Moreno Valley City Council
May 5, 2026

CONDITIONS OF APPROVAL
Tentative Tract Map (PEN22-0131)

CITY OF MORENO VALLEY

CONDITIONS OF APPROVAL
Tentative Tract Map (PEN22-0131)
EFFECTIVE DATE:

EXPIRATION DATE:
11/20/2023
12/15/2026

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. (MC 9.02.030)

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. (MC 9.02.030)

4. The site shall be developed in accordance with the approved plans on file in the Community Development Department - Planning Division, the Municipal Code 1 of 34
Exhibit D

CONDITIONS OF APPROVAL
Tentative Tract Map (PEN22-0131)

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)

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. (MC 9.12)

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

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

8. 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.

Special Conditions

9. Prior to grading plan approval, Basin fencing shall include wrought iron fencing with pilasters

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.

12. This approval shall comply with all applicable requirements of the City of Moreno Valley Municipal Code.
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13. Prior to grading plan approval, decorative block walls shall be provided along the street side for all corner lots. (MC 9.08.070)

14. 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)

15. 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)

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

17. Prior to the issuance of grading permits, final erosion control landscape and irrigation plans for all cut or fill slopes over 3 feet in height shall be submitted to and approved by the Planning Division. The plans shall be designed in accordance with the slope erosion plan as required by the City Engineer. Man-made slopes greater than 10 feet in height shall be "land formed" to conform to the natural terrain and shall be landscaped and stabilized to minimize visual scarring. (GP Objective 1.5, MC 9.08.080, DG)

18. 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 3 of 34

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Objective 23.3, CEQA).

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

20. 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)

21. 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.

22. 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)

23. 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.)

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

25. 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 or designee and shall substantially conform to all intent and purpose of the subdivision approval. (MC 9.14.080)

26. 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.

27. Prior to approval of a precise grading plan, final front and street side yard 4 of 34

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landscape and irrigation plans shall be submitted to and approved by the Planning Division per the Planned Unit Development Plan (PUD). The plans shall be prepared in accordance with the PUD, and the City's Municipal Code Landscape Requirements, and include required street trees.

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

29. 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 tot lot/public seating areas and other recreation facilities or buildings. The approved documents shall also contain a provision, which provides that they may not be terminated and /or substantially amended without the consent of the City and the developer's successor-in-interest. (MC 9.14.090)
In addition, the following deed restrictions and disclosures shall be included within the document and grant deed of the properties:
a. The developer and homeowners association shall promote the use of native plants and trees and drought-tolerant species.
b. All lots designated for open space and or detention basins, shall be included as an easement to, and maintained by a Homeowners Association (HOA) or other private maintenance entity. All reverse frontage landscape areas shall also be maintained by the onsite HOA. Language to this effect shall be included and reviewed within the required Covenant Conditions and Restrictions (CC&Rs) prior to the approval of the final map.
c. Maintenance of any and all common facilities.
d. A conservation easement for lettered lots shall be recorded on the deed of the property and shown on the final map.

30. 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)

31. 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.
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32. Prior to grading plan approval, wall and fence plans shall be submitted to and approved by the Planning Division subject to the PUD, and the City ’s Municipal Code.

33. 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).

34. The site has been approved for Tentative Tract Map 38442 for 108 single-family residential lots with associated public improvements per the approved plan, and the associated Conditional Use Permit for a Planned Unit Development. A change or modification shall require separate approval.

35. Tentative Tract Map 38442 (PEN22-0131) and Conditional Use Permit for a Planned Unit Development (PEN22-0137) 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.

36. Separate Administrative Plot Plans, including, Design Review (product approval ), Model Home Complex or custom home reviews are required for approval of the design of the future single-family homes for Tentative Tract Map 38442.

37. Prior to approval of any grading plan, local and master -planned multi -use trail easements shall be shown on the rough and precise grading plans in accordance with the City's Master Trail Plan.

Building Division

38. 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.

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

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

42. 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.

43. 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 .

Each individual lot with a dwelling structure shall be directly serviced by EMWD .

Contact the water district at 951.928.3777 for specific details.

44. 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.

45. 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).

46. 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)

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

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

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

The Prime Contractor will require that the subcontractors or other contractors exercise their option to obtain a California Department of Tax & Fee Administration construction site sub -permit for the jobsite and allocate all eligible use tax payments to the City of Moreno Valley. Prior to any Notice to Proceed (s), the Prime Contractor shall provide the City of Moreno Valley Finance and Management Services 7 of 34

CONDITIONS OF APPROVAL
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Department with a list of subcontractors associated with the project along with a copy of their sub -permit that shows their CDTFA account number or a signed statement that sales and use tax does not apply to their portion of the project.

48. 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.

49. 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

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

51. 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)

52. 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)

53. 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)

54. 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)

55. 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) 8 of 34

CONDITIONS OF APPROVAL
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56. 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.

57. 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.

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

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

60. 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])

61. 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])

62. 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)

63. 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)

64. Fire Department access driveways over 150 feet in length shall have a turn-around 9 of 34

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as determined by the Fire Prevention Bureau capable of accommodating fire apparatus. (CFC 503 and MVMC 8.36.060, CFC 501.4)

65. 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)

66. 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)

67. 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)

68. 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).

69. 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.

70. 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.

71. The appropriation from local tax from construction contracts to the local jurisdiction 10 of 34

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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.

FINANCIAL & MANAGEMENT SERVICES DEPARTMENT
Moreno Valley Utility

72. 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.

73. 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 11 of 34

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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.

74. 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.

75. This project shall coordinate and receive approval from the City Engineer to install, construct, improve, and dedicate to the City fiber optic cable improvements consisting of fiber optic cable, splices and termination equipment to serve the identified development and other adjoining, abutting, or benefiting projects as determined by Moreno Valley Utility along with any appurtenant real property easements, as determined by the City Engineer to be necessary for the distribution and/or delivery of any and all “fiber optic services” to and within the project.

76. This project shall coordinate and receive approval from the City Engineer to install, construct, improve, and dedicate to Moreno Valley Utility fiber optic cable improvements consisting of conduit, and pull boxes to serve the identified development and other adjoining, abutting, or benefiting projects as determined by Moreno Valley Utility along with any appurtenant real property easements, as determined by the City Engineer to be necessary for the distribution and /or delivery of any and all “fiber optic services” to and within the project.

77. This project shall coordinate and receive approval from the City Engineer to install, construct, improve, and dedicate to Moreno Valley Utility electric streetlight improvements consisting of streetlight poles, mast-arms, fixtures conduit, wiring, 12 of 34

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terminations and pull boxes to serve the identified development and other adjoining, abutting, or benefiting projects as determined by the Land Development Department along with any appurtenant real property easements, as determined by the City Engineer to be necessary for the distribution and /or delivery of any and all “street light services” to and within the project.

PUBLIC WORKS DEPARTMENT
Land Development

78. 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.

79. 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]

80. 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.

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

82. 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.

83. 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.

84. In the event right -of-way or offsite easements are required to construct offsite improvements necessary for the orderly development of the surrounding area to meet the public health and safety needs, the developer shall make a good faith effort to acquire the needed right -of-way in accordance with the Land Development Division’s administrative policy. If unsuccessful, the Developer shall enter into an agreement with the City to acquire the necessary right -of-way or offsite easements and complete the improvements at such time the City acquires the right -of-way or offsite easements which will permit the improvements to be made. The developer shall be responsible for all costs associated with the right-of-way or easement 14 of 34

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acquisition. [GC 66462.5]

85. 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)]

86. 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]

87. 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.

88. The proposed private storm drain system shall connect to the project's proposed storm drain system. Storm drain manholes shall be placed at the right -of-way line to mark the beginning of each publicly maintained portion of this storm drain.

89. 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.

90. 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. Final 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. Public improvement plans (e.g., street / storm drain with striping, RCFC & WCD storm drain, sewer / water, etc.) (prior to map approval); e. Final drainage study (prior to grading plan approval); f. Final WQMP (prior to grading plan approval);
g. Legal documents (e.g., easement (s), dedication (s), vacation, etc.) (prior to building permit issuance);
h. As-Built revision for all plans (prior to occupancy release). 15 of 34

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91. 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).

Prior to Grading Plan Approval

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

93. 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.

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

95. 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.

96. The final project -specific Water Quality Management Plan (WQMP) shall be consistent with the approved P-WQMP, as well as in full conformance with the 16 of 34

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document: “Water Quality Management Plan - A Guidance Document for the Santa Ana Region of Riverside County” dated October 22, 2012. The F -WQMP shall be submitted and approved prior to application for and issuance of grading permits. At a minimum, the F -WQMP shall include the following: Site Design BMPs; Source Control BMPs, Treatment Control BMPs, Operation and Maintenance requirements for BMPs and sources of funding for BMP implementation. a. The Applicant has proposed to incorporate the use of an extended detention basin. Final design and sizing details of all BMPs must be provided in the first submittal of the F -WQMP. The Applicant acknowledges that more area than currently shown on the plans may be required to treat site runoff as required by the WQMP guidance document.
b. The Applicant shall substantiate the applicable Hydrologic Condition of Concerns (HCOC) in Section F of the F-WQMP.

The HCOC designates that the project will be exempt from mitigation requirements based on Exemption 3.
c. All proposed LID BMP ’s shall be designed in accordance with the RCFC&WCD’s Design Handbook for Low Impact Development Best Management Practices, dated September 2011.
d. The proposed LID BMP ’s as identified in the project -specific P -WQMP shall be incorporated into the Final WQMP.
e. The NPDES notes per City Standard Drawing No. MVFE-350-0 shall be included in the grading plans.
f. Post-construction treatment control BMPs, once placed into operation for post-construction water quality control, shall not be used to treat runoff from construction sites or unstabilized areas of the site.
g. Prior to precise grading plan approval, the grading plan shall show any proposed trash enclosure to include a cover (roof) and sufficient size for dual bin (1 for trash and 1 for recyclables). The architecture shall be approved by the Planning Division and any structural approvals shall be made by the Building and Safety Division.

97. 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 17 of 34

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review. A digital (pdf) copy of the soils /geotechnical report shall be submitted to the Land Development Division.

98. 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.

99. 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. 100. The developer shall submit recorded slope easements from adjacent property owners in all areas where grading resulting in slopes is proposed to take place outside of the project boundaries. For all other offsite grading, written permission from adjacent property owners shall be submitted.
101. 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.
102. Any proposed trash enclosure shall include a solid cover (roof) and sufficient size for dual bin (one for trash and one for recyclables). The architecture shall be approved by the Planning Division and any structural approvals shall be made by the Building & Safety Division.
103. 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
104. 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)]
105. 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. 106. 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 18 of 34

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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]
107. A digital (pdf) copy of all approved grading plans shall be submitted to the Land Development Division.
108. 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)]
109. 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]
110. Prior to the payment of the Transportation Uniform Mitigation Fee (TUMF), the developer may enter into a TUMF Improvement Credit Agreement to secure credit for the construction of applicable improvements. If the developer fails to complete this agreement by the timing specified above, credits may not be given. The developer shall pay current TUMF fees adopted by the City Council. [ Ord. 835 § 2.1, 2012] [MC 3.44.060]
Prior to Map Approval
111. All proposed street names shall be submitted for review and approved by the City Engineer, if applicable. [MC 9.14.090(E.2.k)]
112. 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. 113. The developer shall enter into a Cooperative Agreement with the City and Riverside County Flood Control and Water Conservation District establishing the terms and conditions covering the inspection, operation and maintenance of Master Drainage Plan facilities required to be constructed as part of the project. 114. After recordation, a digital (pdf) copy of the recorded map shall be submitted to the Land Development Division.
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115. Resolution of all drainage issues shall be as approved by the City Engineer. 116. 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] 117. 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.
118. Under the current permit for storm water activities required as part of the National Pollutant Discharge Elimination System (NPDES) as mandated by the Federal Clean Water Act, this project shall establish a 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. 119. 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]
120. All public improvement plans required for this project shall be approved by the City Engineer in order to execute the Public Improvement Agreement (PIA). 121. The developer shall comply with the requirements of the City Engineer based on recommendations of the Riverside County Flood Control District regarding the construction of County Master Plan Facilities.
122. 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
123. The developer is required to bring any existing access ramps adjacent to and fronting the project to current ADA (Americans with Disabilities Act) requirements. 20 of 34

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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. 124. The developer shall submit clearances from all applicable agencies, and pay all applicable plan check fees.
125. The street improvement plans shall comply with current City policies, plans and applicable City standards (i.e. MVSI-160 series, etc.) throughout this project. 126. The design plan and profile shall be based upon a centerline, extending beyond the project boundaries a minimum distance of 300 feet at a grade and alignment approved by the City Engineer.
127. Drainage facilities (i.e. catch basins, etc.) with sump conditions shall be designed to convey the tributary 100-year storm flows. Secondary emergency escape shall also be provided.
128. 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] 129. 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.
130. Any missing or deficient existing improvements along the project frontage shall be constructed or secured for construction. The City Engineer may require the ultimate structural section for pavement to half -street width plus 18 feet or provide core test results confirming that existing pavement section is per current City Standards; additional signing & striping to accommodate increased traffic imposed by the development, etc.
131. 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.
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132. 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.
133. Prior to improvement plan approval, pavement core samples of existing pavement shall be taken and findings submitted to the City for review and consideration of pavement improvements. The City will determine the adequacy of the existing pavement structural section. If the existing pavement structural section is found to be adequate, the developer may still be required to perform a 2 inch grind and overlay or slurry seal, depending on the severity of existing pavement cracking, as required by the City Engineer. If the existing pavement section is found to be inadequate, the Developer shall replace the pavement to meet or exceed the City's pavement structural section standard.

Prior to Encroachment Permit
134. A digital (pdf) copy of all approved improvement plans shall be submitted to the Land Development Division.
135. 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.
136. Any work performed within public right-of-way requires an encroachment permit.

Prior to Building Permit
137. 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.
138. For all subdivision projects, the map shall be recorded (excluding model homes ). [MC 9.14.190]
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139. 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.
140. 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).
141. Prior to building permit issuance, the developer shall dedicate the following right of way to accommodate the required improvements:
(a) The necessary street right of way dedication on the north side of Alessandro Boulevard (110' R /W / 86’ CC: 4-Lane Divided Arterial, City Standard No .

MVSI-103A-1) along the project frontage. Any existing right of way in excess of 55’ half-width along the project frontage shall be vacated. (b) The necessary street right of way dedication on the south and north sides of Bay Avenue (66' R /W / 44' CC: Collector, City Standard No. MVSI-106B-0) along the project frontage. Any existing right of way in excess of 33’ half-width along the project frontage shall be vacated.
(c) The necessary street right of way dedication on the west and east sides of Street A (66' R /W / 44' CC: Collector, City Standard No. MVSI-106B-0) along the project frontage.
(d) The necessary street right of way dedication on Streets K, L, M, N, O, P, and Q (56' R /W / 36' CC: Local Street, City Standard No. MVSI-107A-0) along the project frontage.
(e) Corner cutback right of way dedication per City Standard No. MVSl-165-0 on all intersecting public streets, as directed by the City Engineer. (f) Knuckle right of way dedication per City Standard No. MVSl-162-0 for the intersections of Street K and Street N, Street M and Street N, Street O and Street P, and Street P and Street Q, as directed by the City Engineer. (g) Cul-de-sac right of way dedication per City Standard No. MVSl-163A-0 for Street M, as directed by the City Engineer.

Prior to Occupancy
142. Prior to occupancy, Master Drainage Plan (MDP) Line H public storm drain shall be constructed of reinforced concrete pipe (RCP) in Street A from Alessandro Boulevard to Cottonwood Avenue. Upstream, Line H will connect to an existing easterly corrugated metal pipe (CMP) culvert in Cottonwood Avenue that drains the existing Moreno Cottonwood Sedimentation Basin located north of Cottonwood 23 of 34

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Avenue. Additionally, existing flows upstream of the westerly project boundary will be intercepted by proposed drainage devices and a proposed lateral to an existing CMP culvert along the westerly project edge. Downstream, Tract 38442 will discharge flows into the proposed Line H 90” RCP in Alessandro Boulevard. The Line H facility in Alessandro Boulevard, receiving flows from Tract 38442, is conditioned to be constructed by Tract 38236, as shown on the Moreno MDP Line H, Stage 2 improvement plans (City ID LC 022-0019, Project No. 4-0-00763 and 4-0-00789). In the event Tract 38236 does not construct the facilities shown on LC022-0019, Tract 38442 is conditioned to construct the downstream /receiving facilities prior to discharging flows into Line H Stage 2. Final design, sizing, and alignment shall be coordinated with the City and Riverside County Flood Control and Water Conservation District (RCFC & WCD) and shall be as approved by the City Engineer.
143. 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.
144. The final /precise grade certification shall be submitted for review and approved by the City Engineer.
145. 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, undersidewalk drains, landscaping and irrigation, medians, pavement tapers /transitions and traffic control devices as appropriate.
b. Storm drain facilities including, but not limited to: storm drain pipe, storm drain laterals, open channels, catch basins, and local depressions. c. City-owned utilities.
d. Sewer and water systems including, but not limited to: sanitary sewer, potable water, and recycled water.
e. Undergrounding 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.
146. For residential subdivisions, punch list work for improvements and capping of streets in that phase shall be completed and approved for acceptance by the City Engineer, prior to the following thresholds:
a. Issuance of a certificate of occupancy for the last 20% or last 5 homes (whichever is more) of any map phase.
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147. 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.
148. 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.
149. The Developer shall comply with the following water quality related items:
a. Notify the Land Development Division prior to construction and installation of all structural BMPs so that an inspection can be performed. b. Demonstrate that all structural BMPs described in the approved final project-specific WQMP have been constructed and installed in conformance with the approved plans and specifications;
c. Demonstrate that Developer is prepared to implement all non -structural BMPs described in the approved final project-specific WQMP; and d. Demonstrate that an adequate number of copies of the approved final project-specific WQMP are available for future owners/occupants. e. Clean and repair the water quality BMP's, including re -grading to approved civil drawing if necessary.
f. Obtain approval and complete installation of the irrigation and landscaping. 150. Prior to occupancy, the following improvements shall be completed:

Alessandro Boulevard (110' R /W / 86’ CC: 4-Lane Divided Arterial, City Standard No. MVSI-103A-1) shall be constructed to achieve a half -width of 55', full -width median, plus an additional 14' of pavement, along the entire project's south frontage and from the westerly tract boundary to approximately 315’ to the west to join existing Alessandro Boulevard improvements. 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-103A-1. Any missing or deficient improvements along the 25 of 34

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project's south frontage shall be constructed prior to issuance of a certificate of occupancy.
151. Prior to occupancy, the following improvements shall be completed:

Bay Avenue (66' R /W / 44' CC: Collector, City Standard No. MVSI-106B-0), shall be constructed to achieve a full -width of 44’ of pavement, along the entire project's north frontage and from the westerly tract boundary to approximately 200’ to the west to join existing Bay Avenue improvements. 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. 152. Prior to occupancy, the following improvements shall be completed:

Street A (66' R /W / 44' CC: Collector, City Standard No. MVSI-106B-0), shall be constructed to achieve a full -width of 44’ of pavement, along the entire project's east 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.
153. Prior to occupancy, the following improvements shall be completed:

Streets K, L, M, N, O, P, and Q (56' R /W / 36' CC: Local Street, City Standard No .

MVSI-107A-0) shall be constructed to achieve a full -width of 36’. 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.

Special Districts Division
154. 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].
155. 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 26 of 34

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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. 156. 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 27 of 34

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

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

An alternative to satisfying this condition will be identified at such time as a special 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. 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.
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This condition must be fully satisfied prior to issuance of the 1st Building Permit .

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

Alternatively, the condition can be satisfied by the Developer funding an endowment in an amount sufficient to yield an annual revenue stream that meets the annual 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.
159. Right of Way Water Quality BMP Maintenance. The ongoing maintenance of any water quality BMP (e.g. Bioswale) constructed in the public right of way shall be the responsibility of a property owner association or the property owner. 160. Maintenance Responsibility. The ongoing maintenance of any landscaping required to be installed behind the curb shall be the responsibility of the property owner. 161. 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) Landscape Maintenance Services for public parkway, traffic circle, open space, and /or median landscaping on Alessandro Blvd. and/or c) street and storm drain maintenance.

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 29 of 34

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Tentative Tract Map (PEN22-0131)

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

Alternatively, the condition can be satisfied by the Developer forming a property owner association that will be responsible for the improvements and any and all operation and maintenance costs for the improvements or by fundi 162. Landscape Construction. Parkway, open space, traffic circle and /or median landscaping specified in the project ’s Conditions of Approval shall be constructed consistent with the City of Moreno Valley Public Works Design Guidelines and completed prior to the issuance of Certificate of Occupancy for 25% (or 27) of the dwelling units for this tract or 12 months from the issuance of the first Certificate of Occupancy, whichever comes first. In cases where a phasing plan is submitted, the actual percentage of Certificate of Occupancies issued prior to the completion of the landscaping shall be subject to the review of the construction phasing plan. 163. Approved Landscape Plans. For those areas to be maintained by the City and prior to the issuance of the 1st Building Permit, Planning, Landscape Services and Transportation Engineering staff, at a minimum, shall review and approve the final median, parkway, slope, traffic circle and /or open space landscape /irrigation plans as designated on the tentative map or in these Conditions of Approval. 164. Parkway, open space, traffic circle, and /or median landscaping specified in the project’s Conditions of Approval shall be constructed in compliance with the approved landscape plans and completed prior to the issuance of the first Certificate of Occupancy/Building Final for this project. 165. Mylars of the landscape and irrigation plans shall be submitted on hanging tab to Landscape Services.
166. Maintenance Period. The Developer, or the Developer ’s successors or assignees shall be responsible for all parkway, traffic circle, open space and /or median landscape maintenance and utility costs, etc. for a period no less than one (1) year commencing from the time all items of work have been completed to the satisfaction of Landscape Services staff as per the City of Moreno Valley Public Works Department Landscape Design Guidelines, or until such time as the City accepts maintenance responsibilities.
167. Independent Utilities. Parkway, median, slope, traffic circle and/or open space 30 of 34

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landscape areas included within a special financing district are required to have independent utility systems, including but not limited to water, electric, and telephone services. An independent irrigation controller and pedestal will also be required. Combining utility systems with existing or future landscape areas that are not within the same CFD 2014-01 tax rate layers or funding program (e.g. NPDES) will not be permitted.
168. Landscape Inspection Fees. Inspection fees for the monitoring of landscape installation associated with the City of Moreno Valley maintained landscaping are due prior to the required pre-construction meeting. (MC 3.32.040) 169. Landscape Guidelines. Plans for parkway, median, slope, traffic circle, and /or open space landscape areas designated in the project's Conditions of Approval for incorporation into a City Coordinated landscape maintenance program, shall be prepared and submitted in accordance with the City of Moreno Valley Public Works Department Landscape Design Guidelines. The guidelines are available on the City's website at www .moval.org or from Landscape Services (951.413.3480 or [email protected]).
170. Landscape Plan Check Fees. Plan check fees for review of parkway /median, open space, and /or traffic circle landscape plans for improvements that shall be maintained by the City of Moreno Valley are due upon the first plan submittal. ( MC

3.32.040)
Transportation Engineering Division
171. Conditions of approval may be modified or added if a phasing plan is submitted for this development.
172. Project driveway approaches shall conform to City of Moreno Valley Standard Plans No. MVSI-111A-0 for residential driveway approaches.
173. Alessandro Boulevard is classified and shall be improved as a 4-Lane Divided Arterial (110'RW/86'CC) per City Standard Plan No. 103A-1 from the project's east boundary to 315-ft west of the project's west boundary. Any transitions, modifications or improvements undertaken by this project shall be consistent with the City's standards. The raised median on Alessandro Boulevard shall be constructed with a restricted left -turn opening per City Standard Plan No .

MVSI-145-0 to allow left-turns into the project.
174. Bay Avenue is classified and shall be improved to its ultimate section as a Collector (66'RW/44'CC) per City Standard Plan No. MVSI-106B-0 from the project's east boundary to 200-ft west of the project's west boundary. Full-width improvements shall be constructed along project frontage. Any modifications or improvements 31 of 34

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undertaken by this project shall be consistent with the City's standards. 175. Knuckles shall be designed and constructed per City Standard Plan No .

MVSI-162-0.
176. Cul-de-sacs shall be designed and constructed per City Standard Plan No .

MVSI-163A-0/MVSI-163B-0.
177. Street A shall be designed and improved as a Collector (66'RW/44'CC) per City Standard Plan No. MVSI-106B-0. Any improvements undertaken by this project shall be consistent with the City's standards.
178. Prior to issuance of a construction permit, construction traffic control plans prepared by a qualified, registered Civil or Traffic engineer shall be submitted for plan approval.
179. Prior to issuance of a Certificate of Occupancy, all approved street improvements shall be installed to the satisfaction of the City Engineer. 180. Prior to issuance of a Certificate of Occupancy, all approved signing and striping shall be installed per current City Standards.
181. Prior to the final approval of the street improvement plans, a signing and striping plan shall be prepared per City of Moreno Valley Standard Plans - Section 4 for all streets within the project area. Appropriate "end of the road" treatment shall be installed at the east terminus of Bay Avenue, as approved by the City Engineer .

Parking restrictions along Street A shall be shown on the signing and striping plan to provide adequate corner sight distance.
182. Prior to the final approval of the street improvement plans, the project applicant shall design the intersection of Alessandro Boulevard and Street A to provide the following geometrics:
- Northbound: N/A
- Southbound: One right-turn lane
- Eastbound: One left turn lane, one through lane
- Westbound: One through lane, one shared through/right-turn lane. 183. Prior to the final approval of the street improvement plans, the project applicant shall design the intersection of Bay Avenue and Street A to provide the following geometrics (at a minimum):
- Northbound: One left-turn lane
- Southbound: N/A
- Eastbound: One right-turn lane
- Westbound: N/A
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184. 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.
185. Interior streets (K to Q) shall be designed and improved as Local Streets (56'RW/36'CC) per City Standard Plan No. MVSI-107A-0. Any improvements undertaken by this project shall be consistent with the City's standards. 186. Prior to acceptance of streets into the City -maintained road system, all approved signing and striping shall be installed per current City Standards and the approved plans.

PARKS & COMMUNITY SERVICES DEPARTMENT
187. This project is subject to current Development Impact Fees. 188. This project is subject to current Quimby Fees.

Standard Conditions
189. Detailed final plans (mylars, PDF, and AutoCAD file on a DVD -R) 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.
190. Within the improvements for PCS, the applicant shall show all existing and planned 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.
191. 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.
192. Applicable plan check and inspection fees shall be paid, per the approved City fee schedule.
193. 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 33 of 34

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and Community Services or his /her designee, prior to the recordation of the Final Map.
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