Agenda packet, study session, second session — Moreno Valley City Council, March 5, 2024 (part 4 of 5)

Ini�als: _________
Date: ___________
Cultural
Resources

a) Cause a substan�al adverse
change in the signiﬁcance of an
archaeological resource
pursuant to §15064.5?

MM CUL-01: Archeological Monitoring. Prior to the issuance of a grading permit, the Developer shall retain a professional archaeologist to conduct monitoring of all ground -disturbing ac�vi�es. The Project Archaeologist shall have the authority to temporarily redirect earthmoving ac�vi�es in the event that suspected archaeological resources are unearthed during Project construc�on. The Project Archaeologist, in consulta�on with the Consul�ng Tribe(s) including Pechanga Band of Indians, Morongo Band of Mission Indians, Rincon Band of Luiseño Indians, Soboba Band of Luiseno Indians, Agua Caliente Band of Cahuilla Indians, Yuhaaviatam of San Manuel Na�on (formerly known as the San Manuel Band of Mission Indians), the contractor, and the City, shall develop a Cultural Resources Monitoring P lan (CRMP) as deﬁned in CR- 3. The Project archeologist shall atend the pre- grading mee�ng with the City, the construc�on manager and any contractors, and Consul�ng Tribal representa�ves; and will conduct a mandatory Cultural Resources Worker Sensi�v ity Prior to the
issuance of
grading permit
Planning Division and
Building Oﬃcial, City’s
Archaeological and
Paleontological
Monitors, Developer,
Contractor and
Builder, Pechanga
Band of Indians,
Morongo Band of
Mission Indians,
Rincon Band of
Luiseño Indians,
Soboba Band of
Luiseno Indians, Agua
Caliente Band of
Cahuilla Indians,
Yuhaaviatam of San

Ini�als: _________

Date: ___________

J.1.y
Packet Pg. 553
Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF MORENO VALLEY

GOYA AT HERITAGE PARK

MORENO VALLEY, CA
DECEMBER 28, 2023

a) Con�nued…

Training to those in atendance. The archaeological monitor shall have the authority to temporarily halt and redirect earth moving ac�vi�es in the aﬀected area in the event that suspected archaeological resources are unearthed
Manuel Na�on
(formerly known as
the San Manuel Band
of Mission Indians)
MM CUL-02: Na�ve American Monitoring. Prior to the issuance of a grading permit(s), the Developer shall secure agreements with the Pechanga Band of Indians, Morongo Band of Mission Indians, Rincon Band of Luiseño Indians, Soboba Band of Luiseno Indians, Agua Caliente Band of Cahuilla Indians, and Yuhaaviatam of San Manuel Na�on (formerly known as the San Manuel Band of
Mission Indians), for tribal monitoring. The Developer is also required to provide a minimum of 30 days’ advance no�ce to the tribes of a ll ground disturbing ac�vi�es. The Na�ve American Tribal Representa�ves shall have the authority to temporarily halt and redirect earth moving ac�vi�es in the aﬀected area in the event that suspected archaeological resources are unearthed. The Na�ve American Monitor(s) shall atend the pre -grading mee�ng with the Project Archaeologist, City, the construc�on manager and any contractors and will conduct the Tribal Perspec�ve of the mandatory Cultural Resources Worker Sensi�vity Training to those in atendance.

Prior to the
issuance of
grading permit(s)
Project Builder/
Developer/Contractor,
Pechanga Band of
Indians, Morongo
Band of Mission
Indians, Rincon Band
of Luiseño Indians,
Soboba Band of
Luiseno Indians, Agua
Caliente Band of
Cahuilla Indians, and
Yuhaaviatam of San
Manuel Na�on
(formerly known a s
the San Manuel Band
of Mission Indians),
Project Archeologist,
construc�on manager

Ini�als: _________

Date: ___________

MM CUL -03: Cultural Resource Monitoring Plan (CRMP). The Project Archaeologist, in consulta�on with the Consul�ng Tribe(s), the contractor, and the City, shall develop a CRMP in consulta�on pursuant to the deﬁni�on in AB52 to address the details, �ming and responsibility of all archaeological and cult ural ac�vi�es that will occur on the project site. A consul�ng Tribe is deﬁned as a Tribe that ini�ated the AB 52 tribal consulta�on process for the Project, has not opted out of the AB52 consulta�on process, and has completed AB 52 consulta�on with the City as provided for in Cal Pub Res Code Sec�on 21080.3.2(b)(1) of AB52. Details in the Plan shall include:
a. Project descrip�on and loca�on
b. Project grading and development scheduling;
Prior to the
issuance of
building permits
and Project
ini�a�on.

Project Archeologist in
consulta�on with
Consul�ng Tribe(s)

Ini�als: _________

Date: ___________

J.1.y
Packet Pg. 554
Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF MORENO VALLEY

GOYA AT HERITAGE PARK

MORENO VALLEY, CA
DECEMBER 28, 2023

a) Con�nued…

c. Roles and responsibili�es of individuals on the Project; d. The pre-grading mee�ng and Cultural Resources Worker Sensi�vity Training details;
e. The protocols and s�pula�ons that the contractor, City, Consul�ng Tribe (s) and Project archaeologist will follow in the event of inadvertent cultural resources
discoveries, human remains/crema�ons, sacred and
ceremonial items, including any newly d iscovered
cultural resource deposits that shall be subject to a
cultural resources evalua�on.
f. The type of recorda�on needed for inadvertent ﬁnds
and the s�pula�ons of recorda�on of sacred items.
g. Contact informa�on of relevant individuals for the Project.

MM CUL -04: Cultural Resource Disposi�on . In the event that Na�ve American cultural resources are discovered during the course of ground disturbing ac�vi�es (inadvertent discoveries), the following procedures shall be carried out for ﬁnal disposi�on of the discoveries:

A. One or more of the following treatments, in order of preference, shall be employed with the tribes. Evidence of such shall be provided to the City of Moreno Valley Planning Division:

i. Preserva�on-In-Place of the cultural resources, if feasible.

Preserva�on in place means avoiding the resources, leaving them in the place they were found with no development
aﬀec�ng the integrity of the resources.
ii. Onsite reburial of the discovered items as detailed in the treatment plan required pursuant to Mi�ga�on Measure
MM
CUL-03. This shall include measures and provisions to protect the future reburial area from any future impacts in
perpetuity. Reburial shall not occur un�l all legally required cataloging and basic recorda�on have been completed. No recorda�on of sacred items is permited without the writen consent of all Consul�ng Na�ve American Tribal
In the event that
Na�ve American
cultural resources
are discovering
during ground
disturbing
ac�vi�es
(inadvertent
discoveries.

City of Moreno Valley
Planning Division

Ini�als: _________

Date: ___________

J.1.y
Packet Pg. 555
Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF MORENO VALLEY

GOYA AT HERITAGE PARK

MORENO VALLEY, CA
DECEMBER 28, 2023

a) Con�nued…

Governments as deﬁned in MM CUL-03. The loca�on for the future reburial area shall be iden�ﬁed on a conﬁden�al
exhibit on ﬁle with the City and concurred to by the
Consul�ng Na�ve American Tribal Governments prior to
cer�ﬁca�on of the environmental document.

MM CUL-05: Archaeological Resources. The City shall verify that the following note is included on the Grading Plan:
- If any suspected archaeological resources are discovered during ground –disturbing ac�vi�es and the Project
Archaeologist and/or Na�ve American Tribal Representa�ves are not present, the construc�on supervisor is obligated to ha lt w o rk in a 10 0-foot radius around the ﬁnd and call the Project Archaeologist and the Tribal Representa�ves to the site to assess the signiﬁcance of the ﬁnd.

Prior to the
issuances of
grading permit
City of Moreno Valley
Planning Division,
Construc�on
supervisor

Ini�als: _________

Date: ___________

MM CUL -06: Inadvertent Finds . If poten�al historic or cultural resources are uncovered during excava�on or construc�on ac�vi�es at the project site that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to Project approval, all ground disturbing ac�vi�es in the aﬀected area within 100 feet of the uncovered resource must cease immediately and a qualiﬁed person mee�ng the Secretary of the Interior's standards (36 CFR 61), Tribal Representa�ves, and all site monitors per the Mi� ga�on Measures, shall be consulted by the City to evaluate the ﬁnd, and as appropriate recommend alterna�ve measures to avoid,
minimize or mi�gate nega�ve eﬀects on the historic, or prehistoric resource. Further ground disturbance shall not resume within the area of the discovery un�l a treatment plan has been prepared and approved by all Consul�ng Par�es, then work may resume a�er the treatment plan has been completed. Work shall be allowed to con�nue outside of the buﬀer area and will be monitored by addi�onal archeologist and Tribal Monitors, if needed. Determina�ons and recommenda�ons by the consultant shall be immediately submited to the Planning Division for If poten�al
historic or cultural
resources are
uncovered during
excava�on or
construc�on
ac�vi�es at the
project site that
were not
assessed by the
archaeological
report(s) and/or
environmental
assessment
conducted prior
to Project
approval
A qualiﬁed person
mee�ng the Secretary
of the Interior's
standards

Ini�als: _________

Date: ___________

J.1.y
Packet Pg. 556
Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF MORENO VALLEY

GOYA AT HERITAGE PARK

MORENO VALLEY, CA
DECEMBER 28, 2023

a) Con�nued… considera�on and implemented as deemed appropriate by the Community Development Department Director, in consulta�on with the State Historic Preserva�on Oﬃcer (SHPO) and any and all Consul�ng Na�ve American Tribes as deﬁned in MM CUL -03:

Cultural Resource Monitoring Plan (CRMP) before any further work commences in the aﬀected area. If the ﬁnd is determined to be signiﬁcant and avoidance of the site has not been achieved, a Phase III data recovery plan shall be prepared by the Project Archeologist, in consulta�on with the Tribe, and shall be submited to the City and Consul�ng Tribes for their review and approval prior to implementa�on of the said plan.

MM CUL-07: Archeology Report - Phase III and IV. Prior to ﬁnal inspec�on, the developer/permit holder shall prompt the Project Archeologist to submit two (2) copies of the Phase III Data Recovery report (if required for the Project) and the Phase IV Cultural Resources Monitoring Report that complies with the Community Development Department's requirements for such reports. The Phase IV report shall include evidence of the required cultural/historical sensi�vity training for the construc�on staﬀ held during the pre-grade mee�ng. The Community Development Department shall review the reports to determine adequate mi�ga�on compliance. Provided the reports are adequate, the Community Development Department shall clear this condi�on.

Once the report(s) are determined to be adequate, two (2) copies shall be submited to the Eastern Informa�on Center (EIC) at the University of California Riverside (UCR) and one (1) copy shall be submited to the Consul�ng Tribe(s) Cultural Resources
Department(s).

Prior to ﬁnal
inspec�on
Project
developer/permit
holder, Project
Archeologist

Ini�als: _________

Date: ___________

b) Disturb any human remains,
including those interred outside
of formally dedicated
cemeteries?

MM CR 7 Human Remains. If human remains and/or crema�ons are discovered, no further disturbance shall occur in the aﬀected area un�l the County Coroner has made necessary ﬁndings as to origin.

A. Should human remains and/or crema�ons be
encountered on the surface or during any and all
ground-disturbing ac�vi�es (i.e., clearing, grubbing, tree At the �me
human remains
are encountered
during Project
construc�on.

Project Developer/
Builder/Contractor,
Field Crew/ Personnel,
County Coroner

Ini�als: _________

Date: ___________

J.1.y
Packet Pg. 557
Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF MORENO VALLEY

GOYA AT HERITAGE PARK

MORENO VALLEY, CA
DECEMBER 28, 2023

b) Disturb any human remains,
including those interred outside
of formally dedicated
cemeteries?

and bush removal, grading, trenching, fence post
placement and removal, construc�on excava�on,
excava�on for all water supply, electrical, and irriga�on lines, and landscaping phases of any kind), work in the immediate vicinity of the discovery shall i mmediately
stop within a 100-foot perimeter of the discovery. The
area shall be protected; project personnel/observers
will be restricted. The County Coroner is to be contacted within 24 hours of discovery. The County Coroner has 48 hours to make his/her d etermina�on pursuant to State
and Safety Code §7050.5. and Public Resources Code
(PRC) § 5097.98.

B. In the event that the human remains and/or crema�ons are iden�ﬁed as Na�ve American, the Coroner shall
no�fy the Na�ve American Heritage Commission within
24 hours of determina�on pursuant to subdivision (c) of HSC §7050.5.

C. The Na�ve American Heritage Commission shall
immediately no�fy the person or persons it believes to
be the Most Likely Descendant (MLD). The MLD has 48
hours, upon being granted access to the Project site, to inspect the site of discovery and make his/her
recommenda�on for ﬁnal treatment and disposi�on,
with appropriate dignity, of the remains and all
associated grave goods pursuant to PRC §5097.98
D. No photographs are to be taken except by the coroner, with writen approval by the consul�ng Tribe[s].

MM CUL -09: Non -Disclosure of Reburial Loca�ons . I t i s understood by all par�es that unless otherwise required by law, the site of any reburial of Na�ve American human remains or associated grave goods shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the speciﬁc exemp�on set forth in California Government Code 6254 (r)., par�es, and Lead Agencies, will be asked to withhold public Upon the reburial
of Na�ve
American remain
or associated
grave goods
Project Developer/
Builder/Contractor,
County Coroner

Ini�als: _________

Date: ___________

J.1.y
Packet Pg. 558
Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF MORENO VALLEY

GOYA AT HERITAGE PARK

MORENO VALLEY, CA
DECEMBER 28, 2023

b) Con�nued…

disclosure informa�on related to such reburial, pursuant to the speciﬁc exemp�on set forth in California Government Code 6254 (r).

J.1.y
Packet Pg. 559
Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF MORENO VALLEY

GOYA AT HERITAGE PARK

MORENO VALLEY, CA
DECEMBER 28, 2023

a) Directly or indirectly cause
poten�al substan�al adverse eﬀects,
including the risk of loss, injury or
death involving:
ii) Strong seismic ground shaking?

c) Be located on a geologic unit or
soil that is unstable, or that would
become unstable as a result of the
project, and poten�ally result in on -
or oﬀ-site landslide, lateral
spreading, subsidence, liquefac�on
or collapse?

d) Be located on expansive soil, as
deﬁned in Table 18-1-B of the
Uniform Building Code (1994),
crea�ng substan�al direct or
indirect risks to life or property?
a) ii), c), & d) Con�nued…

MM GEO-01: Fill Materials-
a) During earthwork, iden�fy loca�ons of ﬁll soils that have not been properly compacted and cer�ﬁed and
excavate and recompact these areas. Prior to backﬁlling, the botom of the excava�on should be observed by the
Project Geotechnical Engineer to verify no addi�onal
removal or recompac�ng is required.
b) During earthwork, the contractor shall verify that ﬁ ll soils are placed in li�s approximately 6 inches thick
according to the geotechnical engineer’s
recommenda�ons, moisture-condi�oned to a minimum
of 2 percent above op�mum moisture- content and
compacted to achieve at least 95 percent maximum
density based on ASTM Test Method D1557.
c) During earthwork, the contractor shall verify that
Imported Fill should consist of a well -graded, slightly cohesive, ﬁne silty sand or sandy silt, with rela�vely
impervious characteris�cs when compacted. This
material should be approved by the Soils Engineer prior to use and should typically possess the following
characteris�cs:
a. Percentage Passing No. 200 Sieve= 20 to 50
b. Plas�city Index= 10 maximum
c. UBC Standard 29 -2 Expansion Index = 15
maximum
d) During earthwork the contractor shall work with the
soils engineer to verify suitability of soils for structure founda�ons. The soils engineer has the op�on of
rejec�ng any compacted material regardless of the
degree of compac�on if that material is considered to
be unstable or if future instability is suspected.

During earthwork
throughout
Project
construc�on and
prior to
backﬁlling.

Project Developer/
Builder/Contractor,
Project Geotechnical
Engineer, City
Engineer and Building
Oﬃcial and City
Inspector

Ini�als: _________

Date: ___________

J.1.y
Packet Pg. 560
Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF MORENO VALLEY

GOYA AT HERITAGE PARK

MORENO VALLEY, CA
DECEMBER 28, 2023

a) ii), c), & d) Con�nued…

MM GEO-02: Minimize Post-construc�on Soil Movement- In order to reduce post-construc�on soil movement and provide uniform support for the buildings, proposed parking, driver areas, and other founda�ons, the Project contractor in coordina�on with the Project Geotechnical Engineer and City’s Engineer should abide by the following during Project construc�on and ground disturbing ac�vi�es:
a) Overexcava�on and recompac�on within the proposed
building footprint areas should be performed to a
minimum depth of at least ﬁve (5) feet below exis�ng
grades or two (2) feet below the botom of the proposed
founda�on bearing grades. In addi�on, any ﬁll soil
present in the building area should be removed and re - placed as compacted Engineered Fill. The
overexcava�on and recompac�on should also extend
laterally ﬁve feet (5’) beyond edges of the proposed
foo�ngs or building limits.
b) Overexcava�on and recompac�on of the near surface
soil in the proposed parking area should be performed
to a minimum depth of at least twelve (12) inches below exis�ng grades or proposed subgrade, whichever is
deeper. The actual depth of the overexcava� on and
recompac�on should be determined by the
geotechnical engineer or authorized representa�ve for
the geotechnical engineer during construc�on. The
overexcava�on and recompac�on should also extend
laterally at least three (3) feet beyond edges of the
proposed paving limits or to the property boundary. Any undocumented ﬁll encountered during grading should
be removed and replaced with Engineered Fill.
c) Overexcava�on and recompac�on of the soil in
proposed street improvements and driveway
approaches should be performed to a minimum depth
of at least eighteen (18) inches below exis�ng grades or proposed subgrade, whichever is deeper. The actual
depth of the overexcava�on and recompac�on should
During Project
implementa�on
(construc�on)
and ground
disturbing
ac�vi�es.

Project D eveloper/
Builder/Contractor,
Project Geotechnical
Engineer, City
Inspector

Ini�als: _________

Date: ___________

J.1.y
Packet Pg. 561
Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF MORENO VALLEY

GOYA AT HERITAGE PARK

MORENO VALLEY, CA
DECEMBER 28, 2023

a) ii), c), & d) Con�nued…

be determined by the geotechnical engineer or
authorized representa�ve for the geotechnical engineer
during construc�on. The overexcava�on and
recompac�on should also extend laterally at least three (3) feet beyond edges of the proposed paving limits or
to the property boundary. Any undocumented ﬁll
encountered during grading should be removed and
replaced with Engineered Fill.

MM GEO -03: Concrete Slabs -on-grade- Unless designed by the project structural engineer, concrete slabs -on-grade should be veriﬁed by the City Inspector, ongoing during construc�on, as a minimum of ﬁve (5) inches thick and reinforced per the geotechnical engineer’s recommenda�ons, that the concrete slab be reinforced to reduce crack separa�on and possible ver�cal oﬀset at the cracks with at least No. 3 reinforcing bars placed on 18-inch centers. Thicker ﬂoor slabs with increased concrete strength and reinforcem ent should be designed wherever heavy concentrated loads, heavy equipment, or machinery will be placed.

Throughout
Project
construc�on.

Project Developer/
Builder/Contractor,
Project Geotechnical
Engineer, and Building
Oﬃcial City Inspector

Ini�als: _________

Date: ___________

MM GEO -04: Winteriza�on - The Contractor shall winterize the Project Site prior to the start of and throughout the rainy season (generally October 15
th to April 15th) to prevent upper soils from
becoming very moist during the winter months due to rain and the absorp�ve characteris�cs of the soils. Winteriza�on shall consist of placement of materials on aggregate base and protec�ng (eleva�ng and covering) exposed soils during the construc�on phase.

Prior to and
during wet winter
months of Project
construc�on.

Project Developer/
Builder/Contractor,
and City Inspector

Ini�als: _________

Date: ___________

MM GEO -05: Traﬃc Indices - Prior to issuance of the ﬁnal tract map and permits, the City Engineer and/or Building Oﬃcial shall verify that street improvement plans and construc�on drawings for the Project show the correct numeric value for the
recommended Traﬃc Index for pavement. Installa�on per this standard shall be ﬁeld veriﬁed by the City Inspector The following table shows the recommended pavement sec�ons for various traﬃc indices:

Throughout
Project
construc�on and
repaving.

Project Developer/
Builder/Contractor,
Project Geotechnical
Engineer, City
Engineer, Building
Oﬃcial, City Inspector

Ini�als: _________

Date: ___________

J.1.y
Packet Pg. 562
Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF MORENO VALLEY

GOYA AT HERITAGE PARK

MORENO VALLEY, CA
DECEMBER 28, 2023

a) ii), c), & d) Con�nued…

Traﬃc
Index
Asphal�c
Concrete
Class II Aggregate
Base*
Compacted
Subgrade**

4.0 2.0” 4.0” 18.0”

4.5 2.5” 4.0” 18.0”

5.0 2.5” 4.0” 18.0”

5.5 3.0” 4.0” 18.0”

6.0 3.0” 4.0” 18.0”

6.5 3.5” 4.0” 18.0”

7.0 4.0” 4.0” 18.0”

7.5 4.0” 4.0” 18.0”

The recommended Traﬃc Index applied to the Project shall be veriﬁed by the geotechnical engineer prior to paving. If a higher Traﬃc Index is required, this shall be obtained from the geotechnical engineer.

The following recommenda�ons are for light-duty and heavy-duty Portland Cement Concrete pavement sec�ons.

Portland Cement Pavement
Light Duty
Traﬃc
Index
Portland Cement
Concrete***
Class II
Aggregate
Base*
Compacted
Subgrade**

4.5 5.0” -- 12.0”
Heavy Duty
Traﬃc
Index
Portland Cement
Concrete***
Class II
Aggregate
Base*
Compacted
Subgrade**

7.0 6.5” -- 12.0”
Note: * 95% compac�on based on ASTM Test Method D1557 or CAL 216
**95% compac�on based on ASTM Test Method D1557
or CAL 216
***Minimum compressive strength of 3,000 psi

MM GEO -06: Inﬁltra�on Systems - Prior to issuance of the ﬁnal tract map and permits, the City Engineer and the Building Oﬃcial shall verify that plans show appropriate setbacks for inﬁltra�on During Grading
and Construc�on
City Engineer, City
Building Oﬃcial, City

Ini�als: _________

J.1.y
Packet Pg. 563
Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF MORENO VALLEY

GOYA AT HERITAGE PARK

MORENO VALLEY, CA
DECEMBER 28, 2023

a) ii), c), & d) Con�nued…

systems. City inspec�ons shall conﬁrm implementa�on as follows:

It is recommended that the loca�on of the inﬁltra�on systems not be closer than ten feet (10’) as measured laterally from the edge of the adjacent property line, ten feet (10’) from the outside edge of any founda�on and ﬁve (5’) from the edge of any r ight-of way to the outside edges of the inﬁltra�on system.

If the inﬁltra�on loca�on is within ten feet (10’) of the proposed founda�on, it is recommended that this inﬁltra�on system should be impervious from the ﬁnished ground surface to a depth that will achieve a diagonal distance of a minimum of ten fee t (10’) below the botom of the closest foo�ng in the project.

Inspector, and
Contractor
Date: ___________

MM GEO-07: Founda�ons (Conven�onal Final Founda�on
Systems): Prior to issuance of permits, the City Engineer and Building Oﬃcial shall verify that plans show compliance with the following founda�on requirements:

During construc�on, t he Contractor, geotechnical engineer, and City Inspector shall verify that proposed structures are supported property on a shallow founda�on system bearing a minimum of three (3) feet of Engineered Fill.

Spread and con�nuous foo�ngs can be designed for the following maximum allowable soil bearing pressures:

1. Dead Load Only- 2,000 psf Allowable Loading

2. Dead-Plus-Live Load- 2,600 Allowable Loading

3. Total Load, including wind or seismic loads - 3,500 psf Allowable Loading
The foo�ngs should be a minimum depth of 18 inches below pad subgrade (soil grade) or adjacent exterior grade, which is lower.

Foo�ngs should have a minimum width of 15 inches, regardless of load.

Prior to issuance
of permits

Throughout
Project
construc�on
City Engineer, Building
Oﬃcial

Project Geotechnical
Engineer, Project
contractor and City
Inspector

Ini�als: _________

Date: ___________

MM GEO-08: Floor Slabs and Exterior Flatwork : Prior to issuance of permits, the City Engineer and Building Oﬃcial shall verify that plans show compliance with the following ﬂoor slab and ﬂatwork requirements:

Prior to issuance
of permits

City Engineer, Building
Oﬃcial

Ini�als: _________

Date: ___________
J.1.y
Packet Pg. 564
Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF MORENO VALLEY

GOYA AT HERITAGE PARK

MORENO VALLEY, CA
DECEMBER 28, 2023

a) ii), c), & d) Con�nued…

During construc�on, the Contractor, geotechnical engineer, and City Inspector shall verify that proposed structures are properly supported as follows:
a) concrete slab-on-grade ﬂoors should be underlain by a water vapor retarder. The water vapor retarder should
be installed in accordance with accepted engineering
prac�ces. The water vapor retarder should consist of a
vapor retarder shee�ng underlain by a minimum of 3
inches of compacted, clean, gravel of ¾ -inch maximum
size.
b) To aid in concrete curing an op�onal 2 to 4 inches of granular ﬁll may be placed on top of the vapor retarder.

The granular ﬁll should consist of damp clean sand with at least 10 to 30 percent of the sand passing the 100
sieve.
c) It is recommended that the concrete slab be reinforced to reduce crack separa�on and possible ver�cal oﬀset at the cracks; at least No. 3 reinforcing bars on 18 -inch centers, be used for this purpose. Exterior ﬁnish grades should be a minimum of 2 percent away from all interior slab areas to preclude ponding of water adjacent to
structures.
d) It is recommended that the u�lity trenches within the structure be compacted, as speciﬁed in our report, to
reduce the transmission of moisture through the u�lity
trench backﬁll. Special aten�on to the immediate
drainage and irriga�on around the bui
lding is
recommended.

Throughout
Project
construc�on
Project Geotechnical
Engineer, Project
contractor and City
Inspector.

MM GEO-09: Lateral Earth Pressures and Retaining Walls- Prior to issuance of permits the City shall verify that plans show w alls retaining horizontal backﬁll and capable of deﬂec�ng a minimum of 0.1 percent of its height at the top may be designed using an equivalent ﬂuid ac�ve pressure of 39 pounds per square foot per foot of depth. Walls incapable of this deﬂec�on or are fully constrained walls against deﬂec�on may be designed for an Prior to issuance
of permits

City Engineer, Building
Oﬃcial

Ini�als: _________

Date: ___________

J.1.y
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Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF MORENO VALLEY

GOYA AT HERITAGE PARK

MORENO VALLEY, CA
DECEMBER 28, 2023

a) ii), c), & d) Con�nued…

equivalent ﬂuid at-rest pressure of 59 pounds per square foot per foot of depth.

During grading and backﬁlling opera�on adjacent to any walls, the contractor/builder and city inspector shall verify that heavy equipment is not allowed to operate within a lateral distance of 5 feet from the wall, or within a la teral distance equal to the wall height, whichever is greater, to avoid developing excessing lateral pressures.

Throughout
Project
construc�on
Project Geotechnical
Engineer, Project
contractor and City
Inspector.

MM GEO-10: Tes�ng and Inspec�on- Throughout construc�on the Contractor/Builder and City Inspector shall verify that the geotechnical engineer or his authorized representa�ve are present at the site during the earthwork ac�vi�es to conﬁrm that actual subsurface condi�ons are consistent with the exploratory ﬁeldwork and that proper compac�on and tes�ng are performed for structure founda�ons . Earthwork construc�on is dependent upon compac�on tes�ng and stability of the material and it is the duty of the City Inspector to ensure t hat proper compac�on and tes�ng are performed during construc�on.

During earthwork
ac�vi�es for the
dura�on of
construc�on.

Project Geotechnical
Engineer, Project
Contractor/Builder
City Inspector

Ini�als: _________

Date: ___________

MM GEO-11: Site Prepara�on - During all construc�on ac�vi�es, the Builder/Contractor and City Inspector shall verify that:
a) General site clearing should include removal of
vegeta�on; exis�ng u�li�es; structures including
founda�ons; exis�ng stockpiled soil; trees and
associated root systems; rubble; rubbish; and any loose and/or saturated materials.
b) Site stripping should extend to a minimum depth of 2 to 4 inches, or un�l all organics in excess of 3 percent by volume are removed. Deeper stripping may be required
in localized areas.
c) These materials will not be suitable for use and should not be used as Engineered Fill. However, stripped
topsoil may be stockpiled and reused in landscape or
non-structural areas.

During ground
disturbances and
during
earthworks.

Builder/ Contractor
City Inspector.

Ini�als: _________

Date: ___________

J.1.y
Packet Pg. 566
Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF MORENO VALLEY

GOYA AT HERITAGE PARK

MORENO VALLEY, CA
DECEMBER 28, 2023

b) Result in substan�al soil erosion or
the loss of topsoil?

MM GEO -12: Permanent Drainage and Landscape - Prior to ﬁnal tract map approval and issuance of permits, the City Engineer, Planning Division and Building Oﬃcial shall verify that plans for construc�on and the CC&Rs for the Project include the following speciﬁca�ons for establishing and maintaining proper drainage in perpetuity. The City Inspector and Contractor shall be responsible for implemen�ng these throughout construc�on. Long-term maintenance of items a) through h) below shall be included in the recorded CC&Rs as veriﬁed by the City Bui lding Oﬃcial and Planning Department prior to issuance of the ﬁrst ﬁnal cer�ﬁcate of occupancy.:
a) Ground surface adjacent to founda�ons shall be sloped a minimum of 5 percent for a minimum distance of 10 feet
away from structures, or to an approved alterna�ve means of drainage conveyance.
b) Swales used for conveyance of drainage and located within 10 feet of founda�ons shall be sloped a minimum of 2
percent. Impervious surfaces, such as pavement and
exterior concrete ﬂatwork, within 10 feet of building
founda�ons should be sloped a minimum of 2 percent
away from the structure.
c) Drainage gradients shall be maintained to carry all surface water to collec�on facili�es and oﬀ- site. These grades should be maintained for the life of the project.
d) Slots or weep holes should be placed in drop inlets or other surface drainage devices in pavement areas to allow free drainage of adjoining base course materials.
e) Cutoﬀ walls should be installed at pavement edges
adjacent to vehicular traﬃc areas; these walls should
extend to a minimum depth of 12 inches below pavement
subgrades to limit the amount of seepage water that can inﬁltrate the pavements. Where cutoﬀ
walls are
undesirable subgrade drains can be constructed to
transport excess water away from planters to drainage
interceptors. If cutoﬀ walls can be successfully used at the Veriﬁed Ini�ally
during Plan Check
Prior to Issuance
of Final Tract Map
Approval and
Permits. Veriﬁed
Throughout
Project
construc�on.

Veriﬁed a�er
CC&R recorda�on
and prior to
issuance of ﬁrst
cer�ﬁcate of
occupancy
Ini�al Veriﬁca�on by
the City Engineer,
Planning D ivision and
Building Oﬃcial .

Veriﬁed During
Construc�on by the
City Inspector and
Project contractor.

HOA. Veriﬁed in
recorded CC&Rs prior
to issuance of the ﬁrst
cer�ﬁcate of
occupancy.

Ini�als: _________

Date: ___________

J.1.y
Packet Pg. 567
Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF MORENO VALLEY

GOYA AT HERITAGE PARK

MORENO VALLEY, CA
DECEMBER 28, 2023

a) ii), b), c), & d) Con�nued…

site, construc�on of subgrade drains is considered
unnecessary.
f) Drainage pipes should be placed with perfora�ons down and should discharge in a non -erosive manner away from founda�ons and other improvements. The pipes should be
placed no higher than 6 inches above the heel of the wall, in the center line of the drainage blanket and should have a minimum diameter of four inches.
g) Collector pipes may be either sloted or perforated. Slots should be no wider than ⅛ inch in diameter, while
perfora�ons should be no more than ¼ inch in diameter.

If retaining walls are less than 6 feet in height, the
perforated pipe may be omited in lieu of weep holes on 4 feet maximum spacing.
h) The weep holes should consist of 4 -inch diameter holes (concrete walls) or unmortared head joints (masonry
walls) and not be higher than 18 inches above the lowest adjacent grade. Two 8-inch square overlapping patches of geotex�le fabric (conforming to Ca lTrans Standard
Speciﬁca�ons for “edge drains”) should be aﬃxed to the
rear wall opening of each weep hole to retard soil piping. f) Directly or indirectly destroy a
unique paleontological resource or
site or unique geologic feature?
MM PALEO -01: Paleontological Monitor - Prior to the start of Project construc�on, a qualiﬁed paleontological monitor shall be retained by the Project developer and be present during grading in project areas where paleontological resources are likely to reside within the underlying geologic forma�ons. In addi�on, the paleontological monitor shall be present during earthwork ac�vi�es that expose soils beyond depths of previous disturbance.

Prior to the start
of Project
construc�on and
earthwork
ac�vi�es.

Project developer and
Paleontological
Monitor

Ini�als: _________

Date: ___________
J.1.y
Packet Pg. 568
Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF MORENO VALLEY

GOYA AT HERITAGE PARK

MORENO VALLEY, CA
DECEMBER 28, 2023

a) Create a signiﬁcant hazard to
the public or the environment
through the rou�ne transport,
use, or disposal of hazardous
materials?
MM HAZ -01- Groundwater Monitoring Wells : During Project construc�on, the Project contractor shall protect exis�ng groundwater monitoring wells by crea�ng a buﬀer zone that includes placing k -rails around the perimeter of the wells. In a d d i � o n , i t i s r e q u i r e d b y M a r c h A i r F o r c e B a s e t h a t a 1 0-foot buﬀer be maintained between the areas where heavy equipment is in use in rela�on to the wells.

During Project
construc�on.

Project Builder/
Contractor and City
Inspector.

Ini�als: _________

Date: ___________
c) Emit hazardous emissions or
handle hazardous or acutely
hazardous materials, substances, or
waste within one-quarter mile of an
exis�ng or proposed school?

MM HAZ-02- Coordina�on with Val Verde School District: Prior to start of construc�on for the Project, the Contractor shall provide the construc�on schedule to the Val Verde School District. The contractor shall coordinate with the school district on an ongoing basis during construc�on and shall keep records of this coordina�on at the Project Site for review by the grading and building inspectors.

Prior to start of
construc�on.

Project Builder/
Contractor.

Ini�als: _________

Date: ___________
MM HAZ -03- Hazardous Materials Manifest and Plan: Prior to issuance of permits, the contractor shall provide a manifest of construc�on materials and a plan for proper handling, disposal, con�ngency, and emergency response to the Building Oﬃcial and ﬁre department for veriﬁca�on of adequate con�ngency
measures in regard to poten�ally hazardous materials used, stored and handled onsite during construc�on. Contractor compliance shall be monitored throughout construc�on

Prior to the
issuance of
permits and
throughout
construc�on.

Project Contractor and
City Inspectors.

Ini�als: _________

Date: ___________
Hydrology and
Water Quality

a) Violate any water quality
standards or waste discharge
requirements or otherwise
substan�ally degrade surface or
ground water quality?

MM HYDRO-01- Water Quality Best Management Prac�ces: Upon Project implementa�on, the maintenance of water quality is the responsibility of the property owner, which was disclosed within a statement of compliance prior to the purchase from the builder.

The Homeowners Associa�on (HOA) and City or County ar e responsible for enforcing the Water Quality Management Plan if the resident is not adhering to the following WQMP best management prac�ces and requirements:

Treatment Control BMP:

1. A F l o g a r d + P l u s C B i n s e r t ﬁ l t e r s h a l l b e u s e d a s a treatment control to provide proprietary treatment
mechanisms to treat poten�al pollutants in runoﬀ. The
Upon Project
implementa�on.

Property Owners,
Homeowner’s
Associa�on

Ini�als: _________

Date: ___________
J.1.y
Packet Pg. 569
Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF MORENO VALLEY

GOYA AT HERITAGE PARK

MORENO VALLEY, CA
DECEMBER 28, 2023

a) con�nued…

Flogard +Plus CB insert has a removal eﬃciency of
approximately 80% and removes proprietary pollutants
of concern including sediment, gross solids, trash, and petroleum hydrocarbons.

Permanent Structural Source Control BMPs:

1. At the loca�on of drainage inlets, install storm drain markers “Only Rain Down the Drain/ Drains to Lake”.

2. Implement a landscaping plan that will achieve the
following:
a. Preserve exis�ng na�ve trees, shrubs, and
groundcover to the maximum extent possible.
b. Design landscaping to minimize irriga�on and
runoﬀ, to promote surface inﬁltra�on and
runoﬀ where appropriate, and to minimize
the use of fer�lizers and pes�cides that can
contribute to stormwater pollu�on.
c. Where landscaped areas are used to retain or
detain stormwater, specify plants that are
tolerant of saturated soil condi�ons.
d. Consider using pest -resistant plants,
especially adjacent to hardscape.
e. To ensure successful establishment, select
plants appropriate to site soils, slopes,
climate, sun, wind, rain, land use, air
movement, ecological consistency, and plant
interac�ons.

3. HOA CC&Rs shall outline where site refuse and recycled materials will be handled and stored for pickup. If
dumpsters or other receptables are outdoors, state how
the designated area will be covered, graded, and paved to prevent run -on and show loca�ons of berms to prevent
runoﬀ from the area. Signs will be posted on or near
dumpsters sta�ng “Do not dump hazardous materials
here" or similar.

J.1.y
Packet Pg. 570
Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF MORENO VALLEY

GOYA AT HERITAGE PARK

MORENO VALLEY, CA
DECEMBER 28, 2023

a) con�nued…

4. Cover outdoor storage areas; grade and berm outdoor
storage areas to prevent run-on or run-oﬀ from area.

5. Storage of non-hazardous liquids shall be covered by a roof and/or drain to the sanitary sewer system, and be
contained by berms, dikes, liners, or vaults.

6. Storage of hazardous materials and waste must be in
compliance with the local hazardous materials ordinance and a Hazardous Materials Management Plan for the site.

7. A detailed descrip�on of materials stored within storage area and structural features shall be provide by the
Property owner to prevent pollutants from entering storm drains.

8. Provide a means to drain ﬁre sprinkler test water to the sanitary sewer.

9. Roo�op equipment with poten�al to produce pollutants shall be roofed and/or have secondary containment.

10. Avoid rooﬁng, guters, and trim made of copper or other unprotected metals that may leach into runoﬀ.

Opera�onal Source Control BMPs:

1. Maintain and periodically repaint or replace inlet
markings.

2. Provide stormwater pollutant preven�on informa�on to new site owners, lessees, or operators.

3. Maintain landscaping using minimum or no pes�cides.

4. Provide an adequate number of receptacles. Inspect
receptacles regularly; repair or replace leaky
receptacles. Keep receptacles covered.

5. Prohibit/ Prevent dumping of liquid of hazardous
wastes. Post “no hazardous materials” signs. Inspect
and pick up liter daily and clean up spills immediately.

Keep spill control materials available on-site.

6. Sweep plazas, sidewalks, and parking lots regularly to prevent accumula�on of liter and debris. Collect debris from pressure washing to prevent entry into the storm
drain system. Collect wash water containing any
J.1.y
Packet Pg. 571
Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF MORENO VALLEY

GOYA AT HERITAGE PARK

MORENO VALLEY, CA
DECEMBER 28, 2023

a) con�nued… cleaning agent or degreaser and discharge to the sanitary sewer not to a storm drain.

Noise

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?

MM NOI-01- Noise Atenua�on: Prior to issuance of the ﬁnal tract map and permits the Building Oﬃcial and the Planning D ivision shall verify that a six-foot concrete wall as shown on Figure 7: Site Plan, and in the CC&Rs for the Project will be constructed and maintained so that exterior noise levels do not exceed the City’s exterior noise level criteria of 65 dBA CNEL. The wall should be con�nuous, solid, without holes or cracks and be maintained in perpetuity by the HOA.

Prior to issuance of permits and as veriﬁed through construc�on inspec�ons, the Building Oﬃcial and the Planning Department shall verify that construc�on plans include noise atenua�ng windows described as follows: To achieve interior noise levels less than 45 dBA CNEL, windows and sliding glass doors on the north, west, and south facing facades of the ﬁrst row of homes from Indian Avenue shall have an Sound Transmission Class (STC) ra�ng of at least 30. This shall be maintained according to CC&Rs enforced by the HOA.

Long-term maintenance of the noise attenuating walls and windows above shall be included in the recorded CC&Rs as verified by the City Building Official and Planning Division prior to issuance of the first final certificate of occupancy.

Prior to issuance
of the ﬁnal tract
maps, permits
and throughout
construc�on and
veriﬁed in the
recorded CC&Rs
Building Oﬃcial and
the Planning D ivision,
building inspectors

Best Management Prac�ces
BMP NOI -01: Noise Best Management Prac�ces - Prior to the issuances of building permits and grading permits, the Project contractor shall be provided Project plans that include the following speciﬁca�ons to minimize construc�on noise emana�ng from the proposed Project:

1. All equipment, whether ﬁxed or mobile, will be
equipped with properly opera�ng and maintained
muﬄers, consistent with manufacturer standards.

Prior to the
issuance of
building permits
and grading
permits.

City of Moreno Valley
and Project
contractor.

Ini�als: _________

Date: ___________
J.1.y
Packet Pg. 572
Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF MORENO VALLEY

GOYA AT HERITAGE PARK

MORENO VALLEY, CA
DECEMBER 28, 2023

Issue Poten�ally Signiﬁcant Impact
reduced to Less than Signiﬁcant
with Mi�ga�on Incorporated
Recommended Mi�ga�on Measure Timing Responsible Party Date Completed and Ini�als
Noise

a) Continued…

2. All sta�onary construc�on equipment will be placed so that emited noise is directed away from the noise
sensi�ve receptors nearest the Project Site.

3. As applicable, all equipment shall be shut oﬀ and not le� in idle when not in use.

4. To the degree possible, equipment staging will be
located in areas that create the greatest distance
between construc�on -related noise and vibra�on
sources and exis�ng sensi�ve receptors.

5. Jackhammers, pneuma�c equipment, and all other
portable sta�onary noise sources will be directed away
and shielded from exis�ng residences in the vicinity of the Project Site. Either one- inch plywood or sound
blankets can be u�lized for this purpose. T hey should
reach up from the ground and block the line of sight
between equipment and exis�ng residences. The
shielding should be without holes and cracks.

6. No ampliﬁed music and/or voice will be allowed on the Project Site.

7. Haul truck deliveries will not occur outside of the hours presented as exempt for construc�on per City of
Moreno Valley Municipal Code Sec�ons 8.14.040 and

11.80.030(D)(7).

8. The use of vibratory rollers will be limited within 26 feet and large bulldozers within 15 feet of the exis�ng
residen�al structures to the south of the Project Site.

Through the City’s standard applica�on of plan check and review process, the City of Moreno Valley will verify noise BMPs are stated on approved plans.

J.1.y
Packet Pg. 573
Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF MORENO VALLEY

GOYA AT HERITAGE PARK

MORENO VALLEY, CA
DECEMBER 28, 2023

Issue Poten�ally Signiﬁcant Impact
reduced to Less than Signiﬁcant
with Mi�ga�on Incorporated
Recommended Mi�ga�on Measure Timing Responsible Party Date Completed and Ini�als
Noise b) Genera�on of excessive
groundborne vibra�on or
groundborne noise levels?
See BMP NIO-01: Noise Best Management Prac�ces. Prior to the issuance of
building permits
and grading
permits.

City of Moreno Valley
and Project
contractor.

Ini�als: _________

Date: ___________
Public Services
and U�li�es
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:
iii) Schools?

MM PUB-01- School Fees: Prior to the issuance of the final tract map and permits, City Building Official shall verify that the Developer/Builder has paid required school fees to the City based on square footage of new structures for mitigation of impacts from increased enrollment. Payment of the Development Impact Fee.

Prior to the
issuance of the
ﬁnal tract map
and permits and
Project
construc�on.

City Building Oﬃcial,
Project
Developer/Builder.

Ini�als: _________

Date: ___________

Transporta�on

a) Conﬂict with program plan,
ordinance or policy addressing
the circula�on system,
including transit, roadway,
bicycle and pedestrian
facili�es?

SC TRAF-01: Construc�on Traﬃc Control Plan- Prior to the start of construc�on, the City of Moreno Valley’s standard development review process and condi�ons of approved shall verify that the Project contractor comply with the following or similar condi�ons throughout Project construc�on to ensure minimal traﬃc impacts during Project construc�on:

- A construc�on work zone traﬃc control plan that
complies with State/Federal standards as prescribed in
the California Manual on Uniform Traﬃc Control
Devices (CA MUTCD) shall be submited to the City for
review and approval prior to the issuance of a grading
permit or start of construc�on. The plan shall iden�fy
any roadway, sidewalk, bicycle route, or bus stop
closures and detours as well as haul routes and hours of Prior to the start
of construc�on.

City of Moreno Valley
and Project
Contractor.

Ini�als: _________

Date: ___________
J.1.y
Packet Pg. 574
Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF MORENO VALLEY

GOYA AT HERITAGE PARK

MORENO VALLEY, CA
DECEMBER 28, 2023

Issue Poten�ally Signiﬁcant Impact
reduced to Less than Signiﬁcant
with Mi�ga�on Incorporated
Recommended Mi�ga�on Measure Timing Responsible Party Date Completed and Ini�als
Transporta�on a) Con�nued… opera�on. All construc�on -related trips shall be restricted to oﬀ-peak hours to the extent possible.

- All on -site and oﬀ- site roadway design, traﬃc signing and striping, and traﬃc control improvements rela�ng
to the proposed project shall be constructed in
accordance with applicable State/Federal engineering
standards.

- Site-adjacent roadways shall be constructed or repaired at their ul�mate half -sec�on width, including
landscaping and parkway improvements in conjunc�on
with development, or as otherwise required by the City
of Moreno Valley. Speciﬁcally, the proposed project
includes construc�on of adjacent street improvements
to ul�mate right -of-way width for Goya Avenue and
Indian Street.

- Adequate emergency vehicle access shall be provided to the sa�sfac�on of the Moreno Valley Fire Department.

- The ﬁnal grading, landscaping, and street improvement plans shall demonstrate that sight distance
requirements are met in accordance with applicable
sight distance standards.

J.1.y
Packet Pg. 575
Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF MORENO VALLEY

GOYA AT HERITAGE PARK

MORENO VALLEY, CA
DECEMBER 28, 2023

a) Cause a substan�al adverse
change in the signiﬁcance of a tribal
cultural resource, deﬁned in Public
Resources Code Sec�on 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 Na�ve American tribe, and
that is:
ii) A resource determined by the lead
agency, in its discre�on and
supported by substan�al evidence,
to be signiﬁcant pursuant to criteria
set forth in subdivision (c) of
Public
Resources Code sec�on 5024.1 . In
applying the criteria set forth in
subdivision (c) of
Public Resources
Code sec�on 5024.1 , the lead
agency shall consider the
signiﬁcance of the resource to a
California Na�ve American tribe.

See Mi�ga�on Measures MM CUL-01: Archeological Monitoring. Prior to the issuance of
grading permit
Planning Division and
Building Oﬃcial, City’s
Archaeological and
Paleontological
Monitors, Developer,
Contractor and
Builder, Pechanga
Band of Indians,
Morongo Band of
Mission Indians,
Rincon Band of
Luiseño Indians,
Soboba Band of
Luiseno Indians, Agua
Caliente Band of
Cahuilla Indians,
Yuhaaviatam of San
Manuel Na�on
(formerly known as
the San Manuel Band
of Mission Indians)

Ini�als: _________

Date: ___________

See Mi�ga�on Measure MM CUL-02 Na�ve American Monitoring. Prior to the issuance of
grading permit(s)
Project Builder/
Developer/Contractor,
Pechanga Band of
Indians, Morongo
Band of Mission
Indians, Rincon Band
of Luiseño Indians,
Soboba Band of
Luiseno Indians, Agua
Caliente Band of
Cahuilla Indians, and
Yuhaaviatam of San
Manuel Na�on
(formerly known a s
the San Manuel Band

Ini�als: _________

Date: ___________

J.1.y
Packet Pg. 576
Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF MORENO VALLEY

GOYA AT HERITAGE PARK

MORENO VALLEY, CA
DECEMBER 28, 2023

Issue Poten�ally Signiﬁcant Impact
reduced to Less than Signiﬁcant
with Mi�ga�on Incorporated
Recommended Mi�ga�on Measure Timing Responsible Party Date Completed and Ini�als
Tribal Cultural
Resources
a) ii) Con�nued… of Mission Indians),
Project Archeologist,
construc�on manager
See Mi�ga�on Measure MM CUL -03: Cultural Resource
Monitoring Plan (CRMP).

Prior to the
issuance of
building permits
and Project
ini�a�on.

Project Archeologist in
consulta�on with
Consul�ng Tribe(s)

Ini�als: _________

Date: ___________
U�li�es and
Services

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?

MM UTL -01- Neighborhood Coordina�on and Traﬃc Control :

Prior to issuance of permits , t h e C i t y E n g i n e e r s h a l l v e r i f y t h a t Project plans include a construc�on traﬃc management plan for the oﬀ-site improvements that will be constructed within public right-of-way with the Project (pursuant to city standards outlined in “Traﬃc Control Plan Guidelines and Checklist” updated 04/20/2022).

Prior to issuance
of permits

City Engineer

Ini�als: _________

Date: ___________
MM UTL-02- U�lity Purveyor Approval: Prior to issuance of ﬁnal tract map approval and permits, the City Building Oﬃcial shall verify that improvement plans for u�lity extensions and connec�ons and service to the structures are approved by each u�lity purveyor.

Prior to issuance
of permits and
ﬁnal tract map
approval
Building Oﬃcial

Ini�als: _________

Date: ___________
b) Have sufficient water supplies
available to serve the project
and reasonably foreseeable
future development during
normal, dry and multiple dry
years?

MM UTL -03: EMWD Water Conserva�on Policies : Prior to ﬁnal tract map approval and issuance of permits the City Engineer and Planning Department shall verify that EMWD Water Conserva�on Policies are incorporated within the Project’s CC&R’s and construc�on plan set per the following:

a) Irrigate landscape only between 9:00 p.m. and 6:00 a.m. except when:
o Manually watering;
o Establishing new landscape;
o Temperatures are predicted to fall below
freezing; or
o It is very short period of �me to adjust or repair
an irriga�on system.

Prior to ﬁnal tract
map approval and
issuance of
permits
Project City Engineer
and Planning
Department.

Ini�als: _________

Date: ___________

J.1.y
Packet Pg. 577
Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

DRAFT MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF MORENO VALLEY

GOYA AT HERITAGE PARK

MORENO VALLEY, CA
DECEMBER 28, 2023

b) Con�nued…

b) Unatended irriga�on systems using potable water are
prohibited unless they are limited to no more than 15
minutes watering per day, per sta�on. This limita�on can be extended for:
o Very low ﬂow drip irriga�on systems when no
emiter produces more than two gallons of water
per hour.
o Weather based controllers or stream rotor
sprinklers that meet 70 percent eﬃciency.
o Runoﬀ or over watering is not permited in any
case.
c) Irriga�on systems operate eﬃciently and avoid overwatering or watering of hardscape and the resul�ng runoﬀ.
d) Excessive water ﬂow or runoﬀ is prohibited
e) Install new landscaping with low -water demand trees and plants. New turf shall only be installed for func�onal
purposes.
f) Watering during rain is prohibited.

Long-term maintenance of items a) through f) above shall be included in the recorded CC&Rs as veriﬁed by the City Building Oﬃcial and Planning Department prior to issuance of the ﬁrst ﬁnal cer�ﬁcate of occupancy.

Wildﬁre

c) Require the installa�on or
maintenance of associated
infrastructure (such as roads,
fuel breaks, emergency water
sources, power lines or other
u�li�es) that may exacerbate
ﬁre r i s k o r t h a t m a y r e s u l t i n
temporary or ongoing impacts
to the environment?

MM WILD -01: HOA Fire Safety - To ensure ﬁre safety and appropriate emergency response, the Homeowner’s Associa�on shall incorporate requirements within the recorded CC&Rs that require property owners to keep the side yard setbacks free and clear of debris year-round.

Long-term maintenance of above requirement shall be included in the recorded CC&Rs as veriﬁed by the City Building Oﬃcial and Planning Department prior to issuance of the ﬁrst ﬁnal cer�ﬁcate of occupancy.

Prior to the
ﬁnaliza�on of
HOA CC&Rs.

Property owner, HOA
Ini�als: _________

Date: ___________
J.1.y
Packet Pg. 578
Attachment: Exhibit B: Mitigation Monitoring Reporting Program - Goya at Heritage Park [Revision 1]

Exhibit C

NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION J.1.z
Packet Pg. 579
Attachment: Exhibit C: Notice of Intent to Adopt a MND - Goya at Heritage Park [Revision 1] (6558 : HERITAGE PARK NEIGHBORHOODS I AND

CITY OF MORENO VALLEY

CITY COUNCIL

NOTICE OF PUBLIC HEARING AND

NOTICE OF INTENT TO ADOPT MITIGATED NEGATIVE DECLARATION

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Council of the City of Moreno Valley on the date and time set forth below:

Project: General Plan Amendment (PEN23-0072)
Change of Zone (PEN23-0071)
Tentative Tract Map 38702 (PEN23-0069)
Conditional Use Permit (PEN23-0070)
Project Applicant: David Patton
Property Owners: David Patton, Mark Patton, Tracey Duesler, and Michael and Karen Patton APN: 316-020-020, 021, 022, 023, 024 and 025
Location: Southeast corner of Goya Avenue and Indian Street Proposal: A General Plan Amendment and Change of Zone to change the Land Use Designation and Zoning District Classification of an approximate 13.73-acre project site from R5 Residential to R10 Residential and from Residential 5 (R5) District to Residential Single -Family 10 (RS10) District, respectfully, and Conditional Use Permit and Tentative Tract Map 38702 for a Planned Unit Development comprised of 131 detached single -family residences with a privately maintained and publicly available tot lot and dog park, and the required site improvements.

Council District: 4

Environmental Determination: The project has been evaluated as set forth in the California Environmental Quality Act (CEQA) and CEQA Guidelines. An Initial Study / Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program ha ve been prepared for this project. An Initial Study was circulated for public review (including interested parties/responsible agencies) from December 29, 2023 , through January 29 , 202 4 (State Clearinghouse Schedule No. 2023120766). The Initial Study / Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program can be obtained in electric format via email by request. The final document(s) may be inspected by appointment at the Community Development Department at 14177 Frederick Street, Moreno Valley, California, by calling (951) 413-3206 during normal business hours (7:30 a.m. to 5:30 p.m., Monday through Thursday, and 7:30 a.m. to 4:30 p.m. Friday). The documents may also be reviewed on the City’s website at http://www.moreno- valley.ca.us/cdd/documents/about-projects.html.

PUBLIC TESTIMONY: All interested parties will be provided an opportunity to submit oral testimony during the public hearing and/or provide written testimony during or prior to or at the public hearing. The application file and related environmental documents may be inspect ed at the Community Development Department at 14177 Frederick Street, Moreno Valley, California during normal business hours (7:30 a.m. to 5:30 p.m., Monday through Thursday, and 7:30 a.m. to 4:30 p.m. on Friday). More information can be found on the Agenda, which will be posted on the City’s website at least 72 hours prior to the meeting http://morenovalleyca.iqm2.com/Citizens/default.aspx PLEASE NOTE: The City Council may consider and approve changes to the proposed items under consideration during the Public Hearing.

GOVERNMENT CODE § 65009 NOTICE: If you challenge any of the proposed actions taken by the City Council in court, you may be limited to raising only those issues you or someone else raised during the Public Hearing described in this notice, or in written correspondence delivered to the City Council of the City of Moreno Valley during or prior to the Public Hearing.

ACCESSIBILITY: Upon request and in compliance with the Americans with Disabilities Act of 1990, any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to James Verdugo, ADA Coordinator, at (951) 413 -3350 at least 72 hours before the meeting. The 72-hour notification will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Date and Time: March 5, 2024, at 6:00 p.m.

Location: City Hall Council Chamber
14177 Frederick Street, Moreno Valley, CA 92553
Planner: Oliver Mujica, Contract Planner
Contact: (951) 413-3206 or [email protected]

Press-Enterprise February 23, 2024
Robert Flores Newspaper Date of Publication
Planning Division Manager / Official
Community Development Department
J.1.z
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Attachment: Exhibit C: Notice of Intent to Adopt a MND - Goya at Heritage Park [Revision 1] (6558 : HERITAGE PARK NEIGHBORHOODS I AND 1 Resolution No. 2024-XX
March 5, 2024
RESOLUTION NUMBER 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO

VALLEY, CALIFORNIA, APPROVING AND ADOPTING GENERAL PLAN AMENDMENT (PEN2 2-0159) AND GENERAL PLAN AMENDMENT
(PEN23-0072) TO AMEND THE GENERAL PLAN LAND USE MAP
CHANGING THE LAND USE DESIGNATIONS FROM R5 RESIDENTIAL TO R10 RESIDENTIAL FOR THE REAL PROPERTY LOCATED ON THE SOUTH SIDE OF IRIS AVENUE, EAST OF INDIAN STREET (APN:
316-030-002, 018, AND 0 19) AND SOUTHEAST CORNER OF GOYA AVENUE AND INDIAN STREET (APN: 316 -020-020, 021, 022, 023, 024, AND 025)
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California, and has the authority to approve amendments to the City’s General Plan and City’s Zoning Atlas; and
WHEREAS, South of Iris 2021 , LLC (consisting of David Patton, Mark Patton, Tracey Duesler, and Michael and Karen Patton) (“Applicant”) has submitted applications for the approval of General Plan Amendment (PEN22 -0159), Change of Zone (PEN22-0158), Conditional Use Permit (PEN22- 0157), and Tentative Tract Map 38458 (PEN22-0156) for the development of a 78 unit detached single-family residential project with associated amenities and public improvements (“Proposed Project”) on 9.42 acres located on the south side of Iris Avenue, east of Indian Street (APN: 316- 030-002, 018, and 019) (“Project Site”); and
WHEREAS, David Patton, Mark Patton, Tracey Duesler, and Michael and Karen Patton) (“Applicants”) have submitted applications for the approval of General Plan Amendment (PEN23 -0072), Change of Zone (PEN23- 0071), Conditional Use Permit (PEN23-0070), and Tentative Tract Map 38702 (PEN23- 0069) for the development of a 131 unit detached single- family residential project with associated amenities and public improvements (“Proposed Project”) on 13.73 acres located on the southeast corner of Goya Avenue and Indian Street (APN: 316- 020-020, 021, 022, 023, 024, and 025) (“Project Site”); and
WHEREAS, General Plan Amendment (PEN22- 0159) and General Plan Amendment (PEN23-0072) request amendments to the Moreno Valley General Plan from R5 Residential to R10 Residential for both of the Project Sites; and WHEREAS, on February 8, 2024 , a public hearing to consider the Proposed Projects were duly conducted by the Planning Commission, at which time all interested persons were provided with an opportunity to testify and to present evidence; and WHEREAS, on February 8, 2024, in accordance with the provisions of the California Environmental Quality Act (CEQA
1) and CEQA Guidelines2, the Planning

1 Public Resources Code §§ 21000-21177
2 14 California Code of Regulations §§15000-15387
J.1.aa
Packet Pg. 581
Attachment: Resolution No. 2024-XX - General Plan Amendment - South of Iris and Goya at Heritage Park [Revision 3] (6558 : HERITAGE PARK 2 Resolution No. 2024-XX
March 5, 2024
Commission adopted Resolution Nos. 2024-03 and 2024-07, recommending that the City Council certify and adopt the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Proposed Projects; and
WHEREAS, on February 8, 2024, a public hearing was conducted by the Planning Commission to consider the General Plan Amendment (PEN22-0159) and General Plan Amendment (PEN23 -0072), after which the Planning Commission adopted Resolution No. 2024-04 and Resolution No. 2024- 08 forwarding a recommendation that the City Council approve General Plan Amendment (PEN22-0159) and General Plan Amendment (PEN23-0072); and
WHEREAS, pursuant to the provisions of Section 9.02.200 (Public Hearing and Notification Procedures) of the Moreno Valley Municipal Code and Government Code Section 65905, a public hearing was scheduled for March 5, 2024, before the City Council and notice thereof was duly published and posted, and mailed to all property owners of record within 600 feet of both Project Sites; and
WHEREAS, on March 5, 2024, the public hearing was conducted to consider General Plan Amendment (PEN22 -0159) and General Plan Amendment (PEN23- 0072) for the Proposed Projects, together considered the first amendment of the Moreno Valley General Plan Land Use Element for 2024, was duly conducted by the City Council at which time all interested persons were provided with an opportunity to testify and to present evidence; and
WHEREAS, on March 5, 2024, in accordance with the provisions of the California Environmental Quality Act (CEQA) and CEQA Guidelines , the City Council considered and adopted Resolution No. 2024- XX and Resolution No. 2024 -XX, certify ing and adopting the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Proposed Projects.

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 E xhibits 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 s are 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.

J.1.aa
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Attachment: Resolution No. 2024-XX - General Plan Amendment - South of Iris and Goya at Heritage Park [Revision 3] (6558 : HERITAGE PARK 3 Resolution No. 2024-XX
March 5, 2024
Section 3. Evidence
That the City Council has considered all evidence submitted into the Administrative Record for the proposed General Plan Amendment s, including, but not limited to, the following:
(a) Moreno Valley General Plan and all other relevant provisions contained therein;
(b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code and all other relevant provisions referenced therein;
(c) General Plan A mendment (PEN22-0159) and General Plan Amendment (PEN23-0072), changing the land use designation from R5 Residential to R10 Residential and all relevant provisions contained therein as shown in Exhibit A and Exhibit B, respectively; (d) Applications for General Plan Amendment (PEN22-0 159) and General Plan Amendment (PEN23- 0072), and all documents, records, and references contained therein;
(e) 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;
(f) Testimony, and/or comments from Applicant and its representatives during the public hearing; and
(g) Testimony and/or comments from all persons provided in written format or correspondence, at, or prior to, the public hearing.

Section 5. Action
That based on the foregoing Recitals, Administrative Record and Findings, as set forth herein, the City Council approves and adopts General Plan Amendment (PEN22-0159), as shown on the exhibit attached hereto as Exhibit A and General Plan Amendment (PEN23-0072), as shown on the exhibit attached hereto as Exhibit B.

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

J.1.aa
Packet Pg. 583
Attachment: Resolution No. 2024-XX - General Plan Amendment - South of Iris and Goya at Heritage Park [Revision 3] (6558 : HERITAGE PARK 4 Resolution No. 2024-XX
March 5, 2024
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 shall certify to the passage of this Resolution.

PASSED AND ADOPTED THIS 5th DAY OF MARCH, 2024.

CITY OF MORENO VALLEY

CITY COUNCIL
_____________________________________
Ulises Cabrera,
Mayor
ATTEST:

_____________________________________________
Jane Halstead,
City Clerk

APPROVED AS TO FORM:

_____________________________________________
Steven B. Quintanilla,
City Attorney

Exhibit:

Exhibit A: General Plan Amendment (PEN22-0159)
Exhibit B: General Plan Amendment (PEN23-0072)

J.1.aa
Packet Pg. 584
Attachment: Resolution No. 2024-XX - General Plan Amendment - South of Iris and Goya at Heritage Park [Revision 3] (6558 : HERITAGE PARK 5 Resolution No. 2024-XX
March 5, 2024
Exhibit A

GENERAL PLAN AMENDMENT (PEN22-0159)
J.1.aa
Packet Pg. 585
Attachment: Resolution No. 2024-XX - General Plan Amendment - South of Iris and Goya at Heritage Park [Revision 3] (6558 : HERITAGE PARK R 5
R 5
R 5
P
C
R 5
Indian Street
Goya Ave.

Iris Ave.

Krameria Ave.

Emma Lane
R 5
R 5
R 5
P
C
R 5
Indian Street
Goya Ave.

Iris Ave.

Krameria Ave.

Emma Lane
South of Iris

GENERAL PLAN AMENDMENT
(PEN22-0159)
Residential:

Max. 5du/ac
Residential:

Max. 5du/ac
Residential: Max.10du/ac
Existing General Plan
Proposed General Plan
N.T.S.

Residential:

Max. 5du/ac
R e s i d e n t i a l : M a x . 1 0 d u / a c
R e s i d e n t i a l : M a x . 5 d u / a c
M i x e d U s e
P u b l i cF a c i l i t i e s
C o m m e r c i a l
R e s i d e n t i a l : M a x . 3 0 d u / a c
LEGEND:

Residential:

Max. 5du/ac
J.1.aa
Packet Pg. 586
Attachment: Resolution No. 2024-XX - General Plan Amendment - South of Iris and Goya at Heritage Park

Exhibit B
GENERAL PLAN AMENDMENT (PEN23-0072)
J.1.aa
Packet Pg. 587
Attachment: Resolution No. 2024-XX - General Plan Amendment - South of Iris and Goya at Heritage Park [Revision 3] (6558 : HERITAGE PARK R 5
R 5
R 5
P
C
R 5
Indian Street
Goya Ave.

Iris Ave.

Krameria Ave.

Emma Lane
R 5
R 5
R 5
P
C
R 5
Indian Street
Goya Ave.

Iris Ave.

Krameria Ave.

Emma Lane
Residential:

Max. 5du/ac
Residential:

Max. 10du/ac
Existing General Plan
Proposed General Plan
N.T.S.

Goya at Heritage Park

GENERAL PLAN AMENDMENT
PEN23-0073
R e s i d e n t i a l : M a x . 1 0 d u / a c
R e s i d e n t i a l : M a x . 5 d u / a c
M i x e d U s e
P u b l i cF a c i l i t i e s
C o m m e r c i a l
R e s i d e n t i a l : M a x . 3 0 d u / a c
LEGEND:

J.1.aa
Packet Pg. 588
Attachment: Resolution No. 2024-XX - General Plan Amendment - South of Iris and Goya at Heritage Park 1 Ordinance No. XXX
March 5, 2024
ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, APPROVING CHANGE OF ZONE (PEN22-0158) TO AMEND THE CITY ZONING ATLAS FROM RESIDENTIAL 5 (R5)
DISTRICT TO RESIDENTIAL SINGLE-FAMILY 10 (RS10) DISTRICT FOR

THE REAL PROPERTY LOCATED ON THE SOUTH SIDE OF IRIS
AVENUE, EAST OF INDIAN STREET (APN: 316-030-002, 018, AND 019) WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California, and has the authority to approve amendments to the City’s General Plan and City’s Zoning Atlas; and
WHEREAS, South of Iris 2021 , LLC (consisting of David Patton, Mark Patton, Tracey Duesler, and Michael and Karen Patton) (“Applicant”) has submitted applications for the approval of General Plan Amendment (PEN22-0159), Change of Zone (PEN22-0158), Conditional Use Permit (PEN22- 0157), and Tentative Tract Map 38458 (PEN22-0156) for the development of a 78 unit detached single-family residential project with associated amenities and public improvements (“Proposed Project”) on 9.42 acres located on the south side of Iris Avenue, east of Indian Street (APN: 316-030-002, 018, and 019) (“Project Site”); and
WHEREAS, Change of Zone (PEN22-0158) request s an amendment to the Moreno Valley Official Zoning Atlas to change the zoning designation of the Project Site from the Residential 5 (R5) District to Residential Single-Family 10 (RS10); and WHEREAS, on February 8, 2024 , a public hearing to consider the Proposed Project was duly conducted by the Planning Commission, at which time all interested persons were provided with an opportunity to testify and to present evidence; and WHEREAS, on February 8, 2024, in accordance with the provisions of the California Environmental Quality Act (CEQA1) and CEQA Guidelines2, the Planning Commission adopted Resolution No. 2024-03, recommending that the City Council certify and adopt the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Proposed Project; and
WHEREAS, on February 8, 2024 , the public hearing was conducted by the Planning Commission to consider Change of Zone (PEN22-0158), after which the Planning Commission adopted Resolution No. 2024- 05 recommending that the City Council approve Change of Zone (PEN22-0158); and
WHEREAS, pursuant to the provisions of Section 9.02.200 (Public Hearing and Notification Procedures) of the Moreno Valley Municipal Code and Government Code Section 65905, a public hearing was scheduled for March 5, 2024, before the City Council and notice thereof was duly published and posted, and mailed to all property owners of

1 Public Resources Code §§ 21000-21177
2 14 California Code of Regulations §§15000-15387
J.1.ab
Packet Pg. 589
Attachment: Ordinance No. XXX - Change of Zone - South of Iris [Revision 2] (6558 : HERITAGE PARK NEIGHBORHOODS I AND II, SOUTH OF 2 Ordinance No. XXX
March 5, 2024
record within 600 feet of the Project Site; and
WHEREAS, on March 5 , 2024, the public hearing was conducted to consider Change of Zone (PEN22-0158) for the Proposed Project was duly conducted by the City Council at which time all interested p ersons were provided with an opportunity to testify and to present evidence; and
WHEREAS, on March 5, 2024, in accordance with the provisions of the California Environmental Quality Act (CEQA) and CEQA Guidelines , the City Council considered and adopted Resolution No. 2024-XX, certify ing and adopting the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Proposed Project.

THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

Section 1. Amendment of the Official Zoning Atlas
The City of Moreno Valley Official Zoning Atlas, as adopted by Ordinance No. 981, on August 3, 2021, of the City of Moreno Valley, and as amended thereafter from time to time by the City Council of the City of Moreno Valley, is further amended by placing in effect the zone or zone classification to page 159 of the Official Zoning Atlas as shown on the attached map marked “Exhibit A” and included herein by reference and on file in the office of the City Clerk.

Section 2. Effect of Enactment
Except as specifically provided herein, nothing contained in this ordinance shall be deemed to modify or supersede any prior enactment of the City Council which addresses the same subject addressed herein.

Section 3. Notice of Adoption
Within fifteen (15) days after the date of adoption hereof, the City Clerk shall certify to the adoption of this ordinance and cause it to be posted in three (3) public places within the City.

Section 4. Effective Date
This ordinance shall take effect thirty (30) days after the date of its adoption. [Remainder of Page Intentionally Left Blank]

J.1.ab
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Attachment: Ordinance No. XXX - Change of Zone - South of Iris [Revision 2] (6558 : HERITAGE PARK NEIGHBORHOODS I AND II, SOUTH OF 3 Ordinance No. XXX
March 5, 2024
PASSED AND ADOPTED THIS 5th DAY OF MARCH, 2024.

CITY OF MORENO VALLEY

CITY COUNCIL
_____________________________________
Ulises Cabrera,
Mayor
ATTEST:

_____________________________________________
Jane Halstead,
City Clerk

APPROVED AS TO FORM:

_____________________________________________
Steven B. Quintanilla,
City Attorney

Exhibit:

Exhibit A: Change of Zone
J.1.ab
Packet Pg. 591
Attachment: Ordinance No. XXX - Change of Zone - South of Iris [Revision 2] (6558 : HERITAGE PARK NEIGHBORHOODS I AND II, SOUTH OF

KRAMERIA

IRIS AVE
R 5P
P 2 0 8 I
R 5
R 5R 5
P 2 0 8 IR 5 R 5

KRAMERIA

IRIS AVE
R 5P
P 2 0 8 I
R 5
R 5R 5
P 2 0 8 IR 5 R 5

EXHIBIT A

CHANGE OF ZONING
(PEN22-0158)
R5
Existing Zoning
Proposed Zoning
N.T.S.

R5
P
R30
SP 208 I
P
R10
P
R30
SP 208 I
P
R5
R5
Indian Street
Indian Street
Goya Ave.

Goya Ave.

LEGEND:
C o r r i do r M i xed U s e
I n dus t r i al/ B us i n es s P ar k P ubli c F aci li t i es
H i ghway O f f i ce/ C o m m er
S ubur ban R es i den t i al
M ult i - F am i ly
O p en S p ace/ P ar k
R5
J.1.ab
Packet Pg. 592
Attachment: Ordinance No. XXX - Change of Zone - South of Iris [Revision 2] (6558 : HERITAGE PARK 1 Resolution No. 2024-XX
March 5, 2024
RESOLUTION NUMBER 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO

VALLEY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
(PEN22-0157) AND TENTATIVE TRACT MAP 38458 (PEN22-0156) FOR THE DEVELOPMENT OF A 78 UNIT DETACHED SINGLE -FAMILY

RESIDENTIAL PROJECT LOCATED ON THE SOUTH SIDE OF IRIS
AVENUE, EAST OF INDIAN STREET (APN: 316-030-002, 018 AND 019) WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California; and
WHEREAS, South of Iris 2021, LLC (consisting of David Patton, Mark Patton, Tracey Duesler, and Michael and Karen Patton) (“Applicant”) has submitted applications for a General Plan Amendment (PEN22- 0159), Change of Zone (PEN22- 0158), Conditional Use Permit (PEN22-0157), and Tentative Tract Map 38458 (PEN22-0156) for the development of a 78 unit detached single- family residential project with associated amenities and public improvements (“Proposed Project”) on 9.42 acres located on the south side of Iris Avenue, east of Indian Street (APN: 316-030-002, 018 and 019) (“Project Site”); and
WHEREAS, Section 9.02.060 (Conditional Use Permits) of the Moreno Valley Municipal Code acknowledges that the purpose of Conditional Use Permits is to allow the establishment of uses that may have special impacts or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location and that the Conditional Use Permit application process involves the review of location, design, and configuration of improvements related to the project, and the potential impact of the project on the surrounding area based on fixed and established standards; and
WHEREAS, consistent with the requirements of Section 9.02.060 (Conditional Use Permits) of the Moreno Valley Municipal Code, at the public hearing, the City Council considered Conditions of Approval to be imposed upon Conditional Use Permit (PEN22- 0157), 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 that the Proposed Project will be developed in accordance with the purpose and intent of Title 9 (Planning and Zoning) of the Municipal Code; and WHEREAS, pursuant to Chapter 9.14 (Land Division) of the Moreno Valley Municipal Code, at the public hearing, the City Council considered Conditions of Approval to be imposed upon Tentative Tract Map 38459 (PEN22- 0156), which conditions were prepared by Planning Division staff who deemed said conditions to be necessary to address on-site improvements and off-site improvements, the manner in which the Project Site is to be used, and any other conditions as may be deemed necessary to protect the public health, safety, and welfare and 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
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March 5, 2024
WHEREAS, the applications for the Proposed Project have been evaluated in accordance with Section 9.02.060 (Conditional Use Permits) and Chapter 9.14 (Land Division), respectively, of the Municipal Code with consideration given to the City’s General Plan, Zoning Ordinance, and other applicable laws and regulations; and WHEREAS, on February 8, 2024, a public hearing to consider the Proposed Project was duly conducted by the Planning Commission, at which time all interested persons were provided with an opportunity to testify and to present evidence; and WHEREAS, on February 8, 2024, in accordance with the provisions of the California Environmental Quality Act (CEQA 1) and CEQA Guidelines2, the Planning Commission adopted Resolution No. 2024-03, recommending that the City Council certify and adopt the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Proposed Project; and
WHEREAS, on February 8, 2024, the public hearing was conducted by the Planning Commission to consider the Conditional Use Permit (PEN22- 0157) and Tentative Tract Map 38458 (PEN22-0156), after which the Planning Commission adopted Resolution No. 2024- 06 recommending that the City Council approve Conditional Use Permit (PEN22-0157) and Tentative Tract Map 38458 (PEN22-0156); and WHEREAS, pursuant to the provisions of Section 9.02.200 (Public Hearing and Notification Procedures) of the Moreno Valley Municipal Code and Government Code Section 65905, a public hearing was scheduled for March 5, 2024, before the City Council and notice thereof was duly published and posted, and mailed to all property owners of record within 600 feet of the Project Site; and
WHEREAS, on March 5, 2024, the public hearing to consider Conditional Use Permit (PEN22-0157) and Tentative Tract Map 38458 (PEN22- 0156) for the Proposed Project was duly conducted by the City Council at which time all interested persons were provided with an opportunity to testify and to present evidence; and WHEREAS, on March 5, 2024, in accordance with the provisions of the California Environmental Quality Act (CEQA) and CEQA Guidelines , the City Council considered and adopted Resolution No. 2024- XX, certifying and adopting the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Proposed Project; and
WHEREAS, on March 5, 2024, the City Council considered and adopted Resolution No. 2024- XX, approving General Plan Amendment (PEN22- 0159) for the Proposed Project; and
WHEREAS, on March 5, 2024, the City Council considered and introduced Ordinance No. XXX, approving Change of Zone (PEN22-0158) for the Proposed Project.

1 Public Resources Code §§ 21000-21177
2 14 California Code of Regulations §§15000-15387
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March 5, 2024

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 E xhibits 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, i n 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 and the Applicant is hereby notified that the ninety-day approval period in which the Applicant may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has commenced upon the adoption of this Resolution.

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;
(b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code and all other relevant provisions referenced therein;
(c) Application for Conditional Use Permit (PEN22-0157), including Resolution No. 2024-XX and all documents, records, and references contained therein; (d) Conditions of Approval for Conditional Use Permit (PEN2 2-0157), attached hereto as Exhibit A;
(e) Application for Tentative Tract Map 38458 ( PEN22-0156), including Resolution No. 2024- XX and all documents, records, and references contained therein;
(f) Conditions of Approval for Tentative Tract Map 38458 ( PEN22-0156), attached hereto as Exhibit B;
(g) 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;
(h) Testimony, and/or comments from Applicant and its representatives during the public hearing; and
(i) Testimony and/or comments from all persons provided in written format or correspondence, at, or prior to, the public hearing.

Section 4. Findings
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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 P roposed Project will be compatible with existing and planned land uses in the vicinity; e. The design and improvements of the subdivision is consistent with the General Plan;
f. The Project Site is physically suitable for the type of development; g. The Project Site of the proposed land division is physically suitable for the proposed density of the development;
h. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife and/or their habitat;
i. The design of the Proposed Project and the proposed improvements is not likely to cause serious public health problems;
j. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision;
k. The requirements of CEQA have been satisfied;
l. The proposed land division is not subject to the Williamson Act pursuant to the California Land Conservation Act of 1965;
m. The proposed land division and the associated design and improvements are consistent with applicable ordinances of the City;
n. The design of the land division provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision; and o. The effect of the Proposed Project on the housing needs of the region were considered and balanced against the public service needs of the residents of Moreno Valley and available fiscal and environmental resources.

Section 5. A pproval
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 Conditional Use Permit (PEN22-0157), attached hereto as Exhibit A , and Conditions of Approval for Tentative Tract Map 38458 (PEN22-0156), attached hereto as Exhibit B.

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.

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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 shall certify to the passage of this Resolution.

PASSED AND ADOPTED THIS 5th DAY OF MARCH 2024.

CITY OF MORENO VALLEY

CITY COUNCIL
_____________________________________
Ulises Cabrera, Mayor
ATTEST:
_______________________________
Jane Halstead,
City Clerk

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

Exhibit A: Conditional Use Permit (PEN22-0157), Conditions of Approval Exhibit B: Tentative Tract Map 38458 (PEN22-0156), Conditions of Approval J.1.ac
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Exhibit A

Conditional Use Permit (PEN22-0157) Conditions of Approval

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CITY OF MORENO VALLEY

CONDITIONS OF APPROVAL
Conditional Use Permit (PEN22-0157)
EFFECTIVE DATE:

EXPIRATION DATE:

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

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

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

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

7. The site shall be developed in accordance with the approved plans on file in the Community
Development Department - Planning Division, the Municipal Code regulations, General Plan, and the conditions contained herein. Prior to any use of the project site being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Official. (MC 9.14.020)

8. Any signs indicated on the submitted plans are not included with this approval. Any signs,
whether permanent (e.g. wall, monument) or temporary (e.g. banner, flag), require separate application and approval by the Planning Division. No signs are permitted in the public right of way. (MC 9.12)

9. All site plans, grading plans, landscape and irrigation plans, fence/wall plans, lighting plans and street improvement plans shall be coordinated for consistency with this approval.

Special Conditions

10. An Administrative Plot Plan shall be submitted to the Planning Division for a Model Conversion to Single Family Residences.

11. Temporary awnings/trellis features are approved for the front elevations of the model homes. All awnings shall be removed prior to release for occupancy.

12. Mechanical equipment shall be located outside any required setback area.

13. The parking lot surface and accessories (plants, irrigation, hardscape elements, 2 of 25
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etc.), secondary sidewalks between models, exterior restroom facilities, and trap fencing shall be removed and rear and side yard cross fencing installed prior to building final of the last unit in the tract(s) or when the models are closed, whichever comes first.

14. The sales areas within the living quarters shall be converted to residential use prior to release for occupancy.

15. 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)

16. The model home(s) shall conform to the approved plans on file in the Community Development Department consistent with the Approved Planned Unit Development Design Guidelines.

17. The sales areas within garage areas shall be converted back to garages prior to release for occupancy. A minimum two-car garage shall remain in each model.

18. This model home (s) shall be used only for the sale of homes in Tract 38458.

19. The site has been approved for a Conditional Use Permit (PEN22-0157) for Tentative Tract Map 38458 (PEN22-0156) for a Planned Unit Development comprised of 78 detached single-family residences with a tot-lot, dog park, retention basin, and associated on-site and off-site improvements per the approved plans and the Planned Unit Development Design Guidelines. A change or modification shall require separate approval.

20. The Conditional Use Permit (PEN22-0157) and Tentative Tract Map 38458 (PEN22-0156) for the approved Planned Unit Development are tied together and shall expire at the same time. Extensions of time must be filed individually for each project and future extensions cannot exceed the Subdivision Map Act.

21. 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)

22. Separate Administrative Plot Plans, including Design Review (product approval), 3 of 25
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Model Home(s), or custom home reviews are required for approval of the design of the future detached single-family residences per the Planned Unit Development Design Guidelines for Tentative Tract Map 38458.

23. Two non-illuminated signs are permitted not to exceed 25 square feet in copy area, 45 square feet in sign area and 6 feet in height at each major entrance to the complex. Signs shall be removed at the completion of home sales.

24. Structures in the front setback are not permitted.

Prior to Building Permit

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

26. 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.

27. Prior to the issuance of building permits, landscape and irrigation plans for areas maintained
by the Homeowner’s Association shall be submitted to the Planning Division. All landscape plans shall be approved by the Planning Division prior to the release of any building permits for the site. The plans shall be prepared in accordance with the Planned Unit Development Design Guidelines and City's Landscape Development Guidelines. Landscaping is required for the sides and or slopes of all water quality basin and drainage areas, while a hydroseed mix with irrigation is acceptable for the bottom of the basin areas. All detention basins shall include trees, shrubs and groundcover up to the concreted portion of the basin. A solid decorative wall with tubular steel fence with pilasters is required to secure all water quality and detention basins.

28. 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 Planned Unit Development Design Guidelines and City's Landscape Requirements.

29. 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)

30. 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 4 of 25
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Transportation Uniform Mitigation fees (TUMF), and the City’s adopted Development Impact Fees. (Ord)

31. Prior to issuance of building permits, for projects that will be phased, a phasing plan shall
be submitted to and approved by the Planning Division if occupancy is proposed to be phased.

32. 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.

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.

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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).

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

34. 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)

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

36. 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).

37. Within thirty (30) days prior to any grading or other land disturbance, a pre-construction survey for Burrowing Owls shall be conducted pursuant to the 6 of 25
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established guidelines of Multiple Species Habitat Conservation Plan. The pre-construction
survey shall be submitted to the Planning Division prior to any disturbance of the site and/or grading permit issuance.

38. 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 per the Planned Unit Development Design Guidelines and if silent, the City's Municipal Code.

39. 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.

40. 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

41. 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).

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

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

9.080.070).

Building Division

44. The appropriation from local tax from construction contracts to the local jurisdiction 7 of 25
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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.

45. All new structures shall be designed in conformance to the latest design standards adopted
by the State of California in the California Building Standards Code (California Code of Regulations, Title 24) including requirements for allowable area, occupancy separations, fire suppression systems, accessibility, etc.

46. Any construction within the city shall only be completed between the hours 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 first obtained from the Building Official or City Engineer per City of Moreno Valley Municipal Code (MC 8.14.040E).

47. The proposed development is subject to the payment of required development fees as
required by the City’s current Fee Ordinance at either 1) based on time of valid building application submittal, 2) prior to permit issuance, or 3) as determined by the City (via special ordinance, etc.).

48. The proposed residential project shall comply with the California Green Building Standards
Code, Section 4.106.4, mandatory requirements for Electric Vehicle Charging Stations (EVCS).

49. The proposed project is subject to approval by the Moreno Valley Unified School District
and all applicable fees and charges shall be paid prior to permit issuance .

Contact MVUSD at 951.571.7690 Ext. 17376 for specific details.

50. Prior to construction submittal, all new development, including residential accessory 8 of 25
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dwelling units (ADU's) are required to obtain a new property address. Address requests must be part of your initial application. The form can be obtained at http://www.moval.org/city_hall/forms/building-safety/AddressRequest.pdf.

51. 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.

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

Electronic/Digital signature is acceptable as all plan submittals are electronic reviews.

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

The
following link gives the minimum plan submittal requirements:
http://www.moval.org/city_hall/forms/building-safety/SFD-ADU-RoomAdditionPlanG uidelines.pdf.

54. 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).

55. The proposed project is subject to approval by the Eastern Municipal Water District and
all applicable fees and charges shall be paid prior to permit issuance. Contact EMWD at 951.928.3777 for specific details.

FINANCIAL & MANAGEMENT SERVICES DEPARTMENT
Moreno Valley Utility

56. 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.

57. 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 9 of 25
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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 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.

58. 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.

PUBLIC WORKS DEPARTMENT
Land Development

59. 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 10 of 25
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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.

60. 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]

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

62. 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.

63. 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.

64. Local tax from construction contracts may be allocated to the local jurisdiction of the specific
construction jobsite. This is accomplished by a contractor or subcontractor electing to obtain a construction site sub-permit for the jobsite. The contractors, or subcontracts, that have individual contracts with a value of $5 million or more are eligible for this election. This qualifying contract price applies to each contract or subcontract for work performed at the jobsite, and not to the total value of the prime contract. In order to be eligible for a jobsite sub-permit, the contractor or subcontractor must meet the following criteria:
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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.

65. 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)]

66. 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.

67. The proposed private storm drain system shall connect to the existing storm drain main
line in Goya Street. A storm drain manhole shall be placed at the right-of-way line to mark the beginning of the publicly maintained portion of this storm drain.

68. For single family residential subdivisions, all lots shall drain to the street at a minimum
surface grade of 2.0% and on-site drainage shall be conveyed onto the street with subsurface drains at a minimum grade of 0.5% per current City Standards MVSI-152 and MVSI-153A. No cross-lot or over the sidewalk drainage shall be allowed.

69. 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. Tract Map (recordation prior to building permit issuance); b. Rough grading w/ erosion control plan (prior to grading permit issuance); 12 of 25
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c. Precise grading w/ erosion control plan (prior to building permit issuance); d.

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

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

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

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

73. 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.

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

This may include, but not be limited to, parkway drains.

75. 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 13 of 25
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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.

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

77. 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.

78. 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.

79. 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.

80. For projects that will result in discharges of storm water associated with construction 14 of 25
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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

81. 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)]

82. 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.

83. 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)]

84. 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]

85. Prior to the payment of the Development Impact Fee (DIF), the developer may enter into a DIF Improvement Credit Agreement to secure credit for the construction of applicable improvements. If the developer fails to complete this agreement prior to the timing specified above, credits may not be given. The developer shall pay current DIF fees adopted by the City Council. [Ord. 695 § 1.1 (part), 2005] [MC

3.38.030, 040, 050]
Prior to Map Approval

86. All proposed street names shall be submitted for review and approved by the City Engineer, if applicable. [MC 9.14.090(E.2.k)]

87. A copy of the Covenants, Conditions and Restrictions (CC&R's) shall be submitted for review and approved by the City Engineer. The CC&R's shall include, but not be limited to, access easements, reciprocal access, private and/or public utility easements as may be relevant to the project. In addition, for single-family residential development, bylaws and articles of incorporation shall also be included as part of the maintenance agreement for any water quality BMPs.

88. If the project involves the subdivision of land, maps may be developed in phases 15 of 25
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with the approval of the City Engineer. Financial security shall be provided for all public
improvements associated with each phase of the map. The boundaries of any multiple map increment shall be subject to the approval of the City Engineer. If the project does not involve the subdivision of land and it is necessary to dedicate right-of-way/easements, the developer shall make the appropriate offer of dedication by separate instrument. In either case, the City Engineer may require the dedication and construction of necessary utility, street or other improvements beyond the project boundary, if the improvements are needed for circulation, parking, access, or for the welfare or safety of the public. This approval must be obtained prior to the Developer submitting a Phasing Plan to the California Bureau of Real Estate. [MC 9.14.080(B)(C), GC 66412 & 66462.5]

89. Maps (prepared by a registered civil engineer and/or licensed surveyor) shall be submitted for review and approved by the City Engineer per the current submittal requirements.

90. Under the current permit for storm water activities required as part of the National Pollutant
Discharge Elimination System (NPDES) as mandated by the Federal Clean Water Act, this project is subject to the following requirements:
a. Establish a Home Owners Association (HOA) to finance the maintenance of the “Water Quality BMPs”. Any lots which are identified as “Water Quality BMPs” shall be owned in fee by the HOA.

91. The developer shall guarantee the completion of all related improvements required for
this project by executing a Public Improvement Agreement (PIA) with the City and posting the required security. [MC 9.14.220]

92. All public improvement plans required for this project shall be approved by the City Engineer in order to execute the Public Improvement Agreement (PIA).

93. All street dedications shall be free of all encumbrances, irrevocably offered to the public
and shall continue in force until the City accepts or abandons such offers, unless otherwise approved by the City Engineer.

Prior to Improvement Plan Approval

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

95. The developer shall submit clearances from all applicable agencies, and pay all applicable plan check fees.
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96. The street improvement plans shall comply with current City policies, plans and applicable City standards (i.e. MVSI-160 series, etc.) throughout this project.

97. 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]

98. 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.

99. Any missing or deficient existing improvements along the project frontage within Iris Avenue
and Goya Street shall be constructed or secured for construction. The City Engineer may require the ultimate structural section for pavement to half-street width plus 18 feet or provide core test results confirming that existing pavement section is per current City Standards; additional signing & striping to accommodate increased traffic imposed by the development, etc.
100. All dry and wet utilities shall be shown on the plans and any crossings shall be potholed
to determine actual location and elevation. Any conflicts shall be identified and addressed on the plans. The pothole survey data shall be submitted to Land Development with the public improvement plans for reference purposes only. The developer is responsible to coordinate with all affected utility companies and bear all costs of any utility relocation.

Prior to Encroachment Permit
101. 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.
102. Any work performed within public right-of-way requires an encroachment permit.

Prior to Building Permit
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103. 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.
104. For all subdivision projects, the map shall be recorded (excluding model homes). [MC 9.14.190]
105. 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.
106. Certification to the line, grade, flow test and system invert elevations for the water quality
control BMPs shall be submitted for review and approved by the City Engineer (excluding models homes).

Prior to Occupancy
107. 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.
108. The final/precise grade certification shall be submitted for review and approved by the City Engineer.
109. The developer shall complete all public improvements in conformance with current City
standards, except as noted in the Special Conditions, including but not limited to the following:
a. Street improvements including, but not limited to: pavement, base, curb and/or gutter, cross gutters, spandrel, sidewalks, drive approaches, pedestrian ramps, street lights (MVU: SL-2), signing, striping, under sidewalk drains, landscaping and irrigation, medians, pavement tapers/transitions and traffic control devices as appropriate.
b. Storm drain facilities including, but not limited to: storm drain pipe, storm drain laterals, catch basins and local depressions.
c. City-owned utilities.
d. Sewer and water systems including, but not limited to: sanitary sewer, potable water and recycled water.
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e. Under grounding of all existing and proposed utilities adjacent to and on-site. [MC 9.14.130]
f. Relocation of overhead electrical utility lines including, but not limited to:
electrical, cable and telephone.
110. Prior to occupancy, the following improvements shall be completed:

Iris
Avenue (100' R/W / 76' CC: Arterial, City Standard No. MVSI-104A-1) shall be constructed to achieve a full-width improvements along the entire project's north frontage. Improvements shall consist of, but not be limited to, pavement, base, (curb, gutter, and sidewalk), drainage structures, any necessary offsite improvement transition /joins to existing, street lights, pedestrian ramps, and dry and wet utilities.

Prior to improvement plan approval, the developer shall provide to the City Engineer the results of coring tests confirming that said existing pavement section has been constructed per City Standard No. MVSI-104A-1. Any missing or deficient improvements along the project's north frontage shall be constructed prior to issuance of a certificate of occupancy.
111. 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.
112. 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.
113. 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 19 of 25
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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. 114. Goya Street (66' R/W / 44' CC: Residential Collector Street, City Standard No.

MVSI-106B-0) shall be constructed to achieve a full-width improvements along the entire project's south frontage. Improvements shall consist of, but not be limited to, pavement, base, curb, gutter, sidewalk, driveway approaches, drainage structures, any necessary offsite improvement transition /joins to existing, street lights, pedestrian ramps, and dry and wet utilities. Prior to improvement plan approval, the developer shall provide to the City Engineer the results of coring tests confirming that said existing pavement section has been constructed per City Standard No.

MVSI-106B-0. 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
115. 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].
116. 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 20 of 25
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project for such district. At the time of the public hearing to consider annexation into or
formation of the district, the qualified elector(s) will not protest the annexation or formation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings. An alternative to satisfying this condition will be identified at such time as a special financing district has been established. At the time of development, the developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to determine if this condition is applicable. 117. 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.

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elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation ) to provide an ongoing funding source for Public Safety services, which may include but is not limited to Police, Fire Protection, Paramedic Services, Park Rangers, and Animal Control services. This condition will only be applicable provided said district is under development at the time this project applies for the 1st Building Permit.

An alternative to satisfying this condition will be identified at such time as a special financing district has been established. At the time of development, the developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to determine if this condition is applicable. 119. Bioretention Basin Maintenance. The ongoing maintenance of any bioretention basin,
or other like water quality BMP constructed in the public right of way, shall be the responsibility of a property owner association or the property owner. 120. Maintenance Responsibility. The ongoing maintenance of any landscaping required to be installed behind the curb shall be the responsibility of the property owner. 121. 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.
122. CFD 7. This project is included within the future annexation boundaries for Community Facilities District No. 7 (CFD No. 7). The Local Component portion of the Area Drainage Plan (ADP) fee for Riverside County Flood Control and Water Conservation District (RCFCWCD) has been allocated toward the debt service 22 of 25
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payments on CFD No. 7 bonds and/or paid directly for acquisition of RCFCD facilities. In order for the Developer to meet its financial obligation, it must notify the Special Districts Administration at [email protected] when applying for a grading permit or if a grading permit is not required, when applying for building permit issuance and select one of the funding options outlined below. a) Participate in a special election to annex into CFD No. 7 and pay the equivalent to the Local Component portion of the ADP fee including interest as a special tax levied annually on the Riverside County property tax bill; or b) Pay the Local Component portion of the ADP fee directly to the City of Moreno Valley, Special Districts Administration which shall be used for any authorized purpose for CFD No. 7. If the funding option selected is to annex into the District, a minimum of 90-days is needed to complete the special election process. This allows adequate time to complete the special election process in compliance with the provisions of Article 13C of the California Constitution for conducting a special election. Annexation to CFD No. 7 shall be completed or proof of payment of the Local Component portion of the ADP fee shall be provided to the Special Districts Administration at [email protected] prior to issuance of the 1st Building Permit for this project.
123. Park Maintenance Funding. Prior to City Council action authorizing the recordation of
the map, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or fund an endowment) to provide an ongoing funding source for the continued maintenance, enhancement, and/or retrofit of parks, open spaces, linear parks, and/or trails systems.

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

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

CONDITIONS OF APPROVAL
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[email protected] to satisfy this condition.
124. CFD 2014-01. Prior to City Council action authorizing the recordation of the final map, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee, form an association to fund the services or fund an endowment ) to provide an ongoing funding source for a) Street Lighting Services for capital improvements, energy charges, and maintenance and/or b) street and storm drain maintenance.

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

Alternatively, the condition can be satisfied by the Developer forming a property owner association that will be responsible for the improvements and any and all operation and maintenance costs for the improvements or by fundi Prior to Grading Permit
125. CFD 7. This project is included within the future annexation boundaries for Community Facilities District No. 7 (CFD No. 7). The Local Component portion of the Area Drainage Plan (ADP) fee for Riverside County Flood Control and Water Conservation District (RCFCWCD) has been allocated toward the debt service payments on CFD No. 7 bonds and/or paid directly for acquisition of RCFCD facilities. In order for the Developer to meet its financial obligation, it must notify the Special Districts Administration at [email protected] when applying for a grading permit or if a grading permit is not required, when applying for building permit issuance and select one of the funding options outlined below. a) Participate in a special election to annex into CFD No. 7 and pay the equivalent to the Local Component portion of the ADP fee including interest as a special tax levied annually on the Riverside County property tax bill; or b) Pay the Local Component portion of 24 of 25
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the ADP fee directly to the City of Moreno Valley, Special Districts Administration which
shall be used for any authorized purpose for CFD No. 7. If the funding option selected is to annex into the District, a minimum of 90-days is needed to complete the special election process. This allows adequate time to complete the special election process in compliance with the provisions of Article 13C of the California Constitution for conducting a special election. Annexation to CFD No. 7 shall be completed or proof of payment of the Local Component portion of the ADP fee shall be provided to the Special Districts Administration at [email protected] prior to issuance of the 1st Building Permit for this project.
126. Conditions of approval may be modified or added if a phasing plan is submitted for this development.
127. Project driveways shall conform to Section 9.11.080, and Table 9.11.080-14 of the City’s Development Code – Design Guidelines and City of Moreno Valley Standard Plans No. MVSI-111B-0 for residential driveway approaches. 128. All proposed on-site traffic signing and striping should be accordance with the latest California Manual on Uniform Traffic Control Devices (CAMUTCD). 129. Iris Avenue is classified and shall be improved as an Arterial per City Standard Plan No.

MVSI-104A-1. Any improvements, including transitions, undertaken by this project shall be consistent with the City's standards for this facility. 130. Goya Street is classified and shall be improved as a Collector Street per City Standard
MVSI-106B-0. Any improvements undertaken by this project shall be consistent with the City's standards for this facility. 131. Communication conduit shall be installed per City Standard Plan No. MVSI-186-0 along Iris Avenue.
132. No gates are proposed. Any proposed gates shall be subject to city requirements. 133. Appropriate signing and striping shall be installed for any onsite fire lane(s), as approved by the Fire Department.
134. On-street parking shall be prohibited along the west side of the internal private street.
135. 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.
136. 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 Iris 25 of 25
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Avenue and Goya Avenue. A Class II bike lane along Iris Avenue shall be provided. 137. Prior to issuance of a construction permit, construction traffic control plans prepared by
a qualified, registered Civil or Traffic engineer shall be required for plan approval, as required by the City Traffic Engineer.
138. Prior to issuance of a Building Final or Certificate of Occupancy, all approved street improvements shall be installed to the satisfaction of the City Engineer. 139. Prior to issuance of a Building Final or Certificate of Occupancy, all approved signing and striping shall be installed per current City Standards

PARKS & COMMUNITY SERVICES DEPARTMENT
140. This project is subject to current Development Impact Fees. 141. This project is subject to current Quimby Fees.
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Exhibit B

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CITY OF MORENO VALLEY

CONDITIONS OF APPROVAL
Tentative Tract Map (PEN22-0156)
EFFECTIVE DATE:

EXPIRATION DATE:

COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division

5. The Developer shall defend, indemnify and hold harmless the City, city council, commissions,
boards, subcommittees and the City’s elected and appointed officials, commissioners, board members, officers, agents, consultants and employees (“City Parties”) from and against any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following items: ( i) any prior or current agreements by and among the City and the Developer; (ii) the J.1.ac
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6. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash and debris. (MC 9.02.030)

7. The site shall be developed in accordance with the approved plans on file in the Community
Development Department - Planning Division, the Municipal Code regulations, General Plan, and the conditions contained herein. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Planning Official. (MC

9.14.020)

9. All site plans, grading plans, landscape and irrigation plans, fence/wall plans, lighting plans and street improvement plans shall be coordinated for consistency with this approval.

Special Conditions

10. Prior to building final, a basin maintained by an HOA or other private entity, landscape
(trees, shrubs and groundcover) and irrigation shall be installed, and maintained by the HOA or other private entity with documentation provided to the Planning Division.

11. Prior to issuance of building permits, final front and street side yard landscape and irrigation
plans, and slope landscape plans and basin landscape plans, shall be approved.
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12. This approval shall comply with all applicable requirements of the City of Moreno Valley Municipal Code.

13. The site shall be developed in accordance with the approved tentative map on file in the
Community Development Department -Planning Division, the Municipal Code regulations, General Plan, and the conditions contained herein. (MC 9.14.020)

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

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

16. Prior to issuance of building permits, landscape and irrigation plans for areas maintained
by the HOA shall be submitted to and approved by the Planning Division. The plans shall be prepared in accordance with the Planned Unit Development Design Guidelines and City's Landscape Development Guidelines. A hydroseed mix w/irrigation is acceptable for the bottom of all the basin areas. All detention basins shall include trees, shrubs and groundcover up to the concreted portion of the basin. A solid decorative wall with tubular steel fence with pilasters is required to secure all water quality and detention basins more than 18 inches in depth.

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

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

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

20. Prior to final map recordation, or building permit issuance, subdivision phasing (including
any proposed common open space or improvement phasing, if applicable), shall be subject to a separate Phasing Plan submittal for Planning Division approval. Any proposed phasing shall provide for adequate vehicular access to all lots in each phase as determined by the City Transportation Engineer 3 of 30
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or designee and shall substantially conform to all intent and purpose of the subdivision approval. (MC 9.14.080)

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

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

9.080.070)

23. Separate Administrative Plot Plans, including, Design Review (product approval), Model Home(s) or custom home reviews are required for approval of the design of the future single-family homes for Tentative Tract Map 38458.

24. Prior to recordation of the final subdivision map, the following documents shall be submitted
to and approved by the Planning Division which shall demonstrate that the project will be developed and maintained in accordance with the intent and purpose of the approval:
a. The document to convey title
b. Deed restrictions, easements, or Covenants, Conditions and Restrictions to be recorded
The approved documents shall be recorded at the same time that the subdivision map is recorded. The documents shall contain provisions for general maintenance of the site, joint access to proposed parcels, open space use restrictions, conservation easements, guest parking, feeder trails, water quality basins, lighting, landscaping and common area use items such as general building maintenance (apartments, condominiums and townhomes) tot lot/public seating areas and other recreation facilities or buildings. The approved documents shall also contain a provision, which provides that they may not be terminated and/or substantially amended without the consent of the City and the developer's successor-in-interest. (MC 9.14.090)
In addition, the following deed restrictions and disclosures shall be included within the document and grant deed of the properties:
a. The developer and homeowners association shall promote the use of native plants and trees and drought tolerant species.
b. All lots designated for open space and or detention basins, shall be included as an easement to, and maintained by a Homeowners Association (HOA) or other private maintenance entity. All reverse frontage landscape areas shall also be 4 of 30
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maintained by the onsite HOA. Language to this effect shall be included and reviewed
within the required Covenant Conditions and Restrictions (CC&Rs) prior to the approval of the final map.
c. Maintenance of any and all common facilities.
d. A conservation easement for lettered lots shall be recorded on the deed of the property and shown on the final map. Said easement shall include access restrictions prohibiting motorized vehicles from these areas.

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

26. An Administrative Plot Plan shall be submitted to the Planning Division for a Model Conversion to Single Family Residences.

27. Temporary awnings/trellis features are approved for the front elevations of the model homes. All awnings shall be removed prior to release for occupancy.

28. The approval of Model Home(s) does not supersede conditions of approval previously approved for Tract Map No. 38458.

29. 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. (MC

9.02.230)

30. Mechanical equipment shall be located outside any required setback area.

31. Two non-illuminated signs are permitted not to exceed 25 square feet in copy area, 45 square feet in sign area and 6 feet in height at each major entrance to the complex. Signs shall be removed at the completion of home sales.

32. The parking lot surface and accessories (plants, irrigation, hardscape elements, etc.), secondary sidewalks between models, exterior restroom facilities, and trap fencing shall be removed and rear and side yard cross fencing installed prior to building final of the last unit in the tract(s) or when the models are closed, whichever comes first.

33. The sales areas within the living quarters shall be converted to residential use prior to release for occupancy.

34. 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)
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35. The model home(s) shall conform to the approved plans on file in the Community Development Department consistent with the approved Planned Unit Development Design Guidelines.

36. The sales areas within garage areas shall be converted back to garages prior to release for occupancy. A minimum two-car garage shall remain in each model.

37. The model home(s) shall be used only for the sale of homes in Tract 38458.

38. The site has been approved for a Conditional Use Permit (PEN22-0157) for Tentative Tract Map 38458 (PEN22-0156) for a Planned Unit Development comprised of 78 detached single-family residences with a tot lot, dog park, retention basin, and associated on-site and off-site improvements per the approved plans and the Planned Unit Development Design Guidelines. A change or modification shall require separate approval.

39. The Conditional Use Permit (PEN22-0157) and Tentative Tract Map 38458 (PEN22-0156) for the approved Planned Unit Development are tied together and shall expire at the same time. Extensions of time must be filed individually for each project and future extensions cannot exceed the Subdivision Map Act.

40. 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 conditions herein 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.

Prior to Building Permit

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

42. 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.

43. 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 Planned Unit Development Design Guidelines and City's Landscape Requirements.
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44. 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)

45. 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)

46. Prior to issuance of building permits, for projects that will be phased, a phasing plan shall
be submitted to and approved by the Planning Division if occupancy is proposed to be phased.

47. 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.

The property owner shall relinquish ownership to the Tribe(s) of all Native American 7 of 30
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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).

48. 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)

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

50. 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 8 of 30
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treatment of the remains (California Public Resources Code 5097.98). (GP Objective 23.3, CEQA).

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

52. 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 per the Planned Unit Development Design Guidelines and if silent, the City's Municipal Code.

53. 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.

54. 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)

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

Prior to Building Final or Occupancy

56. 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).

57. Prior to building final, Planning approved/stamped landscape plans shall be provided to the Community Development Department – Planning Division on a CD disk.
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58. Prior to building final, all required and proposed fences and walls shall be constructed
according to the approved plans on file in the Planning Division. (MC

9.080.070).

Building Division

59. 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.

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

61. Any construction within the city shall only be as follows: Monday through Friday seven
a.m. to seven p.m(except for holidays which occur on weekdays), eight a.m. to four p.m.; weekends and holidays (as observed by the city and described in the Moreno Valley Municipal Code Chapter 2.55), unless written approval is first obtained from the Building Official or City Engineer.

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

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

64. 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.

65. 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.

66. 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.

67. The proposed residential project shall comply with the California Green Building Standards
Code, Section 4.106.4, mandatory requirements for Electric Vehicle Charging Station (EVCS).
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68. 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)

69. 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.

70. The proposed residential project shall comply with the California Green Building Standards
Code, Section 4.106.4, mandatory requirements for Electric Vehicle Charging Stations (EVCS).

FIRE DEPARTMENT
Fire Prevention Bureau

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

72. 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) 11 of 30
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73. 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)

74. 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)

75. 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)

76. 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)

77. 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])

78. 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.

79. 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.

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

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

82. Fire lanes and fire apparatus access roads shall have an unobstructed width of not 12 of 30
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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])

83. 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])

84. 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)

85. 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)

86. 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)

87. 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)

88. 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)

89. 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)

90. 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 13 of 30
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the project will be determined at time of submittal. (CFC 507.3, Appendix B)

91. Prior to issuance of Certificate of Occupancy or Building Final, all residential dwellings
shall display street numbers in a prominent location on the street side of the residence in such a position that the numbers are easily visible to approaching emergency vehicles. The numbers shall be located consistently on each dwelling throughout the development. The numerals shall be no less than four (4) inches in height and shall be low voltage lighted fixtures. (CFC 505.1, MVMC 8.36.060[I])

92. Single Family Dwellings. Schedule "A" fire prevention approved standard fire hydrants (6” x 4” x 2 ½”) shall be located at each intersection of all residential streets. Hydrants shall be spaced no more than 500 feet apart in any direction so that no point on the street is more than 250 feet from a hydrant. Minimum fire flow shall be 1000 GPM for 1 hour duration of 20 PSI. Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, serving one and two-family residential developments, standard fire hydrants shall be provided at spacing not to exceed 1000 feet along the tract boundary for transportation hazards. (CFC 507.3, Appendix B, MVMC

8.36.060).

93. 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.

94. 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)

95. 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

96. 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 14 of 30
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meter reading.

97. 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 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.

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

PUBLIC WORKS DEPARTMENT
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Land Development

99. 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.
100. 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] 101. The final approved conditions of approval (COAs) issued and any applicable Mitigation Measures by the Planning Division shall be photographically or electronically placed on mylar sheets and included in the Grading and Street Improvement plans.
102. 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. 103. Drainage facilities (e.g., catch basins, water quality basins, etc.) with sump conditions shall be designed to convey the tributary 100-year storm flows. 16 of 30
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Secondary emergency escape shall also be provided.
104. Local tax from construction contracts may be allocated to the local jurisdiction of the specific
construction jobsite. This is accomplished by a contractor or subcontractor electing to obtain a construction site sub-permit for the jobsite. The contractors, or subcontracts, that have individual contracts with a value of $5 million or more are eligible for this election. This qualifying contract price applies to each contract or subcontract for work performed at the jobsite, and not to the total value of the prime contract. In order to be eligible for a jobsite sub-permit, the contractor or subcontractor must meet the following criteria:
a) have an active permit with the California Department of Tax and Fee Administration (CDTFA),
b) must be registered as a retailer, not consumer, of materials, and c) have an executed contract over $5 million to install materials at the jobsite.

The $5 million threshold applies to individual contracts held by a contractor or subcontractor and not the total project value. The Prime Contractor will require that the subcontractors or other contractors exercise their option to obtain a California Department of Tax & Fee Administration construction site sub-permit for the jobsite and allocate all eligible use tax payments to the City of Moreno Valley. Prior to any Notice to Proceed(s), the Prime Contractor will require that the subcontractor or other contractors provide the City of Moreno Valley with either a copy of their sub-permit that shows their CDTFA account number or a signed statement that sales and use tax does not apply to their portion of the project. The Prime Contractor will provide the City with a list of subcontractors associated with the project.
105. 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)]
106. For single family residential subdivisions, all lots shall drain to the street at a minimum
surface grade of 2.0% and on-site drainage shall be conveyed onto the street with subsurface drains at a minimum grade of 0.5% per current City Standards MVSI-152 and MVSI-153A. No cross-lot or over the sidewalk drainage shall be allowed.
107. 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:
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a. Tract Map (recordation prior to building permit issuance); b. Rough grading w/ erosion control plan (prior to grading permit issuance); c. Precise grading w/ erosion control plan (prior to building permit issuance); d.

Street with Striping, Storm Drain, Sewer, Water (prior to encroachment permit issuance);
e. Final drainage study (prior to grading plan approval); f. Final WQMP (prior to grading plan approval);
g. Lot Line Adjustment to adjust the south half of the easterly property line (prior to occupancy);
h. As-Built revision for all plans (prior to Occupancy release). 108. Water quality best management practices (BMPs) designed to meet Water Quality Management Plan (WQMP) requirements for development shall not be used as a construction BMP. Water quality BMPs shall be maintained for the entire duration of the project construction and be used to treat runoff from those developed portions of the project. Water quality BMPs shall be protected from upstream construction related runoff by having proper best management practices in place and maintained. Water quality BMPs shall be graded per the approved design plans and once landscaping and irrigation has been installed, it and its maintenance shall be turned over to an established Homeowner’s Association (HOA). 109. The proposed private storm drain system shall connect to the existing storm drain main
line in Goya Street. A storm drain manhole shall be placed at the right-of-way line to mark the beginning of the publicly maintained portion of this storm drain. 110. The developer shall protect downstream properties from damage caused by alteration
of drainage patterns (i.e. concentration or diversion of flow, etc).

Storm drain lines within private property will be privately maintained and those within public streets will be publicly maintained.

Prior to Grading Plan Approval
112. 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. 18 of 30
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113. Emergency overflow areas shall be shown at all applicable drainage improvement locations
in the event that the drainage improvement fails or exceeds full capacity .

This may include, but not be limited to, under sidewalk drains. 114. 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.
115. 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.
116. 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.
117. The developer shall select Low Impact Development (LID) Best Management Practices (BMPs) designed per the latest version of the Water Quality Management 19 of 30
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Plan (WQMP) - a guidance document for the Santa Ana region of Riverside County. 118. 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.
119. 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
120. 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)]
121. 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. 122. 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)]
123. 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]
124. Prior to the payment of the Development Impact Fee (DIF), the developer may enter into a DIF Improvement Credit Agreement to secure credit for the construction of applicable improvements. If the developer fails to complete this agreement prior to the timing specified above, credits may not be given. The developer shall pay current DIF fees adopted by the City Council. [Ord. 695 § 1.1 (part), 2005] [MC

3.38.030, 040, 050]
Prior to Map Approval
125. All proposed street names shall be submitted for review and approved by the City Engineer, if applicable. [MC 9.14.090(E.2.k)]
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126. A copy of the Covenants, Conditions and Restrictions (CC&R's) shall be submitted for review and approved by the City Engineer. The CC&R's shall include, but not be limited to, access easements, reciprocal access, private and/or public utility easements as may be relevant to the project. In addition, for single-family residential development, bylaws and articles of incorporation shall also be included as part of the maintenance agreement for any water quality BMPs. 127. Resolution of all drainage issues shall be as approved by the City Engineer. 128. If the project involves the subdivision of land, maps may be developed in phases with
the approval of the City Engineer. Financial security shall be provided for all public improvements associated with each phase of the map. The boundaries of any multiple map increment shall be subject to the approval of the City Engineer. If the project does not involve the subdivision of land and it is necessary to dedicate right-of-way/easements, the developer shall make the appropriate offer of dedication by separate instrument. In either case, the City Engineer may require the dedication and construction of necessary utility, street or other improvements beyond the project boundary, if the improvements are needed for circulation, parking, access, or for the welfare or safety of the public. This approval must be obtained prior to the Developer submitting a Phasing Plan to the California Bureau of Real Estate. [MC 9.14.080(B)(C), GC 66412 & 66462.5] 129. Maps (prepared by a registered civil engineer and/or licensed surveyor) shall be submitted for review and approved by the City Engineer per the current submittal requirements.
130. Under the current permit for storm water activities required as part of the National Pollutant
Discharge Elimination System (NPDES) as mandated by the Federal Clean Water Act, this project is subject to the following requirements:
a. Establish a Home Owners Association (HOA) to finance the maintenance of the “Water Quality BMPs”. Any lots which are identified as “Water Quality BMPs” shall be owned in fee by the HOA.
131. The developer shall guarantee the completion of all related improvements required for
this project by executing a Public Improvement Agreement (PIA) with the City and posting the required security. [MC 9.14.220]
132. All public improvement plans required for this project shall be approved by the City Engineer in order to execute the Public Improvement Agreement (PIA). 133. All street dedications shall be free of all encumbrances, irrevocably offered to the public
and shall continue in force until the City accepts or abandons such offers, unless otherwise approved by the City Engineer.
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Prior to Improvement Plan Approval
134. 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. 135. The developer shall submit clearances from all applicable agencies, and pay all applicable plan check fees.
136. The street improvement plans shall comply with current City policies, plans and applicable City standards (i.e. MVSI-160 series, etc.) throughout this project. 137. 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] 138. 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.
139. Any missing or deficient existing improvements along the project frontage within Iris Avenue
and Goya Street shall be constructed or secured for construction. The City Engineer may require the ultimate structural section for pavement to half-street width plus 18 feet or provide core test results confirming that existing pavement section is per current City Standards; additional signing & striping to accommodate increased traffic imposed by the development, etc.
140. All dry and wet utilities shall be shown on the plans and any crossings shall be potholed
to determine actual location and elevation. Any conflicts shall be identified and addressed on the plans. The pothole survey data shall be submitted to Land Development with the public improvement plans for reference purposes only. The developer is responsible to coordinate with all affected utility companies and bear all costs of any utility relocation.

Prior to Encroachment Permit
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141. 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.
142. Any work performed within public right-of-way requires an encroachment permit.

Prior to Building Permit
143. 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.
144. For all subdivision projects, the map shall be recorded (excluding model homes). [MC 9.14.190]
145. 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.
146. Certification to the line, grade, flow test and system invert elevations for the water quality
control BMPs shall be submitted for review and approved by the City Engineer (excluding models homes).

Prior to Occupancy
147. 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.
148. The final/precise grade certification shall be submitted for review and approved by the City Engineer.
149. The developer shall complete all public improvements in conformance with current City standards, except as noted in the Special Conditions, including but not limited 23 of 30
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to the following:
a.

Street improvements including, but not limited to: pavement, base, curb and/or gutter, cross gutters, spandrel, sidewalks, drive approaches, pedestrian ramps, street lights (MVU: SL-2), signing, striping, under sidewalk drains, landscaping and irrigation, pavement tapers/transitions and traffic control devices as appropriate.
b. Storm drain facilities including, but not limited to: storm drain pipe, storm drain laterals, catch basins and local depressions.
c. City-owned utilities.
d. Sewer and water systems including, but not limited to: sanitary sewer, potable water and recycled water.
e. Under grounding of all existing and proposed utilities adjacent to and on-site. [MC 9.14.130]
f. Relocation of overhead electrical utility lines including, but not limited to:
electrical, cable and telephone.
150. 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.
151. 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.
152. 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. 24 of 30
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e. Clean and repair the water quality BMP's, including re-grading to approved civil drawing if necessary.
f. Obtain approval and complete installation of the irrigation and landscaping. 153. Prior to occupancy, the following improvements shall be completed:

MVSI-106B-0. 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
155. 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].
156. 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 25 of 30
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the construction and maintenance of major infrastructure improvements, which may include
but is not limited to thoroughfares, bridges, and certain flood control improvements. This condition will be applicable provided said district is under development at the time this project applies for the 1st Building Permit. This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful annexation/formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the annual special tax, assessment, or fee levied against the property tax bill, or other lawful means, of the parcels of the project for such district. At the time of the public hearing to consider annexation into or formation of the district, the qualified elector(s) will not protest the annexation or formation, but will retain the right to object to any eventual tax/assessment/fee that is not equitable should the financial burden of the tax/assessment/fee not be reasonably proportionate to the benefit the affected property receives from the improvements to be installed and/or maintained or services provided. The special election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings. An alternative to satisfying this condition will be identified at such time as a special financing district has been established. At the time of development, the developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to determine if this condition is applicable. 157. 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 26 of 30
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CONDITIONS OF APPROVAL
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election requires a minimum 90-day process in compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, and consistent with the scheduling for City Council meetings.

An alternative to satisfying this funding source will be identified at such time as a special financing district has been established. At the time of development, the developer must contact Special Districts Administration at 951.413.3470 or at [email protected] to determine if this condition is applicable. 158. Public Safety Funding. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation ) to provide an ongoing funding source for Public Safety services, which may include but is not limited to Police, Fire Protection, Paramedic Services, Park Rangers, and Animal Control services. This condition will only be applicable provided said district is under development at the time this project applies for the 1st Building Permit.

CONDITIONS OF APPROVAL
Tentative Tract Map (PEN22-0156)

Page 28 ends

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

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.
160. Bioretention Basin Maintenance. The ongoing maintenance of any bioretention basin,
or other like water quality BMP constructed in the public right of way, shall be the responsibility of a property owner association or the property owner. 161. Maintenance Responsibility. The ongoing maintenance of any landscaping required to be installed behind the curb shall be the responsibility of the property owner. 162. 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.
163. CFD 7. This project is included within the future annexation boundaries for Community Facilities District No. 7 (CFD No. 7). The Local Component portion of the Area Drainage Plan (ADP) fee for Riverside County Flood Control and Water Conservation District (RCFCWCD) has been allocated toward the debt service payments on CFD No. 7 bonds and/or paid directly for acquisition of RCFCD facilities. In order for the Developer to meet its financial obligation, it must notify the Special Districts Administration at [email protected] when applying for a grading permit or if a grading permit is not required, when applying for building permit issuance and select one of the funding options outlined below. a) Participate in a special election to annex into CFD No. 7 and pay the equivalent to the Local 28 of 30
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CONDITIONS OF APPROVAL
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Component portion of the ADP fee including interest as a special tax levied annually on
the Riverside County property tax bill; or b) Pay the Local Component portion of the ADP fee directly to the City of Moreno Valley, Special Districts Administration which shall be used for any authorized purpose for CFD No. 7. If the funding option selected is to annex into the District, a minimum of 90-days is needed to complete the special election process. This allows adequate time to complete the special election process in compliance with the provisions of Article 13C of the California Constitution for conducting a special election. Annexation to CFD No. 7 shall be completed or proof of payment of the Local Component portion of the ADP fee shall be provided to the Special Districts Administration at [email protected] prior to issuance of the 1st Building Permit for this project.
164. CFD 2014-01. Prior to City Council action authorizing the recordation of the final map, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee, form an association to fund the services or fund an endowment ) to provide an ongoing funding source for a) Street Lighting Services for capital improvements, energy charges, and maintenance and/or b) street and storm drain maintenance.

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

CONDITIONS OF APPROVAL
Tentative Tract Map (PEN22-0156)

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the Area Drainage Plan (ADP) fee for Riverside County Flood Control and Water Conservation District (RCFCWCD) has been allocated toward the debt service payments on CFD No. 7 bonds and/or paid directly for acquisition of RCFCD facilities. In order for the Developer to meet its financial obligation, it must notify the Special Districts Administration at [email protected] when applying for a grading permit or if a grading permit is not required, when applying for building permit issuance and select one of the funding options outlined below. a) Participate in a special election to annex into CFD No. 7 and pay the equivalent to the Local Component portion of the ADP fee including interest as a special tax levied annually on the Riverside County property tax bill; or b) Pay the Local Component portion of the ADP fee directly to the City of Moreno Valley, Special Districts Administration which shall be used for any authorized purpose for CFD No. 7. If the funding option selected is to annex into the District, a minimum of 90-days is needed to complete the special election process. This allows adequate time to complete the special election process in compliance with the provisions of Article 13C of the California Constitution for conducting a special election. Annexation to CFD No. 7 shall be completed or proof of payment of the Local Component portion of the ADP fee shall be provided to the Special Districts Administration at [email protected] prior to issuance of the 1st Building Permit for this project.
166. Conditions of approval may be modified or added if a phasing plan is submitted for this development.
167. Project driveways shall conform to Section 9.11.080, and Table 9.11.080-14 of the City’s Development Code – Design Guidelines and City of Moreno Valley Standard Plans No. MVSI-111B-0 for residential driveway approaches. 168. Iris Avenue is classified and shall be improved as an Arterial per City Standard Plan No.

MVSI-104A-1. Any improvements, including transitions, undertaken by this project shall be consistent with the City's standards for this facility. 169. Goya Street is classified and shall be improved as a Collector Street per City Standard
MVSI-106B-0. Any improvements undertaken by this project shall be consistent with the City's standards for this facility. 170. Communication conduit shall be installed per City Standard Plan No. MVSI-186-0 along Iris Avenue.
171. No gates are proposed. Any proposed gates shall be subject to city requirements. 172. Prior to issuance of a certificate of occupancy, all approved street improvements shall be installed to the satisfaction of the City Engineer. 173. Prior to issuance of a certificate of occupancy, all approved signing and striping shall be installed per current City Standards.
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174. Prior to issuance of a construction permit, construction traffic control plans prepared by
a qualified, registered Civil or Traffic engineer shall be required for plan approval, as required by the City Traffic Engineer.
175. 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.
176. 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 Iris Avenue and Goya Avenue. A Class II bike lane along Iris Avenue shall be provided. 177. Appropriate signing and striping shall be installed for any onsite fire lane(s), as approved by the Fire Department.
178. On-street parking shall be prohibited along the west side of the internal private street.
179. All proposed on-site traffic signing and striping should be accordance with the latest California Manual on Uniform Traffic Control Devices (CAMUTCD).

PARKS & COMMUNITY SERVICES DEPARTMENT
180. This project is subject to current Quimby Fees.
181. This project is subject to current Development Impact Fees. 31 of 30
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March 5, 2024
ORDINANCE NO. XXX

THE REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF
GOYA AVENUE AND INDIAN STREET (APN: 316 -020-020, 021, 022, 023, 024, AND 025)
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California, and has the authority to approve amendments to the City’s General Plan and City’s Zoning Atlas; and
WHEREAS, David Patton, Mark Patton, Tracey Duesler, and Michael and Karen Patton (collectively, the “ Applicant”) ha ve submitted applications for the approval of General Plan Amendment (PEN2 3-0072), Change of Zone (PEN23 -0071), Conditional Use Permit (PEN2 3-0070), and Tentative Tract Map 38702 (PEN23-0069) for the development of a 131 unit detached single- family residential project with associated amenities and public improvements (“Proposed Project”) on 13.73 acres located on the southeast corner of Goya Avenue and Indian Street (APN: 316-020-020, 021, 022, 023, 024, and 025) (“Project Site”); and
WHEREAS, Change of Zone (PEN23- 0071) requests an amendment to the Moreno Valley Official Zoning Atlas to change the zoning designation of the Project Site from the Residential 5 (R5) District to Residential Single-Family 10 (RS10) District; and WHEREAS, on February 8, 2024 , a public hearing to consider the Proposed Project was duly conducted by the Planning Commission, at which time all interested persons were provided with an opportunity to testify and to present evidence; and WHEREAS, on February 8, 2024, in accordance with the provisions of the California Environmental Quality Act (CEQA 1) and CEQA Guidelines2, the Planning Commission adopted Resolution No. 2024-07, recommending that the City Council certify and adopt the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Proposed Project; and
WHEREAS, on February 8, 2024, the public hearing was conducted by the Planning Commission to consider Change of Zone (PEN23-0071), after which the Planning Commission adopted Resolution No. 2024- 09 recommending that the City Council approve Change of Zone (PEN23-0071); and
WHEREAS, pursuant to the provisions of Section 9.02.200 (Public Hearing and Notification Procedures) of the Moreno Valley Municipal Code and Government Code Section 65905, a public hearing was scheduled for March 5, 2024, before the City Council

1 Public Resources Code §§ 21000-21177
2 14 California Code of Regulations §§15000-15387
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March 5, 2024
and notice thereof was duly published and posted, and mailed to all property owners of record within 600 feet of the Project Site; and
WHEREAS, on March 5, 2024, the public hearing was conducted to consider Change of Zone (PEN23-0071) for the Proposed Project was duly conducted by the City Council at which time all interested p ersons were provided with an opportunity to testify and to present evidence; and
WHEREAS, on March 5, 2024, in accordance with the provisions of the California Environmental Quality Act (CEQA) and CEQA Guidelines , the City Council considered and adopted Resolution No. 2024- XX, certify ing and adopt ing the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Proposed Project.

THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

Section 4. Effective Date
This ordinance shall take effect thirty (30) days after the date of its adoption. [Remainder of Page Intentionally Left Blank]

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March 5, 2024
PASSED AND ADOPTED THIS 5th DAY OF MARCH, 2024.

CITY OF MORENO VALLEY

CITY COUNCIL
_____________________________________
Ulises Cabrera,
Mayor
ATTEST:

_____________________________________________
Jane Halstead,
City Clerk

APPROVED AS TO FORM:

_____________________________________________
Steven B. Quintanilla,
City Attorney

Exhibit:

Exhibit A: Change of Zone
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KRAMERIA

IRIS AVE
R 5P
P 2 0 8 I
R 5
R 5R 5
P 2 0 8 IR 5 R 5

EXHIBIT A

CHANGE OF ZONE
(PEN23-0071)
R5
Existing Zoning
Proposed Zoning
N.T.S.

KRAMERIA

IRIS AVE
R 5P
P 2 0 8 I
R 5
R 5R 5
P 2 0 8 IR 5 R 5
R5
P
R30
SP 208 I
P
R10
P
R30
SP 208 I
P
R5
R5
LEGEND:
C o r r i do r M i xed U s e
I n dus t r i al/ B us i n es s P ar k P ubli c F aci li t i es
H i ghway O f f i ce/ C o m m er
S ubur ban R es i den t i al
M ult i - F am i ly
O p en S p ace/ P ar k
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Attachment: Ordinance No. XXX - Change of Zone - Goya at Heritage Park [Revision 1] (6558 : HERITAGE 1 Resolution No. 2024-XX
March 5, 2024

RESOLUTION NUMBER 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO

VALLEY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
(PEN23-0070) AND TENTATIVE TRACT MAP 38702 (PEN23-0069) FOR THE DEVELOPMENT OF A 131 UNIT DETACHED SINGLE -FAMILY

RESIDENTIAL PROJECT LOCATED ON THE SOUTH EAST CORNER
OF GOYA AVENUE AND OF INDIAN STREET (APN: 316-020-020, 021, 022, 023, 024, AND 025)
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California; and
WHEREAS, David Patton, Mark Patton, Tracey Duesler, and Michael and Karen Patton (collectively, the “Applicant”) ha ve submitted applications for a General Plan Amendment (PEN23 -0072), Change of Zone (PEN2 3-0071), Conditional Use Permit (PEN23-0070), and Tentative Tract Map 38702 (PEN23-0069) for the development of a 131 unit detached single-family residential project with associated amenities and public improvements (“Proposed Project”) on 13.73 acres located on the southeast corner of Goya Avenue and Indian Street (APN: 316-020-020, 021, 022, 023, 024 and 025 ) (“Project Site”); and
WHEREAS, Section 9.02.060 (Conditional Use Permits) of the Moreno Valley Municipal Code acknowledges that the purpose of Conditional Use Permits is to allow the establishment of uses that may have special impacts or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location and that the Conditional Use Permit application process involves the review of location, design, and configuration of improvements related to the project, and the potential impact of the project on the surrounding area based on fixed and established standards; and
WHEREAS, consistent with the requirements of Section 9.02.060 (Conditional Use Permits) of the Moreno Valley Municipal Code, at the public hearing, the City Council considered Conditions of Approval to be imposed upon Conditional Use Permit (PEN23- 0070), 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 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, Chapter 9.14 (Land Division) of the Moreno Valley Municipal Code, at the public hearing, the City Council considered Conditions of Approval to be imposed upon Tentative Tract Map 38 702 (PEN23-0069), which conditions were prepared by Planning Division staff who deemed said conditions to be necessary to address on- site improvements and off -site improvements, the manner in which the Project Site is to be used, and any other conditions as may be deemed necessary to protect the public health, safety, an d welfare and to ensure that the Proposed Project will be developed in J.1.ae
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accordance with the purpose and intent of Title 9 (Planning and Zoning) of the Municipal Code; and
WHEREAS, the applications for the Proposed Project have been evaluated in accordance with Section 9.02.060 (Conditional Use Permits) and Chapter 9.14 (Land Division), respectively, of the Municipal Code with consideration given to the City’s General Plan, Zoning Ordinance, and other applicable laws and regulations; and WHEREAS, on February 8, 2024, a public hearing to consider the Proposed Project was duly conducted by the Planning Commission, at which time all interested persons were provided with an opportunity to testify and to present evidence; and WHEREAS, on February 8, 2024, in accordance with the provisions of the California Environmental Quality Act (CEQA
1) and CEQA Guidelines2, the Planning
Commission adopted Resolution No. 2024-07, recommending that the City Council certify and adopt the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Proposed Project; and
WHEREAS, on February 8, 2024, the public hearing was conducted by the Planning Commission to consider the Conditional Use Permit (PEN23 -0070) and Tentative Tract Map 38702 (PEN23-0069), after which the Planning Commission adopted Resolution No. 2024- 10 forwarding a recommendation that the City Council approve Conditional Use Permit (PEN23 -0070) and Tentative Tract Map 38 702 (PEN23-0069); and
WHEREAS, pursuant to the provisions of Section 9.02.200 (Public Hearing and Notification Procedures) of the Moreno Valley Municipal Code and Government Code Section 65905, a public hearing was scheduled for March 5, 2024, before the City Council and notice thereof was duly published and posted, and mailed to all property owners of record within 600 feet of the Project Site; and
WHEREAS, on March 5, 2024, the public hearing was conducted to consider Conditional Use Permit (PEN23-0070) and Tentative Tract Map 38702 (PEN22-0069) for the Proposed Project was duly conducted by the City Council at which time all interested persons were provided with an opportunity to testify and to present evidence; and WHEREAS, on March 5, 2024, in accordance with the provisions of the California Environmental Quality Act (CEQA) and CEQA Guidelines , the City Council considered and adopted Resolution No. 2024- XX, certifying and adopting the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for the Proposed Project; and
WHEREAS, on March 5, 2024, the City Council considered and adopted

1 Public Resources Code §§ 21000-21177
2 14 California Code of Regulations §§15000-15387
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March 5, 2024

Resolution No. 2024- XX, approving General Plan Amendment (PEN23-0 072) for the Proposed Project; and
WHEREAS, on March 5, 2024, the City Council considered and introduced Ordinance No. XXX, approving Change of Zone (PEN23-0071) 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 E xhibits 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, i n 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, and the Applicant is hereby notified that the ninety-day approval period in which the Applicant may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has commenced upon the adoption of this Resolution.

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;
(b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code and all other relevant provisions referenced therein;
(c) Application for Conditional Use Permit (PEN23-0070), including Resolution No. 2024-XX and all documents, records, and references contained therein; (d) Conditions of Approval for Conditional Use Permit (PEN2 3-0070), attached hereto as Exhibit A;
(e) Application for the approval of Tentative Tract Map 38 702 (PEN23-0069), including Resolution No. 2024- XX and all documents, records, and references contained therein;
(f) Conditions of Approval for Tentative Tract Map 38 702 ( PEN23-0069), attached hereto as Exhibit B;
(g) Planning Division Staff Reports prepared for the Planning Commission and City Council’s consideration and all documents, records , and references J.1.ae
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March 5, 2024

related thereto, and Planning Division Staff’s presentation at the public hearing;
(h) Testimony, and/or comments from Applicant and its representatives during the public hearing; and
(i) 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 P roposed Project will be compatible with existing and planned land uses in the vicinity; e. The design and improvements of the subdivision is consistent with the General Plan;
f. The Project Site is physically suitable for the type of development; g. The Project Site of the proposed land division is physically suitable for the proposed density of the development;
h. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife and/or their habitat;
i. The design of the Proposed Project and the proposed improvements is not likely to cause serious public health problems;
j. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision;
k. The requirements of CEQA have been satisfied;
l. The proposed land division is not subject to the Williamson Act pursuant to the California Land Conservation Act of 1965;
m. The proposed land division and the associated design and improvements are consistent with applicable ordinances of the City;
n. The design of the land division provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision; and o. The effect of the Proposed Project on the housing needs of the region were considered and balanced against the public service needs of the residents of Moreno Valley and available fiscal and environmental resources.

Section 5. A pproval
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March 5, 2024

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 Conditional Use Permit (PEN2 3- 0070), attached hereto as Exhibit A, and Conditions of Approval for Tentative Tract Map 38702 (PEN23-0069), attached hereto as Exhibit B.

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. [Remainder of Page Intentionally Left Blank]
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March 5, 2024

Section 9. Certification
That the City Clerk shall certify to the passage of this Resolution.

PASSED AND ADOPTED THIS 5th DAY OF MARCH 2024.

CITY OF MORENO VALLEY

CITY COUNCIL

_____________________________________
Ulises Cabrera, Mayor

ATTEST:

_______________________________
Jane Halstead,
City Clerk

APPROVED AS TO FORM:

_______________________________
Steven B. Quintanilla,
City Attorney

Exhibits:

Exhibit A: Conditional Use Permit (PEN23-0070), Conditions of Approval Exhibit B: Tentative Tract Map 38702 (PEN23-0069), Conditions of Approval J.1.ae
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Exhibit A
Conditional Use Permit (PEN23-0070) Conditions of Approval

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CONDITIONS OF APPROVAL
Conditional Use Permit (PEN23-0070)

Page 1 ends

CITY OF MORENO VALLEY

CONDITIONS OF APPROVAL
Conditional Use Permit (PEN23-0070)
EFFECTIVE DATE:

EXPIRATION DATE:

COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division

5. The Developer shall defend, indemnify and hold harmless the City, city council, commissions,
boards, subcommittees and the City’s elected and appointed officials, commissioners, board members, officers, agents, consultants and employees (“City Parties”) from and against any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following items: ( i) any prior or current agreements by and among the City and the Developer; (ii) the J.1.ae
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CONDITIONS OF APPROVAL
Conditional Use Permit (PEN23-0070)

Page 2 ends

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

9. All site plans, grading plans, landscape and irrigation plans, fence/wall plans, lighting plans and street improvement plans shall be coordinated for consistency with this approval.

Special Conditions

10. The site has been approved for a Conditional Use Permit (PEN23-0070) for Tentative Tract Map 38702 (PEN23-0069) for a Planned Unit Development comprised of 131 detached single-family residences with a tot-lot and dog park, retention basin, and associated on-site and off-site improvements per the approved plans and the Planned Unit Development Design Guidelines. A change or modification shall require separate approval.

11. The Conditional Use Permit (PEN23-0070) and Tentative Tract Map 38702 (PEN23-0069) for the approved Planned Unit Development are tied together and 2 of 27
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Attachment: Resolution No. 2024-XX - Conditional Use Permit and Tentative Tract Map - Goya at Heritage Park [Revision 1] (6558 : HERITAGE

CONDITIONS OF APPROVAL
Conditional Use Permit (PEN23-0070)

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Moreno Valley City CouncilMarch 5, 2024

Moreno Valley City Council
March 5, 2024