CONDITIONS OF APPROVAL
Conditional Use Permit (PEN24-0154)
CITY OF MORENO VALLEY
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN24-0154)
EFFECTIVE DATE:
EXPIRATION DATE:
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
1. A change or modification to the land use or the approved site plans may require a separate approval. Prior to any change or modification, the property owner shall contact the City of Moreno Valley Community Development Department to determine if a separate approval is required.
2. In accordance with the Developer’s obligation to defend, indemnify and hold harmless the City, including but not limited to as set forth in more detail in the Project’s Conditions of Approval, Moreno Valley Municipal Code Section 9.02.310 (Indemnification of City for Discretionary Approvals ), and the Project application , Developer shall enter into an Advanced Funding Agreement with the City no later than ten (10) calendar days from Planning Commission’s approval of the Project . A copy of said Agreement is on file with the Community Development Director.
3. Any expansion to this use or exterior alterations will require the submittal of a separate application (s) and shall be reviewed and approved under separate permit(s), per the Municipal Code.
4. The developer, or the developer 's successor -in-interest, shall be responsible for maintaining any undeveloped portion of the site in a manner that provides for the control of weeds, erosion, and dust per the Municipal Code.
5. This approval shall expire 3 years after the approval date of this project unless used or extended as provided for by the City of Moreno Valley Municipal Code ; otherwise, it shall become null and void and of no effect whatsoever. " Use" means the beginning of substantial construction contemplated by this approval within the three-year period, which is thereafter pursued to completion, or the beginning of substantial utilization contemplated by this approval per the Municipal Code.
6. In the event the use hereby permitted by this Use Permit ceases operation for a period of one (1) year or more, or as defined in the current Municipal Code, this permit shall become null and void and of no effect whatsoever.
7. The Developer shall defend, indemnify and hold harmless the City, city council ,
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN24-0154)
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.
8. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash and debris per the Municipal Code.
9. The site shall be developed in accordance with the approved plans on file in the Community
Development Department - Planning Division, the Municipal Code regulations, General Plan, and the conditions contained herein. Prior to 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.
10. 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.
11. All site plans, grading plans, landscape and irrigation plans, fence/wall plans, lighting plans and street improvement plans shall be consistent with this approval.
Special Conditions
12. Prior to issuance of certificate of occupancy, the project shall construct a minimum 6 2 of 28
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foot high solid decorative block wall with pilasters and decorative cap on the property
lines adjacent to the existing residential development and residential zoned property.
13. 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).
14. The site has been approved for Conditional Use Permit (PEN24-0154) for a Public Self-Storage facility consisting of 1,134 Storage Units within a 130,764 s.f. 3-story building, and 52 RV parking spaces on an approximately 3-acre vacant parcel. The project is located east of Indian St., North of Alessandro Blvd. APN: 482-190-022. A change or modification shall require separate approval. For a Conditional Use Permit, violation may result in revocation of the Conditional Use Permit.
Prior to Grading Permit
15. At least thirty days prior to issuance of any grading permit, the developer shall retain a
qualified archaeologist, provide a letter identifying the name and qualifications of the archaeologist to the Planning Division for approval, to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources and to evaluate and recommend appropriate actions for any archaeological deposits exposed by construction activity.
At least thirty days prior to issuance of a grading permit, the applicant shall provide evidence that contact has been established with the appropriate Native American Tribe(s), providing notification of grading, excavation and the proposed monitoring program and to coordinate with the City and Tribe(s) to develop a cultural resources treatment and monitoring agreement. The agreement shall address treatment of known cultural resources, the designation, responsibilities and participation of Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site.
A report documenting the proposed methodology for grading monitoring shall be submitted to and approved by the Planning Division prior to issuance of any grading permit. The monitoring archaeologist shall be empowered to stop and redirect grading in the vicinity of an exposed archaeological deposit until that deposit can be 3 of 28
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fully evaluated. The archaeologist shall consult with affected Tribe(s) to evaluate any archaeological resources discovered on the project site. Tribal monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have authority to stop and redirect grading activities in consultation with the project archaeologist.
The property owner shall relinquish ownership to the Tribe(s) of all Native American cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project site for proper treatment and disposition. All sacred sites, should they be encountered with the project site, shall be avoided and preserved as the preferred mitigation.
If any inadvertent discoveries of subsurface archaeological or cultural resources occur during grading, the applicant, project archaeologist, and Tribe(s) shall assess the significance of such resources and shall meet and confer regarding mitigation of such resources. Avoidance is the preferred method of preservation of archaeological resources. If the applicant, project archaeologist and Tribe (s) cannot agree on the significance or mitigation for such resources, the issue(s) will be presented to the Planning Official with adequate documentation. The Official shall make a determination based on the provisions of CEQA and consideration of the religious beliefs, customs and practices of the Tribe(s).
16. Prior to the issuance of grading permits, decorative (e.g. colored/scored concrete or as approve by the Planning Official) pedestrian pathways across circulation aisles/paths shall be provided throughout the development to connect dwellings with open spaces and/or recreational uses or commercial/industrial buildings with open space and/or parking. and/or the public right-of-way. The pathways shall be shown on the precise grading plan. (GP Objective)
17. Prior to issuance of any grading permits, mitigation measures contained in the Mitigation
Monitoring Program approved with this project shall be implemented as provided therein. A mitigation monitoring fee, as provided by City ordinance, shall be paid by the applicant within 30 days of project approval, or prior to or at grading plans submittal. No City permit or approval shall be issued until such fee is paid. (CEQA)
18. Prior to issuance of grading permits, the developer shall pay the applicable Stephens
’ Kangaroo Rat (SKR) Habitat Conservation Plan mitigation fee. (Ord)
19. 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 4 of 28
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alternative measures to avoid, minimize or mitigate negative effects on the historic , prehistoric,
or paleontological resource. Determinations and recommendations by the consultant shall be immediately submitted to the Planning Division for consideration, and implemented as deemed appropriate by the Community Development Director, in consultation with the State Historic Preservation Officer (SHPO) and any and all affected Native American Tribes before any further work commences in the affected area. If human remains are discovered during grading and other construction excavation, no further disturbance shall occur until the County Coroner has made necessary findings as to origin. If the County Coroner determines that the remains are potentially Native American, the California Native American Heritage Commission shall be notified within 5 days of the published finding to be given a reasonable opportunity to identify the “most likely descendant .” The “most likely descendant” shall then make recommendations, and engage in consultations concerning the treatment of the remains (California Public Resources Code 5097.98). (GP Objective, CEQA).
20. Prior to issuance of any grading permits, plans for any security gate system shall be submitted to and approved by to the Planning Division.
21. Prior to the issuance of grading permits, the site plan and grading plans shall show decorative
hardscape (e.g. colored concrete, stamped concrete, pavers or as approved by the Planning Official) consistent and compatible with the design, color and materials of the proposed development for all driveway ingress/egress locations of the project. The pathways shall be shown on the precise grading plan.
22. Prior to issuance of grading permits, the developer shall submit wall/fence plans to the Building and Safety Division for review and approval by the Planning Division as follows: A. A maximum 6-foot high solid decorative block perimeter wall with pilasters and a cap shall be required adjacent to all residential zoned areas. B. 3-foot high decorative wall, solid hedge, or berm shall be placed in any setback areas between a public right of way and a parking lot for screening. C. Any proposed retaining walls shall also be decorative in nature, while the combination of retaining and other walls on top shall not exceed the height requirement. D.
Proposed decorative screen walls and fences for the RV Parking areas shall be a height that fully screens the RV Parking areas. E. Walls and fences for visual screening are required when there are adjacent residential uses or residentially zone property. The height, placement, and design will be based on a site-specific review of the project. All walls are subject to the approval of the Planning Official. (MC)
23. Prior to the issuance of grading permits, a temporary project identification sign shall be
erected on the site in a secure and visible manner. The sign shall be conspicuously posted at the site and remain in place until occupancy of the project .
The sign shall include the following:
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a. The name (if applicable) and address of the development. b.
The developer’s name, address, and a 24-hour emergency telephone number.
24. Prior to issuance of grading permits, the location of the trash enclosure shall be included on the plans.
25. Prior to issuance of any building permit, all Conditions of Approval and Mitigation Measures shall be printed on the building plans.
26. Prior to the issuance of building permits, proposed covered trash enclosures shall be
included in the Planning review of the Fence and Wall plan or separate Planning submittal. The trash enclosure(s), including the roof materials, shall be compatible with the architecture, color, and materials of the building(s) design. Trash enclosure areas shall include landscaping on three sides. Approved design plans shall be included in a Building submittal (Fence and Wall or building design plans). (GP Objective).
27. Prior to the issuance of a building permit, unless required differently by local, state or
federal law, the developer/owner or developer's/owner’s successor-in-interest shall pay all applicable impact or mitigation fees, including but not limited to Multi-species Habitat Conservation Plan (MSHCP) mitigation fees, Stephens’ Kangaroo Rat (SKR) Habitat Conservation Plan mitigation fee, Transportation Uniform Mitigation fees (TUMF), and the City’s adopted Development Impact Fees. (Ord)
28. Prior to issuance of any building permits, final landscaping and irrigation plans shall be
submitted for review and approved by the Planning Division. After the third plan check review for landscape plans, an additional plan check fee shall apply. The plans shall be prepared in accordance with the City's Landscape Requirements and shall include:
a. A three (3) foot high decorative wall, solid hedge or berm shall be placed in any setback areas between a public right of way and a parking lot for screening. b. Finger and end planters with required step outs and curbing shall be provided every 12 parking stalls as well as at the terminus of each aisle. c. Drought tolerant landscape shall be used. Sod shall be limited to gathering areas. (or No sod shall be installed)
d. Street trees shall be provided every 40 feet on center. e. On-site trees shall be planted at an equivalent of one (1) tree per thirty (30) linear feet of the perimeter of a parking lot and per thirty linear feet of a building dimension for the portions of the building visible from a parking lot or right of way .
Trees may be massed for pleasing aesthetic effects.
f. Enhanced landscaping shall be provided at all driveway entries and street corner locations The review of all utility boxes, transformers etc. shall be 6 of 28
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coordinated to provide adequate screening from public view. g. Landscaping on three sides of any trash enclosure.
29. Prior to issuance of building permits, the Planning Division shall review and approve the
location and method of enclosure or screening of transformer cabinets, commercial gas meters and back flow preventers as shown on the final working drawings. Location and screening shall comply with the following criteria:
transformer cabinets and commercial gas meters shall not be located within required setbacks and shall be screened from public view either by architectural treatment or landscaping; multiple electrical meters shall be fully enclosed and incorporated into the overall architectural design of the building(s); back-flow preventers shall be screened by landscaping. (GP Objective 43.30)
30. Prior to issuance of building permits, for projects that will be phased, a phasing plan shall
be submitted to and approved by the Planning Division if occupancy is proposed to be phased.
31. Prior to issuance of Building permit, the elevation plans shall include decorative lighting
sconces on all sides of the buildings of the complex facing a parking lot , courtyard or plaza, or public right of way or open space to provide up-lighting and shadowing on the structures. Include drawings of the sconce details for each building within the elevation plans.
32. Prior to issuance of building permit, detailed, on-site, computer generated, point-by-point comparison lighting plan, including exterior building, parking lot, and landscaping lighting, shall be included in the Building Plans for review by the Planning Division. The lighting plan shall be generated on the plot plan and shall be integrated with the final landscape plan. The plan shall indicate the manufacturer's specifications for light fixtures used, shall include style, illumination, location, height and method of shielding per the City’s Municipal Code requirements. After the third plan check review for lighting plans, an additional plan check fee will apply (Ord).
33. Prior to issuance of building permits, screening details shall be addressed on the building
plans for roof top equipment submitted for Planning Division review and approval through the building plan check process. All equipment shall be completely screened so as not to be visible from public view, and the screening shall be an integral part of the building.
34. Prior to the issuance of building permits, the developer shall provide documentation that
U.S. Postal Service to determined the appropriate type and location of mailboxes.
Prior to Building Final or Occupancy
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35. Prior to building final, all required landscaping and irrigation shall be installed per plan,
certified by the Landscape Architect and inspected by the Planning Division. (MC 9.03.040, MC 9.17).
36. Prior to building final, Planning approved/stamped landscape plans shall be provided to the Community Development Department – Planning Division on an electronic file.
37. Prior to building final, all required and proposed fences and walls shall be constructed
according to the approved plans on file in the Planning Division per the Municipal Code.
Building & Safety Division
38. The proposed non-residential project shall comply with the latest Federal Law, Americans with Disabilities Act, and State Law, California Code of Regulations, Title 24, Chapter 11B for accessibility standards for the disabled including access to the site, exits, bathrooms, workspaces, trash enclosures, etc.
39. The appropriation from local tax from construction contracts to the local jurisdiction of
the specific construction job site is hereby required. This is accomplished by a contractor or subcontractor obtaining a construction site sub-permit for the job site.
The contractors, or subcontracts, that have individual contracts with a value of $5 million or more are subject to this condition.
The qualifying contract price applies to each contract or subcontract for work performed at the jobsite, and not to the total value of the prime contract. In order to obtain a jobsite sub-permit, the contractor or subcontractor must meet the following criteria:
a) have an active permit with the California Department of Tax and Fee Administration (CDTFA),
b) must be registered as a retailer, not consumer, of materials, and c) have an executed contract over $5 million to install materials at the jobsite.
The Prime Contractor will require that the subcontractors or other contractors exercise their option to obtain a California Department of Tax & Fee Administration construction site sub-permit for the jobsite and allocate all eligible use tax payments to the City of Moreno Valley. Prior to any Notice to Proceed(s), the Prime Contractor shall provide the City of Moreno Valley Finance and Management Services Department with a list of subcontractors associated with the project along with a copy of their sub-permit that shows their CDTFA account number or a signed statement that sales and use tax does not apply to their portion of the project.
40. 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, 8 of 28
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occupancy separations, fire suppression systems, accessibility, etc.
41. Any construction within the city shall only be completed between the hours of seven a.m.
to seven p.m. Monday through Friday, excluding holidays, and from eight a.m. to four p.m. on Saturday, unless written approval is first obtained from the Building Official or City Engineer per City of Moreno Valley Municipal Code (MC 8.14.040E).
42. Prior to the issuance of a building permit, unless required differently by local, state or
federal law, the developer/owner or developer's/owner’s successor-in-interest shall pay all applicable impact or mitigation fees, including but not limited to Multi-species Habitat Conservation Plan (MSHCP) mitigation fees, Stephens’ Kangaroo Rat (SKR) Habitat Conservation Plan mitigation fee, Transportation Uniform Mitigation fees (TUMF), and the City’s adopted Development Impact Fees. (Ord)
43. The proposed non-residential project shall comply with California Green Building Standards Code, Section 5.106.5.3, mandatory requirements for Electric Vehicle Charging Stations (EVCS).
44. The proposed project is subject to approval by the Moreno Valley Unified School District
and all applicable fees and charges shall be paid prior to permit issuance .
Contact MVUSD at 951.571.7500 Ext. 17376 for specific details.
45. Prior to plan check submittal, all new development, including residential accessory dwelling
units (ADU's) are required to obtain a new property address. Address requests must be part of your initial application. The form can be obtained at the f o l l o w i n g l i n k
http://www.moval.org/city_hall/forms/building-safety/AddressRequest.pdf
46. The proposed project’s occupancy shall be classified by the Building Official and must
comply with exiting, occupancy separation(s) and minimum plumbing fixture requirements. Minimum plumbing fixtures shall be provided per the California Plumbing Code, Table 422.1. The occupant load and occupancy classification shall be determined in accordance with the California Building Code.
47. Plans for onsite water & sewer shall be submitted to the Building & Safety Division for review/approval.
48. Building plans submitted shall be signed and sealed by a California licensed design professional
as required by the State Business and Professions Code.
Electronic/Digital signature is acceptable as all plan submittals are electronic reviews.
49. Contact the Building Safety Division for permit application submittal requirements.
The
following link gives the minimum plan submittal requirements:
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http://www.moval.org/city_hall/forms/building-safety/CommercialSubmittalRequirem ents.pdf.
50. 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.
Contact the Solid Waste & Recycling Program at [email protected]. (MC
8.80.030).
51. The proposed project is subject to approval by the Eastern Municipal Water District and
all applicable fees and charges shall be paid prior to permit issuance. Contact EMWD at 951.928.3777, ext. 2081 for specific details.
FIRE DEPARTMENT
Fire Prevention Bureau
52. The appropriation from local tax from construction contracts to the local jurisdiction of
the specific construction job site is hereby required. This is accomplished by a contractor or subcontractor obtaining a construction site sub-permit for the job site.
The contractors, or subcontracts, that have individual contracts with a value of $5 million or more are subject to this condition.
The qualifying contract price applies to each contract or subcontract for work performed at the jobsite, and not to the total value of the prime contract. In order to obtain a jobsite sub-permit, the contractor or subcontractor must meet the following criteria:
a) have an active permit with the California Department of Tax and Fee 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.
53. After the local water purveyor/company signs public improvement water system plans, the off-site water plans shall be submitted to the Fire Prevention Bureau for review and approval. Plans for private fire service mains supplying fire sprinkler systems and/or private fire hydrants shall be submitted to the Fire Prevention Bureau for approval. The minimum number of fire hydrants required, as well as the 10 of 28
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1 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 100’ feet of the fire department connection for buildings protected with a required water based fire protection system. The size and number of outlets required for the approved fire hydrants are (6” x 4” x 2 ½” x 2 ½”) The required public and private fire service main, shall be installed, made serviceable, and be accepted by the Moreno Valley Fire Department prior to beginning construction. (CFC 105, 507, 3313, Appendix C, NFPA 24, and RVC Fire Dept. Water Supply Standard)
54. Prior to the issuance of a building permit, unless required differently by local, state or
federal law, the developer/owner or developer's/owner’s successor-in-interest shall pay all applicable impact or mitigation fees, including but not limited to Multi-species Habitat Conservation Plan (MSHCP) mitigation fees, Stephens’ Kangaroo Rat (SKR) Habitat Conservation Plan mitigation fee, Transportation Uniform Mitigation fees (TUMF), and the City’s adopted Development Impact Fees. (Ord)
55. Projects that do not meet the exceptions set forth by the Fire Department shall provide
plans for an emergency responder radio coverage system. Inspection of and function testing of the site-specific impacts to the regional Emergency Responder Radio Communication System without repeater installations, is required at a time in the development that all walls, floors, roofs, and un-stocked fixtures are installed during construction. The results of the testing shall determine if there are critical impacts to the regional radio system and the need for any mitigations within a specified timeline of the development completion. (CFC 510)
56. 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), Moreno Valley Municipal Code, and related codes, which are in effect at the time of building plan submittal. Once all fire related permits have been approved, a fire final inspection shall be conducted prior to the building’s occupancy. (CFC 105.3.3 and 106.2)
57. The Fire Department emergency vehicular access road shall be (all weather surface) capable of sustaining an imposed load of 80,000 lbs. GVW, have an unobstructed width of not less than twenty–four (24) feet. For structures 30 feet in height or greater, aerial fire apparatus deployment areas shall be provided at a minimum of two (2) sides of each structure by providing fire access road(s) to be a minimum of 34’ in width. An unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches shall be provided through fire apparatus access road.
Turning radius for fire access roads shall be a minimum of 24’ inside dimension with a 45’ outside turning dimension. Fire Department access roads or driveways shall not exceed 12 percent grade. The angle of approach and departure for any means 11 of 28
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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 City of Moreno Valley. Fire Department access driveways that are required to be over 150 feet in length shall be provided with a turn-around as determined by the Fire Prevention Bureau capable of accommodating fire apparatus. 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 only when necessary. 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 503, CFC 501.4 and MVMC 8.36.030)
58. Prior to issuance of Certificate of Occupancy or Building Final, the applicant/developer
shall install a fire alarm system or a fire alarm control unit monitored by an approved Underwriters Laboratory listed central station based on a requirement for monitoring the sprinkler system, occupancy or use. Fire alarm control unit shall be accessible from exterior of building in an approved location .
Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC 907)
59. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction
of all commercial and residential buildings per CFC Appendix B and Table B105.1(2), Table B105.1(1), and Table B105.2. The applicant/developer shall provide documentation to demonstrate the local water system is capable of delivering said water-flow for the required 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 and MVMC
8.36.060)
60. Prior to issuance of Building Permits, the applicant/developer shall participate in the Fire Impact Mitigation Program. (Fee Resolution as adopted by City Council)
61. The Fire Prevention Bureau is authorized to enforce the fire safety requirements during
construction set forth in Chapter 33 of the California Fire Code. The project’s fire department access and water supplies shall be in place prior to the issuance of any building permits. (CFC Chapter 33 and CBC Chapter 33)
62. If construction is phased, a phasing plan shall be reviewed and approved by the Fire Prevention
Bureau and the City of Moreno Valley. During phased construction, dead end fire department access roadways and streets exceeding 150’ in length shall have a turn-around capable of accommodating fire apparatus. Each phase shall be provided with an approved emergency vehicular access way and water supplies for fire protection prior to any building construction. Construction gates installed for 12 of 28
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security shall have approved fire department access locks installed prior to approval.
Temporary fire access roads shall be approved by the Fire Prevention Bureau only when necessary. (CFC 106.2.4.1, 501.4, 503.1 and 503.2.5)
63. Prior to issuance of Certificate of Occupancy or Building Final, the applicant/developer
shall install a fire sprinkler system based on square footage and type of construction, occupancy or use. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC 903 and MVMC 8.36.030)
64. All gates installed along fire department access roads shall be electronically operated
(unless otherwise approved by the Fire Code Official) and be provided with Knox key switches and pre-emptive automatic sensor(s) for fire access. These gates shall be provided with access to gate equipment or another method to open the gate if there is a power failure. Gates and barriers shall be located a minimum of 46 feet from any major street. (CFC 503 and RVC Fire Access Guideline)
65. Prior to issuance of a Certificate of Occupancy or Building Final, a “Knox Box Rapid Entry
System” shall be provided. The Knox-Box shall be installed in an accessible location approved by the Fire Code Official. All exterior security emergency access gates shall be electronically operated and be provided with Knox key switches for access by emergency personnel. (CFC 506.1)
66. All buildings shall be provided with premises identification in accordance with the Riverside
County Fire Department Access Standards shall be in place 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 an approved size, in contrasting color and properly illuminated (internally/externally.) For Multi-Family Dwelling Projects and Buildings that are set back from the primary roads more than 150 feet or otherwise not visible from the public road shall be provided with an address monument to display the address in accordance with the Riverside County Fire Department Access Standards. All residential dwellings shall display street numbers in a prominent location on the street side of the residence in such a position that the numbers are easily visible to approaching emergency vehicles. The numbers shall be located consistently on each dwelling throughout the development. The numerals shall be no less than four (4) inches in height and shall be low voltage lighted fixtures. (CFC 505.1 and RVC Fire Access Standards)
67. Where new water mains are extended along streets where hydrants are not needed for
protection of structures or similar fire problems, serving single family residential or commercial developments, standard fire hydrants shall be provided at spacing not to exceed 1000 feet along the tract boundary for transportation hazards. Where streets are provided with median dividers that cannot be crossed by fire fighters 13 of 28
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pulling hose lines, or where arterial streets are provided with four or more traffic lanes
and have a traffic count of more than 30,000 vehicles per day, hydrant spacing shall average 500 feet on each side of the street and be arranged on an alternating basis. Fire hydrants shall also be provided at street intersections. Any proposed sewer and water improvements shall be routed to the Fire Prevention Bureau for review and approval. (CFC 507.3, Appendix B, MVMC 8.36.060).
FINANCIAL & MANAGEMENT SE RVICES DEPARTMENT
Special Districts Division
68. 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].
69. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee, form an association or fund an endowment) to provide an ongoing funding source for Street Lighting Services for capital improvements, energy charges, and maintenance. This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful annexation into a special financing district. Annexation into a special financing district requires an annual payment of the 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 City Council review to consider annexation into the district, the qualified elector(s) will not protest the annexation but reserves the right to contest any future taxes that seem unfair, particularly if the financial impact of the tax is not in line with the benefits the property gains from the improvements to be installed and/or maintained or services provided. In compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, the special election process must be completed within a maximum of 90 days.
Alternatively, the condition can be satisfied by the developer forming a property owner association that will be responsible for the improvements and any and all operation and maintenance costs for the improvements or by funding an endowment in an amount sufficient to yield an annual revenue stream that meets the annual obligation, as calculated by Special Districts Admin staff. The developer may contact SD Admin at 951.413.3470 or at [email protected] to satisfy this 14 of 28
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condition.
70. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or fund an endowment) to provide an ongoing funding source for the continued maintenance, enhancement, and/or retrofit of parks, open spaces, linear parks, and/or trail systems. This requirement must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This requirement will be satisfied with the successful annexation (i.e. special election process) into a special financing district. Annexation into the 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 City Council review to consider annexation into the district, the qualified elector(s) will not protest the annexation, but reserves the right to contest any future taxes that seem unfair, particularly if the financial impact of the tax is not in line with the benefits the property gains from the improvements to be installed and/or maintained or services provided. In compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, the special election process must be completed within a maximum of 90 days. Alternatively, the requirement 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 requirement.
71. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or fund an endowment) to provide an ongoing funding source for Public Safety operational services including but not limited to: Police Protection, Fire Protection & Suppression, Emergency Medical Response and Paramedic Services. This requirement must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This requirement will be satisfied with the successful annexation (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 City Council meeting to consider annexation into the district, the qualified elector(s) will not protest the annexation, but reserves the right to contest any future taxes that seem unfair, particularly if the financial impact of the tax is not in line with the benefits the property gains from the improvements to be installed and/or maintained or services provided. In compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, the special election process must be completed within a maximum of 90 days.
Alternatively, the requirement can be satisfied by the developer funding an 15 of 28
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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 requirement.
72. Prior to applying for the 1st Building Permit, the qualified elector (e.g. property owner) must initiate the process (i.e. pay the annexation fee or use the alternative identified at the time of the special financing district formation) to provide an ongoing funding source for the construction and maintenance of major infrastructure improvements, which may include but is not limited to thoroughfares, bridges, and certain flood control improvements. This condition will be applicable provided said district is under development at the time this project applies for the 1st Building Permit. This condition must be fully satisfied prior to issuance of the 1st Certificate of Occupancy. This condition will be satisfied with the successful annexation/formation (i.e. special election process) into a special financing district and payment of all costs associated with the special election process. Annexation into a special financing district requires an annual payment of the 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 City Council review to consider annexation into or formation of the district, the qualified elector(s) will not protest the annexation or formation, but reserves the right to contest any future taxes that seem unfair, particularly if the financial impact of the tax is not in line with the benefits the property gains from the improvements to be installed and/or maintained or services provided. In compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, the special election process must be completed within a maximum of 90 days. An alternative to satisfying this condition will be identified at such time as a special financing district has been established. The developer may contact SD Admin at 951.413.3470 or at [email protected].
73. 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 formation 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 City Council review to consider annexation into or formation of the district, the qualified 16 of 28
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elector(s) will not protest the annexation or formation, but reserves the right to contest any future taxes that seem unfair, particularly if the financial impact of the tax is not in line with the benefits the property gains from the improvements to be installed and/or maintained or services provided. In compliance with the provisions of Article 13C of the California Constitution, Proposition 218, or other applicable legislation, the special election process must be completed within a maximum of 90 days. An alternative to satisfying this funding source will be identified at such time as a special financing district has been established. The developer may contact SD Admin at 951.413.3470 or at [email protected].
74. 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.
PUBLIC WORKS DEPARTMENT
Land Development
75. Execution of a Public Improvement Agreement (PIA) and/or security (in the form of a cash deposit or other approved means) may be required as determined by the City Engineer. [Municipal Code]
76. 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.
77. An approved tra ffic control plan required prior to permit issuance.
78. Any work performed within public right-of-way requires an encroachment permit.
79. 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.
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80. 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, also referred to as the Subdivision Map Act (SMA) per the Municipal Code.
81. 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.
82. The developer shall monitor, supervise and control all construction related activities , so
as to prevent these activities from causing a public nuisance, including but not limited to, insuring strict adherence to the following:
(a) Removal of dirt, debris, or other construction material deposited on any public street no later than the end of each working day.
(b) Observance of working hours as stipulated on permits issued by the Land Development Division.
(c) The construction site shall accommodate the parking of all motor vehicles used by persons working at or providing deliveries to the site. (d) All dust control measures per South Coast Air Quality Management District (SCAQMD) requirements during the grading operations.
Violation of any condition, restriction or prohibition set forth in these conditions shall subject the owner, applicant, developer or contractor(s) to remedy as noted in the City Municipal Code. 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.
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 18 of 28
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Department of Tax & Fee Administration construction site sub-permit for the jobsite and allocate all eligible use tax payments to the City of Moreno Valley. Prior to any Notice to Proceed(s), the Prime Contractor will require that the subcontractor or other contractors provide the City of Moreno Valley with either a copy of their sub-permit that shows their CDTFA account number or a signed statement that sales and use tax does not apply to their portion of the project. The Prime Contractor will provide the City with a list of subcontractors associated with the project.
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 acquisition. [Government Code]
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. [Municipal Code]
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 . [Municipal Code]
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. A storm drain manhole shall be placed at the right-of-way line to mark the beginning of the publicly maintained portion of this storm drain.
88. This project shall submit civil engineering 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 first submittal consists of, but is not limited to, the following: a) Final drainage study (prior to grading plan approval); b) Final 19 of 28
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WQMP (prior to grading plan approval); c) Rough grading w/ erosion control plan (prior to grading permit issuance); d) Precise grading w/ erosion control plan (prior to building permit issuance); e) Water or Water/Sewer plan (prior to building permit issuance); f) Improvement plans (street, storm drain, traffic signal, signing and striping) (prior to building permit issuance); g) As-Built revision for Rough grading plan (prior to building permit issuance); h) All other As-Built revision plans (prior to Occupancy release).
89. Water quality best management practices (BMPs) designed to meet Water Quality Management Plan (WQMP) requirements for development shall not be used as a construction BMP. Water quality BMPs shall be maintained for the entire duration of the project construction and be used to treat runoff from those developed portions of the project. Water quality BMPs shall be protected from upstream construction related runoff by having proper best management practices in place and maintained. Water quality BMPs shall be graded per the approved design plans and once landscaping and irrigation has been installed, it and its maintenance shall be turned over to an established Property Owner’s Association (POA).
Prior to Grading Plan Approval
90. A final detailed drainage study (prepared by a registered/licensed civil engineer) shall be submitted for review and approved by the City Engineer. The study shall include, but not be limited to: existing and proposed hydrologic conditions as well as hydraulic calculations for all drainage control devices and storm drain lines. The study shall analyze 1, 3, 6 and 24-hour duration events for the 2, 5, 10 and 100-year storm events per the Municipal Code.
91. Emergency overflow areas shall be shown at all applicable drainage improvement locations in the event that the drainage improvement fails or exceeds full capacity.
92. The final project-specific Water Quality Management Plan (WQMP) shall be consistent with the approved P-WQMP, as well as in full conformance with the document: “Water Quality Management Plan - A Guidance Document for the Santa Ana Region of Riverside County” dated October 22, 2012. The F-WQMP shall be submitted and approved prior to application for and issuance of grading permits. At a minimum, the F-WQMP shall include the following: Site Design BMPs; Source Control BMPs, Treatment Control BMPs, Operation and Maintenance requirements for BMPs and sources of funding for BMP implementation. Please note a) 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 if exemptions do not apply; c) All proposed LID BMP’s shall be designed in accordance with the RCFC&WCD’s 20 of 28
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Design Handbook for Low Impact Development Best Management Practices, dated September
2011; d) The proposed LID BMP’s as identified in the project-specific P-WQMP shall be incorporated into the Final WQMP; e) The NPDES notes per City Standard Drawing No. MVFE-350-0 shall be included in the grading plans; f) Post-construction treatment control BMPs, once placed into operation for post-construction water quality control, shall not be used to treat runoff from construction sites or unstabilized areas of the site; g) Prior to precise grading plan approval, the grading plan shall show any proposed trash enclosure to include a cover (roof) and sufficient size for dual bin (1 for trash and 1 for recyclables). The architecture shall be approved by the Planning Division and any structural approvals shall be made by the Building & Safety Division.
93. The developer shall ensure compliance with the City Grading ordinance, these Conditions of
Approval and the following criteria:
a. The project street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area and outlet points. Unless otherwise approved by the City Engineer, lot lines shall be located at the top of slopes.
b. Any grading that creates cut or fill slopes adjacent to the street shall provide erosion control, sight distance control, and slope easements as approved by the City Engineer.
c. All improvement plans are substantially complete and appropriate clearance letters are provided to the City.
d. A soils/geotechnical report (addressing the soil’s stability and geological conditions of the site) shall be submitted to the Land Development Division for review. A digital (pdf) copy of the soils/geotechnical report shall be submitted to the Land Development Division.
94. 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.
95. 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.
96. 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.
97. 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 21 of 28
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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
98. A receipt showing payment of the Area Drainage Plan (ADP) fee to Riverside County Flood Control and Water Conservation District shall be submitted. [Municipal Code]
99. A valid City business license for all contractors and subcontractors are required (at least receipt showing payment).
100. A copy of the Covenants, Conditions and Restrictions (CC&Rs) shall be submitted for review by the City Engineer. The CC&Rs shall include, but not be limited to, access easements, reciprocal access, private and/or public utility easements as may be relevant to the project.
101. 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. 102. 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. [Municipal Code]
103. 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. [Municipal Code]
104. An active SWPP P and WDID required prior to permit issuance. 105. 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. [Municipal Code and Ordinance]
Prior to Improvement Plan Approval
106. The developer is required to bring any existing access ramps adjacent to and fronting the project to current ADA (Americans with Disabilities Act) requirements. 22 of 28
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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. 107. The developer shall submit clearances from all applicable agencies. 108. The street improvement plans shall comply with current City policies, plans and applicable City standards (i.e. MVSI-160 series, etc.) throughout this project. 109. Any missing or deficient existing improvements along the project frontage within Indian
Street shall be constructed or secured for construction. The City Engineer may require the ultimate structural section for pavement to half-street width plus 18 feet or provide core test results confirming that existing pavement section is per current City Standards; additional signing & striping to accommodate increased traffic imposed by the development, etc.
110. 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.
111. All street dedications shall be free of encumbrances, irrevocably offered to the public
and shall continue in force until the City accepts or abandons such offers , unless otherwise approved by the City Engineer.
112. 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.
113. 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.
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Prior to Building Permit
114. 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.
115. For Commercial/Industrial projects, the owner may have to secure coverage under the State’s General Industrial Activities Storm Water Permit as issued by the State Water Resources Control Board.
116. All street dedications shall be free of encumbrances, irrevocably offered to the public
and shall continue in force until the City accepts or abandons such offers , unless otherwise approved by the City Engineer.
117. 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.
118. 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.
Prior to Occupancy
119. 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.
120. The final/precise grade certification shall be submitted for review and approved by the City Engineer.
121. The developer shall complete all public improvements in conformance with current City
standards, including but not limited to the following: a. Applicable Street improvements including, but not limited to: pavement, base, curb and/or gutter, cross gutters, spandrel, sidewalks, drive approaches, pedestrian ramps, street lights, signing, striping, under sidewalk drains, landscaping and irrigation, medians, 24 of 28
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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 per the Municipal Code. f. Relocation of overhead electrical utility lines including, but not limited to: electrical, cable and telephone. 122. Punch list work for improvements shall be completed and approved for acceptance by the City Engineer.
123. As applicable, a "Stormwater Treatment Device and Control Measure Access and Maintenance Covenant" 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. 124. 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.
125. 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.
Moreno Valley Utility
126. This project shall coordinate and receive approval from the City Engineer to install , construct, improve, and dedicate to Moreno Valley Utility electric streetlight 25 of 28
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improvements consisting of streetlight poles, mast-arms, fixtures conduit, wiring, terminations and pull boxes to serve the identified development and other adjoining , abutting, or benefiting projects as determined by the Land Development Department along with any appurtenant real property easements, as determined by the City Engineer to be necessary for the distribution and/or delivery of any and all “street light services” to and within the project.
127. 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 purposes of meter reading, installation, operation, maintenance, and repairs of its electrical facilities.
128. 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, switches, conductors, transformers, and facilities required to serve the identified development and other adjoining, abutting, or benefiting projects as determined by Moreno Valley Utility – 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, including electric, cable television , telecommunication (including video, voice, and data) and other similar services designated by the City Engineer.
The City, or the City’s designee, shall use 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 . 129. 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 26 of 28
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in conflict with any developer planned construction on the project site. 130. 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. 131. 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. 132. This project is subject to a Reimbursement Agreement. The Developer is responsible
for a proportionate share of costs associated with electrical distribution infrastructure previously installed that directly benefits the project. 133. If this project will include the installation and interconnection of any generating or energy
storage equipment, this project shall submit an application, coordinate and receive approval from the Moreno Valley Electric Utility. For the most recent application requirements and for submitting interconnection applications, email m v u s o l a r @ m o v a l . o r g o r g o t o o u r w e b s i t e a t https://www.moval.org/mvu/solar-prog.html. All interconnection applications shall be submitted to the Moreno Valley Electric Utility by email to [email protected].
Transportation Engineering Division
134. The gated entrance shall be provided with the following:
- A storage lane with sufficient queueing length for entering traffic as shown on the approved site plan.
- Signing and Striping
PARKS & COMMUNIT Y SERVICES DEPARTMENT
135. Prior to the issuance of a building permit, unless required differently by local, state or federal law, the developer/owner or developer's/owner’s successor-in-interest shall pay all applicable impact or mitigation fees, including but not limited to Multi-species Habitat Conservation Plan (MSHCP) mitigation fees, Stephens’ Kangaroo Rat (SKR) Habitat Conservation Plan mitigation fee, Transportation 27 of 28
CONDITIONS OF APPROVAL
Conditional Use Permit (PEN24-0154)
Uniform Mitigation fees (TUMF), and the City’s adopted Development Impact Fees. (Ord)
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