the environmentally superior Alternative is the No Project Alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives. Based on the summary of information presented in Section 6 of the Draft SEIR, the environmentally superior Alternative is Alternative 3: Reduced Density. Because Alternative 3 would reduce the development footprint by 25 percent, this Alternative has fewer environmental impacts than the proposed Project or any of the other alternatives, particularly as it relates to impacts to air quality, GHG, noise, and transportation.
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Packet Pg. 1402 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact Additional CEQA Considerations
City of Moreno Valley 56 April 2023
Section 8: Additional CEQA Considerations
Significant and Irreversible Environmental Changes (Draft SEIR Section 5.2) The CEQA Guidelines §15126.2(d), requires a discussion of any significant irreversible environmental changes that would be caused by a proposed project.
The Project would not involve the utilization of nonrenewable resources in a manner that would make their nonuse or removal unlikely. Nonrenewable resources associated with the development of the Project site would include fossil fuels. Fossil fuels would serve as energy sources during both Project construction and operations. Fossil fuels would act as transportation energy sources for construction vehicles and heavy equipment during the construction period and by vehicles and equipment used during Project operations. Though the Project would endeavor to utilize fossil fuels efficiently, their use would be vital for construction and operations activities, making their nonuse unlikely. However, the Project would not require the continued use of fossil fuels at the end of its operational life. By nature of being a nonrenewable resource, fossil fuels, once consumed, cannot be replaced. Those fuels, once spent, may be transformed into another form of matter such as exhaust or smoke. Standard vehicles and equipment used by the Project in both construction and operational phases would likely utilize fossil fuels. Some construction and operational equipment such as forklifts may be electrified and therefore not rely on fossil fuels. Energy-efficient equipment would be utilized according to their availability and in order to comply with energy regulations and policies for the Project as a whole as it pertains to residential, office, hospitality, and commercial uses. The Project does not propose any fueling stations and would not likely store significant amounts of fossil fuels on the site. Fossil fuels on-site would not be stored in a manner that would make their removal unlikely. No infrastructure is proposed to store fossil fuels in large amounts or without the ability of removal.
The Project would also require the commitment of land on which the Project would be developed for a mixed-use of residential, office, hospitality, and commercial uses. Similarly, land is a finite resource in that once developed and in active use it removes the ability for that land to be used for other purposes.
However, development of the Project site would not eliminate the possibility of redevelopment in the future.
Impacts associated with the Project are largely less than significant with mitigation applied. The majority of identified impacts, not adequately covered by the previous EIR, were anticipated to create a less than significant impact or no impact, with the exception of air quality and greenhouse gas emissions.
Once development of the proposed project occurs, it would not be feasible to return the developed land to its existing (pre-project) condition. In addition, the redevelopment is proposed with the intent to last a long time. However, because the project site is already developed with urban uses, redevelopment under the proposed project would not represent a substantial change in land use.
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Packet Pg. 1403 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact Additional CEQA Considerations
City of Moreno Valley 57 April 2023
The Project’s development is anticipated to produce some significant and unavoidable impacts based on analyses conducted in Draft SEIR Section 4.2, Air Quality and Section 4.4, Greenhouse Gas Emissions.
These impacts would also affect the surrounding environment.
The use of materials considered hazardous waste would be minimal; mostly used for cleaning, landscaping, and operational maintenance. Compliance with federal, state, and local regulations would ensure that the usage and storage of any hazardous materials and waste would be completed in the safest and most efficient manner. Similarly, the Project would comply with any federal, state, and local air quality and water quality regulations to further ensure the least amount of environmental impact. The mixed-use nature of the Project is unlikely to lead to impacts that would commit future generations and developments to similar uses. Therefore, the Project would not influence future development in that land area as the existing land use designations would be unchanged.
The Project is intended to develop residential, commercial, hospitality, and office facilities and is not anticipated to release hazardous material into the environment. Construction and operation of the Project would utilize chemical substances common with typical construction, landscaping, and cleaning activities and do not generally pose a significant hazard to the public or environment. However, in the event that hazardous materials are either used or stored on the Project site, National Pollutant Discharge Elimination System (NPDES) and Occupational Safety and Health Administration (OHSA) requirements would both reduce the significance of any impacts and ensure the Project’s compliance with any Federal, State, and local policy regarding hazardous materials and accidents.
The Project would comply with any applicable federal, state, and local regulations and laws regarding the use of resources during both construction and operations. As analyzed in Draft SEIR Section 4.8, Utilities and Service Systems, development of the Project would not significantly impact water, electricity, solid waste, and telecommunications resources. It was found that the Easter Municipal Water District (EMWD), the water supplier for the City and Project site, is able to meet the Project’s expanded demand. Further, development of the Project would include the use of energy-efficient design and materials in accordance with the most recent Federal, State, and local regulations. Therefore, resources used for the Project, including energy, would be done in an efficient, justifiable manner.
Growth Inducing Impacts (Draft SEIR Section 5.3)
In regard to economic or population growth, the Project, when implemented, would directly induce population growth in the City through the development of 1,627 new dwelling units and commercial uses.
Utilizing an average of 3.86 persons per household, the Project would result in a population increase of approximately 6,329 persons in the City. Compared to the previously approved SP-200, the Project is less intensive and less of a demand on resources through reducing the number of proposed dwellings by half, from 3,252 to 1,627 new dwelling units. The Project’s residential component is inherently growth-inducing and, generally, new businesses tend to also directly translate into population growth. Therefore, as discussed further below, although the Project would directly and indirectly induce economic and population growth, this growth is consistent with local and regional planning documents and is therefore F.2.r
Packet Pg. 1404 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact Additional CEQA Considerations
City of Moreno Valley 58 April 2023
not considered a significant impact in itself. The environmental impacts of construction and operation of the Project are addressed throughout the Draft SEIR.
As discussed in Section 3.0, Project Description of the Draft SEIR, the original Towngate Specific Plan No.
SP-200 was approved by the City of Moreno Valley in 1987 which would have allowed for a maximum of 3,252 residences on approximately 92.9 acres, or a density of 35 dwelling units per acre. Compared to the currently approved SP-200, the Project proposes approximately half of the residential dwelling units at a maximum of 1,627 units, or a density of 23 dwelling units per acre. Ultimately, the overall density of the proposed Project would be less than is envisioned in both the 2006 General Plan and the current MoVal 2040 GP.
Based on the Project’s 1,627 dwelling units and the Department of Finance (DOF) 3.86 person per household ratio, the Project would add approximately 6,329 persons to the City. The anticipated population growth is equivalent to two percent of SCAG’s 266,800 estimated City population by 2045.
Not only does the introduction of new housing contribute to population growth, but generally new businesses tend to also translate into population growth. Because the Project would add population and new businesses, it is anticipated that new Project residents would fill some of the job needs. Due to the Project’s proximity to Interstate 215 (I-215), California State Route 60 (SR-60), and other cities, some jobs could be filled by neighboring residents. New commercial uses would provide a variety of job opportunities, which may induce some workers to relocate to the City and seek housing.
While the Project would, directly and indirectly, lead to increased population, housing, and employment, this growth is planned growth. Additionally, due to the reduced number of dwelling units, the Project is less impactful than the currently approved Specific Plan No. SP-200 and regional growth forecasts.
Therefore, this is not considered a significant growth-inducing impact.
Additionally, the Project would remove obstacles to population growth. The Project has been designed to primarily focus future development and redevelopment within Concept Areas that consist of vacant or underutilized land along major transit corridors. To accommodate this new growth pattern, it is anticipated that sewer line improvements would be required in these areas, including a new sewer line to collect wastewater and a new trunk sewer to convey the flows to the wastewater treatment plant.
The Project does include the extension and construction of infrastructure to support the Project. This Draft SEIR analyzes potential environmental impacts related to the proposed infrastructure including offsite sewer and drainage facilities, as well as off-site road improvements. The off-site sewer and water facilities are intended to serve the Project and are not anticipated to represent removal of an obstacle to other future development and, as such, is not considered a significant growth-inducing impact.
Improvements to the Project’s adjacent streets would also include monitoring the need for traffic signals or roundabouts along Town Circle as well as contributing to intelligent transport system improvements (such as fiber optic interconnect, closed-circuit television (CCTV), or traffic signal controller improvements) along Frederick Street. The environmental impacts associated with the facility improvements associated with the Project have been analyzed in Section 4.1, Aesthetics through Section F.2.r
Packet Pg. 1405 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact Additional CEQA Considerations
City of Moreno Valley 59 April 2023
4.8, Utilities and Service Systems of the Draft SEIR. In consideration of potentially significant impacts which were not minimized by the Project design features, or previously adopted SP 200 EIR mitigation measures, additional EIR mitigation measures have been identified which, when implemented, would reduce potential impacts stemming from the Project’s development to less than significant levels (with the exception of impacts associated with air quality and greenhouse gas emissions, which would remain significant and unavoidable). Further, the proposed Project would not require the expansion of utility facilities such as water treatment plants or landfills. Adequate capacity was concluded for each of those facilities.
The Project would not require the construction of new or expanded facilities that would cause significant environmental effects. As discussed in Draft SEIR Section 4.8, Utilities and Service Systems, the Project site is currently disturbed and developed with commercial uses and existing utility infrastructure.
Implementation of the Project would require expanded public services and utilities, the majority of which would be located on-site. Draft SEIR Section 4.8, Utilities and Service Systems, describes proposed offsite sewer improvements, which would occur entirely within existing streets and developed areas. Draft SEIR Section 4.7, Transportation, describes various off-site road improvements for which the Project would either construct or fund a fair share of, including contributing to improvements in the Canyon Spring Traffic Impact Analysis. These off-site road improvements, that include restriping and intelligent transport system improvements, would not result in significant environmental impacts. Other than these impacts from off-site improvements, the Project is not anticipated to require new or expanded off-site facilities that would result in significant environmental impacts.
Mandatory Findings of Significance (Draft SEIR Section 5.4) In regard to habitats and wildlife, the Project would have less than significant impacts to biological resources, due to the lack of biological resources within the Project site. Section 7.0, Effects Found not to be Significant, of the Draft SEIR addresses impacts that might relate to the reduction of fish or wildlife habitat or populations and the reduction or restriction of the range of special status species as a result of Project implementation.
The Project would not achieve short term environmental goals to the detriment of long-term environmental goals. The Project involves the redevelopment of the approximately 58.6-acre Moreno Valley Mall as a mixed-use town center that includes housing. Section 5.1, Significant Irreversible Environmental Changes, of the Draft SEIR addresses the short-term and irretrievable commitment of natural resources to ensure that the consumption is justified on a long-term basis. In addition, Section
1.0, Executive Summary, identifies all significant and unavoidable impacts that could occur that would result in a long-term impact on the environment. Lastly, Draft SEIR Section 5.3, Growth-Inducing Impacts identifies any long-term environmental impacts associated with economic and population growth that are associated with the Project.
Regarding cumulatively considerable impacts, the Draft SEIR provides a cumulative impact analysis for all thresholds that result in a less than significant impact, a potentially significant impact unless mitigated, or F.2.r
Packet Pg. 1406 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact Additional CEQA Considerations
City of Moreno Valley 60 April 2023
a significant and unavoidable impact. Cumulative impacts are addressed for each of the environmental topics listed above and are provided in Draft SEIR Sections 4.1 through 4.8. Where the Project may result in cumulatively considerable impacts that are significant and unavoidable, these are summarized in the respective Draft SEIR section.
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Packet Pg. 1407 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact Exhibit A
City of Moreno Valley 61 April 2023
Section 9: Statement of Overriding Considerations
Pursuant to PRC § 21081(b), and CEQA Guidelines § 15093(a) and (b), the decision-making agency is required to balance, as applicable, the economic, legal, social, technological, or other benefits of the project against its unavoidable environmental risks when determining whether to approve a project. If the specific economic, legal, social, technological, or other benefits of the project outweigh the unavoidable adverse environmental effects, those effects may be considered “acceptable” (14 CCR § 15093 (a)). CEQA requires the agency to support, in writing, the specific reasons for considering a project acceptable when significant impacts are not avoided or substantially lessened. Those reasons must be based on substantial evidence in the Final SEIR or elsewhere in the administrative record (14 CCR § 15093(b)).
The following provides a description of the project’s significant and unavoidable adverse impact and the justification for adopting a statement of overriding considerations.
Significant and Unavoidable Impacts
The City identifies the following significant unavoidable adverse impacts of the Project, which would continue to be applicable upon implementation of the proposed project:
Air Quality
• The Project would conflict or obstruct implementation of an applicable air quality plan. • The Project would result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard.
• The Project would result in significant cumulative air quality impacts.
Greenhouse Gas Emissions
• The Project would generate GHG emissions, either directly or indirectly, that would have a significant impact on the environment.
• The Project would conflict with an applicable plan, policy, or regulation of an agency adopted for the purpose of reducing GHG emissions.
• The Project would result in significant cumulative GHG emissions.
Project Benefits in Support of the Statement of Overriding Considerations The following section describes the benefits of the proposed Project that outweigh the project’s unavoidable adverse effects and provides specific reasons for considering the Project acceptable even though the Final SEIR has indicated that there will be eight significant and unavoidable project impacts if the mitigation measures for Impacts 4.2-1, 4.2-2, 4.4-1, and 4.4-2, are implemented. Accordingly, this Statement of Overriding Considerations regarding potentially significant adverse environmental impacts F.2.r
Packet Pg. 1408 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact Exhibit A
City of Moreno Valley 62 April 2023
resulting from the proposed Project, as set forth below, has been prepared. Pursuant to CEQA Guidelines §15093(c), the Statement of Overriding Considerations will be included in the record of the Project approval and will also be noted in the Notice of Determination. Each of the benefits identified below provides a separate and independent basis for overriding the significant environmental effects of the proposed Project.
Having reduced the potential effects of the proposed Project through all feasible mitigation measures as described previously herein, and balancing the benefits of the proposed Project against its potential unavoidable adverse impacts, the City finds that the following legal requirements and benefits of the proposed Project individually and collectively outweigh the potentially significant unavoidable adverse impacts for the following reasons:
1. Implements the Objectives Established for the Proposed Project The Project approval will implement key objectives including:
• revitalizing the existing Moreno Valley Mall site;
• creating a long-term development plan that encourages and facilitates new uses of high quality and design;
• providing a mixed-use village that serves as a regional anchor to the area and draws upon the vibrancy of established neighborhoods, business, and community amenities nearby; • integrating the Project into an established urban fabric and established neighborhoods; • providing a mixture of uses that reduces vehicle miles traveled through internal capture of trips and carries out the intent of the City’s Climate Action Plan; • facilitating private investment in the development; enabling flexibility in development while achieving community goals;
• providing a mixture of high-quality housing and ground level commercial uses; provide a circulation system that is responsive to the needs of multimodal travel; • provide landscaping appropriate to the level of development and sensitive to the surrounding areas;
• establish architecture which enhances the property with timeless architectural style; • provides a visually harmonious development as viewed both internally and externally; • promoting a project that has an architectural language promoting the varied uses while working with the contextual and regional vernacular of southern California; and • providing adequate parking including a shared parking program.
2. Provides Employment Opportunities
The Project would result in construction of new mixed-use commercial, office, and residential development in addition to revitalizing the existing mall that would increase employment opportunities F.2.r
Packet Pg. 1409 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact Exhibit A
City of Moreno Valley 63 April 2023
for City and area residents, including construction jobs and quality long-term employment opportunities at a variety of wage levels.
3. Attainment of City RHNA Goals
The Project would facilitate the City’s progress toward providing additional housing and comply with state law requirements to meet Regional Housing Needs Assessment allocations, while providing housing in close proximity to retail and transit.
4. Consistency with the 2040 General Plan
The Project site was identified by the MoVal 2040 GP as a desirable site for redevelopment. The Project proposes redevelopment in a way that is consistent with the MoVal 2040 GP’s vision for a vibrant, mixeduse town center. The MoVal 2040 GP Land Use and Community Character Element places an emphasis on mixed-use, pedestrian-friendly developments that provide quality public spaces and quality architectural design. The Project includes the co-location of residential and new retail opportunities within close walking distance and joined by pedestrian-oriented streetscapes. The Project proposes an internal circulation system responsive to the needs of vehicular, bicycle, and pedestrian travel. The private urban streets within the plan are designed for comfortable, safe, and convenient pedestrian movement rather than being vehicular-focused. Small urban plazas, sidewalk seating, and rest zones create refuge nodes for visitors, and contribute to a more intimate walkable feel. The Project would provide a mixture of uses that reduces vehicle miles traveled through internal capture of trips. Additionally, the Project would set forth noise and pollution reduction methods consistent with the noise element and environmental justice element of the MoVal 2040 GP. As required by the MoVal 2040 GP, the Project would also participate in applicable transportation fee programs and benefit assessment districts. Ultimately, the Project would further the MoVal 2040 GP’s goals of fostering walkable, mixed-use development and revitalizing the existing Moreno Valley mall in a way that enhances circulation, safety, and the user experience.
5. Consistency with the Regional Goals in the RTP/SCS
SCAG’s 2020-2045 RTP/SCS was adopted September 3, 2020. The RTP/SCS identifies that land use strategies that focus on new housing and job growth in areas served by high quality transit and other opportunity areas would be consistent with a land use development pattern that supports and complements the proposed transportation network. The overarching strategy in the 2020-2045 RTP/SCS is to provide for a plan that allows the southern California region to grow in more compact communities in existing urban areas; provide neighborhoods with efficient and plentiful public transit and abundant and safe opportunities to walk, bike, and pursue other forms of active transportation; and preserve more of the region’s remaining natural lands.
The proposed Project would add to the economic development of the region by adding new employment opportunities and creating a regional commercial hub. This would provide both temporary and permanent employment opportunities and add to the tax base and generate revenue for the City, consistent with SCAG RTP/SCS goals for economic prosperity. In addition, the Project includes a circulation F.2.r
Packet Pg. 1410 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 100999\16545456v1
Moreno Valley Mall Redevelopment Project
Findings of Fact Exhibit A
City of Moreno Valley 64 April 2023
system that would provide efficient access to the site and connections to the regional transportation network. Internal circulation would be characterized by pedestrian-oriented design that places an emphasize on safety and security, as well as mobility of multiple modes of transportation. The multiple existing and proposed transportation options would support diverse housing types, as the Project would further the development of mixed-use multi-family housing in the area. Additionally, all modes of public and commercial transit throughout the Project area would be required to follow safety standards set by state, regional, and local regulations. The proposed Project would preserve and ensure access to the local public transportation near the Project site. Moreover, the proposed Project would incorporate energy efficiency and sustainability strategies.
CONCLUSION
The City Council of Moreno Valley has balanced the Project’s benefits against the significant unavoidable impacts. The City Council finds that the proposed Project’s benefits, which aim to meet the goals and policies of the City of Moreno Valley 2040 General Plan, outweigh the Project’s significant unavoidable impacts, and these impacts, therefore, are considered acceptable in the light of the Project’s benefits. The City Council finds that each of the benefits described above is an overriding consideration, independent of the other benefits, that warrants approval of the Project notwithstanding the Project’s significant unavoidable impact.
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Packet Pg. 1411 Attachment: Exhibit C to Resolution 2023-XX Statement of Overriding Considerations1 (6251 : Moreno Valley Mall Redevelopment) 1 Resolution No. 2023-XX
Date Adopted: _________________
RESOLUTION NUMBER 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 38420 (PEN22-0061) FOR THE MORENO VALLEY MALL REDEVELOPMENT
PROJECT LOCATED WITHIN THE TOWNGATE SPECIFIC PLAN
(SP200)- PLANNING AREA 2 (APN’S 488- 340-002 THROUGH 488-340- 012)
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California, and has the authority to approve Parcel Maps pursuant the Subdivision Map Act as set forth in Government Code sections 66410 et seq. and Chapter 914 (Land Divisions) of Title 9 (Planning & Zoning) of the Moreno Valley Municipal Code; and
WHEREAS, Moreno Valley Mall Holding, LLC, a limited liability company (the “Applicant”) proposes the revitalization and redevelopment of a portion of the existing Moreno Valley Mall, which includes associated private internal driveways, parking facilities, and private/public infrastructure (the “Proposed Project”), as more fully described in the Final Subsequent Environmental Impact Report (FSEIR)(SCH# 2022040136), a copy of which is incorporated herein by this reference as though set forth in full; and
WHEREAS, the proposal is to construct the Proposed Project on land bounded by a loop road (Town Circle), located just south of the SR-60 and east of the I-215 (APN’s 291-110-032, 291-110-033, 291-110-034, 291-110-035) (“Project Site”); and WHEREAS, the Applicant has filed an application for the approval of Tentative Parcel Map 38420 to subdivide the Project Site’s four (4) existing parcels into twenty-two (22) parcels within Planning Area 2A of the Towngate Specific Plan (SP-200), in connection with its Specific Plan Amendment (SPA) for modification to SP-200, creating two subareas: PA 2A and PA 2B; and
WHEREAS, the Proposed Project has been evaluated in accordance with Chapter
9.14 (Land Divisions) of Title 9 (Planning & Zoning) of the Municipal Code and other applicable laws and regulations; and
WHEREAS, Chapter 9.14 of Title 9 (Planning & Zoning) of the Municipal Code imposes conditions of approval upon projects for which a Tentative Parcel Map is required, which conditions may be imposed by the Planning Commission to address on-site improvements, off-site improvements, the manner in which the site is used and any other conditions as may be deemed necessary to protect the public health, safety and welfare and ensure that the Proposed Project will be developed in accordance with the purpose and intent of Title 9 (Planning and Zoning) of the Municipal Code; and WHEREAS, Staff presented for the Planning Commission’s consideration Conditions of Approval to be imposed upon Tentative Parcel Map 38420 (PEN22-0061), F.2.s
Packet Pg. 1412 Attachment: Resolution No. 2023-XX TPM [Revision 2] (6251 : Moreno Valley Mall Redevelopment) 2 Resolution No. 2023-XX
Date Adopted: _________________
which conditions have been deemed necessary to protect the public health, safety and welfare and ensure that the Proposed Project will be developed in accordance with the purpose and intent of Title 9 (Planning and Zoning) of the Municipal Code; and WHEREAS, pursuant to the provisions of Section 9.02.200 (Public Hearing and Notification Procedures) of the Municipal Code and Government Code section 65905, a public hearing was scheduled for April 27, 2023, and notice thereof was duly published and posted, and mailed to all property owners of record within 600 feet of the Site; and WHEREAS, on April 27, 2023, the public hearing to consider the Application was duly conducted by the Planning Commission at which time all interested persons were provided with an opportunity to testify and to present evidence; and WHEREAS, consistent with the requirements of Chapter 9.14 (Land Divisions) of Title 9 (Planning and Zoning) of the Municipal Code, at the public hearing the Planning Commission considered Conditions of Approval to be imposed upon Tentative Parcel Map 38420 (PEN22-0061), which conditions were prepared by Planning Division staff who deemed said conditions to be necessary to protect the public health, safety and welfare and to ensure the Proposed Project will be developed in accordance with the purpose and intent of Title 9 (Planning and Zoning) of the Municipal Code; and WHEREAS, at the public hearing, the Planning Commission considered whether each of the requisite findings specified in Section 9.14.070 (Denial of Tentative Land Division Maps) of Title 9 (Planning & Zoning) 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 April 27, 2023, in accordance with the provisions of the California Environmental Quality Act (CEQA1) and CEQA Guidelines2, the Planning Commission considered and recommended that the City Council certify a Subsequent Environmental Impact Report for the Project.
WHEREAS, on May 16, 2023, the public hearing to consider the Proposed Project was duly conducted by the City Council at which time all interested persons were provided with an opportunity to testify and to present evidence; and WHEREAS, on May 16, 2023, in accordance with the provisions of the California Environmental Quality Act (CEQA) and CEQA Guidelines, the City Council considered and adopted Resolution 2023-__ approving and adopting the Proposed Project’s Subsequent Environmental Impact Report for the Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1 Public Resources Code §§ 21000-21177
2 14 California Code of Regulations §§15000-15387
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Packet Pg. 1413 Attachment: Resolution No. 2023-XX TPM [Revision 2] (6251 : Moreno Valley Mall Redevelopment) 3 Resolution No. 2023-XX
Date Adopted: _________________
Section 1. Recitals and Exhibits
That the foregoing Recitals and attached Exhibits are true and correct and are hereby incorporated by this reference.
Section 2. Notice Pursuant to Government Code Section 66020 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; and these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the ninety-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun.
Section 3. Evidence
That the City Council has considered all of the evidence submitted into the Administrative Record related to the Project on file with the Community Development Department, including, but not limited to, the following:
(a) Moreno Valley General Plan, the Specific Plan 200, and all other relevant provisions contained therein;
(b) City’s Zoning Atlas and 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 38420 to subdivide the Project Site’s 4 parcels into 22 parcels; and
(d) Draft and Final SEIR and all related notices, studies, reports, public comments and responses thereto;
(e) Conditions of Approval (PEN22-0061);
(f) Proposed Mitigation Monitoring and Reporting Program (MMRP) and the findings and determinations contained therein;
(g) Proposed Statement of Overriding Considerations and the findings and determinations contained therein;
(h) Staff report prepared for the City Council’s consideration and all documents, records, and references related thereto, and Staff’s presentation at the public hearing;
(i) Testimony and/or comments from Applicant and its representatives during the public hearing;
(j) Testimony and/or comments from all persons that was provided in written format or correspondence, at or prior to the public hearing; (k) Planning Commission Staff Report and all exhibits, attachments, documents, records and references related thereto and the findings and determinations contained therein;
(l) Presentation and comments submitted at the Planning Commission Public Hearing by City staff and consultants;
(m) Testimony and/or comments submitted at the Planning Commission Public F.2.s
Packet Pg. 1414 Attachment: Resolution No. 2023-XX TPM [Revision 2] (6251 : Moreno Valley Mall Redevelopment) 4 Resolution No. 2023-XX
Date Adopted: _________________
Hearing by the Applicant and its representatives; and
(n) Testimony and/or comments submitted for consideration at the Planning Commission Public Hearing by all persons that were provided in written format or correspondence, at, or prior to, the Planning Commission Public Hearing.
Section 4. Findings
That based on the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the City Council hereby finds as follows:
(a) That the proposed map is consistent with applicable general and specific plans and the zoning ordinance;
(b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans;
(c) That the site 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;
(e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
(f) That the design of the subdivision or type of improvements is 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 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 not 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 were considered and balanced against the public service needs of the residents of Moreno Valley and available fiscal and environmental resources.
Section 5. Approval
That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings set forth above, the City Council approve Tentative Parcel Map No. 38420 (PEN22-0061) subject to the Conditions of Approval attached hereto as Exhibit A.
Section 6. Repeal of Conflicting Provisions
That all the provisions as heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.
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Packet Pg. 1415 Attachment: Resolution No. 2023-XX TPM [Revision 2] (6251 : Moreno Valley Mall Redevelopment) 5 Resolution No. 2023-XX
Date Adopted: _________________
Section 7. Severability
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 8. Effective Date
That this Resolution shall take effect immediately upon the date of adoption.
Section 9. Certification
That the Secretary of the City Council shall certify to the passage of this Resolution.
PASSED AND ADOPTED THIS 16th day of May 2023
CITY OF MORENO VALLEY
CITY COUNCIL
________________________________
Ulises Cabrera,
Mayor of the City of Moreno Valley
ATTEST:
________________________________
Jane Halstead, City Clerk
APPROVED AS TO FORM:
________________________________
Steven B. Quintanilla,
Interim City Attorney
Exhibits:
Exhibit A: Conditions of Approval (PEN22-0061)
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Packet Pg. 1416 Attachment: Resolution No. 2023-XX TPM [Revision 2] (6251 : Moreno Valley Mall Redevelopment) Exhibit A
CONDITIONS OF APPROVAL PEN22-0061
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Packet Pg. 1417 Attachment: Resolution No. 2023-XX TPM [Revision 2] (6251 : Moreno Valley Mall Redevelopment)
CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN22-0061)