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

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

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
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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
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(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
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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
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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)
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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
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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
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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
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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.
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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
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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
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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.

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.
111. Grading plans (prepared by a registered/licensed civil engineer) shall be submitted for review and approved by the City Engineer per the current submittal requirements.
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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]
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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
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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
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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.
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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:

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.

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
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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
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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
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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.

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

An alternative to satisfying this funding source will be identified at such time as a special financing district has been established. At the time of development, the developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to determine if this condition is applicable. 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
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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
CUP (PEN20-0112)

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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
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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.
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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
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Attachment: Resolution No. 2023-XX [Revision 1] (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St 1 Resolution No. 2023-XX
Date:

RESOLUTION NUMBER 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, AFFIR MING THE PLANNING COMMISSION’S CERTIFICATION AND APPROVAL OF THE PROPOSED PROJECT’S

INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND

MITIGATION MONITORING AND REPORTING PROGRAM
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California, and the lead agency for the preparation and consideration of environmental documents for local projects that are subject to requirements of the California Environmental Quality Act (CEQA 1) and CEQA
Guidelines2; and
WHEREAS, Winchester Associates for MV Cactus 9 (“Applicant”) has submitted applications for a Master Plot Plan (PEN21- 0289), Plot Plans (PEN23- 0081, PEN23 - 0082, and PEN23- 0083), Conditional Use Permits (PEN20- 0110, PEN20- 0111, and PEN20-0112), and Tentative Parcel Map No. 37942 (PEN21-0288) for an approximately

8.4-acre commercial center with associated public improvements ( collectively, “the Proposed Project” or “Project Entitlements”) located on the northeast corner of Cactus Avenue and Nason Street (APN: 486-290-038) (“Project Site”); and WHEREAS, Planning Division Staff completed an Initial Study for the Proposed Project and based on the Initial Study, recommended certification of a Mitigated Negative Declaration (“MND”) and approval of a Mitigation Monitoring and Reporting Program (“MMRP”) in accordance with Section 6 (ND Procedures) of the City’s Rules and Procedures for the Implementation of the California Environmental Quality Ac t and the requirements of CEQA the CEQA Guidelines Sections 15070 – 15075; and WHEREAS, a Notice of Intent to Adopt a Mitigated Negative Declaration was duly noticed and circulated for public review for a period of 20 days commencing on June 14, 2023, through July 5, 2023; and
WHEREAS, in compliance with CEQA and the CEQA Guidelines, an MMRP, which is a program for monitoring and reporting on the Proposed Project’s mitigation measures, was prepared for the Proposed Project and circulated with the MND; and WHEREAS, on July 13, 2023, a duly noticed public hearing was conducted by the Planning Commission to consider the Proposed Project’s MND and MMRP and approval of the Proposed Project; and
WHEREAS, at the conclusion of the public hearing, in the exercise of its own independent judgment, the Planning Commission determined that the MND and the MMRP prepared for the Proposed Project has reduced the potential impact of the Proposed Project to levels of insignificance and found that there is no substantial

1 Public Resources Code §§ 21000-21177
2 14 California Code of Regulations §§15000-15387
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evidence supporting a fair argument that the Proposed Project will significantly affect the environment in a manner that otherwise would require the preparation and certification of an Environmental Impact Report; and
WHEREAS, at the conclusion of the public hearing, the Planning Commission approved each Project Entitlement based on the necessary findings, as set forth in the Moreno Valley Municipal Code, that must be made in order to approve each of the Project Entitlements; and
WHEREAS, on July 24, 2023, Ibet Ruiz (“Appellant”) (PAA23-0007) appealed the Planning Commission’s decision based on 1) contamination, 2) gas spillage, 3) lower home values, and 4) crime; and
WHEREAS, on September 5, 2023, a duly noticed appeal hearing was conducted by the City Council regarding the above issues raised by Appellant.

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

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

Section 2. Evidence
That the City Council has considered all of the evidence submitted into the Administrative Record for APPEAL (PAA23 -0007), including, but not limited to, the following:
(a) Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the Proposed Project, attached hereto as Exhibit A;
(b) Notice of Intent to Adopt a Mitigated Negative Declaration, attached hereto as Exhibit B;
(c) Staff Report prepared for the Planning Commission’s consideration and all documents, records, and references related thereto, and Staff’s presentation at the public hearing;
(d) Testimony, comments, and correspondence from all persons that were provided at, or prior to, the July 13, 2023, Planning Commission public hearing;
(e) Appeal PAA23-0007;
(f) Staff Report prepared for the City Council’s consideration and all documents, records, and references related thereto, and Staff’s presentation at the appeal hearing; and
(g) Testimony, comments, and correspondence from all persons that were provided at, or prior to, the City Council September 5, 2023, appeal hearing; and
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Date:
(h) Proposed conditions of approval set forth in the Proposed Project entitlements.

Section 3. Findings
That based on the content of the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the City Council makes the following findings:
(a) That the MND and MMRP have been completed in compliance with CEQA and the CEQA Guidelines consistent with the City’s Rules and Procedures for the Implementation of the California Environmental Quality Act; (b) That the MND and MMRP are adequate to serve as the required CEQA environmental documentation for the Proposed Project;
(c) That the Planning Commission properly determined that all environmental impacts of the Proposed Project, with the mitigation measures set forth in the MMRP, have been reduced to levels of insignificance and there is no substantial evidence supporting a fai r argument that the Proposed Project will have a significant effect on the environment that would otherwise require the preparation and certification of an Environmental Impact Report; (d) That the MND and MMRP reflect both the independent judgment and analysis of the Planning Commission, the City Council and the City as Lead Agency.

Section 4. Denial of Appeal
That based on the foregoing Recitals, Evidence and Findings, as set forth herein, the City Council hereby denies Appeal, PAA23- 0007, affirming the Planning Commission’s certification and approval of the Proposed Project’s Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program.

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

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

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

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

PASSED AND ADOPTED THIS 5th day of September 2023, by the City Council of the City of Moreno Valley.

___________________________________
Ulises Cabrera,
Mayor of the City of Moreno Valley
ATTEST:

___________________________________
Jane Halstead, City Clerk

APPROVED AS TO FORM:

___________________________________
Steven B. Quintanilla, Interim City Attorney

Exhibits:

Exhibit A: Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
Exhibit B: Notice of Intent to Adopt a Mitigated Negative Declaration F.2.c
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Exhibit B

NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION F.2.k
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Attachment: Exhibit B to Resolution No. 2023-XX IS-MND (6364 : Appeal of Planning Commission approval of the Cactus Ave/Nason St

CITY OF MORENO VALLEY

NOTICE OF INTENT TO ADOPT A

MITIGATED NEGATIVE DECLARATION
NOTICE IS HEREBY GIVEN that the City of Moreno Valley is considering a recommendation that the project herein identified will have no significant environmental impact in compliance with Section 15070 of the CEQA guidelines. A copy of the MITIGATED NEGATIVE DECLARATION and the ENVIRONMENTAL CHECKLIST, which supports the proposed findings, are on file at the City of Moreno Valley.

Project: Master Plot Plan (PEN21-0289)
Tentative Parcel Map (PEN21-0288)
Conditional Use Permits (PEN20-0110, PEN20-0111, and PEN20-0112) Applicant: Daniel Slawson, Winchester Associates, Inc.

Property Owners: MV Cactus 9, LLC.

APN: 486-290-038
Location: Northeast corner of Cactus Avenue and Nason Street Proposal: The applicant is requesting approval of the following entitlements: 1) Master Plot Plan (PEN21- 0289), 2) Tentative Parcel Map No. 37942 (PEN21-0288), and 3) three Conditional Use Permits (PEN20-0110-0112) for the development of a commercial office and retail development with seven (7) buildings on approximately 8.4 acres in the Downtown Center (DC) Zoning District.

Council District: 3
This Notice of Intent (NOI) has been prepared to notify agencies and interested parties that the City of Moreno Valley as the Lead Agency has prepared an Initial Study/Mitigated Negative Declaration (IS/MND) pursuant to the requirements of the California Environmental Quality Act (CEQA) to evaluate the potential environmental impacts associated with construction and operation of the project as described below.

Project Description: The Cactus Avenue and Nason Street Commercial Office and Retail Development Project would construct approximately 89,805 square feet of commercial retail/office space on approximately 8.4 acres located on the northeast corner of Nason Street and Cactus Avenue. The proposed project includes seven (7) buildings consisting of three (3) mixed-use medical/office buildings ; two (2) drive-through food services buildings ; one (1) retail/restaurant building; one (1) convenience store with fuel service; and associated parking lots with on-site and off-site improvements.

The project site is not included on any list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.

Document Availability: The IS/MND and all documents incorporated and/or referenced therein, can be reviewed during normal business hours (7:30 a.m. to 5:30 p.m., Monday through Thursday and Friday, 7:30 a.m. to 4:30 p.m.) at the City of Moreno Valley Planning Division counter, located at 14177 Frederick Street, Moreno Valley, CA 92553. The documents may also be reviewed on the City’s website at http://www.moreno-valley.ca.us/cdd/documents/about- projects.html
Potential Environmental Impacts: The City of Moreno Valley has prepared an Initial St udy to determine the environmental effects associated with the above actions and finds the issuance of a Mitigated Negative Declaration is the appropriate level of environmental review. The Initial Study/Mitigated Negative Declaration concludes that all potentially significant impacts of the Project would be mitigated to a less than significant level.

Comment Deadline: Pursuant to Section 15105(b) of the CEQA Guidelines, the City has established a 20- day public review period for the Initial Study/Mitigated Negative Declaration which begins June 14, 2023 and ends Ju ly 5, 2023.

Written comments on the Initial Study/Mitigated Negative Declaration must be received at the City of Moreno Valley Community Development Department by no later than the conclusion of the 20- day review period, 5:30 p.m. on July 5, 2023. Written comments on the Initial Study/Mitigated Negative Declaration should be addressed to:

James Troyer, Case Planner
14177 Frederick Street
Post Office Box 88005
Moreno Valley, California 92552 Phone: (951) 413-3206
Email: [email protected]
Press-Enterprise June 14, 2023
Sean Kelleher Newspaper Date of Publication
Acting Community Development Director
Community Development Department
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1,261.9
WGS_1984_Web_Mercator_Auxiliary_Sphere
Feet1,261.90 630.96
Zoning Map - DC
DISCLAIMER: The information shown on this map was compiled from the City of Moreno Valley GIS and Riverside County GIS. The land base and facility information on this map is for display purposes only and should not be relied upon without independent verification as to its accuracy. Riverside County and City of Moreno Valley will not be held responsible for any claims, losses or damages resulting from the use of this map.

Notes:

Legend
6/21/2023Print Date:

Image Source: Nearmap
Zoning
Commercial
Center Mixed Use
Downtown Center
Corridor Mixed Use
Industrial/Business Park
Public Facilities
Highway Office/Commercial
Office
Business Flex
Large Lot Residential
Residential Agriculture 2 DU/AC
Residential 2 DU/AC
Suburban Residential
Multi-family
Open Space/Park
Master Plan of Trails
Bridge
Improved
Multiuse
Proposed
Regional
State
Road Labels
Parcels
City Boundary
Sphere of Influence
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ID#5917 Page 1

PLANNING COMMISSION

STAFF REPORT
Meeting Date: July 13, 2023

A PROPOSAL FOR THE DEVELOPMENT OF A COMMERCIAL OFFICE AND RETAIL DEVELOPMENT WITH SEVEN (7) BUILDINGS

Case: Master Plot Plan (PEN21-0289)
Plot Plans (PEN23 -0081, PEN23 -0082, and
PEN23-0083)
Conditional Use Permits (PEN20 -0110, PEN20-0111,
and PEN03-0112)
Tentative Parcel Map No, 37942(PEN21-0288)
Applicant: Winchester Associates
Property Owner: MV Cactus 9
Project Site: Northeast Corner of Nason Street and Cactus Avenue (486-290-038)
Case Planner: James Troyer, Contract Planner
Council District: 3
Proposed Project: The applicant is requesting approval of a commercial office and retail development with seven (7) buildings
on approximately 8.4 acres.

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

SUMMARY
Winchester Associates for MV CACTUS 9 (“Applicant”) has submitted applications for approval of a Master Plot Plan (PEN21 -0289) and Tentative Parcel Map (PEN21 -0288); The Proposed Project includes the following: a 6-pump gas station with an approximate 3,995 square foot convenience store (PEN20-0112); two (2) drive-thru food pads, Pad A (PEN20-0110) and Pad C (PEN20 -0111) totaling approximately 5,810 square feet; an F.2.o
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approximately 8,000 square foot retail/restaura nt, Pad B (PEN23 -0083); two (2) medical/office buildings, Med/Office Building No. 1 (PEN23 -0081) and Med/Office Building No. 2 (PEN23 -0082) totaling approximately 32,000 square feet; and one (1) commercial/office building totaling approximately 40,000 squa re feet, Comm/Office Building No. 3 (PEN21 -0289) with associated parking lots, landscaping and on and off - site improvements. The project is located on the northeast corner of Nason Street and Cactus Avenue (Project Site). The General Plan and the Zoning De signation is Downtown Center (DC). The Proposed Project, as designed and conditioned, is consistent with the goals, policies, and objectives of the City’s General Plan, as well as the requirements of the Downtown Center (DC) District and the City’s Municipal Code.

PROJECT DESCRIPTION
Proposed Project
Tentative Parcel Map
Tentative Parcel Map No. 37942 (PEN21 -0288) proposes to subdivide one (1) existing parcel (APN: 486 -290-038) into seven (7) parcel s to allow for the sale/leasing of the proposed buildings.

The Downtown Center (DC) District Municipal Code development standards require that new parcels be a minimum size of 10,000 square feet and have a minimum lot depth of 100 and width of 100 feet. All seven (7) proposed lots exceed the minimum requirements.

Master Plot Plan
The Proposed Project consists of a Master Plot Plan application for the development of an 8.4-acre Commercial Center with seven (7) buildings totaling approximately 89,805 square feet. The proposed commercial/retail/office center includes a 6-pump gas station with a 3,995 square foot convenience store; two (2) drive-thru food pads totaling 5,810 square feet; one (1) commercial/office building totaling 40,000 square feet ; and two (2) medical/office buildings totaling 32,000 square feet , alo ng with associated parking, landscaping, and off-site improvements.

All on -site and off -site improvements are conditioned to be completed with the first building, including all landscaping.

Plot Plans
The Proposed Project consists of three (3) Plot Plans: PEN23-0081 and PEN23-0082 for two medical office buildings (16,000 square feet each); PEN23-0083 for a retail building (8,000 square feet).

Conditional Use Permits
The Proposed Project consists of three (3) Conditional Use Permits : PEN20-0110 for a drive-thru restaurant (3,500 square feet ), PEN 20-0110 for a second drive -thru F.2.o
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restaurant (2,310 square feet), and PEN03-0112 for a fuel station with a convenience store with beer, wine, and spirits sales.

The City’s Municipal Code allows for auto service station s and restaurants with drive - throughs within the Downtown Center (DC) District, subject to the approval of a CUP.

A CUP allows the City to impose special development requirements to ensure that certain uses will not be detrimental to the Proposed Project’s surrounding properties. A CUP also allows the City to ensure that conditionally permitted uses are compatible with existing land uses.

The following summarizes the Project’s design elements that are intended to minimize impacts on the residential districts to the east and south:

A. Perimeter landscape parkways, fences, and screening tree rows along the site’s property lines.

B. A six-foot decorative block wall along the east property line.

The Proposed Project as designed and conditioned satisfies all re quirements of the General Plan and the Municipal Code.

Site and Surrounding Area
The Project Site is relatively flat vacant land located on the northeast corner of Cactus Avenue and Nason Street within the Downtown Center (DC) District. The property directly to the north of the Project Site is also vacant within the Downtown Center (DC) District. Existing single-family homes are located directly east and south with a zoning of Residential Agricultural 2 (RA2) District. Directly west is a medical building and a vacant lot adjacent to the Riverside University Health System Medical Center , also within the Downtown Center (DC) District.

Access/Parking
Proposed Project access is from three (3) new driveways: two (2) on Cactus Avenue and one (1) on Nason Street. Driveways are right-in and right-out except for one (1) full- access driveway on Cactus Avenue. The north driveway on Nason Street is currently signalized and will allow for inbound movements only per the project design.

The Project, as designed, will incorporate reciprocal access and parking. The Proposed Project includes a total of 442 parking spaces, consistent with Municipal Code requirements.

Design/Landscaping
The Proposed Project includes four (4) approximately 28-foot tall one-story commercial buildings, one (1) approximately 47-foot tall, 3-story commercial/office building, and two (2) approximately 35-foot tall 2 -story medical/office buildings. The proposed Building elevations present a modern -influenced architectural style. The exterior finishes inc lude F.2.o
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a combination of stucco and plaster finishes in earth -tone colors, brick veneer, metal trim, metal awnings, and spandrel glass. Tower elements and various wall finishes with different wall planes break up the massing and add focal points to the buildings.

The Proposed Project, as designed, conforms to all development standards of the Downtown Center (DC) District and the design guidelines for commercial developments prescribed in the City’s Municipal Code and City Landscape Standards.

The landscape el ements of the Proposed Project will include the landscape setback along Nason Street and Cactus Avenue to include street trees and shrubs, with on -site trees and shrubs in the internal site and parking lot landscape areas designed per the Landscape Requirements.

REVIEW PROCESS
As part of the standard review process, all appropriate outside agencies have considered the Proposed Project. The Proposed Project was reviewed by the Project Review Staff Committee as required by the Municipal Code. Following subse quent revisions and reviews by staff, the Proposed Project was deemed complete.

ENVIRONMENTAL
An Initial Study was prepared by ECORP Consulting Services, Inc. in compliance with the California Environmental Quality Act (CEQA) and its guidelines. The Initia l Study examined the potential impacts of the Proposed Project on the environment. The Initial Study/Mitigated Negative Declaration (IS/MND) serves as the appropriate CEQA documentation for the Proposed Project. With the implementation of the proposed mitigation measures, the Proposed Project will have a less than significant effect on the environment. Technical studies prepared in support of the IS/MND include the following:

Air Quality Impact Analysis, Biological Resources Assessment, Cultural Resource Report, Noise Impact Assessment, a Phase I Environmental Site Assessment, and a Traffic Report Addendum. Copies of the appendices to the IS/MND can be accessed from the link attached to this staff report. The documents can be reviewed at City Hall during operating hours.

Mitigation measures are recommended for the Proposed Project in the following areas:

Biological Resources, Cultural and Tribal Cultural Resources, Geology and Soils, Noise, and Transportation, all of which are incorporated into the Mitigation Monitoring and Reporting Program (MMRP). The measures for cultural resources have been included to address input from the Tribal governments. The measures are intended to ensure that potential resources that might be discovered are protected. However, the se measures are not required to address a known significant impact. Based on the Initial Study and with the implementation of the proposed mitigation measures, the Proposed Project will not cause any significant impacts to the environment.

The public comme nt period for the Notice of Availability of the Initial Study/Mitigated Negative Declaration began on June 1 4, 2023, and ended on July 5, 2023, (State Clearing House Number 2023050246) which satisfies the required 20-day review period F.2.o
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required for this pro ject. As of the preparation of this staff report, no comments have been received. Written comments received after the preparation of this staff report will be provided at the public hearing.

NOTIFICATION
Consistent with the City Municipal Code provisions, public notice was sent to all property owners of record within 600 feet of the Project Site, posted on the Project Site, and published in the Press Enterprise Newspaper. As of the preparation of this staff report, no public comments have been received regarding the proposed project.

REVIEW AGENCY COMMENTS
Staff has coordinated with outside agencies where applicable, as is the standard review process for these development applications.

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

A. ADOPT Resolution No. 2023-32, attached hereto, and thereby:

1. ADOPTING the Initial Study/Mitigated Negative Declaration prepared for Master Plot Plan (PEN21 -0289), Plot Plans (PEN23 -0081, PEN23 -0082, and PEN23 -0083), Conditional Us e Permits (PEN20 -0110, PEN20-0111, and PEN20 -0112), and Tentative Parcel Map No. 37942 (PEN21 -0288), on file with the Community Development Department, incorporated herein by this reference, which was completed in compliance with CEQA and the CEQA Guidelin es, and reflects that the Planning Commission reviewed and considered the information contained in the Initial Study/Mitigated Negative Declaration, and exercised its independent judgment and analysis of the proposed Project’s potential environmental impacts; and

2. ADOPTING the Mitigation Monitoring and Reporting Program prepared for the Project, which consists of Master Plot Plan (PEN21 -0289), Plot Plans (PEN23-0081, PEN23-0082, and PEN23 -0083), Conditional Use Permits (PEN20-0110, PEN20-0111, and PEN20-0112), and Tentative Parcel Map No. 37942 (PEN21-0288), pursuant to CEQA and the CEQA Guidelines.

B. ADOPT Resolution No. 2023-33 attached hereto, and thereby:

1. APPROVING Master Plot Plan (PEN21 -0289), Plot Plans (PEN23 -0081, PEN23-0082, and PEN23 -0083), Con ditional Use Permits (PEN20 -0110, PEN20-0111, and PEN20 -0112), and Tentative Parcel Map No. 37942 (PEN21-0288), based on the Recitals, Evidence contained in the Administrative Records and Findings as set forth in Resolution No. 2023-33.

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Prepared by: Approved by:

Julia Descoteaux Sean P. Kelleher
Associate Planner Acting Community Development Director

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

1. Resolution No. 2023-32 IS/MND/MMRP

2. Exhibit A to Resolution No. 2023-32

3. Appendix A - Air Quality GHG Energy

4. Appendix B - Biological Technical Report with Flysheet

5. Appendix C - Cultural Resource Inventory Report with Flysheet

6. Appendix D - Noise Impact Assessment

7. Appendix E - Phase I ESA with Flysheet

8. Appendix F - Traffic Report Addendum and VMT Memo with Flysheet

9. Public Comment Letter

10. Exhibit B to Resolution No. 2023-32

11. Resolution No. 2023-33

12. Project Plans 1 of 2

13. Project Plans 2 of 2

14. Zoning Map
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RESOLUTION NUMBER 2023-32

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MORENO VALLEY, CALIFORNIA, ADOPT ING A MITIGATED

NEGATIVE DECLARATION AND A MITIGATION MONITORING AND

REPORTING PROGRAM FOR A COMMERCIAL/ OFFICE CENTER
INCLUDING A MASTER PLOT PLAN (PEN21 -0289), PLOT PLAN S (PEN23-0081, PEN23 -0082, AND PEN23-0083), CONDITIONAL USE PERMITS ( PEN20-0110, PEN20 -0110, AND PEN20-0112, AND
TENTATIVE PARCEL MAP NO. 37942 (PEN21-0288) LOCATED ON THE

NORTHEAST CORNER OF CACTUS AVENUE AND NASON STREET ,
(APN: 486-290-038)
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California, and the lead agency for the preparation and consideration of environmental documents for local projects that are subject to requirements of the California Environmental Quality Act (CEQA 1) and CEQA
Guidelines2; and
WHEREAS, Winchester Associates for MV Cactus 9 (“Applicant”) has submitted applications for a Master Plot Plan (PEN21- 0289), Plot Plans (PEN 23-0081, PEN23- 0082, and PEN23-0083), Conditional Use Permits (PEN 20-0110, PEN20-0111, and PEN20-0112), and Tentative Parcel Map No. 37942 (PEN21-0288) for an approximately

8.4-acre commercial center with associated public improvements (“Proposed Project”) located on the northeast corner of Cactus Avenue and Nason Street (APN: 486-290-038) (“Project Site”); and
WHEREAS, Planning Division Staff completed an Initial Study ( environmental assessment) for the Proposed Project and based on the environmental assessment, recommend adoption of a Mitigated Negative Declaration (“MND”) and a Mitigation Monitoring and Reporting Program (“MMRP”) in accordance with Section 6 (ND Procedures) of the City’s Rules and Procedures for the Implementation of the California Environmental Quality Act and the requirements of CEQA the CEQA Guidelines Sections 15070 – 15075; and
WHEREAS, a Notice of Intent to Adopt a Mitigated Negative Declaration was duly noticed and circulated for public review for a period of 20 days commencing on June 14, 2023, through July 5, 2023; and
WHEREAS, in compliance with CEQA and the CEQA Guidelines, an MMRP, which is a program for monitoring and reporting on the Proposed Project’s mitigation measures was prepared for the Proposed Project and circulated with the MND; and

1 Public Resources Code §§ 21000-21177
2 14 California Code of Regulations §§15000-15387
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WHEREAS, on July 13, 2023, a duly noticed public hearing was conducted by the Planning Commission to consider the approval of the Proposed Project’s MND and MMRP and approval of the Proposed Project; and
WHEREAS, at the conclusion of the public hearing, in the exercise of its own independent judgment, the Planning Commission determined that the MND and the MMRP prepared for the Proposed Project has reduced the potential impact of the Proposed Project to levels of insignificance and there is no substantial evidence supporting a fair argument that the Proposed Project will significantly affect the environment in a manner that otherwise would require the preparation and certification of an Environmental Impact Report.

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

Section 1.

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

Section 2. Evidence
That the Planning Commission has considered all of the evidence submitted into the Administrative Record for the M ND and M MRP, including, but not limited to, the following:
(a) Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program prepared for the Proposed Project, attached hereto as Exhibit A;
(b) Notice of Intent to Adopt a Mitigated Negative Declaration, attached hereto as Exhibit B;
(c) Staff Report prepared for the Planning Commission’s consideration and all documents, records , and references related thereto, and Staff’s presentation at the public hearing; and
(d) Testimony, comments , and correspondence from all persons that were provided at, or prior to, the public hearing.

Section 3.

Findings
That based on the content of the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the Planning Commission makes the following findings:
(a) That all environmental impacts of the Proposed Project, with the mitigation measures set forth in the MMRP, have been reduced to level s of insignificance and there is no substantial evidence supporting a fair argument that the Proposed Project will have a significant effect on the F.2.o
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environment that would otherwise require the preparation and certification of an Environmental Impact Report;
(b) That the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been completed in compliance with CEQA and the CEQA Guidelines and are consistent with the City’s Rules and Procedures for the Implementation of the California Environmental Quality Act; (c) That t he Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program represent the independent judgment and analysis of the Planning Commission and the City as the lead agency for the Proposed Project; and
(d) That the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are adequate to serve as the required CEQA environmental documentation for the Proposed Project.

Section 4.

Adoption
That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings, as set forth herein, the Planning Commission hereby adopts the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program attached hereto as Exhibit A.

Section 5.

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

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

Section 7.

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

Sec tion 8. Certification
That the Secretary of the Planning Commission shall certify to the passage of this Resolution.
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PASSED AND ADOPTED THIS 13TH DAY OF JULY 2023.

CITY OF MORENO VALLEY

PLANNING COMMISSION
_____________________________________
Alvin DeJohnette,
Chairperson
ATTEST:

_____________________________________________
Sean P. Kelleher,
Community Development Director

APPROVED AS TO FORM:

_____________________________________________
Steven B. Quintanilla,
Interim City Attorney

Exhibits:

Exhibit A: Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
Exhibit B: Notice of Intent to Adopt a Mitigated Negative Declaration F.2.o
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RESOLUTION NUMBER 2023-33

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MORENO VALLEY, CALIFORNIA, APPROVING TENTATIVE PARCEL
MAP NO. 3 7942 (PEN21-0288), MASTER PLOT PLAN (PEN21-0289), PLOT PLANS (PEN23-0081, PEN23-0082, PEN23-0083), AND
CONDITIONAL USE PERMITS (PEN20-0110, PEN20-0111, PEN20-0112)

FOR A COMMERCIAL/OFFICE CENTER LOCATED ON THE

NORTHEAST CORNER OF CACTUS AVENUE BOULEVARD AND
NASON STREET, (APN: 486-290-038)
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California, and
WHEREAS, Winchester Associates for MV Cactus 9, (“Applicant”) has submitted applications for a Tentative Parcel Map No. 37942 (PEN21-0288) to subdivide one (1) existing parcel into seven (7 ) parcels for a Commercial/Office Center Development on approximately 8.4 acres with associated public improvements, a Master Plot Plan PEN21- 0289 for an approximately 8.4acre Commercial Center (89,805 SF); a CUP PEN20-0112 for a 6- pump service station with an ancillary convenience store (3,995 SF); a CUP PEN20-0111 for a Fast Food Pad (2,310 SF); a CUP PEN20 -0110 for a Fast Food Pad (3,500 SF); a Plot Plan PEN23- 0081 medical office building #1 (16,000 SF); Plot Plan PEN23-0082 for medical office building #2 (16,000 SF); Master Plot Plan PEN21- 0289 for Office Building #3 (40,000 SF) (“Proposed Project”); located at the northeast corner of Cactus Avenue and Nason Street (APN: 486-290-038) (“Project Site”); and WHEREAS, the Proposed Project has been evaluated in accordance with Chapter

9.14 (Land Divisions) of Title 9 (Planning & Zoning), Section 9.02.070 (Plot Plan) and

9.02.060 (Conditional Use Permits) of the Municipal Code with consideration given to the City’s General Plan, Zoning Ordinance, and other applicable laws and regulations; and WHEREAS, Chapter 9.14 (Land Division) of the Moreno Valley Municipal Code imposes conditions of approval upon projects for which a Tentative Parcel Map is required, which conditions may be imposed by the Planning Commission to address on- site improvements, off-site improvements, the manner in which the Project Site is used, and any other conditions as may be deemed necessary to protect the public health, safety, and welfare and ensure that the Proposed Project will be developed in accordance with the purpose and intent of Title 9 (Planning and Zoning) of the Municipal Code; and WHEREAS, Section 9.02.070 of the Municipal Code imposes conditions of approval upon projects for which a Plot Plan is required, which conditions may be imposed by the Planning Commission to address on-site improvements, off-site improvements, the manner in which the site is used and any other conditions as may be deemed necessary to protect the public health, safety and welfare and ensure that the Proposed Project will be developed in accordance with the purpose and intent of Title 9 (“Planning and Zoning”) of the Municipal Code; and
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WHEREAS, Section 9.02.020 (Permitted Uses) provides that Auto Service Stations, Fast Food Restaurants with drive- throughs are allowed within the Downtown Center (DC) District, with a properly secured conditional use permit approved through the Planning Commission when the use is located 300 feet of less from a residential zone or use; and
WHEREAS, Section 9.02.060 (Conditional Use Permits) of the Moreno Valley Municipal Code acknowledges that the purpose of conditional use permits is to allow the establishment of uses that may have special impacts or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location and that the conditional use permit application process involves the review of location, design, and configuration of improvements related to the Project, and the potential impact of the Project on the surrounding area based on fixed and established standards; and
WHEREAS, Section 9.02.060 of the Municipal Code imposes conditions of approval upon projects for which a Conditional Use Permit is required, which conditions may be imposed by the Planning Commission to address on- site improvements, off-site improvements, the manner in which the site is used, and any other conditions as may be deemed necessary to protect the public health, safety and welfare to ensure that the proposed Project will be developed in accordance with the purpose and intent of Title 9 (Planning and Zoning) of the Municipal Code; and
WHEREAS, consistent with the requirements of Chapter 9.14 (Land Divisions) , Section 9.02.060 (Conditional Use Permits) and Section 9.02.070 (Plot Plan) of the Municipal Code, at the public hearing the Planning Commission considered Conditions of Approval to be imposed upon Tentative Tract Map No. 37942 (PEN21-0288), Conditional Use Permits PEN20-0110, PEN 20-0111, PEN20 -0112 (“CUP”), Master Plot Plan (PEN21-0289) and Plot Plans (PEN 23-0081, PEN 23-0082, PEN 23-0083), which conditions were prepared by Planning Division staff who deemed said conditions to be necessary to protect the public health, safety, and welfare and to ensure the proposed Project will be developed in accordance with the purpose and intent of Title 9 (“Planning and Zoning”) of the Municipal Code; and
WHEREAS, pursuant to the provisions of Section 9.02.200 (Public Hearing and Notification Procedures) of the Municipal Code and Government Code Section 65905, a public hearing was scheduled for Ju ly 13, 2023, and notice thereof was duly published, posted, and mailed to all property owners of record within 600 feet of the Project Site; and WHEREAS, on July 13, 2023, the public hearing to consider the Proposed Project was duly conducted by the Planning Commission, at which time all interested persons were provided with an opportunity to testify and present evidence; and WHEREAS, at the public hearing, the Planning Commission considered whether each of the requisite findings specified in Section 9.14.070 of the Municipal Code and set F.2.o
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forth herein could be made concerning the Proposed Project as conditioned by Conditions of Approval; and
WHEREAS, on July 13, 2023, in accordance with the provisions of the California Environmental Quality Act (CEQA 1) and CEQA Guidelines 2, the Planning Commission approved Resolution 2023-32, certifying a Mitigated Negative Declaration and approving the Mitigation Monitoring and Reporting Program for the Proposed Project.

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

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

Section 2. No tice
That pursuant to Government Code Section 66020(d)(1), notice is hereby given that the Proposed Project is subject to certain fees, dedications, reservations, and other exactions as provided herein, in the staff report and conditions of approval (collectively, “Conditions”); and these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the ninety-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun.

Section 3
. Evidence
That the Planning Commission has considered all evidence submitted into the Administrative Record for the Proposed Project, including, but not limited to, the following:
(a) Moreno Valley General Plan and all other relevant provisions contained therein;
(b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code and all other relevant provisions referenced therein;
(c) Application for Tentative Tract Map No. 3 7942 ( PEN21-0288) including Resolution No. 2023- 34, and all documents, records, and references contained therein;
(d) Conditions of Approval for Tentative Tract Map No. 3 7942 (PEN21-00288), attached as Exhibit A;
(e) Application for Master Plot Plan (PEN21-0289) and Plot Plans (PEN23-0081, PEN23-0082, PEN 23-0083, including Resolution No. 202 3-33 and all documents, records, and references contained therein;
1 Public Resources Code §§ 21000-21177
2 14 California Code of Regulations §§15000-15387
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(f) Conditions of Approval for Master Plot Plan (PEN21-02 89 ) and Plot Plans (PEN23-0081, PEN 23-0082, PEN23-0082, attached hereto as Exhibits B, C, D, and E
;
(g) Application for the approval of Conditional Use Permits (PEN20-0110, PEN20-0111, PEN20-01 12) and all documents, r ecords, a
nd references contained therein;
(h) Conditions of Approval for Conditional Use Permits ( PEN20-0110 , PEN20-0111, PEN20-0112) attached hereto as Exhibits F, G, and H; (i) Staff Report prepared for the Planning Commission’s consideration and all documents,
records, and references related thereto, and Staff’s presentation at
the public hearing;
(j) Testimony, and/or comments from Applicant and its representatives during t
he public hearing; and
(k) Testimony and/or comments from all persons provided in written format or correspondence, at, or prior to, the public hearing.

Section 4. Findings
That based on the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, Planning Commission hereby approves the Proposed Project subject to the following findings:
(a) The Proposed land division is consistent with appl icable General and Specific Plans;
(b) The proposed project complies with all applicable zoning and other regulations;
(c) The proposed project will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; (d) The location, design and operation of the proposed project will be compatible with existing and planned land uses in the vicinity;
(e) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans;
(f) That the Project Site is physically suitable for the type of development; (g) That the Project Site of the proposed land division is physically suitable for the proposed density of the development;
(h) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
(i) That the design of the subdivision or type of improvements is not likely to cause serious public health problems;
(j) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision;
(k) That the requirements of CEQA have been satisfied;
(l) That the proposed land division is not subject to the Williamson Act pursuant to the California Land Conservation Act of 1965;
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(m) That the proposed land division and the associated design and improvements are consistent with applicable ordinances of the city; (n) That the design of the land division provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision; and (o) That the effect of the Proposed Project on the housing needs of the region were considered and balanced against the public service needs of the residents of Moreno Valley and available fiscal and environmental resources.

Section 5. A pprov
al
That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings, as set forth herein, the Planning Commission hereby approves the Proposed Project subject to the Conditions of Approval for Tentative Parcel Map N o. 37942 (PEN21-0188), attached hereto and Exhibit A, Master Plot Plan (PEN21-0 289) and Plot Plans (PEN23-0081 , PEN23-0082, PEN23-0083, attached hereto as Exhibits B, C, D, and E. and Conditions of Approval for Conditional Use Permits PEN20 -0110, PEN20-0111, PEN20-0112, attached hereto as Exhibits F, G, and H.

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

Section 7. Se verability
That the Planning Commission declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

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

Section 9. Ce rtification
That the Secretary of the Planning Commission shall certify to the passage of this Resolution.
[Remainder of Page Intentionally Left Blank]
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PASSED AND ADOPTED THIS 13th day of July 2023.

CITY OF MORENO VALLEY

PLANNING COMMISSION
________________________________
Alvin DeJohnette, Chairperson
ATTEST:
________________________________
Sean P. Kelleher,
Act
ing Community Development Director
APPROVED AS TO FORM:
________________________________
Steven B. Quintanilla, Interim City Attorney
Exhibits:

Exhibit A: Tentative Tract Map No. 37 942 (PEN21-0289) Conditions of Approval Exhibit B: Master Plot Plan (PEN21-0 289)
Conditions of Approval
Exhibit C: Plot Plan (PEN23-0081) Conditions of Approval Exhibit D: Plot Plan (PEN23-0 082) Conditions of Approval Exhibit E: Plot Plan (PEN23-0083) Conditions of Approval Exhibit F: Conditional Use Permit (PEN20-0110) Conditions of Approval Exhibit G: Conditional Use Permit (PEN20-0111) Conditions of Approval E
xhibit H: Conditional Use Permit (PEN20-0112) Conditions of Approval F.2.o
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Ten
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CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN21-0288)

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CITY OF MORENO VALLEY

CONDITIONS OF APPROVAL
Tentative Parcel Map (PEN21-0288)
EFFECTIVE DATE:

EXPIRATION DATE:

COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division

1. The Developer shall defend, indemnify and hold harmless the City, city council, commissions,
boards, subcommittees and the City’s elected and appointed officials, commissioners, board members, officers, agents, consultants and employees (“City Parties”) from and against any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following items: ( i) any prior or current agreements by and among the City and the Developer; (ii) the current, concurrent and subsequent permits, licenses and entitlements approved by the City; (iii) any environmental determination made by the City in connection with the Project Site and the Project; and (iv) any proceedings or other actions undertaken by the City in connection with the adoption or approval of any of the above. In the event of any administrative, legal, equitable action or other proceeding instituted by any third party (including without limitation a governmental entity or official) challenging the legality, validity or adequacy of any of the above items or any portion thereof, the Parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, the City, at its sole option, may tender the complete defense of any third party challenge as described herein. In the event the City elects to contract with special counsel to provide for such a defense, the City shall meet and confer with the Developer regarding the selection of counsel, and the Developer shall pay all costs related to retention of such counsel by the City.

2. 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)
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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 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)

6. 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.

7. 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.

Special Conditions

8. All site plans, grading plans, landscape and irrigation plans, and street improvement plans shall be coordinated for consistency with this approval.

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

10. Prior to grading plan approval, decorative block walls shall be provided along the street side for all corner lots. (MC 9.08.070)

11. Prior to recordation of the final map, the form of deed restriction or open space easement
(secured by Development Agreement or other form) binding on the land, the subdivider, and/or future land owners which shall prohibit an increase in the number of lots within the Hillside Residential District shall be submitted to and approved by the Planning Division. The map shall then be recorded with the approved restriction in place.
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12. The site shall be developed in accordance with the approved tentative map on file in the
Community Development Department -Planning Division, the Municipal Code regulations, General Plan, and the conditions contained herein. (MC 9.14.020)

13. 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)

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

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

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

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

17. Prior to issuance of building permit issuance, landscape plans (trees, shrubs and groundcover) for basins maintained by an HOA or other private entity shall be submitted to and approved by the Planning Division for the sides and/or slopes. A hydroseed mix w/irrigation is acceptable for the bottom of all the basin areas. All 3 of 30
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detention basins shall include trees, shrubs and groundcover up to the concreted portion
of the basin. A solid decorative (e.g. split face, color variation, pattern variation, or as approved by the Planning Official) wall with pilasters, tubular steel fence with pilasters or other fence or wall approved by the Planning Official is required to secure all water quality and detention basins more than 18 inches in depth.

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

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

20. Prior to any site disturbance and/or grading plan submittal, and or final map recordation, a mitigation monitoring fee, as provided by City ordinance, shall be paid by the applicant/owner. No City permit or approval shall be issued until such fee is paid. (CEQA)

21. 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.)

22. Prior to grading plan approval, wall and fence plans shall be submitted to and approved
by the Planning Division to include a six (6) foot high solid decorative (e.g. split face, color variation, pattern variation, or as approved by the Planning Official ) block wall along the all tract perimeters.

23. 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.

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

The sign shall include the following: The name and address of the development and the developer's name and address to include a 24-hour emergency phone number.

25. Prior to issuance of grading permits, the developer shall pay the applicable 4 of 30
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Stephen’s’ Kangaroo Rat (SKR) Habitat Conservation Plan mitigation fee.

26. Prior to recordation of the final subdivision map, the following documents shall be submitted
to and approved by the Planning Division which shall demonstrate that the project will be developed and maintained in accordance with the intent and purpose of the approval:
a. The document to convey title
b. Deed restrictions, easements, or Covenants, Conditions and Restrictions to be recorded
The approved documents shall be recorded at the same time that the subdivision map is recorded. The documents shall contain provisions for general maintenance of the site, joint access to proposed parcels, open space use restrictions, conservation easements, guest parking, feeder trails, water quality basins, lighting, landscaping and common area use items such as general building maintenance (apartments, condominiums and townhomes) tot lot/public seating areas and other recreation facilities or buildings. The approved documents shall also contain a provision, which provides that they may not be terminated and/or substantially amended without the consent of the City and the developer's successor-in-interest. (MC 9.14.090)
In addition, the following deed restrictions and disclosures shall be included within the document and grant deed of the properties:
a. The developer and homeowners association shall promote the use of native plants and trees and drought tolerant species.
b. All lots designated for open space and or detention basins, shall be included as an easement to, and maintained by a Homeowners Association (HOA) or other private maintenance entity. All reverse frontage landscape areas shall also be maintained by the onsite HOA. Language to this effect shall be included and reviewed within the required Covenant Conditions and Restrictions (CC&Rs) prior to the approval of the final map.
c. Maintenance of any and all common facilities.
d. A conservation easement for lettered lots shall be recorded on the deed of the property and shown on the final map. Said easement shall include access restrictions prohibiting motorized vehicles from these areas. e. Oleander plants or trees shall be prohibited on open space lots adjacent to multi-use trails.

27. Prior to approval of any grading permit, a tree plan shall be submitted to and approved
by the Planning Division. The plan shall identify all mature trees (4 inch trunk diameter or larger) on the subject property and City right-of-way. Using the grading plan as a base, the plan shall indicate trees to be relocated, retained, and removed. Replacement trees shall be shown on the plan, be a minimum size of 24 5 of 30
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inch box, and meet a ratio of three replacement trees for each mature tree removed or as approved by the Planning Official. (GP Objective 4.4, 4.5, DG)

28. All undeveloped portions of the site in perpetuity shall be maintained in a manner that provides for the control of weeds, erosion and dust. (MC 9.02.030)

29. 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.

30. Prior to grading plan approval, wall and fence plans shall be submitted to and approved
by the Planning Division subject to the City’s Municipal Code including the following:

A. A solid decorative (e.g. split face, color variation, pattern variation, or as approved by the Planning Official) block wall with pilasters and a cap is required along the east property line/perimeter of the project site, adjacent to single-family.

31. The site is approved for a Parcel Map to subdivide the approximate 8.4-acre parcel into seven (7) lots within the Master Plot Plan shopping center PEN21-0289. The Parcel Map shall include reciprocal access for all parcels. A change or modification will require a separate review.

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

Building Division

33. 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.

34. 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.

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

36. Any construction within the city shall only be as follows: Monday through Friday seven
a.m. to seven p.m(except for holidays which occur on weekdays), eight a.m. to four p.m.; weekends and holidays (as observed by the city and described in the Moreno Valley Municipal Code Chapter 2.55), unless written approval is first obtained from the Building Official or City Engineer.
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37. Building plans submitted shall be signed and sealed by a California licensed design professional as required by the State Business and Professions Code.

38. 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.

39. 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.

40. 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.

41. 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.

42. 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)

43. 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 7 of 30
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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.

FIRE DEPARTMENT
Fire Prevention Bureau

44. All Fire Department access roads or driveways shall not exceed 12 percent grade. (CFC 503.2.7 and MVMC 8.36.060[G])

45. 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)

46. 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)

47. 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)

48. 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)

49. 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)

50. Prior to issuance of building permits, plans specifying the required structural materials
for building construction in high fire hazard severity zones shall be submitted to the Fire Prevention Bureau for approval. (CFC, 4905)

51. 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])
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52. 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)

53. Existing fire hydrants on public streets are allowed to be considered available .

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

54. 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.

55. 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)

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

57. 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])

58. 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])

59. 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 9 of 30
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constructed by the developer within the public right of way in accordance with City Standards. (MVMC 8.36.060, CFC 501.4)

60. 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)

61. The minimum number of fire hydrants required, as well as the location and spacing of
fire hydrants, shall comply with the C.F.C., MVMC, and NFPA 24. Fire hydrants shall be located no closer than 40 feet to a building. A fire hydrant shall be located within 50 feet of the fire department connection for buildings protected with a fire sprinkler system. The size and number of outlets required for the approved fire hydrants are (6” x 4” x 2 ½” x 2 ½”) (CFC 507.5.1, 507.5.7, Appendix C, NFPA 24-7.2.3, MVMC 912.2.1)

62. 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)

63. 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)

64. 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)

65. 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)

66. 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.

67. 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. 10 of 30
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68. Prior to construction, all traffic calming designs/devices must be approved by the Fire Marshal and City Engineer.

69. 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)

70. 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)

71. 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 .

72. 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 11 of 30
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statement that sales and use tax does not apply to their portion of the project.

FINANCIAL & MANAGEMENT SERVICES DEPARTMENT
Moreno Valley Utility

73. 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.

74. 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.

75. Existing Moreno Valley Utility electrical infrastructure shall be preserved in place. 12 of 30
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PUBLIC WORKS DEPARTMENT
Land Development

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

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

77. 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]

78. 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.

79. 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.

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subject the owner, applicant, developer or contractor(s) to remedy as noted in City Municipal Code 8.14.090. In addition, the City Engineer or Building Official may suspend all construction related activities for violation of any condition, restriction or prohibition set forth in these conditions until such time as it has been determined that all operations and activities are in conformance with these conditions.

80. 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.

81. 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]

82. 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)]

83. 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]

84. 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.

85. 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.

86. The proposed private storm drain system shall connect to the proposed 14 of 30
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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.

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 15 of 30
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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
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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.

95. Grading plans (prepared by a registered/licensed civil engineer) shall be submitted 17 of 30
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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
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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.
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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
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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]
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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.
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133. Prior to occupancy, the following improvements shall be completed:

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
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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
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(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
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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
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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
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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]).
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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
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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
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Master Plot Plan (PEN21-0289) Conditions of Approval
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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.

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
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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
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(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.
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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.
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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
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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 .

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
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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
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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
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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
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(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
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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
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