Agenda packet, regular meeting — Moreno Valley City Council, September 5, 2023 (part 3 of 8)

underground infiltration basin on the south side of the property. A storm drain manhole
shall be placed at the right-of-way line to mark the beginning of the publicly maintained portion of this storm drain.

87. This project shall submit civil engineering design plans, reports and/or documents (prepared by a registered/licensed civil engineer) for review and approval by the City Engineer per the current submittal requirements, prior to the indicated threshold or as required by the City Engineer. The submittal consists of, but is not limited to, the following:
a. Map (recordation prior to building permit issuance); b. Rough grading w/ erosion control plan (prior to grading permit issuance); c. Precise grading w/ erosion control plan prior to grading permit issuance); d. Street, Storm Drain, Sewer, Water (prior to encroachment permit issuance); e. Final drainage study (prior to grading plan approval); f. Final WQMP (prior to grading plan approval);
g. Easements, offers of dedication (prior to occupancy release); h. As-Built revision for all plans (prior to occupancy release).

88. Water quality best management practices (BMPs) designed to meet Water Quality Management Plan (WQMP) requirements for single-family residential development shall not be used as a construction BMP. Water quality BMPs shall be maintained for the entire duration of the project construction and be used to treat runoff from those developed portions of the project. Water quality BMPs shall be protected from upstream construction related runoff by having proper best management practices in place and maintained. Water quality BMPs shall be graded per the approved design plans and once landscaping and irrigation has been installed, it and its maintenance shall be turned over to an established Property Owner's Association (POA).

89. Local tax from construction contracts may be allocated to the local jurisdiction of the specific
construction jobsite. This is accomplished by a contractor or subcontractor electing to obtain a construction site sub-permit for the jobsite. The contractors, or subcontracts, that have individual contracts with a value of $5 million or more are eligible for this election. This qualifying contract price applies to each contract or subcontract for work performed at the jobsite, and not to the total value of the prime contract. In order to be eligible for a jobsite sub-permit, the contractor or subcontractor must meet the following criteria:
a) have an active permit with the California Department of Tax and Fee Administration (CDTFA),
b) must be registered as a retailer, not consumer, of materials, and c) have an executed contract over $5 million to install materials at the jobsite.

CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN21-0288)

Page 16 ends

Department of Tax & Fee Administration construction site sub-permit for the jobsite and allocate all eligible use tax payments to the City of Moreno Valley. Prior to any Notice to Proceed(s), the Prime Contractor will require that the subcontractor or other contractors provide the City of Moreno Valley with either a copy of their sub-permit that shows their CDTFA account number or a signed statement that sales and use tax does not apply to their portion of the project. The Prime Contractor will provide the City with a list of subcontractors associated with the project.

Prior to Grading Plan Approval

90. A final detailed drainage study (prepared by a registered/licensed civil engineer) shall be submitted for review and approved by the City Engineer. The study shall include, but not be limited to: existing and proposed hydrologic conditions as well as hydraulic calculations for all drainage control devices and storm drain lines. The study shall analyze 1, 3, 6 and 24-hour duration events for the 2, 5, 10 and 100-year storm events [MC 9.14.110(A.1)]. A digital (pdf) copy of the approved drainage study shall be submitted to the Land Development Division.

91. Emergency overflow areas shall be shown at all applicable drainage improvement locations
in the event that the drainage improvement fails or exceeds full capacity .

This may include, but not be limited to, Bio-Swales.

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

93. The final project-specific Water Quality Management Plan (WQMP) shall be consistent with the approved P-WQMP, as well as in full conformance with the document: “Water Quality Management Plan - A Guidance Document for the Santa Ana Region of Riverside County” dated October 22, 2012. The F-WQMP shall be 16 of 30
F.2.b
Packet Pg. 395
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN21-0288)

Page 17 ends

submitted and approved prior to application for and issuance of grading permits. At a
minimum, the F-WQMP shall include the following: Site Design BMPs; Source Control BMPs, Treatment Control BMPs, Operation and Maintenance requirements for BMPs and sources of funding for BMP implementation. a. The Applicant has proposed to incorporate the use of underground infiltration basin. Final design and sizing details of all BMPs must be provided in the first submittal of the F-WQMP. The Applicant acknowledges that more area than currently shown on the plans may be required to treat site runoff as required by the WQMP guidance document.
b. The Applicant shall substantiate the applicable Hydrologic Condition of Concerns (HCOC) in Section F of the F-WQMP.
c. All proposed LID BMP’s shall be designed in accordance with the RCFC&WCD’s Design Handbook for Low Impact Development Best Management Practices, dated September 2011.
d. The proposed LID BMP’s as identified in the project-specific P-WQMP shall be incorporated into the Final WQMP.
e. The NPDES notes per City Standard Drawing No. MVFE-350-0 shall be included in the grading plans.
f. Post-construction treatment control BMPs, once placed into operation for post-construction water quality control, shall not be used to treat runoff from construction sites or unstabilized areas of the site.
g. Prior to precise grading plan approval, the grading plan shall show any proposed trash enclosure to include a cover (roof) and sufficient size for dual bin (1 for trash and 1 for recyclables). The architecture shall be approved by the Planning Division and any structural approvals shall be made by the Building and Safety Division.

94. The developer shall ensure compliance with the City Grading ordinance, these Conditions of Approval and the following criteria:
a.

The project street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area and outlet points. Unless otherwise approved by the City Engineer, lot lines shall be located at the top of slopes.
b. Any grading that creates cut or fill slopes adjacent to the street shall provide erosion control, sight distance control, and slope easements as approved by the City Engineer.
c. All improvement plans are substantially complete and appropriate clearance letters are provided to the City.
d. A soils/geotechnical report (addressing the soil’s stability and geological conditions of the site) shall be submitted to the Land Development Division for review. A digital (pdf) copy of the soils/geotechnical report shall be submitted to the Land Development Division.

95. Grading plans (prepared by a registered/licensed civil engineer) shall be submitted 17 of 30
F.2.b
Packet Pg. 396
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN21-0288)

Page 18 ends

for review and approved by the City Engineer per the current submittal requirements.

96. The developer shall select Low Impact Development (LID) Best Management Practices (BMPs) designed per the latest version of the Water Quality Management Plan (WQMP) - a guidance document for the Santa Ana region of Riverside County.

97. The developer shall submit recorded slope easements from adjacent property owners
in all areas where grading resulting in slopes is proposed to take place outside of the project boundaries. For all other offsite grading, written permission from adjacent property owners shall be submitted.

98. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared in conformance with the State’s current Construction Activities Storm Water General Permit. A copy of the current SWPPP shall be kept at the project site and be available for review upon request.

99. Any proposed trash enclosure shall include a solid cover (roof) and sufficient size for dual bin (one for trash and one for recyclables). The architecture shall be approved by the Planning Division and any structural approvals shall be made by the Building & Safety Division.
100. For projects that will result in discharges of storm water associated with construction with
a soil disturbance of one or more acres of land, the developer shall submit a Notice of Intent (NOI) and obtain a Waste Discharger’s Identification number (WDID#) from the State Water Quality Control Board (SWQCB) which shall be noted on the grading plans.

Prior to Grading Permit
101. A receipt showing payment of the Area Drainage Plan (ADP) fee to Riverside County Flood Control and Water Conservation District shall be submitted. [MC

9.14.100(O)]
102. If the developer chooses to construct the project in phases, a Construction Phasing Plan
for the construction of on-site public or private improvements shall be submitted for review and approved by the City Engineer. 103. Security, in the form of a cash deposit (preferable), bond or letter of credit shall be submitted as a guarantee of the implementation and maintenance of erosion control measures. At least twenty-five (25) percent of the required security shall be in the form of a cash deposit with the City. [MC 8.21.160(H)]
104. Security, in the form of a cash deposit (preferable), bond or letter of credit shall be 18 of 30
F.2.b
Packet Pg. 397
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN21-0288)

Page 19 ends

submitted as a guarantee of the completion of the grading operations for the project. [MC 8.21.070]
Prior to Map Approval
105. All proposed street names shall be submitted for review and approved by the City Engineer, if applicable. [MC 9.14.090(E.2.k)]
106. A copy of the Covenants, Conditions and Restrictions (CC&R's) shall be submitted for review and approved by the City Engineer. The CC&R's shall include, but not be limited to, access easements, reciprocal access, private and/or public utility easements as may be relevant to the project. In addition, for single-family residential development, bylaws and articles of incorporation shall also be included as part of the maintenance agreement for any water quality BMPs. 107. After recordation, a digital (pdf) copy of the recorded map shall be submitted to the Land Development Division.
108. Resolution of all drainage issues shall be as approved by the City Engineer. 109. If the project involves the subdivision of land, maps may be developed in phases with
the approval of the City Engineer. Financial security shall be provided for all public improvements associated with each phase of the map. The boundaries of any multiple map increment shall be subject to the approval of the City Engineer. If the project does not involve the subdivision of land and it is necessary to dedicate right-of-way/easements, the developer shall make the appropriate offer of dedication by separate instrument. In either case, the City Engineer may require the dedication and construction of necessary utility, street or other improvements beyond the project boundary, if the improvements are needed for circulation, parking, access, or for the welfare or safety of the public. This approval must be obtained prior to the Developer submitting a Phasing Plan to the California Bureau of Real Estate. [MC 9.14.080(B)(C), GC 66412 & 66462.5] 110. The developer shall guarantee the completion of all related improvements required for
this project by executing a Public Improvement Agreement (PIA) with the City and posting the required security. [MC 9.14.220]
111. All public improvement plans required for this project shall be approved by the City Engineer in order to execute the Public Improvement Agreement (PIA). 112. All street dedications shall be free of all encumbrances, irrevocably offered to the public
and shall continue in force until the City accepts or abandons such offers, unless otherwise approved by the City Engineer.
19 of 30
F.2.b
Packet Pg. 398
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN21-0288)

Page 20 ends

113. Under the current permit for storm water activities required as part of the National Pollutant
Discharge Elimination System (NPDES) as mandated by the Federal Clean Water Act, this project shall establish a Property Owners Association (POA) to finance the maintenance of the “Water Quality BMPs”.

Prior to Improvement Plan Approval
114. The developer is required to bring any existing access ramps adjacent to and fronting
the project to current ADA (Americans with Disabilities Act) requirements.

However, when work is required in an intersection that involves or impacts existing access ramps, all access ramps in that intersection shall be retrofitted to comply with current ADA requirements, unless otherwise approved by the City Engineer. 115. The street improvement plans shall comply with current City policies, plans and applicable City standards (i.e. MVSI-160 series, etc.) throughout this project. 116. The design plan and profile shall be based upon a centerline, extending beyond the project
boundaries a minimum distance of 300 feet at a grade and alignment approved by the City Engineer.
117. The hydrology study shall be designed to accept and properly convey all off -site drainage
flowing onto or through the site. In the event that the City Engineer permits the use of streets for drainage purposes, the provisions of current City standards shall apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, as in the case where one travel lane in each direction shall not be used for drainage conveyance for emergency vehicle access on streets classified as minor arterials and greater, the developer shall provide adequate facilities as approved by the City Engineer. [MC 9.14.110 A.2] 118. All public improvement plans (prepared by a licensed/registered civil engineer) shall be submitted for review and approved by the City Engineer per the current submittal requirements.
119. Any missing or deficient existing improvements along the project frontage within the Public
Right-of-Way shall be constructed or secured for construction. The City Engineer may require the ultimate structural section for pavement to half-street width plus 18 feet or provide core test results confirming that existing pavement section is per current City Standards; additional signing & striping to accommodate increased traffic imposed by the development, etc.
120. Prior to improvement plan approval, pavement core samples of existing pavement shall
be taken and findings submitted to the City for review and consideration of pavement improvements. The City will determine the adequacy of the existing pavement structural section. If the existing pavement structural section is found to 20 of 30
F.2.b
Packet Pg. 399
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN21-0288)

Page 21 ends

be adequate, the developer may still be required to perform a 2 inch grind and overlay or slurry seal, depending on the severity of existing pavement cracking, as required by the City Engineer. If the existing pavement section is found to be inadequate, the Developer shall replace the pavement to meet or exceed the City's pavement structural section standard.
121. The plans shall indicate any restrictions on trench repair pavement cuts to reflect the City’s
moratorium on disturbing newly-constructed pavement less than three (3) years old and recently slurry sealed streets less than one (1) year old. Pavement cuts may be allowed for emergency repairs or as specifically approved in writing by the City Engineer. Special requirements shall be imposed for repaving, limits to be determined by the City Engineer.
122. All dry and wet utilities shall be shown on the plans and any crossings shall be potholed
to determine actual location and elevation. Any conflicts shall be identified and addressed on the plans. The pothole survey data shall be submitted to Land Development with the public improvement plans for reference purposes only. The developer is responsible to coordinate with all affected utility companies and bear all costs of any utility relocation.

Prior to Encroachment Permit
123. The plans shall indicate any restrictions on trench repair pavement cuts to reflect the City’s
moratorium on disturbing newly-constructed pavement less than three (3) years old and recently slurry sealed streets less than one (1) year old. Pavement cuts may be allowed for emergency repairs or as specifically approved in writing by the City Engineer. Special requirements shall be imposed for repaving, limits to be determined by the City Engineer.
124. Any work performed within public right-of-way requires an encroachment permit.

Prior to Building Permit
125. An engineered-fill certification, rough grade certification and compaction report shall be submitted for review and approved by the City Engineer. A digital (pdf) copy of the approved compaction report shall be submitted to the Land Development Division. All pads shall meet pad elevations per approved grading plans as noted by the setting of “blue-top” markers installed by a registered land surveyor or licensed civil engineer.
126. For all subdivision projects, the map shall be recorded (excluding model homes). [MC 9.14.190]
21 of 30
F.2.b
Packet Pg. 400
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN21-0288)

Page 22 ends

127. Prior to building permit issuance, the developer shall dedicate the following right of way to accommodate the required improvements:
(a) The
necessary street right of way dedication on the north side of Cactus Avenue (88’ R/W / 64’ CC: Minor Arterial, City Standard No. MVSI-105A-2) along the project frontage.
(b) A 4 foot minimum pedestrian right of way dedication behind any driveway approach per City Standard No. MVSl-112C-0.
(c) Corner cutback right of way dedication per City Standard No. MVSl-165-0 on all intersecting public streets, as directed by the City Engineer. 128. A walk through with a Land Development Inspector shall be scheduled to inspect existing
improvements within public right of way along project frontage. Any missing, damaged or substandard improvements including ADA access ramps that do not meet current City standards shall be required to be installed, replaced and /or repaired. The applicant shall post security to cover the cost of the repairs and complete the repairs within the time allowed in the public improvement agreement used to secure the improvements.
129. Certification to the line, grade, flow test and system invert elevations for the water quality
control BMPs shall be submitted for review and approved by the City Engineer (excluding models homes).

Prior to Occupancy
130. All required as-built plans (prepared by a registered/licensed civil engineer) shall be submitted for review and approved by the City Engineer per the current submittal requirements.
131. The final/precise grade certification shall be submitted for review and approved by the City Engineer.
132. The developer shall complete all public improvements in conformance with current City
standards, except as noted in the Special Conditions, including but not limited to the following:
a. Street improvements including, but not limited to: pavement, base, curb and/or gutter, cross gutters, spandrel, sidewalks, drive approaches, pedestrian ramps, street lights (MVU: SL-2), signing, striping, under sidewalk drains, landscaping and irrigation, medians, pavement tapers/transitions and traffic control devices as appropriate.
b. Storm drain facilities including, but not limited to: storm drain pipe, storm drain laterals, open channels, catch basins and local depressions. c. City-owned utilities.
d. Sewer and water systems including, but not limited to: sanitary sewer, potable water and recycled water.
22 of 30
F.2.b
Packet Pg. 401
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN21-0288)

Page 23 ends

133. Prior to occupancy, the following improvements shall be completed:

Cactus
Avenue (88’ R/W / 64’ CC: Minor Arterial, City Standard No. MVSI-105A-2) shall be constructed to achieve a half-width of 32’ plus 18’ beyond centerline, along the entire project's south frontage. Improvements on Cactus Avenue just to the east of the project may be required for transition, alignment, and/or drainage purposes, as directed by the City Engineer. Improvements shall consist of, but not be limited to, pavement, base, curb, gutter, sidewalk, driveway approaches, drainage structures, any necessary offsite improvement transition /joins to existing, street lights, pedestrian ramps, and dry and wet utilities.

Prior to improvement plan approval, the developer shall provide to the City Engineer the results of coring tests confirming that said existing pavement section has been constructed per City Standard No. MVSI-105A-2. Any missing or deficient improvements along the project's south frontage shall be constructed prior to issuance of a certificate of occupancy.
134. For commercial, industrial and multi-family projects, a “Stormwater Treatment Device and Control Measure Access and Maintenance Covenant”, "Maintenance Agreement for Water Quality Improvements located in the public right-of-way" and a "Declaration of Restrictive Covenants (encroachment on City easement)" shall be recorded to provide public notice of the maintenance requirements to be implemented per the approved final project-specific WQMP. A boilerplate copy of the covenants and agreements can be obtained by contacting the Land Development Division.
135. The applicant shall ensure the following, pursuant to Section XII. I. of the 2010 NPDES Permit:
a. Field verification that structural Site Design, Source Control and Treatment Control BMPs are designed, constructed and functional in accordance with the approved Final Water Quality Management Plan (WQMP).
b. Certification of best management practices (BMPs) from a state licensed civil engineer. An original WQMP BMP Certification shall be submitted for review and approved by the City Engineer.
136. The Developer shall comply with the following water quality related items:
a.

Notify the Land Development Division prior to construction and installation of all structural BMPs so that an inspection can be performed. b. Demonstrate that all structural BMPs described in the approved final project-specific WQMP have been constructed and installed in conformance with the approved plans and specifications;
c. Demonstrate that Developer is prepared to implement all non-structural BMPs described in the approved final project-specific WQMP; and d. Demonstrate that an adequate number of copies of the approved final project-specific WQMP are available for future owners/occupants. 23 of 30
F.2.b
Packet Pg. 402
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN21-0288)

Page 24 ends

e. Clean and repair the water quality BMP's, including re-grading to approved civil drawing if necessary.
f.

Obtain approval and complete installation of the irrigation and landscaping. 137. Prior to occupancy, the following improvements shall be completed:

Nason
Street (100’ R/W / 76’ CC: Divided Arterial, City Standard No.

MVSI-104A-1 (modified)) shall be constructed to achieve a varying half-width of 47’ along the entire project's west frontage.

The
four existing ADA ramps at the intersection of Nason Street and Cactus Avenue and at the intersection of Nason Street and East Hospital Road shall be reconstructed to be compliant with current ADA standards, as applicable. An existing maintenance easement west of the intersection of Nason Street and East Hospital Road allows for necessary reconstruction work.

Special Districts Division
139. Street Light Coordination/Advanced Energy Fees. Prior to the issuance of the 1st Building Permit for this project, the Developer shall pay New Street Light Installation Fees for all street lights required to be installed for this development. Payment will be collected by the Land Development Division. Fees are based on the street light administration/coordination and advanced energy fees as set forth in the City Fees, Charges, and Rates as adopted by City Council and effective at the time of payment. Any change in the project which increases the number of street lights to be installed requires payment of the fees at the then current fee. Questions may be directed to the Special Districts Administration at 951.413.3470 or [email protected].
140. Maintenance Services Funding. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation) to provide an ongoing funding source for the operation and maintenance of public improvements and/or services associated with impacts of the development. This condition will only be applicable provided said district is under development at the time this project applies for the 1st Building Permit.

This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful annexation/formation 24 of 30
F.2.b
Packet Pg. 403
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN21-0288)

Page 25 ends

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

An alternative to satisfying this funding source will be identified at such time as a special financing district has been established. At the time of development, the developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to determine if this condition is applicable. 141. Public Safety Funding. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation ) to provide an ongoing funding source for Public Safety services, which may include but is not limited to Police, Fire Protection, Paramedic Services, Park Rangers, and Animal Control services. This condition will only be applicable provided said district is under development at the time this project applies for the 1st Building Permit.

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

An alternative to satisfying this condition will be identified at such time as a special 25 of 30
F.2.b
Packet Pg. 404
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN21-0288)

Page 26 ends

financing district has been established. At the time of development, the developer mu
st contact Special Districts Administration at 951.413.3470 or at [email protected] to determine if this condition is applicable. 142. Major Infrastructure SFD Major Infrastructure Financing District. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation) to provide an ongoing funding source for the construction and maintenance of major infrastructure improvements, which may include but is not limited to thoroughfares, bridges, and certain flood control improvements. This condition will be applicable provided said district is under development at the time this project applies for the 1st Building Permit. This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful annexation/formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector(s) will not protest the annexation or formation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings. An alternative to satisfying this condition will be identified at such time as a special financing district has been established. At the time of development, the developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to determine if this condition is applicable. 143. CFD 2014-01. Prior to City Council action authorizing the recordation of the map, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee, form an association to fund the services or fund an endowment) to provide an ongoing funding source for a) Street Lighting Services for capital improvements, energy charges, and maintenance and/or b) if a landscaped median is required, Landscape Maintenance Services for public parkway, traffic circle, open space, and/or median landscaping on Cactus Avenue.

This condition must be fully satisfied prior to issuance of the 1st Building Permit.

This condition will be satisfied with the successful annexation/formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing 26 of 30
F.2.b
Packet Pg. 405
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN21-0288)

Page 27 ends

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

Alternatively, the condition can be satisfied by the Developer forming a property owner association that will be responsible for the improvements and any and all operation and maintenance costs for the improvements or by funding an endowment in an amount sufficient to yield an annual revenue stream that meets the annual obligation, as calculated by Special Districts Admin staff. The Developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to satisfy this condition.
144. Park Maintenance Funding. Prior to City Council action authorizing the recordation of
the map, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or fund an endowment) to provide an ongoing funding source for the continued maintenance, enhancement, and/or retrofit of parks, open spaces, linear parks, and/or trails systems.

This condition must be fully satisfied prior to issuance of the 1st Building Permit.

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

Alternatively, the condition can be satisfied by the Developer funding an endowment in an amount sufficient to yield an annual revenue stream that meets the annual 27 of 30
F.2.b
Packet Pg. 406
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN21-0288)

Page 28 ends

obligation, as calculated by Special Districts Admin staff. The Developer must co
ntact Special Districts Administration at 951.413.3470 or at [email protected] to satisfy this condition.
145. Approved Landscape Plans. If a landscaped median is required, for those areas to be
maintained by the City and prior to the issuance of the 1st Building Permit, Planning, Landscape Services and Transportation Engineering staff, at a minimum, shall review and approve the final median, parkway, slope, traffic circle and/or open space landscape/irrigation plans as designated on the tentative map or in these Conditions of Approval.
146. Right of Way Water Quality BMP Maintenance. The ongoing maintenance of any water
quality BMP (e.g. Bioswale) constructed in the public right of way shall be the responsibility of a property owner association or the property owner. 147. Maintenance Period. If a landscaped median is required, the Developer, or the Developer’s
successors or assignees shall be responsible for all parkway, traffic circle, open space and/or median landscape maintenance and utility costs, etc. for a period no less than one (1) year commencing from the time all items of work have been completed to the satisfaction of Landscape Services staff as per the City of Moreno Valley Public Works Department Landscape Design Guidelines, or until such time as the City accepts maintenance responsibilities. 148. Independent Utilities. Parkway, median, slope, traffic circle and/or open space landscape areas included within a special financing district are required to have independent utility systems, including but not limited to water, electric, and telephone services. An independent irrigation controller and pedestal will also be required. Combining utility systems with existing or future landscape areas that are not within the same CFD 2014-01 tax rate layers or funding program (e.g. NPDES) will not be permitted.
149. Landscape Inspection Fees. If a landscaped median is required, inspection fees for
the monitoring of landscape installation associated with the City of Moreno Valley maintained landscaping are due prior to the required pre-construction meeting. (MC 3.32.040)
150. Landscape Guidelines. Plans for parkway, median, slope, traffic circle, and/or open space landscape areas designated in the project's Conditions of Approval for incorporation into a City Coordinated landscape maintenance program, shall be prepared and submitted in accordance with the City of Moreno Valley Public Works Department Landscape Design Guidelines. The guidelines are available on the City's website at www.moval.org or from Landscape Services (951.413.3480 or [email protected]).
151. Maintenance Responsibility. The ongoing maintenance of any landscaping required 28 of 30
F.2.b
Packet Pg. 407
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN21-0288)

Page 29 ends

to be installed behind the curb shall be the responsibility of the property owner. 152. Landscape Plan Check Fees. Plan check fees for review of parkway/median, open space, and/or traffic circle landscape plans for improvements that shall be maintained by the City of Moreno Valley are due upon the first plan submittal. (MC

3.32.040)
153. Parkway, open space, traffic circle, and/or median landscaping specified in the project’s Conditions of Approval shall be constructed in compliance with the approved landscape plans and completed prior to the issuance of the first Certificate of Occupancy/Building Final for this project. 154. If a landscaped median is required, mylars of the landscape and irrigation plans shall be submitted on hanging tab to Landscape Services.

Transportation Engineering Division
155. Conditions of approval may be modified or added if a phasing plan is submitted for this development.
156. Nason Street is classified as a Divided Major Arterial along the project frontage.

Any
improvements undertaken by this project shall be consistent with the City's standards. Communication conduit shall be installed along the project frontage per City Standard Plan No. MVSI-186-0.
157. Cactus Avenue is classified and shall be improved as a Minor Arterial (88'RW/64'CC)
per City Standard Plan No. MVSI-105A-2. Any necessary
transitions shall be constructed to match to adjacent improvements. 158. Final map, grading plans, and street improvement plans shall be consistent with the approved site plan dated April 6, 2023.
159. Access at the project driveways shall be as follows:
- North driveway on Nason Street (currently signalized): inbound movements only. - South driveway on Nason Street: right-turn in/out only - West driveway on Cactus Avenue: full access
- East driveway on Cactus Avenue: right-turn in/out only 160.

Any modifications to the existing traffic signal at the intersection of Nason Street and
Cactus Avenue shall be in conformance with the California Manual on uniform Traffic Control Devices (CA MUTCD) and city standards.
161. Prior to final approval of any landscaping or monument sign plans, the project plans shall demonstrate that sight distance at the project driveways conforms to City 29 of 30
F.2.b
Packet Pg. 408
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN21-0288)

Page 30 ends

Standard Plan No. MVSI-164A, B, C-0.
162. Prior to the final approval of the street improvement plans, a signing and striping plan shall
be prepared per City of Moreno Valley Standard Plans - Section 4 for all streets within the project area.
163. Prior to final approval of street improvement plans, traffic signal modification plan shall be
prepared for the existing traffic signal at the intersection of Nason Street/Hospital Road. Modifications may include, but are not limited to, signal head replacement, new signal poles/mast arms, new traffic detector loops or video/radar detection system, etc. Specific modifications shall be determined during the plan check review.
164. Prior to the final approval of the street improvement plans, a signing and striping plan shall
be prepared per City of Moreno Valley Standard Plan - Section 4 and California Manual on Uniform Traffic Control Devices (CAMUTCD). Plans shall provide a 150-ft westbound let-turn storage lane at the intersection of Cactus Avenue and Nason Street.
165. A copy of the Covenants, Conditions and Restrictions (CC&Rs) shall be submitted for review by the City Engineer. The CC&Rs shall include a section that will encourage employers to promote telecommuting or alternative/flexible work schedules, as identified in mitigation measure TRANS-3. 166. Prior to the final approval of the street improvement plans, the intersection of Nason Street and
Cactus Avenue shall be designed to provide the following (at a minimum):
- Northbound: two left-turn lanes, two through lanes, and one right-turn lane; - Southbound: one left-turn lane, two through lanes, and one right-turn lane; - Eastbound: one left-turn lane, one through lane, and one right-turn lane; - Westbound: one left-turn lane, one though lane, and one shared through/right-turn lane.
167. All public improvement plans required for this project shall be approved by the City Engineer prior
to map approval and the Developer shall guarantee the completion of all related improvements required for this project as required by the Land Development Division.
168. All transportation mitigation measures shall be satisfied, except TRANS-1 and TRANS-2. TRANS-1
and TRANS-2 are no longer applicable due to changes to
CEQA guidelines associated with Senate Bill 743.

PARKS & COMMUNITY SERVICES DEPARTMENT
169. This project is subject to current Development Impact Fees. 30 of 30
F.2.b
Packet Pg. 409
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St Exhibit B
Master Plot Plan (PEN21-0289) Conditions of Approval
F.2.b
Packet Pg. 410
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 1 ends

CITY OF MORENO VALLEY

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)
EFFECTIVE DATE:

EXPIRATION DATE:

COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division

1. In accordance with the Developer’s obligation to defend, indemnify and hold harmless the City, including but not limited to as set forth in more detail in the Project’s Conditions of Approval, Moreno Valley Municipal Code Section 9.02.310 (Indemnification of City for Discretionary Approvals), and the Project application, Developer shall enter into an Advanced Funding Agreement with the City no later than ten (10) calendar days from Planning Commission’s approval of the Project. A copy of said Agreement is on file with the Community Development Director.

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

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

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

5. The Developer shall defend, indemnify and hold harmless the City, city council, commissions,
boards, subcommittees and the City’s elected and appointed officials, commissioners, board members, officers, agents, consultants and employees (“City Parties”) from and against any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following items: ( i) any prior or current agreements by and among the City and the Developer; (ii) the 1 of 31
F.2.b
Packet Pg. 411
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 2 ends

current, concurrent and subsequent permits, licenses and entitlements approved by the
City; (iii) any environmental determination made by the City in connection with the Project Site and the Project; and (iv) any proceedings or other actions undertaken by the City in connection with the adoption or approval of any of the above. In the event of any administrative, legal, equitable action or other proceeding instituted by any third party (including without limitation a governmental entity or official) challenging the legality, validity or adequacy of any of the above items or any portion thereof, the Parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, the City, at its sole option, may tender the complete defense of any third party challenge as described herein. In the event the City elects to contract with special counsel to provide for such a defense, the City shall meet and confer with the Developer regarding the selection of counsel, and the Developer shall pay all costs related to retention of such counsel by the City.

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. To reduce single event noise impacts to below the level of 55 dBA beyond the boundaries of the property, delivery operations shall be limited to between the hours of am and pm. Loading or unloading activities shall be conducted from the truck bays or designated loading. (MC 9.10.140,)

11. Drive-up or drive-through speaker system shall not be detectable above daytime ambient
noise levels beyond the property line boundaries, and shall not exceed fifty-five (55) dBA at any one time beyond the boundaries of the property line. 2 of 31
F.2.b
Packet Pg. 412
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 3 ends

(MC9.09.080 C.6 and 9.10.140)

12. The shopping center parking lot lighting shall be maintained in good repair and shall comply with the Municipal Code lighting standards.

13. The Police Chief may require the business owner to provide future security within the restaurant and the shopping center parking lot to address issues that arise from the operation of the business.

14. The site has been approved for a Master Plot Plan for the development of the Cactus Avenue and Nason Street Commercial Office and Retail Development project to include approximately 89, 805 square feet of development with seven buildings. Development includes:
• PEN21-0289, Master Plot Plan includes Office/Medical Building 3 (approximately 40,000 square feet).
• Plot Plan PEN23-0081, Medical/Office Building 1 (approximately 16,000 square feet).
• Plot Plan PEN23-0082, Medical/Office Building 2 (approximately 16,000 square feet).
• Plot Plan PEN23-0083 for Pad B, a retail/restaurant building (approximately 8,000 square feet).
• Conditional Use Permit PEN20-0110 Pad A, a fast-food restaurant with a drive-through (approximately 3,500 square feet).
• Conditional Use Permit PEN20-0111 Pad C, a fast-food restaurant with a drive-through (approximately 2,310 square feet).
• Conditional Use Permit PEN20-0112, for a fuel station with convenience store with beer, wine, and spirits sales.

This Master Plot Plan includes all on-site and off-site improvements with reciprocal access, per the approved plans and Municipal Code Requirements.

All improvements are required with the first building. A change or modification shall require separate approval. For the Conditional Use Permits, violation (s) may result in revocation of the Conditional Use Permit.

15. One outdoor trash receptacle shall be provided shall be provided for every ten (10) required parking spaces, with a minimum of one receptacle provided to be located front portion of the site for use by patrons. (MC 9.09.080 C 5.)

16. The Preliminary Grading Plan will be revised to match the approved site plan dated April 6, 2023 during the Grading Plan submittal/review process.

Prior to Grading Permit

17. Prior to issuance of any grading permit, all Conditions of Approval and Mitigation Measures shall be printed on the grading plans.
3 of 31
F.2.b
Packet Pg. 413
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 4 ends

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

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

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

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

22. Within thirty (30) days prior to any grading or other land disturbance, a pre-construction survey for Burrowing Owls shall be conducted pursuant to the established guidelines of Multiple Species Habitat Conservation Plan. The pre-construction survey shall be submitted to the Planning Division prior to any disturbance of the site and/or grading permit issuance.

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

24. Prior to the issuance of grading permits, the developer shall submit wall/fence plans to the Building and Safety Division for the Planning Division review and approval as follows:
a. A maximum 6-foot-high solid decorative block perimeter wall with pilasters and a cap shall be required adjacent to all residential zoned areas. b. 3-foot high decorative wall, solid hedge, or berm shall be placed in any setback areas between a public right of way and a parking lot for screening. c. Any proposed retaining walls shall also be decorative in nature, while the combination of retaining and other walls on top shall not exceed the height requirement.
4 of 31
F.2.b
Packet Pg. 414
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 5 ends

d. Walls and fences for visual screening are required when there are adjacent residential uses or residentially zone property. The height, placement, and design will be based on a site-specific review of the project. All walls are subject to the approval of the Planning Official. (MC 9.08.070)

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

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

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

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

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

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

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

The plans shall be prepared in accordance with the City's Landscape Requirements and shall include:
a. A three (3) foot high decorative wall, solid hedge, or berm shall be placed in any setback areas between a public right of way and a parking lot for screening. b. Finger and end planters with required step-outs and curbing shall be provided every 12 parking stalls as well as at the terminus of each aisle. c. Diamond planters shall be provided every 3 parking stalls where required. d. Drought tolerant landscape shall be used. No sod shall be installed e. Street trees shall be provided every 40 feet on-center. f. On-site trees shall be planted at an equivalent of one (1) tree per thirty (30) 5 of 31
F.2.b
Packet Pg. 415
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 6 ends

linear feet of the perimeter of a parking lot and per thirty linear feet of a building dimension
for the portions of the building visible from a parking lot or right of way .

Trees may be massed for pleasing aesthetic effects.
g. Enhanced landscaping shall be provided at all driveway entries and street corner locations The review of all utility boxes, transformers, etc. shall be coordinated to provide adequate screening from public view. h. Landscaping on three sides of any trash enclosure.
i. All site perimeter and parking lot landscape and irrigation shall be installed prior to the release of the first building final or certificate of any occupancy permits.

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

32. Prior to issuance of a building permit, the developer/property owner or developer's successor-in-interest shall pay all applicable impact fees due at permit issuance, including but not limited to Multi-species Habitat Conservation Plan (MSHCP) mitigation fees. (Ord)

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

34. Prior to or at building plan check submittal, the elevation plans shall include decorative
lighting sconces on all sides of the buildings of the complex facing a parking lot, courtyard or plaza, or public right of way or open space to provide up-lighting and shadowing on the structures. Include drawings of the sconce details for each building within the elevation plans, approved by the Planning Division prior to building permit issuance.

35. Detailed, on-site, computer generated, point-by-point comparison lighting plan, including exterior building, parking lot, and landscaping lighting, shall be included in the Building Plans for review by the Planning Division. The lighting plan shall be generated on the plot plan and shall be integrated with the final landscape plan. The plan shall indicate the manufacturer's specifications for light fixtures used, shall include style, illumination, location, height and method of shielding per the City’s Municipal Code requirements. After the third plan check review for lighting plans, 6 of 31
F.2.b
Packet Pg. 416
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 7 ends

an additional plan check fee will apply. (MC 9.08.100, 9.16.280)

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

Prior to Building Final or Occupancy

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

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

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

9.080.070).

Building Division

40. 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.

41. Prior to submittal, all new development, including residential second units, are required
to obtain a valid property address prior to permit application. Addresses can be obtained by contacting the Building Safety Division at 951.413.3350.

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

43. All new buildings 10,000 square feet and over, shall include building commissioning in the design and construction processes of the building project to verify that the building systems and components meet the owner’s or owner representative’s project requirements (OPR). All requirements in The 2016 California Green Building Standards Code, sections 5.410.2 - 5.410.2.6 must be met.

44. Any construction within the city shall only be as follows: Monday through Friday seven a.m. to seven p.m(except for holidays which occur on weekdays), eight a.m. 7 of 31
F.2.b
Packet Pg. 417
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 8 ends

to four p.m.; weekends and holidays (as observed by the city and described in the Moreno Valley Municipal Code Chapter 2.55), unless written approval is first obtained from the Building Official or City Engineer.

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

46. 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.

47. 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.

48. 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.

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

50. 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.

51. 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)

52. The appropriation from local tax from construction contracts to the local jurisdiction of
the specific construction job site is hereby required. This is accomplished by a contractor or subcontractor obtaining a construction site sub-permit for the job site.

The contractors, or subcontracts, that have individual contracts with a value of $ 5 million or more are subject to this condition.

The qualifying contract price applies to each contract or subcontract for work performed at the jobsite, and not to the total value of the prime contract. In order to obtain a jobsite sub-permit, the contractor or subcontractor must meet the following criteria:
a) have an active permit with the California Department of Tax and Fee 8 of 31
F.2.b
Packet Pg. 418
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 9 ends

Administration (CDTFA),
b) must be registered as a retailer, not consumer, of materials, and c) have an executed contract over $5 million to install materials at the jobsite.

The
Prime Contractor will require that the subcontractors or other contractors exercise their option to obtain a California Department of Tax & Fee Administration construction site sub-permit for the jobsite and allocate all eligible use tax payments to the City of Moreno Valley. Prior to any Notice to Proceed(s), the Prime Contractor shall provide the City of Moreno Valley Finance and Management Services Department with a list of subcontractors associated with the project along with a copy of their sub-permit that shows their CDTFA account number or a signed statement that sales and use tax does not apply to their portion of the project.

ECONOMIC DEVELOPMENT DEPARTMENT (EDD)

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

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

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

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

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

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

FIRE DEPARTMENT
Fire Prevention Bureau

58. All Fire Department access roads or driveways shall not exceed 12 percent grade. 9 of 31
F.2.b
Packet Pg. 419
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 10 ends

(CFC 503.2.7 and MVMC 8.36.060[G])

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

60. The angle of approach and departure for any means of Fire Department access shall
not exceed 1 ft drop in 20 ft (0.3 m drop in 6 m), and the design limitations of the fire apparatus of the Fire Department shall be subject to approval by the AHJ. (CFC 503 and MVMC 8.36.060)

61. Prior to construction, all locations where structures are to be built shall have an approved
Fire Department access based on street standards approved by the Public Works Director and the Fire Prevention Bureau. (CFC 501.4)

62. 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)

63. 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)

64. Prior to issuance of Certificate of Occupancy or Building Final, all commercial buildings
shall display street numbers in a prominent location on the street side and rear access locations. The numerals shall be a minimum of twelve inches in height. (CFC 505.1, MVMC 8.36.060[I])

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

66. 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 10 of 31
F.2.b
Packet Pg. 420
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 11 ends

Valley Fire Department prior to beginning construction. They shall be maintained accessible.

67. 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.

68. Prior to issuance of Certificate of Occupancy or Building Final, the applicant/developer
shall install a fire alarm system monitored by an approved Underwriters Laboratory listed central station based on a requirement for monitoring the sprinkler system, occupancy or use. Fire alarm panel shall be accessible from exterior of building in an approved location. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Chapter 9 and MVMC

8.36.100)

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

70. A fire extinguisher with a minimum rating of 3A:40BC shall be mounted in an accessible location within the cell site enclosure next to the fueled generator.

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 Certificate of Occupancy or Building Final, the applicant/developer
shall install a fire sprinkler system based on square footage and type of construction, occupancy or use. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Chapter 9, MVMC 8.36.100[D])

73. Prior to issuance of the building permit for development, independent paved access to
the nearest paved road, maintained by the City shall be designed and constructed by the developer within the public right of way in accordance with City Standards. (MVMC 8.36.060, CFC 501.4)

74. 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)

75. 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 11 of 31
F.2.b
Packet Pg. 421
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 12 ends

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)

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

77. During phased construction, dead end roadways and streets which have not been completed
shall have a turn-around capable of accommodating fire apparatus. (CFC 503.1 and 503.2.5)

78. If construction is phased, each phase shall provide an approved emergency vehicular
access way for fire protection prior to any building construction. ( CFC 501.4)

79. Prior to issuance of Building Permits, plans for structural protection from vegetation fires
shall be submitted to the Fire Prevention Bureau for review and approval.

Measures shall include, but are not limited to: noncombustible barriers (cement or block walls), fuel modification zones, etc. (CFC Chapter 49)

80. Plans for private water mains supplying fire sprinkler systems and/or private fire hydrants shall be submitted to the Fire Prevention Bureau for approval. (CFC 105 and CFC 3312.1)

81. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction
of all commercial buildings per CFC Appendix B and Table B105.1.

The applicant/developer shall provide documentation to show there exists a water system capable of delivering said waterflow for 2 hour(s) duration at 20-PSI residual operating pressure. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. Specific requirements for the project will be determined at time of submittal. (CFC 507.3, Appendix B)

82. Dead-end streets and/or fire apparatus access roads in excess of 150 feet in length shall be provided with an approved turnaround for fire apparatus.

83. Prior to construction, all traffic calming designs/devices must be approved by the Fire Marshal and City Engineer.

84. Prior to building construction, dead end roadways and streets which have not been completed
shall have a turnaround capable of accommodating fire apparatus. ( CFC 503.2.5)
12 of 31
F.2.b
Packet Pg. 422
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 13 ends

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

86. Prior to issuance of Building Permits, the applicant/developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for review. Plans shall: a.

Be signed by a registered civil engineer or a certified fire protection engineer; b .

Contain a Fire Prevention Bureau approval signature block; and c. Conform to hydrant type, location, spacing of new and existing hydrants and minimum fire flow required as determined by the Fire Prevention Bureau. The required water system, including fire hydrants, shall be installed, made serviceable, and be accepted by the Moreno Valley Fire Department prior to beginning construction. They shall be maintained accessible.

87. The appropriation from local tax from construction contracts to the local jurisdiction of
the specific construction job site is hereby required. This is accomplished by a contractor or subcontractor obtaining a construction site sub-permit for the job site.

The contractors, or subcontracts, that have individual contracts with a value of $ 5 million or more are subject to this condition.

The qualifying contract price applies to each contract or subcontract for work performed at the jobsite, and not to the total value of the prime contract. In order to obtain a jobsite sub-permit, the contractor or subcontractor must meet the following criteria:
a) have an active permit with the California Department of Tax and Fee Administration (CDTFA),
b) must be registered as a retailer, not consumer, of materials, and c) have an executed contract over $5 million to install materials at the jobsite.

The Prime Contractor will require that the subcontractors or other contractors exercise their option to obtain a California Department of Tax & Fee Administration construction site sub-permit for the jobsite and allocate all eligible use tax payments to the City of Moreno Valley. Prior to any Notice to Proceed(s), the Prime Contractor shall provide the City of Moreno Valley Finance and Management Services Department with a list of subcontractors associated with the project along with a copy of their sub-permit that shows their CDTFA account number or a signed statement that sales and use tax does not apply to their portion of the project.

FINANCIAL & MANAGEMENT SERVICES DEPARTMENT
13 of 31
F.2.b
Packet Pg. 423
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 14 ends

Moreno Valley Utility

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

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

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

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

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

The
developer will be responsible, at developer’s expense, for any and all costs associated with the relocation of any of Moreno Valley Utility’s underground electrical distribution facilities, as determined by Moreno Valley Utility, which may be in conflict with any developer planned construction on the project site. 14 of 31
F.2.b
Packet Pg. 424
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 15 ends

PUBLIC WORKS DEPARTMENT
Land Development

91. Aggregate slurry, as defined in Section 203-5 of Standard Specifications for Public Works Construction, shall be required prior to 90% security reduction or the end of the one-year warranty period of the public streets as approved by the City Engineer.

If slurry is required, a slurry mix design shall be submitted for review and approved by the City Engineer. The latex additive shall be Ultra Pave 70 (for anionic) or Ultra Pave 65 K (for cationic) or an approved equal per the geotechnical report. The latex shall be added at the emulsion plant after weighing the asphalt and before the addition of mixing water. The latex shall be added at a rate of two to two-and-one-half (2 to 2½) parts to one-hundred (100) parts of emulsion by volume.

Any existing striping shall be removed prior to slurry application and replaced per City standards.

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

93. The final approved conditions of approval (COAs) issued and any applicable Mitigation Measures by the Planning Division shall be photographically or electronically placed on mylar sheets and included in the Grading and Street Improvement plans.

94. The developer shall monitor, supervise and control all construction related activities, so
as to prevent these activities from causing a public nuisance, including but not limited to, insuring strict adherence to the following:
(a) Removal of dirt, debris, or other construction material deposited on any public street no later than the end of each working day.
(b) Observance of working hours as stipulated on permits issued by the Land Development Division.
(c) The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. (d) All dust control measures per South Coast Air Quality Management District (SCAQMD) requirements during the grading operations.

Violation of any condition, restriction or prohibition set forth in these conditions shall subject the owner, applicant, developer or contractor(s) to remedy as noted in City Municipal Code 8.14.090. In addition, the City Engineer or Building Official may suspend all construction related activities for violation of any condition, restriction or prohibition set forth in these conditions until such time as it has been determined 15 of 31
F.2.b
Packet Pg. 425
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 16 ends

that all operations and activities are in conformance with these conditions.

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

Secondary emergency escape shall also be provided.

96. In the event right-of-way or offsite easements are required to construct offsite improvements necessary for the orderly development of the surrounding area to meet the public health and safety needs, the developer shall make a good faith effort to acquire the needed right-of-way in accordance with the Land Development Division’s administrative policy. If unsuccessful, the Developer shall enter into an agreement with the City to acquire the necessary right-of-way or offsite easements and complete the improvements at such time the City acquires the right-of-way or offsite easements which will permit the improvements to be made. The developer shall be responsible for all costs associated with the right-of-way or easement acquisition. [GC 66462.5]

97. If improvements associated with this project are not initiated within two (2) years of the date of approval of the Public Improvement Agreement (PIA), the City Engineer may require that the engineer's estimate for improvements associated with the project be modified to reflect current City construction costs in effect at the time of request for an extension of time for the PIA or issuance of a permit. [MC

9.14.210(B)(C)]

98. The developer shall protect downstream properties from damage caused by alteration
of drainage patterns (i.e. concentration or diversion of flow, etc).

Protection shall be provided by constructing adequate drainage facilities, including, but not limited to, modifying existing facilities or by securing a drainage easement . [MC 9.14.110]

99. Public drainage easements, when required, shall be a minimum of 25 feet wide and shall be shown on the map and plan, and noted as follows: “Drainage Easement – no structures, obstructions, or encroachments by land fills are allowed.” In addition, the grade within the easement area shall not exceed a 3:1 (H:V) slope, unless approved by the City Engineer.
100. The maintenance responsibility of the proposed storm drain line shall be clearly identified.

Storm drain lines within private property will be privately maintained and those within public streets will be publicly maintained. 101. The proposed private storm drain system shall connect to the proposed underground
infiltration basin on the south side of the property. A storm drain manhole shall be placed at the right-of-way line to mark the beginning of the publicly maintained portion of this storm drain.
16 of 31
F.2.b
Packet Pg. 426
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 17 ends

102. This project shall submit civil engineering design plans, reports and/or documents (prepared by a registered/licensed civil engineer) for review and approval by the City Engineer per the current submittal requirements, prior to the indicated threshold or as required by the City Engineer. The submittal consists of, but is not limited to, the following:
a. Map (recordation prior to building permit issuance); b. Rough grading w/ erosion control plan (prior to grading permit issuance); c. Precise grading w/ erosion control plan prior to grading permit issuance); d. Street, Storm Drain, Sewer, Water (prior to encroachment permit issuance); e. Final drainage study (prior to grading plan approval); f. Final WQMP (prior to grading plan approval);
g. Easements, offers of dedication (prior to occupancy release). h. As-Built revision for all plans (prior to occupancy release). 103. Water quality best management practices (BMPs) designed to meet Water Quality Management Plan (WQMP) requirements for development shall not be used as a construction BMP. Water quality BMPs shall be maintained for the entire duration of the project construction and be used to treat runoff from those developed portions of the project. Water quality BMPs shall be protected from upstream construction related runoff by having proper best management practices in place and maintained. Water quality BMPs shall be graded per the approved design plans and once landscaping and irrigation has been installed, it and its maintenance shall be turned over to an established Property Owner's Association (POA). 104. Local tax from construction contracts may be allocated to the local jurisdiction of the specific
construction jobsite. This is accomplished by a contractor or subcontractor electing to obtain a construction site sub-permit for the jobsite. The contractors, or subcontracts, that have individual contracts with a value of $5 million or more are eligible for this election. This qualifying contract price applies to each contract or subcontract for work performed at the jobsite, and not to the total value of the prime contract. In order to be eligible for a jobsite sub-permit, the contractor or subcontractor must meet the following criteria:
a) have an active permit with the California Department of Tax and Fee Administration (CDTFA),
b) must be registered as a retailer, not consumer, of materials, and c) have an executed contract over $5 million to install materials at the jobsite.

The $5 million threshold applies to individual contracts held by a contractor or subcontractor and not the total project value. The Prime Contractor will require that the subcontractors or other contractors exercise their option to obtain a California Department of Tax & Fee Administration construction site sub-permit for the jobsite and allocate all eligible use tax payments to the City of Moreno Valley. Prior to any Notice to Proceed(s), the Prime Contractor will require that the subcontractor or other contractors provide the City of Moreno Valley with either a copy of their sub-permit that shows their CDTFA account number or a signed statement that 17 of 31
F.2.b
Packet Pg. 427
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 18 ends

sales and use tax does not apply to their portion of the project. The Prime Contractor
will provide the City with a list of subcontractors associated with the project.

Prior to Grading Plan Approval
105. Resolution of all drainage issues shall be as approved by the City Engineer. 106. A final detailed drainage study (prepared by a registered/licensed civil engineer) shall be submitted for review and approved by the City Engineer. The study shall include, but not be limited to: existing and proposed hydrologic conditions as well as hydraulic calculations for all drainage control devices and storm drain lines. The study shall analyze 1, 3, 6 and 24-hour duration events for the 2, 5, 10 and 100-year storm events [MC 9.14.110(A.1)]. A digital (pdf) copy of the approved drainage study shall be submitted to the Land Development Division. 107. Emergency overflow areas shall be shown at all applicable drainage improvement locations
in the event that the drainage improvement fails or exceeds full capacity .

This may include, but not be limited to, Bio-Swales.
108. A final project-specific Water Quality Management Plan (WQMP) shall be submitted for review and approved by the City Engineer, which:
a. Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizes directly connected impervious areas to the City’s street and storm drain systems, and conserves natural areas;
b. Incorporates Source Control BMPs and provides a detailed description of their implementation;
c. Describes the long-term operation and maintenance requirements for BMPs requiring maintenance; and
d. Describes the mechanism for funding the long-term operation and maintenance of the BMPs.

A copy of the final WQMP template can be obtained on the City’s Website or by contacting the Land Development Division. A digital (pdf) copy of the approved final project-specific Water Quality Management Plan (WQMP) shall be submitted to the Land Development Division.
109. The final project-specific Water Quality Management Plan (WQMP) shall be consistent with the approved P-WQMP, as well as in full conformance with the document: “Water Quality Management Plan - A Guidance Document for the Santa Ana Region of Riverside County” dated October 22, 2012. The F-WQMP shall be submitted and approved prior to application for and issuance of grading permits. At a minimum, the F-WQMP shall include the following: Site Design BMPs; Source Control BMPs, Treatment Control BMPs, Operation and Maintenance requirements 18 of 31
F.2.b
Packet Pg. 428
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 19 ends

for BMPs and sources of funding for BMP implementation. a. The
Applicant has proposed to incorporate the use of underground infiltration basin. Final design and sizing details of all BMPs must be provided in the first submittal of the F-WQMP. The Applicant acknowledges that more area than currently shown on the plans may be required to treat site runoff as required by the WQMP guidance document.
b. The Applicant shall substantiate the applicable Hydrologic Condition of Concerns (HCOC) in Section F of the F-WQMP.
c. All proposed LID BMP’s shall be designed in accordance with the RCFC&WCD’s Design Handbook for Low Impact Development Best Management Practices, dated September 2011.
d. The proposed LID BMP’s as identified in the project-specific P-WQMP shall be incorporated into the Final WQMP.
e. The NPDES notes per City Standard Drawing No. MVFE-350-0 shall be included in the grading plans.
f. Post-construction treatment control BMPs, once placed into operation for post-construction water quality control, shall not be used to treat runoff from construction sites or unstabilized areas of the site.
g. Prior to precise grading plan approval, the grading plan shall show any proposed trash enclosure to include a cover (roof) and sufficient size for dual bin (1 for trash and 1 for recyclables). The architecture shall be approved by the Planning Division and any structural approvals shall be made by the Building & Safety Division.
110. The developer shall ensure compliance with the City Grading ordinance, these Conditions of Approval and the following criteria:
a.

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 20 ends

112. The developer shall select Low Impact Development (LID) Best Management Practices (BMPs) designed per the latest version of the Water Quality Management Plan (WQMP) - a guidance document for the Santa Ana region of Riverside County. 113. The developer shall submit recorded slope easements from adjacent property owners
in all areas where grading resulting in slopes is proposed to take place outside of the project boundaries. For all other offsite grading, written permission from adjacent property owners shall be submitted.
114. Any proposed trash enclosure shall include a solid cover (roof) and sufficient size for dual bin (one for trash and one for recyclables). The architecture shall be approved by the Planning Division and any structural approvals shall be made by the Building & Safety Division.
115. For projects that will result in discharges of storm water associated with construction with
a soil disturbance of one or more acres of land, the developer shall submit a Notice of Intent (NOI) and obtain a Waste Discharger’s Identification number (WDID#) from the State Water Quality Control Board (SWQCB) which shall be noted on the grading plans.
116. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared in conformance with the State’s current Construction Activities Storm Water General Permit. A copy of the current SWPPP shall be kept at the project site and be available for review upon request.

Prior to Grading Permit
117. A receipt showing payment of the Area Drainage Plan (ADP) fee to Riverside County Flood Control and Water Conservation District shall be submitted. [MC

9.14.100(O)]
118. If the developer chooses to construct the project in phases, a Construction Phasing Plan
for the construction of on-site public or private improvements shall be submitted for review and approved by the City Engineer. 119. Security, in the form of a cash deposit (preferable), bond or letter of credit shall be submitted as a guarantee of the implementation and maintenance of erosion control measures. At least twenty-five (25) percent of the required security shall be in the form of a cash deposit with the City. [MC 8.21.160(H)]
120. Security, in the form of a cash deposit (preferable), bond or letter of credit shall be submitted as a guarantee of the completion of the grading operations for the project. [MC 8.21.070]
20 of 31
F.2.b
Packet Pg. 430
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 21 ends

121. For non-subdivision projects, a copy of the Covenants, Conditions and Restrictions (CC&Rs) shall be submitted for review by the City Engineer. The CC&Rs shall include, but not be limited to, access easements, reciprocal access, private and /or public utility easements as may be relevant to the project.

Prior to Improvement Plan Approval
122. The developer is required to bring any existing access ramps adjacent to and fronting
the project to current ADA (Americans with Disabilities Act) requirements.

However, when work is required in an intersection that involves or impacts existing access ramps, all access ramps in that intersection shall be retrofitted to comply with current ADA requirements, unless otherwise approved by the City Engineer. 123. The street improvement plans shall comply with current City policies, plans and applicable City standards (i.e. MVSI-160 series, etc.) throughout this project. 124. The design plan and profile shall be based upon a centerline, extending beyond the project
boundaries a minimum distance of 300 feet at a grade and alignment approved by the City Engineer.
125. The hydrology study shall be designed to accept and properly convey all off -site drainage
flowing onto or through the site. In the event that the City Engineer permits the use of streets for drainage purposes, the provisions of current City standards shall apply. Should the quantities exceed the street capacity or the use of streets be prohibited for drainage purposes, as in the case where one travel lane in each direction shall not be used for drainage conveyance for emergency vehicle access on streets classified as minor arterials and greater, the developer shall provide adequate facilities as approved by the City Engineer. [MC 9.14.110 A.2] 126. All public improvement plans (prepared by a licensed/registered civil engineer) shall be submitted for review and approved by the City Engineer per the current submittal requirements.
127. Any missing or deficient existing improvements along the project frontage within the Public
Right-of-Way shall be constructed or secured for construction. The City Engineer may require the ultimate structural section for pavement to half-street width plus 18 feet or provide core test results confirming that existing pavement section is per current City Standards; additional signing & striping to accommodate increased traffic imposed by the development, etc.
128. For non-subdivision projects, all street dedications shall be free of encumbrances, irrevocably offered to the public and shall continue in force until the City accepts or abandons such offers, unless otherwise approved by the City Engineer. 21 of 31
F.2.b
Packet Pg. 431
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 22 ends

129. The plans shall indicate any restrictions on trench repair pavement cuts to reflect the City’s
moratorium on disturbing newly-constructed pavement less than three (3) years old and recently slurry sealed streets less than one (1) year old. Pavement cuts may be allowed for emergency repairs or as specifically approved in writing by the City Engineer. Special requirements shall be imposed for repaving, limits to be determined by the City Engineer.
130. All dry and wet utilities shall be shown on the plans and any crossings shall be potholed
to determine actual location and elevation. Any conflicts shall be identified and addressed on the plans. The pothole survey data shall be submitted to Land Development with the public improvement plans for reference purposes only. The developer is responsible to coordinate with all affected utility companies and bear all costs of any utility relocation.
131. Prior to improvement plan approval, pavement core samples of existing pavement shall
be taken and findings submitted to the City for review and consideration of pavement improvements. The City will determine the adequacy of the existing pavement structural section. If the existing pavement structural section is found to be adequate, the developer may still be required to perform a 2 inch grind and overlay or slurry seal, depending on the severity of existing pavement cracking, as required by the City Engineer. If the existing pavement section is found to be inadequate, the Developer shall replace the pavement to meet or exceed the City's pavement structural section standard.

Prior to Encroachment Permit
132. The plans shall indicate any restrictions on trench repair pavement cuts to reflect the City’s
moratorium on disturbing newly-constructed pavement less than three (3) years old and recently slurry sealed streets less than one (1) year old. Pavement cuts may be allowed for emergency repairs or as specifically approved in writing by the City Engineer. Special requirements shall be imposed for repaving, limits to be determined by the City Engineer.
133. Any work performed within public right-of-way requires an encroachment permit. 134. For non-subdivision projects, execution of a Public Improvement Agreement (PIA) and/or security (in the form of a cash deposit or other approved means) may be required as determined by the City Engineer. [MC 9.14.220] Prior to Building Permit
135. An engineered-fill certification, rough grade certification and compaction report shall be submitted for review and approved by the City Engineer. A digital (pdf) copy of 22 of 31
F.2.b
Packet Pg. 432
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 23 ends

the approved compaction report shall be submitted to the Land Development Division.

All pads shall meet pad elevations per approved grading plans as noted by the setting of “blue-top” markers installed by a registered land surveyor or licensed civil engineer.
136. A walk through with a Land Development Inspector shall be scheduled to inspect existing
improvements within public right of way along project frontage. Any missing, damaged or substandard improvements including ADA access ramps that do not meet current City standards shall be required to be installed, replaced and /or repaired. The applicant shall post security to cover the cost of the repairs and complete the repairs within the time allowed in the public improvement agreement used to secure the improvements.
137. Certification to the line, grade, flow test and system invert elevations for the water quality
control BMPs shall be submitted for review and approved by the City Engineer (excluding models homes).
138. For non-subdivision projects, all street dedications shall be free of encumbrances, irrevocably offered to the public and shall continue in force until the City accepts or abandons such offers, unless otherwise approved by the City Engineer. 139. Prior to building permit issuance, the developer shall dedicate the following right of way to accommodate the required improvements:
(a)
The necessary street right of way dedication on the north side of Cactus Avenue (88’ R/W / 64’ CC: Minor Arterial, City Standard No. MVSI-105A-2) along the project frontage.
(b) A 4 foot minimum pedestrian right of way dedication behind any driveway approach per City Standard No. MVSl-112C-0.
(c) Corner cutback right of way dedication per City Standard No. MVSl-165-0 on all intersecting public streets, as directed by the City Engineer.

Prior to Occupancy
140. The final/precise grade certification shall be submitted for review and approved by the City Engineer.
141. The developer shall complete all public improvements in conformance with current City
standards, except as noted in the Special Conditions, including but not limited to the following:
a. Street improvements including, but not limited to: pavement, base, curb and/or gutter, cross gutters, spandrel, sidewalks, drive approaches, pedestrian ramps, street lights (MVU: SL-2), signing, striping, under sidewalk drains, landscaping and irrigation, medians, pavement tapers/transitions and traffic control devices as appropriate.
23 of 31
F.2.b
Packet Pg. 433
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 24 ends

b. Storm drain facilities including, but not limited to: storm drain pipe, storm drain laterals, open channels, catch basins and local depressions. c. City-owned utilities.
d. Sewer and water systems including, but not limited to: sanitary sewer, potable water and recycled water.
142. The applicant shall ensure the following, pursuant to Section XII. I. of the 2010 NPDES Permit:
a. Field verification that structural Site Design, Source Control and Treatment Control BMPs are designed, constructed and functional in accordance with the approved Final Water Quality Management Plan (WQMP).
b. Certification of best management practices (BMPs) from a state licensed civil engineer. An original WQMP BMP Certification shall be submitted for review and approved by the City Engineer.
143. For commercial, industrial and multi-family projects, a “Stormwater Treatment Device and Control Measure Access and Maintenance Covenant”, "Maintenance Agreement for Water Quality Improvements located in the public right-of-way" and a "Declaration of Restrictive Covenants (encroachment on City easement)" shall be recorded to provide public notice of the maintenance requirements to be implemented per the approved final project-specific WQMP. A boilerplate copy of the covenants and agreements can be obtained by contacting the Land Development Division.
144. Prior to occupancy, the following improvements shall be completed:

The
four existing ADA ramps at the intersection of Nason Street and Cactus Avenue and at the intersection of Nason Street and East Hospital Road shall be reconstructed to be compliant with current ADA standards, as applicable. An existing maintenance easement west of the intersection of Nason Street and East 24 of 31
F.2.b
Packet Pg. 434
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 25 ends

Hospital Road allows for necessary reconstruction work. 146. All required as-built plans (prepared by a registered/licensed civil engineer) shall be submitted for review and approved by the City Engineer per the current submittal requirements.
147. Nason Street (100’ R/W / 76’ CC: Divided Arterial, City Standard No.

MVSI-104A-1 (modified)) shall be constructed to achieve a varying half-width of 47’ along the entire project's west frontage.

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

Special Districts Division
149. Street Light Coordination/Advanced Energy Fees. Prior to the issuance of the 1st Building Permit for this project, the Developer shall pay New Street Light Installation Fees for all street lights required to be installed for this development. Payment will be collected by the Land Development Division. Fees are based on the street light administration/coordination and advanced energy fees as set forth in the City Fees, Charges, and Rates as adopted by City Council and effective at the time of payment. Any change in the project which increases the number of street lights to be installed requires payment of the fees at the then current fee. Questions may be directed to the Special Districts Administration at 951.413.3470 or [email protected].
150. Major Infrastructure SFD Major Infrastructure Financing District. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate 25 of 31
F.2.b
Packet Pg. 435
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 26 ends

the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation) to provide an ongoing funding source for the construction and maintenance of major infrastructure improvements, which may include but is not limited to thoroughfares, bridges, and certain flood control improvements. This condition will be applicable provided said district is under development at the time this project applies for the 1st Building Permit. This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful annexation/formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector(s) will not protest the annexation or formation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings. An alternative to satisfying this condition will be identified at such time as a special financing district has been established. At the time of development, the developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to determine if this condition is applicable. 151. Park Maintenance Funding. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or fund an endowment) to provide an ongoing funding source for the continued maintenance, enhancement, and/or retrofit of parks, open spaces, linear parks, and/or trails systems.

This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful annexation/formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector(s) will not protest the annexation or formation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special 26 of 31
F.2.b
Packet Pg. 436
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 27 ends

election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings.

Alternatively, the condition can be satisfied by the Developer funding an endowment in an amount sufficient to yield an annual revenue stream that meets the annual obligation, as calculated by Special Districts Admin staff. The Developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to satisfy this condition.
152. Maintenance Services Funding. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation) to provide an ongoing funding source for the operation and maintenance of public improvements and/or services associated with impacts of the development. This condition will only be applicable provided said district is under development at the time this project applies for the 1st Building Permit.

An alternative to satisfying this funding source will be identified at such time as a special financing district has been established. At the time of development, the developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to determine if this condition is applicable. 153. Public Safety Funding. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation ) to provide an ongoing funding source for Public Safety services, which may include but is not limited to Police, Fire Protection, Paramedic Services, Park Rangers, and 27 of 31
F.2.b
Packet Pg. 437
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 28 ends

Animal Control services. This condition will only be applicable provided said district is under development at the time this project applies for the 1st Building Permit.

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

An alternative to satisfying this condition will be identified at such time as a special financing district has been established. At the time of development, the developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to determine if this condition is applicable. 154. Bioretention Basin Maintenance. The ongoing maintenance of any bioretention basin,
or other like water quality BMP constructed in the public right of way, shall be the responsibility of a property owner association or the property owner. 155. Maintenance Responsibility. The ongoing maintenance of any landscaping required to be installed behind the curb shall be the responsibility of the property owner. 156. CFD 2014-01. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee, form an association to fund the services or fund an endowment) to provide an ongoing funding source for Street Lighting Services for capital improvements, energy charges, and maintenance.

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 29 ends

or formation of the district, the qualified elector(s) will not protest the annexation or formation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings.

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

MVSI-112C-0 for
commercial driveway approaches and as shown on the approved site plan, dated April 6, 2023.
159. All proposed on-site traffic signing and striping should be accordance with the latest California Manual on Uniform Traffic Control Devices (CAMUTCD). 160. Nason Street is classified as a Divided Major Arterial along the project frontage.

Any
improvements undertaken by this project shall be consistent with the City's standards. Communication conduit shall be installed along the project frontage per City Standard Plan No. MVSI-186-0.
161. Cactus Avenue is classified and shall be improved as a Minor Arterial (88'RW/64'CC)
per City Standard Plan No. MVSI-105A-2. Any necessary
transitions shall be constructed to match to adjacent improvements. 162. Access at the project driveways shall be as follows:
- North driveway on Nason Street (currently signalized): inbound movements only. - South driveway on Nason Street: right-turn in/out only - West driveway on Cactus Avenue: full access
- East driveway on Cactus Avenue: right-turn in/out only 29 of 31
F.2.b
Packet Pg. 439
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 30 ends

163. Prior to issuance of an encroachment permit for work within the public right-of-way, construction
traffic control plans prepared by a qualified, registered Civil or Traffic engineer shall be required for plan approval by the City Traffic Engineer. 164. Prior to issuance of a certificate of occupancy, all approved street improvements shall be installed to the satisfaction of the City Engineer. 165. Prior to issuance of a certificate of occupancy, all signing and striping shall be installed per current City Standards and the approved plans. 166. Prior to issuance of a certificate of occupancy, the applicant shall make a fair -share contribution
to the City of Moreno Valley for the additional southbound right-turn lane at the intersection of Nason Street and Iris Avenue, as identified in the traffic analysis.
167. Prior to final approval of any landscaping or monument sign plans, the project plans shall
demonstrate that sight distance at the project driveways conforms to City Standard Plan No. MVSI-164A, B, C-0.
168. Prior to the final approval of the street improvement plans, a signing and striping plan
shall be prepared per City of Moreno Valley Standard Plans - Section 4 for all streets within the project area.
169. Prior to final approval of street improvement plans, traffic signal modification plan shall
be prepared for the existing traffic signal at the intersection of Nason Street/Hospital Road. Modifications may include, but are not limited to, signal head replacement, new signal poles/mast arms, new traffic detector loops or video/radar detection system, etc. Specific modifications shall be determined during the plan check review.
170. Prior to the final approval of the street improvement plans, the intersection of Nason Street
and Cactus Avenue shall be designed to provide the following (at a minimum):
- Northbound: two left-turn lanes, two through lanes, and one right-turn lane; - Southbound: one left-turn lane, two through lanes, and one right-turn lane; - Eastbound: one left-turn lane, one through lane, and one right-turn lane; - Westbound: one left-turn lane, one though lane, and one shared through/right-turn lane.
171. Any modifications to the existing traffic signal at the intersection of Nason Street and
Cactus Avenue shall be in conformance with the California Manual on uniform Traffic Control Devices (CA MUTCD) and city standards.
172. Final map, grading plans, and street improvement plans shall be consistent with the approved site plan dated April 6, 2023.
30 of 31
F.2.b
Packet Pg. 440
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN21-0289)

Page 31 ends

173. Prior to the final approval of the street improvement plans, a signing and striping plan
shall be prepared per City of Moreno Valley Standard Plan - Section 4 and California Manual on Uniform Traffic Control Devices (CAMUTCD). Plans shall provide a 150-ft westbound let-turn storage lane at the intersection of Cactus Avenue and Nason Street.
174. A copy of the Covenants, Conditions and Restrictions (CC&Rs) shall be submitted for review by the City Engineer. The CC&Rs shall include a section that will encourage employers to promote telecommuting or alternative/flexible work schedules, as identified in mitigation measure TRANS-3. 175. All transportation mitigation measures shall be satisfied, except TRANS-1 and TRANS-2.

TRANS-1 and TRANS-2 are no longer applicable due to changes to CEQA guidelines associated with Senate Bill 743.

PARKS & COMMUNITY SERVICES DEPARTMENT
176. This project is subject to current Development Impact Fees. 31 of 31
F.2.b
Packet Pg. 441
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St Exhibit C
Plot Plan (PEN23-0081) Conditions of Approval
F.2.b
Packet Pg. 442
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN23-0081)

Page 1 ends

CITY OF MORENO VALLEY

CONDITIONS OF APPROVAL
Plot Plan (PEN23-0081)
EFFECTIVE DATE:

EXPIRATION DATE:

COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division

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 1 of 31
F.2.b
Packet Pg. 443
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN23-0081)

Page 2 ends

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

9.14.020)

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

11. Drive-up or drive-through speaker system shall not be detectable above daytime ambient
noise levels beyond the property line boundaries, and shall not exceed fifty-five (55) dBA at any one time beyond the boundaries of the property line. 2 of 31
F.2.b
Packet Pg. 444
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN23-0081)

Page 3 ends

(MC9.09.080 C.6 and 9.10.140)

12. The shopping center parking lot lighting shall be maintained in good repair and shall comply with the Municipal Code lighting standards.

This Master Plot Plan includes all on-site and off-site improvements with reciprocal access, per the approved plans and Municipal Code Requirements.

All improvements are required
with the first building. A change or modification
shall require separate approval. For the Conditional Use Permits, violation (s) may result in revocation of the Conditional Use Permit.

16. The Preliminary Grading Plan will be revised to match the approved site plan dated April 6, 2023 during the Grading Plan submittal/review process.

Prior to Grading Permit

17. Prior to issuance of any grading permit, all Conditions of Approval and Mitigation Measures shall be printed on the grading plans.
3 of 31
F.2.b
Packet Pg. 445
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN23-0081)

Page 4 ends

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

24. Prior to the issuance of grading permits, the developer shall submit wall/fence plans to the Building and Safety Division for the Planning Division review and approval as follows:
a. A maximum 6-foot-high solid decorative block perimeter wall with pilasters and a cap shall be required adjacent to all residential zoned areas. b. 3-foot high decorative wall, solid hedge, or berm shall be placed in any setback areas between a public right of way and a parking lot for screening. c. Any proposed retaining walls shall also be decorative in nature, while the combination of retaining and other walls on top shall not exceed the height requirement.
4 of 31
F.2.b
Packet Pg. 446
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN23-0081)

Page 5 ends

d. Walls and fences for visual screening are required when there are adjacent residential
uses or residentially zone property. The height, placement, and design will be based on a site-specific review of the project. All walls are subject to the approval of the Planning Official. (MC 9.08.070)

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

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

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

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

The plans shall be prepared in accordance with the City's Landscape Requirements and shall include:
a. A three (3) foot high decorative wall, solid hedge, or berm shall be placed in any setback areas between a public right of way and a parking lot for screening. b. Finger and end planters with required step-outs and curbing shall be provided every 12 parking stalls as well as at the terminus of each aisle. c. Diamond planters shall be provided every 3 parking stalls where required. d. Drought tolerant landscape shall be used. No sod shall be installed e. Street trees shall be provided every 40 feet on-center. f. On-site trees shall be planted at an equivalent of one (1) tree per thirty (30) 5 of 31
F.2.b
Packet Pg. 447
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN23-0081)

Page 6 ends

linear feet of the perimeter of a parking lot and per thirty linear feet of a building dimension for
the portions of the building visible from a parking lot or right of way .

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

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

34. Prior to or at building plan check submittal, the elevation plans shall include decorative lighting
sconces on all sides of the buildings of the complex facing a parking lot, courtyard or plaza, or public right of way or open space to provide up-lighting and shadowing on the structures. Include drawings of the sconce details for each building within the elevation plans, approved by the Planning Division prior to building permit issuance.

35. Detailed, on-site, computer generated, point-by-point comparison lighting plan, including exterior building, parking lot, and landscaping lighting, shall be included in the Building Plans for review by the Planning Division. The lighting plan shall be generated on the plot plan and shall be integrated with the final landscape plan. The plan shall indicate the manufacturer's specifications for light fixtures used, shall include style, illumination, location, height and method of shielding per the City’s Municipal Code requirements. After the third plan check review for lighting plans, 6 of 31
F.2.b
Packet Pg. 448
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN23-0081)

Page 7 ends

an additional plan check fee will apply. (MC 9.08.100, 9.16.280)

Prior to Building Final or Occupancy

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

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

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

9.080.070).

Building Division

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

44. Any construction within the city shall only be as follows: Monday through Friday seven a.m. to seven p.m(except for holidays which occur on weekdays), eight a.m. 7 of 31
F.2.b
Packet Pg. 449
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN23-0081)

Page 8 ends

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

47. 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.

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

51. 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)

The contractors, or subcontracts, that have individual contracts with a value of $ 5 million or more are subject to this condition.

The qualifying contract price applies to each contract or subcontract for work performed at the jobsite, and not to the total value of the prime contract. In order to obtain a jobsite sub-permit, the contractor or subcontractor must meet the following criteria:
a) have an active permit with the California Department of Tax and Fee 8 of 31
F.2.b
Packet Pg. 450
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN23-0081)

Page 9 ends

Administration (CDTFA),
b) must be registered as a retailer, not consumer, of materials, and c) have an executed contract over $5 million to install materials at the jobsite.

ECONOMIC DEVELOPMENT DEPARTMENT (EDD)

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

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

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

FIRE DEPARTMENT
Fire Prevention Bureau

58. All Fire Department access roads or driveways shall not exceed 12 percent grade. 9 of 31
F.2.b
Packet Pg. 451
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN23-0081)

Page 10 ends

(CFC 503.2.7 and MVMC 8.36.060[G])

62. 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)

66. 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 10 of 31
F.2.b
Packet Pg. 452
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CONDITIONS OF APPROVAL
Plot Plan (PEN23-0081)

Page 11 ends

Valley Fire Department prior to beginning construction. They shall be maintained accessible.

8.36.100)

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

70. A fire extinguisher with a minimum rating of 3A:40BC shall be mounted in an accessible location within the cell site enclosure next to the fueled generator.

75. 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 11 of 31
F.2.b
Packet Pg. 453
Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St