Agenda packet, regular meeting — Moreno Valley City Council, December 19, 2023 (part 11 of 12)

unit townhouse condominium project, on a 16.59-acre portion of 32.56-acre project site.

The purpose of the Planned Unit Development (PUD) is to establish flexible standards to encourage innovation in housing types and provide amenities not generally found in suburban subdivisions, such as common open spaces and recreational areas. The General Plan Amendment (GPA), along with the Change of Zone (CZ), will allow for the change of the current land use designation from R2 Residential and Hillside Residential to R10 Residential and Parks/Open Space and the zoning designation from Residential 2 (R2) District and Hillside Residential (HR) District to Residential 10 (R10) District and Open Space (OS) District. The GPA, CZ, Conditional Use Permit (CUP), and Tentative Tract Map (TTM) together constitute the (“Proposed Project”).

PROJECT DESCRIPTION
General Plan Amendment
A General Plan Amendment (GPA) application was submitted to change the land use designation of the Project Site from R2 Residential and Hillside Residential to R10 Residential and Parks/Open Space. The R10 land use designation is intended to provide for a variety of residential products and to encourage innovation in housing types with amenities not generally found in suburban subdivisions, such as common open spaces and recreational areas. The primary purpose of areas designated Parks/Open Space is to provide areas that are substantially unimproved, including, but not limited to, areas for outdoor recreation and the preservation of natural resources.

The proposed General Plan Designations allow for the Proposed Project to be constructed on a 16.59-acre portion of 32.56-acre Project Site, while retaining the remainder of the Project Site as Open Space.

Change of Zone
A Change of Zone (CZ) application was submitted to rezone the Project Site from Residential 2 (R2) District and Hillside Residential (HR) District to Residential 10 (R10) District and Open Space (OS) District. Under the Proposed Project’s current Residential (R2) District, a maximum of 2.0 units per gross acre is allowed. To obtain the desired number of units a change of zone is required to rezone the Project Site to Residential 10 (R10) District, which allows up to 10.0 units per gross acre.

Conditional Use Permit for Planned Unit Development
The applicant proposes a Conditional Use Permit for a Planned Unit Development (PUD) to allow for flexible standards to address the unique characteristics of the site.

The PUD document (graphics and text) prepared for the Proposed Project will establish the land use regulations, development standards, and design guidelines for the tract, including the dedication of permanent open space.

The PUD document also provides guidelines for architectural themes for the townhomes, that meet or exceed City-wide design standards in the Municipal Code. All development within the tract must meet the standards stated in the PUD, including plotting, setbacks, open space areas, and architecture. Additionally, the PUD provides F.1.n
Packet Pg. 2484 Attachment: Planning Commission Staff Report (6434 : Gateway Heights Tract 38459)

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design guidance for community entrances and perimeter fencing around the community and around the drainage areas.

Tentative Tract Map
Tentative Tract Map No. 38459 will subdivide the 32.56 gross acres of vacant and unimproved land into one 16.59-acre (common-area) lot for 108 condominium units, and one 15.97-acre “remainder” lot for public open space. The tentative map would also create the interior private loop streets, and dedicate the 0.89-acre park site. All on-site streets and drainage facilities will be maintained lots by a Homeowners Association (HOA).

Site/Surrounding Area
The 32.56-acre Project Site is a vacant and unimproved pie-shaped hillside lot located on the east side of Morton Road at the northwestern City Boundary. The Project Site slopes gradually upward away from Morton Road. To the north, properties are located within unincorporated Riverside County and are part of the Box Springs Mountain Reserve. Properties to the east are vacant and located within the Hillside Residential (HR) District. Properties to the east are also located within unincorporated Riverside County and are designated as “Gateway Center” Specific Plan. Properties to the South are located within the Residential 5 (R5) District and Hillside Residential (HR) District and are generally developed with single-family homes.

Access/Parking
The Proposed Project’s access will be provided by Morton Road with a private loop road serving the units. The Proposed Project has been designed to exceed the minimum parking requirements, providing a two-car garage for each unit, as well as 50 guest parking spaces along the private streets.

Design/Landscaping
The PUD guidelines for the proposed development will include two elevation styles:

Santa Barbara and Modern Farmhouse. Each building style will have three color combinations to provide interest among the housing types.

The PUD includes typical configurations for the new homes and common area landscaping. The HOA will maintain all common area landscaping in an effort to maintain a consistent well-maintained appearance of the streetscapes within the community. The Proposed Project also includes a 0.89-acre park that will primarily serve the local neighborhood, including adjoining developed residential areas.

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 subsequent revisions and reviews by staff, the Proposed Project was determined to be complete.

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ENVIRONMENTAL
An Initial Study was prepared by Psomas, in compliance with the California Environmental Quality Act (CEQA) and its guidelines. The Initial 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 not have a significant effect on the environment. Technical studies prepared in support of the IS/MND include the following:

Air Quality Calculations, Biological Resources Report, Jurisdictional Delineation, Rare Plant Survey Report, Burrowing Owl Survey Report, and Determination of Biologically Equivalent or Superior Preservation (DBESP) Report, Cultural Reports, Energy Calculations, Geotechnical Report, Slope Stability Report, EDR Radius Map Report, Preliminary Drainage Report, Project Specific Water Quality Management Report, Planned Unit Development, Traffic Impact Analysis, and Fire Hazard Analysis and Approach. 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:

Aesthetics, Biological Resources, Cultural Resources, Energy, Geology and Soils, Hazards and Hazardous Materials, Public Resources, and Tribal Cultural Resources, all of which are incorporated into the Mitigation Monitoring and Report 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, these measures are not required to address a known significant impact. Based on the Initial Study and the proposed mitigation measures, the Proposed Project will not cause any significant impacts to the environment. In response to comments received from the California Department of Fish and Wildlife, mitigation measures have been slightly modified. These modifications do not result in a substantial change that would require recirculation of the environmental document.

The public comment period for the Notice of Availability of the Initial Study/Mitigated Negative Declaration began on March 2, 2023 and ended on March 31, 2023, (State Clearing House Number 2023020680) which satisfies the required 30-day review period required for this project.

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
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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. That the Planning Commission ADOPT Resolution No. 2023-22, and thereby RECOMMEND the City Council:

1. ADOPT the Initial Study/Mitigated Negative Declaration prepared for General Plan Amendment (PEN20-0095), Change of Zone (PEN20-0096), Conditional Use Permit for a Planned Unit Development (PEN21-0066), and Tentative Tract Map No. 38459 (PEN22-0127), on file with the Community Development Department, incorporated herein by this reference, which was completed in compliance with CEQA and the CEQA Guidelines, and reflects that the Planning Commission and City 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. ADOPT the Mitigation Monitoring and Reporting Program prepared for the Proposed Project, which consists of General Plan Amendment (PEN20-0095), Change of Zone (PEN20-0096), Conditional Use Permit for a Planned Unit Development (PEN21-0066), and Tentative Tract Map No. 38459 (PEN22-0127), pursuant to CEQA and its guidelines.

B. That the Planning Commission ADOPT Resolution No. 2023-23, and thereby RECOMMEND the City Council:

1. APPROVE General Plan Amendment (PEN20-0095) based on the Recitals, Evidence contained in the Administrative Records and Findings as set forth in Resolution No. 2023-23 and any necessary and corresponding amendment to the City’s Zoning Atlas to reflect the proposed changes in the zoning classification and/or redistricting associated with the General Plan Amendment.

C. That the Planning Commission ADOPT Resolution No. 2023-24, and thereby RECOMMEND the City Council:

1. APPROVE Change of Zone (PEN20-0096) based on the Recitals, Evidence contained in the Administrative Records and Findings as set forth in Resolution No. 2023-24 and any necessary and corresponding amendment to the City’s Zoning Atlas to reflect the proposed changes in the zoning classification and/or redistricting associated with the Change of Zone.

D. That the Planning Commission ADOPT Resolution No. 2023-26, and thereby RECOMMEND the City Council:

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Packet Pg. 2487 Attachment: Planning Commission Staff Report (6434 : Gateway Heights Tract 38459)

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1. APPROVE Conditional Use Permit for a Planned Unit Development (PEN21-0066), and Tentative Tract Map No. 38459 (PEN22-0127) based on the Recitals, Evidence contained in the Administrative Records and Findings as set forth in Resolution No. 2023-26.

Prepared by: Approved by:

Luis Lopez Sean P. Kelleher
Contract Planner - Civic Solution 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. 2023-22 - Initial Study

2. Exhibit A to Resolution No 2023-22 - Initial Study

3. Exhibit B to Resolution No 2023-22 - Notice of Intent to Adopt a Mitigated Negative Declaration/Newspaper Notice

4. Exhibit C to Resolution No 2023-22 - Mitigation Monitoring and Reporting Program

5. Appendicies A - G

6. Appendices H-L

7. Resolution No. 2023-23 - General Plan Amendment

8. Resolution No. 2023-24 - Change of Zone

9. Resolution No. 2023-26 CUP/TTM

10.Gateway Heights PUD - 1 of 3

11.Gateway Heights PUD - 2 of 3

12.Gateway Heights PUD - 3 of 3

13.Project Plans

14.Aerial Map

15.Public Comments
RESULT: APPROVED [UNANIMOUS]
MOVER: Ray L. Baker, Commissioner
SECONDER: JoAnn Stephan, Commissioner
AYES: JoAnn Stephan, Alvin DeJohnette, Omar Cobian, Ray L. Baker F.1.n
Packet Pg. 2488 Attachment: Planning Commission Staff Report (6434 : Gateway Heights Tract 38459) March 9, 2023
Luis Lopez, Contract Planner
City of Moreno Valley
14177 Frederick Street
PO Box 88005
Moreno Valley, CA 92552
Subject: EMWD Comments for the Gateway Heights Project Notice of Intent to Adopt a Mitigated Negative Declaration
Location: East side of Morton Road, approximately 300 feet north of Jennings Court in the City of Moreno Valley, Riverside County, California.

Dear Mr. Luis Lopez:

Eastern Municipal Water District (EMWD) thanks you for the opportunity to comment on the Notice of Intention to Adopt a Mitigated Negative Declaration for the Gateway Heights Project (project). The project proposes the construction of 108 detached townhouse condominium units, organized in 4-unit to 10-unit “clusters” on a total of 13 development pads. The project would be located on southwesterly

16.59 acres of the 32.56-acre project site. The 16.59 acres of the project site would be rezoned to Residential 10 District (R10) which allows maximum density of 10 dwelling units per net acre. The project would include a total of 3.1 acres of common open space, including trails and a 0.89-acre community park area at the center of the development. The remaining 15.97 acres of the project site would be rezoned to Open Space (OS) and dedicated as conservation land.

EMWD offers the following comments:

To define the impact(s) on the environment and on existing EMWD facilities, and as development within this area occurs over time, the proponents of implementing development projects shall consult EMWD’s Development Services Department to compare proposed and existing water demands and sewer flows, and prepare a Design Conditions report (DC), formally known as the Plan of Service (POS), to detail all F.1.o
Packet Pg. 2489 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) EMWD Comments
March 9, 2023

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pertinent facilities necessary to serve such implementing development projects, resulting in an approved DC, prior to final design and plan check of such facilities.

To help define EMWD’s Design Conditions, EMWD requires beginning dialogue with project proponents at an early stage in the site design and development, via a one-hour complementary Due Diligence meeting. To set up this meeting the project proponent should complete a Project Questionnaire (form NBD-058) and submit to EMWD. To download this form or for additional information, please visit our web page www.emwd.org, then select the “Developer” link, then select the “New Development Process Forms” link. This meeting will offer the following benefits:

1. Describe EMWD’s development process.

2. Identify project scope and parameters.

3. Provide a preliminary review of the project within the context of existing infrastructure.

4. Discuss potential candidacy for recycled water service.

5. Identify project submittal requirements to start the Design Conditions review.

Following the Due Diligence meeting, and to proceed with a project, the Design Conditions will need to be developed by the developer’s engineer and reviewed/approved by EMWD prior to submitting improvement plans for Plan Check. The DC process and approval will provide the following:

1. Technical evaluation of the project’s demands and existing system capacities.

2. Identification of impacts to existing facilities.

3. Identification of additional on-site and off-site facilities, necessary to serve the project.

4. Identification of easement requirements, if necessary.

5. Identification of potential EMWD’s cost participation in facility oversizing, if applicable.

If you have questions or concerns, please do not hesitate to contact Maroun El-Hage at (951) 928-3777, extension 4468 or by e-mail at [email protected].

Sincerely,
Alfred Javier
Director of Environmental and Regulatory Compliance
ARJ: hs
Attachments: Copy of Public Notice
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Packet Pg. 2490 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) From: Mauricio Alvarez <[email protected]>
Sent: Tuesday, March 21, 2023 3:03 PM
To: Luis Lopez <[email protected]>
Subject: PEN20-0095, PEN20-0096, TTM 38459
Warning: External Email – Watch for Email Red Flags!
Hello Luis,
Thank you for including Riverside Transit Agency in the development review of the proposed 108 unit residential project on Morton Rd & Jennings Ct. After reviewing the plans, there are no comments to submit for this particular project at this time.

Thank you,
Mauricio Alvarez, MBA
Planning Analyst
Riverside Transit Agency
p: 951.565.5260 | e: [email protected]
Website | Facebook | Twitter | Instagram
1825 Third Street, Riverside, CA 92507
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Packet Pg. 2491 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) Dear Mr. Jason Ackerman, attorney/representative for Gateway Heights Moreno Valley 92557, [email protected]
Cc: Mr. Ulises Cabrera Mayor pro temp, [email protected], Mr. Luis Lopez, Contract Planner City of Moreno Valley, [email protected] Mr. Sean P. Kelleher, Planning Division Manager 95 [email protected] Mr. Edward A Delgado, District # representative, [email protected] RE: Project Development- Morton Road- Moreno Valley, California

I would like to request a copy of your traffic analysis report(s) regarding Gateway Heights, Moreno Valley, California. In addition, any other pertinent information related to the Gateway Heights project in Moreno Valley.

Furthermore, to be transparent I would like a detailed project announcement to be mailed out to all the residents affected by your proposed development. Our neighbors were taken by surprise. Your informational meeting announcement for the Zoom meeting was not publicly broadcast in our area. The timeframe was such short notice.

There were many neighbors who never received this informational presentation meeting announcement nor received any notices from the city of Moreno Valley. Moreover, not everyone has the knowledge to use Zoom media for online meetings.

We already have a bottleneck of congested traffic problems on Box Springs Road at the entrance to the 60 freeway. The City of Moreno Valley has not addressed these issues as well as the narrow lanes going up north or down south on Morton Road.

There are already safety hazards due to illegally parked cars on Morton Road & Box Springs Road. This is because the parking space inside the Tuscany Apartment is limited. How will this affect Seneca Elementary school? Especially in full peak sessions during pick up and dropping off their kids. Was this factor taken into consideration in your traffic report analysis?
At the meeting, you mentioned the zoning change from (R2, R5) to R10. I believe this will dramatically have a negative economic impact on our property value. How was the rezoning determined? Was that a unilateral decision without the resident’s knowledge or objection? We were not notified in a timely manner. In fact, I just barely knew about this zoom meeting from a neighbor. Our neighbors are concerned regarding this high density 108 townhouses development. Furthermore, it is NOT congruent to our custom, semi-custom homes in our area ½ acres+. We already have enough problems with homelessness and thefts in our area.

What about the overflow of cars who are unable to park at this new proposed 108 Townhouse units? How will that be addressed? Are they going to park on our streets and move it out on street sweep days?

I mentioned in our Zoom discussion, I have lived here more than 27 plus years. I have not seen any metering devices for traffic activities at Box Springs Road and Morton Road nor at the traffic entrance leading to the entrance of the 60 Freeway. Furthermore, no metering devices at the other 60 freeway entrance/exit on Day Street. All of these are very important concerns. We mentioned, if there was a fire evacuation or emergencies to those of us that live here. Are there contingency plans in place? Was this taken into consideration in your report analysis?
Please provide us with this information that will be helpful and beneficial to all of us who live here in District # 2. I want everyone to know who will be affected by your Rezoning proposal and the traffic congestions that it will cause. I am hoping we can find a happy solution so that everyone will agree.

I am copying the Moreno Valley City Planner and the mayor’s office on this email hoping for fair and balanced data that can address our concerns.

I am attaching our public objection to all that will be affected by this General Plan Amendment- Change of Zoning and the Morton Project Development. Signature is to follow. I look forward to hearing from every one of you and from the city planner very soon.

Sincerely, Andy Gildore, US Marine, Veteran, Business Owner F.1.o
Packet Pg. 2492 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) F.1.o
Packet Pg. 2493 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) F.1.o
Packet Pg. 2494 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) F.1.o
Packet Pg. 2495 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) From: Steve Anderson
Sent: Tuesday, March 28, 2023 5:20 PM
To: Luis Lopez
Subject: General Plan Amendment (PEN20-0095)
Warning: External Email – Watch for Email Red Flags!
Hello –
In response to the City of Moreno Valley’s request for public comments regarding the proposed development at the top of Morton Road… While I am not outright opposed to this development, I do have SEVERAL concerns.
• From the side of Penunuri Place on which we reside, up into the foothills, and around Morton Road into unincorporated Riverside – all homes are detached single family, custom built, on 1/2 acre or larger lots. So, the development of high density multi-family housing on MUCH smaller individual parcels seems a bit out of place. • The neighborhood is also considered a “brush zone” by insurance companies, and homeowners insurance carriers are few and far between. Potential buyers of any such home should be made aware of such limitations. I don’t want to THINK how expensive homeowners insurance will be for residents of this proposed multi-family housing development – what with it being RIGHT at the bottom of a mountain that has not burned in more than forty years. That alone could be cost prohibitive for many.
• I do not see anywhere in the vast volume of public documents plans to make any improvements to Morton Road. Sadly, the City of Moreno Valley largely ignores those living in the FAR corner of the city, often treating us as an “ugly redheaded stepchild” worthy of very little service or support. As a result, Morton Road is in VERY poor condition.

Adding 1,000 vehicle trips per day, a near FIVE FOLD INCREASE over current traffic volume, is only going to worsen its condition. The City might just as well remove the asphalt and make Morton Road a dirt road. It surely couldn’t be much worse.
• A large percentage of residents living farther down Morton Road, off of Wordsworth and Pala Foxia, appear to have NO IDEA our neighborhood exists. This is evidenced by the number of vehicles which FLY right off of these feeder streets onto Morton Road without so much as slowing down – let alone stopping. In the nine years we have called Penunuri Place our home – just my family alone has had HUNDREDS of near misses with vehicles FLYING off of said feeder roads. Approval of this project with no additional traffic controls, such as a stop sign at the F.1.o
Packet Pg. 2496 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) lower outlet of Wordsworth, is a recipe for disaster – and WILL eventually lead to somebody being killed.
• Closely aligned to the previous concern, in the event of a mandatory mass evacuation due to fire or other disaster, I am GRAVELY concerned about the capacity of Morton Road and those to which it connects. Weekday morning traffic on Box Springs Road ROUTINELY backs up to very near Clark Street due to inadequate traffic planning by the City of Moreno Valley, the County of Riverside, and the State of California. It routinely takes me EIGHTEEN MINUTES just to reach the freeway from my home. So, I am ALREADY concerned about road capacity – and now the City is proposing to add EVEN MORE vehicle traffic. In the event of said mass evacuation – people will almost certainly die as a result.
• Some of the above concern is, of course, due to the VERY unwise decision several years ago by the County of Riverside, State of California, and whichever railroad owns the nearby tracks to close the Gernert / Poarch crossing in unincorporated Riverside we residents USED to use regularly by continuing on Morton Road up into the foothills. That cut off a MAJOR point of evacuation. I know this decision had little/nothing to do with the City of Moreno Valley – but NOW it’s beginning to come back and bite those who were responsible as the City and County both explore developments in this general vicinity. • Closely aligned to the three previous bullet points is the City of Moreno Valley’s shortsighted, punt heavy decision several years ago to make its side of Morton Road alongside the Tuscany Hills Apartments a No Parking Zone. This pushed the dozens of vehicles which daily parked on the City’s side of Morton Road onto the unincorporated side of Morton Road. This, of course, eliminated the City’s responsibility for traffic and/or crime enforcement related to the presence of said vehicles parked on ITS side of the road. An unfortunate byproduct of this, though, is that residents of said apartments ROUTINELY park WAY up Morton Road, beyond where it reduces to a single lane in each direction – utterly obstructing/blocking the flow of traffic in the process. Now the City wants to add EVEN MORE vehicles having to navigate a daily obstacle course – all because it was too lazy to deal with the parking related issues on its side of Morton Road? As you might have guessed, the City’s decision on this matter is a VERY sore spot for me.
• I am also VERY concerned about what is already the utter lack of law enforcement in our neighborhood. Filed under the same “ugly redheaded stepchild” category – there is open drug dealing and prostitution currently taking place nightly at the cul-de-sac end of Jennings Court. Despite sharing my concerns with Moreno Valley Police multiple times – they wholesale refuse to acknowledge its existence, F.1.o
Packet Pg. 2497 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) let alone investigate or do something to make it stop. We’re already on “ignore” up here, and adding 108 multi-family housing units nearby would appear only to further exasperate such problems – although it DOES give even more residents for the City to wholesale ignore, while happily collecting their taxpayer dollars.

This is at least a start to my concerns. I may have a few more to share prior to the deadline now that I’ve cleared the above from my mind. iGg,
Steve Anderson
21150 Penunuri Place
Moreno Valley, CA 92557
951.217.1885
[email protected]
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Packet Pg. 2498 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) From: Sandra Walsh <[email protected]>
Sent: Friday, March 31, 2023 10:36 PM
To: Planning Email_DG <[email protected]>
Cc: [email protected]
Subject: Public Objection
Warning: External Email – Watch for Email Red Flags!

THIS WILL SERVE AS NOTICE IN SUPPORT OF PUBLIC OBJECTION TO GENERAL PLAN AMENDMENT (PEN20-0095), CHANGE OF ZONE (PEN20-0096), CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT (PEN21-00660, AND TENTATIVE TRACT MAP NO. 38459 (PEN22-0127). COPY OF PUBLIC OBJECTION ATTACHED.

FIRST AND FOREMOST, neither the Henghou Group nor Shizao Zheng has served proper notice as required of the application or their intent. The application should be denied on the basis alone -- that notice was not formally given to all residents and property owners within the required notification radius.

SECOND, the Box Springs/Ironwood road infrastructure is not designed for the traffic that already impedes our community from freely coming and going from our neighborhood. Moreover, our neighborhood is not regularly policed. Motorhomes, trailers and vehicles are illegally parked on Morton; drivers race down the streets with no regard for the posted speed limit or the pedestrians, children or adults, let alone stop at the posted Stop signs.

THIRD, where will the additional children attend school? Not at our neighborhood elementary school which is already overcrowded Not at our local school because already there is not enough parking for the employees that work at that school and as such, we have illegally parked educators and guardians throughout the school day and during every school event.

Our community would be better served turning the mountainous area into a nature park that supports the wildlife that currently inhabits the area and that includes, but is not limited to donkeys, bobcats, coyotes, racoons, hawks, owls, bats, etc. Improvements such as walking, biking and horse trails would discourage vagrant and "homeless" migration, while increasing the value of our neighborhood.

This community has a voice and we do not want more rentals, more crime, more congestion!
Sandra Walsh
Larry Walsh
21121 Tennyson Road
Moreno Valley, CA 92557
(951) 683-4060
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Packet Pg. 2499 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) Tel: 805-641-1000 ▪ Fax: 805-258-7272 ▪ Cell: 805-643-9300 Dr. Doug Michie
1056 E Meta St Ste 103 from email: [email protected] Ventura, CA 93001-0001
4/23/2023
Chairman DeJohnette via email to: [email protected]
And Planning Commissioners [email protected].

Planning Commission
City of Moreno Valley
14177 Fredrick Street
Moreno Valley, CA 92553
Re: Project: Gateway Heights
Hearing Date: 5/11/2023
Dear Planning Commissioners,
This letter follows a recent community outreach presentation by the developer of the Gateway Heights project. I own a lot on Penunuri Avenue neighboring this proposed project. I am writing to voice my support for the project as it will be a good addition to the neighborhood.

This area of Moreno Valley needs more multi-family housing. The cost to maintain infrastructure for traditional large lot single family homes is unsustainable, and it is to the City’s interest to provide more density, so costs can be spread over a larger tax base in a more limited geographical area.

More importantly, the need for housing in California is so great that multi-family projects such as this one are needed to fulfill that unmet housing demand. Additionally, it is a good fit for the adjoining Gateway Specific Plan area. And finally, the dedication of 17 acres of open space will be a real asset to the open space and recreational needs of the city.

Again, I support this project and I hope that it can be approved with conditions that are financially reachable for the applicant.

Sincerely,
Doug Michie
PhD Urban Planning
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Packet Pg. 2500 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) June 1, 2023
City of Moreno Valley Community Development
14177 Frederick Street Moreno Valley, California 92553
Attn: Catherine Lin , Principal Planner (951) 413-3229
email : [email protected]
Project Title: Gateway Heights Project
Project Case Number(s): PEN 21-0066
To: Catherine Lin
We never received any notification from the City of Moreno Valley Community Development Department in the mail regarding the proposed Gateway Heights Project and have been unaware of the project until the placement of a sign on the property last Friday May 25, 2023. This project has a direct impact on the existing residents and we were unaware of the recent public comment period and where denied the opportunity to hear, and or provide comments relating to the proposed project. We have lived here for 40 years and are directly impacted from the project and needed to be included in the process.

After reviewing the proposed Gateway Heights Project, Project Case No.PEN 21-0066 and Change of Zoning we would like to state that we are in strong opposition to these changes given the potential aesthetic, visual, air quality, wildlife, and land use compatibility impacts on the existing residents and the West Box Springs Homeowners Association which was part of the planning process with The County of Riverside and the Gateway Center Project approved by the County of Riverside.

The introduction of a multifamily residential housing product type at the urbanized edge of the City’s residential neighborhoods that currently abuts a hillside / open space area, represents an incompatibility issue. This project proposes a multifamily residential project adjacent to the rural / open space edge and away from the city core or area of intensity does not provide an appropriate transition to the area.

As stated the entire project as presented is not a comprehensive land use compatible to the area and is in conflict with the low densities reflected by the University Community Plan and the existing sparse rural residents and because it lies within the City of Riverside’s sphere of influence, it should also conform to Riverside’s Proposition R and Measure C land use ordinances.

Additionally by changing the land use zoning from Residential 2 (R2) and Hillside Residential (HR) 10. and significantly increasing the residential densities it will diminish the home values of the existing residents on the adjacent parcels within the original Gateway Center Specific Plan located in the County of Riverside on the west side of Morton and to the north. The Gateway Center Specific Plan (GCSP) which has only 2 high density areas located directly near the far outer edges closer to the SR-60 Freeway/ Railroad rights-of-way of the 317 acre development close to the freeway which was to F.1.o
Packet Pg. 2501 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) reduce the traffic through the rural/open areas to help preserve the aesthetic, visual, air quality, wildlife and rural area.
“All residential lots along the northerly and easterly perimeters of Planning Area Nos. 16 and 17 shall contain a minimum of 8,000 square feet not including land beyond the limits of grading area. Any residence constructed on these lots shall contain a minimum of 2,600 square feet of living area.” (Amended by Staff at P.C. on 10/23/91) GCSP Traffic congestion and contaminant air pollution will be dramatically impacted by the increase of dwelling units from the current single unit home zoning at 5 per acre to multi unit apartment/condominium of 108 units. New commuter traffic will add over a thousand daily vehicle trips to an already overburdened surface street and freeway transportation system. Increase traffic adjacent to Seneca Elementary School and generating more population and noise. There is only one road Morton for access to our properties due to the closure at Gernert and Watkins for the Metro Line and increased traffic would present a safety issue during any emergency.

The entire Project site is identified as occurring in a hazardous fire area which should require further enhancement of fire hydrants located on Morton Road and at the entrance to aid the Riverside County Fire Protection Master Plan in order to achieve an a better urban level of service. Mitigation measures need to be implemented to provide for better public safety.

The proposed Gateway Center Project has the potential to deplete groundwater supplies by interfering substantially with groundwater recharge by “the change in pervious surfaces to impervious surfaces that would occur with development of the site will reduce the amount of water reaching underground aquifers.” Thus lowering the local groundwater table level and affecting the existing residents and the production rate of their pre-existing nearby wells.

Gateway Center Specific Plan No. 250 approved and adopted July 14, 1992 contained conditions of approval to help mitigate some of these impacts and other concerns of the residents directly impacted by development.

We are in strong opposition to the proposed changes for the Gateway Heights Project, Project Case No.PEN 21-0066 and any change of zoning. The project should have single family housing to alien with the planning area 16 and 17 on the Gateway Center Plan.

Thank you for the opportunity to comment on this matter. If you have any questions please contact me.

Sincerely,
Robin and Alan Ablott
10870 Pettegrew Road
Riverside, CA 92507
(951) 788-6764
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Packet Pg. 2502 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) The areas in dark orange/red are The Gateway Center higher density housing and the Gateway Heights project of a proposed townhouse condominium development is inconsistent with the planning areas 16 & 17 of the Gateway Center plans and the rural area.

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Packet Pg. 2503 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) 1 Sean P. Kelleher
From: [email protected] <[email protected]> Sent: Saturday, July 29, 2023 9:37 AM
To: Sandra Walsh; Andy Gildore
Cc: Sean P. Kelleher; [email protected]; [email protected]; Moreno Valley Mayor; [email protected]; Planning Email_DG; Edward A. Delgado; Mike Lee; Michael Lloyd, P.E.; Brian Mohan; Melissa Walker, P.E.; Sean P. Kelleher; Jane Halstead; [email protected]; Don Avery; Planning Notices_DG; Roberta Hawkins; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Elena Baca-Santa Cruz; David Martinez; Cheylynda Barnard
Subject: RE: Moreno Valley Morton Road repavement & communication failure Warning: External Email – Watch for Email Red Flags!
Good Morning all,
I’m very involved with the city of Fontana where my business is located. I recently attended a city meeting where a similar situation was taking place here. The project did NOT pass because of all the backlash from the community. Over 200 hundred signatures and roughly 20‐25 community members spoke against the project every time it was up for conversation. I share this with you so that maybe it can re‐spark some interest with this matter. I plan to attend the meeting to share my thoughts regarding this project and speak against it.

Sent from Mail for Windows
From: Sandra Walsh
Sent: Sunday, June 11, 2023 1:00 PM
To: Andy Gildore
Cc: Sean P. Kelleher; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Mike Lee; P.E.; Brian Mohan; P.E.; Manuel A. Mancha; Jane Halstead; [email protected]; luis echeverria; Don Avery; [email protected]; Roberta Hawkins; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: Re: Moreno Valley Morton Road repavement & communication failure Afternoon,
My husband and I live within the required written notice radius and never received anything by mail.

In addition to Andy Gildore’s seven (7) issues outlined below and which we still are awaiting answers, we add an eighth (8):

8. There is a significant environmental impact to also be considered before approving this project: What is planned for re‐homing the burros, bobcats, rabbits, owls, etc.?
My husband is from rural Montana and the nature that surrounds us was a huge draw when we decided to purchase our home in this neighborhood. We do not want more concrete and congestion.

Sincerely,
Sandra and Larry Walsh
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Packet Pg. 2504 Attachment: Public Comment for City Council September 5, 2023 Hearing (6434 : Gateway Heights Tract 38459) 2 On Jun 8, 2023, at 4:56 AM, Andy Gildore <[email protected]> wrote:

Subject: Urgent Concerns Regarding the Gateway Heights Rezoning Proposal Dear Mr. Sean Kelleher, Protemp/Mayor, District#2 Rep Mr Delgado and Concerned Neighbors, I hope this email finds you well. I am writing to bring some urgent concerns to your attention regarding the Gateway Heights proposal for rezoning from R2 Residential to R10 Residential.

Unfortunately, despite my previous attempts, I have not received a confirmation for inclusion on the Moreno Valley City email listserv for events related to this proposal. This is my third request, and I would appreciate your assistance in rectifying this issue.

Furthermore, I have discovered that only two streets in the vicinity of the proposed site received a Public Hearing Notice for June 8, 2023, 6 p.m. by U.S. mail, while the remaining residents were solely informed through a posted sign at the property. This lack of consistent notification has left many of us feeling taken aback and excluded from the decision‐making process.

Regrettably, I must express my disappointment with the City of Moreno Valley's communication practices, not only towards its citizens but also in regard to responsiveness. Myself and other concerned neighbors have reached out to the contract planner and Moreno Valley City Officials via email, but we have yet to receive any form of acknowledgment or response. This absence of transparency, trust, and integrity in ensuring equal access and open communication is disheartening.

To provide clarity, let me outline the concerns of our community regarding the proposed rezoning:

1. Preservation of the R2 zoning: We strongly believe that maintaining the R2 zoning is essential to preserving the character of our neighborhood. The proposed R10 rezoning would introduce high‐density townhome units that are not in harmony with our existing semi‐custom to custom homes.

2. Parking concerns: We seek clarification on how the overflow of cars from the proposed townhomes will be accommodated. If a family has more than two cars, where will the additional vehicles be parked? We also question the monitoring and enforcement of any regulations in place and the potential consequences for non‐compliance.

3. Community Park management: It is imperative to address the concerns surrounding the proposed Community Park. Specifically, we need reassurance that measures will be in place to prevent issues such as homelessness, loitering, encampments, and the accumulation of trash within the park area.

4. Emergency preparedness: Given the potential risks to our health and safety, we need to understand the evacuation plans in case of emergencies such as road closures or fires. It is crucial that adequate measures are in place to protect lives and properties in the event of an unfortunate incident.

5. Traffic impact mitigation: The absence of an unbiased traffic study report raises concerns regarding the proposed development's impact on our already congested Morton Road.

Considering the 108 units, each with a 2‐car garage, we estimate a significant increase of 216 to 324 cars on Morton Road alone. We urge the City of Moreno Valley to address this issue and provide a comprehensive plan to alleviate the potential traffic problems.

6. Property value compensation: We kindly request clarification on whether the City of Moreno Valley will provide compensation for any potential depreciation in property values resulting from the rezoning and the construction of the proposed townhomes.

We believe that the proposed rezoning from R2 to R10 will exacerbate the aforementioned concerns and negatively impact our community. Therefore, we urgently request your attention to these matters and seek your support in addressing and rectifying these issues.

Thank you for your time and consideration. We look forward to your prompt response, as our community's well‐being and quality of life are at stake.

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Packet Pg. 2505 Attachment: Public Comment for City Council September 5, 2023 Hearing (6434 : Gateway Heights Tract 38459) 3 Sincerely,
Andy Gildore
Business Owner
U.S. Marine Corps Veteran
On Mon, May 1, 2023 at 7:27 AM Andy Gildore <[email protected]> wrote:

Dear Mr. Sean Kellher,
How are you doing? I hope all is well with you. On the early morning of Thursday, April 27th, 2023. All of our neighbors were taken by surprise because the entire Morton Road was closed. The entire Morton Road was being repaved from Box Springs Road to Jennings Court. Thank you very much, it was long overdue.

However, this is a formal complaint I want registered to the City of Moreno Valley and to the person in‐charge of this project. We were not only late for work and important appointments. Our time/fuel wasted driving around without any detour signs posted in advance especially to all of us who live and use this road.

I believe the City of Moreno Valley has the obligation and responsibility to notify residents in writing prior to starting this project. In addition, we kept driving from one closed street to another without any directional signs.

We were trapped in heavy traffic. I did talk to one of the street workers who mentioned‐ “All American Asphalt and Western Asphalt” were hired by the City of Moreno Valley. I made a remark to the worker that there were no detour signs nor advance notification posted. There should have been signs all around. The closure start/stop dates and alternate routes. So that we are aware of the appropriate day or two before this repaving project starts. Our only exit out of the area was Clark Street to Box Springs Road/Ironwood Ave. Later that morning the signs and safety cones were placed with detours posted with arrows. Too little too late.

Mr. Kellher, this is unacceptable a total communication breakdown under the watch of Moreno Valley City. There is a serious communication failure. We are taxpayers that fund the city personnel (their salary) who are public servants. This is a total disregard of our health, safety and well‐being. Is it because they don’t live here because of lack of care or it’s a disorganized system? Do you think if dignitaries live here ‐‐‐ yourself or colleagues, would this happen here? It is so upsetting for this to have happened. Please forward this email to the officer in‐charge of this project.

By the way, in my previous email you mentioned that my email will be registered on alert notification regarding Gateway Heights projects or any projects related to Morton Road or activity development alerts. I never received any city confirmation email of such listserv or bulletins. Please subscribe to me on this mailing list. In today’s communication technology, there are vast ways of Media resources to broadcast information. We should have been notified. I have served my military time honorably for our country. “First to go, last to know” I expect some common‐sense open transparent communication by those individuals in charge in the chain of command. Thank you !
Furthermore, by this event it is a perfect example NOT to rezone (R2‐R5 to R10) or building the Gateway Heights project of 108 Townhouses. The traffic congestion is not conducive to our environment, quality of life and above all our property value.

If there was a fire or any evacuation emergencies we will be trapped because this is the only main road to get out because the dirt road is also closed off. Clark Street is our only other way out. Morton Road is a single lane going up and one lane going down by Seneca Elementary School. There will also have a negative impact on the elementary school to their kid’s learning environment.

This is a formal notice I want registered that we will hold the City of Moreno Valley liable and responsible. In the future development of this area, it is unconscionable to build high density homes without ingress/egress accessibility, safety, and proper traffic flow. We already have traffic congestion. Thank you for your kind understanding and appreciate your cooperation.

Sincerely,
Andy Gildore
U.S. Marine Veteran & Business Owner
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Packet Pg. 2506 Attachment: Public Comment for City Council September 5, 2023 Hearing (6434 : Gateway Heights Tract 38459) 1 Sean P. Kelleher
From: Frank Almeida <[email protected]>
Sent: Tuesday, August 29, 2023 6:41 PM
To: Moreno Valley Mayor; Edward A. Delgado; Elena Baca-Santa Cruz; David Martinez; Cheylynda Barnard
Cc: Sean P. Kelleher; Catherine Lin; [email protected] Subject: Gateway Heights Project - Letter of Support - Sept. 5, 2023 City Council Meeting Warning: External Email – Watch for Email Red Flags!
Preview attachment FW: Thank you for your time today.eml FW: Thank you for your time today.eml
172 KB
Dear Mayor Cabrera and City Councilmembers:

My name is Frank Almeida and I live at 21012 Pala Foxia Place in Moreno Valley. On June 8, 2023, I attended the Moreno Valley Planning Commission meeting and expressed my opposition to the Gateway Heights project. Based on my conversations with the Gateway Heights project representative, Jason Ackerman, and City Staff, I am sending you this email in support of the project.

Jason gave me his contact information at the Planning Commission meeting and we connected a couple of days later. We talked about the project’s traffic impact analysis, the existing roadway conditions and illegal parking on Morton Road, and issues related to homelessness and illegal dumping. Jason introduced me to Sean Kelleher and Catherine Lin via email and I shared additional concerns about illegal off‐roading and illegal parking in our residential tract. (See attached email). Sean forwarded my concerns to various departments within the City and we are continuing to work together on these issues.

Based on my conversations with Jason and the City Staff, my opinion about the Gateway Heights project has changed. I believe the Gateway Heights project is a well‐planned project that will not make any of the existing traffic problems worse. Also, the project will improve the area by offering new homes, completing flood control improvements, and contributing land to the Box Springs Canyon Preserve. Therefore, I am sending you this email in support of the Gateway Height project.

Sincerely,
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Packet Pg. 2507 Attachment: Public Comment for City Council September 5, 2023 Hearing (6434 : Gateway Heights Tract 38459) 2 Frank Almeida
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Packet Pg. 2508 Attachment: Public Comment for City Council September 5, 2023 Hearing (6434 : Gateway Heights Tract 38459) F.1.q
Packet Pg. 2509 Attachment: Parking Study_November 13 2023 (6434 : Gateway Heights Tract 38459) F.1.q
Packet Pg. 2510 Attachment: Parking Study_November 13 2023 (6434 : Gateway Heights Tract 38459) F.1.q
Packet Pg. 2511 Attachment: Parking Study_November 13 2023 (6434 : Gateway Heights Tract 38459) Applicant Volunteered Condi�ons of Approval
1: The projects Covenants, Codes and Restric�ons (CC&R’s) shall include a restric�on that prohibits residents from using atached garages for storage and requires residents to use their garages for offstreet parking. Said statement shall be consistent with the following language: “No resident may convert or use any garage for purposes other than parking of the number of vehicles such garage was designed to contain and storage of reasonable amounts of household goods that do not interfere with the ability to park the number of vehicles such garage was designed to accommodate or create a fire or safety hazard.”
2: The projects Covenants, Codes and Restric�ons (CC&R’s) shall include a parking permit policy, requiring all residents to register their vehicles with the HOA in order to prohibit residents from u�lizing designated guest parking spaces.
3: The Applicant shall provide a minimum of twenty-seven (27) guest parking spaces, clearly iden�fied with signage. The final loca�on of said spaces shall be reviewed and approved by the Planning Official.

F.1.r
Packet Pg. 2512 Attachment: Applicant Volunteered Conditions of Approval [Revision 1] (6434 : Gateway Heights Tract 38459) 1 After the publication of the agenda, City staff received the attached Public Comment.

M E M O R A N D U M
To: Honorable Mayor Cabrera and Members of the City Council From: Sean Kelleher, Community Development Director
Date: December 05, 2023
Subject: Public Hearing Item # F.1 (General Plan Amendment (PEN20-0095) Change of Zone (PEN20-0096) CUP (PEN21-0066) Tentative Tract Map (PEN22-0127)
Community Development Department
Planning Division
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Packet Pg. 2513 Attachment: Memo to CC 12.05.23 (6434 : Gateway Heights Tract 38459) JASON E. UHLEY 1995 MARKET STREET
General Manager-Chief Engineer RIVERSIDE, CA 92501
951.955.1200
951.788.9965 FAX
www.rcflood.org
253974

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
December 5, 2023
City of Moreno Valley
Community Development Department Planning Division
Post Office Box 88005
Moreno Valley, CA 92552-0805
Attention: Kirt Coury Re: PEN 20-0095, PEN 20-0096, PEN 21-0066, PEN 22-0127, APN 256-150-001
The Riverside County Flood Control and Water Conservation District (District) does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check City land use cases or provide State Division of Real Estate letters or other flood hazard reports for such cases.

District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided.

The District's review is based on the above-referenced project transmittal, received November 27, 2023. The District has not reviewed the proposed project in detail, and the following comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety, or any other such issue:
☐ This project would not be impacted by District Master Drainage Plan facilities, nor are other facilities of regional interest proposed.
☐ This project involves District proposed Master Drainage Plan facilities, namely, . The District will accept ownership of such facilities on written request by the City. The Project Applicant shall enter into a cooperative agreement establishing the terms and conditions of inspection, operation, and maintenance with the District and any other maintenance partners. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection, and administrative fees will be required. All regulatory permits (and all documents pertaining thereto, e.g., Habitat Mitigation and Monitoring Plans, Conservation Plans/Easements) that are to be secured by the Applicant for both facility construction and maintenance shall be submitted to the District for review. The regulatory permits' terms and conditions shall be approved by the District prior to improvement plan approval, map recordation, or finalization of the regulatory permits. There shall be no unreasonable constraint upon the District's ability to operate and maintain the flood control facility(ies) to protect public health and safety.
☒ If this project proposes channels, storm drains larger than 36 inches in diameter, or other facilities that could be considered regional in nature and/or a logical extension a District's facility, the District would consider accepting ownership of such facilities on written request by the City. The Project Applicant shall enter into a cooperative agreement establishing the terms and conditions of inspection, operation, and maintenance with the District and any other maintenance partners. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection, and administrative fees will be required. The regulatory permits' terms and conditions shall be approved by the District prior to improvement plan approval, map recordation, or finalization of the regulatory permits. There shall be no unreasonable constraint upon the District's ability to operate and maintain the flood control facility(ies) to protect public health and safety.

F.1.s
Packet Pg. 2514 Attachment: Memo to CC 12.05.23 (6434 : Gateway Heights Tract 38459) City of Moreno Valley - 2 - December 5, 2023
Re: PEN 20-0095, PEN 20-0096, 253974
PEN 21-0066, PEN 22-0127, APN 256-150-001
☒ This project is located within the limits of the District's Moreno Valley West End Area Drainage Plan Area Drainage Plan for which drainage fees have been adopted; applicable fees should be paid by cashier's check or money order only to the Flood Control District or City prior to issuance of grading permits. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. ☐ An encroachment permit shall be obtained for any construction related activities occurring within District right of way or facilities, namely, ____________________. If a proposed storm drain connection exceeds the hydraulic performance of the existing drainage facilities, mitigation will be required. For further information, contact the District's Encroachment Permit Section at 951.955.1266. ☒ The District's previous comments dated September 5, 2023 are still valid.

GENERAL INFORMATION
This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt.

If this project involves a Federal Emergency Management Agency (FEMA) mapped floodplain, then the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy.

The project proponent shall bear the responsibility for complying with all applicable mitigation measures defined in the California Environmental Quality Act (CEQA) document (i.e., Negative Declaration, Mitigated Negative Declaration, Environmental Impact Report) and/or Mitigation Monitoring and Reporting Program, if a CEQA document was prepared for the project. The project proponent shall also bear the responsibility for complying with all other federal, state, and local environmental rules and regulations that may apply.

If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain a Section 1602 Agreement from the California Department of Fish and Wildlife and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit.

Very truly yours,

AMY MCNEILL
Engineering Project Manager
Attachment
EM:blm
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Packet Pg. 2515 Attachment: Memo to CC 12.05.23 (6434 : Gateway Heights Tract 38459) JASON E. UHLEY 1995 MARKET STREET
General Manager-Chief Engineer RIVERSIDE, CA 92501
951.955.1200
951.788.9965 FAX
www.rcflood.org

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
252647
September 5, 2023
City of Moreno Valley
Community Development Department Planning Division
Post Office Box 88005
Moreno Valley, CA 92552-0805
Attention: Kirt Coury Re: PEN 20-0095, PEN 20-0096, PEN 21-0066, TTM 38459, PEN 22-0127 and
APN 256-150-001
The Riverside County Flood Control and Water Conservation District (District) does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check City land use cases or provide State Division of Real Estate letters or other flood hazard reports for such cases.

The District's review is based on the above-referenced project transmittal, received August 28, 2023. The District has not reviewed the proposed project in detail, and the following comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety, or any other such issue:
☐ This project would not be impacted by District Master Drainage Plan facilities, nor are other facilities of regional interest proposed.
☐ This project involves District proposed Master Drainage Plan facilities, namely, . The District will accept ownership of such facilities on written request by the City. The Project Applicant shall enter into a cooperative agreement establishing the terms and conditions of inspection, operation, and maintenance with the District and any other maintenance partners. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance.

Plan check, inspection, and administrative fees will be required. All regulatory permits (and all documents pertaining thereto, e.g., Habitat Mitigation and Monitoring Plans, Conservation Plans/Easements) that are to be secured by the Applicant for both facility construction and maintenance shall be submitted to the District for review. The regulatory permits' terms and conditions shall be approved by the District prior to improvement plan approval, map recordation, or finalization of the regulatory permits. There shall be no unreasonable constraint upon the District's ability to operate and maintain the flood control facility(ies) to protect public health and safety. ☒ If this project proposes channels, storm drains larger than 36 inches in diameter, or other facilities that could be considered regional in nature and/or a logical extension a District's facility, the District would consider accepting ownership of such facilities on written request by the City. The Project Applicant shall enter into a cooperative agreement establishing the terms and conditions of inspection, operation, and maintenance with the District and any other maintenance partners. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance.

Plan check, inspection, and administrative fees will be required. The regulatory permits' terms and conditions shall be approved by the District prior to improvement plan approval, map recordation, or F.1.s
Packet Pg. 2516 Attachment: Memo to CC 12.05.23 (6434 : Gateway Heights Tract 38459) City of Moreno Valley - 2 - September 5, 2023
Re: PEN 20-0095, PEN 20-0096, PEN 21-0066,
TTM 38459, PEN 22-0127 and 252647
APN 256-150-001
finalization of the regulatory permits. There shall be no unreasonable constraint upon the District's ability to operate and maintain the flood control facility(ies) to protect public health and safety. ☒ This project is located within the limits of the District's Moreno Valley West End Area Drainage Plan for which drainage fees have been adopted; applicable fees should be paid by cashier's check or money order only to the Flood Control District or City prior to issuance of grading permits. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. ☐ An encroachment permit shall be obtained for any construction related activities occurring within District right of way or facilities, namely, ____________________. If a proposed storm drain connection exceeds the hydraulic performance of the existing drainage facilities, mitigation will be required. For further information, contact the District's Encroachment Permit Section at 951.955.1266. ☐ The District's previous comments are still valid.

Very truly yours,

AMY MCNEILL
Engineering Project Manager
c: Riverside County Planning Department
Attn: Timothy Wheeler
EM:mm
F.1.s
Packet Pg. 2517 Attachment: Memo to CC 12.05.23 (6434 : Gateway Heights Tract 38459) Report to City Council
ID#6478 Page 1
TO: Mayor and City Council
FROM: Sean P. Kelleher, Community Development Director
AGENDA DATE: December 19, 2023
TITLE: BEYOND FOOD MART

RECOMMENDED ACTION

RECOMMENDED ACTION
Recommendations: That the City Council:

1. ADOPT Resolution 2023-XX:

1. CERTIFYING the Initial Study/Mitigated Negative Declaration prepared for the Proposed Project consisting of Master Plot Plan (PEN22-0238) and Conditional Use Permit (PEN22-0176); and

2. ADOPTING the Mitigation Monitoring and Reporting Program prepared for the Mitigated Negative Declaration; and

2. ADOPT Resolution 2023-XX:

1. APPROVING Master Plot Plan (PEN22-0238) and Conditional Use Permit (PEN22-0176);

SUMMARY
Beyond Food Mart, Inc. (“Applicant”) submitted applications for a Master Plot Plan (PEN22-0238) for a 1.31-acre commercial development and a Conditional Use Permit (PEN22-0176) for the operation of an eight (8) island fueling station, six (6) vehicle charging stations, 7,400 square foot convenience store, and drive-thru carwash, along with the associated landscaping, and on-site and off-site improvements (“Proposed Project”). The Proposed Project is located on the northwest corner of the intersection of Iris Avenue and Oliver Street (APN: 486-310-038) within the Downtown Center (DC) District. The Proposed Project, as designed and conditioned, is consistent with the F.2
Packet Pg. 2518

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goals, policies, and objectives of the City’s General Plan and the requirements of the Downtown Center (DC) District and the City’s Municipal Code.

BACKGROUND
The Proposed Project was considered by the Planning Commission at a duly noticed public hearing conducted on November 9, 2023, and the Planning Commission voted unanimously (7-0) to certify and approve the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approve the Master Plot Plan (PEN22-0238) and the Conditional Use Permit (PEN22-0176) for the Proposed Project.

DISCUSSION
Proposed Project
Master Plot Plan
The Proposed Project consists of a Master Plot Plan for the development of the 1.31- acre commercial site with eight (8) island fueling stations, six (6) vehicle charging stations, a 7,400 square foot convenience store, and a drive-thru carwash, along with the associated landscaping, and on-site and off-site improvements.

Conditional Use Permit
Pursuant to the requirements of Section 9.02.060 (Conditional Use Permits) of the City’s Planning and Zoning Code, approval of an auto service station with accessory uses including vehicle charging stations, convenience store, and drive-thru carwash located within 300 feet from a residential zone or use is permitted within the subject Downtown Center (DC) District subject to the approval of a Conditional Use Permit.

The proposed Beyond Food Mart project operation as an eight (8) island fueling station, six (6) vehicle charging stations, convenience store, and drive-thru carwash is consistent with and in compliance with the development standards, requirements, and regulations of the Municipal Code for a Conditional Use Permit, as well as the goals, policies, and objectives of the City’s General Plan.

With the exception of the proposed drive-thru carwash, the proposed Beyond Food Mart project facilities will be open seven (7) days per week and twenty-four (24) hours per day. At this time, there will be a total of twelve (12) employees covering three (3) shifts with a minimum of three (3) employees per shift. Beyond Food Mart utilizes a state-ofthe-art security system with alarms, surveillance cameras, and security lighting for security purposes. Additionally, the employees are trained and directed so that the property is walked hourly to ensure cleanliness and safety. The operating hours of the drive-thru carwash and vacuum stations will be from 8:00 a.m. to 10:00 p.m.

Site and Surrounding Area
The Project Site is currently vacant and unimproved. The parcels directly to the north and west of the Project Site are within the Downtown Center (DC) District and are F.2
Packet Pg. 2519

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currently vacant and unimproved. The parcels to the east of the Project Site across Oliver Street are within 300 feet and developed with single-family residences within the Residential Medium Low (ML) District of the Moreno Valley Ranch Specific Plan (SP193). The parcels south of the Project Site across Iris Avenue are also within 300 feet and developed with single-family residences within the Residential Medium Low (ML) District of the Moreno Valley Ranch Specific Plan (SP193). The existing Kaiser Permanente Moreno Valley Medical Center is approximately 400 feet west of the Project Site.

Access/Parking
The proposed Beyond Food Mart project provides direct access via two (2) primary entrances/exits, one (1) located along Iris Avenue and another on Oliver Street. Both driveways are restricted to “right-turn in” and “right-turn out” movements for public safety purposes. The internal site circulation has been designed to adequately accommodate on-site vehicular circulation including access to the island fueling stations, vehicle charging stations, convenience store, and drive-thru carwash tunnel and vacuum stations. Additionally, the carwash drive-thru lane has been designed to provide adequate stacking for the proposed use, not to impede internal vehicular circulation.

The Proposed Project provides 48 off-street parking spaces in compliance with Section

9.11.040 (Off-Street Parking Requirements) of the City’s Planning and Zoning Code.

Design/Landscaping
The architectural design is modern with varied rooflines and projections incorporated into the façade and varying paint colors and façade material schemes to create visual interest in the structures. Incorporating articulated wall surfaces and features, as well as the island fueling station canopy design, will enhance the visual aesthetics at this intersection.

The proposed landscaping plan provides for on-site landscaping along the perimeter of the Project Site. A combination of small and large trees, various shrubs, and ground cover will be utilized on the corner of the subject site along Iris Avenue and Oliver Street to enhance the Project Site and create pedestrian-friendly features.

As designed, the proposed Beyond Food Mart project conforms to the development standards of the Downtown Center (DC) District, the City’s Landscaping Standards, and the design guidelines for commercial developments prescribed in the City’s Municipal Code.

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ENVIRONMENTAL
An Initial Study was prepared by EPD Solutions, Inc. and accepted by the Planning Division Staff in compliance with the requirements of the California Environmental Quality Act (CEQA) and its guidelines. The Initial 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 not have a significant effect on the environment. Technical studies prepared in support of the IS/MND include the following: Air Quality Analysis (CalEEMod 2022 Outputs); Health Risk Assessment; Biological Resources Assessment; Cultural Resources Assessment; Phase I Environmental Site Assessment; Preliminary Hydrology Report; Preliminary Water Quality Management Plan; Noise Impact Study; Traffic Impact Analysis; and Vehicle Miles Traveled Screening Analysis. 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, and online on the City’s website.

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

Air Quality, Biological Resources, and Tribal and Cultural Resources, all of which are incorporated into the Mitigation Monitoring and Report Program (MMRP). The cultural resources measures are intended to ensure that potential resources that might be discovered are protected. However, these measures are not required to address a known significant impact. Based on the Initial Study and with the implementation of the proposed mitigation measures, the Proposed Project will not cause any significant impacts to the environment.

The public comment period for the Notice of Availability of the Initial Study/Mitigated Negative Declaration began on October 13, 2023, and ended on November 2, 2023, (State Clearing House Number 2023100360) which satisfies the required 30-day review period required for this project. 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.

ALTERNATIVES

1. Certify and approve the Initial Study/Mitigated Negative Declaration and the Mitigated Monitoring and Reporting Program, and approve the Proposed Project. (Staff recommends this alternative.)

2. Deny the Proposed Project. (Staff does not recommend this alternative.)

FISCAL IMPACT
The applicant estimates the project will generate between $150,000 and $225,000 in annual sales tax revenue to the City.

Additionally, the development of the site will generate approximately $172,000 in oneF.2 Packet Pg. 2521

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time Development Impact Fees, including approximately $60,000 for the purpose of public art. The Development Impact Fee estimate is based on the July 1, 2023, Development Impact fee rates. The Development Impact Fee amount is subject to change.

NOTIFICATION
Consistent with the City Municipal Code provisions and applicable law, 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. Public comments received prior to publication of the report have been attached to this report.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Oliver Mujica Sean P. Kelleher
Contract Planner Community Development Director

CITY COUNCIL GOALS
Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal policies to support essential City services, regardless of economic climate.

Positive Environment. Create a positive environment for the development of Moreno Valley's future.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. Resolution No. 2023-XX - Initial Study/MND

2. Appendix A - CalEEMod 2022 Detailed Report

3. Appendix B - Health Risk Assessment

4. Appendix C - Biological Resources Assessment
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5. Appendix D - Cultural Resources Assessment

6. Appendix E - Phase I Environmental Assessment Report

7. Appendix F - Preliminary Hydrology Study

8. Appendix G - Preliminary WQMP

9. Appendix H - Noise Impact Analysis

10.Appendix I - Traffic Impact Analysis

11.Appendix J - VMT Screening Analysis

12.Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit

13.Location Map

14.Project Plans - Architectural

15.Project Plans - Conceptual Landscaping and Preliminary Grading

16.Planning Commission Staff Report - Beyond Food Mart

17.Planning Commission - Written Public Comments

APPROVALS
Budget Officer Approval ✓ Approved . 12/11/23 11:56 AM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 12/11/23 12:16 PM
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1 Resolution No. 2023-XX
December 19, 2023
RESOLUTION NUMBER 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO

VALLEY, CALIFORNIA, ADOPTING AND APPROVING A MITIGATED

NEGATIVE DECLARATION AND A MITIGATION MONITORING AND
REPORTING PROGRAM FOR MASTER PLOT PLAN (PEN22-0238) AND CONDITIONAL USE PERMIT (PEN22-0176) FOR THE BEYOND FOOD

MART LOCATED ON THE NORTHWEST CORNER OF IRIS AVENUE
AND OLIVER STREET (APN: 486-310-038)
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 (CEQA1) and CEQA Guidelines2; and
WHEREAS, Beyond Food Mart, Inc. (“Applicant”) has submitted applications for a Master Plot Plan (PEN22-0238) for a 1.31-acre commercial development and a Conditional Use Permit (PEN22-0176) for the operation of an eight (8) island fueling station, six (6) vehicle charging stations, 7,400 square foot market, and a drive-thru carwash, including a state-of-the-art security system with alarms, surveillance cameras and security lighting, and the prohibition of alcohol beverage sales (“Proposed Project”) located at the northwest corner of Iris Avenue and Oliver Street (APN: 486-310-038), within the Downtown Center (DC) District (“Project Site”); and WHEREAS, Planning Division Staff completed an Initial Study (“Environmental Assessment”) for the Proposed Project and based on the Environmental Assessment, recommended adoption of a Mitigated Negative Declaration (“MND”) and adoption 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 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 twenty (20) days commencing on October 13, 2023, through November 2, 2023; and
WHEREAS, in compliance with CEQA and the CEQA Guidelines, a 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 November 9, 2023, a hearing was conducted by the Planning Commission whereby the Planning Commission voted unanimously 7-0 to adopt Planning Commission Resolution No. 2023-47 adopting the MND and the MMRP for the Proposed 1 Public Resources Code §§ 21000-21177 2 14 California Code of Regulations §§15000-15387 F.2.a
Packet Pg. 2524 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) 2 Resolution No. 2023-XX
December 19, 2023
Project, and adopt Planning Commission Resolution 2023-48 approving the Proposed Project; and
WHEREAS, on December 19, 2023, a hearing was conducted by the City Council to approve the Mitigated Negative Declaration/Initial Study, Mitigation Monitoring and Reporting Program, and the Proposed Project; and
WHEREAS, at the conclusion of the December 19, 2023 public hearing, in the exercise of its own independent judgment, the City Council determined that the Initial Study/Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program will reduce the environmental impacts of the Proposed Project to levels of insignificance and that there is no substantial evidence supporting a fair argument that the Proposed Project will have a significant effect on the environment.

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

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

Section 2. Evidence
That the City Council has considered all the evidence submitted into the Administrative Record for the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, including, but not limited to, the following:
(a) Initial Study/Mitigated Negative Declaration prepared for the Proposed Project, attached hereto as Exhibit A; and
(b) Notice of Intent to Adopt a Mitigated Negative Declaration and Newspaper Notice, attached hereto as Exhibit B; and
(c) Mitigation Monitoring and Reporting Program, attached hereto as Exhibit C; and
(d) Staff Report and Resolutions prepared for the Planning Commission’s consideration and all documents, records, and references related thereto, and Staff’s presentation at the public hearing; and
(e) Testimony, comments, and correspondence from all persons that were provided at, or prior to, the November 9, 2023, Planning Commission public hearing; and
(g) Staff Report for the City Council’s consideration and all documents, records, and references related thereto, and Staff’s presentation at the December 19, 2023, public hearing; and
(h) Testimony, comments, and correspondence from all persons that were provided at, or prior to, the City Council December 19, 2023 public hearing.

F.2.a
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December 19, 2023
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 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 fair 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;
(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 the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program represent the independent judgment and analysis of the City Council 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 City Council hereby adopts the Initial Study/Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program attached hereto as Exhibits A and B.

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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Packet Pg. 2526 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) 4 Resolution No. 2023-XX
December 19, 2023
Section 8. Certification
That the City Clerk of the City Council shall certify to the passage of this Resolution.

PASSED AND ADOPTED THIS 19th DAY OF DECEMBER, 2023.

CITY OF MORENO VALLEY

CITY COUNCIL
_____________________________________
Ulises Cabrera,
Mayor of the City of Moreno Valley
ATTEST:
_____________________________________________
Jane Halstead,
City Clerk
APPROVED AS TO FORM:
_____________________________________________
Steven B. Quintanilla,
City Attorney
Exhibits:

Exhibit A: Initial Study/Mitigated Negative Declaration Exhibit B: Mitigation Monitoring and Reporting Program
Exhibit C: Notice of Intent to Adopt a Mitigated Negative Declaration F.2.a
Packet Pg. 2527 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Exhibit A

INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
F.2.a
Packet Pg. 2528 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART)

CITY OF

MORENO VALLEY

INITIAL STUDY FOR
Beyond Food Mart Oliver and Iris
(Master Plot Plan PEN22-0176
Conditional Use Permit PEN22-0238)
October 2023
Lead Agency

CITY OF MORENO VALLEY
14177 Frederick Street
Moreno Valley, CA 92552
Prepared By
Lilburn Corporation
1905 Business Center Drive
San Bernardino, California 92408
(909) 890 – 1818
F.2.a
Packet Pg. 2529 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris i City of Moreno Valley

TABLE OF CONTENTS
BACKGROUND INFORMATION AND PROJECT DESCRIPTION..............................................1 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED.....................................................14 DETERMINATION ....................................................................................................................14 EVALUATION OF ENVIRONMENTAL IMPACTS .....................................................................15 I. Aesthetics...................................................................................................................28 II. Agriculture and Forest Resources ..............................................................................32 III. Air Quality...................................................................................................................34 IV. Biological Resources ..................................................................................................42 V. Cultural Resources .....................................................................................................46 VI. Energy........................................................................................................................49 VII. Geology and Soils ......................................................................................................50 VIII. Greenhouse Gas Emissions .......................................................................................54 IX. Hazards and Hazardous Materials..............................................................................57 X. Hydrology and Water Quality......................................................................................61 XI. Land Use and Planning ..............................................................................................66 XII. Mineral Resources......................................................................................................69 XIII. Noise ..........................................................................................................................70 XIV. Population and Housing..............................................................................................74 XV. Public Services...........................................................................................................75 XVI. Recreation..................................................................................................................76 XVII. Transportation ............................................................................................................77 XVIII.Tribal Cultural Resources ...........................................................................................81 XIX. Utilities and Service Systems......................................................................................82 XX. Wildfire .......................................................................................................................87 XXI. Mandatory Findings of Significance ............................................................................89 TABLES

1. Project Site and Surrounding Land Uses .........................................................................2

2. Commercial Development Standards ............................................................................29

3. Maximum Summer and Winter Construction Emissions ................................................36

4. Summer Operational Emissions Summary ....................................................................38

5. Winter Operational Emissions Summary .......................................................................38

6. Greenhouse Gas Construction Emissions .....................................................................55

7. Greenhouse Gas Operational Emissions.......................................................................56

8. General Plan Consistency Analysis ...............................................................................67

9. Project Trip Generation .................................................................................................77

FIGURES
1 Regional Location............................................................................................................6 2 Project Vicinity.................................................................................................................7 3 Site Plan..........................................................................................................................8 4 Preliminary Grading Plan.................................................................................................9 5 Preliminary Landscaping Plan .......................................................................................10 6A Elevations-C Store.........................................................................................................11 6B Elevations-Fueling Station Canopy & Carwash..............................................................12 7 Site Photos....................................................................................................................13 F.2.a
Packet Pg. 2530 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris ii City of Moreno Valley MITIGATION MONITORING AND REPORTING PROGRAM (Separate Document if applicable) APPENDICES (Separate Documents)
A. CalEEMod 2022 Outputs
B. Health Risk Assessment Study
C. Biological Resources Assessment, Jurisdictional Delineation, and MSHCP Consistency Analysis
D. Phase I Cultural Resources Assessment
E. Phase I Environmental Site Assessment Report
F. Preliminary Hydrology Study
G. Project Specific Water Quality Management Plan
H. Noise Impact Study
I. Traffic Impact Analysis
J. Vehicle Miles Traveled Screening Analysis
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Packet Pg. 2531 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 1 City of Moreno Valley

INITIAL STUDY (IS) FOR
Beyond Food Mart
BACKGROUND INFORMATION AND PROJECT DESCRIPTION:

1. Project Case Number(s): PEN 22-0176, PEN 22-0238

2. Project Title: Beyond Food Mart Oliver and Iris

3. Public Comment Period: September 29, 2023 – October 18, 2023

4. Lead Agency: City of Moreno Valley
Oliver Mujica, Planning Department
14177 Frederick Street
Moreno Valley, CA 92552
(951) 413- 3206
[email protected]

5. Documents Posted At: https://www.moreno-valley.ca.us/cdd/documents/aboutprojects.html

6. Prepared By: Lilburn Corporation
1905 Business Center Drive
San Bernardino, CA 92408
(909) 890- 1818
[email protected]

7. Project Sponsor:

Property Owner
/Applicant/Developer
Paradise Lake, LLC
4300 Edison Avenue
Chino, California, 91710
[email protected]

8. Project Location: The Project is generally located within Section 22, Township 3 South, Range 3 West, and is depicted on the Sunnymead U.S. Geological Survey (USGS)

7.5-minute topographic map. The Project Site is located at the northwest corner of Iris Avenue and Oliver Street with an address of 27990 Iris Avenue, Moreno Valley, CA. The APN is 486-310-038 and the Assessor’s Map shows the property is 1.31 acres Refer to Figure 1, Regional Location Map and Figure 2, Vicinity Map.

9. General Plan Designation: The Project Site is designated as Downtown Center (DC - SP 218LM) Land Use District

10. Specific Plan Name and Designation: Downtown Center/AquaBella, Planned Commercial (PC)
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11. Existing Zoning: Downtown Center (DC)

12. Surrounding Land Uses and Setting:

Table 1
Project Site and Surrounding Land Uses
Land Use General Plan Zoning
Project
Site Vacant Planned Commercial (PC) Downtown Center (DC) North Vacant Planned Commercial (PC) Downtown Center (DC) South Single Family Residential
(R10)
Suburban Residential
(SP 193 ML)
Medium Low Density
Residential (ML)
East Single Family Residential
(R10)
Suburban Residential (SP
193 ML)
Medium Low Density
Residential (ML)
West Vacant Planned Commercial (PC) Downtown Center (DC)

13. Description of the Site and Project:

Environmental Setting
The Project Site is located in the City of Moreno Valley in western Riverside County in a primarily residential area of the city. The property is currently vacant and is surrounded by residential development to the east and south. Vacant parcels are to the north and to the west; the Kaiser Permanente Moreno Valley Hospital is west of the Project Site.

Approximately ½-mile to the south lie the foothills of the Lake Perris Recreational Area.

Proposed Site photos are included as Figure 7.

Project Description
Beyond Food Mart, Inc. (Applicant) is requesting to construct and operate an eight-island fueling station, a 7,460 square-foot convenience store, and a 1,790 square-foot drive-thru carwash. The proposed Site Plan is included as Figure 3, the Preliminary Grading Plan as Figure 4, the Preliminary Landscaping Plan as Figure 5, and the Building Elevation Plans are Figures 6a and 6b. The Project Site contains 1.31 acres (APN: 486-310-038). The Project Site is located at the northwest corner of Iris Avenue and Oliver Street in the City of Moreno Valley.

The fueling station includes two underground storage tanks (USTs). One tank would have a capacity of 27,000 gallons and would be a split tank that would store both E85 and unleaded fuel. The second tank would have a capacity of 15,000 gallons and would store unleaded premium and diesel fuel. The fueling islands would include 16 fueling positions and would be located under a 5,979 square-foot canopy with a height of 19’6”. The development would include 14,944 square-feet of landscaping. There would be a total of 43 passenger car parking spaces to include two handicap accessible spaces, two spaces for electric vehicles (EV), four spaces for low emission (carpool/vanpool) vehicles, 3 spaces for bicycle parking, and one additional parking space will be reserved as a loading/unloading space. Access to the Project Site will be provided by two approximately 35-foot driveways on the eastern and southern portion of the lot; one from Iris Avenue and one from Oliver Street.

The maximum height of the convenience store and canopies would not exceed 50 feet. The Proposed Project is expected to operate 24 hours a day, seven days a week, and will include approximately 12 employees.

F.2.a
Packet Pg. 2533 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 3 City of Moreno Valley The Proposed Project also includes a storm water system with one underground bioretention basin with a storm water retention volume of 15,237 cubic-feet (CF) that would be located on the southeast portion of the Project Site and one vegetation swale located (refer to Figure 3). There is an existing water line in Iris Avenue that the Proposed Project would connect to. The Proposed Project would also connect to an existing sewer line in Iris Avenue.

The Proposed Project’s Landscape Plan (see Figure 5) includes as a Design Feature, a number of mature trees on-site as well as shrubs and ground cover representing 35% of the site development and will be in accordance with the City’s Municipal Code 9.17.030.

14. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21080.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality.

The City initiated AB 52 consultation on August 19, 2023 for a 30-day period. A total of seven tribes received letter notification, which are:
- Agua Caliente Band of Cahuilla
Indians
- Desert Cahuilla Indians
- Morongo Band of Mission Indians - Pechanga Cultural Resources Department
- San Manuel Band of Mission Indians - Soboba Band of Luiseno Indians - Ricon Band of Luiseno Indians
Two tribes responded as follows:

Tribe Comment Letter
Received Summary of Response Conclusion
Agua Caliente Band of Cahuilla
Indians
8/30/2023 Tribal Historic Preservation
Office’s concerns have been
addressed.

AB 52
consultation is
concluded
San Manuel Band of Mission
Indians
8/31/2023 Project outside of Serrano
ancestral territory.

Consultation not
requested
Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21083.3.2.) Information may also be available from the California Native American Heritage Commission’s Sacred Lands File per Public Resources Code section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality.

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15. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement):
a. None

16. Other Technical Studies Referenced in this Initial Study (Provided as Appendices):

A. CalEEMod 2022 Outputs
B. Health Risk Assessment
C. Biological Resources Assessment, Jurisdictional Delineation, and MSHCP Consistency Analysis
D. Phase I Cultural Resources Assessment
E. Phase I Environmental Site Assessment Report
F. Preliminary Hydrology Study
G. Project Specific Water Quality Management Plan
H. Noise Impact Study
I. Traffic Impact Analysis
J. Vehicle Miles Traveled Screening Analysis

17. Acronyms:

ADA - American with Disabilities Act
ALUC - Airport Land Use Commission
ALUCP - Airport Land Use Compatibility Plan
AQMP - Air Quality Management Plan
CEQA - California Environmental Quality Act
CIWMD - California Integrated Waste Management District CMP - Congestion Management Plan
DTSC - Department of Toxic Substance Control
DWR - Department of Water Resources
EIR - Environmental Impact Report
EMWD - Eastern Municipal Water District
EOP - Emergency Operations Plan
FEMA - Federal Emergency Management Agency
FMMP - Farmland Mapping and Monitoring Program
GIS - Geographic Information System
GHG - Greenhouse Gas
GP - General Plan
HCM Highway Capacity Manual
HOA - Home Owners’ Association
IS - Initial Study
LHMP - Local Hazard Mitigation Plan
LOS - Level of Service
LST - Localized Significance Threshold
MARB - March Air Reserve Base
MARB/IPA- March Air Reserve Base/Inland Port Airport
MSHCP - Multiple Species Habitat Conservation Plan
MVFP - Moreno Valley Fire Department
MVPD - Moreno Valley Police Department
MVUSD - Moreno Valley Unified School District
MWD - Metropolitan Water District
NCCP - Natural Communities Conservation Plan
NPDES - National Pollutant Discharge Elimination System OEM - Office of Emergency Services
F.2.a
Packet Pg. 2535 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 5 City of Moreno Valley OPR - Office of Planning & Research, State
PEIR - Program Environmental Impact Report
PW - Public Works
RCEH - Riverside County Environmental Health
RCFCWCD - Riverside County Flood Control & Water Conservation District RCP - Regional Comprehensive Plan
RCTC - Riverside County Transportation Commission
RCWMD - Riverside County Waste Management District
RTA - Riverside Transit Agency
RTIP - Regional Transportation Improvement Plan
RTP - Regional Transportation Plan
SAWPA - Santa Ana Watershed Project Authority
SCAG - Southern California Association of Governments
SCAQMD - South Coast Air Quality Management District
SCE - Southern California Edison
SCH - State Clearinghouse
SKRHCP - Stephens’ Kangaroo Rat Habitat Conservation Plan SWPPP - Storm Water Pollution Prevention Plan
SWRCB - State Water Resources Control Board
USFWS - United States Fish and Wildlife
USGS - United States Geologic Survey
VMT - Vehicle Miles Traveled
VVUSD - Valley Verde Unified School District
WQMP - Water Quality Management Plan
WRCOG - Western Riverside Council of Government
F.2.a
Packet Pg. 2536 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) R

EGIONAL LOCATION

LILBURN

C O R P O R AT I O N
FIGURE 1
Mile
0 1.5
Tabel Center
City of Moreno Valle
y, California

PROJECT SITE
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LILBURN

C O R P O R A T I O N
Feet
0 200 PROJECT VICINITY
FIGURE 2
PROJECT SITE Oliver Street
Tabel Center
City of Moreno Valley, California
Iris Ave
Arla Street
Oliver
Street
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LILBURN

C O R P O R AT I O N
S
I
TE
P
LAN
FI
G
U
RE
3 Tabel Center
City of Moreno Valle
y, California
F.2.a
Packet Pg. 2539 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART)

LILBURN

C O R P O R AT I O N
P
REL
I
M
I
N
ARY
G
R
AD
ING
P
LA
N
FI
G
U
RE
4 Tabel Center
City of Moreno Valle
y, California
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Packet Pg. 2540 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART)

LILBURN

C O R P O R AT I O N
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Packet Pg. 2541 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART)

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C O R P O R AT I O N
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Packet Pg. 2542 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART)

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C O R P O R AT I O N
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Packet Pg. 2543 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART)

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C O R P O R AT I O N
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Packet Pg. 2544 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) F.2.a
Packet Pg. 2545 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 15 City of Moreno Valley EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a Lead Agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a projectspecific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3) Once the Lead Agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required.
4) Less Than Significant with Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The Lead Agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or another CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources. A source list should be attached, and other sources used, or individuals contacted should be cited in the discussion.

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Packet Pg. 2546 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 16 City of Moreno Valley 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance.

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Packet Pg. 2547 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) MMRP
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Mitigation Monitoring and Reporting Program
Introduction
The California Environmental Quality Act (CEQA) requires a lead or public agency that approves or carries out a project for which an Mitigated Negative Declaration has been certified which identifies one or more significant adverse environmental effects and where findings with respect to changes or alterations in the project have been made, to adopt a “…reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment” (CEQA, Public Resources Code Sections 21081, 21081.6).

A Mitigation Monitoring and Reporting Program (MMRP) is required to ensure that adopted mitigation measures are successfully implemented. The City of Moreno Valley is the Lead Agency for the project and is responsible for implementation of the MMRP. Table 1 of this report describes the MMRP for the Project and identifies the parties that will be responsible for monitoring implementation of the individual mitigation measures in the MMRP. This report also describes existing Plans, Programs, or Policies (PPPs) that apply to the project in Table 2.

Mitigation Monitoring and Reporting Program
The MMRP for the Project will be active through all phases of the Project, including design, construction, and operation. The attached table identifies the mitigation program required to be implemented by the City for the Project. The table identifies mitigation measures required by the City to mitigate or avoid significant impacts associated with the implementation of the Project, the timing of implementation, and the responsible party or parties for monitoring compliance.

The MMRP also includes a column that will be used by the compliance monitor (individual responsible for monitoring compliance) to document when implementation of the measure is completed. As individual Plan, Program, Policies; and mitigation measures are completed, the compliance monitor will sign and date the MMRP, indicating that the required actions have been completed.

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TABLE 1: MITIGATION MONITORING AND REPORTING PROGRAM

MITIGATION MEASURE ACTION AND TIMING
Responsible for

ENSURING COMPLIANCE
/ VERIFICATION
DATE

COMPLETED

AND INITIALS
Air Quality
MM AQ-1: Compliance with SCAQMD Rules 402 and 403. The
Project Proponent would be required to comply with Rules 402 nuisance, and 403 fugitive dust, which require the
implementation of Best Available Control Measures (BACMs) for each fugitive dust source, and the AQMP, which identifies Best Available Control Technologies (BACTs) for area sources and point sources. The BACMs and BACTs would include, but not be limited to the following:

1. The Project Proponent shall ensure that any portion of the site to be graded shall be pre-watered prior to the onset of grading activities (see Figures 4 and 6).
a) The Project Proponent shall ensure that watering of the site or other soil stabilization method shall be
employed on an on-going basis after the initiation of
any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly (3x daily) to ensure that a crust is formed on the ground
surface and shall be watered at the end of each
workday.
b) The Project Proponent shall ensure that all disturbed areas are treated to prevent erosion until the site is
constructed upon.
c) The Project Proponent shall ensure that landscaped
areas are installed as soon as possible to reduce the
potential for wind erosion.
d) The Project Proponent shall ensure that all grading
activities are suspended during first and second stage
ozone episodes or when winds exceed 25 miles per
hour.

During construction, exhaust emissions from construction vehicles and equipment and fugitive dust generated by
In Construction Plans and Specifications.

Prior to Demolition, Grading and
Building Permits
City of Moreno Valley
Building and Safety
Division
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MITIGATION MEASURE ACTION AND TIMING
Responsible for

ENSURING COMPLIANCE
/ VERIFICATION
DATE

COMPLETED

AND INITIALS
equipment traveling over exposed surfaces would increase NOX and PM10 levels in the area. Although the Proposed Project does not exceed SCAQMD thresholds during construction, the
Applicant/Contractor would be required to implement the following conditions as required by SCAQMD:

1. To reduce emissions, all equipment used in grading and construction must be tuned and maintained to the
manufacturer’s specification to maximize efficient
burning of vehicle fuel.

2. The Project Proponent shall ensure that existing power sources are utilized where feasible via temporary
power poles to avoid on-site power generation during
construction.

3. The Project Proponent shall ensure that construction personnel are informed of ride sharing and transit
opportunities.

4. All buildings on the Project Site shall conform to energy use guidelines in Title 24 of the California
Administrative Code.

5. The operator shall maintain and effectively utilize and schedule on-site equipment in order to minimize
exhaust emissions from truck idling.

6. The operator shall comply with all existing and future California Air Resources Board (CARB) and SCAQMD
regulations related to diesel-fueled trucks, which may
include among others: (1) meeting more stringent
emission standards; (2) retrofitting existing engines
with particulate traps; (3) use of low sulfur fuel; and (4) use of alternative fuels or equipment.

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MITIGATION MEASURE ACTION AND TIMING
Responsible for

ENSURING COMPLIANCE
/ VERIFICATION
DATE

COMPLETED

AND INITIALS
Biological Resources
MM BIO-1: Migratory Bird Treaty Act. Nesting bird nesting season generally extends from February 1 through September 15 in southern California and specifically, March 15 through August 31 for migratory passerine birds. To avoid impacts to nesting birds (common and special status) during the nesting season, a qualified Avian Biologist will conduct pre-construction Nesting Bird Surveys (NBS) prior to Project-related disturbance to nestable vegetation to identify any active nests. If no active nests are found, no further action will be required. If an active nest is found, the biologist will set appropriate no-work buffers around the nest which will be based upon the nesting species, its sensitivity to disturbance, nesting stage, and expected types, intensity, and duration of the disturbance. The nests and buffer zones shall be field-checked weekly by a qualified biological monitor. The approved no-work buffer zone shall be clearly marked in the field, within which no disturbance activity shall commence until the qualified biologist has determined the young birds have successfully fledged and the nest is inactive.

Surveys to be conducted if construction
occurs during the nesting period of
February 1 through September 15.

City of Moreno Valley
Community Development
Department
Cultural Resources
MM CR-1: Archaeological Monitoring. Prior to the issuance of a grading permit, the Developer shall retain a professional archaeologist to conduct monitoring of all mass grading and trenching activities. The Project Archaeologist shall have the authority to temporarily redirect earthmoving activities in the event that suspected archaeological resources are unearthed during Project construction. The Project Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a Cultural Resources Management Plan (CRMP) in consultation pursuant to the definition in AB52 to address the details, timing and responsibility of all
archaeological and cultural activities that will occur on the project site. A consulting tribe is defined as a tribe that initiated Confirmation of professional
archaeologist
retention/ongoing/monitoring/submittal
of Report of Findings. Prior to issuance
of Grading Permit and during subsurface
excavation.

City of Moreno Valley
Community Development
Department
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MITIGATION MEASURE ACTION AND TIMING
Responsible for

ENSURING COMPLIANCE
/ VERIFICATION
DATE

COMPLETED

AND INITIALS
the AB 52 tribal consultation process for the Project, has not opted out of the AB52 consultation process, and has completed AB 52 consultation with the City as provided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include:
a. Project grading and development scheduling;
b. The Project archeologist and the Consulting Tribes(s) as defined in CR-1 shall attend the pre-grading meeting
with the City, the construction manager and any
contractors and will conduct a mandatory Cultural
Resources Worker Sensitivity Training to those in
attendance. The Training will include a brief review of the cultural sensitivity of the Project and the
surrounding area; what resources could potentially be
identified during earthmoving activities; the
requirements of the monitoring program; the protocols
that apply in the event inadvertent discoveries of
cultural resources are identified, including who to
contact and appropriate avoidance measures until the
find(s) can be properly evaluated; and any other
appropriate protocols. All new construction personnel
that will conduct earthwork or grading activities that
begin work on the Project following the initial Training must take the Cultural Sensitivity Training prior to
beginning work and the Project archaeologist and
Consulting Tribe(s) shall make themselves available to
provide the training on an as needed basis;
c. The protocols and stipulations that the contractor, City, Consulting Tribe(s), and Project archaeologist will
follow in the event of inadvertent cultural resources
discoveries, include any newly discovered cultural
resource deposits that shall be subject to a cultural
resource evaluation.

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MITIGATION MEASURE ACTION AND TIMING
Responsible for

ENSURING COMPLIANCE
/ VERIFICATION
DATE

COMPLETED

AND INITIALS
Geology and Soils
MM GEO-1: Paleontological Resources. A paleontologist
selected from the roll of qualified paleontologists maintained by the City shall be retained to provide spot-check monitoring services for the project. The paleontologist shall develop a Paleontological Resources Impact Mitigation Plan (PRIMP) to mitigate the potential impacts to unknown buried
paleontological resources that may exist onsite. The PRIMP shall require that the paleontologist be present at the pre-grading conference to establish procedures for paleontological resource surveillance. The PRIMP shall require paleontological spot-check monitoring of excavation that exceeds depths of 5 feet. The PRIMP shall state that the project paleontologist shall reevaluate the necessity for paleontological monitoring after 50 percent or greater of the excavations deeper than 5 feet have been completed.

In the event that paleontological resources are encountered, ground-disturbing activity within 50 feet of the area of the discovery shall cease. The paleontologist shall examine the materials encountered, assess the nature and extent of the find, and recommend a course of action to further investigate and protect or recover and salvage those resources that have been encountered.

Criteria for discard of specific fossil specimens will be made explicit. If a qualified paleontologist determines that impacts to a sample containing significant paleontological resources cannot be avoided by project planning, then recovery may be applied.

Actions may include recovering a sample of the fossiliferous material prior to construction, monitoring work and halting construction if an important fossil needs to be recovered, and/or cleaning, identifying, and cataloging specimens for curation and research purposes. Recovery, salvage and treatment shall be Confirmation of professional
paleontologist
retention/ongoing/monitoring/submittal
of Paleontological Resources Impact
Mitigation Plan (PRIMP). Prior to
issuance of Grading Permit and during
subsurface excavation.

City of Moreno Valley
Community Development
Department
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MITIGATION MEASURE ACTION AND TIMING
Responsible for

ENSURING COMPLIANCE
/ VERIFICATION
DATE

COMPLETED

AND INITIALS
done at the applicant’s expense. All recovered and salvaged resources shall be prepared to the point of identification and permanent preservation by the paleontologist. Resources shall be identified and curated into an established accredited professional repository. The paleontologist shall have a repository agreement in hand prior to initiating recovery of the resource.

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TABLE 2: EXISTING PLANS, PROGRAMS, OR POLICIES
PPP Action and Timing
Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials

AIR QUALITY
PPP AQ-1: Rule 402. The project is required to comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule 402. The project shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property.

Compliance with Rule
402. Construction.

City of Moreno Valley
Community Development
Department
PPP AQ-2: Rule 403. The project is required to comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule 403, which includes the following:
• All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions.
• The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered, with complete coverage of disturbed areas, at least 3 times daily during dry weather; preferably in the mid-morning, afternoon, and after work is done for the day.
• The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or less.

Compliance with Rule
403. Construction.

City of Moreno Valley
Community Development
Department
PPP AQ-3: Rule 1113. The project is required to comply with the provisions of South Coast Air Quality Management District Rule (SCAQMD) Rule 1113. Only Compliance with Rule
1113. Construction.

City of Moreno Valley
Community Development
Department
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“Low-Volatile Organic Compounds” paints (no more than 50 gram/liter of VOC) and/or High Pressure Low Volume (HPLV) applications shall be used.

BIOLOGICAL RESOURCES
PPP BIO-1: MSHCP Development Impact Fees. Prior to issuance of a grading or building permit, the project applicant will be required to pay relevant City of Moreno Valley mitigation fees to the City.

Pay MSHCP fee.

Prior to Grading Permit.

City of Moreno Valley
Community Development
Department

GEOLOGY
PPP GEO-1: California Building Code. The Project is required to comply with the California Building Code as included in the City’s Municipal Code Chapter

8.20 to preclude significant adverse effects associated with seismic hazards.

California Building Code related and geologist and/or civil engineer specifications for the Project are required to be incorporated into grading plans and specifications as a condition of Project approval.

Comply with California
Building Cod. Prior to
Grading Permit.

City of Moreno Valley
Community Development
Department

GREENHOUSE GAS EMISSIONS
PPP GHG-1: CalGreen Compliance. The project is required to comply with the CalGreen Building Code as included in the City’s Municipal Code to ensure efficient use of energy. CalGreen specifications are required to be incorporated into building plans as a condition of building permit approval.

Comply with CalGreen
efficient energy
specifications. Prior to
building permit.

City of Moreno Valley
Community Development
Department

PUBLIC SERVICES
PPP PS-1: The project will be required to pay applicable development fees levied by the Moreno Valley Unified School District pursuant to the School Facilities Act (Senate Bill [SB] 50, Stats. 1998, c.827) to offset any effects on school facilities resulting from new development.

Pay SB 50 school fees.

Prior to building permits.

City of Moreno Valley
Community Development
Department
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PPP PS-2: Park Fees. As a condition of the approval of a residential development, the project shall pay applicable park related fees and/or dedicate parkland pursuant to Municipal Code Section 3.38.080 and Chapter 3.40.

Pay applicable park fees.

Prior to building permits.

City of Moreno Valley
Community Development
Department

WATER QUALITY
PPP WQ-1: Stormwater Pollution Prevention Plan. Prior to grading permit issuance, the project developer shall have a Stormwater Pollution Prevention Plan (SWPPP) prepared by a Qualified SWPPP Developer (QSD) in accordance with the City’s Municipal Code Chapter 8.10 and the Santa Ana Regional Water Quality Control Board National Pollution Discharge Elimination System (NPDES) Storm Water Permit Order No. R4-2012-0175 (MS4 Permit). The SWPPP shall incorporate all necessary Best Management Practices (BMPs) and other NPDES regulations to limit the potential of erosion and polluted runoff during construction activities. Project contractors shall be required to ensure compliance with the SWPPP and permit periodic inspection of the construction site by the City of Moreno Valley staff or its designee to confirm compliance.

Review and approval of
SWPPP. Prior to Grading
Permit.

City of Moreno Valley
Community Development
Department
PPP WQ-2: Water Quality Management Plan, Prior to grading permit issuance, the project applicant shall have a Water Quality Management Plan (WQMP) approved by the City for implementation. The project shall comply with the City’s Municipal Chapter 8.10 and the Municipal Separate Storm Sewer System (MS4) permit requirements in effect for the Regional Water Quality Control Board (RWQCB) at the time of grading permit to control discharges of sediments and other pollutants during operations of the project.

Review and approval of
WQMP. Prior to Grading
Permit.

City of Moreno Valley
Community Development
Department
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Packet Pg. 2558 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 28 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
I. AESTHETICS – Except as provided in Public Resources Code §21099 – Modernization of Transportation Analysis for Transit-Oriented Infill Projects – Would the project:
a) Have a substantial adverse effect on a scenic
vista?
Response: Less than Significant Impact
Scenic vistas are publicly accessible viewpoints that provide views of areas from the Project Site. Scenic vistas within the City include Box Springs Mountains and Reche Canyon area to the north approximately 1.7 miles from the Project Site, the “Badlands” to the east approximately 12 miles from the Project Site, and the Mount Russel area to the south approximately 12.4 miles from the Project Site.

The Project Site is located at the northwest corner of Oliver Street and Iris Avenue. Surrounding land uses include: one and two-story single-family residential units to the east, two-story singlefamily residential units to the south; a vacant parcel and Kaiser Permanente Hospital to the west, and a vacant parcel and additional hospital equipment storage to the north. Perimeter walls around the single-family residential homes located to the east and south of the Project Site, block views of scenic vistas from backyards and first floors of the single-family residential homes. The single-family residential units to the south are approximately 10 feet higher in elevation compared to the Project Site. Ornamental trees are located along Iris Avenue to the north and south, partially blocking scenic views of the Box Springs Mountains, and are also located east of Oliver Street, partially blocking views of the Box Spring Mountains from the single-family residential units to the east of Oliver Street.

The proposed Beyond Food Mart convenience store would be 23 feet in height at its tallest point and the fueling station canopy would not exceed 20 feet in height. Views of the Box Spring Mountains to the north of the Project Site would be intermittently blocked while traveling east on Iris Avenue due to ornamental trees located north of the street. While traveling west on Iris Avenue, views of the Box Spring Mountains would be partially blocked by the convenience store building and fueling station canopy. The development of the Beyond Food Mart would block some travelers’ views of Box Spring Mountains to the north of the Project Site but is not considered a substantial adverse effect. The Upland Game Hunting Area can be seen when traveling south on Oliver Street and views will partially be blocked by the proposed Beyond Food Mart. Overall, with adherence to the development standards and regulations pursuant to Title IX (Planning and Zoning) of the City’s Municipal Code, the development of the Proposed Project would have a less than significant impact on scenic vistas due to its limited size and height, and no mitigation is required.
b) Substantially damage scenic resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
Response: Less than Significant Impact
The Project Site is currently vacant. Surrounding land uses include single-family residential to the east and south, and vacant land to the north and west. Two scenic highways are located within the City which includes State Route 60 (SR-60) and Moreno Beach Drive. State Route 60 is located approximately 3 miles north of the Project Site while Moreno Beach Drive is located approximately 0.3 mile east of the Project Site. However, single-family residential units are currently blocking views of the Project Site from Moreno Beach Drive. Therefore, the F.2.a
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
development of the Proposed Project will have a less than significant impact related to scenic resources and no mitigation is required.
c) In non-urbanized areas, substantially degrade
the existing visual character or quality of public
views of the site and its surroundings? (Public
views are those that are experienced from
publicly accessible vantage point). If the
project is in an urbanized area, would the
project conflict with applicable zoning and other
regulations governing scenic quality?
Response: Less than Significant Impact
The Project Site is located in an urbanized area. The construction phase of the Project would introduce the use of machinery such as excavators and bulldozers. The presence of the construction equipment, as well as the construction activities, would temporarily alter the visual character of a portion of the Project Site. Construction staging areas, including earth stockpiling, storage of equipment and supplies, and related activities would contribute to a disturbed site, which would be a short-term visual impact. However, these construction activities would be temporary, and therefore not create a permanent significant visual impact.

Regarding long-term views, the Project Site is currently vacant and undeveloped. Single-family residential units are located to the south and east of the Project Site, with vacant undeveloped land located to the north and west. Just west of the vacant land is Kaiser Permanente Hospital (refer to Figures 2 and 3). The Proposed Project would comply with the City of Moreno Valley General Plan policies and regulations regarding the appearance of the proposed building and fuel station canopy. In addition, the height of the convenience store building and the fueling canopy would be equal or less than that of a single-family home. Therefore, the minor changes in visual character that would result from implementation of the Proposed Project would be less than significant. No mitigation is required.

The Proposed Project would be consistent with applicable development standards and regulations pursuant to Title IX (Planning and Zoning) of the City’s Municipal Code for the Downtown Center (DC) Land Use District, as demonstrated below in Table 2.

Table 2
Commercial Development Standards
Municipal Code Standard Project Consistency
Block Development Blocks over 500 feet should
feature mid-block connections as
pedestrian pathways or alleys.

Block sizes should range
between 330 and 660 linear feet
where feasible
N/A. The Proposed Project
would be developed on

1.31 acres and does not
include residential or
commercial blocks.

Mid-Block Pathways Mid-block pathways shall be no
less than 16 feet wide
N/A. Proposed Project has no
mid-block pathways.

Building Orientation Buildings shall be oriented such
that frontages and entrances are
visible and accessible from the
public right-of-way pedestrian
connections, parks, or plazas
Consistent. The Project’s main
access would be from Oliver
Street to the east and Iris
Avenue to the south. Sidewalks
exist along both project
frontages.

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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Density – Dwelling
Units (DU)/Acre
NA (with or without affordable
housing)
N/A. The Proposed Project
does not include residential
uses.

Minimum Site Area As determined through area plan
if required or site plan review
Consistent. The size of the
Proposed Project is 57,064
square feet (1.31 acres) and is
subject to site plan review.

Minimum Site Width
(feet)
As determined through area plan
if required or site plan review
Consistent. The size of the
Proposed Project is 57,064
square feet (1.31 acres) and is
subject to site plan review.

Minimum Site Depth
(feet)
As determined through area plan
if required or site plan review
Consistent. The size of the
Proposed Project is 57,064
square feet (1.31 acres) and is
subject to site plan review.

Front Building Setback
(feet), (after
dedications for rightof-way) ground floor
use
0 – 10
Consistent. The front setback
for all structures would 10 feet
Side Street Building
Setback Area (feet),
(after dedications for
right-of-way)
0 – 10
Consistent. The street side
setback for all structures would
be 10 feet.

Interior Side Yard
Setback (feet)
0 – 10 N/A. The Proposed Project
does not include residential
uses.

Rear Yard Setback
(feet)
0 – 10 N/A. The Proposed Project
does not include residential
uses.

Lot Coverage,
Maximum
Pending landscape and open
space requirements
Consistent. The maximum lot
coverage would be 16,376
square feet and landscaping
consists of 14,944 square feet.

Building Height (feet),
Maximum
None (50 ft Max on Site Plans) Consistent. The maximum
building height will be 23 feet.

Floor Area Ratio
(FAR)
N/A Consistent. The Floor Area
Ratio for the Proposed Project
is 6.16%.

Minimum Dwelling
Size
a) Studio and One Bedroom:
450 square feet;
b) Two Bedroom: 800 square
feet;
c) Three Bedroom: 1,000
square feet
N/A. The Proposed Project
does not have residential uses.

Minimum Distance
Between Buildings
(feet), (between
residential and
commercial uses)
10 ft
Consistent. The minimum
distance between Proposed
Project buildings and adjacent
residential use property lines
would be at least 100 feet.

Parking (surface) Side
Street Setback (feet),
(after dedications for
right-of-way)
10 ft
Consistent. The minimum
setback distances are met.

F.2.a
Packet Pg. 2561 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 31 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Parking (surface) Side
Street Setback (feet),
(after dedications for
right-of-way)
5 Consistent. The minimum
setback distances are met.

Garage/Truck-Under
Parking
Prohibited along front lot lines N/A. There is no proposed garage or truck-under parking
within the Project Site.

Underground/Podium
Parking
Allowed beneath building
footprints
N/A. There will not be any
underground or podium parking
within the Project Site.

Above Ground Parking
Structure
Allowed if screened from views
from public right-of-way and
adjacent single family residential
zones
N/A. There will be no above
ground parking structures on
the Project Site.

Setback Landscaping All setbacks exclusive of required
walkways and driveways will be
landscaped planting areas
Consistent. The Proposed
Project would include
landscaped setbacks.

Publicly Accessible
Open Space
(nonresidential)
15% of net lot area
N/A. The Proposed Project
does not have open space
uses.

Private Open Space
(multifamily
residential)
150 sq ft per unit on 1st floor, and
100 sq ft per unit on upper floors
N/A. The Proposed Project
does not have residential uses.

Common Open Space
(multifamily
residential)
300 sq ft per unit
N/A. The Proposed Project
does not have residential uses.

Ground floor building
frontages clear glazing
material
60%
Consistent. The architectural
materials requirements are met.

Ground floor-to-ceiling
minimum height (feet)
15 – 20 Consistent. The minimum
ceiling heights are met.

As discussed above, in Table 2, the Proposed Project would be consistent with the applicable development standards and regulations pursuant to Title IX (Planning and Zoning) of the City’s Municipal Code. Thus, the Proposed Project would not conflict with the regulations regarding aesthetics and scenic quality in the Moreno Valley Municipal Code. The new buildings would be setback from adjacent streets and would not encroach into existing public long-distance views. Landscaping would be installed pursuant to the City’s standards. As a result, the Proposed Project would not result in the creation of an aesthetically detrimental site open to public view. Therefore, while the Proposed Project would change the visual character of the site, it would not substantially degrade the existing visual quality of its surroundings, and impacts would be less than significant.
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime
views in the area?
Response: Less than Significant Impact
The Project Site presently does not contain any source of light. Sources of light in the area include street lighting along Iris Avenue and Oliver Street, as well as the fully improved roadways, and single-family residential lighting south and east of the site. Glare is a daytime occurrence resulting from light reflecting off polished surfaces and affecting viewers in nearby moving vehicles. The development of the Beyond Food Mart would create new sources of light F.2.a
Packet Pg. 2562 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 32 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
and glare. At night, the Proposed Project’s interior and exterior building lights and landscape/security lighting would be visible from the adjacent single-family residential uses, and to a lesser extent, from the surrounding public streets. However, these light sources would not contribute to impacts on the night sky, as they would not exceed existing background light levels already present within the surrounding area. In addition, new construction shall comply with the City of Moreno Valley’s General Plan and Municipal Code requirements. A lighting plan would be submitted to the City for approval prior to issuance of Building Permits. Therefore, lighting impacts would be less than significant. No mitigation is required.

Sources of glare as a result of the Proposed Project implementation include reflective building materials and vehicles parked within and traveling to and from the property. The amount of glare would depend on the location of the reflective surfaces and the direction of the sun. Any glare produced by the reflective surfaces would be temporary, as the location of the sun would be changing throughout the day. The Proposed Project is consistent with the City’s General Plan and Municipal Code. Therefore, impacts from glare would be less than significant. No mitigation required.

Sources:

1. Moreno Valley 2040 General Plan, adopted June 15, 2021.

2. Chapter 10 – Open Space & Resource Conservation
- Figure OSRC-3: Scenic resources and Ridgelines

3. Draft Environmental Impact Report MoVal 2040: Moreno Valley Comprehensive Plan Update, certified May 20, 2021.

4. Section 4.1 – Aesthetics

5. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code

6. Section 9.10.110 – Light and Glare of the Moreno Valley Municipal Code.

7. Chapter 9.16 – Design Guidelines

8. Cal trans: State Scenic Highway Map.

II. AGRICULTURE AND FOREST RESOURCES – In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest protocols adopted by the California Air Resources Board.

Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the California Resources Agency, to nonagricultural use? Response: No Impact
The California Department of Conservation, Farmland Mapping and Monitoring Program (FMMP) compile important farmland maps pursuant to the provisions of Section 65570 of the California Government Code. The maps are updated every two years using a computer F.2.a
Packet Pg. 2563 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 33 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
mapping system, aerial imagery, public review and field reconnaissance. According to the FMMP, the Project Site lies within “farmland of local importance and is surrounded by farmland of local importance and urban and built-up land”. However, much of this land has already been developed or is planned to be developed into various urban uses. The closest Prime Farmland to the Project Site is located approximately 2.8 miles north of the Project Site. Therefore, no Prime, Unique, or Farmland of Statewide Importance is located within the Project limits and no impact would result from the development of the Proposed Project. No mitigation is required. b) Conflict with existing zoning for agricultural use,
or a Williamson Act contract?
Response: No Impact
The California Land Conservation Act of 1965 – or commonly known as the Williamson Act, enables local governments to enter into contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space uses. In return, landowners are given a lower property tax assessment. The Project Site does not contain land that is enrolled in a Williamson Act contract. Additionally, according to the City of Moreno Valley’s Zoning Map, the Project Site is currently zoned for “Downtown Center (DC).” In addition, the surrounding area contained existing or planned suburban development, and the City has no agricultural land use designations in its General Plan or zoning. Due to the Project Site not part of a Williamson Act contract, nor is zoned for agricultural uses, no impact associated with this issue would occur. No mitigation is required. c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)), timberland
(as defined by Public Resources Code section
4526), or timberland zoned Timberland
Production (as defined by Government Code
section 51104(g))?
Response: No impact
The Project Site is currently vacant and undeveloped. The site does not contain any forest land, Timberland Production, nor is it zoned for such uses. Therefore, the Proposed Project would have no impact on forest land, timberland, or timberland zoned Timberland Production. No mitigation is warranted.
d) Result in the loss of forest land or conversion of
forest land to non-forest use?
Response: No Impact
As defined in Public Resources Code (PRC) Section 12220(g), “Forest land” is land that can support 10-percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits.

The Project Site and surrounding properties are not currently zoned, being managed, defined or used as forest land as identified in PRC Section 12220(g). Furthermore, the Project Site and surrounding area do not contain trees that would constitute urban forestry or any forest-related resources. Therefore, implementation of the Proposed Project would not convert forest land to non-forest use. No impacts are identified or anticipated, and no mitigation measures are required.

F.2.a
Packet Pg. 2564 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 34 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
e) Involve other changes in the existing
environment which, due to their location or
nature, could result in the conversion of
Farmland, to non-agricultural use or conversion
of forest land to non-forest use?
Response: No Impact
As noted above, the Project Site is currently vacant and is not utilized for agricultural production or timberland. Neither the Project Site nor adjacent facilities are being used for or zoned for farmland or forest land. Therefore, the development of the Proposed Project would not result in the conversion of farmland to non-agricultural use or forest land to non-forest uses. No impact to the conversion of agricultural lands or forest lands would occur. No mitigation is required.

Sources:

1. Moreno Valley General Plan, adopted June 15, 2021
• Chapter 7 – Conservation Element – Section 7.7 – Agricultural Resources

2. Final Environmental Impact Report City of Moreno Valley General Plan, certified May 20, 2021
• Section 5.8 – Agricultural Resources
- Figure 5.8-1 – Important Farmlands

3. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code III. AIR QUALITY – Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
Response: Less than Significant Impact
The Project Site is located in the South Coast Air Basin (SCAB). The South Coast Air Quality Management District (SCAQMD) has jurisdiction over air quality issues and regulations within the SCAB. The Air Quality Management Plan (AQMP) for the basin establishes a program of rules and regulations administered by SCAQMD to obtain attainment of the state and federal air quality standards. The most recent AQMP (2022 AQMP) was adopted by the SCAQMD on December 2, 2022. The 2022 AQMP incorporates the latest scientific and technological information and planning assumptions, including transportation control measures developed by the Southern California Association of Governments (SCAG) from the 2022 Regional Transportation Plan/Sustainable Communities Strategy, and updated emission inventory methodologies for various source categories.

A project is inconsistent with the AQMP if:
1) it does not comply with the approved general plan; or 2) it uses a disproportionately large portion of the forecast growth increment (change population or employment levels). The City of Moreno Valley currently designates the Project Site as Downtown Center (DC)under which the Proposed Project is an allowable use.

F.2.a
Packet Pg. 2565 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 35 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Additionally, large population or employment increases could affect transportation control strategies, which are among the most important in the air quality plan, since transportation is a major contributor to particulates and ozone for which the SCAB is not in attainment. Because the Proposed Project use has been considered in the City’s General Plan or does it include activities that would substantially change population or employment levels within the air basin, the Proposed Project would not conflict with or obstruct implementation of the applicable air quality plan.

Criteria for determining consistency with the AQMP are defined in Chapter 12, Sections 12.2 and 12.3 of the SCAQMD’s CEQA Air Quality Handbook (1993). These indicators are discussed below:

Consistency Criterion No. 1
The Proposed Project would not result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations or delay the timely attainment of air quality standards or the interim emissions reductions specified in the AQMP. The violations that Consistency Criterion No. 1 refers to are the California Ambient Air Quality Standards (CAAQS) and NAAQS. CAAQS and NAAQS violations would occur if regional or localized significance thresholds were exceeded. As emissions will not exceed the applicable thresholds, the Proposed Project is determined to be consistent with the first criterion.

Consistency Criterion No. 2
The Proposed Project would not exceed the assumptions in the AQMP based on the years of Project Site buildout phase. The 2022 AQMP demonstrates that the applicable ambient air quality standards can be achieved within the timeframes required under federal law. Growth projections from local general plans adopted by cities in the district are provided to the SCAG, which develops regional growth forecasts, which are then used to develop future air quality forecasts for the AQMP. Development consistent with the growth projections in the Moreno Valley GP is considered to be consistent with the AQMP.

Construction Impacts – Consistency Criterion
Peak day emissions generated by construction activities are largely independent of land use assignments, but rather are a function of development scope and maximum area of disturbance. Irrespective of the site’s land use designation, development of the site to its maximum potential would likely occur, with disturbance of the entire site occurring during construction activities.

Operational Impacts – Consistency Criterion 2
The Project Site is located within the City of Moreno Valley. As per the General Plan, the Project is designated as Planned Commercial (PC) within the Downtown Center (DC) zone. The Proposed Project would include an eight-island fueling station, a 7,460-sf convenience store mart, and a 1.790 sf drive through car wash. The proposed land uses are consistent with the General Plan designation. Therefore, the project is determined to be consistent with the second criterion.

F.2.a
Packet Pg. 2566 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 36 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
AQMP Consistency Conclusion
The Proposed Project would not result in or cause NAAQS or CAAQS violations. The Proposed Project is consistent with the land use and growth intensities reflected in the adopted in the GP.

Furthermore, the Proposed Project would not exceed any applicable regional or local thresholds. As such, the Proposed Project is therefore considered to be consistent with the AQMP and a less than significant impact is expected.
b) Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air quality
standard?
Response: Less than Significant Impact
Construction and operational emissions for the Project Site were screened using CalEEMod version 2022 (see Appendix A). The CalEEMod outputs were based on the Site Plan, which is a 1.31-acre lot that would be developed with a 7,460 sf convenience store, an eight island fueling station with a 5,979 sf canopy, and a 1,790 sf drive-thru car wash. The emissions incorporate Rule 402 and 403 by default as required during construction. The criteria pollutants screened for include reactive organic gases (ROG), nitrous oxides (NOx), carbon monoxide (CO), sulfur dioxide (SO2), and particulates (PM10 and PM2.5). Two of the analyzed pollutants, ROG and NOx, are ozone precursors. Both summer and winter season emission levels were estimated.

Construction Emissions
Construction emissions are considered short-term, temporary emissions and were modeled with the following construction parameters: site preparation, grading (fine and mass grading), building construction, paving, and architectural coating. Construction emissions were modeled with an anticipated beginning date in early 2024 and an estimated completion date in late 2024 for an early 2025 operational year. The resulting emissions generated by construction of the Proposed Project are shown in Table 3, which represent the maximum summer and winter construction emissions, respectively.

Table 3
CalEEMod 2022
Maximum Summer and Winter Construction Emissions
(Pounds per Day)
Source/Phase ROG NOX CO SO2 PM10 PM2.5
Summer Max 1.15 9.51 10.4 0.02 0.42 0.35
Winter Max 9.21 15.9 16.8 0.02 3.64 2.05
SCAQMD Threshold 75 100 550 150 150 55
Significant No No No No No No
Source: CalEEMod.2022 Winter and Summer Max Emissions.

Phases do not overlap and represent the highest concentration.

F.2.a
Packet Pg. 2567 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 37 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
As shown, both summer and winter season construction emissions are below SCAQMD thresholds. The Proposed Project does not exceed applicable SCAQMD regional thresholds during construction activities. Therefore, no significant adverse impacts are identified or anticipated, and no mitigation measures are required.

Compliance with SCAQMD Rules 402 and 403
Although the Proposed Project does not exceed SCAQMD thresholds for construction emissions, the Project Proponent would be required to comply with all applicable SCAQMD rules and regulations as the SCAB is in non-attainment status for ozone and suspended particulates (PM10 and PM2.5).

The Project Proponent would be required to comply with Rules 402 nuisance, and 403 fugitive dust, which require the implementation of Best Available Control Measures (BACMs) for each fugitive dust source, and the AQMP, which identifies Best Available Control Technologies (BACTs) for area sources and point sources. The BACMs and BACTs would include, but not be limited to the following:

1. The Project Proponent shall ensure that any portion of the site to be graded shall be pre-watered prior to the onset of grading activities (see Figures 4 and 6). (a) The Project Proponent shall ensure that watering of the site or other soil stabilization method shall be employed on an on-going basis after the initiation of any grading activity on the site. Portions of the site that are actively being graded shall be watered regularly (3x daily) to ensure that a crust is formed on the ground surface and shall be watered at the end of each workday. (b) The Project Proponent shall ensure that all disturbed areas are treated to prevent erosion until the site is constructed upon.
(c) The Project Proponent shall ensure that landscaped areas are installed as soon as possible to reduce the potential for wind erosion.
(d) The Project Proponent shall ensure that all grading activities are suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour.

During construction, exhaust emissions from construction vehicles and equipment and fugitive dust generated by equipment traveling over exposed surfaces would increase NOX and PM10 levels in the area. Although the Proposed Project does not exceed SCAQMD thresholds during construction, the Applicant/Contractor would be required to implement the following conditions as required by SCAQMD:

1. To reduce emissions, all equipment used in grading and construction must be tuned and maintained to the manufacturer’s specification to maximize efficient burning of vehicle fuel.

2. The Project Proponent shall ensure that existing power sources are utilized where feasible via temporary power poles to avoid on-site power generation during construction.

3. The Project Proponent shall ensure that construction personnel are informed of ride sharing and transit opportunities.

F.2.a
Packet Pg. 2568 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 38 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact

4. All buildings on the Project Site shall conform to energy use guidelines in Title 24 of the California Administrative Code.

5. The operator shall maintain and effectively utilize and schedule on-site equipment in order to minimize exhaust emissions from truck idling.

6. The operator shall comply with all existing and future California Air Resources Board (CARB) and SCAQMD regulations related to diesel-fueled trucks, which may include among others: (1) meeting more stringent emission standards; (2) retrofitting existing engines with particulate traps; (3) use of low sulfur fuel; and (4) use of alternative fuels or equipment.

Operational Emissions
The operational mobile source emissions were calculated using the CalEEMod (Version 2022) default mode at full buildout. Operational emissions are listed in Table 3 and Table 4, which represent summer and winter operational emissions, respectively.

Table 4
Summer Operational Emissions Summary
(Pounds per Day)
Source ROG NOX CO SO2 PM10 PM2.5
Mobile 10.5 8.18 73.1 0.17 14.3 3.72
Area 0.29 0.0 0.4 0.0 0.0 0.0
Energy 0.0 0.04 0.04 0.0 0.0 0.0
Totals (lbs./day) 10.8 8.22 73.5 0.17 14.3 3.72
SCAQMD Threshold 55 55 550 150 150 55
Significance No No No No No No
Source: CalEEMod 2022 Summer Emissions.

Emissions represent the daily maximum emissions.

Table 5
Winter Operational Emissions Summary
(Pounds per Day)
Source ROG NOX CO SO2 PM10 PM2.5
Mobile 9.7 8.76 62.8 0.16 14.3 3.72
Area 0.22 -- -- -- -- --
Energy 0.0 0.04 0.04 0.0 0.0 0.0
Totals (lbs./day) 9.93 8.8 62.8 0.16 14.3 3.72
SCAQMD Threshold 55 55 550 150 150 55
Significance No No No No No No
Source: CalEEMod 2022 Winter Emissions.

Emissions represent the daily maximum emissions.

As shown, both summer and winter season operational emissions are below SCAQMD thresholds. The Proposed Project does not exceed applicable SCAQMD regional thresholds during operational activities. Therefore, no significant adverse impacts are identified or anticipated, and no mitigation measures are required.

Therefore, because the Proposed Project does not exceed the SCAQMD Risk Thresholds, the Project would pose a less than significant impact and no further mitigations are required.

F.2.a
Packet Pg. 2569 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 39 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
c) Expose sensitive receptors to substantial
pollutant concentrations?
Response: Less than Significant Impact
A Tier 2 screening level Toxic Air Contaminant (TAC) Health Risk Assessment (HRA) Technical Memorandum was prepared by Ganddini Group, Inc. on April 28, 2023 (see Appendix B).

As determined in the California Building Industry Association v. Bay Area Air Quality Management District (2015) 62 Cal. 4th 369 (CBIA) case the California Supreme Court determined that CEQA does not generally require an impact analysis of the existing environmental conditions on the future residents of a proposed project and generally only requires an analysis of the proposed project’s impact on the environment. However, the CBIA case also stated that when a Proposed Project brings development and people into an area already subject to specific hazards and the new development/people exacerbate the existing hazards, then CEQA requires an analysis of the hazards and the proposed project’s effect in terms of increasing the risks related to those hazards. Regarding air quality hazards, TACs are defined as substances that may cause or contribute to an increase in deaths or in serious illness, or that may pose a present or potential hazard to human health. As such, if a Proposed Project would not exacerbate pre-existing hazards (e.g., TAC health risks) then an analysis of those hazards and the Proposed Project’s effect on increasing those hazards is not required.

The Project is proposing a fueling station in proximity to existing residential uses and would be a source of toxic air contaminants; therefore, an analysis of the potential toxic air contaminant emissions has been conducted.

Those who are sensitive to air pollution include children, the elderly, and people with preexisting respiratory or cardiovascular illnesses. For purposes of CEQA, the SCAQMD considers a sensitive receptor to be a location where a sensitive individual could remain for 24 hours, such as residences, hospitals, or convalescent facilities. Commercial and industrial facilities are not included in the definition because employees do not typically remain on-site for 24 hours.

The study identified that the closest sensitive receptors to the proposed service station include:
the single-family residential uses to the east of Oliver Street, located at a distance of approximately 141 feet (~43 meters) from the façade of the residential dwelling unit to the edge of the fueling canopy, and the single-family residential uses to the south, located approximately 219 feet (~67 meters) from the underground storage tanks; approximately 250 feet (~76 meters) from the edge of the fueling canopy.

The Fresenius Kidney Care Dialysis Center is located at 27420 Iris Avenue, approximately 530 feet (~161 meters) northwest of the corner of the fueling canopy and Kaiser Permanente Moreno Valley Medical Center is located at 27300 Iris Avenue, approximately 667 feet (~203 meters) northwest of the edge of the fueling canopy.

The closest commercial uses would be on-site at the proposed car wash and the proposed convenience store, both of which are located approximately 65 feet (~20 meters) from the edge of the fueling canopy. The fueling station portion of the Project would be permitted by SCAQMD.

Fuel-related emissions will be regulated by the SCAQMD Rule 461, and the facility would be required to obtain a Permit to Operate. Gasoline dispensing facilities are required to use Phase I/II EVR (enhanced vapor recovery) systems. Phase II EVR has an average efficiency F.2.a
Packet Pg. 2570 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 40 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
of 95.1 percent and Phase I EVR has an average efficiency of 98 percent. Therefore, potential for fugitive VOC or TAC emissions from the fuel pumps is negligible.

Assuming 5.04 million gallons per year of throughput for this fuel dispensing facility ( provided by Project applicant), using the SCAQMD Risk Assessment Procedures for Rules 1401, 1401.1 and 2126 and the SCAQMD Risk Tool (V1.105) R0409197 and a downwind distance of approximately 43 meters (the closest sensitive receptor location where an individual could remain for 24 hours), in the Perris area; the residential (Maximum Individual Cancer Risk) MICR for the closest residential receptor is 9.684 in a million. The commercial MICR at a distance of 20 meters is 1.452 in a million.

As the neither the residential cancer risk nor the commercial cancer risk exceeds 10 in a million, the project is not considered to be a significant source of TACs or fugitive VOC emissions and sensitive receptors in the project vicinity and the proposed commercial receptors would not be exposed to toxic sources of air pollution.

Additionally, as the MICR does not exceed SCAQMD thresholds at the closest receptors, any receptors located further away than the closest receptors would also not be exposed to significant TACs or fugitive VOC emissions. Therefore, the HRA found that the health risk impacts associated with the Proposed Project are considered to be less than significant, and no further analysis or mitigation is required.

Although no Mitigation Measures are required, the Proposed Project shall be required to adhere to:

Mitigation Measure: AQ-1 Compliance with SCAQMD Rules 402 and 403 Although the Proposed Project does not exceed SCAQMD thresholds for construction emissions, the Project Proponent would be required to comply with all applicable SCAQMD rules and regulations as the SCAB is in non-attainment status for ozone and suspended particulates (PM10 and PM2.5).

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
(3x daily) to ensure that a crust is formed on the ground surface and shall be watered at the end of each workday.
(b) The Project Proponent shall ensure that all disturbed areas are treated to prevent erosion until the site is constructed upon.
(c) The Project Proponent shall ensure that landscaped areas are installed as soon as possible to reduce the potential for wind erosion.
(d) The Project Proponent shall ensure that all grading activities are suspended during first and second stage ozone episodes or when winds exceed 25 miles per hour.

1. To reduce emissions, all equipment used in grading and construction must be tuned and maintained to the manufacturer’s specification to maximize efficient burning of vehicle fuel.

2. The Project Proponent shall ensure that existing power sources are utilized where feasible via temporary power poles to avoid on-site power generation during construction.

3. The Project Proponent shall ensure that construction personnel are informed of ride sharing and transit opportunities.

4. All buildings on the Project Site shall conform to energy use guidelines in Title 24 of the California Administrative Code.

5. The operator shall maintain and effectively utilize and schedule on-site equipment in order to minimize exhaust emissions from truck idling.

6. The operator shall comply with all existing and future California Air Resources Board (CARB) and SCAQMD regulations related to diesel-fueled trucks, which may include among others: (1) meeting more stringent emission standards; (2) retrofitting existing engines with particulate traps; (3) use of low sulfur fuel; and (4) use of alternative fuels or equipment.

Impacts associated with the Proposed Project potentially generating substantial pollutant concentrations are considered to be less than significant, and no further analysis or mitigation is required
d) Result in other emissions (such as those leading
to odors adversely affecting a substantial
number of people?
Response: Less than Significant Impact
The Proposed Project includes the development of a Beyond Food Mart, carwash, and fueling station. The nearest sensitive receptors to the Project Site are the residences in the neighborhood to the south and east, adjacent to Iris Avenue and Oliver Street. Potential odor sources associated with the Proposed Project may result from construction equipment exhaust F.2.a
Packet Pg. 2572 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 42 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
and the application of asphalt and architectural coatings during construction activities as well as the temporary storage of domestic solid waste associated with the Proposed Project’s longterm operational uses. Standard construction requirements would minimize odor impacts resulting from construction activity. It should be noted that any construction odor emissions generated would be temporary, short-term, and intermittent in nature and would cease upon completion of the respective phase of construction activity. Potential sources that may emit odors during the on-going operations of the Proposed Project would include odor emissions from the intermittent delivery truck emissions and trash storage areas. It is expected that Project-generated refuse would be stored in covered containers and removed at regular intervals in compliance with solid waste regulations. The Proposed Project would also be required to comply with SCAQMD Rule 402 to prevent occurrences of public nuisances related to odors. Therefore, a less than significant adverse impacts are identified or are anticipated, and no mitigation measures are required.

Sources:

1. CalEEMod 2022 Outputs.

2. Moreno Valley General Plan, adopted June 15, 2021

3. Final Environmental Impact Report City of Moreno Valley General Plan, certified July 11, 2006
• Section 5.3 – Air Quality

4. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code • Section 9.10.050 – Air Quality of the Moreno Valley Municipal Code • Section 9.10.150 – Odors of the Moreno Valley Municipal Code • Section 9.10.170 – Vibration of the Moreno Valley Municipal Code

5. Moreno Valley Municipal Code Section 12.50.040 – Limitations on Engine Idling IV. BIOLOGICAL RESOURCES – Would the project:
a) Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or special
status species in local or regional plans,
policies, or regulations, or by the California
Department of Fish and Game or U.S. Fish and
Wildlife Service?
Response: Less than Significant with Mitigation Incorporated A Biological Resources Assessment (BRA), Jurisdictional Delineation, and Multiple Species Habitat Conservation Plan (MSHCP) Consistency Analysis prepared for the Proposed Project by Jennings Environmental, LLC dated February 2023 is summarized herein (see Appendix C).

As part of the BRA, Jennings Environmental, LLC (Jennings) conducted a background data search for information on plant and wildlife species known occurrences within the vicinity of the Project Site. Jennings evaluated the Project Site in relation to the Western Riverside County MSHCP areas including criteria cells, core habitat, linkages, and areas proposed for conservation. The data review included biological text on general and specific biological resources, and resources considered to be sensitive by various wildlife agencies, local government agencies and interest groups. The Biology Resources Assessment states that according to the California National Diversity Database (CNDDB), the California Native Plant Society Inventory of Rare and Endangered Plants (CNPSIE), and other relevant literature or databases, 47 sensitive species including 10 listed species, and 1 sensitive habitat, have been F.2.a
Packet Pg. 2573 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 43 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
documented in the Sunnymead and Perris quads. This list of sensitive species and habitats includes any State and/or federally listed threatened or endangered species, the CDFW designated Species of Special Concern (SSC), and otherwise Special Animals.

A general reconnaissance survey was conducted on January 29, 2023, to identify the potential for the occurrence of special status species, vegetation communities, or habitats that could support special status wildlife species. Below are the findings.

Flora
The habitat on-site consists of a mix of ruderal vegetation and bare ground. The Project Site shows signs of recent vegetation management in the form of mowing and disking. The plant species observed on-site include Tumble weed (Salsola tragus), London rocket (Sisymbrium irio), Menzie’s fiddleneck (Amsinckia menziesii), Wall barley (Hordeum murinum), Stinknet (Oncosiphon pilulifer), Common stork’s bill (Erodium cicutarium), Schismus grass (Schismus spp.), and Slender wild oat (Avena barbata). Among the documented vegetation species, no State and/or federally listed threatened or endangered species were observed on-site.

Fauna
Species observed or otherwise detected on or in the vicinity of the Project Site during the surveys included white-crowned sparrow (Sayornis nigricians), black phoebe (Sayornis nigricans), and house finch (Haemorhous mexicanus).

Based on the January 2023 field survey, the Project Site does not contain suitable habitat for Burrowing owl (Athene cunicularia). The property is continually maintained by mowing or disking. No burrowing owls were observed during the site visit. No portion of the Project Site showed any evidence including burrows, feathers, whitewash, or castings, of past or present burrowing owl activity. Additionally, the Project Site does not contain suitable burrow surrogate species (i.e., California ground squirrel (Otospermophilus beecheyi). Therefore, the Project Site is not suitable for burrowing owl, and this species is considered absent from the Project Site.

Portions of the Project Site and the immediate surrounding area do provide suitable habitat for nesting birds. There are mature trees in the adjacent neighborhoods and the vacant lands provide suitable habitat for other ground nesting species such as killdeer (Charadrius vaciferus). Therefore, potentially significant impacts could occur if construction occurs during the nesting season. Implementation of Mitigation Measure BIO-1 would mitigate any potentially significant impacts.

Mitigation Measure BIO 1: Migratory Bird Treaty Act.

Nesting bird nesting season generally extends from February 1 through September 15 in southern California and specifically, March 15 through August 31 for migratory passerine birds. To avoid impacts to nesting birds (common and special status) during the nesting season, a qualified Avian Biologist will conduct pre-construction Nesting Bird Surveys (NBS) prior to Project-related disturbance to nestable vegetation to identify any active nests. If no active nests are found, no further action will be required. If an active nest is found, the biologist will set appropriate no-work buffers around the nest which will be based upon the nesting species, its sensitivity to disturbance, nesting stage, and expected types, intensity, and duration of the disturbance. The nests and buffer zones shall be field-checked weekly by a qualified biological monitor. The approved no-work buffer zone shall be clearly marked F.2.a
Packet Pg. 2574 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 44 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
in the field, within which no disturbance activity shall commence until the qualified biologist has determined the young birds have successfully fledged and the nest is inactive.

The Project Site is not mapped within a criteria cell or subunit of the Multiple Species Habitat Conservation Plan (MSHCP). The Project Site is not located within an area mapped for Narrow Endemic Plant Species, Special Status Species, or protected habitats. The site is mapped within an area for Criteria Area Species Surveys for burrowing owl. However, as stated above this species is considered absent from the Project Site. Therefore, the project is consistent with MSCHP policies and conditions. The Project Site is also not located with or adjacent to any USFWS designated Critical Habitat.

With the implementation of mitigation measure BIO 1, any potential impacts to candidate, sensitive, listed, or special status species, particularly nesting birds, can be reduced to a less than significant level.
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of
Fish and Game or U.S. Fish and Wildlife
Service?
Response: Less than Significant Impact
The Project Site is relatively flat, with mixed ruderal vegetation and bare ground. The MSHCP Consistency analysis states, the Project Site is not located within an area mapped for sensitive habitats including Narrow Endemic Plants, Special Status Species, Riparian, Riverine, or Vernal Pools. The Biological Resources Assessment states that the National Wetlands Inventory (NWI) maps did not identify the Project Site containing Riverine or Riparian habitat.

The Project Site does not contain hydric vegetation, hydric soils, or wetland hydrology. In order to be classified as a wetland, all three criteria must be present within the Project Site.

Additionally, no MSHCP Narrow Endemic Plant species are known to occur in the Project area.

Therefore, because the Project Site does not contain any riparian habitat, or other sensitive natural community that conflicts with the USFWS or MSCHP, potential impacts are considered less than significant. No mitigation is required.
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruption, or other means?
Response: No Impact
The Project Site is currently vacant and is currently surrounded by residential and commercial uses. No federal jurisdictional waters, wetlands, and/or streambeds regulated by the CDFW were identified within the Project area. Additionally, as previously stated, the Project Site does not contain hydric soil, hydric vegetation, wetland hydrology, or any habitats such as Riparian, Riverine, or Vernal Pools. Therefore, the Proposed Project would have no impact on, Waters of the U.S., or Waters of the State.

F.2.a
Packet Pg. 2575 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 45 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife
species or with an established native resident or
migratory wildlife corridors, or impede the use of
native wildlife nursery sites?
Response: No Impact
The Project Site is currently vacant and is surrounded by residential and institutional uses. The Proposed Project would not affect wildlife movement, since the parcel is surrounded by urban development and species associated with urban environments are able to navigate these areas. Additionally, according to the California Essential Habitat Connectivity Project, the Project Site is not mapped within an area for aquatic or terrestrial wildlife movement. Therefore, the Proposed Project would not have an impact on any current wildlife corridors. e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
Response: Less than Significant Impact
The Project Site is composed of mixed ruderal vegetation and bare ground and does not contain any protected endemic habitats. Additionally, there are no trees are on the Project Site; hence, the Proposed Project would not conflict with the City of Moreno Valley Municipal Code Section

9.17.030 E – Heritage Trees, which preserves any native mature trees within the City.

Therefore, the Proposed Project would not interfere with any local policies or other ordinances protecting biological resources and impacts would be less than significant. No mitigation is required.
f) Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural Community
Conservation Plan, or another approved local,
regional, or state habitat conservation plan?
Response: Less than Significant Impact
As indicated previously, the Project Site is located within the MSHCP; however, it is not an area mapped within a criteria cell or subunit for Narrow Endemic Plant Species, Special Status Species, Riparian, Riverine, Vernal Pools, or Urban/Wildlife Interface. The Project Site is mapped within an area for Criteria Area Species Surveys for burrowing owl; however, the BRA determined that this species is considered absent from the area. Therefore, the Proposed Project is consistent with MSHCP policies and conditions.

There are no streams, channels, washes, or swales that meet the definitions of Section 1600 of the State of California Fish and Game Code (FGC) under the jurisdiction of the CDFW, Section 401 (“Waters of the State” ) of the Clean Water Act (CWA) under the jurisdiction of the Regional Water Quality Control Board (RWQCB), or “Waters of the United States” (WoUS) as defined by Section 404 of the CWA under the jurisdiction of the U.S. Army Corps of Engineers (Corps) within the subject parcel. Therefore, no permit from any regulatory agency would be required and the Proposed Project would have a less than significant impact on surrounding land uses. No mitigation is required.

F.2.a
Packet Pg. 2576 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 46 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Sources:

1. Biological Resources Assessment, Jurisdictional Delineation, and Multiple Species Habitat Conservation Plan (MSHCP) Consistency Analysis. Jennings Environmental, LLC. February 2023.

2. Moreno Valley General Plan, adopted June 15, 2021
• Chapter 7 – Conservation Element – Section 7.1 – Biological Resources

3. Final Environmental Impact Report City of Moreno Valley General Plan, certified May 20,2021
• Section 4.4 – Biological Resources

4. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code • Section 9.17.030 G – Heritage Trees

5. Moreno Valley Municipal Code Chapter 8.60 – Threatened and Endangered Species

6. Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), http://www.wrc-rca.org/about-rca/multiple-species-habitat-conservation-plan/

7. Stephens’ Kangaroo Rat Habitat Conservation Plan (SKRHCP), Governing Documents | RCHCA, CA
V. CULTURAL RESOURCES – Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to
§15064.5?
Response: Less than Significant Impact
A Phase I Cultural Resources Assessment of Master Plot Plan No. PEN22-0238 and Conditional Use Permit No. PEN 22-0176, dated April 2023, was conducted by a Cultural Resources Consultant, Jean A. Keller (see Appendix D) and is summarized herein. A records search was provided by the Eastern Information Center on March 29, 2023, indicating that the subject property had been involved in one previous cultural resources study, conducted in 2017 by LSA. Entitled “Cultural Resources Assessment, Sater Arco Project, City of Moreno Valley, Riverside County, California” (RI- 10128), the study included the entirety of what is now PEN22- 0238 and PEN22-0176. During the course of the field survey, a single isolated artifact of historical origin, P-33-027260, was recorded approximately 130 feet northwest of the intersection of Iris Avenue and Oliver Road. The artifact was a fragment of a pre-WWII riveted steel irrigation pipe. The report determined that isolated artifacts, particularly those of historicperiod origin that have no specific association are generally considered not significant and therefore, are not “historical resources” under the California Environmental Quality Act (CEQA).

The artifact was left in situ, or its original place and no further research was recommended.

Archival research indicated that a house and stable were built on the subject property in 1894, by Marion Heacock Hotchkiss, a member of one of the founding families of Moreno Valley.

Although Marion Hotchkiss sold the subject property in 1899, the structures remained on the property until at least 1939, the last year they were assessed by the Riverside County Assessor.

However, cartographic research indicates that at least one structure was located at the southeastern corner of the Project Site until 1978. No structural remains were observed during the current field survey.

Therefore, because there are no structures within the Project Site and the remaining historical artifact is not considered significant, the Project Site would not significantly degrade any historical resources pursuant to §15064.5.

F.2.a
Packet Pg. 2577 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 47 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
b) Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to §15064.5?
Response: Less than Significant with Mitigation Incorporated The Project Site is located in a well-studied area, with 11 previous cultural resources studies having been conducted within a one-mile radius, most of which have large acreage. During the course of these studies, 22 cultural resources properties have been recorded, one of which was located on the Project Site. With the exception of the isolated historical-era artifact found on the Project Site, all of the remaining sites are Native American bedrock milling sites, although one site also has a small rock shelter and midden. No significant archaeological sites have been recorded in less than a one-half mile radius of the subject property. However, due to the existence of a historical artifact on the Project Site, the presence of another irrigation feature off property, and the number of Native American milling sites within a one mile radius, part-time archaeological monitoring during grading activities is recommended as described in Mitigation Measure CUL-1.

Mitigation Measure CUL-1:

Prior to the issuance of a grading permit, the Developer shall retain a professional archaeologist to conduct monitoring of all mass grading and trenching activities. The Project Archaeologist shall have the authority to temporarily redirect earthmoving activities in the event that suspected archaeological resources are unearthed during Project construction.

The Project Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a Cultural Resources Management Plan (CRMP) in consultation pursuant to the definition in AB52 to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the project site. A consulting tribe is defined as a tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB52 consultation process, and has completed AB 52 consultation with the City as provided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include:
a. Project grading and development scheduling;
b. The Project archeologist and the Consulting Tribes(s) as defined in CR-1 shall attend the pre-grading meeting with the City, the construction manager and any contractors and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance. The Training will include a brief review of the cultural sensitivity of the Project and the surrounding area; what resources could potentially be identified during earthmoving activities; the requirements of the monitoring program; the protocols that apply in the event inadvertent discoveries of cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols. All new construction personnel that will conduct earthwork or grading activities that begin work on the Project following the initial Training must take the Cultural Sensitivity Training prior to beginning work and the Project archaeologist and Consulting Tribe(s) shall make themselves available to provide the training on an as needed basis;
c. The protocols and stipulations that the contractor, City, Consulting Tribe(s), and Project archaeologist will follow in the event of inadvertent cultural resources discoveries, F.2.a
Packet Pg. 2578 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 48 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
include any newly discovered cultural resource deposits that shall be subject to a cultural resource evaluation.

With the implementation of Mitigation Measure CUL-1, the Proposed Project would have a less than significant impact on historic or archaeological resources within the Project Site and surrounding land uses.
c) Disturb any human remains, including those
interred outside of formally dedicated
cemeteries?
Response: Less than Significant with Mitigation Incorporated California Health and Safety Code §7050.5, Public Resources Code § 5097.98, and § 15064.5 of the California Code of Regulations (CEQA Guidelines) mandate procedures to be followed, including that, if human remains are encountered during excavation, all work must halt, and the County Coroner must be notified (Section 7050.5 of the California Health and Safety Code).

The coroner will determine whether the remains are of forensic interest. If the coroner, with the aid of the supervising archaeologist, determines that the remains are prehistoric, the coroner will contact the Native American Heritage Commission (NAHC).

With the implementation of Mitigation Measure CUL-1, the Proposed Project would have a less than significant impact on the disturbance on any human remains, including those interred outside of formally dedicated cemeteries.

The NAHC will be responsible for designating the most likely descendant (MLD) responsible for the ultimate disposition of the remains, as required by Section 5097.98 of the Public Resources Code. The MLD should make his/her recommendations within 48 hours of their notification by the NAHC. This recommendation may include:
a. the nondestructive removal and analysis of human remains and items associated with Native American human remains;
b. preservation of Native American human remains and associated items in place; c. relinquishment of Native American human remains and associated items to the descendants for treatment; or
d. other culturally appropriate treatment. Section 7052 of the Health & Safety Code also states that disturbance of Native American cemeteries is a felony. With adherence to these existing regulations impacts would be less than significant.

Sources:

1. Phase I Cultural Resources Assessment. Jean A. Keller. April 2023.

2. Moreno Valley General Plan, adopted June 15, 2021
• Chapter 7 – Conservation Element – Section 7.2 – Cultural and Historical Resources

3. Final Environmental Impact Report City of Moreno Valley General Plan, certified July 11, 2006
• Section 5.10 – Cultural Resources

4. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code

5. Moreno Valley Municipal Code Title 7 – Cultural Preservation

6. Cultural Resources Inventory for the City of Moreno Valley, Riverside County, California, prepared by Daniel F. McCarthy, Archaeological Research Unit, University of California, F.2.a
Packet Pg. 2579 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 49 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Riverside, October 1987 (This document cannot be provided to the public due to the inclusion of confidential information pursuant to Government Code Section 6254.10.) VI. ENERGY – Would the project:
a) Result in potentially significant environmental
impact due to wasteful, inefficient, or
unnecessary consumption of energy resources,
during project construction or operation?
Response: Less than Significant Impact
Electricity
Southern California Edison (SCE) currently provides electrical service to the Project area. The demand for electricity associated with the Proposed Project would be for operation of the convenience store, carwash, and fueling station. In 2021, the Commercial sector of the Southern California Edison planning area consumed 5965.998733 GWh of electricity. Based on the CalEEMod 2022 emission output tables for the Proposed Project, the estimated electricity demand is 0.312242 GWH (refer Air Quality Report). The Proposed Project’s estimated annual electricity consumption compared to the 2020 annual electricity consumption of the overall Industry Sector in the SCE Planning Area would account for approximately

0.0052337 percent of total electricity consumption. Total electricity demand in SCE’s service area is estimated to increase by approximately 12,000 GWh between the years 2015 and 2026.

The increase in electricity demand from the Proposed Project is insignificant compared to the projected electricity demand within SCE’s service area. Furthermore, the project design and materials would comply with the applicable Building Energy Efficiency Standards. Prior to issuance of a building permit, the City of Moreno Valley shall review and verify that the project plans demonstrate compliance with the current version of the Building Energy Efficiency Standards. The Proposed Project would also be required to adhere to CALGreen, which establishes planning and design standards for sustainable site development, and energy efficiency. No significant adverse impacts are identified or are anticipated, and no mitigation measures are required.

Natural Gas
Southern California Gas Company currently provides natural gas service to the project area. In 2021, the Commercial sector of the Southern California Gas Company planning area consumed

98.293612 million therms of natural gas. Based on the CalEEMod emission output tables for the Proposed Project, the estimated natural gas demand is 1,552.59 therms of natural gas per year. The Proposed Project’s estimated annual natural gas consumption compared to the 2020 annual natural gas consumption of the overall Industry Sector in the Southern California Gas Company Planning Area would account for approximately 0.0015795 percent of total natural gas consumption. No significant adverse impacts are identified or are anticipated, and no mitigation measures are required.

In summary, the construction and operation of the Proposed Project would not result in the inefficient, wasteful, or unnecessary use of energy. Impacts associated with energy use would be less than significant and no mitigation is required.

F.2.a
Packet Pg. 2580 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 50 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
Response: Less than Significant Impact
The California Title 24 Building Code contains energy efficiency standards for residential buildings. These standards address electricity and natural gas efficiency in lighting, water, heating, and air conditioning, as well as the effects of the building envelopes (e.g., windows, doors, walls and roofs, etc.) on energy consumption. As described previously, the Project would comply with the Title 24 California Green Building Standards. Since the Proposed Project would comply with applicable State standards, the Project would not conflict with nor obstruct a state or local plan adopted for the purposes of increasing the amount of renewable energy or energy efficiency. Therefore, this impact would be less than significant, and no mitigation is required.

Sources:

1. Moreno Valley General Plan, adopted June 15, 2021
• Chapter 7 – Conservation Element – Section 7.6 – Energy Resources

2. Final Environmental Impact Report City of Moreno Valley General Plan, certified May 20, 2021

3. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code

4. https://ecdms.energy.ca.gov/Default.aspx. Accessed June 2023.

VII. GEOLOGY AND SOILS – Would the project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer to
https://www.conservation.ca.gov/cgs/Document
s/SP_042.pdf
Response: Less than Significant Impact
The Project Site is located within the Peninsular Range Geomorphic Province, an area characterized by active northeast trending strike slip faults, including the San Jacinto Fault and the Elsinore Fault. The Project Site is not located within the boundaries of an Earthquake Fault Zone as defined by the Alquist Priolo Earthquake Fault Zoning Act of 1972 (California Geological Survey 2005). There are no known active or potentially active faults that traverse the Project Site and the risk of ground rupture due to a fault displacement beneath the site is low. The closest known fault is the San Jacinto-San Jacinto Valley (San Bernardino) Fault zone approximately 4.1 miles northeast of the Project Site. Therefore, impacts related to earthquake faults would be less than significant. No mitigation is required. ii) Strong seismic ground shaking?
Response: Less than Significant Impact
Like all of Southern California, the Project Site will continue to be subject to ground shaking generated from activity on local and regional faults. In addition, the site lies in relatively close proximity to an active fault; therefore, during the life of the proposed improvements, the property F.2.a
Packet Pg. 2581 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 51 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
will probably experience similar moderate to occasionally high ground shaking from these fault zones, as well as some background shaking from other seismically active areas of the Southern California region. However, the design and construction in accordance with the current California Building Code (CBC) requirements is anticipated to address the issues related to potential ground shaking. With the implementation of California Building Code (CBC) requirement, seismic-related impacts would be less than significant. No mitigation is required. iii) Seismic-related ground failure, including
liquefaction?
Response: Less than Significant Impact
Liquefaction describes the phenomenon where loosely packed or waterlogged fine-grained sediments near or at the ground surface lose their strength in response to strong ground shaking. There are three basic factors that must exist concurrently in order for liquefaction to occur. These factors include:
- A source of ground shaking, such as an earthquake, capable of generating soil mass distortions;
- A relatively loose silty and/or sandy soil; and
- A relatively shallow groundwater table (within approximately 50 feet below ground surface) or completely saturated soil conditions that will allow positive pore pressure generation.

A Preliminary Geotechnical Engineering Investigation, prepared by Salem Engineering Group, Inc., November 30, 2017 is on-file with the City and is summarized herein. According to the Geotechnical Report, the Project Site is not located within a liquefaction zone. Considering the granular nature of the existing subsoils, along with the absence of groundwater within 50 feet of the surface, potential susceptibility for liquefaction due to an earthquake is considered unlikely. Therefore, a less than significant impact related to this issue would occur. No mitigation is required.
iv) Landslides?
Response: Less than Significant Impact
The geologic and topographic characteristics of an area, often determine its potential for landslides. Steep slopes, the extent of erosion, and the rock composition of a hillside all contribute to the potential for slope failure and landslide events. In order to fail, unstable slopes typically need to be disturbed; the common triggering mechanisms of slope failure include undercutting of slopes by erosion or grading, saturation of marginally stable slopes by rainfall or irrigation, and shaking of marginally stable slopes during earthquakes. According to the Geotechnical Report the Project Site is not located in an area that is susceptible to landslides.

The Upland Game Hunting Area is located approximately 0.4 mile south of the site, which has the potential for landslides. However, the Proposed Project would be required to adhere to applicable regulations regarding the City’s Building Ordinance. With the use of these safety regulations, the potential for landslides to occur within the Project Site is considered to be low.

Therefore, the impacts related to landslides would be less than significant. No mitigation is required.

F.2.a
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
b) Result in substantial soil erosion or the loss of
topsoil?
Response: Less than Significant
The Project Site is underlain by a mix of Gorgonio loamy sand and Hanford coarse sandy loam.

Prior to the issuance of grading permits, the Project proponent would be required to prepare and submit detailed grading plans for the Project Site. These plans must be prepared in conformance with applicable standards of the City’s Grading Ordinance.

Construction activities associated with the development of the Proposed Project would expose underlying soils, thus increasing their susceptibility to erosion until the Project is fully developed.

Development of the site would involve more than one acre of ground disturbance; therefore, the proposed project is required to obtain a National Pollutant Discharge Elimination System (NPDES) permit. A Storm Water Pollution Prevention Plan (SWPPP) would also be required to address erosion and discharge impacts associated with the proposed onsite grading by implementing appropriate best management practices (BMPs). Adherence to the BMPs contained in the SWPPP would ensure that the potential for soil erosion impacts would be reduced to less than significant with mitigation incorporated levels by implementation of existing water quality regulations. No mitigation is required.
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in onor off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
Response: Less than Significant
Subsidence is the sudden sinking or gradual downward settling of the earth’s surface with little or no horizontal movement. Subsidence is caused by a variety of activities, which include, but are not limited to, withdrawal of groundwater, pumping of oil and gas from underground, the collapse of underground mines, liquefaction, and hydro compaction. The Project Site is generally flat and gently slopes down to the northwest. Onsite soils primarily consist of upper 3 to 4 feet of dry, loose and compressible silty fine sand, overlying gravelly fine to medium coarse sand of moderate consistency with scattered rock fragments and rocks. Due to the absence of groundwater within 50-feet and the relatively flat site topography, the potential susceptibility for onsite soil liquefaction and lateral spreading due to an earthquake is considered low.

No structural fills and/or load bearing foundations and concrete slabs should be constructed bearing directly on the surface soils currently existing on the Project Site. The Project Site is not located within an area that is susceptible to landslides. The Proposed Project would be required to adhere to applicable regulations ensuring building safety and a Final geotechnical report shall be prepared and approved by the City Engineer. Therefore, the impacts would be less than significant. No mitigation is required.

F.2.a
Packet Pg. 2583 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 53 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
(1994), creating substantial direct or indirect
risks to life or property?
Response: Less than Significant
Expansive soils are fine-grained silts and clays which are subject to swelling and contracting.

The swelling and contracting is due to the amount of fine-grained clay materials present in the soils and the amount of moisture either introduced or extracted from the soils. According to the Soils Feasibility Study,13 onsite soils are considered non-expansive. Additionally, approval of a Final Geotechnical and Soils Report ensure impacts related to soils are reduced to less than significant levels. No mitigation is required.
e) Have soils incapable of adequately supporting
the use of septic tanks or alternative waste
water disposal systems where sewers are not
available for the disposal of waste water?
Response: No Impact
The Proposed Project would connect to existing sewer main lines adjacent to the Project Site.

The Proposed Project would not use septic tanks or other alternative wastewater disposal system. Therefore, the development of the project would have no impact related to this issue.

No mitigation measures are required.
f) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
Response: Less than Significant with Mitigation Incorporated The Project Site contains Alluvial Fan Deposits which consist of unconsolidated gravel, sand, and silt. Cobble- and boulder-size clasts are also present and become more abundant closer to the hills and mountains. These sediments were eroded from higher elevations, carried by flooding streams and debris flows, and deposited in a fan or lobe shape at the base of the hills.1 Based on the geology of the site, construction of the Proposed Project would not impact, either directly or indirectly, any known unique paleontological resource or site of unique geologic features. Given the site’s history of disturbance, the potential for undiscovered paleontological or geological resources is considered low.2 However, ground-disturbing activities at the Project Site still have the potential to disturb previously unknown resources. With implementation of Mitigation Measure GEO-1, a less than significant impact to paleontological resources would occur.

Mitigation Measure GEO-1:

If paleontological resources (fossils) are discovered during Project grading, work will be halted in that area until a qualified paleontologist can be retained to assess the significance of the find. The Project paleontologist shall monitor remaining earthmoving activities at the Project Site and shall be equipped to record and salvage fossil resources that may be 1 USDA Natural Resources Conservation Service (NRCS) Web Soil Survey (USDA 2023) 2 Phase I Cultural Resources Assessment prepared by Jean A. Keller, April 2023.

F.2.a
Packet Pg. 2584 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 54 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
unearthed during grading activities. The paleontologist shall be empowered to temporarily halt or divert grading equipment to allow recording and removal of the unearthed resources.

Any fossils found shall be evaluated in accordance with the CEQA Guidelines and offered for curation at an accredited facility approved by the City of Moreno Valley. Once grading activities have ceased or the paleontologist determines that monitoring is no longer necessary, monitoring activities shall be discontinued. This measure shall be implemented to the satisfaction of the City Planning Division.

Sources:

1. Preliminary Geotechnical Engineering Investigation, Salem Engineering Group, Inc., November 30, 2017.

2. USDA Natural Resources Conservation Service (NRCS) Web Soil Survey (USDA 2023).

3. Phase I Cultural Resources Assessment prepared by Jean A. Keller, April 2023.

4. Moreno Valley General Plan, adopted June 15, 2021
• Chapter 6 – Safety Element – Section 6.5 – Geologic Hazards • Chapter 7 – Conservation Element – Section 7.4 -- Soils

5. Final Environmental Impact Report City of Moreno Valley General Plan, certified May 20, 2021

6. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code

7. Moreno Valley Municipal Code Chapter 8.21 – Grading Regulations

8. Local Hazard Mitigation Plan, City of Moreno Valley Fire Department, adopted October 4, 2011, amended 2017, http://www.moval.org/city_hall/departments/fire/pdfs/haz-mitplan.pdf • Chapter 4 – Earthquake
• Chapter 8 – Landslide

9. Emergency Operations Plan, City of Moreno Valley, March 2009, http://www.moval.org/city_hall/departments/fire/pdfs/mv-eop-0309.pdf VIII. GREENHOUSE GAS EMISSIONS – Would the project:
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a significant
impact on the environment?
Response: Less than Significant Impact
The City adopted the Moreno Valley Climate Action Plan (CAP) in June 2021. The CAP is designed to reinforce the City’s commitment to reducing greenhouse gas (GHG) emissions and demonstrate how the City will comply with State of California’s GHG emission reduction standards. As a Qualified GHG Reduction Strategy, the CAP will also enable streamlined environmental review of future development projects, in accordance with the California Environmental Quality Act (CEQA).

However, the City of Moreno Valley has not adopted its own numeric threshold of significance for determining impacts with respect to Greenhouse Gas (GHG) emissions. A screening threshold of 3,000 MTCO2e/yr. was therefore utilized to determine if additional analysis is required for the Proposed Project).

F.2.a
Packet Pg. 2585 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 55 City of Moreno Valley Construction Activity GHG Emissions
Project construction activities would generate CO2 and CH4 emissions. As discussed in the Air Quality Impact Analysis, Construction related emissions are expected from the following construction activities:
• Site Preparation
• Grading
• Building Construction
• Paving
• Architectural Coating
Construction was expected to commence in January 2024 and be operational in 2025. The analysis represents a worst-case scenario, as GHG emissions improve over time due to the introduction of new technologies and larger vehicle fleets utilizing energy sources alternative to fossil fuels. For construction phase Project emissions, GHGs are quantified and amortized over the life of the Project. To amortize the emissions over the life of the Proposed Project, the SCAQMD recommends calculating the total GHG emissions for the construction activities, dividing it by a 30-year Project life then adding that number to the annual operational phase GHG emissions. As such, construction emissions were amortized over a 30-year period and added to the annual operational phase GHG emissions. The amortized construction emissions are presented in Table 6.

Table 6
Greenhouse Gas Construction Emissions
(Metric Tons per Year)
Source/Phase CO2 CH4 N20 R1
2024 Annual Max 1,286 0.14 0.08 319
Total MTCO2e 1,632
Construction Amortized over 30
years

6.7 Source: CalEEMod 2022 Annual Emissions.

Operational GHG Emissions
Operational activities associated with the Project will result in emissions of CO2, CH4, and N2O from the following primary sources:
• Area Source Emissions
• Energy Source Emissions
• Mobile Source Emissions
• Water Supply, Treatment, and Distribution
• Solid Waste
The annual GHG emissions associated with the operation of the proposed Project are summarized in Table 7. As shown, the Project would generate approximately 1,632 MTCO2e/yr.

F.2.a
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Table 7
Greenhouse Gas Operational Emissions
(Metric Tons per Year)
Source/Phase CO2 CH4 N20 R1
Mobile 1,212 0.1 0.08 1.99
Area 0.19 0.0 0.0 --
Energy 72.4 0.01 0.0 --
Water 0.67 0.0 0.0 --
Waste 0.3 0.03 0.0 --
Refrigeration -- -- -- 317
Construction Amortized 30 Years 6.7
Total MTCO2e 1,632
County Screening Threshold 3,000
Significant No
Source: CalEEMod 2022 Annual Emissions.

As depicted in Tables 6 and 7, the Proposed Project would result in a net total of approximately 1,632 MTCO2/yr. The Proposed Project would not exceed the SCAQMD/City’s screening threshold of 3,000 MTCO2e/yr. Thus, the Proposed Project would not have the potential to result in a cumulatively considerable impact with respect to GHG emissions. A less than significant impact is anticipated and no mitigation is required. b) Conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing
the emission of greenhouse gases?
Response: Less than Significant Impact
Pursuant to 15604.4 of the CEQA Guidelines, a lead agency may rely on qualitative analysis or performance-based standards to determine the significance of impacts from GHG emissions.

As such, the Proposed Project’s consistency with SB 32 (2017 Scoping Plan), is discussed in the GHG Analysis, 2017 Scoping Plan Consistency of the GHG Analysis. Consistency with AB 32 and the 2008 Scoping Plan is not necessary, since the target year for AB 32 and the 2008 Scoping Plan was 2020. It should be noted that if the project is commenced and completed after the dates cited in the GHG Analysis then the emissions estimates for the project is a worstcase as greenhouse gas and other air pollutant emissions tend to go down over time due to more stringent emission standards for vehicles which are a primary source of such pollutants.

SB 32/2017 Scoping Plan Consistency
The 2017 Scoping Plan Update reflects the 2030 target of a 40% reduction below 1990 levels, set by Executive Order B-30-15 and codified by SB 32. The GHG Analysis overviews the Project’s consistency with the 2017 Scoping Plan. As summarized, the Project will not conflict with any of the provisions of the Scoping Plan.

As shown in Tables 6 and 7 of the GHG Analysis, the Project would not conflict with any of the 2017 Scoping Plan elements as any regulations adopted would apply directly or indirectly to the Project. Further, recent studies show that the State’s existing and proposed regulatory framework will allow the State to reduce its GHG emissions level to 40% below 1990 levels by 2030.

F.2.a
Packet Pg. 2587 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 57 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
City of Moreno Valley General Plan Measure Consistency
The City of Moreno Valley General Plan does not identify specific GHG or climate change policies or goal, a number of the measures identified in the General Plan’s Air Quality Element act to reduce or control criteria pollutant emissions and peripherally reduce GHG emissions. As shown in the GHG Analysis, the Proposed Project has been evaluated for consistency with the City’s General Plan Air Quality Element. The project is consistent with the City’s General Plan.

City of Moreno Valley Energy Efficiency and CAS (Climate Action Strategy) Consistency The City of Moreno Valley released an Energy Efficiency and CAS as well as a GHG Analysis for public review on May 8, 2012. The documents were approved on October 9, 2012. The CAS identifies ways that the City can reduce energy and water consumption and GHG emissions as an organization (its employees and the operation of its facilities) and outlines the actions that the City can encourage, and community members can employ to reduce their own energy and water consumption and GHG emissions. The policies in the document are to reduce GHG emissions in 2010 by 15% by 2020. The City of Moreno Valley General Plan Consistency of the GHG Analysis consists of an analysis of Project consistency with the policies in the CAS.

The project has been found to be consistent with the policies in the CAS (unless the policies are not applicable).

Based on this analysis, the Project would not conflict with any applicable plan, policy or regulation, a less than significant impact is expected. No mitigation is required.

Sources:

1. CalEEMod 2022 Outputs.

2. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code

3. California’s 2017 Climate Change Scoping Plan, prepared by the California Air Resources Board, November 2017,
https://www.arb.ca.gov/cc/scopingplan/scoping_plan_2017.pdf, accessed July 17, 2023.

IX. HAZARDS AND HAZARDOUS MATERIALS – Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use,
or disposal of hazardous materials?
Response: Less than Significant Impact
Potentially hazardous materials such as fuels, lubricants, and solvents would be used during Project construction. The proposed Beyond Food Mart would utilize hazardous materials on a daily basis including gasoline, oil, solvents, and cleaning products. Two underground storage tanks (USTs) (17,000 and 25,000 gallons) are proposed on the south side of the proposed canopy along with 8 MPDs (16 total fueling stations). The transport, use, and storage of hazardous materials during construction and operation of the Proposed Project would be conducted in accordance with all applicable State and federal laws, such as the Hazardous Materials Transportation Act, Resource Conservation and Recovery Act, the California Hazardous Material Management Act, and the California Code of Regulations, Title 22.

F.2.a
Packet Pg. 2588 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 58 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
The Project Applicant would be required to prepare a Spill Contingency Plan to be filed with the County of Riverside Hazardous Materials Department. All operations of the fueling station and related USTs would be required to comply with all federal, state and local laws regulating the management and use of hazardous materials. These regulations mandate the testing and frequent inspections of the UST facilities.

Development of the Project Site would also be subject to the National Pollutant Discharge Elimination System. Compliance with all applicable laws and regulations would reduce the potential impact associated with the routine transport, use, storage, or disposal of hazardous materials to a less than significant level.

No mitigation is required.
b) Create a significant hazard to the public or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
Response: Less than Significant Impact
The Project Applicant would be required to prepare a Spill Contingency Plan to be filed with the County of Riverside Hazardous Materials Department. All operations of the fueling station and related USTs would be required to comply with all federal, state and local laws regulating the management and use of hazardous materials. These regulations mandate the testing and frequent inspections of the UST facilities.

Development of the Project Site would be subject to the National Pollutant Discharge Elimination System (NPDES) permit requirements. Requirements of the permit include development and implementation of a Storm Water Pollution Prevention Plan (SWPPP). The purpose of the SWPPP is to: 1) identify pollutant sources that may affect the quality of discharges of storm water associated with construction activities and 2) identify, construct, and implement storm water pollution control measures to reduce pollutants in storm water discharges from the construction site during and after construction. The SWPPP must include Best Management Practices (BMPs) to control and abate pollutants.

The NPDES also requires a Water Quality Management Plan (WQMP). A Preliminary WQMP has been prepared for the Proposed Project. The WQMP is intended to comply with the requirements of City. Review and approval of the WQMP by the City would ensure that all potential pollutants of concern are minimized or otherwise appropriately treated prior to being discharged from the Project Site.

With regulatory compliance, the Proposed Project would have a less than significant impact related to the release of hazardous materials and no mitigation is required.

F.2.a
Packet Pg. 2589 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 59 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
c) Emit hazardous emissions or handle hazardous
or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or
proposed school?
Response: Less than Significant Impact
The nearest school to the Project Site is Landmark Middle School located at 15261 Legendary Drive approximately 0.2 mile north of the Project Site. Hazardous or toxic materials transported in association with construction of the Proposed Project may include items such as oils, paints, and fuels. All materials required during construction would be kept in compliance with State and local regulations.

The handling of hazardous materials or emission of hazardous substances, at the Project Site would be in accordance with a Hazardous Materials Business Emergency Plan prepared for the Proposed Project and administered by the City Fire Prevention Bureau. All hazardous materials would be handled or transported in accordance with California Health and Safety Code Section 25507 and other local, state, and federal standards, ordinances, and regulations.

No mitigation is required.
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code section 65962.5 and, as a
result, would it create a significant hazard to the
public or the environment?
Response: No Impact
A Phase I Environmental Site Assessment (ESA) for the Proposed Project was completed March 4, 2023 and is included as Appendix E and summarized herein. The assessment concluded that no locations in the immediate adjacency of the Project Site were found to pose any environmental threat to the subject property, based on the data obtained via the Nationwide Environmental Title Research (NETR) governmental records database and the conducted agency records search. There is no indication if the Project Site was once used for agricultural purposes. Dating back to 1967, the Project Site has been vacant and undeveloped with the exception of a structure that once stood on the southeast corner of the property (probably a water tank) but was removed sometime between 1978 and 1996. According to the EnviroStor website and the Phase I ESA, no hazardous material sites on or adjacent to the Project Site were identified. The closest reportable site was the La Jolla Elementary School located approximately 1 mile north of the Project Site. The site type was a school investigation with no action required as of September 8, 2003. The fueling station use would be required to comply with all applicable federal, state, and local laws and regulations regarding hazardous materials.

The underground fuel storage tanks would also require permitting and monitoring by the City Fire Department and the County Department of Environmental Health as the Certified Unified Program Agency (CUPA) for Riverside County. Therefore, no impacts are identified or anticipated, and no mitigation measures are required.

F.2.a
Packet Pg. 2590 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 60 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
e) For a project located within an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public airport or
public use airport, would the project result in a
safety hazard or excessive noise for people
residing or working in the project area?
Response: No Impact
The Project Site is not located within two miles of an airport or private airstrip. The closest airport is the March Air Reserve Base/March Inland Port Airport, located approximately

3.5 miles to the west of the Project Site. As shown on Map S-7: Airport Land Use Compatibility Zone of the Moreno Valley General Plan, the Proposed Project is located outside of the Airport Influence Area. Therefore, the Proposed Project would have no potential to result in a safety hazard or excessive noise for people residing or working in the Project area, and no mitigation is required.
f) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
Response: Less Than Significant Impact
According to the Moreno Valley Local Hazard Mitigation Plan (LHMP), emergency evacuation routes within the City includes I-215, SR-60, and major roadways adjacent to the Project Site including Iris Avenue and Oliver Street, and Alessandro Boulevard which is 1.5 miles north of the Project Site. When responding to emergencies, the City uses the Standardized Emergency Management System (SEMS) which provides preparedness, response, recovery, and mitigation to a disaster event. It is not anticipated that development of the Project Site would impair implementation of or physically interfere with the LHMP, SEMS, or other emergency plans because site activities would be confined within the Proposed Project. The proposed onsite parking and circulation plans would be in accordance with the City of Moreno Valley Municipal Code Chapter 9.11: Parking, Pedestrian and Loading Requirements. And reviewed by the Fire Department and City Engineering Department to ensure that the Proposed Project’s ingress/egress are adequate for accommodating emergency vehicles. Therefore, through compliance with the City’s established LHMP and Municipal Code, and through review of the Project by the Fire Department and City Engineering Department, the potential for the Project to physically interfere with an adopted emergency response plan, or evacuation plan is less than significant. No mitigation is required.
g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or
death involving wildland fires?
Response: Less Than Significant Impact
As further discussed in Section XX Wildfire, the Project Site is not located within a Fire Hazard Severity Zone (FHSZ) as defined in the Fire Hazard Severity maps from CALFIRE and the General Plan Map S-5: Fire Hazard Severity Zones. The Project Site is located within a Local Response Area (LRA) and surrounded by developed property (residential) to the southeast with vacant property routinely disked for weed abatement in the northwest. Due to the site being surrounded by developed property and vacant property devoid of native vegetation (i.e., fuel), there is a less than significant threat of a wildfire occurring in the surrounding area. In addition, Riverside County Fire Department 91 is located at 16110 Lasselle Street, approximately F.2.a
Packet Pg. 2591 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 61 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact

1.35 miles from the Project Site, provides urban fire response. Implementation of the Proposed Project would not expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires resulting in a less than significant impact and no mitigation is required.

Sources:

1. Moreno Valley General Plan, adopted June 15, 2021

2. Phase I Environmental Site Assessment Report

3. Final Environmental Impact Report City of Moreno Valley General Plan, certified May 20, 2021

4. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code

5. Local Hazard Mitigation Plan, City of Moreno Valley Fire Department, adopted October 4, 2011, amended 2017, http://www.moval.org/city_hall/departments/fire/pdfs/haz-mitplan.pdf

6. Emergency Operations Plan, City of Moreno Valley, March 2009, http://www.moval.org/city_hall/departments/fire/pdfs/mv-eop-0309.pdf

7. EnviroStor.
https://www.envirostor.dtsc.ca.gov/public/map/?myaddress=Moreno+Valley X. HYDROLOGY AND WATER QUALITY – Would the project:
a) Violate any water quality standards or waste
discharge requirements or otherwise
substantially degrade surface or ground water
quality?
Response: Less than Significant Impact
A Preliminary Hydrology Study dated December 2022 and revised April 27, 2023, and a Project Specific WQMP dated November 7, 2022, and revised April 19, 2023, was prepared by Blue Engineering and Consulting, Inc. for the Project Site (see Appendices F and G). Findings of the reports are discussed herein. The Project Site is currently undeveloped and is composed of 100 percent pervious surfaces due to routine disking. Construction of the Project will involve site clearing, rough grading, compaction, pouring of concrete and asphalt, and construction of the structures. The Project Site clearing and grading phases would disturb vegetation and surface soils, potentially resulting in erosion and sedimentation. If left exposed and with no vegetative cover, the Project Site’s bare soil could be subject to additional wind and water erosion. Since the Proposed Project involves over one acre of ground disturbance, it is subject to National Pollution Discharge Elimination System (NPDES) requirements and must implement a Storm Water Pollution Prevention Plan (SWPPP). Implementation of site-specific best management practices (BMPs), as established by the SWPPP, will ensure all impacts related to erosion and sedimentation from ground disturbance are less than significant.

Examples of BMPs include sandbag barriers, geotextiles, storm drain inlet protection, sediment traps, rip rap soil stabilizers, sweep roadway from track-out, and rumble strips.

Under existing conditions, the Project Site drains in a northwesterly direction toward the Kaiser Permanente Hospital. The Proposed Project includes a storm water detention system with one underground bioretention basin with a capacity of 15,237 cubic feet (CF) that would be located on the northwest portion of the project Site and one vegetation swale located off site near the northeast corner of the Project, along Oliver Street (refer to Site Plan). To address potential F.2.a
Packet Pg. 2592 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 62 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
water contaminants, the Project is required to comply with applicable federal, state, and local water quality regulations in accordance with the Project specific NPDES and SWPPP. Given compliance with all applicable federal, state, and local laws regulating surface water quality, the Proposed Project as designed would result in a less than significant impact. No mitigation is required.

Prior to the issuance of a grading permit, the Project applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall include a surface water control plan and erosion control plan citing specific measures to control on-site and off-site erosion during the entire grading and construction period. In addition, the SWPPP shall emphasize structural and nonstructural Best Management Practices (BMPs) to control sediment and non-visible discharges from the site. The SWPPP will include inspection forms for routine monitoring of the site during construction phase to ensure NPDES compliance and additional BMPs and erosion control measures will be documented in the SWPPP and utilized if necessary. The SWPPP shall address the potential for an extended and discontinuous construction period based on funding availability. The SWPPP will be kept on site for the entire duration of Project construction and will be available to the local RWQCB for inspection at any time. BMPs included in the SWPPP may include the following:
- Sediment discharges from the site may be controlled by the following: sandbags, silt fences, straw wattles, and temporary basins (if deemed necessary), and other discharge control devices. The construction and condition of the BMPs will be periodically inspected during construction and repairs will be made when necessary, as required by the SWPPP.
- Materials that have the potential to contribute to non-visible pollutants to storm water must not be placed in drainage ways and must be contained, elevated, and placed in temporary storage containment areas.
- All loose piles of soil, silt, clay, sand, debris, and other earthen material shall be protected in a reasonable manner to eliminate and discharge from the site. Stockpiles will be surrounded by silt fences and covered with plastic tarps. - In addition, the construction contractor shall be responsible for performing and documenting the application of BMPs identified in the SWPPP. Weekly inspections shall be performed on sandbag barriers and other sediment control measures called for in the SWPPP. Monthly reports and inspection logs shall be maintained by the Contractor and reviewed by the City and the representatives of the State Water Resources Control Board. In the event that it is not feasible to implement specific BMPs, the City can make a determination that other BMPs will provide equivalent or superior treatment either on or off site.

The WQMP includes mandatory compliance of BMPs as well as compliance with NPDES Permit requirements. Review and approval of the WQMP by the City of Moreno Valley and the SWPPP by the Regional Water Quality Control Board would ensure that all potential pollutants of concern are minimized or otherwise appropriately treated prior to being discharged from the Project Site. Therefore, the Proposed Project would result in less than significant impacts..

F.2.a
Packet Pg. 2593 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 63 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater
recharge such that the project may impede
sustainable groundwater management of the
basin?
Response: Less than Significant Impact
Groundwater in the Project Site area is managed and distributed by the Eastern Municipal Water District (EMWD) a regional water management and wholesale agency. The City of Moreno Valley is within the boundaries of the EMWD. The EMWD is required by state law (Urban Water Planning Management Act or AB 797 in 1983) to prepare an Urban Water Management Plan (UWMP) to identify its sources/supplies of potable water, its historical and projected consumption by its customers, and evaluate various mandated scenarios for water shortages (e.g., single dry year, and multiple dry years) to assure its customers and the state that it will have adequate water supplies now and in the future, even under expected drought conditions.

The 2020 UWMP concluded the City could supply water to its customers until at least 2040 under single dry and multiple drought year scenarios. The Project does not involve a General Plan Amendment or Zone Change, so the City in its UWMP has accounted for future water consumption of existing and planned land uses, including residential and commercial uses such as the Proposed Project.

The Project is also subject to NPDES requirements and will be designed and constructed to ensure compliance with the water quality standards and waste discharge requirements.

Compliance with these regulations, along with all City water supply requirements, will ensure there will be no significant impacts related to groundwater supply or recharge resulting from the Proposed Project. A less than significant impact would occur related to this issue and no mitigation is required.
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i) Result in substantial erosion or siltation on- or
off-site?
Response: Less than Significant Impact
Development of the Proposed Project’s buildings and pavement will alter the amount of existing impervious surface area and the amount of generated storm water runoff. Currently, the site has a 4.4 percent slope and runoff generally drains from the southeast to the northwest. No streams, rivers, or other drainage features are located on site. The Proposed Project would implement structures and impervious surfaces that could potentially alter the current drainage pattern. Pursuant to the requirements of the NPDES permit, as discussed previously, excess flows and sediment would be captured by BMPs identified in the WQMP. The Proposed Project’s WQMP is subject to review and approval by the City prior to issuance of grading permits. With implementation of required BMPs, the Proposed Project is not expected to result in substantial erosion or siltation. Therefore, impacts would be less than significant, and no mitigation is required.

F.2.a
Packet Pg. 2594 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 64 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
ii) Substantially increase the rate or amount of
surface runoff in a manner which would result in
flooding on- or offsite?
Response: No Impact
No streams, rivers, or other drainage features are located on the Project Site. The Project proposes a storm water detention system with one underground bioretention basin with a capacity of 15,237 cubic feet (CF) that would be located on the northwest portion of the Project Site and one vegetation swale located off near the northeast corner of the Project Site, along Oliver Street (refer to Site Plan). The stormwater infiltration system would prevent flows that could result in on- or off-site flooding. Since the Proposed Project does not significantly increase storm water flows, no impact related to flooding would occur. No mitigation is warranted. iii) Create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted runoff?
Response: Less than Significant Impact
The existing Project Site slopes down from the southeast to the northwest toward the Moreno Valley Hospital. The Project proposes a storm water detention system with one underground bioretention basin with a capacity of 15,237 cubic feet (CF) that would be located on the northwest portion of the Project Site and one vegetation swale located off near the northeast corner of the Proposed Project, along Oliver Street (refer to Site Plan). The nature of the proposed development would not generate flows previously unaccounted for in drainage plans.

The Proposed Project will incorporate BMPs that will moderate flows into existing storm drain systems. As the Proposed Project would maintain drainage patterns and flow rates comparable to the existing condition, a less than significant impact would occur with the development of the Proposed Project, and no mitigation is warranted.
iv) Impede or redirect flood flows?
Response: No Impact
The Project Site is not located within a 100-year flood hazard area and does not include the development of housing. Therefore, the Project would not place a structure within a 100-year flood hazard area that would impede or redirect flood flows. No impact would occur, and no mitigation is required.

Two locations of concern exist within the City of Moreno Valley: Poorman Reservoir (Pigeon Pass Reservoir) and Lake Perris. Dam failure at Portman’s Reservoir could result in extensive flooding along the downstream watercourse. Dam failure at Lake Perris would only affect a very small area south of Nandina Avenue along the Perris Valley Storm Drain and the Mystic Lake area in the southeast corner of the City. However, according to the City’s General Plan, the Project Site will not expose people or structures to a risk of loss, injury or death involving the failure of a levee or dam. Therefore, no impacts would occur, and no mitigation is required.

F.2.a
Packet Pg. 2595 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 65 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
d) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation?
Response: No Impact
The Project Site is located approximately 2 miles north of Lake Perris. At this distance, the Project Site is not considered susceptible to seiche-related hazards originating at Lake Parris.

Additionally, the Upland Game Hunting Area is located between the Project Site and Lake Perris, initially creating a buffer from the Project Site and the waterbody. The Project Site and Lake Perris have an elevation of approximately 1560 feet above mean sea level (amsl) while the Upland Game Hunting Area hills are approximately 1813 feet amsl which approximately 253 feet above the Project Site. The Project Site is at an elevation of approximately 1,560 feet amsl and is located approximately 42 miles northeast of the Pacific Ocean. Therefore, the Proposed Project is not subject to flood hazards, tsunami threats, or seiche zones, and no impact would occur.
e) Conflict with or obstruct implementation of a
water quality control plan or sustainable
groundwater management plan?
Response: Less than Significant Impact with Mitigation Incorporated The Proposed Project would be required to comply with the Regional Water Quality Control Board’s Santa Ana River Basin Water Quality Control Program, which includes the requirement to complete and submit a SWPPP for construction related activities. The Proposed Project is in a developed urban setting and through adherence to the City of Moreno Valley’s water quality regulations it would not substantially degrade water quality. Therefore, a less than significant impact would occur with implementation of the recommended mitigation measures. No additional mitigation measures are required.

Sources:

1. Preliminary Hydrology Study and WQMP. Blue Engineering and Consulting, Inc. May 2, 2023.

2. Moreno Valley General Plan, adopted June 15, 2021
• Chapter 6 – Safety Element – Section 6.7 – Water Quality - Figure 6-4 – Flood Hazards
• Chapter 7 – Conservation Element – Section 7.5 – Water Resources - Figure 7-1 Water Purveyor Service Area Map

3. Final Environmental Impact Report City of Moreno Valley General Plan, certified May 20, 2021
• Section 5.5 – Hazards and Hazardous Materials
- Figure 5.5-2 – Floodplains and High Fire Hazard Areas • Section 5.7 – Hydrology and Water Quality
- Figure 5.7-1 – Storm Water Flows and Major Drainage Facilities - Figure 5.7-2 – Groundwater Basins

4. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code • Section 9.10.080 – Liquid and Solid Waste

5. Moreno Valley Municipal Code Chapter 8.12 – Flood Damage Prevention F.2.a
Packet Pg. 2596 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 66 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact

6. Moreno Valley Municipal Code Chapter 8.21 – Grading Regulations

7. Eastern Municipal Water District (EMWD) Groundwater Reliability Plus, http://gwrplus.org/

8. Eastern Municipal Water District (EMWD) 2015 Urban Water Management Plan XI. LAND USE AND PLANNING – Would the project:
a) Physically divide an established community?
Response: No Impact
The physical division of an established community is typically associated with construction of a linear feature, such as a major highway or railroad tracks, or the removal of a means of access, such as a local road or bridge, which would impair mobility in an existing community or between a community and outlying area.

The Project proposes the development of a Beyond Food Mart on land designated as Downtown Center (DC). To the north and west is vacant land and the Kaiser Permanente Moreno Valley Hospital while residential communities are located to the south and east. The Project would not introduce linear features such as highways or transit lines that would divide an established community. Therefore, no impact regarding dividing an established neighborhood would occur, and no mitigation is required. b) Cause a significant environmental impact due to
a conflict with any land use plan, policy, or
regulation adopted for the purpose of avoiding
or mitigating an environmental effect?
Response: Less than Significant Impact
The Project Site is currently undeveloped, and the General Plan designates the site as Downtown Center (DC), which allows for commercial uses. The City’s General Plan contains goals and objectives that are applicable to the Proposed Project and the DC land use designation. Additionally, the Proposed Project is located within the Multiple Species Habitat Conservation Plan (MSHCP) Moreno Valley Area Plan; however, the Proposed Project is not located in a criteria cell and is not adjacent to Public/Quasi-Public or Conservation Land. The Project is located within the MSHCP survey area for burrowing owl. Because the Proposed Project is not located within a Criteria Cell, it is not subject to possible land conservation requirement under the MSHCP. Therefore, development of the Proposed Project would have a less than significant impact related to an applicable land use plan, policy, regulation, or habitat conservation plan and no mitigation is required.

Table 8, General Plan Consistency Analysis provides a consistency analysis of the Proposed Project to the applicable General Plan goals and objectives, which identifies that the Project would not result in a conflict with any applicable General Plan goals and objectives.

F.2.a
Packet Pg. 2597 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 67 City of Moreno Valley Table 8
General Plan Consistency Analysis
Goal/Policy No. General Plan Goal and
Objectives
Project Consistency
Land Use Element
Goal LCC-1 Establish an identifiable city
structure and a flexible land
use framework that
accommodates growth and
development over the
planning horizon.

Consistent. The Proposed
Project would provide a mix of
commercial related uses that
supports the Downtown
Center.

Goal LCC. 1-4 Focus new development in
centers and corridors so as to
support the vitality of existing
businesses, optimize the use
of utility infrastructure, and
reduce vehicle trip frequency,
length, and associated
emissions.

Consistent. The Proposed
Project would develop a
vacant lot in the Downtown
Center zone. The new
development would benefit
local residence by providing
fuel and convenience goods,
which would minimize vehicle
trips to further destinations.

Goal LCC. 1-5 Encourage mixed use
development in either a
vertical or horizontal
configuration in the
Downtown Center, the
Moreno Valley Mall/Towngate
Center area, and at key
intersection along major
transit routes.

Consistent. The Proposed
Project would support the
Downtown Center
urbanization by promoting
local community commercial
uses such as a convenience
store, car wash, and fueling
stations.

Circulation Element
Goal C. 1-1 Support regional
infrastructure investments for
all modes to relieve
congestion and support
healthy communities in the
City of Moreno Valley.

N/A. The Proposed Project
does not provide for regional
infrastructure.

Parks and Public Services Element
Goal PPS-1 Provide and maintain a
comprehensive system of
quality parks, multi-use trails,
and recreational facilities to
meet the needs of Moreno
Valley’s current and future
population.

N/A. Goal is not for individual
projects.

Safety Element
Goal S-1 Protect life and property from
natural and humanmade
hazards.

Consistent. The Project Site
is not located within an
Alquist-Priolo or any other
major fault zone. The Project
would implement LID
strategies and BMPs to
reduce stormwater runoff or
any other potential hazards.

Goal S. 1-4 Ensure that structures
intended for human
occupancy are designed and
constructed to retain their
structural integrity when
Consistent. All structures
within the Proposed Project
would be constructed in
accordance with the
California Building Code, to
F.2.a
Packet Pg. 2598 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 68 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
subjected to seismic activity,
in accordance with the
California Building Code.
prevent future seismic
hazards.

Goal S. 1-12 Work to prevent wildland fire
and to protect lives, property,
and watersheds from fire
dangers.

Consistent. The Project Site
is not within Wildfire Hazard
Severity Zone, but is within a
Local Response Area.

County Fire Department 91
will respond to any potential
wildfire threats. The
Proposed Project would add
impervious surfaces and
maintained landscape areas
across the site.

Goal S. 1-25 Consistent with State
regulations, require proper
storage and disposal of
hazardous materials to
reduce the likelihood of
leakage, explosions, of fire,
and to properly contain
potential spills from leaving
the site.

Consistent. The Proposed
Project will adhere to the
Storm Water Pollution
Prevention Plan (SWPPP),
the National Pollutant
Discharge Elimination
System (NPDES), and the
California Building Code to
prevent any potential spills
from leaving the site.

Noise Element
Goal N-1 Design for a pleasant, healthy
sound environment conducive
to living and working.

The Proposed Project will
adhere to the City’s noise
thresholds and Municipal
Code Standards.

Environmental Justice Element
Goal EJ-1 Reduce pollution exposure
and improve community
health.

The Proposed Project would
be an acceptable use within
the City Air Quality
Standards.

Open Space and Resource Conservation Element
Goal OSRC-1 Preserve, protect, and
enhance natural resources,
habitats, and watersheds in
Moreno Valley and the
surrounding area, promoting
responsible management
practices.
(Not sure if this is needed,
could put N/A)
Goal OSRC. 1-7 Require that grading plans
include appropriate and
feasible measures to
minimize erosion,
sedimentation, wind erosion,
and fugitive dust. Particularly
in hillside areas, new
roadways, and trails should
follow natural contours to
minimize grading.

Consistent. According to the
LHMP Moreno Valley Slope
Analysis, the Project Site and
its surrounding land uses do
not have any significant
slope. Additionally, grading
plans will include appropriate
erosion mitigation measures.

F.2.a
Packet Pg. 2599 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 69 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Zoning for the Project Site is Downtown Center (DC) which allows up to 20 DU/AC on the Project Site on the periphery of the DC (CMVMC 9.07.010B). The Project proposes commercial uses which would be consistent with the DC land use designation. Therefore, the Proposed Project is consistent with the General Plan’s goals and policy’s and will not significantly detriment the Project Site’s environment or surrounding land uses.

Sources:

1. Moreno Valley General Plan, adopted June 15, 2021

2. Final Environmental Impact Report City of Moreno Valley General Plan, certified May 20, 2021
• Section 5.12 – Population and Housing
XII. MINERAL RESOURCES – Would the project:
a) Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state?
Response: No Impact
The Project Site is vacant and undeveloped. The mineral resources known to occur within the City of Moreno Valley include sand, gravel and rock used in making concrete and as road base.

According to the City’s General Plan, one recently active sand and gravel quarry is known to occur within the City’s sphere of influence: the Jack Rabbit Canyon Quarry. The Jack Rabbit Canyon Quarry was inactive as of 2001 and is located in a drainage course at the northeast corner of Jack Rabbit Trail and Gilman Springs Road approximately 6.5 miles west of the Project Site. According to the Department of Conservation Mineral Lands Classification interactive map and General Plan, the Project Site is located within an area classified as MRZ-3.

MRZ-3 areas are considered to have a moderate potential for the discovery of economic mineral deposits. The Project Site has a current General Plan land use designation of Commercial and zoning of Downtown Center (DC). Mineral resource mining would not be compatible with the surrounding land uses and the General Plan designation for the Project Site. Moreover, the Proposed Project’s demand for mineral resources will be considered less than significant due to the readily available aggregate resources in the Southern California region. Therefore, no significant adverse impacts are identified or anticipated, and no mitigation measures are required.
b) Result in the loss of availability of a locallyimportant mineral resource recovery site delineated on a local general plan, specific plan,
or other land use plan?
Response: No Impact
As discussed previously, there are no significant mineral resources or mineral extraction process facilities on or near the site. The City previously planned for development of the Project Site and a Downtown Center Concept Area. Implementation of the Proposed Project would not result in the loss of availability of a known locally significant mineral resource. Therefore, no significant adverse impacts are identified or anticipated, and no mitigation measures are required.

F.2.a
Packet Pg. 2600 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 70 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Sources:

1. Department of Conservation Mineral Lands Classification, https://maps.conservation.ca.gov/cgs/informationwarehouse/index.html?map=mlc

2. Moreno Valley General Plan, adopted June 15, 2021
• Chapter 7 – Conservation Element – Section 7.9 – Mineral Resources

3. Final Environmental Impact Report City of Moreno Valley General Plan, certified May 20, 2021
• Section 4.12 – Mineral Resources
XIII. NOISE – Would the project result in:
a) Generation of a substantial temporary or
permanent increase in ambient noise levels in
the vicinity of the project in excess of standards
established in the local general plan or noise
ordinance, or applicable standards of other
agencies?
Response: Less than Significant Impact
A Noise Impact Analysis prepared by Ganddini Group Inc. was completed on July 7, 2023 (see Appendix H). The Noise Study determines the noise exposure and the necessary noise mitigation measures for the Proposed Project. The noise study was prepared to satisfy applicable City of Moreno Valley noise standards and significance criteria based on Appendix G of the CEQA Guidelines. The Noise Study is available for review at the City of Moreno Valley Community Development Department and results of the study are summarized herein.

Environmental noise descriptors are generally based on averages, rather than instantaneous, noise levels. The most used metric is the equivalent level (Leq). Equivalent sound levels are not measured directly but are calculated from sound pressure levels typically measured in A‐ weighted decibels (dBA). The equivalent sound level (Leq) represents a steady state sound level containing the same total energy as a time varying signal over a given sample period and is commonly used to describe the “average” noise levels within the environment.

Construction Noise
Construction noise is regulated within Sections 8.14.040 and 11.80.030(D)(7) of the City of Moreno Valley Municipal Code (see Regulatory Setting section of the Noise Report).

Accordingly, the project would result in a significant impact if:
• Project construction occurs outside the hours of 7:00 AM to 7:00 PM Monday through Friday, excluding holidays, and from 8:00 AM to 4:00 PM on Saturday; or, • Project construction occurs within the hours of 8:00 PM and 7:00 AM the following day such that the sound there from creates a noise disturbance; or, • Project construction noise exceeds 80 dBA Leq for an 8-hour period at residential uses and 85 dBA Leq for an 8-hour period at commercial uses.

F.2.a
Packet Pg. 2601 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 71 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Project construction noise levels at nearby sensitive receptors were calculated using the FTA methodology. Construction noise modeling worksheets for each phase are provided in Appendix H Anticipated noise levels during each construction phase are presented in Table 10 of the Noise Study.

Table 10 of the Noise Study (referenced in Appendix H, shows that modeled construction noise levels reach up to 59 dBA Leq at the nearest school property line to the northeast, 74.1 dBA Leq at the nearest residential property line to the east, 70.8 dBA Leq at the nearest residential property line to the south, 65.8 dBA Leq at the nearest hospital property line to the west, and

66.7 dBA Leq at the nearest medical office property line to the northwest of the Project Site.

Based on the modeled construction noise levels (, construction noise levels are estimated to reach up to 74.1 dBA Leq at the nearest receptor. Therefore, the Proposed Project would not exceed City-established standards relating to construction noise of 80 dBA Leq at residential uses and 85 dBA Leq at commercial uses. Construction-related noise impacts are less than significant and no mitigation is required.

Stationary Source Noise
Stationary noise source standards are established within Section 11.80.030-2 of the City of Moreno Valley Municipal Code. Accordingly, the project would result in a significant impact if:
• The project operational noise exceeds the City-established noise standards that apply to project. Project generated on-site noise may not 60 dBA Leq during the daytime (8:00 AM to 10:00 PM) and 55 dBA Leq during nighttime hours (10:01 PM to 7:59 AM) at residential land uses; or exceed 65 dBA Leq during the daytime (8:00 AM to 10:00 PM) and 60 dBA Leq during nighttime hours (10:01 PM to 7:59 AM) at commercial land uses (City of Moreno Municipal Code 11.80.030).

Noise levels at nearby sensitive receptors were determined based on the SoundPLAN acoustical model developed for the project. SoundPLAN modeling worksheets are provided in the Noise Impact Analysis.

The project will not exceed City-established daytime noise standards at the existing residential lots but would exceed nighttime noise standards at residential lots located south of the project site if the car wash is operated during nighttime hours. Impacts will be less than significant by limiting hours of operation of the proposed car wash and associated vacuums. The car wash shall not be in operation between 10:00 PM and 8:00 AM.

Mobile Source Noise
Project Operational Mobile Source Noise
Roadway noise levels were calculated at roadways included in the Beyond Food Mart (Oliver and Iris) Traffic Impact Analysis (Ganddini Group, Inc., April 14, 2023) and based on the FHWA Traffic Noise Prediction Model methodology. During operation, with incorporation of pass-by trip reductions, the proposed project is expected to generate approximately 4,346 average daily trips with 155 trips during the AM peak-hour and 185 trips during the PM peak-hour. Roadway noise levels were calculated for the following scenarios:

F.2.a
Packet Pg. 2602 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 72 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
• Existing (without Project): This scenario refers to existing year traffic noise conditions. • Existing Plus Project: This scenario refers to existing year plus project traffic noise conditions.

Table 11 of the Noise Study (referenced in Appendix H) shows the change in existing roadway noise levels with the addition of project-generated operational trips.

Modeled existing traffic noise levels range between 58-76 dBA CNEL and the modeled Existing Plus Project traffic noise levels range between 59-76 dBA CNEL at the right-of-way of each study roadway segment. All the modeled roadway segments, other than John F Kennedy Way east of Moreno Beach Drive, are below the lowest threshold of a 1.5 dB increase. The modeled existing noise level along the roadway segment of John F Kennedy Way east of Moreno Beach Drive is 64.5 dBA CNEL and the project generated vehicle trips are anticipated to increase the noise level along this roadway segment by approximately 1.7 dBA CNEL. Therefore, the appropriate threshold for this roadway segment is an increase of 3 dB. The approximately

1.7 dB increase along John F Kennedy Way is below the 3 dB increase threshold.

The addition of project trips is not expected to change noise levels in excess of the applicable threshold at any of the study roadway segments. The project impact is less than significant; no mitigation is required.

Construction Mobile Source Noise
Construction truck trips would occur throughout the construction period. Given the project site’s proximity to the 215 Freeway and State Route 60, it is anticipated that vendor and/or haul truck traffic would take the most direct route to the appropriate freeway ramps.

Iris Avenue currently handles approximately 16,000 average daily vehicle trips and Oliver Street currently handles approximately 2,300 average daily vehicle trips in the vicinity of the project site.8 According to the CalEEMod modeling in the Air Quality Study prepared for the Proposed Project (Lilburn, 2023), the greatest number of construction-related vehicle trips per day would be during the demolition and paving phases of construction at up to 13 vehicle trips per day (12.5 worker trips per day for both demolition and paving). Therefore, vehicle traffic generated during project construction is nominal relative to existing roadway volumes and would not result in the doubling of traffic volume necessary to increase noise levels by 3 dBA. The Proposed Project would have a less than significant; no mitigation is required. b) Generation of excessive groundborne vibration
or groundborne noise levels?
Response: Less than Significant Impact
In relation to the Environmental Checklist noise issue “b”, the City of Moreno Valley has not established thresholds of significance concerning groundborne vibration. In the absence of City-established thresholds, groundborne vibration impacts are based on guidance from the Federal Transit Administration (FTA) Transit Noise and Vibration Impact Assessment Manual (FTA, September 2018) (see Regulatory Setting section). Accordingly, the project would result in a significant impact if:
• Groundborne vibration levels generated by the project have the potential to cause architectural damage at nearby buildings by exceeding the following PPV:

F.2.a
Packet Pg. 2603 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 73 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
o 0.10 in/sec at buildings extremely susceptible to vibration damage o 0.20 in/sec at non-engineered timber and masonry buildings o 0.30 in/sec at engineered concrete and masonry (no plaster) buildings o 0.50 in/sec at reinforced-concrete, steel or timber (no plaster) buildings • Groundborne vibration levels generated by the project have the potential to cause annoyance at sensitive receptors by exceeding 72 VdB.

Based on the groundborne vibration modeling, use of a vibratory roller is expected to generate a PPV of 0.021 in/sec and use of a bulldozer is expected to generate a PPV of 0.009 in/sec at the closest off-site building, a residential use located approximately 115 feet east of the Project Site. Other equipment anticipated to be used during project construction generate lower PPV.

Therefore, groundborne vibration generated by project construction would not exceed the levels necessary to cause architectural damage. Use of vibratory rollers could theoretically exceed the threshold for annoyance due to vibration (72 VdB at offsite residential sensitive uses) at the existing residential receptor to the east of the project site, and residents may be temporarily annoyed. However, perceptibility of construction vibration would be temporary and would only occur while vibratory equipment is utilized within 21 feet of the project property lines in proximity of the residential use to the east. Furthermore, this impact would only occur during daytime hours. The most substantial sources of groundborne vibration during post-construction project operations will include the movement of passenger vehicles and trucks on paved and generally smooth surfaces. Loaded trucks generally have a PPV of 0.076 at a distance of 25 feet (Caltrans 2020), which is a substantially lower PPV than that of a vibratory roller (0.210 in/sec PPV at 25 feet). Therefore, groundborne vibration levels generated by project operation would not exceed those modeled for project construction and the Proposed Project would result in a less than significant impact. No mitigation is required. c) For a project located within the vicinity of a
private airstrip or an airport land use plan or,
where such a plan has not been adopted, within
two miles of a public airport or public use airport,
would the project expose people residing or
working in the project area to excessive noise
levels?
Response: No Impact
The closest airport to the Project Site is the March Air Reserve Base/Inland Port Airport, with airport runways located as close as approximately 2.26 miles to the west/southwest of the Project Site. The City of Moreno Valley 2040 General Plan Map S-7, Airport Land Use Compatibility Zones and the Riverside County Airport Land Use Commission March Air Reserve Base / Inland Port Airport Land Use Compatibility Plan Map MA-1 (ALUCP 2014), show that the Project Site is outside of both the airport influence areas as well as the airport’s compatibility zones. Therefore, the Proposed Project would not expose people residing or working in the area to excessive noise levels. There is no impact, and no mitigation is required.

Sources:

1. Noise Impact Analysis. Ganddini Group Inc. July 7, 2023.

2. Moreno Valley General Plan, adopted June 15, 2021

3. Final Environmental Impact Report City of Moreno Valley General Plan, certified May 20, 2021
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact

4. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code • Section 9.10.140 Noise and Sound

5. Moreno Valley Municipal Code Chapter 11.80 Noise Regulations XIV. POPULATION AND HOUSING – Would the project:
a) Induce substantial unplanned population growth
in an area, either directly (for example, by
proposing new homes and businesses) or
indirectly (for example, through extension of
road or other infrastructure)?
Response: Less than Significant Impact
During the construction process, the Proposed Project would create short-term construction jobs and are anticipated to be filled primarily by workers who reside in the Project vicinity. The Proposed Project would generate a maximum of 12 employees. New employment opportunities are projected to be filled by local residents who reside in or near the City of Moreno Valley. The current city unemployment rate is 4.8%.3 A large influx of new residents to the City due to the Proposed Project is not expected.

The Proposed Project will not have a direct effect on population growth within the City. The Proposed Project would generate employment opportunities but is not expected to induce substantial growth in the City or region beyond the growth forecasts detailed in the City’s General Plan or SCAG’s regional growth forecasts since the Proposed Project is consistent with the existing land use and zoning designations (i.e., Commercial). Therefore, a less than significant impact related to this issue, and no mitigation is required. b) Displace substantial numbers of existing people
or housing, necessitating the construction of
replacement housing elsewhere?
Response: No Impact
The Proposed Site is currently vacant and does not contain any residences that would be removed as a result of the Proposed Project. Therefore, the Proposed Project would not displace a substantial number of existing housing or residences so as to necessitate the construction of replacement of housing. No impact would occur with respect to the displacement of existing housing, and no mitigation is required.

Sources:

1. Moreno Valley General Plan, adopted June 15, 2021
• Chapter 2 – Community Development Element – Section 2.1 – Land Use • Chapter 8 – 2014 – 2021 Housing Element

2. Final Environmental Impact Report City of Moreno Valley General Plan, certified May 20, 2021
• Section 5.12 – Population and Housing

3. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code

4. U.S. Bureau of Labor Statistics. bls.gov , accessed July 19, 2023. 3 U.S. Bureau of Labor Statistics. bls.gov , accessed July 19, 2023.

F.2.a
Packet Pg. 2605 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 75 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XV. PUBLIC SERVICES – Would the project:
a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
i) Fire protection?
Response: Less than Significant Impact
The Proposed Project would place a Beyond Food Mart on undeveloped land. The City of Moreno Valley Fire Service contracts with the Riverside County Fire Department Services. Fire Station 91 (College Park) is the closest station to the site located at 16110 Lasselle Street approximately 1.4 miles southwest. Fire Station 91 houses one 75-foot ladder truck, one second line engine and a breathing support. Because the Project proposes a fueling station, fire services may be needed at a quick response time. According to the City’s General Plan, a fiveminute response time is considered to be the maximum time standard for serving urban and suburban uses. However, the need for fire services to the Project Site is considered unlikely.

Considering this, the Proposed Project will have a less than significant impact on fire protection.

No mitigation is required.
ii) Police protection?
Response: Less than Significant Impact
The Project includes the development of a Beyond Food Mart on the northwest corner of Iris Avenue and Oliver Street. Police services are provided by the Moreno Valley Police Department (MVPD) which has 162 sworn officers and a current officer to population ration of 0.9 officers per 1,000 populations. The nearest police station is located at 22850 Calle San Juan De Los Lagos approximately 4.8 miles west northwest of the project site. The Project could introduce a maximum of 12 new employees to the City, which would incrementally increase the need for police. Therefore, development of the Proposed Project would have a less than significant impact on police protection. No mitigation is required. iii) Schools?
Response: No Impact
The Project Site is located within the boundaries of Moreno Valley Unified School District (MVUSD) and is near several schools. The closest school is Landmark Middle School is located four tenths (0.4) of a mile northeast of the Project Site, at the intersection of Oliver Street and John F Kennedy Drive. Other school establishments located near the Project Site are La Jolla Elementary School, Moreno Valley College, Ridge Crest Elementary School, Valley Christian Academy, and Vista del Lago High School.

The increase in employment from the Proposed Project is anticipated to be fulfilled by the local, existing population. Additionally, the Beyond Food Mart development would not generate school aged children. Therefore, no impact would occur related to this issue and no mitigation is required.

F.2.a
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
iv) Parks?
Response: No Impacts
The City of Moreno Valley currently operates approximately 482 acres of parks within the City boundaries. The City has established a park service standard of 3.0 acres of parkland per 1,000 residents to ensure that access to parks is adequate and commensurate with the size of the community. The nearest parks to the Project Site are Celebration Park and Fairway Park, both being approximately half (0.5) a mile northeast of the Project Site. Implementation of the Proposed project would not induce residential development and would not significantly increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of any facilities would result. Therefore, no significant adverse impacts are identified or anticipated, and no mitigation measures are required. v) Other public facilities?
Response: Less than Significant Impact
Implementation of the Proposed Project would not induce population growth in the City of Moreno Valley or adversely affect other public facilities or require the construction of new or modified facilities. The Proposed Project is not expected to have a significant impact on public facilities or services, such as libraries, community recreation centers, and/or animal shelters.

The Proposed Project would introduce a maximum of 12 employees into the City. Because the Proposed Project would not introduce a substantial amount of population into the City of Moreno Valley, development of the Proposed Project would have a less than significant impact. No mitigation is required.

Sources:

1. Moreno Valley General Plan, adopted June 15, 2021

2. Final Environmental Impact Report City of Moreno Valley General Plan, certified May 20, 2021

3. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code

4. City of Moreno Valley Police Department. https://moval.gov/departments/police/deptzone-policing.html

5. Moreno Valley Unified School District. DIF.
https://www.mvusd.net/apps/pages/index.jsp?uREC_ID=786774&type=d&pREC_ID=1 181763
XVI. RECREATION – Would the project:
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility would occur
or be accelerated?
Response: No Impact
The Proposed Project includes the construction of a Beyond Food Mart on the corner of Iris Avenue and Oliver Street. The Project would generate a maximum of 12 employees and may contribute to residents working and living in the City of Moreno Valley. The closest parks to the Proposed Project are the Fairway Park and Celebration Park approximately half a mile (0.5) F.2.a
Packet Pg. 2607 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 77 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
mile north of the Project Site. The Project would be required to pay development fees to offset the impact to parks and recreation. Therefore, with the development of the Proposed Project, it will not create a significant increase in the use of existing neighborhood, regional parks, or other recreational facilities, with a less than significant impact related to this issue. No mitigation is required.
b) Does the project include recreational facilities or
require the construction or expansion of
recreational facilities which have an adverse
physical effect on the environment?
Response: No Impact
The Proposed Project does not include any recreational facilities or parkland. Furthermore, the Project does not include any residential development and will not directly increase population associated with the Proposed Project. The Project will also be required to pay applicable development fees to offset the impact to parks and recreation. Therefore, the construction or expansion of recreational facilities in the absence of a population increase is not necessary. No impact would occur regarding this issue. No mitigation is required.

Sources:

1. Moreno Valley General Plan, adopted June 15, 2021

2. Final Environmental Impact Report City of Moreno Valley General Plan, certified May 20, 2021

3. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code XVII.TRANSPORTATION – Would the project:
a) Conflict with program plan, ordinance or policy
addressing the circulation system, including
transit, roadway, bicycle and pedestrian
facilities?
Response: Less than Significant Impact
A Traffic Impact Analysis (TIA) dated May 12, 2023 (see Appendix I), and a Vehicle Miles Traveled (VMT) Screening Assessment dated April 11, 2023 (see Appendix J) was orchestrated by Ganddini Group, Inc. and is available for review at City offices. The TIA and VMT Assessment analyzed the Site Plan, which is a 1.31-acre lot to be developed with a 7,460 sf convenience store, an eight island fueling station with a 5,979 sf canopy, and a sf drive-thru car wash. As detailed in Table 9 below, the Proposed Project is forecast to generate 4,346 daily trips, including 155 trips occurring during the a.m. peak hour and 185 trips occurring during the p.m. peak hour (see Appendix J).

Table 9
Project Trip Generation
Land Use Units A.M. Peak Hour P.M. Peak Hour Daily Trips In Out Total In Out Total
Gasoline Station with
Convenience Market and
Car Wash
16 Fueling
Stations 78 77 155 93 92 185 4,346
Trip Generation
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Regional access to the Project Site is provided by State Route 60 approximately 3.0 miles to the north and Interstate 215 approximately 5.0 miles to the west of the Project Site. Local northsouth circulation is provided by Nasson Street, Oliver Street, Via Del Lago, and Moreno Beach Drive; and east-west circulation is provided by Iris Avenue and John f Kennedy Drive.

Nasson Street: This four-lane divided roadway trends in a north-south direction and is classified as a Divided Arterial (four-lane divided roadway with 8-foot shoulders) on the City of Moreno Valley circulation system in the study area. On-street parking appears to be restricted in the Project vicinity. Class II bike lanes are on both sides of the roadway in the Project vicinity.

Sidewalks are provided on the east side of the roadway in the Project vicinity.

Oliver Street: This two-lane undivided to four-lane undivided to four-lane divided roadway trends in a north-south direction and is classified as a Minor Arterial (four-lane divided or undivided roadway with 5 to 8-foot shoulders) a on the City of Moreno Valley General Plan Circulation Element in the project vicinity north of Iris Avenue and is unclassified south of Iris Avenue. On-street parking does not appear restricted in the study area, except at the Landmark Middle School bus loading zone. Currently, there are no designated bicycle facilities in the project vicinity; however, marked Class II bike lanes are proposed for this roadway on the master plan. Sidewalks are provided on both sides of the roadway in the Project vicinity.

Via Del Lago: This four-lane divided roadway trends in a north-south direction and is unclassified on the City of Moreno Valley General Plan Circulation Element in the study area.

On-street parking is restricted in the Project vicinity. A Class II bike lane is on the west side of the roadway in the Project vicinity, and a marked shared bike-auto lane is on the east side of the roadway. Sidewalks are not provided on either side of the roadway.

Moreno Beach Drive: This six-lane divided roadway trends in an east-west direction and is classified as a Divided Major Arterial (six-lane divided roadway with 8-foot shoulders) on the City of Moreno Valley General Plan Circulation Element in the study area. On-street parking appears to be restricted in the Project vicinity. Class II bike lanes are on both sides of the roadway in the Project vicinity. Sidewalks are provided on both sides of the roadway.

Iris Avenue: This six-lane divided roadway trends in an east-west direction and is classified as a Divided Major Arterial (six-lane divided roadway with 8-foot shoulders) on the City of Moreno Valley General Plan Circulation Element in the study area. On-street parking appears to be restricted in the Project vicinity. Class II bike lanes are on both sides of the roadway in the Project vicinity.

John F Kennedy Drive: This two-lane divided to four-lane undivided roadway trends in an east-west direction and is classified as a Minor Arterial (four-lane divided or undivided roadway with 5 to 8-foot shoulders) a on the City of Moreno Valley General Plan Circulation Element in the study area. On-street parking appears to be restricted in the Project vicinity. Currently, Class II bike lanes are west of Moreno Beach Drive and Class III bike routes are east of Moreno Beach Drive. Sidewalks are provided on both sides of the roadway.

Transit Facilities:

Route 20 runs along Iris Avenue and Moreno Beach Drive. The closest bus stop to the Project is at the northwest corner of Iris Avenue in front of the Project location.

F.2.a
Packet Pg. 2609 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 79 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Bicycle Facilities Master Plan:

According to the General Plan Bicycle Master Plan, there are proposed bike facilities on Oliver Street and existing bike lanes on Iris Avenue, Nasson Street, Via Del Lago, Moreno Beach Drive, and John F Kennedy Drive.

Designated Truck Routes:

There are no designated truck routes encompassing the Project Site.

Pedestrian Facilities:

Currently, there are no sidewalks or other pedestrian accessible amenities surrounding the Project Site. However, the Proposed Project site plan includes an approximate six-foot-wide sidewalk on the south an eastern portion of the Project Site.

The TIA states the study intersections are forecast to operate within acceptable Levels of Service (C or better) during the peak hours for all analysis scenarios. Therefore, the Proposed Project is forecast to result in no substantial transportation effects relating to Level of Service operations for all analysis scenarios.

The Proposed Project would not impede the implementation of City programs supporting walking, bicycling, and use of buses. Therefore, the Proposed Project would not conflict with any adopted transportation policies, no impact associated with this issue would occur and no mitigation is required.
b) Conflict or be inconsistent with CEQA
Guidelines section 15064.3, subdivision (b)?
Response: Less than Significant Impact
The Proposed Project is forecast to generate a total of approximately 4,346 new daily trips, including 155 new trips during the AM peak hour and 185 new trips during the PM peak hour.

Project design features involve improvements necessary to provide Project Site access. To maintain sufficient storage capacity for the eastbound left-turn lane at the Oliver Street/Iris Avenue intersection, it is recommended that the raised median on the eastbound Iris Avenue approaching Oliver Street be modified to provide a minimum of 285 feet of storage for the leftturn pocket.. Additionally, the Vehicle Miles Traveled Screening Analysis, completed April 11, 2023, concludes that the Proposed Project satisfies the City-established VMT screening criteria as adopted by the City of Moreno Valley and is anticipated to result in a less than significant VMT impact.

Therefore, the Proposed Project is presumed to have a less than significant impact on VMT and no additional VMT modeling or mitigation measures are required. As such, the Proposed Project shall not conflict or be inconsistent with the CEQA Guidelines Section 15064.3, subdivision (b).
c) Substantially increase hazards due to a
geometric design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses
(e.g., farm equipment)?
Response: Less than Significant Impact
The Project is on a 1.31-acre vacant lot located on one corner of a major intersection with no long roadway segments within the property. The design of roadways must provide adequate F.2.a
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
sight distance and traffic control measures. This provision is normally realized through roadway design to facilitate roadway traffic flows. Roadway improvements in and around the Project Site would be designed and constructed to satisfy all City requirements for street widths, corner radii, intersection control as well as incorporate design standards tailored specifically to site access requirements. Adherence to applicable City requirements would ensure the proposed development would not include any sharp curves or dangerous intersections. Therefore, no substantial increase in hazards due to a design feature would occur, resulting in a less than significant impact. No mitigation is required.
d) Result in inadequate emergency access?
Response: No Impact
The Moreno Valley Police Service (located at 22850 Calle San Juan De Los Lagos) is approximately 4.8 miles northwest of the Project Site, and the Moreno Valley Fire Department Station 74 (located at 16110 Lasselle Street) is approximately 1.4 miles southwest of the Project Site. Traffic associated with Project construction may have a temporary effect on existing traffic circulation patterns. The Proposed Project is in an urban setting and direct access to the site will be available via Iris Avenue and Oliver Street which would also accommodate emergency services and evacuation routes. Additionally, the I-60 and I-215, are both within five miles of the Project Site, should the area need to be evacuated. Due to the proximity of emergency services, the urban setting, and availability of access to the site, impacts to emergency access will be less than significant. The Proposed Project will also comply with all of the City’s requirements for emergency access. Therefore, there no significant impacts would occur and no mitigation is required.

Sources:

1. Traffic Impact Analysis Ganddini Group Inc. May 2023.

2. Vehicle Miles Traveled Screening Assessment. Ganddini Group Inc. April 2023.

3. Moreno Valley General Plan, adopted June 15, 2021
• Chapter 5 Circulation Element

4. Final Environmental Impact Report City of Moreno Valley General Plan, certified May 20, 2021
• Section 5.2 – Traffic/Circulation

5. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code

6. Moreno Valley Municipal Code Chapter 3.18 Special Gas Tax Street Improvement Fund

7. Moreno Valley Master Bike Plan, adopted January 2015

8. Riverside County Transportation Commission, Congestion Management Program, December 14, 2011
F.2.a
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XVIII. TRIBAL CULTURAL RESOURCES – Would the project:
a) Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
i) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in
Public Resources Code Section 5020.1(k), or
Response: Less than Significant with Mitigation Incorporated California Assembly Bill 52 (AB52) was approved by Governor Brown on September25, 2014.

AB52 specifies that CEQA projects with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource may have a significant effect on the environment.

As such, the bill requires lead agency consultation with California Native American tribes traditionally and culturally affiliated with the geographic area of a proposed project, if the tribe requested to the lead agency, in writing, to be informed of proposed projects in that geographic area. The legislation further requires that the tribe-requested consultation be completed prior to determining whether a negative declaration, mitigated negative declaration, or environmental impact report is required for a project.

A Phase I Cultural Resources Assessment of Master Plot Plan No. PEN22-0238 and Conditional Use Permit No. PEN 22-0176, dated April 2023, was conducted by a Cultural Resources Consultant, Jean A. Keller. The investigation confirmed that the Project Site does not contain any features or resources listed or eligible for listing in the California Register of Historical Resources or in a local register of historical resources. The Project Site is located in a well-studied area with 11 previous cultural resource studies have been conducted within a one-mile radius, and 22 cultural resource properties been recorded, one of which is located on the Project Site (see Section V). The remaining 21 resource properties encompassing the Project Site are Native American milling locations, including one site having a small rock shelter and midden. Five sites only have a single milling slick, indicating the use by an individual in processing plant food (seed) resources. The remainder have multiple milling features, generally indicating that a small group worked together processing resources or that these were site visited over several seasons and used by a multiple of individuals.

A Sacred Land File report was conducted February 14, 2023, by the Native American Heritage Commission (NAHC). Based on the provided USGS quadrangle information, the search had negative results.

During AB 52 consultation with the City of Moreno Valley, seven tribes were contacted concerning the development of the Proposed Project. The Aqua Caliente Band of Mission Indians and the San Manuel Band of Mission Indians contacted the City regarding the Proposed Project. The Agua Caliente Band of Cahuilla Indians determined that their concerns had been addressed. The San Manuel Band of Mission Indians (SMBMI) determined that the Project Site is outside of Serrano ancestral territory
Therefore, the implementation of Mitigation Measures CUL-1, would reduce impacts to Tribal Cultural Resources defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, to less than significant.

F.2.a
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ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
ii) A resource determined by the lead agency, in its
discretion and supported by substantial
evidence, to be significant pursuant to criteria
set forth in subdivision (c) of Public Resources
Code section 5024.1. In applying the criteria set
forth in subdivision (c) of Public Resources
Code section 5024.1, the lead agency shall
consider the significance of the resource to a
California Native American tribe.

Response: Less than Significant with Mitigation Incorporated A Sacred Land File report was conducted February 14, 2023, by the Native American Heritage Commission (NAHC). Based on the provided USGS quadrangle information, the search had negative results.

During AB 52 consultation with the City of Moreno Valley, the Agua Caliente Band of Cahuilla Indians determined that their concerns had been addressed. The San Manuel Band of Mission Indians (SMBMI) determined that the Project Site is outside of Serrano ancestral territory.

However, to ensure no significant impacts to Tribal Cultural Resources occur, implementation of Mitigation Measures CUL-1 will be required.

Sources:

1. Moreno Valley General Plan, adopted July 11, 2006

2. Final Environmental Impact Report City of Moreno Valley General Plan, certified May 20, 2021

3. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code

4. Moreno Valley Municipal Code Title 7 – Cultural Preservation

5. Cultural Resources Inventory for the City of Moreno Valley, Riverside County, California, prepared by Daniel F. McCarthy, Archaeological Research Unit, University of California, Riverside, October 1987 (This document cannot be provided to the public due to the inclusion of confidential information pursuant to Government Code Section 6254.10.) XIX. UTILITIES AND SERVICE SYSTEMS – Would the project:
a) Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water drainage,
electric power, natural gas, or
telecommunications facilities, the construction
or relocation of which could cause significant
environmental effects?
Response: Less than Significant Impact
Water Infrastructure
Less Than Significant Impact: Water demand for the Proposed Project would be met by the existing Eastern Municipal Water District (EMWD) water distribution system. The project would connect to an existing water line located on Iris Avenue. The EMWD has provided a will serve letter dated November 14,2022 stating it has the capability to provide water service for the F.2.a
Packet Pg. 2613 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 83 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Proposed Project.
4 Therefore, development of the Project would not result in the relocation or construction of new or expanded water facilities that would impact the environment, resulting in a less than significant impact; no mitigation is required.

Wastewater
Less Than Significant Impact: Wastewater collection and treatment would be provided by EMWD. The District is responsible for the collection, transmission, treatment, reclamation, and disposal of wastewater within its service area, which includes the City of Moreno Valley.

Wastewater from the Proposed Project would discharge to the existing sewer lines in Iris Avenue. EMWD operates and maintains four Publicly Owned Treatment Works (POTWs) located in San Jacinto, Moreno Valley, Temecula, and Perris. The Moreno Valley Regional Water Reclamation Facility provides service for the area of the Project Site. The plant treats approximately 11.5 Million Gallons Per Day (MGD), has a current capacity of 16 MGD, with an ultimate capacity of 18 MGD. Sufficient capacity exists to meet demands of the Proposed Project; a Will Serve letter from EMWD is on-file with the City. 5 Impacts would be less than
significant impact, and no mitigation is required.

Storm Drainage
Less Than Significant Impact: Within the Project Site, the highest point is along the southerly property line closest to the southeast corner and the existing low point is along the northern property line, close to the northeast corner. The commercial car wash facilities shall be designed such that no runoff from the facility is discharged to the off-site storm drain system.

Development of the Proposed Project would result in new impervious surfaces on-site. The Proposed Project will include an underground infiltration basin with a retention volume of 15,237 CF, located in the northwest side of the Project Site. Additionally, proposed storm drain laterals will collect water from the landscape swale. Proposed storm drain lines will run along the drive aisles and drain northwest toward the proposed underground infiltration chambers. As such, direct infiltration of storm water from impervious surfaces would be captured and would allow for groundwater recharge.

Therefore impacts would be less than significant related to storm water runoff or storm drain systems and no mitigation is required.

Electric Power
Less Than Significant Impact: In 2001, the Moreno Valley City Council established the Moreno Valley Utility (MVU). The utility served its first customers on February 6, 2004 in the Promontory Park subdivision at Cactus Avenue and Moreno Beach Drive. MVU serves over 6,500 customers within its service area. The Project would connect to the existing Moreno Valley Utility (MVU) electrical distribution facilities that are adjacent to the Project Site and would not require the construction of new electrical facilities resulting in a less than significant impact, and no mitigation is required.
4 EMWD Will Serve Letter dated November 14, 2022
5 Will Serve Letter from EMWD, November 14, 2022
F.2.a
Packet Pg. 2614 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 84 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Natural Gas
Less Than Significant Impact: Southern California Gas Company (SoCalGas) provides natural gas service to the vicinity and the Project Site. Therefore, the Proposed Project will receive natural gas from SoCalGas by connecting to the existing line along Iris Avenue, south of the Project Site. The existing SoCalGas facilities are expected to sufficiently serve the increased demand of natural gas. In 2021, the Commercial sector of the Southern California Gas Company planning area consumed 98.293612 million therms of natural gas. Based on the CalEEMod emission output tables for the Proposed Project, the estimated natural gas demand is 1,552.59 therms of natural gas per year. The Proposed Project’s estimated annual natural gas consumption compared to the 2020 annual natural gas consumption of the overall Industry Sector in the Southern California Gas Company Planning Area would account for approximately

0.0015795 percent of total natural gas consumption. Therefore, the natural gas demand from the Proposed Project would represent an insignificant percentage to the overall demand in SoCalGas’ service area, and no mitigation is required.

Telecommunications
Less Than Significant Impact: Development of the Project would require a connection to telecommunication services for internet service and phone service. Connection to existing services is available adjacent to the Project Site at Iris Avenue. The Proposed Project’s demand for services is anticipated to be minimal based on the uses proposed. Therefore, development of the Project would not require the relocation or construction of new communications facilities resulting in a less than significant impact, and no mitigation is required.

The Proposed Project would be an acceptable use within the Commercial land use category.

Therefore, the Proposed Project is not anticipated to require or result in the relocation or construction of new expanded water, wastewater treatment, storm water drainage, electrical power, natural gas, or telecommunications facilities; the construction or relocation of which could cause significant environmental effects. No significant adverse impacts are identified or anticipated, and no mitigation measures are required.
b) Have sufficient water supplies available to serve
the project and reasonably foreseeable future
development during normal, dry and multiple
dry years?
Response: Less than Significant Impact
According to the Eastern Municipal Water District’s Urban Water Management Plan (UWMP) prepared by Water Systems Consulting, Inc. in 2021, EMWD has a diverse portfolio of local and imported water supplies. Local supplies include recycled water, potable groundwater, and desalinated water. Additionally, the EMWD receives imported water from the Metropolitan Water District of Southern California. During a multiple dry-year period, the EMWD’s total water supply is projected to be 184,700 acre-feet (AF) by 2040, while the total water demand is projected to be 184,700 AF in the same year, resulting in neither surplus nor deficit. The Proposed Project is an acceptable use within the Planned Commercial land use area. As identified in the UWMP, the EMWD has the ability to meet current and projected water demands through 2040 during normal, historic single-dry and historic multiple-dry year periods using imported water from Metropolitan Water District (MWD) with existing supply resources.

Additionally, the anticipated available water supply within EMWD’s service area would be F.2.a
Packet Pg. 2615 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 85 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
greater than the demand for water in the future, which indicates that EMWD has available capacity to serve the Project without requiring the construction of new water facilities beyond those that would be developed within the Project site to serve the future residences.

Therefore, because the Proposed Project has sufficient water sources, and will not significantly impact the City of Moreno Valley’s water supply, impacts are considered less than significant, and no mitigation measures are required.
c) Result in a determination by the wastewater
treatment provider which serves or may serve
the project that it has adequate capacity to serve
the project's projected demand in addition to the
provider's existing commitments?
Response: Less than Significant Impact
Wastewater flows from the Project Site would be collected and treated by EMWD and would be conveyed to the Moreno Valley Regional Water Reclamation Facility (MVRWRF) located in the southwestern portion of the City. EMWD has provided a Will Serve letter dated November 14, 2022 indicating it is willing to provide water and sewer service to the Proposed Project. The Proposed Project would not require the construction of a new water or wastewater treatment facilities or expansion of existing facilities, which could cause significant environmental effects; and impacts related to this issue would be considered less than significant. No mitigation is required.
d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the
attainment of solid waste reduction goals?
Response: Less than Significant Impact
Solid waste collection is a “demand-responsive” service and current service levels can be expanded and funded through user fees without difficulty. Solid waste generated by the Proposed Project will be disposed of in the Riverside County Waste Management Department’s Badlands Landfill located at 31125 Ironwood Avenue approximately 5 miles northeast of the Project Site. The Badlands Sanitary Landfill has a maximum daily permitted throughput of 5,000 tons per day, a remaining capacity of 7,800,000 cubic yards, and an estimated cease operation date in 2059. Based on the CalRecycle Solid Waste Generation Rates, the 57,064 square-foot Project Site is expected to generate approximately 285.32 lbs of solid waste per day or 0.14 tons per day. As adequate daily surplus capacity exists at the receiving landfill, development of the Proposed Project would not significantly impact current operations or the expected lifetime of the landfill serving the project area. Therefore, a less than significant impact would occur, and no mitigation is required.
e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
Response: No Impact
All land uses that generate waste within the City of Moreno Valley during construction and operations are required to coordinate with the City’s contracted waste hauler, Waste Management Inc., to schedule waste and recycling pickup as established in applicable local, F.2.a
Packet Pg. 2616 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 86 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
regional, and state programs that mandate recycling, organic waste diversion, and other practices result in reduced waste generation. With the passage of AB 341, each jurisdiction in California is required to meet the mandatory state diversion goal of 75% by and after the year 2020.

In addition, the City’s Building Code requires the Project Applicant to complete and submit a Waste Management and Recycling Plan for approval prior to issuance of building permits. This Waste Management and Recycling Plan would identify the Project type and would estimate the amount of materials to be recycled during construction. Set forth in Section 5.408.1 of the California Green Code, it is required that demolition and construction activities recycle or reuse a minimum of 65 percent of the nonhazardous construction and demolition waste.

Additionally, the Proposed Project would be required to complete a Diversion Report for review by the City’s Building Department to demonstrate that the required recycling minimum percent of its construction waste. All development within the City is required to comply with applicable elements of AB 1383, Chapter 18 (California Solid Waste Reuse and Recycling Access Act of 1991), Title 8.80 Recycling and Diversion of Construction and Demolition Waste of the City Municipal Code, AB 341 establishing a 75% diversion goal statewide, and other local, state, and federal solid waste disposal standards, thereby ensuring that the solid waste stream to the waste disposal facilities is reduced in accordance with existing regulations. Therefore, the Proposed Project would be required to comply with all regulations related to solid waste under federal, state, and local statutes resulting in no impact.

Sources:

1. Moreno Valley General Plan, adopted June 15, 2021.

2. Final Environmental Impact Report City of Moreno Valley General Plan, certified July 11, 2006

3. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code

4. Moreno Valley Municipal Code Chapter 8.10 Stormwater/Urban Runoff Management and Discharge Controls

5. Moreno Valley Municipal Code Section 8.21.170 National Pollutant Discharge Elimination System (NPDES).

6. Moreno Valley Municipal Code Chapter 8.80 – Recycling and Diversion of Construction and Demolition Waste

7. California Department of Conservation, CalRecycle Database.

8. Eastern Municipal Water District. Public Map Portal. https://mapportal.emwd.org/

9. Eastern Municipal Water District “Will Serve” Letter dated November 14, 2022

10. Eastern Municipal Water District Urban Water Management Plan. July 1, 2021

11. Riverside County. Gas Transmission Pipeline Interactive Map. https://socalgas.maps.arcgis.com/apps/webappviewer/index.html?id=aaebac8286ea4e 4b8e425e47771b8138
F.2.a
Packet Pg. 2617 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 87 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XX. WILDFIRE – If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan?
Response: No Impact
The Project Site is not located within a Fire Hazard Severity Zone, as identified by the Moreno Valley General Plan, Map S-5: Fire Hazard Severity Zones. The nearest fire hazard zone to the Project Site is located approximately 0.3 miles southeast of the site in the Bernasconi Hills. The Moreno Valley Local Hazard Mitigation Plan (LHMP) (Figure 12-2) identifies that Iris Avenue and Oliver Street are both Primary Evacuation Routes. Additionally, The General Plan states that I-215 and SR-60 are both major roadways that would constitute evacuation routes in the event of an emergency. The Project Site is located within a Local Response Area (LRA) and surrounded by developed property (residential) to the southeast with vacant property routinely disked for weed abatement to the northwest.6 Due to the site being surrounded by developed property and vacant property devoid of native vegetation (i.e., fuel), there is a significantly minimized threat of wildfires occurring in the surrounding area. In addition, Riverside County Fire Department 91 is located at 16110 Lasselle Street, approximately 1.35 miles from the Project Site provides urban fire response. Therefore, development of the Proposed Project would not substantially impair an adopted emergency response plan or emergency evacuation plan in the case of a wildfire, and the Project would not have a significant effect on any emergency response or evacuation procedures; no mitigation measure are required. b) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and thereby
expose project occupants to, pollutant
concentrations from a wildfire or the
uncontrolled spread of a wildfire?
Response: No Impact
The Project Site is not located within a Fire Hazard Severity Zone. The Project Site is primarily flat, and construction of the Proposed Project would include pre-construction grading.

Additionally, the site is located within a predominately developed region with no wildlands located on or adjacent to the Project Site. Typically, wildland fire hazards are of concern where development is adjacent to wildland areas, otherwise known as Wildland Urban Interface. The Project Site is not within any Wildland Urban Interface areas, as identified in the California Department of Forestry and Fire Protection’s Fire and Resource Assessment Program (FRAP).

Therefore, the Project would not exacerbate wildfire risks, thereby exposing Project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire, and no impacts would occur.
6 CALFIRE FHSZ Viewer: https://egis.fire.ca.gov/FHSZ/
F.2.a
Packet Pg. 2618 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 88 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines
or other utilities) that may exacerbate fire risk or
that may result in temporary or ongoing impacts
to the environment?
Response: No Impact
The Project Site is currently vacant and consists of a mix-ruderal plant community.

Implementation of the Proposed Project would eliminate the existing vegetation on-site and provide a paved foundation, thereby reducing the risk of wildfire. Per the General Plan, the Proposed Project is required to be consistent with the California Building Code Chapter 7A, the International Wildland-Urban Interface Code, and the Moreno Valley Municipal Code Chapter

8.36: California Fire Code. None of the Proposed Project improvements would require the installation of any new infrastructure thereby exacerbating fire risk No impact would occur. d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
Response: No Impact
The Project Site is not located on or near hilly terrain and is not located in a FEMA 100- or 500- year floodplain. The Project Site is located in Class V (Moderate Risk) of the Landslide Susceptibility Classes, as shown in the General Plan, Map S-3: Landslide Hazards. The majority of the Project Site’s surrounding land uses are primarily flat and graded towards the southeast. Additionally, the Moreno Valley LHMP Slope Analysis does not identify the Project Site or its surrounding land uses in having any significant sloping elevation. Therefore, the Proposed Project would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire stability, or drainage change and no impact would occur.

Sources:

1. Moreno Valley General Plan, adopted June 15, 2021.

2. Final Environmental Impact Report City of Moreno Valley General Plan, certified July 11, 2006

3. Title 9 – Planning and Zoning of the Moreno Valley Municipal Code

4. Moreno Valley Local Hazard Mitigation Plan, City of Moreno Valley Fire Department, adopted October 4, 2011, amended 2022,
http://www.moval.org/city_hall/departments/fire/pdfs/haz-mit-plan.pdf

5. Emergency Operations Plan, City of Moreno Valley, March 2009, http://www.moval.org/city_hall/departments/fire/pdfs/mv-eop-0309.pdf

6. CALFIRE FHSZ Viewer: https://egis.fire.ca.gov/FHSZ/
F.2.a
Packet Pg. 2619 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 89 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XXI. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to
substantially degrade the quality of the
environment, substantially reduce the habitat of
a fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels,
threaten to eliminate a plant or animal
community, substantially reduce the number or
restrict the range of a rare or endangered plant
or animal or eliminate important examples of the
major periods of California history or prehistory?
Response: Less than Significant with Mitigation Incorporated Based on a Biological Resources Assessment (BRA), Jurisdictional Delineation, and MSHCP Consistency Analysis prepared by Jennings Environmental, LLC in February 2023, portions of the Project Site and the immediate surrounding area do provide suitable habitat for nesting birds. There are mature trees in the adjacent neighborhoods and the vacant lands provide suitable habitat for other ground nesting species (i.e. killdeer (Charadrius vociferus)). Therefore, possible significant adverse impacts have been identified or are anticipated and Mitigation Measure BIO-1 is required as a condition of project approval to reduce these impacts to a level below significant. The Proposed Project would not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or a wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, and reduce the number or restrict the range of a rare or endangered plant or animal with implementation of Mitigation Measure BIO-1. No additional mitigation is warranted.

A Phase I Cultural Resources Assessment of Master Plot Plan No. PEN22-0238 and Conditional Use Permit No. PEN 22-0176, dated April 2023, was conducted by a Cultural Resources Consultant, Jean A. Keller. A records search was also conducted by staff at the Eastern Information Center on March 29, 2023, indicated that the subject property had been involved in one previous cultural resources study, conducted in 2017 by LSA. Entitled “Cultural Resources Assessment, Sater Arco Project, City of Moreno Valley, Riverside County, California” (RI- 10128), the study included the entirety of what is now PEN22-0238 and PEN22- 0176. During the course of the field survey, a single isolated artifact of historical origin, P-33- 027260, was recorded approximately 130 feet northwest of the intersection of Iris Avenue and Oliver Road. The artifact was a fragment of a pre-WWII riveted steel irrigation pipe. The report determined that isolated artifacts, particularly those of historic-period origin that have no specific association are generally considered not significant and therefore, are not “historical resources” under the California Environmental Quality Act (CEQA). The artifact was left in situ, or its original place and no further research was recommended.

The Project Site is located in a well-studied area, with 11 previous cultural resources studies having been conducted within a one-mile radius, most of which have large acreage. During the course of these studies, 22 cultural resources properties have been recorded, one of which was located on the Project Site. With the exception of the isolated historical-era artifact found on the Project Site, all of the remaining sites are Native American bedrock milling sites, although one site also has a small rock shelter and midden. No significant archaeological sites have been recorded in less than a one-half mile radius of the subject property. However, due to the existence of a historical artifact on the Project Site, the presence of another irrigation feature off property, and the number of Native American milling sites within a one mile radius, LSA recommended part-time archaeological monitoring of grading, which would be addressed with F.2.a
Packet Pg. 2620 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Beyond Food Mart Oliver and Iris Page 90 City of Moreno Valley

ISSUES & SUPPORTING
INFORMATION SOURCES:

Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Mitigation Measure CUL-1. Therefore, with the adherence to Mitigation Measure CUL-1, the Proposed Project will have a less than significant impact on historic or archaeological resources within the Project Site and surrounding land uses.
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively considerable”
means that the incremental effects of a project
are considerable when viewed in connection
with the effects of past projects, the effects of
other current project, and the effects of probable
future projects.)?
Response: Less than Significant Impact
Cumulative impacts are defined as two or more individual affects that, when considered together, are considerable or that compound or increase other environmental impacts. The cumulative impact from several Projects is the change in the environment that results from the incremental impact of the development when added to the impacts of other closely related past, present, and reasonably foreseeable or probable future developments. Cumulative impacts can result from individually minor, but collectively significant, developments taking place over a period. The CEQA Guidelines, Section 15130 (a) and (b), states:
(a) Cumulative impacts shall be discussed when the Project’s incremental effect is cumulatively considerable.
(b) The discussion of cumulative impacts shall reflect the severity of the impacts and their likelihood of occurrence, but the discussion need not provide as great detail as is provided of the effects attributable to the Project. The discussion should be guided by the standards of practicality and reasonableness.

No potential impacts associated with the Proposed Project would be considered individually adverse or unfavorable. The Proposed Project is a compatible use identified in and previously evaluated as part of the City of Moreno Valley’s General Plan and Municipal Code. No additional potential cumulative adverse impacts are identified or are anticipated, and no additional mitigation measures are required.
c) Does the project have environmental effects
which will cause substantial adverse effects on
human beings, either directly or indirectly?
Response: Less than Significant Impact
Incorporation of mitigation measures, City of Moreno Valley’s policies, standards, and guidelines would ensure that the Proposed Project would have no substantial adverse effects on human beings, either directly or indirectly on an individual or cumulative basis. Therefore, a less than significant impact is anticipated.

F.2.a
Packet Pg. 2621 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Exhibit B

MITIGATION MONITORING AND REPORTING PROGRAM
F.2.a
Packet Pg. 2622 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) MMRP
City of Moreno Valley Beyond Food Mart Oliver and Iris
3-17
Mitigation Monitoring and Reporting Program
Introduction
The California Environmental Quality Act (CEQA) requires a lead or public agency that approves or carries out a project for which an Mitigated Negative Declaration has been certified which identifies one or more significant adverse environmental effects and where findings with respect to changes or alterations in the project have been made, to adopt a “…reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment” (CEQA, Public Resources Code Sections 21081, 21081.6).

F.2.a
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F.2.a
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TABLE 1: MITIGATION MONITORING AND REPORTING PROGRAM

MITIGATION MEASURE ACTION AND TIMING
Responsible for

ENSURING COMPLIANCE
/ VERIFICATION
DATE

COMPLETED

During construction, exhaust emissions from construction vehicles and equipment and fugitive dust generated by
In Construction Plans and Specifications.

Prior to Demolition, Grading and
Building Permits
City of Moreno Valley
Building and Safety
Division
F.2.a
Packet Pg. 2625 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) MMRP
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MITIGATION MEASURE ACTION AND TIMING
Responsible for

ENSURING COMPLIANCE
/ VERIFICATION
DATE

COMPLETED

1. To reduce emissions, all equipment used in grading and construction must be tuned and maintained to the
manufacturer’s specification to maximize efficient
burning of vehicle fuel.

2. The Project Proponent shall ensure that existing power sources are utilized where feasible via temporary
power poles to avoid on-site power generation during
construction.

3. The Project Proponent shall ensure that construction personnel are informed of ride sharing and transit
opportunities.

4. All buildings on the Project Site shall conform to energy use guidelines in Title 24 of the California
Administrative Code.

5. The operator shall maintain and effectively utilize and schedule on-site equipment in order to minimize
exhaust emissions from truck idling.

F.2.a
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City of Moreno Valley Beyond Food Mart Oliver and Iris
3-21

MITIGATION MEASURE ACTION AND TIMING
Responsible for

ENSURING COMPLIANCE
/ VERIFICATION
DATE

COMPLETED

Surveys to be conducted if construction
occurs during the nesting period of
February 1 through September 15.

City of Moreno Valley
Community Development
Department
F.2.a
Packet Pg. 2627 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) MMRP
City of Moreno Valley Beyond Food Mart Oliver and Iris
3-22

MITIGATION MEASURE ACTION AND TIMING
Responsible for

ENSURING COMPLIANCE
/ VERIFICATION
DATE

COMPLETED

F.2.a
Packet Pg. 2628 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) MMRP
City of Moreno Valley Beyond Food Mart Oliver and Iris
3-23

MITIGATION MEASURE ACTION AND TIMING
Responsible for

ENSURING COMPLIANCE
/ VERIFICATION
DATE

COMPLETED

City of Moreno Valley
Community Development
Department
F.2.a
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City of Moreno Valley Beyond Food Mart Oliver and Iris
3-24

MITIGATION MEASURE ACTION AND TIMING
Responsible for

ENSURING COMPLIANCE
/ VERIFICATION
DATE

COMPLETED

F.2.a
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TABLE 2: EXISTING PLANS, PROGRAMS, OR POLICIES
PPP Action and Timing
Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials

Compliance with Rule
402. Construction.

Compliance with Rule
403. Construction.

City of Moreno Valley
Community Development
Department
F.2.a
Packet Pg. 2631 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) MMRP
City of Moreno Valley Beyond Food Mart Oliver and Iris
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“Low-Volatile Organic Compounds” paints (no more than 50 gram/liter of VOC) and/or High Pressure Low Volume (HPLV) applications shall be used.

Pay MSHCP fee.

Prior to Grading Permit.

City of Moreno Valley
Community Development
Department

GEOLOGY
PPP GEO-1: California Building Code. The Project is required to comply with the California Building Code as included in the City’s Municipal Code Chapter

8.20 to preclude significant adverse effects associated with seismic hazards.

Comply with California
Building Cod. Prior to
Grading Permit.

City of Moreno Valley
Community Development
Department

Comply with CalGreen
efficient energy
specifications. Prior to
building permit.

City of Moreno Valley
Community Development
Department

Pay SB 50 school fees.

Prior to building permits.

City of Moreno Valley
Community Development
Department
F.2.a
Packet Pg. 2632 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) MMRP
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PPP PS-2: Park Fees. As a condition of the approval of a residential development, the project shall pay applicable park related fees and/or dedicate parkland pursuant to Municipal Code Section 3.38.080 and Chapter 3.40.

Pay applicable park fees.

Prior to building permits.

City of Moreno Valley
Community Development
Department

Review and approval of
SWPPP. Prior to Grading
Permit.

Review and approval of
WQMP. Prior to Grading
Permit.

City of Moreno Valley
Community Development
Department
F.2.a
Packet Pg. 2633 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) Exhibit C

NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION F.2.a
Packet Pg. 2634 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART)

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 (PEN22-0238) and Conditional Use Permit (PEN22-0176) Applicant: Beyond Food Mart, Inc.

Owner: Tabel Center, LLC
Representative: Michael Ramirez
Location: Northwest corner of the intersection of Iris Avenue and Oliver Street (APN: 486-310-038) Proposal: A request to develop a project site containing approximately 1.31 acres and operate an eight (8) island fueling station, six (6) vehicle charging stations, a 7,400 square foot convenience store, and a 1,790 square foot drive-thru carwash.

Council District: 4
This Notice of Intent 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 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 Proposed Project consists of a proposal for a Master Plot Plan (PEN22-0238) and Conditional Use Permit (PEN22-0176) that provides for the development and operation of an eight (8) island fueling station, six (6) vehicle charging stations, a 7,400 square foot convenience store, and a 1,790 square foot drive-thru carwash on a site containing 1.31 acres within the Downtown Center (DC) zone. The Proposed Project design also includes auto parking areas, landscaping, lighting, 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 Initial Study/Mitigated Negative Declaration and all documents incorporated and/or referenced therein can be reviewed during normal business hours (7:30 a.m. to 5:30 p.m., Monday through Thursday and Friday, 7:30 a.m. to 4:30 p.m.) at the City of Moreno Valley Planning Division counter, located at 14177 Frederick Street, Moreno Valley, CA 92553. The documents may also be reviewed on the City’s website at http://www.morenovalley.ca.us/cdd/documents/about-projects.html Potential Environmental Impacts: The City of Moreno Valley has prepared an Initial Study to determine the environmental effects associated with the above actions and finds the issuance of a Mitigated Negative Declaration is the appropriate level of environmental review. The Initial Study/Mitigated Negative Declaration concludes that all potentially significant impacts of the Project would be mitigated to a less than significant level.

Comment Deadline: Pursuant to Section 15105(b) of the CEQA Guidelines, the City has established a 20-day public review period for the Initial Study/Mitigated Negative Declaration, which begins on October 13, 2023, and ends November 2, 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 November 1, 2023. Written comments on the Initial Study/Mitigated Negative Declaration should be addressed to:

Oliver Mujica, Contract Planner
14177 Frederick Street
Post Office Box 88005
Moreno Valley, California 92552 Phone: (951) 413-3215
Email: [email protected]
Press-Enterprise October 13, 2023
Sean Kelleher Newspaper Date of Publication
Community Development Director
Community Development Department
F.2.a
Packet Pg. 2635 Attachment: Resolution No. 2023-XX - Initial Study/MND [Revision 4] (6478 : BEYOND FOOD MART) 1 Resolution No. 2023-XX
December 19, 2023
RESOLUTION NUMBER 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, APPROVING A MASTER PLOT PLAN (PEN22- 0238) AND CONDITIONAL USE PERMIT (PEN22-0176) FOR THE

BEYOND FOOD MART LOCATED ON THE NORTHWEST CORNER OF
IRIS AVENUE AND OLIVER STREET (APN: 486-310-038)
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California, and
WHEREAS, Beyond Food Mart, Inc. (“Applicant”) has submitted applications for a Master Plot Plan (PEN22-0238) for a 1.31-acre commercial development (57,063 square feet); and a Conditional Use Permit (PEN22-0176) for the operation of an eight (8) island fueling station, six (6) vehicle charging stations, market (7,400 square feet), and drivethru carwash (1,790 square feet) (“Proposed Project”), located at the northwest corner of Iris Avenue and Oliver Street (APN: 486-310-038), within the Downtown Center (DC) District (“Project Site”); and
WHEREAS, the applications for the Proposed Project have been evaluated in accordance with Section 9.02.070 (Plot Plans) and 9.02.060 (Conditional Use Permits), respectively, of the Municipal Code with consideration given to the City’s General Plan, Zoning Ordinance, and other applicable laws and regulations; and WHEREAS, Section 9.02.070 (Plot Plans) 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 or City Council, when jurisdiction is assumed, to address on-site improvements, off-site improvements, the manner in which the site is used and any other conditions as may be deemed necessary to protect the public health, safety and welfare and ensure that the Proposed Project will be developed in accordance with the purpose and intent of Title 9 (“Planning and Zoning”) of the Municipal Code; and
WHEREAS, Section 9.02.020 (Permitted Uses) provides that Auto Service Stations with accessory uses including vehicle charging stations, markets, and drive-thru carwashes are allowed within the Downtown Center (DC) District, with a properly secured Conditional Use Permit approved by the Planning Commission or City Council, when jurisdiction is assumed, when the use is located 300 feet or less from a residential zone or use; and
WHEREAS, the parcels to the east of the Project Site across Oliver Street are within 300 feet and developed with single-family residences within the Residential Medium Low (ML) District of the Moreno Valley Ranch Specific Plan (SP193), and the parcels to the south of the Project Site across Iris Avenue are also within 300 feet and developed with single-family residences within the Residential Medium Low (ML) District of the Moreno Valley Ranch Specific Plan (SP193); and
F.2.l
Packet Pg. 2636 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) 2 Resolution No. 2023-XX
December 19, 2023
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 (Conditional Use Permits) 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 or City Council, when jurisdiction is assumed, 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 Section 9.02.060 (Conditional Use Permits) of the Municipal Code, at the public hearing the Planning Commission or City Council, when jurisdiction is assumed, considered Conditions of Approval to be imposed upon Conditional Use Permit (PEN22-0176), 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, consistent with the requirements of Section 9.02.070 (Plot Plans) of the Municipal Code, at the public hearing, the City Council considered Conditions of Approval to be imposed upon Master Plot Plan (PEN22-0238), 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, on November 9, 2023, a hearing was conducted by the Planning Commission whereby the Planning Commission voted unanimously 7-0 to adopt Planning Commission Resolution No. 2023-47 adopting the MND and the MMRP for the Proposed Project, and adopt Planning Commission Resolution 2023-48 approving the Proposed Project; and
WHEREAS, pursuant to the provisions of Section 9.02.200 (Public Hearing and Notification Procedures) of the Municipal Code, a public hearing was scheduled for December 19, 2023, and notice thereof was duly published, posted, and mailed to all property owners of record within 600 feet of the Project Site; and F.2.l
Packet Pg. 2637 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) 3 Resolution No. 2023-XX
December 19, 2023
WHEREAS, on December 19, 2023, the public hearing to consider the Proposed Project was duly conducted by the City Council, at which time all interested persons were provided with an opportunity to testify and present evidence; and WHEREAS, at the public hearing, the City Council considered whether each of the requisite findings specified in Section 9.02.070 (Plot Plans) of the Municipal Code and set forth herein could be made concerning the Proposed Project as conditioned by Conditions of Approval; and
WHEREAS, at the public hearing, the City Council considered whether each of the requisite findings specified in Section 9.02.060 (Conditional Use Permits) of the Municipal Code and set forth herein could be made concerning the Proposed Project as conditioned by Conditions of Approval; and
WHEREAS, on December 19, 2023, in accordance with the provisions of the California Environmental Quality Act (CEQA1) and CEQA Guidelines2, the City Council adopted Resolution No. 2023-XX, adopting a Mitigated Negative Declaration and approving the Mitigation Monitoring and Reporting Program for the Proposed Project.

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

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

Section 2. Notice
That pursuant to Government Code Section 66020(d)(1), notice is hereby given that the Proposed Project is subject to certain fees, dedications, reservations, and other exactions as provided herein, in the staff report and conditions of approval (collectively, “Conditions”); and these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the ninety-day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun.

Section 3. Evidence
That the City Council has considered all 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;

1 Public Resources Code §§ 21000-21177 2 14 California Code of Regulations §§15000-15387 F.2.l
Packet Pg. 2638 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) 4 Resolution No. 2023-XX
December 19, 2023
(b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code and all other relevant provisions referenced therein;
(c) Application for Master Plot Plan (PEN22-0238), including Resolution No. 2023-XX and all documents, records, and references contained therein; (d) Conditions of Approval for Master Plot Plan (PEN22-0238), attached hereto as Exhibit A;
(e) Application for the approval of Conditional Use Permit (PEN22-0176), including Resolution No. 2023-XX and all documents, records, and references contained therein;
(f) Conditions of Approval for Conditional Use Permit (PEN22-0176), attached hereto as Exhibit B;
(g) Staff Report and Resolutions prepared for the Planning Commission’s consideration and all documents, records, and references related thereto, and Staff’s presentation at the public hearing; and
(h) Testimony, comments, and correspondence from all persons that were provided at, or prior to, the November 9, 2023, Planning Commission public hearing; and
(i) Planning Division Staff Report prepared for the City Council’s consideration and all documents, records, and references related thereto, and Planning Division Staff’s presentation at the public hearing; and (j) Testimony, and/or comments from Applicant and its representatives during the 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, the City Council makes the following findings in approving the Proposed Project:
a. The Proposed Project is consistent with the goals, objectives, policies and programs of the General Plan;
b. The Proposed Project complies with all applicable zoning and other regulations;
c. The Proposed Project will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity; d. The location, design and operation of the Proposed Project will be compatible with existing and planned land uses in the vicinity.

Section 5. Approval
That based on the foregoing Recitals, Evidence contained in the Administrative Record and Findings, as set forth herein, the City Council hereby approves the Proposed Project subject to the Conditions of Approval for the Master Plot Plan (PEN22-0238), attached hereto as Exhibit A, and Conditions of Approval for the Conditional Use Permit (PEN22-0176), attached hereto as Exhibit B.

F.2.l
Packet Pg. 2639 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) 5 Resolution No. 2023-XX
December 19, 2023
Section 6. Repeal of Conflicting Provisions
That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

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

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

Section 9. Certification
That the City Clerk for the City Council shall certify to the passage of this Resolution.
[Remainder of Page Intentionally Left Blank]
F.2.l
Packet Pg. 2640 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) 6 Resolution No. 2023-XX
December 19, 2023
PASSED AND ADOPTED THIS 19th DAY OF DECEMBER 2023.

CITY OF MORENO VALLEY

CITY COUNCIL
_____________________________________
Ulises Cabrera,
Mayor of the City of Moreno Valley
ATTEST:
_______________________________
Jane Halstead,
City Clerk
APPROVED AS TO FORM:
_______________________________
Steven B. Quintanilla,
City Attorney
Exhibits:

Exhibit A: Master Plot Plan (PEN22-0238), Conditions of Approval Exhibit B: Conditional Use Permit (PEN22-0176), Conditions of Approval F.2.l
Packet Pg. 2641 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) Exhibit A
Master Plot Plan (PEN22-0238) Conditions of Approval
F.2.l
Packet Pg. 2642 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) Community Development Department
Planning Division
14177 Frederick Street
P. O. Box 88005
Moreno Valley CA 92552-0805
Telephone: 951.413.3206

CITY OF MORENO VALLEY

PROBABLE CONDITIONS OF APPROVAL
Plot Plan (PEN22-0238)

COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division

1. 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.

2. 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.

3. Any expansion to this use or exterior alterations will require the submittal of a separate application(s) and shall be reviewed and approved under separate permit(s). (MC 9.02.080)

4. 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)

5. The expiration date of this modification does not extend the expiration of any related project or activity.

6. 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)

7. In the event the use hereby permitted ceases operation for a period of one (1) year 12/4/2023 Page 1 of 27
F.2.l
Packet Pg. 2643 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) or more, or as defined in the current Municipal Code, this permit may be revoked in accordance with provisions of the Municipal Code. (applicable to CUP's)

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

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

10. 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)

11. 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)

12. 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

13. The site has been approved for a Master Plot Plan (PEN22-0238) and Conditional 12/4/2023 Page 2 of 27
F.2.l
Packet Pg. 2644 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) Use Permit (PEN22-0176) for a commercial development comprised of an eight (8) island fueling station, six (6) vehicle charging stations, 7,400 square foot market, and a 1,790 square foot drive-thru carwash, including a state-of-the-art security system with alarms, surveillance cameras and security lighting, and the prohibition of alcohol beverage sales, on a 1.31-acre site. A change or modification shall require separate approval. For a Conditional Use Permit, violation may result in revocation of the Conditional Use Permit.

14. Prior to the start of any construction, temporary security fencing shall be erected.

The fencing shall be a minimum of six (6) feet high with locking, gated access and shall remain through the duration of construction. Security shall remain in place until the project is completed or the above conditions no longer exist. (Security fencing is required if there is: construction, unsecured structures, unenclosed storage of materials and/or equipment, and/or the condition of the site constitutes a public hazard).

15. Drive-through speaker system for the carwash 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. (MC9.09.080 C.6 and 9.10.140)

16. The use of the carwash and vacuum stations shall be limited to the operating hours of 8:00 a.m. and 10:00 p.m. The use of the carwash and vacuum stations shall be prohibited between 10:00 p.m. and 8:00 a.m.

17. The owner or owner’s representative shall establish and maintain a relationship with the City of Moreno Valley and cooperate with the Problem Oriented Policing (POP) program, or its successors.

18. 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.)

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

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

21. 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.
12/4/2023 Page 3 of 27
F.2.l
Packet Pg. 2645 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART)

22. Prior to issuance of any building permits, final landscaping and irrigation plans shall be submitted for review and approved by the Planning Division. After the third plan check review for landscape plans, an additional plan check fee shall apply. The plans shall be prepared in accordance with the City's Landscape Requirements and shall include:
a. A three (3) foot high decorative wall, solid hedge or berm shall be placed in any setback areas between a public right of way and a parking lot for screening. b. Finger and end planters with required step outs and curbing shall be provided every 12 parking stalls as well as at the terminus of each aisle. c. Drought tolerant landscape shall be used. Sod shall be limited to gathering areas. (or No sod shall be installed)
d. Street trees shall be provided every 40 feet on center in the right of way. e. On-site trees shall be planted at an equivalent of one (1) tree per thirty (30) linear feet of the perimeter of a parking lot and per thirty linear feet of a building dimension for the portions of the building visible from a parking lot or right of way .

Trees may be massed for pleasing aesthetic effects.
f. 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. g. Landscaping on three sides of any trash enclosure.
h. All site perimeter and parking lot landscape and irrigation shall be installed prior to the release of certificate of any occupancy permits for the site or pad in question (master plot plan). [only include items above that apply to the project]

23. 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)

25. Prior to building final, the developer/owner or developer's/owner’s 12/4/2023 Page 4 of 27
F.2.l
Packet Pg. 2646 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) 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)

26. Prior to issuance of building permits, proposed covered trash enclosure(s) shall be included in the Planning review of the Fence and Wall plans. 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 unless located within the truck loading area. Approved design plans shall be included in a Building submittal (Fence and walls or building design plans). (GP Objective 43.6, DG)

27. 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.

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

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

30. At least thirty days prior to issuance of any grading permit, the developer shall retain a qualified archaeologist, provide a letter identifying the name and qualifications of the archaeologist to the Planning Division for approval, to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources and to evaluate and recommend appropriate actions for any archaeological deposits exposed by construction activity.

At least thirty days prior to issuance of a grading permit, the applicant shall provide evidence that contact has been established with the appropriate Native American Tribe(s), providing notification of grading, excavation and the proposed monitoring program and to coordinate with the City and Tribe(s) to develop a cultural resources treatment and monitoring agreement. The agreement shall address treatment of known cultural resources, the designation, responsibilities and participation of Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site.
12/4/2023 Page 5 of 27
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Packet Pg. 2647 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) A report documenting the proposed methodology for grading monitoring shall be submitted to and approved by the Planning Division prior to issuance of any grading permit. The monitoring archaeologist shall be empowered to stop and redirect grading in the vicinity of an exposed archaeological deposit until that deposit can be fully evaluated. The archaeologist shall consult with affected Tribe(s) to evaluate any archaeological resources discovered on the project site. Tribal monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have authority to stop and redirect grading activities in consultation with the project archaeologist.

The property owner shall relinquish ownership to the Tribe(s) of all Native American cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project site for proper treatment and disposition. All sacred sites, should they be encountered with the project site, shall be avoided and preserved as the preferred mitigation.

If any inadvertent discoveries of subsurface archaeological or cultural resources occur during grading, the applicant, project archaeologist, and Tribe(s) shall assess the significance of such resources and shall meet and confer regarding mitigation of such resources. Avoidance is the preferred method of preservation of archaeological resources. If the applicant, project archaeologist and Tribe(s) cannot agree on the significance or mitigation for such resources, the issue(s) will be presented to the Planning Official with adequate documentation. The Official shall make a determination based on the provisions of CEQA and consideration of the religious beliefs, customs and practices of the Tribe(s).

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

32. 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)

33. 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.
12/4/2023 Page 6 of 27
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Packet Pg. 2648 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) 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).

34. Prior to issuance of grading permits, the developer shall submit wall/fence plans to the Building and Safety Division for review and approval by the Planning Division 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.
d. Proposed screening walls for truck loading areas and required loading docks shall also include decorative block walls with pilasters with a height of up to fourteen (14) feet to fully screen trucks (industrial and some situations with commercial uses). e. 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) [select those that apply] Prior to Building Final or Occupancy

35. 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).

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

37. 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).

38. Prior to building final or Certificate of Occupancy, the owner or owner’s representative shall provide documentation to the Planning Division that they have 12/4/2023 Page 7 of 27
F.2.l
Packet Pg. 2649 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) contacted the Moreno Valley Police Department to establish and maintain a relationship with the City of Moreno Valley Police Department and cooperate with the Problem Oriented Policing (POP) program, or its successors. [multi-family, night clubs, liquor stores]
Building Division

39. 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.

40. 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.

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

42. Any construction within the city shall only be completed between the hour of seven a.m. to seven p.m. Monday through Friday, excluding holidays and from eight a.m. to four p.m. on Saturday, unless written approval is obtained from the city building official or city engineer (Municipal Code Section 8.14.040.E).

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

44. The proposed development is subject to the payment of applicable processing fees as required by the City’s current Fee Ordinance at the time a building permit application is submitted or prior to the issuance of permits as determined by the City.

45. 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.

46. 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.

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

48. 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. 12/4/2023 Page 8 of 27
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Packet Pg. 2650 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART)

49. 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)

50. 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.

FIRE DEPARTMENT
Fire Prevention Bureau

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

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

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

54. Prior to construction, all locations where structures are to be built shall have an approved Fire Department access based on street standards approved by the Public Works Director and the Fire Prevention Bureau. (CFC 501.4) 12/4/2023 Page 9 of 27
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Packet Pg. 2651 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART)

55. Prior to issuance of Building Permits, the applicant/developer shall provide the Fire Prevention Bureau with an approved site plan for Fire Lanes and signage. (CFC 501.3)

56. Prior to issuance of Certificate of Occupancy or Building Final, “Blue Reflective Markers” shall be installed to identify fire hydrant locations in accordance with City specifications. (CFC 509.1 and MVLT 440A-0 through MVLT 440C-0)

57. Prior to issuance of 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])

58. 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)

59. 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.

60. Final fire and life safety conditions will be addressed when the Fire Prevention Bureau reviews building plans. These conditions will be based on occupancy, use, California Building Code (CBC), California Fire Code (CFC), and related codes, which are in effect at the time of building plan submittal.

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

8.36.100)

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

63. Prior to issuance of Building Permits, the applicant/developer shall participate in the Fire Impact Mitigation Program. (Fee Resolution as adopted by City Council)

64. Fire lanes and fire apparatus access roads shall have an unobstructed width of not 12/4/2023 Page 10 of 27
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Packet Pg. 2652 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) 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])

65. 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])

66. 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)

67. 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)

68. 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)

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

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

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

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

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

The applicant/developer shall provide documentation to show there exists a water system capable of delivering said waterflow for 2 hour(s) duration at 20-PSI residual operating pressure. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection 12/4/2023 Page 11 of 27
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Packet Pg. 2653 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) measures as approved by the Fire Prevention Bureau. Specific requirements for the project will be determined at time of submittal. (CFC 507.3, Appendix B)

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

75. Prior to 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)

76. 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)

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

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

Contain a Fire Prevention Bureau approval signature block; and c. Conform to hydrant type, location, spacing of new and existing hydrants and minimum fire flow required as determined by the Fire Prevention Bureau. 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.

FINANCIAL & MANAGEMENT SERVICES DEPARTMENT
Moreno Valley Utility

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

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

The Developer shall coordinate and receive approval from the City Engineer to install, construct, improve, and dedicate to the City all utility infrastructure including but not limited to, conduit, equipment, vaults, ducts, wires (including fiber optic 12/4/2023 Page 12 of 27
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Packet Pg. 2654 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) cable), switches, conductors, transformers, and “bring-up” facilities including electrical capacity to serve the identified development and other adjoining, abutting, or benefiting projects as determined by Moreno Valley Utility – collectively referred to as “utility system” (to and through the development), along with any appurtenant real property easements, as determined by the City Engineer to be necessary for the distribution and/or delivery of any and all “utility services” to and within the project. For purposes of this condition, “utility services” shall mean electric, cable television, telecommunication (including video, voice, and data) and other similar services designated by the City Engineer. “Utility services” shall not include sewer, water, and natural gas services, which are addressed by other conditions of approval.

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

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

The developer will be responsible, at developer’s expense, for any and all costs associated with the relocation of any of Moreno Valley Utility’s underground electrical distribution facilities, as determined by Moreno Valley Utility, which may be in conflict with any developer planned construction on the project site.

81. This project shall coordinate and receive approval from the City Engineer to install, construct, improve, and dedicate to the City fiber optic cable improvements consisting of fiber optic cable, splices and termination equipment to serve the identified development and other adjoining, abutting, or benefiting projects as determined by Moreno Valley Utility along with any appurtenant real property easements, as determined by the City Engineer to be necessary for the distribution and/or delivery of any and all “fiber optic services” to and within the project.

82. This project shall coordinate and receive approval from the City Engineer to install, construct, improve, and dedicate to Moreno Valley Utility fiber optic cable improvements consisting of conduit, and pull boxes to serve the identified development and other adjoining, abutting, or benefiting projects as determined by Moreno Valley Utility along with any appurtenant real property easements, as determined by the City Engineer to be necessary for the distribution and/or delivery of any and all “fiber optic services” to and within the project.

83. This project shall coordinate and receive approval from the City Engineer to install, construct, improve, and dedicate to Moreno Valley Utility electric streetlight improvements consisting of streetlight poles, mast-arms, fixtures conduit, wiring, terminations and pull boxes to serve the identified development and other adjoining, abutting, or benefiting projects as determined by the Land Development Department along with any appurtenant real property easements, as determined by the City Engineer to be necessary for the distribution and/or delivery of any and all “street light services” to and within the project.
12/4/2023 Page 13 of 27
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Packet Pg. 2655 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART)

PUBLIC WORKS DEPARTMENT
Land Development

84. 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.

85. 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]

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

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

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

88. 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.

89. In the event right-of-way or offsite easements are required to construct offsite 12/4/2023 Page 14 of 27
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Packet Pg. 2656 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) 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]

90. 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)]

91. 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]

92. 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.

93. The proposed private storm drain system shall connect to the onsite proposed underground basin and then discharge offsite through an outlet at the northwest corner of the parcel.

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

95. 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 12/4/2023 Page 15 of 27
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Packet Pg. 2657 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) related runoff by having proper best management practices in place and maintained. Water quality BMPs shall be graded per the approved design plans and once landscaping and irrigation has been installed, it and its maintenance shall be turned over to the private owner association (POA) or responsible party for maintenance.

96. 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]

97. Any work performed within public right-of-way requires an encroachment permit.

Prior to Grading Plan Approval

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

99. 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. 100. Emergency overflow areas shall be shown at all applicable drainage improvement locations in the event that the drainage improvement fails or exceeds full capacity. 101. 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.
102. 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 12/4/2023 Page 16 of 27
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Packet Pg. 2658 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) 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 chambers, inlet filter inserts, and vegetated swale. 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. The HCOC designates that the project will be exempt from mitigation requirements based on Exemption 3. 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
103. 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.
104. 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.
105. 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. 12/4/2023 Page 17 of 27
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Packet Pg. 2659 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) 106. 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.
107. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared in conformance with the State’s current Construction Activities Storm Water General Permit. A copy of the current SWPPP shall be kept at the project site and be available for review upon request.
108. 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.
109. 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
110. 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)]
111. 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. 112. 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. 113. 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)]
114. Security, in the form of a cash deposit (preferable), bond or letter of credit shall be submitted as a guarantee of the completion of the grading operations for the project. [MC 8.21.070]
Prior to Improvement Plan Approval
115. The developer is required to bring any existing access ramps adjacent to and 12/4/2023 Page 18 of 27
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Packet Pg. 2660 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) fronting the project to current ADA (Americans with Disabilities Act) requirements.

However, when work is required in an intersection that involves or impacts existing access ramps, all access ramps in that intersection shall be retrofitted to comply with current ADA requirements, unless otherwise approved by the City Engineer. 116. The developer shall submit clearances from all applicable agencies, and pay all applicable plan check fees.
117. The street improvement plans shall comply with current City policies, plans and applicable City standards (i.e. MVSI-160 series, etc.) throughout this project. 118. Drainage facilities (i.e. catch basins, etc.) with sump conditions shall be designed to convey the tributary 100-year storm flows. Secondary emergency escape shall also be provided.
119. 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] 120. 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.
121. Any missing or deficient existing improvements along the project frontage 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.
122. 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.
123. 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. 124. The plans shall indicate any restrictions on trench repair pavement cuts to reflect the 12/4/2023 Page 19 of 27
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Packet Pg. 2661 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) 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.
125. 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 Building Permit
126. An engineered-fill certification, rough grade certification and compaction report shall be submitted for review and approved by the City Engineer. A digital (pdf) copy of the approved compaction report shall be submitted to the Land Development Division. All pads shall meet pad elevations per approved grading plans as noted by the setting of “blue-top” markers installed by a registered land surveyor or licensed civil engineer.
127. 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 west side of Oliver Street (88’ R/W / 64’ CC: Minor Arterial, City Standard No. MVSI-105A-2) along the project frontage.
(b) The necessary street right of way dedication on the north side of Iris Avenue (134’ R/W / 110’ CC: Divided Major Arterial, City Standard No. MVSI-101A-1) for transition, alignment, and/or drainage purposes.
(c) A 4 foot minimum pedestrian right of way dedication behind any driveway approach per City Standard No. MVSl-112C-0, as applicable. (d) 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. 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. 129. A walk through with a Land Development Inspector shall be scheduled to inspect existing improvements within public right of way along project frontage. Any missing, damaged or substandard improvements including ADA access ramps that do not meet current City standards shall be required to be installed, replaced and /or repaired. The applicant shall post security to cover the cost of the repairs and complete the repairs within the time allowed in the public improvement agreement used to secure the improvements.
130. Certification to the line, grade, flow test and system invert elevations for the water quality control BMPs shall be submitted for review and approved by the City 12/4/2023 Page 20 of 27
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Packet Pg. 2662 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) Engineer.
131. All required as-built plans (prepared by a registered/licensed civil engineer) shall be submitted for review and approved by the City Engineer per the current submittal requirements.
132. The final/precise grade certification shall be submitted for review and approved by the City Engineer.
133. 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, landscaping and irrigation, medians, and traffic control devices as appropriate.
b. Storm drain facilities including, but not limited to: storm drain pipe and storm drain laterals.
c. City-owned utilities.
d. Sewer and water systems including, but not limited to: sanitary sewer, potable water, and recycled water.
134. Prior to occupancy, the following improvements shall be completed:

Oliver Street (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 east frontage. Improvements shall consist of, but not be limited to, pavement, base, curb, gutter, sidewalk, driveway approaches, any necessary offsite joins to existing, pedestrian ramps, and dry and wet utilities. Any missing or deficient improvements along the project's east frontage shall be constructed.

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.
135. For commercial, industrial and multi-family projects, a “Stormwater Treatment Device and Control Measure Access and Maintenance Covenant”, "Maintenance Agreement for Water Quality Improvements located in the public right-of-way" and a "Declaration of Restrictive Covenants (encroachment on City easement)" shall be recorded to provide public notice of the maintenance requirements to be implemented per the approved final project-specific WQMP. A boilerplate copy of the covenants and agreements can be obtained by contacting the Land Development Division.
136. The applicant shall ensure the following, pursuant to Section XII. I. of the 2010 NPDES Permit:
a. Field verification that structural Site Design, Source Control and Treatment Control BMPs are designed, constructed and functional in accordance with the approved Final Water Quality Management Plan (WQMP).
b. Certification of best management practices (BMPs) from a state licensed civil engineer. An original WQMP BMP Certification shall be submitted for review and approved by the City Engineer.
12/4/2023 Page 21 of 27
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Packet Pg. 2663 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) 137. The Developer shall comply with the following water quality related items:
a. Notify the Land Development Division prior to construction and installation of all structural BMPs so that an inspection can be performed. b. Demonstrate that all structural BMPs described in the approved final project-specific WQMP have been constructed and installed in conformance with the approved plans and specifications;
c. Demonstrate that Developer is prepared to implement all non-structural BMPs described in the approved final project-specific WQMP; and d. Demonstrate that an adequate number of copies of the approved final project-specific WQMP are available for future owners/occupants. e. Clean and repair the water quality BMP's, including re-grading to approved civil drawing if necessary.
f. Obtain approval and complete installation of the irrigation and landscaping. 138. Prior to occupancy, the following improvements shall be completed:

Iris Avenue (134’ R/W / 110’ CC: Divided Major Arterial, City Standard No.

MVSI-101A-1) shall be constructed to achieve a half-width of 55’ along the entire project's south frontage. Improvements shall consist of, but not be limited to, pavement, base, curb, gutter, sidewalk, driveway approaches, any necessary offsite joins to existing, street lights, pedestrian ramps, and dry and wet utilities. Any missing or deficient improvements along the project's south frontage shall be constructed.

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-101A-1. Any missing or deficient improvements along the project's south frontage shall be constructed prior to issuance of a certificate of occupancy.

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. 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.

This condition must be fully satisfied prior to issuance of the 1st Certificate of 12/4/2023 Page 22 of 27
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Packet Pg. 2664 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) Occupancy. This condition will be satisfied with the successful annexation/formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector(s) will not protest the annexation or formation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings.

Alternatively, the condition can be satisfied by the Developer forming a property owner association that will be responsible for the improvements and any and all operation and maintenance costs for the improvements o
141. Major Infrastructure SFD Major Infrastructure Financing District. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation) to provide an ongoing funding source for the construction and maintenance of major infrastructure improvements, which may include but is not limited to thoroughfares, bridges, and certain flood control improvements. This condition will be applicable provided said district is under development at the time this project applies for the 1st Building Permit. This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful annexation/formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector(s) will not protest the annexation or formation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings. An alternative to satisfying this condition will be identified at such time as a special 142. 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.
12/4/2023 Page 23 of 27
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Packet Pg. 2665 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful annexation/formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector(s) will not protest the annexation or formation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings.

Alternatively, the condition can be satisfied by the Developer funding an endowment in an amount sufficient to yield an annual revenue stream that meets the annual obligation, as calculated by Special Districts Admin staff. The Developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to satisfy this condition.
143. 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 12/4/2023 Page 24 of 27
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Packet Pg. 2666 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) developer must
144. Public Safety Funding. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation ) to provide an ongoing funding source for Public Safety services, which may include but is not limited to Police, Fire Protection, Paramedic Services, Park Rangers, and Animal Control services. This condition will only be applicable provided said district is under development at the time this project applies for the 1st Building Permit.

An alternative to satisfying this condition will be identified at such time as a special financing district has been established. At the time of dev 145. Maintenance Responsibility. The ongoing maintenance of any landscaping required to be installed behind the curb shall be the responsibility of the property owner. 146. Damage. Any damage to existing landscape areas maintained by the City of Moreno Valley due to project construction shall be repaired/replaced by the Developer, or Developer’s successors in interest, at no cost to the City of Moreno Valley.
147. 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.
148. The existing parkway behind the curb will no longer be maintained by the City and will become the responsibility of the property owner. Please coordinate abandonment of existing City irrigation system with Landscape Services at 951-413-3480.

Transportation Engineering Division
149. Conditions of approval may be modified or added if a phasing plan is submitted for 12/4/2023 Page 25 of 27
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Packet Pg. 2667 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) this development.
150. Project driveways shall conform to City of Moreno Valley Standard Plans No.

MVSI-112C-0 for Commercial Driveway Approaches. Access at the project driveways shall be as follows:
- Iris Avenue: Right-Turn In/Out Only (Shared Access)
- Oliver Street: Right-Turn In/Out Only
151. Iris Avenue is classified as a Divided Major Arterial (134'RW/110'CC) per City Standard Plan No. MVSI-101A-1. Any improvement undertaken by this project shall be in conformance with City standards. Communication conduit shall be installed per City Standard Plan No. MVSI-186-0.
152. Oliver Street is classified as a Minor Arterial per City Standard Plan No.

MVSI-105A-2. Any improvements undertaken by this project shall be in conformance with City standards.
153. 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.
154. 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.
155. Prior to the final approval of the street improvement plans, a bus turnout in the westbound direction along Iris Avenue, west of Oliver Street shall be designed per City Standard Plan No. MVSI-161-0. The bus turnout shall be designed to serve as a combination right turn lane/bus bay to the satisfaction of the City Engineer. 156. Prior to the final approval of the street improvement plans, the existing landscaped median on Iris Avenue along the project frontage shall be designed to extend the existing eastbound left-turn lane storage length to a minimum of 285 feet at the Iris Avenue/Oliver Street intersection. Median construction shall include but is not limited to, paving, concrete curbs, landscape, and signs. Exact requirements will be determined during the plan check process.
157. Prior to issuance of a certificate of occupancy, all approved street improvements including the median and bus turnout improvements shall be installed to the satisfaction of the City Engineer.
158. Driveway on Iris Avenue shall be shared driveway and shall be designed to the satisfaction of the City Engineer. An irrevocable shared access agreement shall be provided for APNs 486-310-039, 486-310-041, and 486-310-042 and shall be provided prior to issuance of a building permit.

PARKS & COMMUNITY SERVICES DEPARTMENT
159. This project is subject to current Development Impact Fees. 12/4/2023 Page 26 of 27
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Packet Pg. 2668 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) 12/4/2023 Page 27 of 27
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Packet Pg. 2669 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) Exhibit B
Conditional Use Permit (PEN22-0176) Conditions of Approval F.2.l
Packet Pg. 2670 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) Community Development Department
Planning Division
14177 Frederick Street
P. O. Box 88005
Moreno Valley CA 92552-0805
Telephone: 951.413.3206

CITY OF MORENO VALLEY

PROBABLE CONDITIONS OF APPROVAL
Conditional Use Permit (PEN22-0176)

COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division

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

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. 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.

4. Any expansion to this use or exterior alterations will require the submittal of a separate application(s) and shall be reviewed and approved under separate permit(s). (MC 9.02.080)

5. 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)

6. The expiration date of this modification does not extend the expiration of any related project or activity.

7. This approval shall expire three years after the approval date of this project unless used or extended as provided for by the City of Moreno Valley Municipal Code; otherwise it shall become null and void and of no effect whatsoever. Use means the beginning of substantial construction contemplated by this approval within the three-year period, which is thereafter pursued to completion, or the beginning of 12/4/2023 Page 1 of 26
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Packet Pg. 2671 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) substantial utilization contemplated by this approval. (MC 9.02.230)

8. In the event the use hereby permitted ceases operation for a period of one (1) year or more, or as defined in the current Municipal Code, this permit may be revoked in accordance with provisions of the Municipal Code. (applicable to CUP's)

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

9.14.020)

12. 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

13. The owner or owner’s representative shall establish and maintain a relationship with 12/4/2023 Page 2 of 26
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Packet Pg. 2672 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) the City of Moreno Valley and cooperate with the Problem Oriented Policing (POP) program, or its successors.

14. Drive-through speaker system for the carwash 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. (MC9.09.080 C.6 and 9.10.140)

15. The use of the carwash and vacuum stations shall be limited to the operating hours of 8:00 a.m. and 10:00 p.m. The use of the carwash and vacuum stations shall be prohibited between 10:00 p.m. and 8:00 a.m.

16. The site has been approved for a Master Plot Plan (PEN22-0238) and Conditional Use Permit (PEN22-0176) for a commercial development comprised of an eight (8) island fueling station, six (6) vehicle charging stations, 7,400 square foot market, and a 1,790 square foot drive-thru carwash, including a state-of-the-art security system with alarms, surveillance cameras and security lighting, and the prohibition of alcohol beverage sales, on a 1.31-acre site. A change or modification shall require separate approval. For a Conditional Use Permit, violation may result in revocation of the Conditional Use Permit.

17. Prior to the start of any construction, temporary security fencing shall be erected.

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

21. 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.
12/4/2023 Page 3 of 26
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Packet Pg. 2673 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART)

22. Prior to issuance of any building permits, final landscaping and irrigation plans shall be submitted for review and approved by the Planning Division. After the third plan check review for landscape plans, an additional plan check fee shall apply. The plans shall be prepared in accordance with the City's Landscape Requirements and shall include:
a. A three (3) foot high decorative wall, solid hedge or berm shall be placed in any setback areas between a public right of way and a parking lot for screening. b. Finger and end planters with required step outs and curbing shall be provided every 12 parking stalls as well as at the terminus of each aisle. c. Drought tolerant landscape shall be used. Sod shall be limited to gathering areas. (or No sod shall be installed).
d. Street trees shall be provided every 40 feet on center in the right of way. e. On-site trees shall be planted at an equivalent of one (1) tree per thirty (30) linear feet of the perimeter of a parking lot and per thirty linear feet of a building dimension for the portions of the building visible from a parking lot or right of way .

24. 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)
12/4/2023 Page 4 of 26
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Packet Pg. 2674 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART)

25. 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)

27. At least thirty days prior to issuance of any grading permit, the developer shall retain a qualified archaeologist, provide a letter identifying the name and qualifications of the archaeologist to the Planning Division for approval, to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources and to evaluate and recommend appropriate actions for any archaeological deposits exposed by construction activity.

A report documenting the proposed methodology for grading monitoring shall be submitted to and approved by the Planning Division prior to issuance of any grading permit. The monitoring archaeologist shall be empowered to stop and redirect grading in the vicinity of an exposed archaeological deposit until that deposit can be fully evaluated. The archaeologist shall consult with affected Tribe(s) to evaluate any archaeological resources discovered on the project site. Tribal monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have authority to stop and redirect grading activities in consultation with the project archaeologist.

If any inadvertent discoveries of subsurface archaeological or cultural resources occur during grading, the applicant, project archaeologist, and Tribe(s) shall assess 12/4/2023 Page 5 of 26
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Packet Pg. 2675 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) the significance of such resources and shall meet and confer regarding mitigation of such resources. Avoidance is the preferred method of preservation of archaeological resources. If the applicant, project archaeologist and Tribe(s) cannot agree on the significance or mitigation for such resources, the issue(s) will be presented to the Planning Official with adequate documentation. The Official shall make a determination based on the provisions of CEQA and consideration of the religious beliefs, customs and practices of the Tribe(s).

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

29. 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)

30. 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).

31. Prior to issuance of grading permits, the developer shall submit wall/fence plans to the Building and Safety Division for review and approval by the Planning Division 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. 12/4/2023 Page 6 of 26
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Packet Pg. 2676 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) 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.
d. Proposed screening walls for truck loading areas and required loading docks shall also include decorative block walls with pilasters with a height of up to fourteen (14) feet to fully screen trucks (industrial and some situations with commercial uses). e. 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) [select those that apply]

32. 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.

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

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

35. 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).

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

37. 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).

38. Prior to building final or Certificate of Occupancy, the owner or owner’s 12/4/2023 Page 7 of 26
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Packet Pg. 2677 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) representative shall provide documentation to the Planning Division that they have contacted the Moreno Valley Police Department to establish and maintain a relationship with the City of Moreno Valley Police Department and cooperate with the Problem Oriented Policing (POP) program, or its successors. [multi-family, night clubs, liquor stores]
Building Division

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

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

45. 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.

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

48. 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. 12/4/2023 Page 8 of 26
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Packet Pg. 2678 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART)

49. 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.

FIRE DEPARTMENT
Fire Prevention Bureau

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

54. Prior to construction, all locations where structures are to be built shall have an approved Fire Department access based on street standards approved by the Public Works Director and the Fire Prevention Bureau. (CFC 501.4) 12/4/2023 Page 9 of 26
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Packet Pg. 2679 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART)

55. Prior to issuance of Building Permits, the applicant/developer shall provide the Fire Prevention Bureau with an approved site plan for Fire Lanes and signage. (CFC 501.3)

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

59. 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.

60. 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)

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

62. 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])

63. 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])
12/4/2023 Page 10 of 26
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Packet Pg. 2680 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART)

64. 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)

65. 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)

66. 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)

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

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

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

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

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

71. 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)

72. 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)
12/4/2023 Page 11 of 26
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Packet Pg. 2681 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART)

73. 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 .

74. 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)

FINANCIAL & MANAGEMENT SERVICES DEPARTMENT
Moreno Valley Utility

75. 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.

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

The Developer shall coordinate and receive approval from the City Engineer to install, construct, improve, and dedicate to the City all utility infrastructure including but not limited to, conduit, equipment, vaults, ducts, wires (including fiber optic cable), switches, conductors, transformers, and “bring-up” facilities including electrical capacity to serve the identified development and other adjoining, abutting, or benefiting projects as determined by Moreno Valley Utility – collectively referred to as “utility system” (to and through the development), along with any appurtenant real property easements, as determined by the City Engineer to be necessary for the distribution and/or delivery of any and all “utility services” to and within the project. For purposes of this condition, “utility services” shall mean electric, cable television, telecommunication (including video, voice, and data) and other similar 12/4/2023 Page 12 of 26
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Packet Pg. 2682 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) 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.

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

78. This project shall coordinate and receive approval from the City Engineer to install, construct, improve, and dedicate to the City fiber optic cable improvements consisting of fiber optic cable, splices and termination equipment to serve the identified development and other adjoining, abutting, or benefiting projects as determined by Moreno Valley Utility along with any appurtenant real property easements, as determined by the City Engineer to be necessary for the distribution and/or delivery of any and all “fiber optic services” to and within the project.

79. This project shall coordinate and receive approval from the City Engineer to install, construct, improve, and dedicate to Moreno Valley Utility fiber optic cable improvements consisting of conduit, and pull boxes to serve the identified development and other adjoining, abutting, or benefiting projects as determined by Moreno Valley Utility along with any appurtenant real property easements, as determined by the City Engineer to be necessary for the distribution and/or delivery of any and all “fiber optic services” to and within the project.

80. This project shall coordinate and receive approval from the City Engineer to install, construct, improve, and dedicate to Moreno Valley Utility electric streetlight improvements consisting of streetlight poles, mast-arms, fixtures conduit, wiring, terminations and pull boxes to serve the identified development and other adjoining, abutting, or benefiting projects as determined by the Land Development Department along with any appurtenant real property easements, as determined by the City Engineer to be necessary for the distribution and/or delivery of any and all “street light services” to and within the project.

PUBLIC WORKS DEPARTMENT
Land Development

81. 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] 12/4/2023 Page 13 of 26
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Packet Pg. 2683 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART)

82. Any work performed within public right-of-way requires an encroachment permit.

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

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

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

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

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

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

Secondary emergency escape shall also be provided.

88. 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 12/4/2023 Page 14 of 26
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Packet Pg. 2684 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) 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]

89. 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)]

90. 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]

91. 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.

92. The proposed private storm drain system shall connect to the onsite proposed underground basin and then discharge offsite through an outlet at the northwest corner of the parcel.

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

94. 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 12/4/2023 Page 15 of 26
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Packet Pg. 2685 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) be turned over to the private owner association (POA) or responsible party for maintenance.

Prior to Grading Plan Approval

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

96. 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.

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

98. 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.

99. The final project-specific Water Quality Management Plan (WQMP) shall be consistent with the approved P-WQMP, as well as in full conformance with the document: “Water Quality Management Plan - A Guidance Document for the Santa Ana Region of Riverside County” dated October 22, 2012. The F-WQMP shall be submitted and approved prior to application for and issuance of grading permits. At a minimum, the F-WQMP shall include the following: Site Design BMPs; Source Control BMPs, Treatment Control BMPs, Operation and Maintenance requirements for BMPs and sources of funding for BMP implementation. a. The Applicant has proposed to incorporate the use of underground infiltration chambers, inlet filter inserts, and vegetated swale. 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 12/4/2023 Page 16 of 26
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Packet Pg. 2686 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) Concerns (HCOC) in Section F of the F-WQMP. The HCOC designates that the project will be exempt from mitigation requirements based on Exemption 3. 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.
100. 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.
101. 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.
102. 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. 103. 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.
104. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared in conformance with the State’s current Construction Activities Storm Water General 12/4/2023 Page 17 of 26
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Packet Pg. 2687 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) Permit. A copy of the current SWPPP shall be kept at the project site and be available for review upon request.
105. 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.
106. 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
107. 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)]
108. 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. 109. 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. 110. 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)]
111. Security, in the form of a cash deposit (preferable), bond or letter of credit shall be submitted as a guarantee of the completion of the grading operations for the project. [MC 8.21.070]
Prior to Improvement Plan Approval
112. 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. 113. The developer shall submit clearances from all applicable agencies, and pay all applicable plan check fees.
12/4/2023 Page 18 of 26
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Packet Pg. 2688 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) 114. The street improvement plans shall comply with current City policies, plans and applicable City standards (i.e. MVSI-160 series, etc.) throughout this project. 115. Drainage facilities (i.e. catch basins, etc.) with sump conditions shall be designed to convey the tributary 100-year storm flows. Secondary emergency escape shall also be provided.
116. 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] 117. 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.
118. Any missing or deficient existing improvements along the project frontage 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.
119. 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. 120. 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.
121. 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.
122. 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 12/4/2023 Page 19 of 26
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Packet Pg. 2689 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) 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 Building Permit
123. 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.
124. 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. 125. 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.
126. 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.
127. 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.
128. The final/precise grade certification shall be submitted for review and approved by the City Engineer.
129. The developer shall complete all public improvements in conformance with current City standards, except as noted in the Special Conditions, including but not limited to the following:
a. Street improvements including, but not limited to: pavement, base, curb and/or gutter, cross gutters, spandrel, sidewalks, drive approaches, pedestrian ramps, street lights (MVU: SL-2), signing, striping, landscaping and irrigation, medians, and traffic control devices as appropriate.
b. Storm drain facilities including, but not limited to: storm drain pipe and storm drain laterals.
c. City-owned utilities.
d. Sewer and water systems including, but not limited to: sanitary sewer, potable water, and recycled water.
12/4/2023 Page 20 of 26
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Packet Pg. 2690 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) 130. For commercial, industrial and multi-family projects, a “Stormwater Treatment Device and Control Measure Access and Maintenance Covenant”, "Maintenance Agreement for Water Quality Improvements located in the public right-of-way" and a "Declaration of Restrictive Covenants (encroachment on City easement)" shall be recorded to provide public notice of the maintenance requirements to be implemented per the approved final project-specific WQMP. A boilerplate copy of the covenants and agreements can be obtained by contacting the Land Development Division.
131. The applicant shall ensure the following, pursuant to Section XII. I. of the 2010 NPDES Permit:
a. Field verification that structural Site Design, Source Control and Treatment Control BMPs are designed, constructed and functional in accordance with the approved Final Water Quality Management Plan (WQMP).
b. Certification of best management practices (BMPs) from a state licensed civil engineer. An original WQMP BMP Certification shall be submitted for review and approved by the City Engineer.
132. The Developer shall comply with the following water quality related items:
a. Notify the Land Development Division prior to construction and installation of all structural BMPs so that an inspection can be performed. b. Demonstrate that all structural BMPs described in the approved final project-specific WQMP have been constructed and installed in conformance with the approved plans and specifications;
c. Demonstrate that Developer is prepared to implement all non-structural BMPs 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. 133. 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 west side of Oliver Street (88’ R/W / 64’ CC: Minor Arterial, City Standard No. MVSI-105A-2) along the project frontage.
(b) The necessary street right of way dedication on the north side of Iris Avenue (134’ R/W / 110’ CC: Divided Major Arterial, City Standard No. MVSI-101A-1) for transition, alignment, and/or drainage purposes.
(c) A 4 foot minimum pedestrian right of way dedication behind any driveway approach per City Standard No. MVSl-112C-0, as applicable. (d) Corner cutback right of way dedication per City Standard No. MVSl-165-0 on all intersecting public streets, as directed by the City Engineer. 134. Prior to occupancy, the following improvements shall be completed:

Oliver Street (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 12/4/2023 Page 21 of 26
F.2.l
Packet Pg. 2691 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) the entire project's east frontage. Improvements shall consist of, but not be limited to, pavement, base, curb, gutter, sidewalk, driveway approaches, any necessary offsite joins to existing, pedestrian ramps, and dry and wet utilities. Any missing or deficient improvements along the project's east frontage shall be constructed.

Iris Avenue (134’ R/W / 110’ CC: Divided Major Arterial, City Standard No.

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-101A-1. Any missing or deficient improvements along the project's south frontage shall be constructed prior to issuance of a certificate of occupancy.

Special Districts Division
136. 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].
137. 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.

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 12/4/2023 Page 22 of 26
F.2.l
Packet Pg. 2692 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) 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.

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 12/4/2023 Page 23 of 26
F.2.l
Packet Pg. 2693 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector(s) will not protest the annexation or formation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings.

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

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
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 12/4/2023 Page 24 of 26
F.2.l
Packet Pg. 2694 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) Animal Control services. This condition will only be applicable provided said district is under development at the time this project applies for the 1st Building Permit.

An alternative to satisfying this condition will be identified at such time as a special financing district has been established. At the time of dev 142. Maintenance Responsibility. The ongoing maintenance of any landscaping required to be installed behind the curb shall be the responsibility of the property owner. 143. Damage. Any damage to existing landscape areas maintained by the City of Moreno Valley due to project construction shall be repaired/replaced by the Developer, or Developer’s successors in interest, at no cost to the City of Moreno Valley.
144. The existing parkway behind the curb will no longer be maintained by the City and will become the responsibility of the property owner. Please coordinate abandonment of existing City irrigation system with Landscape Services at 951-413-3480.
145. 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.

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

MVSI-112C-0 for Commercial Driveway Approaches. Access at the project driveways shall be as follows:
- Iris Avenue: Right-Turn In/Out Only (Shared Access)
- Oliver Street: Right-Turn In/Out Only
12/4/2023 Page 25 of 26
F.2.l
Packet Pg. 2695 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) 148. Iris Avenue is classified as a Divided Major Arterial (134'RW/110'CC) per City Standard Plan No. MVSI-101A-1. Any improvement undertaken by this project shall be in conformance with City standards. Communication conduit shall be installed per City Standard Plan No. MVSI-186-0.
149. Oliver Street is classified as a Minor Arterial per City Standard Plan No.

MVSI-105A-2. Any improvements undertaken by this project shall be in conformance with City standards.
150. 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.
151. 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.
152. Prior to the final approval of the street improvement plans, a bus turnout in the westbound direction along Iris Avenue, west of Oliver Street shall be designed per City Standard Plan No. MVSI-161-0. The bus turnout shall be designed to serve as a combination right turn lane/bus bay to the satisfaction of the City Engineer. 153. Prior to the final approval of the street improvement plans, the existing landscaped median on Iris Avenue along the project frontage shall be designed to extend the existing eastbound left-turn lane storage length to a minimum of 285 feet at the Iris Avenue/Oliver Street intersection. Median construction shall include but is not limited to, paving, concrete curbs, landscape, and signs. Exact requirements will be determined during the plan check process.
154. Prior to issuance of a certificate of occupancy, all approved street improvements including the median and bus turnout improvements shall be installed to the satisfaction of the City Engineer.
155. Driveway on Iris Avenue shall be shared driveway and shall be designed to the satisfaction of the City Engineer. An irrevocable shared access agreement shall be provided for APNs 486-310-039, 486-310-041, and 486-310-042 and shall be provided prior to issuance of a building permit.

PARKS & COMMUNITY SERVICES DEPARTMENT
156. This project is subject to current Development Impact Fees. 12/4/2023 Page 26 of 26
F.2.l
Packet Pg. 2696 Attachment: Resolution No. 2023-XX - Master Plot Plan & Conditional Use Permit [Revision 3] (6478 : BEYOND FOOD MART) 376.2
315.5
WGS_1984_Web_Mercator_Auxiliary_Sphere
0 157.74 315.5Feet
Location Map
DISCLAIMER: The information shown on this map was compiled from the City of Moreno Valley GIS and Riverside County GIS. The land base and facility information on this map is for display purposes only and should not be relied upon without independent verification as to its accuracy. Riverside County and City of Moreno Valley will not be held responsible for any claims, losses or damages resulting from the use of this map.

Notes:

Legend
Print Date: 10/26/2023
Image Source: Nearmap
Master Plan of Trails
Bridge
Improved
Multiuse
Proposed
Regional
State
Road Labels
Parcels
City Boundary
Sphere of Influence
F.2.m
Packet Pg. 2697 Attachment: Location Map (6478 : BEYOND FOOD MART) T
New Beyond Foodmart
Development
NORTH
27990 IRIS AVE.,
MORENO VALLEY, CA 92555

PROJECT

SITE PROJECT DIRECTORY & DATA LEGAL DESCRIPTION, SHEET

INDEX, VICINITY MAP, NOTES & SCOPE OF WORK

S H E E T

OF SHEETS

REVISIONS
TL/ZL
TL
TL NEW BEYOND FOODMART DEVELOPMENT 27990 IRIS AVE., MORENO VALLEY, CA 92555 TABEL CENTER LLC 2501 EAST CHAPMAN AVE, SUITE 130 FULLERTON CA 92831 ALL IDEAS, DESIGNS, ARRANGEMENTS AND PLANS INDICATED OR REPRESENTED BY THESE DRAWINGS ARE OWNED BY, AND THE PROPERTY OF PEGASUS ARCHITECTS AND PROTECTED BY THE CURRENT ARCHITECTURAL WORKS COPYRIGHT PROTECTION ACT, AND OTHER APPLICABLE LAWS. THESE DRAWINGS WERE CREATED, EVOLVED AND DEVELOPED FOR USE ON AND IN CONNECTION WITH THE SPECIFIED PROJECT. NONE OF SUCH IDEAS, DESIGN ARRANGEMENTS OR PLANS SHALL BE USED OR DISCLOSED TO ANY PERSON, FIRM OR CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT THE WRITTEN PERMISSION OF PEGASUS ARCHITECTS. THESE DRAWINGS ARE NOT VALID FOR CONSTRUCTION PURPOSES UNLESS EXPRESSED CERTIFIED BY PEGASUS ARCHITECTURE FOR CONSTRUCTION ONLY. COPYRIGHT © 2011-2023 PEGASUS ARCHITECTS.

SITE #-
F.2.n
Packet Pg. 2698 Attachment: Project Plans - Architectural [Revision 1] (6478 : BEYOND FOOD MART)

EV EV CV CV NO PARKING
NO

PARKING CV CV
EV
EV

IRIS AVENUE OLIVER STREET
APN: 486-310-039
ZONING: DC
(Downtown Center
OUT

EV CARWASH T CV CV
CV CV
EV
VAN
IN
OUT
IN
VACCUM
VACCUM
VACCUM
EV EV
BEYOND

FOOD MART
( 7,460 S.F.) SITE PLAN
A1.01

S H E E T

OF SHEETS

SITE #-
NORTH
F.2.n
Packet Pg. 2699 Attachment: Project Plans - Architectural [Revision 1] (6478 : BEYOND FOOD MART)

EV EV CV CV NO PARKING
NO

PARKING CV CV
EV
EV

IRIS AVENUE OLIVER STREET
ZONING: DC
ZONING: DC

EV CARWASH T CV CV
CV CV
EV
VAN
IN
OUT
IN
OUT
VACCUM
VACCUM
VACCUM
EV EV
A1.03

S H E E T

OF SHEETS

SITE #-

NORTH SITE PLAN W/ ACCESSIBLE FIRE LANE / TRUCK PATH
F.2.n
Packet Pg. 2700 Attachment: Project Plans - Architectural [Revision 1] (6478 : BEYOND FOOD MART)

TRASH ENCLOSURE FLOOR PLAN & ELEVATIONS
A1.10

S H E E T

OF SHEETS

SITE #-
NORTH
F.2.n
Packet Pg. 2701 Attachment: Project Plans - Architectural [Revision 1] (6478 : BEYOND FOOD MART) F.2.n
Packet Pg. 2702
Attachment: Project Plans - Architectural [Revision 1] (6478 : BEYOND FOOD MART)

CANOPY FLOOR PLAN & ELEVATIONS
A1.11
NORTH

S H E E T

OF SHEETS

SITE #-
F.2.n
Packet Pg. 2703 Attachment: Project Plans - Architectural [Revision 1] (6478 : BEYOND FOOD MART) F.2.n
Packet Pg. 2704
Attachment: Project Plans - Architectural [Revision 1] (6478 : BEYOND FOOD MART)

SALE AREA
RESTROOM 02
RESTROOM 01

JANITOR
CLOSET
PREP

BACK OF HOUSE
OFFICE
COOLER 01
COOLER 02

CASHIER C-STORE FLOOR PLAN
A2.01
NORTH

S H E E T

OF SHEETS

SITE #-
F.2.n
Packet Pg. 2705 Attachment: Project Plans - Architectural [Revision 1] (6478 : BEYOND FOOD MART)

CARWASH FLOOR PLAN
A2.02
NORTH

S H E E T

OF SHEETS

SITE #-
F.2.n
Packet Pg. 2706 Attachment: Project Plans - Architectural [Revision 1] (6478 : BEYOND FOOD MART)

C-STORE ELEVATIONS
A3.01

S H E E T

OF SHEETS

SITE #-
F.2.n
Packet Pg. 2707 Attachment: Project Plans - Architectural [Revision 1] (6478 : BEYOND FOOD MART) F.2.n
Packet Pg. 2708
Attachment: Project Plans - Architectural [Revision 1] (6478 : BEYOND FOOD MART)

CARWASH ELEVATIONS
A3.02

S H E E T

OF SHEETS

SITE #-
F.2.n
Packet Pg. 2709 Attachment: Project Plans - Architectural [Revision 1] (6478 : BEYOND FOOD MART) F.2.n
Packet Pg. 2710
Attachment: Project Plans - Architectural [Revision 1] (6478 : BEYOND FOOD MART) F.2.n
Packet Pg. 2711
Attachment: Project Plans - Architectural [Revision 1] (6478 : BEYOND FOOD MART)

1.4 1.7

2.0 2.1

1.8 1.8

1.4 1.2

1.4 1.8

1.9 2.5

1.8 1.8

1.2 2.0

1.9 2.9

3.3 2.7

2.3 1.5

3.1 1.4

1.6 2.0

2.3 1.8

1.5 1.1

1.6 2.9

3.3 4.3

3.8 3.4

1.4 3.3

3.3 1.5

1.7 1.8

1.9 1.8

1.5 1.0

3.1 4.1

4.3 4.0

4.3 1.7

1.7 2.0

1.8 1.8

2.3 2.2

2.9 2.9

2.5 2.6

2.0 1.6

1.3 1.8

2.6 4.4

5.0 4.4

4.3 3.0

3.0 3.0

2.8 2.7

1.9 2.1

2.0 2.0

2.2 2.0

1.7 1.7

2.1 2.6

3.5 5.3

5.8 6.2

5.8 4.9

4.2 2.1

2.0 2.1

2.3 2.2

2.0 2.0

2.2 2.0

2.0 2.5

3.1 4.4

5.9 8.9

11.9 14.1

14.5 12.6

8.6 5.5

2.8 1.8

1.5 1.4

1.4 1.5

1.8 2.3

2.0 2.2

2.7 3.5

5.6 9.3

19.1 32.2

39.2 38.8

30.8 17.4

8.6 4.1

1.7 1.1

0.9 0.9

1.1 1.6

2.5 2.6

3.1 2.6

3.6 6.5

14.7 37.4

65.5 78.1

76.9 60.8

30.4 11.6

5.3 1.8

1.1 1.3

2.2 3.0

3.6 4.4

3.9 3.0

2.7 4.1

7.3 18.4

50.5 81.5

89.6 89.5

77.6 39.0

13.9 6.0

2.1 1.9

12.1 16.1

2.1 3.8

7.5 19.3

51.9 76.4

75.8 79.3

77.8 41.1

15.3 6.5

2.5 7.1

46.8 1.8

3.4 7.4

19.4 50.8

72.4 69.4

74.7 76.5

41.1 15.2

6.2 2.9

16.5 20.7

1.6 3.2

7.2 19.2

50.9 72.2

68.1 74.3

76.7 41.2

15.1 5.8

2.9 8.9

23.0 1.7

3.3 7.3

19.1 54.0

75.0 68.3

73.8 76.9

41.4 15.0

5.7 2.8

9.2 6.5

21.7 1.1

1.9 3.5

7.5 19.0

50.3 73.5

69.1 74.4

76.9 41.3

15.1 5.8

2.9 9.2

16.6 19.5

1.4 2.4

3.9 7.7

19.5 50.7

73.2 70.3

75.0 76.5

41.1 15.2

6.2 3.0

9.2 16.9

20.7 2.1

3.4 4.3

8.1 19.6

51.4 76.7

76.4 79.6

77.3 40.9

15.3 6.7

3.0 9.2

18.4 24.3

2.8 4.0

8.0 18.9

51.7 82.9

90.3 89.8

77.0 38.8

14.2 6.6

2.8 9.4

15.7 21.1

2.3 4.3

7.0 15.2

40.3 67.9

81.0 79.6

59.6 30.1

12.1 6.4

3.2 9.9

20.2 18.1

1.2 3.7

4.7 9.3

19.5 30.9

38.5 37.5

27.8 17.3

9.4 5.2

3.4 6.0

22.5 16.9

2.5 3.6

5.0 7.6

11.3 13.6

13.9 12.3

9.0 6.5

3.8 2.7

3.0 3.6

3.8 3.7

3.7 3.9

4.2 3.1

2.7 3.2

2.3 2.5

2.3 2.2

2.3 2.1

2.9 IRIS AVENUE

OLIVER STREET
APN: 486-310-039
ZONING: DC
(Downtown Center
12 EV
8 CARWASH
T
CV CV
CV CV
EV
VAN
IN
OUT
IN
OUT
11 VACCUM
VACCUM
VACCUM
12 EVEV
BEYOND

FOOD MART
( 7,460 S.F.)
91 OCT.
7,000 GAL.
87 OCT.
15,000 GAL.

UNL. PREM.

DIESEL

UNLEADED
2 1
8,000 GAL.

FILL
FILL
FILL
FILL
E 85
12,000 GAL.

FX8 @ 18' FX8 @ 18' FX8 @ 18'
FX8 @ 18' FX8 @ 18'
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FX8 @ 18' FX8 @ 18'
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FX8 @ 18'
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FX8 @ 18' FX8 @ 18'
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FX8 @ 18' FX8 @ 18' FX8 @ 18' FX8 @ 18' FX8 @ 18' FX8 @ 18' FX8 @ 18' FX6 @ 20'
FX6 @ 20'
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FX6 @ 20'
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FX11 @ 8'
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FX15 @ 5'
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FX11 @ 8' FX11 @ 8'
FX6 @ 20'
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FX7 @ 18'(TYP)
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FX4 @ 17' 9"
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FX4 @ 17' 9" FX4 @ 17' 9" FX4 @ 17' 9" FX4 @ 17' 9"
FX4 @ 17' 9" FX4 @ 17' 9"
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FX4 @ 10' FX4 @ 10' FX4 @ 10'
FX4 @ 17' 9"
FX4 @ 10'
FX4 @ 10'
FX4 @ 17' 9"
FX4 @ 10'
FX4 @ 17' 9"
FX4 @ 17' 9"
FX5 @ 17' 9"
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FX5 @ 17' 9" FX5 @ 17' 9" FX5 @ 17' 9" FX5 @ 17' 9" FX5 @ 17' 9" FX5 @ 17' 9" FX5 @ 17' 9" FX5 @ 17' 9" FX5 @ 17' 9" FX5 @ 17' 9" FX5 @ 17' 9"
FX5 @ 17' 9"
FX5 @ 17' 9" FX5 @ 17' 9" FX5 @ 17' 9"
FX5 @ 17' 9"
FX5 @ 17' 9" FX5 @ 17' 9" FX5 @ 17' 9" FX5 @ 17' 9"
FX4 @ 17' 9"
FX4 @ 17' 9"
FX4 @ 17' 9" FX4 @ 17' 9"
FX4 @ 17' 9"
FX4 @ 17' 9"
FX4 @ 10'
FX4 @ 17' 9"
FX4 @ 17' 9"
FX5 @ 17' 9"
FX4 @ 17' 9"
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FX4 @ 17' 9"
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FX4 @ 17' 9"
FX4 @ 17' 9"
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FX4 @ 17' 9"
FX6 @ 20'
FX4 @ 10'
FX4 @ 17' 9"
FX4 @ 10'
E.10
SITE

PHOTOMETRY
PLAN
Statistics
Description Symbol Avg Max Min Max/Min Avg/Min
Outdoor Zone 17.0 fc 90.3 fc 0.9 fc 100.3:1 18.9:1
Schedule
Label Quantity Manufacturer Catalog Number Description Number Lamps
Lumens
Per Lamp
Light Loss
Factor Wattage
FX5 24 LSI INDUSTRIES, INC. OPS-14L-3W-35K8 Acrobat 2" RM, NC and IC housings with Reflector trim
1 13727 0.9 103
FX6
12 COOPER LIGHTING
SOLUTIONS - McGRAWEDISON (FORMERLY
EATON)
GLEON-SA2C-830-UT4W-HSSGALLEON AREA AND ROADWAY LUMINAIRE (2) 80 CRI, 3000K, 1050mA
LIGHTSQUARES WITH 16 LEDS EACH AND

TYPE IV WIDE OPTICS WITH HOUSE SIDE
SHIELD
32 260 0.9 113
FX7
387 LUMENPULSE LIGHTING

LONGUEUIL, QUEBEC
LOGN-2W-48V-12-35K80-WW-HFR-XX-SI RUN
AT 48 VDC
1 180 0.92
FX8
32 TROY-CSL LIGHTING INC A2-[RM, NC, IC]XXX-10S-
-XXX; A2-3590-XXXXXSTXXNL-10
Acrobat 2" RM, NC and IC housings with
Reflector trim
1 943 0.9 10.9
FX11 6 LIGMAN UGN-30021-W30 Gini 300mm. one side wall luminaires 1 1195 0.9 18 FX15
12 B-K LIGHTING, INC. NS-LED-e66-NSP-12, AR-
-LED-TR-e66-NSP-12,
AR-LED-RM-e66-NSP-12,
DS-LED-e66-NSP-12, RM-
-AR-LED-e66-NSP-12,
SN-LED-e66-NSP-12, ST-
-LED-e66-NSP-12, SFLED-e66-NSP-12, TFLED-e66-NSP-12, WSLED-e66-NSP-12, AWLED-e66-NSP-12, SWLED-e66-NSP-12, GDLED-e66-NSP-12, GQLED-e66-NSP-12, ECLED-e66-NSP-12, EDLED-e66-NSP-12, SM-AR- -LED-e66-NSP-12, PMLED-e66-NSP-12, WMLED-e66-NSP-12, UL-AR- -LED-e66-NSP-12, HP2-
LED-e66-NSP-12, CO2-
LED-e66-NSP-12, VQLED-e66-NSP-12, VSLED-e66-NSP-12

MACHINED CYLINDRICAL METAL HOUSING,
1 BLACK CIRCUIT BOARD WITH 3 LEDS,

ONE CLEAR CONICAL PLASTIC OPTIC PER

LED WITH SEMI-HEMISPHERICAL

RECESSED CENTER TOWARD LED, MOLDED

BLACK PLASTIC OPTIC MOUNTING FRAME,

CLEAR MICRO-PRISMATIC FLAT GLASS

LENS IN MACHINED CYLINDRICAL BLACK
PAINTED METAL LENS FRAME. LENS
PRISMS OUT.
30 0.97
FX4 791 KBL-F-V-30K-24V 1 722 0.9 3.6
SHEET NUMBER:

SHEET TITLE:

DATE: DESIGNED BY:

NAI'S PROJECT #: APPROVED BY:

FILE NAME: DRAWN BY: REVISIONS
NO. DESCRIPTION DATE
13456
CLIENT:
22-073
AP/MT
LM
SN

NEW BEYOND

FOODMART

DEVELOPMENT -

NWC OF IRIS AVE &
OLIVER ST.,

MORENO VALLEY, CA
92555
4/27/2023 4:36:25 PM, NAI PC15
F.2.n
Packet Pg. 2712 Attachment: Project Plans - Architectural [Revision 1] (6478 : BEYOND FOOD MART)

IRIS AVENUE
E.10
SITE

PHOTOMETRY
PLAN
SHEET NUMBER:

SHEET TITLE:

DATE: DESIGNED BY:

NAI'S PROJECT #: APPROVED BY:

FILE NAME: DRAWN BY: REVISIONS
NO. DESCRIPTION DATE
13456
CLIENT:
22-073
AP/MT
LM
SN

NEW BEYOND

FOODMART

DEVELOPMENT -

NWC OF IRIS AVE &
OLIVER ST.,

MORENO VALLEY, CA
92555
F.2.n
Packet Pg. 2713 Attachment: Project Plans - Architectural [Revision 1] (6478 : BEYOND FOOD MART)

IRIS AVENUE
OLIVER STREET BEYOND FOOD MART ( 7,460 S.F.) TOTAL LANDSCAPE AREA = 14,944 s.f. REVISIONS BY p L R i STERi l E h D GE PI T DATE 05-31-23 RENEWAL DATE 1 3 PE NDSC S . Ma A y A SIGNATURE 0 A HC I R CE 4T 04-26-2023 R.S. R.S. CHECKED 04-26-2023 DATE DRAWN 22093 JOB NO. OF 5 SHEETS 0'9$';10&(11&/#46
&'8'.12/'06
09%1(+4+5#8'

1.+8'456
/14'018#..';%# CITY COMMENTS 12-06-2022 1 NEW BEYOND MARKET & CARWASH DEVELOPMENT NWC IRIS AVE. & OLIVER ST., MORENO VALLEY, CA ARCHITECTURAL LANDSCAPE PLANS SHEET INDEX PLANTING PLAN L-1 COVER SHEET Scale: 1"=20' SITE PLAN L-2 CERTIFICATION OF LANDSCAPE DESIGN I hereby certify that: (1) I am a professional appropriately licensed in the State of California to provide professional landscape design services. (2) The landscape design and water use calculations for the property located at (3) (provide street address or parcel number(s)) were prepared by me or under my supervision. (4) The landscape design and water use calculations for the identified property comply with the requirements of the City of Palmdale Water Efficient Landscape Ordinance (Municipal Code Chapter 13.18) and the City of Palmdale Water Efficient Landscape Guidelines. (5) The information I have provided in this Certificate of Landscape Design is true and correct and is hereby submitted in compliance with the City of Palmdale Water Efficient Landscape Guidelines. Print Name Date Signature License Number Address Telephone E-mail Address Landscape Design Professional's Stamp p
L R i STERi lE h D GE PI T DATE 05-14-2023 RENEWAL DATE 1 3 PE NDSC S . Ma A y A SIGNATURE 0 A HC I R CE 4T NWC IRIS AVE. & OLIVER ST., MORENO VALLEY, CA COVER SHEET 04-26-2023 All improvements are to be maintained by the property owner. NORTH PROJECT SITE IRRIGATION PLAN L-3 PLANTING DETAILS PLAN L-4 L-5 IRRIGATION DETAILS PLAN F.2.o Packet Pg. 2714
Attachment: Project Plans - Conceptual Landscaping and Preliminary Grading [Revision 1] (6478 : BEYOND FOOD MART)

IRIS AVENUE

OLIVER STREET
BEYOND

FOOD MART
( 7,460 S.F.)
N

REVISIONS BY
p
L
R
i
STERi lE h D
GE
PI
T
DATE
05-31-23

RENEWAL DATE
1 3

PE NDSC
S . Ma
A
y
A

SIGNATURE
0 A
HC
I
R
C
E
4T
04-26-2023
R.S.R.S.

CHECKED
04-26-2023
DATE
DRAWN
22093
JOB NO.

OF 5 SHEETS
0'9$';10&(11&/#46
&'8'.12/'06
09%1(+4+5#8'

1.+8'456
/14'018#..';%#

CITY COMMENTS
12-06-2022 1

PLANTING PLAN
L-2
0' 16' 32' 40' 48'
NOTE: “ I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the planting design plan."
______________________________________________
Phil May, Landscape Architect Date
04-27-2023
NOTE: SEE SHEET L-3 FOR PLANTING DETAILS
All improvements are to be maintained by the property owner.

F.2.o
Packet Pg. 2715
Attachment: Project Plans - Conceptual Landscaping and Preliminary Grading [Revision 1] (6478 : BEYOND FOOD MART) REVISIONS BY p L R i STERi lE h D GE PI T DATE 05-31-23 RENEWAL DATE 1 3 PE NDSC S . Ma A y A SIGNATURE 0 A HC I R CE 4T 04-26-2023 R.S. R.S. CHECKED 04-26-2023 DATE DRAWN 22093 JOB NO. OF 5 SHEETS 0'9$';10&(11&/#46
&'8'.12/'06
09%1(+4+5#8'

1.+8'456
/14'018#..';%# CITY COMMENTS 12-06-2022 1
PLANTING DETAILS L-3 SECTION VIEW N.T.S GROUNDCOVER PLANTING DETAIL SECTION VIEW N.T.S 3 SHRUB PLANTING DETAIL 2 SECTION VIEW N.T.S TREE PLANTING DETAIL 1 NOTE: ROOT BARRIERS SHALL BE 12" DEEP MAX. & LINEAR APPLICATION ONLY. F.2.o Packet Pg. 2716
Attachment: Project Plans - Conceptual Landscaping and Preliminary Grading [Revision 1] (6478 : BEYOND FOOD MART) JC GPH 0.60 KTT-GFFI IRRIGATION LEGEND SYMBOL MFG MODEL/ DESCRIPTION PATN. GPM PSI RAD DETSM IRIS AVENUE OLIVER STREET BEYOND FOOD MART ( 7,460 S.F.) 2" 1 1/4" 1 1/4" 1" 3/4" 3/4" 1" 1" 1" 1 1/4" 1 1/4" 1" 1 1/2" 2" 1" 2" SLEEVE 2" SLEEVE2" SLEEVE 2" SLEEVE 2" SLEEVE 2" SLEEVE 1" 1" 1" 1 1/2" 3/4" 3/4" 2" SLEEVE 1" L-4 0' 16' 32' 40' 48' N REVISIONS BY p L R i STERi lE h D GE PI T DATE 05-31-23 RENEWAL DATE 1 3 PE NDSC S . Ma A y A SIGNATURE 0 A HC I R CE 4T 04-26-2023 R.S. R.S. CHECKED 04-26-2023 DATE DRAWN 22093 JOB NO. OF 5 SHEETS 0'9$';10&(11&/#46
&'8'.12/'06
09%1(+4+5#8'

1.+8'456
/14'018#..';%# CITY COMMENTS 12-06-2022 1

IRRIGATION PLAN
NOTE: “ I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan." ______________________________________________ Phil May, Landscape Architect Date 04-27-2023 NOTE: SEE SHEET L-5 FOR IRRIGATION DETAILS All improvements are to be maintained by the property owner.

F.2.o
Packet Pg. 2717
Attachment: Project Plans - Conceptual Landscaping and Preliminary Grading [Revision 1] (6478 : BEYOND FOOD MART) JC GPH 0.60 KTT-GFFI IRRIGATION LEGEND SYMBOL MFG MODEL/ DESCRIPTION PATN. GPM PSI RAD DETSM L-5 IRRIGATION N.T.S BACKFLOW PREVENTER (ENCLOSED) L N.T.S BALL VALVE K (PLUMBED TO POLY) N.T.S MANUAL LINE FLUSHING VALVE TLSOV C N.T.S HUNTER IRRIGATION CONTROLLER F N.T.S INLINE VALVE FOR DRIP IRRIGATION J N.T.S WEATHER SENSOR F N.T.S QUICK COUPLING VALVE E ON-SURFACE INSTALLATION N.T.S TECHLINE DRIP (END FEED LAYOUT) H N.T.S SLEEVES G DETAILS REVISIONS BY p L R i STERi l E h D GE PI T DATE 05-31-23 RENEWAL DATE 1 3 PE NDSC S . Ma A y A SIGNATURE 0 A HC I R CE 4T 04-26-2023 R.S. R.S. CHECKED 04-26-2023 DATE DRAWN 22093 JOB NO. OF 5 SHEETS 0'9$';10&(11&/#46
&'8'.12/'06
09%1(+4+5#8'

1.+8'456
/14'018#..';%# CITY COMMENTS 12-06-2022 1 TYPICAL DETAIL N.T.S PIPE & WIRE TRENCHING T N.T.S REMOTE CONTROL VALVE I Irrigation Schedule (Establishment Period) Water Pressure at meter or at pressure reducer Irrigation Controller Brand Valve No. Hydrozone type- high, med., low Irrigation type (drip, low flow, etc.) Mfr rated flow GPH Application time period (minutes/day) Total gallons =(GPH) x (1hr/60min) x (#minutes) Days per week Summer 1 7 80 PSI HUNTER Days per week Winter 2 4 34 7 4 7 4 7 4 Valve No. Hydrozone type- high, med., low Irrigation type (drip, low flow, etc.) Mfr rated flow GPH Application time period (minutes/day) Total gallons =(GPH) x (1hr/60min) x (#minutes) Days per week Summer Days per week Winter 4 2 4 2 4 2 4 2 Irrigation Schedule (Established - Mature Planting) Water Pressure at meter or at pressure reducer Irrigation Controller Brand 80 PSI HUNTER 5 7 4 678 7 4 7 4 7 4 9 7 4 4 2 4 2 4 2 4 2 4 2 Month Adjust Irrigation Schedule Inspect Tree Staking Flush Drip Valves Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec √ RECOMMENDED MINIMUM LANDSCAPE MAINTENANCE SCHEDULE WEEKLY TASKSMINIMUM RECOMMENDED YEARLY MAINTENANCE SCHEDULE • Check all irrigation equipment and adjust/ align as required. • Repair irrigation equipment with originally specified materials as needed. • Inspect all landscape areas for pests/ pathogens. • Weed all shrub/ groundcover areas as needed. • Remove landscape debris. • Aerating and dethatching turf areas. • Repair planting well and/ or grade around plants to eliminate runoff. • Perform corrective pruning to eliminate hazards and damage to plant after 2nd Year of Growth. √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ Add Mulch (Maintain 3" Layer) √ √ √ √ Fertilization: Reference to Agronomical Soil's report on these plans √ √ √ √ MED BUBBLER 60 4 4 LOW DRIP .60 35 .35 LOW DRIP .60 LOW DRIP .60 PRESSURE LOSS CALCULATION STATION # 9 - HIGHEST FLOW 14 GPM EQUIPMENT SIZE LOSS Water Meter 1" 0.4 Backflow Preventer 1-1/4" 14.0 Mainline 2" 2.0 Control Valve 1 1/4" 4.5 2.0 Misc. losses thru system (10%) 2" 2.9 Elevation Gain (ft) 2' 0.65 26.45 Pressure required at head 40.0 66.45 81.0 14.55 Lateral Lines 1" SUBTOTAL PRESSURE LOSSES 22.9 TOTAL PRESSURE LOSSES TOTAL PRESSURE REQUIRED STATIC PRESSURE AVAILABLE RESIDUAL PRESSUREN.T.S ROOT WATERING FOR (N) TREES B 101112 7 4 7 4 7 4 13 MED BUBBLER 60 4 4 7 4 LOW DRIP .60 LOW DRIP .60 14 7 4 LOW DRIP .60 LOW DRIP .60 LOW DRIP .60 MED BUBBLER 60 4 4 MED BUBBLER 60 4 4 LOW DRIP .60 LOW DRIP .60 35 .35 35 .35 35 .35 35 .35 35 .35 35 .35 35 .35 35 .35 35 .35 123456789 MED BUBBLER 60 4 4 LOW DRIP .60 35 .35 LOW DRIP .60 LOW DRIP .60 10111213 MED BUBBLER 60 4 4 LOW DRIP .60 LOW DRIP .60 14 LOW DRIP .60 LOW DRIP .60 LOW DRIP .60 MED BUBBLER 60 4 4 MED BUBBLER 60 4 4 LOW DRIP .60 LOW DRIP .60 35 .35 35 .35 35 .35 35 .35 35 .35 35 .35 35 .35 35 .35 35 .35 F.2.o Packet Pg. 2718
Attachment: Project Plans - Conceptual Landscaping and Preliminary Grading [Revision 1] (6478 : BEYOND FOOD MART)

EV EV CV CV
NO

PARKING
NO

PARKING
CV CV
EV
EV
No. 87222
5 PRELIMINARY GRADING PLAN
1 PROJECT
SITE
F.2.o
Packet Pg. 2719
Attachment: Project Plans - Conceptual Landscaping and Preliminary Grading [Revision 1] (6478 : BEYOND FOOD MART) No. 87222
5 PRELIMINARY GRADING PLAN
2 PROJECT
SITE
F.2.o
Packet Pg. 2720
Attachment: Project Plans - Conceptual Landscaping and Preliminary Grading [Revision 1] (6478 : BEYOND FOOD MART)

EV EV CV CV
NO

PARKING
NO

PARKING
CV CV
EV
EV
NO

PARKING
CV CV

EV EV PARKING NO CV CV
EV
EV
No. 87222
5 PRELIMINARY GRADING PLAN
3 PROJECT
SITE
F.2.o
Packet Pg. 2721
Attachment: Project Plans - Conceptual Landscaping and Preliminary Grading [Revision 1] (6478 : BEYOND FOOD MART) No. 87222
5 PRELIMINARY GRADING PLAN
4 PROJECT
SITE
F.2.o
Packet Pg. 2722
Attachment: Project Plans - Conceptual Landscaping and Preliminary Grading [Revision 1] (6478 : BEYOND FOOD MART)

EV EV CV CV
NO

PARKING
NO

PARKING
CV CV
EV
EV
No. 87222
5 PRELIMINARY GRADING PLAN
5 PROJECT
SITE
F.2.o
Packet Pg. 2723
Attachment: Project Plans - Conceptual Landscaping and Preliminary Grading [Revision 1] (6478 : BEYOND FOOD MART) ID#6422 Page 1

PLANNING COMMISSION

STAFF REPORT
Meeting Date: November 9, 2023

A PROPOSAL FOR THE DEVELOPMENT AND OPERATION OF AN ISLAND

FUELING STATION, VEHICLE CHARGING STATIONS, CONVENIENCE STORE (BEYOND FOOD MART), AND DRIVE-THRU CARWASH
Case: Master Plot Plan (PEN22-0238)
Conditional Use Permit (PEN22-0176)
Applicant: Beyond Food Mart, Inc.

Property Owner: Tabel Center, LLC
Representative: Michael Ramirez
Project Site: Northwest corner of Iris Avenue and Oliver Street (APN: 486-310-038)
Case Planner: Oliver Mujica, Contract Planner
Council District: 4
Proposal: The Applicant is requesting the approval of a 1.31-acre Energy Center comprised of an eight (8) island fueling
station, six (6) vehicle charging stations, a convenience store, and a drive-thru carwash.

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

SUMMARY
Beyond Food Mart, Inc. (“Applicant”) submitted applications for a Master Plot Plan (PEN22-0238) for a 1.31-acre commercial development and a Conditional Use Permit (PEN22-0176) for the operation of an eight (8) island fueling station, six (6) vehicle charging stations, 7,400 square foot convenience store, and drive-thru carwash, along with the associated landscaping, and on-site and off-site improvements. The proposed F.2.p
Packet Pg. 2724 Attachment: Planning Commission Staff Report - Beyond Food Mart (6478 : BEYOND FOOD MART)

Page 2 ends

Moreno Valley City CouncilDecember 19, 2023

Moreno Valley City Council
December 19, 2023