CONDITIONS OF APPROVAL
Specific Plan (PEN21-0334)
CITY OF MORENO VALLEY
CONDITIONS OF APPROVAL
Specific Plan (PEN21-0334)
EFFECTIVE DATE:
EXPIRATION DATE:
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. 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 per the Municipal Code.
2. The Developer shall defend, indemnify and hold harmless the City, city council , commissions, boards, subcommittees and the City’s elected and appointed officials, commissioners, board members, officers, agents, consultants and employees (“City Parties”) from and against any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following items: ( i) any prior or current agreements by and among the City and the Developer; (ii) the current, concurrent and subsequent permits, licenses and entitlements approved by the City; (iii) any environmental determination made by the City in connection with the Project Site and the Project; and (iv) any proceedings or other actions undertaken by the City in connection with the adoption or approval of any of the above. In the event of any administrative, legal, equitable action or other proceeding instituted by any third party (including without limitation a governmental entity or official) challenging the legality, validity or adequacy of any of the above items or any portion thereof, the Parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, the City, at its sole option, may tender the complete defense of any third party challenge as described herein. In the event the City elects to contract with special counsel to provide for such a defense, the City shall meet and confer with the Developer regarding the selection of counsel, and the Developer shall pay all costs related to retention of such counsel by the City.
3. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash and debris per the Municipal Code.
4. The site shall be developed in substantial conformance with the approved specific plan on file in the Community Development Department - Planning Division, the
CONDITIONS OF APPROVAL
Specific Plan (PEN21-0334)
Municipal Code regulations, General Plan, and the conditions contained herein .
Prior to occupancy or 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 per the Municipal Code.
5. 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 per the Municipal Code.
FIRE DEPARTMENT
Fire Prevention Bureau
6. All Fire Department access roads or driveways shall not exceed 12 percent grade . (CFC 503.2.7 and MVMC 8.36.060[G])
7. 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)
8. 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)
9. 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)
10. 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)
11. 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)
12. 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 . 2 of 6
CONDITIONS OF APPROVAL
Specific Plan (PEN21-0334)
(CFC 505.1, MVMC 8.36.060[I])
13. 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.
14. 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.
15. The Fire Code Official is authorized to enforce the fire safety during construction requirements of Chapter 33. (CFC Chapter 33 & CBC Chapter 33)
16. Prior to issuance of Building Permits, the applicant /developer shall participate in the Fire Impact Mitigation Program. (Fee Resolution as adopted by City Council)
17. Fire lanes and fire apparatus access roads shall have an unobstructed width of not less than twenty–four (24) feet and an unobstructed vertical clearance of not less the thirteen (13) feet six (6) inches. (CFC 503.2.1 and MVMC 8.36.060[E])
18. 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])
19. 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)
20. Prior to issuance of a Certificate of Occupancy or Building Final, a “Knox Box Rapid Entry System” shall be provided. The Knox -Box shall be installed in an accessible location approved by the Fire Code Official. All exterior security emergency access gates shall be electronically operated and be provided with Knox key switches for access by emergency personnel. (CFC 506.1)
21. The minimum number of fire hydrants required, as well as the location and spacing 3 of 6
CONDITIONS OF APPROVAL
Specific Plan (PEN21-0334)
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)
22. 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)
23. 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)
24. 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)
25. 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)
26. 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 B 105.1.
The applicant /developer shall provide documentation to show there exists a water system capable of delivering said waterflow for 2 hour(s) duration at 20-PSI residual operating pressure. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. Specific requirements for the project will be determined at time of submittal. (CFC 507.3, Appendix B)
27. 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.
28. Prior to construction, all traffic calming designs /devices must be approved by the Fire Marshal and City Engineer.
29. 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)
30. 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. 4 of 6
CONDITIONS OF APPROVAL
Specific Plan (PEN21-0334)
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.
PUBLIC WORKS DEPARTMENT
Land Development
31. The developer shall comply with all applicable provisions of the Specific Plan, 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, also referred to as the Subdivision Map Act (SMA) per the Municipal Code.
Moreno Valley Utility
32. 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.
33. This project requires the installation of electric distribution facilities. The developer shall submit a detailed engineering plan showing design, location and schematics for the utility system to be approved by the City Engineer. In accordance with Government Code Section 66462, the Developer shall execute an agreement with the City providing for the installation, construction, improvement and dedication of the utility system following recordation of final map and /or concurrent with trenching operations and other improvements so long as said agreement incorporates the approved engineering plan and provides financial security to guarantee completion and dedication of the utility system.
The Developer shall coordinate and receive approval from the City Engineer to install, construct, improve, and dedicate to the City all utility infrastructure including but not limited to, conduit, equipment, vaults, ducts, wires, switches, conductors, transformers, and “bring -up” facilities including electrical capacity to serve the identified development and other adjoining, abutting, or benefiting projects as determined by Moreno Valley Utility – collectively referred to as “utility system”, to and through the development, along with any appurtenant real property easements , as determined by the City Engineer necessary for the distribution and /or delivery of any and all “utility services” to and within the project. For purposes of this condition , “utility services” shall mean electric, cable television, telecommunication (including 5 of 6
CONDITIONS OF APPROVAL
Specific Plan (PEN21-0334)
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.
34. 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.
35. This project shall coordinate and receive approval from the City Engineer to install , construct, improve, and dedicate to the City fiber optic cable improvements consisting of fiber optic cable, conduit, and pull boxes to serve the identified development and other adjoining, abutting, or benefiting projects as determined by Moreno Valley Utility along with any appurtenant real property easements, as determined by the City Engineer to be necessary for the distribution and /or delivery of any and all “fiber optic services” to and within the project.
PARKS & COMMUNITY SERVICES DEPARTMENT
36. This project is subject to Development Impact Fees.
37. This project is subject to current Quimby Fees.
Standard Conditions
38. Parks and Community Services project construction shall adhere to: The City’s Standard Plans, ‘The Greenbook Standard Specifications for Public Works Construction’, ‘California Code of Regulations Title 24’, and the Park and Community Services Specification Guide.
39. Detailed final plans for parks, trails/bikeways, fencing, and adjoining landscaped areas shall be submitted to and approved by the Director of Parks and Community Services, or his /her designee, prior to the issuance of any building permits. All plans are to include a profile showing grade changes.
40. Within the improvements for PCS, the applicant shall show all existing and planned 6 of 6
CONDITIONS OF APPROVAL
Specific Plan (PEN21-0334)
easements on all maps and plans. Easements on City /CSD owned or maintained parks, trails, bikeways, and landscape shall be identified on each of these plans with the instrument number of the recorded easement.
41. Prior to recordation of the Final Map, the applicant shall post security to guarantee construction or modification of parks, trails and /or bikeways for the City /CSD.
Copies of said documentation shall be provided to PCS, prior to the approval of the Final Map.
42. All inspections shall be requested two (2) working days in advance from the Parks and Community Services Department at the time of grading and installation of any improvements.
43. Applicable plan check and inspection fees shall be paid, per the approved City fee schedule.
44. A restriction shall be placed on lots that back up to City /CSD owned or maintained parks, trails, bikeways, and landscaped areas, preventing openings or gates accessing the City /CSD owned or maintained property. This shall be documented through Covenants, Conditions, and Restrictions (CC&R’s). A copy of the CC &R’s with this restriction noted shall be submitted and approved by the Director of Parks and Community Services or his /her designee, prior to the recordation of the Final Map.
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