4. Schedule the second reading and adoption of Ordinance Nos. ___, and ___ for the next regular Council meeting.
SUMMARY
This Municipal Code Amendment revises various sections of Title 1 (General Provisions) and Title 9 (Planning and Zoning), generally relating to the following areas:
1. Streamlining Code requirements - These updates include revisions to provide flexibility and clarity regarding existing requirements and to streamline certain processes.
2. Adds civil penalty for unpermitted commercial cannabis activity.
3. Updates to comply with new State Law and Housing and Community Development (HCD) requirements.
4. Other minor clarifications and clean-up items.
PROJECT DESCRIPTION
The discussion of the sections below corresponds to the order of the text amendments set forth in the attached proposed ordinance.
Section 1.10.085 Civil Fines – Illegal Cannabis Operations.
This proposed section adds a new civil fine of $30,000 per day for unpermitted commercial cannabis activity, as defined by the California Department of Cannabis Control (DCC), operating within the City of Moreno Valley. This increased fine amount is necessary to deter illegal commercial cannabis operations because the nature of the business is such that large amounts of cash can be made in a short time and illegal operators can disappear from the City relatively quickly. This makes the smaller fine amounts merely a cost of doing business for some people. Without effective deterrence, illegal commercial cannabis operations can cause significant harm to the community and cost the City disproportionate amounts in enforcement efforts. Staff notes that Los Angeles County has adopted the same fine amount for illegal commercial cannabis operations there based on similar experience.
Section 9.13.040 Map designation.
This section is being repealed to allow for Specific Plans to be adopted independently of a Change of Zone application. A Change of Zone application is currently required to add the Specific Plan designation on the City’s Official Zoning Map.
Section 9.13.080 Adoption/amendment procedure.
This section is being modified to allow for Specific Plans to be adopted by a Resolution rather than an Ordinance, in accordance with applicable law. This does not preclude the F.2
Packet Pg. 3391
City from adopting a Specific Plan by Ordinance if desired by the City for a specific purpose.
Section 9.14.240 Parcel Maps for Urban Lot Splits
Under State Senate Bill 9, the City may adopt an ordinance that establishes provisions for processing Parcel Maps for urban lot splits. This new section allows for the ministerial approval of Urban lot splits if they meet the applicable requirements of Section 9.09.300 (SB 9 Two-Unit Residential Developments), Chapter 9.14 (Land Divisions), and the Subdivision Map Act.
Section 9.16.150 Commercial (retail, office, mixed use).
This section is being modified to require a rooftop amenity for hotels four or more stories in height. The current provisions require a rooftop amenity for hotels over four stories.
Section 9.02.140 Large family day care.
This section is being modified and renamed “Small and Large Family Day Care Home Standards in Residential Dwelling Units” in compliance with California State Law, Senate Bill 234, to allow for both small and large family day care facilities by right in residential dwelling units.
Section 9.02.320 Reasonable accommodation procedures.
This section is being modified in compliance with the requirements of HCD associated with the City’s Housing Element. The modifications include minor changes in definitions and the removal of consideration factors including but not limited to neighborhood character and substantial increases in traffic.
Section 9.09.300 SB9 Two-Unit Residential Developments.
Under State Senate Bill 9, the City may adopt an ordinance that establishes provisions for the processing Two-Unit Residential Developments in all single-family residential zones. The approval of these residential developments per State law must be ministerial actions, meaning that if a proposal meets all of the development standards set forth in the Municipal Code, the City must approve them without Planning Commission or City Council review.
Permitted Uses Table 9.02.020-1
The Permitted Uses Table is being modified to add Supportive and Transitional Housing as a permitted use in various zones throughout the City in compliance with the requirements of HCD associated with the City’s Housing Element.
Permitted Uses Table 9.02.020-2 Mixed Use Zones
The Permitted Uses Mixed Use Zones Table is being modified to add Supportive and Transitional Housing as a permitted use in various zones throughout the City in F.2
Packet Pg. 3392
compliance with the requirements of HCD associated with the City’s Housing Element.
Additionally, the table is modified to include hotel uses within the Highway Office/Commercial (H/OC) District.
Section 9.09.310 Supportive and Transitional Housing.
This section is being modified in compliance with the requirements of HCD associated with the City’s Housing Element. This section establishes definitions for Supportive and Transitional Housing. Furthermore, it clarifies that the review process shall be the same as that of Single and Multiple-family housing.
ENVIRONMENTAL
The Proposed Municipal Code Amendments, Titles 1 and 9, (PEN22-0087) does not constitute a “project” pursuant to Section 15378 of the California Environmental Quality Act, in that a “project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, but does not include organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment such as the adoption of the proposed amendments to Titles 1 and 9, described herein. Additionally, pursuant to Government Code Section 65852.21, an ordinance adopted to implement Government Code Section 65852.21 (as enacted by SB 9) shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
NOTIFICATION
The Proposed Municipal Code Amendments (PEN22-0087) is City-wide in scope. As such, the public hearing notice for the proposed Municipal Code Amendments was published in the Press-Enterprise newspaper on June 10, 2022.
ALTERNATIVES
1. Approve the proposed Recommended Actions as set forth in this staff report.
Staff recommends this alternative.
2. Do not approve the proposed Recommended Actions as set forth in this staff report. Staff does not recommend this alternative as the Municipal Code would not be consistent with State requirements associated with Large and Small Family Day Cares, Senate Bill 9 (SB9), and Supportive and Transitional Housing requirements.
FISCAL IMPACT
There are no fiscal impacts anticipated from the approval and adoption of this Ordinance. However, it is anticipated that the proposed modifications will streamline business and development regulations, which would be expected to have a positive impact on business and development and thus positive fiscal impact to the City.
F.2
Packet Pg. 3393
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Name Sean P. Kelleher Name Manuel A. Mancha
Title Planning Division Manager Title Community Development Director
CITY COUNCIL GOALS
Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal policies to support essential City services, regardless of economic climate.
Positive Environment. Create a positive environment for the development of Moreno Valley's future.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Reso - 11.38.040 Fees
2. Ordinance XXX - Title 1 (General Provisions)
3. Ordinance XXX - Title 9 (Planning and Zoning)
APPROVALS
Budget Officer Approval ✓ Approved . 6/14/22 1:18 PM
City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 6/14/22 1:30 PM
F.2
Packet Pg. 3394
1 Resolution No. 2022-xx
Date Adopted: June 21, 2022
RESOLUTION NO. 2022-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY, CALIFORNIA, APPROVING THE SPECIAL
EVENT COORDINATOR/ORGANIZER (BUSINESS LICENSE)
FEES UNDER CHAPTER 11.38.040 OF TITLE 11 OF THE CITY
MUNICIPAL CODE
WHEREAS, the City of Moreno Valley is a General Law city organized pursuant to Article XI of the California Constitution; and
WHEREAS, pursuant to the authority granted the City by Article XI, Section 7 of the California Constitution, the City has the police power to adopt regulations designed to promote the public convenience or the general prosperity, as well as regulations designed to promote the public health and safety; and
WHEREAS, consistent with the authority provided in 11.38.040 (A) the city council shall establish by resolution, from time to time amended, the fees for the administration of this chapter; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. The Special Event Coordinator/Organizer (Business License) Fees are set as below:
Coordinator/Organizer Event Fees
Number of Vendors Fee
10 or Less $100.00 per day
11- 25 $250.00 per day
26 - 50 $500.00 per day
51 - 100 $1,000.00 per day
Over 100 To be Determined by Business License officer
Non-Profit Organizations Receive a 30% Discount on Fees with Proof of 501(c) 3 Letter F.2.a
Packet Pg. 3395 Attachment: Reso - 11.38.040 Fees [Revision 1] (5859 : Spring Omnibus) 2 Resolution No. 2022-xx
Date Adopted: June 21, 2022
APPROVED AND ADOPTED this 21st day of June 2022.
Mayor of the City of Moreno Valley
ATTEST:
Acting City Clerk
APPROVED AS TO FORM:
City Attorney
F.2.a
Packet Pg. 3396 Attachment: Reso - 11.38.040 Fees [Revision 1] (5859 : Spring Omnibus) 3 Resolution No. 2022-xx
Date Adopted: June 21, 2022
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Brian Mohan, Acting City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2022-xx was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 21st day of June 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
___________________________________
CITY CLERK
(SEAL)
F.2.a
Packet Pg. 3397 Attachment: Reso - 11.38.040 Fees [Revision 1] (5859 : Spring Omnibus) Ordinance No. ____
Date Adopted: MONTH DD, YYYY
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, ADDING SECTION 1.10.085 (CIVIL FINES – ILLEGAL CANNABIS OPERATIONS) TO CHAPTER 1.10 (CIVIL
CITATIONS) OF TITLE 1 (GENERAL PROVISIONS) OF THE MORENO
VALLEY MUNICIPAL CODE
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California; and
WHEREAS, pursuant to the authority granted the City by Article XI, Section 7 of the California Constitution, the City has the police power to adopt regulations designed to promote the public convenience or the general prosperity, as well as regulations designed to promote the public health, morals, and/or safety; and WHEREAS, the City has experienced significant difficulties in enforcing its Municipal Code against illegal commercial cannabis operations within the City, diverting staff and resources from other important public services; and WHEREAS, commercial cannabis operations generate significant revenue for their owners, all of which is in cash form, and can be easily removed and hidden from enforcement officers before the officers are able to conduct inspections or other enforcement operations; and
WHEREAS, based on investigations and experience of the City’s Community Enhancement Officers, illegal commercial cannabis operations commence business activities very quickly, with little investment or notice, generate significant cash revenue, and then disappear as soon as the City begins inspections or citations, making true enforcement very difficult; and
WHEREAS, based on the recent experience of the City’s Community Enhancement Officers, illegal commercial cannabis operators do not respond to the smaller fine amounts historically imposed for violations, as they represent a small fraction of the potential profits of operating a cannabis dispensary; and WHEREAS, illegal commercial cannabis businesses present many significant dangers to public safety, including attracting ancillary and potentially violent criminal activities such as robberies and assaults, additional illegal drug uses, unregulated and potentially contaminated cannabis products, sales to minors, violations of building and safety codes, and other harmful nuisances to the neighborhoods in which they operate; and
WHEREAS, based on the experience of the City’s Community Enhancement Department, increased fines in the amount set forth below are necessary to properly deter this illegal conduct, and smaller fines are likely to be considered merely a cost to doing the illegal business the City wishes to prohibit for the general health and safety of the residents of the City; and
F.2.b
Packet Pg. 3398 Attachment: Ordinance XXX - Title 1 (General Provisions) [Revision 2] (5859 : Spring Omnibus) Ordinance No. ____
Date Adopted: MONTH DD, YYYY
WHEREAS, this Ordinance will add a new civil fine of $30,000 for illegal cannabis businesses operating within the City without a City-issued commercial cannabis regulatory permit; and
WHEREAS, staff has further determined that this Ordinance will not adversely affect the public health, safety or general welfare; and WHEREAS, staff has also determined that this Ordinance is consistent with the purposes and intent of Title 1 of the City of Moreno Valley Municipal Code; and WHEREAS, staff has determined that this Ordinance does not constitute a “project” pursuant to Section 15378 of the California Environmental Quality Act, in that a “project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, but does not include organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment such as the adoption of the proposed amendments to Title 1, described herein.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS
That the above recitals are true and correct and are incorporated herein as though set forth at length herein.
Section 2. AUTHORITY
That this Ordinance is adopted pursuant to the authority granted by Article 11, Section 7 of the Constitution of the State of California and California Government Code Section 37100 and it is not intended to be duplicative of state law, or be preempted by state legislation.
Section 3. AMENDMENT TO CHAPTER 1.10 (CIVIL CITATIONS)
That Chapter 1.10 (Civil Citations) of Title 1 (General Provisions) is hereby amended to add Section 1.10.085 (Civil Fines – Illegal Cannabis Operations), as set forth below:
1.10.085 Civil Fines – Illegal Cannabis Operations.
It is unlawful to engage in commercial cannabis activity, as defined by the California Department of Cannabis Control (DCC), in the City of Moreno Valley without a valid commercial cannabis regulatory permit issued by the City of Moreno Valley. This prohibition does not apply to delivery services provided by any cannabis business located outside the City of Moreno Valley, with a valid license or permit issued by DCC that allows for delivery services. Violation of this Section shall subject to a maximum civil penalty of thirty thousand dollars ($30,000.00) per day, outside of any asset forfeiture.
F.2.b
Packet Pg. 3399 Attachment: Ordinance XXX - Title 1 (General Provisions) [Revision 2] (5859 : Spring Omnibus) Ordinance No. ____
Date Adopted: MONTH DD, YYYY
Section 4. CEQA COMPLIANCE
That this Ordinance does not constitute a “project” pursuant to Section 15378 of the California Environmental Quality Act, in that a “project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, but does not include organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment such as the adoption of the proposed amendments to Title 1, described herein.
Section 5. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.
Section 6. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Municipal Code as heretofore adopted by the City of Moreno Valley that are in conflict with the provisions of this Ordinance are hereby repealed.
Section 7. EFFECTIVE DATE
That this Ordinance shall take effect thirty (30) days after its second reading.
Section 8. CERTIFICATION
That the City Clerk shall certify to the passage and adoption of this Ordinance, enter the same in the book for original ordinances of the City, and make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Ordinance is passed and adopted. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
F.2.b
Packet Pg. 3400 Attachment: Ordinance XXX - Title 1 (General Provisions) [Revision 2] (5859 : Spring Omnibus) Ordinance No. ____
Date Adopted: MONTH DD, YYYY
INTRODUCED at a regular meeting of the City Council on ___ _, 2022, and PASSED, APPROVED, and ADOPTED by the City Council on ______ __, 2022, by the following vote:
________________________________
Dr. Yxstian A. Gutierrez
Mayor
City of Moreno Valley
ATTEST:
___________________________________
Brian Mohan, Acting City Clerk
APPROVED AS TO FORM:
___________________________________
Steven B. Quintanilla, Interim City Attorney
F.2.b
Packet Pg. 3401 Attachment: Ordinance XXX - Title 1 (General Provisions) [Revision 2] (5859 : Spring Omnibus) Ordinance No. ____
Date Adopted: MONTH DD, YYYY
ORDINANCE JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, ____________________, City Clerk of the City of Moreno Valley, California, do hereby certify that Ordinance No. 2022-____ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the __________________ day of ___, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
CITY CLERK
(SEAL)
F.2.b
Packet Pg. 3402 Attachment: Ordinance XXX - Title 1 (General Provisions) [Revision 2] (5859 : Spring Omnibus) Ordinance No. ____
Date Adopted: MONTH DD, YYYY
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, AMENDING VARIOUS SECTIONS WITHIN
TITLE 9 (PLANNING AND ZONING), INCLUDING CHAPTER 9.02
(PERMITS AND APPROVALS), CHAPTER 9.09 (SPECIFIC USE
DEVELOPMENT STANDARDS), CHAPTER 9.13 (SPECIFIC PLANS),
CHAPTER 9.14 (LAND DIVISIONS), AND CHAPTER 9.16 (DESIGN
GUIDELINES) OF THE MORENO VALLEY MUNICIPAL CODE
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California; and
WHEREAS, pursuant to the authority granted the City by Article XI, Section 7 of the California Constitution, the City has the police power to adopt regulations designed to promote the public convenience or the general prosperity, as well as regulations designed to promote the public health, morals and/or safety; and WHEREAS, Section 9.02.050 (Amendments to zoning districts or other provisions of Title 9) of Chapter 9.02 (Permits and Approvals) of Title 9 (Planning and Zoning) of the Municipal Code provides that either the staff or the Planning Commission may initiate amendments to the provisions of Title 9; and
WHEREAS, staff has recommended to the Planning Commission that it recommend that the City Council adopt several amendments to Title 9, which include revising certain provisions of Chapter 9.02 (Permits and Approvals), Chapter 9.09 (Specific Use Development Standards), Chapter 9.13 (Specific Plans), Chapter 9.14 (Land Divisions), and Chapter 9.16 (Design Guidelines) (collectively referred to herein as “PEN22-0087”); and
WHEREAS, PEN22-0087 will clarify various development standards to provide some flexibility regarding existing requirements, make it less costly for the public with respect to processing certain entitlements and streamline certain entitlement procedures for efficiency purposes, all of which will promote economic development within the City; and
WHEREAS, staff has determined that PEN22-0087 is consistent with the MOVAL 2040 General Plan and its goals, objectives, policies, and programs, and with any applicable specific plan; and
WHEREAS, staff has further determined that PEN22-0087 will not adversely affect the public health, safety or general welfare; and
WHEREAS, staff has also determined that PEN22-0087 is consistent with the purposes and intent of Title 9; and
WHEREAS, staff has determined that PEN22-0087 does not constitute a “project” pursuant to Section 15378 of the California Environmental Quality Act, in that a “project” F.2.c
Packet Pg. 3403 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus) Ordinance No. ____
Date Adopted: MONTH DD, YYYY
means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, but does not include organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment such as the adoption of the proposed amendments to Title 9, described herein.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS
That the above recitals are true and correct and are incorporated herein as though set forth at length herein.
Section 2. AUTHORITY
That this Ordinance is adopted pursuant to the authority granted by Article XI, Section 7 of the Constitution of the State of California and California Government Code Section 37100, and it is not intended to be duplicative of state law, or be preempted by state legislation.
Section 3. AMENDMENT TO TABLE 9.02.020-1 (PERMITTED USES) Table 9.02.020-1 (Permitted Uses) of Chapter 9.02 (Permits and Approvals) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit A.
Section 4. AMENDMENT TO TABLE 9.02.020-2 (PERMITTED USES MIXED
USE ZONES)
Table 9.02.020-2 (Permitted Uses Mixed Use Zones) of Chapter 9.02 (Permits and Approvals) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit B.
Section 5. AMENDMENT TO SECTION 9.02.140 (LARGE FAMILY DAY CARE)
Section 9.02.140 (Large Family Day Care) of Chapter 9.02 (Permits and Approvals) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit C.
Section 6. AMENDMENT TO SECTION 9.02.320 (REASONABLE
ACCOMMODATION PROCEDURES)
Section 9.02.320 (Reasonable accommodation procedures) of Chapter 9.02 (Permits and Approvals) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit D.
Section 7. AMENDMENT TO CHAPTER 9.09 (SPECIFIC USE
DEVELOPMENT STANDARDS)
F.2.c
Packet Pg. 3404 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus) Ordinance No. ____
Date Adopted: MONTH DD, YYYY
Chapter 9.09 (Specific Use Development Standards) of Title 9 (Planning and Zoning) is hereby amended to include Section 9.09.300 (SB9 Two-Unit Residential Developments), as set forth in Exhibit E.
Section 8. AMENDMENT TO SECTION 9.09.310 (SUPPORTIVE AND
TRANSITIONAL HOUSING)
Section 9.09.310 (Supportive and Transitional Housing) of Chapter 9.09 (Specific Use Development Standards) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit F.
Section 9. REPEAL OF SECTION 9.13.040 (MAP DESIGNATION) Section 9.13.040 (Map designation) of Chapter 9.13 (Specific Plans) of Title 9 (Planning and Zoning) is hereby repealed in its entirety.
Section 10. AMENDMENT TO SECTION 9.13.080 (ADOPTION/AMENDMENT
PROCEDURE)
Section 9.13.080 (Adoption/amendment procedure) of Chapter 9.13 (Specific Plans) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit G.
Section 11. AMENDMENT TO SECTION 9.14.240 (PARCEL MAPS FOR
URBAN LOT SPLITS)
Section 9.14.240 (Parcel Maps for Urban Lot Splits) of Chapter 9.14 (Land Divisions) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit H.
Section 12. AMENDMENT TO SECTION 9.16.150 (COMMERCIAL (RETAIL,
OFFICE, MIXED USE))
Section 9.16.150 (Commercial (retail, office, mixed use).) of Chapter 9.16 (Design Guidelines) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit I.
Section 13. CEQA COMPLIANCE
That PEN22-0087 does not constitute a “project” pursuant to Section 15378 of the California Environmental Quality Act, in that a “project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, but does not include organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment such as the adoption of the proposed amendments to Title 9, described herein.
Section 14. FINDINGS
The ordinance is consistent with the City’s 2040 General Plan.
F.2.c
Packet Pg. 3405 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus) Ordinance No. ____
Date Adopted: MONTH DD, YYYY
Section 15. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.
Section 16. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Municipal Code as heretofore adopted by the City of Moreno Valley that are in conflict with the provisions of this Ordinance are hereby repealed.
Section 17. EFFECTIVE DATE
That this Ordinance shall take effect thirty (30) days after its second reading.
Section 18. CERTIFICATION
That the City Clerk shall certify to the passage and adoption of this Ordinance, enter the same in the book for original ordinances of the City, and make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Ordinance is passed and adopted. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
F.2.c
Packet Pg. 3406 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus) Ordinance No. ____
Date Adopted: MONTH DD, YYYY
INTRODUCED at a regular meeting of the City Council on ___ _, 2022, and PASSED, APPROVED, and ADOPTED by the City Council on ______ __, 2022, by the following vote:
________________________________
Dr. Yxstian A. Gutierrez
Mayor
City of Moreno Valley
ATTEST:
___________________________________
Brian Mohan, Acting City Clerk
APPROVED AS TO FORM:
___________________________________
Steven B. Quintanilla, Interim City Attorney
F.2.c
Packet Pg. 3407 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus) Ordinance No. ____
Date Adopted: MONTH DD, YYYY
ORDINANCE JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, ____________________, City Clerk of the City of Moreno Valley, California, do hereby certify that Ordinance No. YYYY-____ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the __________________ day of ___, YYYY, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
CITY CLERK
(SEAL)
F.2.c
Packet Pg. 3408 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.
C - Indicates stated use is allowed with a conditional use permit. ⧫ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.
A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.
S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.
M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.
Residential Zones
Mixed
Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS Adult Businesses A A A A A A A
Agricultural Uses—Crops Only18 X X X X X X X X X X X X X X X X X X X X X X X X X X Agricultural (involving structures) X
Aircraft Landing Facilities C C C C C
Ambulance Service ⧫ ⧫ X X X X
Amusement Parks, Fairgrounds18 ⧫ X
Animal Raising (see Section 9.09.090 of this title)18 X X X X X X X X X X X X X X X X X X X X X X X X X X Appliance and Electronic Repair Shops X X X X X X X X
Arcades, Video Machines ⧫ X ⧫
Athletic Clubs, Gymnasiums and Spas18 X X X X X X X X X X Auction Houses18 X X
Auditoriums18 ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫
Auto Electronic Accessories and Installation X X X X
Automobile Fleet Storage X X
Automobile, Motorcycle, Truck, Golf Cart, Recreational
Vehicle and Boat Sales and Incidental Minor Repairs
and Accessory Installations
⧫ X X
Auto Service Stations
Accessory uses include convenience store and car
wash
⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫
F.2.c
Packet Pg. 3409 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.
C - Indicates stated use is allowed with a conditional use permit. ⧫ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.
A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.
S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.
M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.
Residential Zones
Mixed
Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS Minor repairs to include auto/boat/motorcycle/RV
(excludes major repair, paint, body work)
Automotive, Boat, Motorcycle and RV Repair—Minor
(includes brake, muffler and tire installation and repair) ⧫ X X X X Automotive Paint and Body Repair—Major Engine
Overhaul ⧫ X
Auto Rentals X X X X
Auto Supply Stores X X X X X X X X
Bakery Shops X X X X X X X
Bakery—Commercial18 X
Banks—Financial Institutions18 X X X X X X X X X X
Barber and Beauty Colleges18 X X X X X X X X X
Bars (Drinking Establishments) 18
Bars C C C C C C
Bars, with Limited Live Entertainment C C C C C C
Boat Sales New and Used Including Repairs and
Accessory Installation ⧫ X
Boarding and Rooming Houses18 X X X X X X
Bowling Alley ⧫ ⧫ ⧫ X X
Building Material Sales18 ⧫
With outdoor storage18 ⧫ X X
Building Material Storage Yards18 X
F.2.c
Packet Pg. 3410 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.
C - Indicates stated use is allowed with a conditional use permit. ⧫ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.
A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.
S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.
M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.
Residential Zones
Mixed
Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS Bus, Rail and Taxi Stations18 ⧫ ⧫
Business Equipment Sales (includes repairs) X X X X X X X X Business Schools18 X X X X X X X X X X X
Business Supply Stores X X X X X X X X X
Cabinet Shop X X X X
Caretakers Residence1 ⧫ ⧫ C ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫
Car Wash X X X
Accessory to auto related use ⧫ ⧫ X
Catering Service X X X X X X X X
Cemetery (Human or Pet) With or Without Accessory
Mortuary and Cremation Services (Minimum 10-acre
site required)
C C C C C C C C C C C C
Churches2, 18 C C C C C C C C C C C C ⧫ ⧫ ⧫ ⧫ ⧫ C ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ Clubs18 ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ C
Commercial Cannabis Activities17, 18
Cultivation M M M
Dispensary M M M
Manufacturing M M M
Testing M M M
Microbusiness M M
Distribution Center M M M M M
Commercial Radio or Television Stations
F.2.c
Packet Pg. 3411 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.
C - Indicates stated use is allowed with a conditional use permit. ⧫ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.
A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.
S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.
M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.
Residential Zones
Mixed
Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS With on-site antenna ⧫ ⧫ ⧫ ⧫ ⧫
Without on-site antenna X X X X X
Communications Facilities (See Section 9.09.040 of
this title)
Computer Sales and Repairs X X X X X X X X X X
Contractors Storage Yard X
Convalescent Homes/Assisted Living18 C C C C C C ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ Convenience Stores
With drive-through X X
Without drive-through X X X X X
With alcohol sales ⧫ ⧫ ⧫ ⧫ ⧫
Convention Hall, Trade Show, Exhibit Building with
Incidental Food Services18 C ⧫ ⧫ ⧫ ⧫ ⧫
Copy Shops X X X X X X X X X X X X
Country Club18 C C C C C C C C C C C C
Dancing, Art, Music and Similar Schools18 X X X X X X X X X X X Day Care Centers18, 19 C C C C C C C C C C C C ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ C Delicatessens18 X X X X X X X X X X
Diaper Supply Service X
Laundry with fleet storage18 X
Disposal company X
Drapery Shops X X X X X X
F.2.c
Packet Pg. 3412 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.
C - Indicates stated use is allowed with a conditional use permit. ⧫ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.
A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.
S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.
M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.
Residential Zones
Mixed
Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS Dressmaking Shops X X X X X X
Driving School18 X X X X X X X X X X
Drug Stores X X X X X X
Dry Cleaning or Laundry18
a. Dry Cleaning X X X X X X X X
b. Laundromat X X X X X X X
c. Laundry Commercial X X
Emergency Shelters14 C C C X C C
Equestrian Centers, Riding Academies, Commercial
Stables (including incidental sales of feed and tack) 18 C C C C ⧫ C Exterminators C X X X X
Farm Worker Housing18 X X X X
Feed and Grain Stores X X X
Fire and Police Stations X X X X X X X X X X X X X X X X X X X X X X X X X X Floor Covering Stores (may include incidental repairs
with installation service) X X X X X X
Fraternity/Sorority18 C C C C C
Frozen Food Locker X X
Gasoline Dispensing - Non-retail accessory to an autorelated use18 X X X X X Glass Shops and Glass Studios—Stained, etc. X X X X X
F.2.c
Packet Pg. 3413 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.
C - Indicates stated use is allowed with a conditional use permit. ⧫ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.
A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.
S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.
M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.
Residential Zones
Mixed
Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS Golf Courses or Golf Driving Ranges with Incidental
Commercial Uses18 C C C C C C C C C C C C ⧫
Handicapped Housing18 X X X X X X X X
Heavy Equipment Sales and Rentals X X X
Hospitals18 ⧫ ⧫ ⧫ ⧫ C C C
Hotels18
a. With 20% or less of the units containing kitchens X X X X C X X X b. With over 20% of the units containing kitchens C C C C C C C C Ice Cream Stores—Including Yogurt Sales X X X X X X X X Impound Yards X
Jewelry Stores X X X X X X
Kennel and Catteries C C C C C C C C C C C C C C C C C ⧫ ⧫ ⧫ ⧫ C Laboratories (medical and dental) 18 X X X X X X X X X X X Libraries18 X X X X X X X X X X X X X X X X X X X X X X X X Liquor Stores ⧫ ⧫ ⧫ ⧫
Live/Work Unit 12, 18 X X X
Locksmith Shops X X X X X X X X X X
Lodge Halls and Similar Facilities18 ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫
Lumberyards X X
Mail Order House X X X X X
Manufacturing and Assembly18
F.2.c
Packet Pg. 3414 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.
C - Indicates stated use is allowed with a conditional use permit. ⧫ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.
A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.
S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.
M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.
Residential Zones
Mixed
Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS a. Custom and light manufacturing indoor uses only
(50,000 square feet or less), with light truck traffic, onsite and wholesaling of goods producedX X X X b. Custom and light manufacturing indoor uses only
(more than 50,000 square feet), with light truck traffic, on-site and wholesaling of goods produced
X X
c. General manufacturing with frequent truck traffic
and/or outdoor equipment or storage X X
d. Retail sales of goods produced or warehoused onsite3 X X X X Medical Clinics/Medical Care18
Inpatient care X X X X X X X X X X X
Urgent care X X X X X X X
Medical device services and sales (retail), including,
but not limited to, fittings for and sale of prosthetic and orthotic devices
X X X X
Medical equipment supply, including retail sales for inhome medical care, such as wheelchairs, walkers, and respiratory equipment
X X X X
Mobile Home Parks18 C C C C C C C C C C C C
Mobile Home Sales or Rentals (outdoor display) C
Mortuaries
F.2.c
Packet Pg. 3415 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.
C - Indicates stated use is allowed with a conditional use permit. ⧫ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.
A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.
S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.
M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.
Residential Zones
Mixed
Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS With cremation services X X
No cremation services C C C C C C C C C C ⧫ ⧫ ⧫ X X
Museums18 X X X X X X X X X X X X X X X X X X X X X X X X X X Newspaper and Printing Shops X X X X X X X X X
Nightclubs18 C C C
Nursery, (Plant), Wholesale and Distribution X X X X X X X Offices (administrative and professional) 18 X X X X X X X X X X X Open Air Theaters18 C C C
Orphanages18 C C C C C C C C C C C C
Painting Contractor X X
Parcel Delivery Terminals18 X X X X
Parking Lot C C X X C X
Parks and Recreation Facilities (public) 18 X X X X X X X X X X X X X X X X X X X X X X X X X X Personal Services (e.g., nail salons, spa facilities15, barber and beauty shops, and tattoo parlors) 18 X X X X X X X X Pharmacy4 X X X X X X X X
Photo Studios X X X X X X X X
Plumbing Shops X X
Plumbing Supply Stores for Contractors X X X
Pool Hall18 ⧫ ⧫ ⧫
Postal Services X X X X X X X X X X
Pottery Sales with Outdoor Sales X X X X X X X X
F.2.c
Packet Pg. 3416 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.
C - Indicates stated use is allowed with a conditional use permit. ⧫ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.
A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.
S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.
M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.
Residential Zones
Mixed
Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS Public Administration, Buildings and Civic Centers18 X X X X X X X X X X X X X Public Utility Stations, Yards, Wells and Similar
Facilities, Excluding Offices18 C C C C C C C C C C C C ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ X X ⧫ ⧫ C Racetracks18 C C
Record Store X X X X X X
Recording Studio X X X X X X X X X X X X
Recreational Facilities (Private) such as Tennis Club,
Polo Club, with Limited Associated Incidental Uses18 C C C C C C C C C C C C ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ Recycling, Large Collection Facility5 ⧫ X X
Recycling, Small Collection Facility X X X X X X
Recycling Processing Centers X X X X
Refreshment Stands X X X X X X X X X X X X X
Rental Service
Within an enclosed structure (furniture, office, party
supplies) X X X X X X X X X X
With outdoor storage and display (vehicles, equipment,
etc.) ⧫ ⧫ X X
Research and Development18 X X X X X X X X X
Residential18
Single-Family X X X X X X X X
Multiple-Family X X X X X X X
Manufactured home park (see mobile home parks)
F.2.c
Packet Pg. 3417 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.
C - Indicates stated use is allowed with a conditional use permit. ⧫ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.
A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.
S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.
M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.
Residential Zones
Mixed
Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS Residential Care Facility (for seven or more persons) 18 C C C C C C C C C C C C C C X Restaurants (Eating and Drinking Establishments) 18
Without entertainment X X X X X X X X
With Limited Live entertainment X X X X X X X
With alcoholic beverage sales X X X X X X X X
With outdoor seating13 X X X X X X X X
Restaurants (fast-food) 18
With drive-through ⧫ ⧫ ⧫
Without drive-through X X X X X X
Retails Sales X X X X X X
Support Retail Sales X X X X X
Sandwich Shops6 X X X X X X X X6
Schools, Private C C C C C C C C C C C C ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ Senior Housing X X X X X X X X X X X X X X X X X
Shoe Shine Stands X X X X X X X X X
Shoe Repair Shop X X X X X X
Sign Shop X X X X X X X X X X
Single room occupancy (SRO) facility18 C C C C X
Skating Rinks18 X X
Smoke Shops16 S S S S
Stationery Stores X X X X X X X X X
Statue Shop -Outdoor display ⧫ X X
F.2.c
Packet Pg. 3418 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.
C - Indicates stated use is allowed with a conditional use permit. ⧫ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.
A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.
S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.
M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.
Residential Zones
Mixed
Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS Storage Lots and Mini-Warehouses
Indoor C X
Outdoor C X
Supportive and Transitional Housing X X X X X X X X X X X X X X X X X Swim Schools/Center with Incidental Commercial
Uses18 C C C C C C C C C C C C X
Taxidermist X X X
Theaters (excludes open air) 18 X X X X X X
Tire Recapping X
Trade and Vocational Schools18 X X X X X X X X X
Transfer, Moving and Storage Facilities X X
Truck Wash X X
Upholstery Shops X X X X
Vehicle Storage Yards
Indoor X X X
Outdoor C X X
Vending Machine Service and Repair X X X X
Veterinarian (including animal hospital) 18
All activities within an enclosed structure X X X X X X X With outdoor activities ⧫ ⧫ ⧫
Weight Reduction Center X X X X X X X
Wholesale, Storage, and Distribution18
F.2.c
Packet Pg. 3419 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.
C - Indicates stated use is allowed with a conditional use permit. ⧫ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.
A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.
S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.
M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.
Residential Zones
Mixed
Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS All activities indoors (50,000 square feet or less) X X X X All activities indoors (more than 50,000 square feet) X X All activities outdoors X
Retail sale of goods warehoused on-site7 X X X
Wrecking Yard ⧫
Notes:
(1) Do not consider residential use per distance requirement. (2) The administrative plot plan process may be used to establish these uses in an existing building within any commercial or industrial zone, even if the project is located adjacent to residential uses or zones. (3) Retail is limited to fifteen (15) percent of gross floor area (see Section 9.05.040 of this title). (4) Permitted in the OC and VOR districts only as a support medical office facility. (5) Large collection facilities may be established within an existing building through the “tenant improvement” process if such building or tenant space occupied by the use is not located adjacent to a residential use or zone. (6) Sandwich shops shall not have cooking hoods, nor shall they exceed five percent of the gross floor area of the complex where they are located. (7) Retail is limited to fifteen (15) percent of gross floor area (see Section 9.05.040 of this title). (8) In the MUI district, mixed use (commercial uses on first floor with office uses or residential uses on upper floors) are (a) required to on lots at street intersections and within 300 feet in any direction from a street intersection, as measured from the corner formed by the lot’s property lines, and (b) are allowed, but not required on the other lots.
(9) In the MUC and MUN districts, mixed use (commercial uses on first floor with office uses or residential uses on upper floors) are (a) required to on lots at street intersections and within 150 feet in any direction from a street intersection, as measured from the corner formed by the lot’s property lines, and (b) are allowed, but not required on the other lots.
(10)See Section 9.07.40 (Medical Use Overlay District)
F.2.c
Packet Pg. 3420 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT A
(11)See Section 9.09.260 (Mixed Use Development)
(12)See Section 9.09.250 (Live-Work Development)
(13)See Section 9.09.270 (Outdoor Dining)
(14)Use is also permitted in the Moreno Valley Industrial Area Plan (SP 208) (15)For Spa Facilities refer to Title 11, Chapter 11.96 of the Municipal Code. (16)See Section 9.09.280.C (Smoke Shops) for distance requirements that require a Conditional Use Permit. (17)See Section 9.09.290 (Commercial Cannabis Activities) for all Commercial Cannabis Activities regulations. (18)See Section 9.07.060 Airport Land Use Compatibility Plan for Airport Land Use Compatibility Plan (ALUCP) requirements for actions proposed on property located within an Airport Compatibility Zone. When located within an Airport Land Use Compatibility Zone, greater land use, restrictions for airport compatibility may apply per the applicable ALUCP.
(19)For Day Care uses in the Moreno Valley Industrial Area Plan (SP 208), See Section 9.07.060 Airport Land Use Compatibility Plan for Airport Land Use Compatibility Plan (ALUCP) requirements for actions proposed on property located within an Airport Compatibility Zone. When located within an Airport Land Use Compatibility Zone, greater land use, restrictions for airport compatibility may apply per the applicable ALUCP.
Zoning District Key
HR Hillside Residential District MU Mixed Use Overlay District RR Rural Residential District MUN Mixed-Use Neighborhood Overlay District R1 Residential 1 District (40,000 square feet minimum lot size) MUC Mixed-Use Community Overlay District RA2 Residential Agriculture 2 (20,000 square feet minimum lot size) MUI Mixed-Use Institutional Anchor Overlay District R2 Residential 2 District (20,000 square feet minimum lot size) NC Neighborhood Commercial District R3 Residential 3 District (10,000 square feet minimum lot size) CC Community Commercial District R5 Residential 5 District (7,200 square feet minimum lot size) VC Village Commercial District RS10 Residential Single-Family 10 District (4,500 square feet minimum lot size) OC Office Commercial District R10 Residential 10 District (Up to 10 Dwelling Units per net acre) O Office District R15 Residential 15 District (Up to 15 Dwelling Units per net acre) P Public District R20 Residential 20 District (Up to 20 Dwelling Units per net acre) I Industrial District R30 Residential 30 District (Up to 30 Dwelling Units per net acre) LI Light Industrial BP Business Park District
BPX Business Park-Mixed Use District
OS Open Space District
F.2.c
Packet Pg. 3421 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT B
Permitted Uses Table 9.02.020-2 MIXED USE ZONES
X - Indicates stated use is permitted subject to zoning requirements.
C - Indicates stated use is allowed with a conditional use permit. ♦ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.
A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.
S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.
M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.
Mixed Use Zones Mixed Use Overlay
BF
zone
(18)
H-OC
zone
COMU
zone
DC
zone
MUN
(9,11)
MUC
(9.11)
MUI
(8,10,11)
Adult Businesses
Agricultural Uses—Crops Only18 X X X X X X
Agricultural (involving structures)
Aircraft Landing Facilities
Ambulance Service ♦ ♦ ♦
Amusement Parks, Fairgrounds18
Animal Raising (see Section 9.09.090 of this title)18 X X X Appliance and Electronic Repair Shops X X X X
Arcades, Video Machines X
Athletic Clubs, Gymnasiums and Spas18 X X X X X X
Auction Houses18 X
Auditoriums18 X ♦ X ♦ ♦ ♦
Auto Electronic Accessories and Installation X X
Automobile Fleet Storage X
Automobile, Motorcycle, Truck, Golf Cart, Recreational Vehicle, Aircraft and Boat Sales, Leasing, and Incidental Minor Repairs and Accessory Installations
♦ X ♦
Auto Service Stations
a) Accessory uses include convenience store and car wash b) Minor repairs to include auto/boat/motorcycle/RV (excludes major repair, paint, body work)
X ♦ ♦ ♦
Automotive, Boat, Motorcycle and RV Repair—Minor (includes brake, muffler and tire installation and repair) ♦ ♦
Automotive Paint and Body Repair—Major Engine Overhaul ♦ ♦ F.2.c
Packet Pg. 3422 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT B
Permitted Uses Table 9.02.020-2 MIXED USE ZONES
X - Indicates stated use is permitted subject to zoning requirements.
C - Indicates stated use is allowed with a conditional use permit. ♦ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.
A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.
S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.
M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.
Mixed Use Zones Mixed Use Overlay
BF
zone
(18)
H-OC
zone
COMU
zone
DC
zone
MUN
(9,11)
MUC
(9.11)
MUI
(8,10,11)
Auto Rentals X X
Auto Supply Stores X X X X X
Bakery Shops X X X X X X
Bakery—Commercial18
Banks—Financial Institutions18 X X X X X X
Barber and Beauty Colleges18 X X X X X X
Bars (Drinking Establishments) 18
Bars C C C C C
Bars, with Limited Live Entertainment C C C C C
Boarding and Rooming Houses18 X X
Bowling Alley18 X X ♦ ♦ ♦
Building Material Sales (with or without outdoor sales) 18 ♦ ♦ Building Material Storage Yards18 X
Bus, Rail and Taxi Stations18 ♦ ♦ ♦
Business Equipment Sales (includes repairs) X X X X X X X Business Schools18 X X X X X X
Business Supply Stores X X X X X X X
Cabinet Shop X
Caretakers Residence1 C X
Car Wash X X
Accessory to auto related use
Catering Service X X X X X
F.2.c
Packet Pg. 3423 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT B
Permitted Uses Table 9.02.020-2 MIXED USE ZONES
X - Indicates stated use is permitted subject to zoning requirements.
C - Indicates stated use is allowed with a conditional use permit. ♦ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.
A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.
S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.
M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.
Mixed Use Zones Mixed Use Overlay
BF
zone
(18)
H-OC
zone
COMU
zone
DC
zone
MUN
(9,11)
MUC
(9.11)
MUI
(8,10,11)
Cemetery (Human or Pet) With or Without Accessory Mortuary and Cremation Services (Minimum 10-acre site required)
Churches2, 18 ♦ ♦ ♦ ♦ ♦ ♦
Clubs18 ♦ ♦ ♦ ♦ ♦
Commercial Cannabis Activities17, 18
Cultivation
Dispensary M M
Manufacturing
Testing
Microbusiness M
Distribution
Commercial Radio or Television Stations
With on-site antenna ♦ C
Without on-site antenna X X X
Communications Facilities (See Section 9.09.040 of this title) Computer Sales and Repairs X X X X X X X
Contractors Storage Yard
Convalescent Homes/Assisted Living18 ♦ ♦ ♦ ♦ ♦
Convenience Stores
With drive-through X X
Without drive-through X X X X X X X
With alcohol sales ♦ ♦ ♦ ♦ ♦ ♦ ♦
F.2.c
Packet Pg. 3424 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT B
Permitted Uses Table 9.02.020-2 MIXED USE ZONES
X - Indicates stated use is permitted subject to zoning requirements.
C - Indicates stated use is allowed with a conditional use permit. ♦ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.
A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.
S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.
M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.
Mixed Use Zones Mixed Use Overlay
BF
zone
(18)
H-OC
zone
COMU
zone
DC
zone
MUN
(9,11)
MUC
(9.11)
MUI
(8,10,11)
Convention Hall, Trade Show, Exhibit Building with Incidental Food Services18 C C
Copy Shops X X X X X X X
Country Club18 C
Dancing, Art, Music and Similar Schools18 X X X X X X
Day Care Centers18, 19 ♦ ♦ ♦ ♦ ♦ ♦
Delicatessens18 X X X X X X
Diaper Supply Service X
Laundry with fleet storage18
Disposal company
Drapery Shops X X X X X X X
Dressmaking Shops X X X X X X X
Driving School18 X X X X X X X
Drug Stores X X X X X X X
Dry Cleaning or Laundry18
a. Dry Cleaning X X X X X X
b. Laundromat X X X X X X
c. Laundry Commercial X
Emergency Shelters14
Equestrian Centers, Riding Academies, Commercial Stables (including incidental sales of feed and tack) 18 X
Exterminators X C
Farm Worker Housing18
F.2.c
Packet Pg. 3425 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT B
Permitted Uses Table 9.02.020-2 MIXED USE ZONES
X - Indicates stated use is permitted subject to zoning requirements.
C - Indicates stated use is allowed with a conditional use permit. ♦ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.
A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.
S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.
M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.
Mixed Use Zones Mixed Use Overlay
BF
zone
(18)
H-OC
zone
COMU
zone
DC
zone
MUN
(9,11)
MUC
(9.11)
MUI
(8,10,11)
Feed and Grain Stores X X
Fire and Police Stations X X X X X X X
Floor Covering Stores (may include incidental repairs with installation service) X X X X X X X
Fraternity/Sorority18
Frozen Food Locker
Gasoline Dispensing - Non-retail accessory to an auto-related use18 X X X Glass Shops and Glass Studios—Stained, etc X X X
Golf Courses or Golf Driving Ranges with Incidental Commercial Uses18 C Handicapped Housing18 X X X X X
Heavy Equipment Sales and Rentals X
Hospitals18 ♦ ♦ ♦
Hotels18
a. With 20% or less of the units containing kitchens X X X X X X b. With over 20% of the units containing kitchens C C C C C C Ice Cream Stores— Including Yogurt Sales X X X X X X X
Impound Yards C
Jewelry Stores X X X X X X X
Kennel and Catteries C C C C C
Laboratories (medical and dental) 18 X X X X X X
Libraries18 X X X X X X X
Liquor Stores ♦ ♦ ♦ ♦
Live/Work Unit 12, 18 X X X X X
F.2.c
Packet Pg. 3426 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT B
Permitted Uses Table 9.02.020-2 MIXED USE ZONES
X - Indicates stated use is permitted subject to zoning requirements.
C - Indicates stated use is allowed with a conditional use permit. ♦ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.
A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.
S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.
M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.
Mixed Use Zones Mixed Use Overlay
BF
zone
(18)
H-OC
zone
COMU
zone
DC
zone
MUN
(9,11)
MUC
(9.11)
MUI
(8,10,11)
Locksmith Shops X X X X X X
Lodge Halls and Similar Facilities18 ♦ ♦ ♦ ♦ ♦
Lumberyards
Mail Order House
Manufacturing and Assembly18
a. Custom and light manufacturing indoor uses only (50,000 square feet or less), with light truck traffic, on-site and wholesaling of goods produced X b. Custom and light manufacturing indoor uses only (more than 50,000 square feet), with light truck traffic, on-site and wholesaling of goods produced
X
c. General manufacturing with frequent truck traffic and/or outdoor equipment or storage
d. Retail sales of goods produced or warehoused on-site3 X Medical Clinics/Medical Care18
Inpatient care X X X X X X
Urgent care X X X X X X
Medical device services and sales (retail), including, but not limited to, fittings for and sale of prosthetic and orthotic devices X X X X X Medical equipment supply, including retail sales for in-home medical care, such as wheelchairs, walkers, and respiratory equipment X X X X X Mobile Home Parks18
Mobile Home Sales or Rentals (outdoor display)
Mortuaries18
With cremation services
F.2.c
Packet Pg. 3427 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT B
Permitted Uses Table 9.02.020-2 MIXED USE ZONES
X - Indicates stated use is permitted subject to zoning requirements.
C - Indicates stated use is allowed with a conditional use permit. ♦ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.
A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.
S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.
M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.
Mixed Use Zones Mixed Use Overlay
BF
zone
(18)
H-OC
zone
COMU
zone
DC
zone
MUN
(9,11)
MUC
(9.11)
MUI
(8,10,11)
No cremation services ♦ ♦
Museums18 X X X X X X
Newspaper and Printing Shops X X X X X X X
Nightclubs18 C C C C
Nursery, (Plant), Wholesale and Distribution X X
Offices (administrative and professional) 18 X X X X X X X Open Air Theaters18 X C
Orphanages18
Painting Contractor X
Parcel Delivery Terminals18
Parking Lot X X X C
Parks and Recreation Facilities (public) 18 X X X X X X Personal Services (e.g., nail salons, spa facilities15, barber and beauty shops, and tattoo parlors) 18 X X X X X X X
Pharmacy4 X X X X X X X
Photo Studios X X X X X X X
Plumbing Shops X X
Plumbing Supply Stores for Contractors X
Pool Hall18 ♦ ♦
Postal Services X X X X X X
Pottery Sales with Outdoor Sales X X X X X X X
Public Administration, Buildings and Civic Centers18 X X X X X F.2.c
Packet Pg. 3428 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT B
Permitted Uses Table 9.02.020-2 MIXED USE ZONES
X - Indicates stated use is permitted subject to zoning requirements.
C - Indicates stated use is allowed with a conditional use permit. ♦ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.
A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.
S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.
M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.
Mixed Use Zones Mixed Use Overlay
BF
zone
(18)
H-OC
zone
COMU
zone
DC
zone
MUN
(9,11)
MUC
(9.11)
MUI
(8,10,11)
Public Utility Stations, Yards, Wells and Similar Facilities, Excluding Offices18 ♦ ♦ ♦
Racetracks18
Record Store X X X X X
Recording Studio X X X X X X X
Recreational Facilities (Private) such as Tennis Club, Polo Club, with Limited Associated Incidental Uses18 ♦ ♦ ♦ ♦ ♦ ♦ ♦
Recycling, Large Collection Facility5
Recycling, Small Collection Facility X X X X X X
Recycling Processing Centers
Refreshment Stands X X X
Rental Service
Within an enclosed structure (furniture, office, party supplies) X X X X X With outdoor storage and display (vehicles, equipment, etc.) ♦ Research and Development18 X X X X X X X
Residential18
Single-Family X
Multiple-Family X X X X X
Manufactured home park (see mobile home parks)
Residential Care Facility (for seven or more persons) 18 C C C C X Restaurants (Eating and Drinking Establishments) 18
Without entertainment X X X X X X
With Limited Live entertainment X X X X X
F.2.c
Packet Pg. 3429 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT B
Permitted Uses Table 9.02.020-2 MIXED USE ZONES
X - Indicates stated use is permitted subject to zoning requirements.
C - Indicates stated use is allowed with a conditional use permit. ♦ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.
A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.
S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.
M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.
Mixed Use Zones Mixed Use Overlay
BF
zone
(18)
H-OC
zone
COMU
zone
DC
zone
MUN
(9,11)
MUC
(9.11)
MUI
(8,10,11)
With alcoholic beverage sales X X X X X
With outdoor seating13 X X X X X X
Restaurants (fast-food) 18
With drive-through X ♦ ♦ ♦
Without drive-through X X X X X X X
Retail Sales X X X X X X X
Support Retail Sales X X X X X
Sandwich Shops6 X X X X X X X
Schools, Private X ♦ C ♦ ♦ ♦
Senior Housing X X X X X
Shoe Shine Stands X X X X X X X
Shoe Repair Shop X X X X X X
Sign Shop X X X X X X
Single room occupancy (SRO) facility18 C C C
Skating Rinks18 X X X
Smoke Shops16 S S
Stationery Stores X X X X X X
Statue Shop -Outdoor display X
Storage Lots and Mini- Warehouses
Indoor C C
Outdoor C
Support and Transitional Housing X X X X X
Swim Schools/Center with Incidental Commercial Uses18 X C F.2.c
Packet Pg. 3430 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT B
Permitted Uses Table 9.02.020-2 MIXED USE ZONES
X - Indicates stated use is permitted subject to zoning requirements.
C - Indicates stated use is allowed with a conditional use permit. ♦ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.
A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.
S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.
M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.
Mixed Use Zones Mixed Use Overlay
BF
zone
(18)
H-OC
zone
COMU
zone
DC
zone
MUN
(9,11)
MUC
(9.11)
MUI
(8,10,11)
Taxidermist X
Theaters (excludes open air) 18 X X X X X
Tire Recapping
Trade and Vocational Schools18 X X X X X X
Transfer, Moving and Storage Facilities X
Transit Center X
Truck Wash
Upholstery Shops X X
Vehicle Storage Yards
Indoor X
Outdoor
Vending Machine Service and Repair
Veterinarian (including animal hospital) 18 X
All activities within an enclosed structure X X X X X X X With outdoor activities ♦
Weight Reduction Center X X X X X X X
Wholesale, Fulfillment, Storage, and Distribution18
All activities indoors (50,000 square feet or less) X
All activities indoors (more than 50,000 square feet) X All activities outdoors
Retail sale of goods warehoused on-site7 X
Wrecking Yard X
F.2.c
Packet Pg. 3431 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT B
Notes:
(1) Do not consider residential use per distance requirement. (2) The administrative plot plan process may be used to establish these uses in an existing building within any commercial or industrial zone, even if the project is located adjacent to residential uses or zones.
(3) Retail is limited to fifteen (15) percent of gross floor area (see Section 9.05.040 of this title). (4) Permitted in the OC and VOR zones only as a support medical office facility. (5) Large collection facilities may be established within an existing building through the “tenant improvement” process if such building or tenant space occupied by the use is not located adjacent to a residential use or zone. (6) Sandwich shops shall not have cooking hoods, nor shall they exceed five percent of the gross floor area of the complex where they are located. (7) Retail is limited to fifteen (15) percent of gross floor area (see Section 9.05.040 of this title). (8) In the MUI, mixed use (commercial uses on first floor with office uses or residential uses on upper floors) are (a) required to on lots at street intersections and within 300 feet in any direction from a street intersection, as measured from the corner formed by the lot’s property lines, and (b) are allowed, but not required on the other lots.
(9) In the MUC and MUN, mixed use (commercial uses on first floor with office uses or residential uses on upper floors) are (a) required to on lots at street intersections and within 150 feet in any direction from a street intersection, as measured from the corner formed by the lot’s property lines, and (b) are allowed, but not required on the other lots.
(10) See Section 9.07.40 (Medical Use Overlay)
(11) See Section 9.09.260 (Mixed Use Development)
(12) See Section 9.09.250 (Live-Work Development)
(13) See Section 9.09.270 (Outdoor Dining)
(14) Use is also permitted in the Moreno Valley Industrial Area Plan (SP 208) (15) For Spa Facilities refer to Title 11, Chapter 11.96 of the Municipal Code. (16) See Section 9.09.280.C (Smoke Shops) for distance requirements that require a Conditional Use Permit. (17) See Section 9.09.290 (Commercial Cannabis Activities) for all Commercial Cannabis Activities regulations. (18) See Section 9.07.060 Airport Land Use Compatibility Plan for Airport Land Use Compatibility Plan (ALUCP) requirements for actions proposed on property located within an Airport Compatibility Zone. When located within an Airport Land Use Compatibility Zone, greater land use, restrictions for airport compatibility may apply per the applicable ALUCP.
(19) For Day Care uses in the Moreno Valley Industrial Area Plan (SP 208), See Section 9.07.060 Airport Land Use Compatibility Plan for Airport Land Use Compatibility Plan (ALUCP) requirements for actions proposed on property located within an Airport Compatibility Zone. When located within an Airport Land Use Compatibility Zone, greater land use, restrictions for airport compatibility may apply per the applicable ALUCP.
Zoning District Key
BF Business Flex MU Mixed Use Overlay District
DC Downtown Center MUN Mixed-Use Neighborhood Overlay District COMU Corridor Mixed Use MUC Mixed-Use Community Overlay District H-OC Highway – Office/Commercial MUI Mixed-Use Institutional Anchor Overlay District F.2.c
Packet Pg. 3432 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT C
9.02.140 Small and Large Family Day Care Home Standards in Residential Dwelling Units.
A. Purpose and Intent. The use of a home as a small or large family daycare home shall be considered a residential use of property.
B. Small and large family day care homes shall be constructed, maintained and operated in the following manner:
1. The facility shall conform to all property development standards and operational standards of the residential land use district in which it is located.
2. Fences and walls shall be installed and maintained pursuant to Section
9.08.070 (Fences and Walls), applicable to the residential land use district and type of residence in which the family day care home is located.
3. On-site landscaping shall be installed and maintained pursuant to Chapter
9.17 (Landscape and Water Efficiency Requirements) applicable to the residential land use district and type of residence in which the family day care home is located.
4. The facility shall contain a fire extinguisher, smoke detector and carbon monoxide devices as required by state law, and meet all state standards and codes, and comply with any other standards adopted by the City of Moreno Valley for residential uses in the same zone.
5. All family day care homes shall be state licensed and shall be operated according to all applicable State of California Health and Safety Code , as well as all state licensing requirements as set forth by state law (1597.46).
C. A Small and Large Family Day Care shall be reviewed ministerial by the City to ensure conformance with the standards identified herein.
F.2.c
Packet Pg. 3433 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT D
9.02.320 Reasonable accommodation procedures.
A. Purpose and Intent. It is the purpose of this section to provide reasonable accommodations in the city’s zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.
B. Definitions. The following terms as used in this section shall, unless the context clearly indicates otherwise, have the following meanings:
“Applicant” means a person, business, or organization making a written request to the city for reasonable accommodation in the strict application of the city’s zoning and land use laws, rules, policies, practices and/or procedures. “Person with a disability” means an individual who has a physical or mental impairment that limits one or more of that person’s major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment. Such an impairment shall not include an individual’s current, illegal use of a controlled substance.
“Fair Housing Laws” means the “Federal Fair Housing Act” (42 U.S.C. Section 3601, et seq.), the Americans with Disabilities Act, and the “California Fair Employment and Housing Act” (California Government Code Section 12900, et seq.), as these statutes now exist or may be amended from time to time, and each Act’s implementing regulations.
“Reasonable accommodation” in the land use and zoning context, reasonable accommodation means providing individuals with disabilities or developers of housing for people with disabilities with flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to provision of housing or service opportunities.
C. Authority of the Planning Official. The planning official is hereby designated to approve, conditionally approve, or deny, without public hearing, all applications for a reasonable accommodation.
D. Procedure for Application Review.
1. Applicant. A request for a reasonable accommodation may be made by any person with a disability, his or her representative, or a developer or provider of housing for individuals with a disability.
2. Application. An application for a reasonable accommodation shall be made on a form provided by the planning department. No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits. If an individual needs assistance in making the F.2.c
Packet Pg. 3434 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT D
request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible.
3. Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit.
4. Required Submittals. An application for a reasonable accommodation shall include the following:
a. Documentation that the applicant is: (i) a person with a disability, (ii) applying on behalf of one or more persons with a disability, or (iii) a developer or provider of housing for one or more persons with a disability;
b. The name and address of the individual(s) requesting the reasonable accommodation;
c. The name and address of the property owner(s);
d. The address of the property for which accommodation is requested; e. A description of the reasonable accommodation requested by the applicant;
f. An explanation of how the specific reasonable accommodation requested by the applicant is necessary to provide one or more persons with a disability an equal opportunity to use and enjoy the residence;
g. Where applicable, documentation that the requested
accommodation is designed and constructed pursuant to Title 24 of the California Code of Regulations to allow access, circulation and full use of the building and facilities by persons with disabilities.
5. The planning director may request additional information from the applicant if the application does not provide sufficient information for the city to make the findings required in subsection E of this section.
E. Basis for Approval or Denial of a Reasonable Accommodation.
1. Findings. The written decision shall be based on the following findings, all of which are required for approval:
F.2.c
Packet Pg. 3435 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT D
a. The requested accommodation is requested by or on behalf of one or more persons with a disability protected under the Fair Housing Laws.
b. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.
c. The requested accommodation will not impose an undue financial or administrative burden on the city.
d. The requested accommodation will not result in a fundamental alteration in the nature of the city’s zoning program.
e. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.
2. In determining whether the requested reasonable accommodation is necessary to provide one or more persons with a disability an equal opportunity to use and enjoy a dwelling, the city may consider, but is not limited to, the following factors:
a. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability; b. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;
c. In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants;
d. In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.
3. Rules While Decision is Pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
F. Notice of Decision.
F.2.c
Packet Pg. 3436 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT D
1. The planning director shall issue a written determination to approve, conditionally approve, or deny a request for a reasonable accommodation.
The planning director may elect to forward the matter to the planning commission for consideration of the application.
2. Appeals of the director’s action shall be made in accordance with Section
9.02.240.
G. Expiration, Time Extension, Violation, Discontinuance, and Revocation.
1. Expiration. Any reasonable accommodation approved in accordance with the terms of this section shall expire within twenty-four (24) months from the effective date of the approval, or at an alternative time specified as a condition of the approval, unless:
a. A building permit has been issued and construction has commenced; b. A certificate of occupancy has been issued;
c. The use is established; or
d. A time extension has been granted.
2. Time Extension.
a. The planning director may, upon an application being filed prior to expiration and for good cause, grant a time extension of up to three one-year extensions of time. Each extension of time shall be granted in one-year increments only. Upon granting of an extension, the planning director shall ensure that conditions of the administrative approval comply with all current development code provisions. b. Notice. Notice of the planning director’s decision on a time extension shall be provided in writing. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process.
c. Appeal of Determination. A time extension for a reasonable accommodation shall be final unless appealed to the city council within fourteen (14) calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in Section
9.02.240 of this code.
3. Discontinuance. If the person(s) with a disability for whom the reasonable accommodation was originally granted vacate the residence to which the reasonable accommodation appliesthe reasonable accommodation shall remain in effect only if the planning director determines that: (a) the F.2.c
Packet Pg. 3437 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT D
modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the municipal code; or (b) the accommodation is necessary to give another person with a disability an equal opportunity to enjoy the dwelling. The planning director may request that the applicant, or his/her successor-in-interest, provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within thirty (30) days of the date of a request by the city shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation.
4. Revocation. Procedures for revocation shall be as prescribed by Section
9.02.260. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.
H. Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The planning director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.
F.2.c
Packet Pg. 3438 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT E
9.09.300 SB9 Two-Unit Residential Developments.
A. Purpose and Intent. The purpose of this section is to regulate qualifying SB 9 twounit residential developments and urban lot splits within single- family residential zones in accordance with California Government Code Sections 65852.21 and 66411.7.
B. Applicability. The standards and limitations set forth in this section shall apply to urban lot splits and the development and use of SB 9 two-unit residential developments within a single-family residential zone in the City, notwithstanding any other conflicting provisions of this code. In the event of a conflict between the provisions of this section and any other provision of this code, the provisions of this section shall prevail.
C. Permit Application and Review Procedures. An application for an SB 9 two-unit residential development or an urban lot split shall be submitted on a form prescribed by the City, along with all information and materials prescribed by such form. The Community Development Director will review the application for consistency with state law, consider and approve or disapprove a complete application for an SB 9 two-unit residential development or an urban lot split ministerially, without discretionary review or public hearing.
1. Nonconforming Conditions. An SB 9 two-unit residential development may only be approved if all nonconforming zoning conditions are corrected. The correction of legal nonconforming zoning conditions is not a condition for ministerial approval of a parcel map for an urban lot split.
2. Effectiveness of Approval. The ministerial approval of an SB 9 two-unit residential development or a parcel map for an urban lot split does not take effect until the city has confirmed that all required documents have been recorded.
3. Hold Harmless. Approval of an SB 9 two-unit residential development or a parcel map for an urban lot split shall be conditioned on the applicant agreeing to defend, indemnify and hold harmless the city, its officers, agents, employees and/or consultants from all claims and damages (including attorney’s fees) related to the approval and its subject matter.
4. Specific and/or Adverse Impacts. Notwithstanding anything else in this section, the Community Development Director may deny an application for an SB 9 two-unit residential development or a parcel map for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
F.2.c
Packet Pg. 3439 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT E
D. Qualifying Requirements. A proposed urban lot split or SB 9 two-unit residential development must meet all of the following requirements in order to qualify for ministerial review pursuant to the provisions of this section. It shall be the responsibility of the applicant to demonstrate to the reasonable satisfaction of the Community Development Director that each of these requirements is satisfied. The applicant and each owner of the property shall provide a sworn statement, attesting to all facts necessary to establish that each requirement is met.
1. The subject property shall be located within a single-family residential zone.
2. The proposed development shall not be located on any site identified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of California Government Code Section 65913.4, unless the development satisfies the requirements specified therein. Such sites include, but are not limited to, prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat preservation.
3. The proposed development shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the California Public Resources Code.
4. The proposed development shall not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
5. The proposed development shall not require the demolition or alteration of housing that is subject to any form of rent or price control.
6. The proposed development shall not require the demolition or alteration of housing that has been occupied by a tenant within the last three (3) years.
7. If any existing or previously demolished housing unit on the lot has been occupied by a tenant in the last three (3) years, the proposed development shall not involve the demolition of more than 25 percent of the existing exterior structural walls of any housing unit on the lot.
8. The subject property shall be owned solely by one or more individual property owners.
9. In the case of an urban lot split, the lot proposed to be subdivided shall not have been established through a prior urban lot split.
11. In the case of an urban lot split, the lot proposed to be subdivided (“subject lot”) is not adjacent to any lot that was established through an urban lot split by the owner of the subject lot or by any person acting in concert with the owner of the subject lot.
F.2.c
Packet Pg. 3440 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT E
12. No unpermitted construction or illegal nonconforming zoning conditions shall exist on the property.
13. All units shall have a dedicated address.
E. Permitted Locations. A lot on which an urban lot split or SB 9 two-unit residential development is proposed must be located within a single-family residential zone.
A lot located within a multiple-family or mixed-use zone shall not be eligible to be subdivided through an urban lot split or developed with an SB 9 two-unit residential development pursuant to this section.
F. Number of Dwelling Units Permitted on a Lot.
1. Notwithstanding any other provisions of this code, state law requires the city to permit a lot located within a single-family residential zone to contain two primary dwelling units, provided both units are developed and maintained in compliance with the standards and requirements set forth in this section.
2. Provided the lot is not subdivided or created through an urban lot split, development of two primary dwelling units on a lot through an SB 9 two-unit residential development in conformance with this section does not preclude the development or maintenance of one or more ADUs and/or JADUs on the lot to the extent permitted by Section 9.09.130 and state law.
3. No more than two (2) dwelling units of any kind may be constructed or maintained on a lot that results from an urban lot split. For purposes of this subdivision, the two-unit limitation applies to any combination of primary dwelling units, ADUs, and JADUs.
G. Separate Conveyance.
1. Primary dwelling units located on the same lot may not be owned or conveyed separately from one another. All fee interest in a lot and all dwellings must be held equally and undivided by all individual owners of the lot.
2. Separate conveyance of the two lots resulting from an urban lot split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, or if the two lots share a driveway, appropriate covenants, easements or similar documentation allocating legal and financial rights and responsibilities between the owners of the two lots (“CC&Rs”) for construction, reconstruction, use, maintenance, and improvement of the attached structures and any related shared drive aisles, parking areas, or other portions of the lot must be recorded before the city will approve a final parcel map for the urban lot F.2.c
Packet Pg. 3441 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT E
split. Notwithstanding the provision of such CC&Rs, however, where attached structures and/or related shared facilities span a lot line resulting from an urban lot split, all owners of both lots shall be jointly and severally responsible for the use and maintenance of such structures and/or shared facilities in compliance with all provisions of this Code.
3. Condominium airspace divisions and common interest developments are not permitted on a lot created through an urban lot split or containing an SB 9 two-unit residential development.
H. Residential Use Only. No non-residential use is permitted on any lot created through an urban lot split or containing an SB 9 two-unit residential development.
I. No Short-Term Rentals Permitted. The rental of any dwelling unit on a lot created through an urban lot split or containing an SB 9 two-unit residential development shall be for a term longer than 30 consecutive days.
J. Housing Crisis Act Replacement Housing Obligations. If the proposed development will result in the demolition of protected housing, as defined in California Government Code Section 66300, the applicant shall replace each demolished protected unit and comply with all applicable requirements imposed pursuant to subsection (d) of Government Code Section 66300.
K. Standards and Requirements. A qualifying SB 9 two-unit residential development and any development on a lot created through an urban lot split shall be subject to the standards and criteria set forth in this section.
1. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
2. Except for those circumstances described above in K.1, the setback for side and rear lot lines shall be four feet. The front setback shall be as set forth in the single-family residential zone.
3. Except for those circumstances described above in D. Qualifying Requirements, the demolition or alteration of a structure is allowed for developments proposed under this Section.
4. The applicant shall provide easements for the provision of public services and facilities as required.
5. Off-street parking shall be limited to one space per unit, except that no parking requirements shall be imposed if the parcel is located within onehalf mile walking distance of either a high-quality transit corridor as defined by Public Resources Code section 21155(b) or a major transit stop as defined in Public Resources Code section 21064.3.
F.2.c
Packet Pg. 3442 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT E
6. Any residential accessory structure proposed in conjunction with or following the development of, a two-unit residential development shall meet the requirements of Section 9.08.030 (Accessory structures) of Chapter
9.08 (General Development Standards).
7. All setback areas, and all areas not designated for walkways, parking, drive aisles, and private open space, shall be fully landscaped and irrigated. Each development shall comply with the landscaping and irrigation requirements contained in Section 9.17.070 (Single-family residential development) of Chapter 9.17 (Landscape and Water Efficiency Requirements).
8. If there is an existing primary dwelling that was legally established on the lot prior to the filing of a complete application for a two-unit development or an urban lot split, any new additional primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch.
9. If two new primary dwelling units are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch.
10. All developments shall provide each unit with the appropriate number of containers for recyclables, organics, and non- recyclable solid waste (“trash containers”).
L. Additional Requirements for Urban Lot Splits.
1. An urban lot split must conform to all applicable objective requirements of the Subdivision Map Act, including implementing requirements in this code, except as otherwise provided in this section. Notwithstanding the foregoing, no dedication of rights-of-way or construction of offsite improvements is required solely for an urban lot split.
2. Lot Size. The parcel map for an urban lot split must subdivide an existing lot to create no more than two new lots of approximately equal lot area, provided that one lot shall not be smaller than 40 percent of the lot area of the original lot proposed for subdivision. Both newly created lots must each be no smaller than 1,200 square feet.
M. Easements.
1. The owner must enter into an easement agreement with each utility/publicservice provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
2. Each easement must be shown on the tentative parcel map and the final parcel map.
3. Copies of the unrecorded easement agreements must be submitted with F.2.c
Packet Pg. 3443 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT E
the application. The easement agreements must be recorded against the property before the final parcel map may be approved.
N. Improvements required. Each resulting lot must be developed in accordance with improvement plans processed concurrently with the parcel map application and approved by the city, showing the location and dimensions of all structures, drive aisles, parking areas, pedestrian pathways, and other improvements proposed to be constructed or to remain on each lot.
Approval of a parcel map for an urban lot split shall be subject to the City’s approval of such related improvement plans and all related entitlements or other approvals required by this code. Any proposed development on one of the lots that is inconsistent with or not shown on the improvement plans approved concurrently with the urban lot split shall be subject to review and approval by the city in accordance with the applicable requirements of this code.
O. Deed restrictions. Prior to approval of a parcel map for an urban lot split and/or the issuance of a building permit for the development of an SB 9 two-unit residential development, the owner(s) of record of the property shall provide a copy of a covenant agreement, declaration of restrictions, or similar deed restriction (“deed restriction”) recorded against the property in a form acceptable to the City, and that does each of the following:
1. Expressly requires the rental of any dwelling unit on the property be for a term longer than 30 consecutive days.
2. Expressly prohibits any non-residential use of the lot.
3. Expressly prohibits primary dwelling units located on the same lot from being owned or conveyed separately from one another.
4. Expressly requires all fee interest in each lot and all dwellings to be held equally and undivided by all individual owners of the lot.
5. Expressly prohibits condominium airspace divisions and common interest developments on the property.
6. States that the property was formed and/or developed pursuant to the provisions of this section and is therefore subject to the city regulations set forth in this section, including all applicable limits on dwelling size and development.
7. Expressly prohibits more than two (2) dwelling units of any kind from being constructed or maintained on a lot that results from an urban lot split.
8. States the following:
F.2.c
Packet Pg. 3444 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT E
a. That the deed restriction is for the benefit of and is enforceable by the city;
b. That the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns;
c. That lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property;
d. That, if the city is required to bring legal action to enforce the deed restriction, then the city shall be entitled to its attorneys’ fees and court costs; and
e. That the deed restriction may not be modified or terminated without the prior written consent of the City.
P. Definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. “Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU)” shall have the meanings ascribed to these terms in Section 9.09.130. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, limited partnership, limited liability company, C corporation, S corporation, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code Section 214.15). “New primary dwelling unit” means either a new, additional dwelling unit that is created or an existing dwelling unit that is expanded, but does not include an ADU or a JADU.
“Single-family residential zone” shall have the same meaning as in California Government Code Section 65852.21. A single-family residential zone includes all Single-Family Residential zoning district and any property within a planned unit development district or a specific plan area where a single-family dwelling is a permitted use, but a duplex, triplex, or multiple-family dwelling is not a permitted or conditionally permitted use.
“SB9 two-unit residential development” shall mean a housing development containing no more than two primary residential units within a single-family residential zone that qualifies for ministerial review pursuant to California Government Code Section 65852.21 and this section. A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing primary unit.
F.2.c
Packet Pg. 3445 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT E
“Urban lot split” shall have the same meaning as stated in California Government Code Section 66411.7.
Q. Interpretation. The provisions of this section shall be interpreted to be consistent with the provisions of California Government Code Sections 65852.21 and 66411.7 and shall be applied in a manner consistent with state law. The city shall not apply any requirement or development standard provided for in this section to the extent prohibited by any provision of state law.
F.2.c
Packet Pg. 3446 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT F
9.09.310 Supportive and Transitional Housing.
A. Use and Zoning. Supportive and transitional housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. This includes residential zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development satisfies all of the requirements of Government Code Section 65651.
B. Definitions. For the purposes of this section, certain words or phrases used in this section are defined as follows:
1. “Supportive housing” means a facility that provides housing with no limit on length of stay, that is occupied by the target population as defined by Section 50675.14 of the California Health and Safety Code, and that is linked to on-site or off-site services that assist tenants in retaining housing, improving their health status, maximizing their ability to live and, when possible, work in the community.
2. "Transitional housing" and "transitional housing development" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months (Health and Safety Code Section 50675.2(h)).
3. "Target population" means adults with low income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services under the Lanterman Developmental Disabilities Services Act (Division 4.5 of the Welfare and Institutions Code, commencing with Section 4500) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people (Health and Safety Code Section 50675.14(3)(A).
F.2.c
Packet Pg. 3447 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT G
9.13.080 Adoption/amendment procedure.
A specific plan shall be adopted, amended and repealed by resolution and may be amended as often as deemed necessary by the legislative body.
F.2.c
Packet Pg. 3448 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT H
9.14.240 Parcel Maps for Urban Lot Splits
A. Purpose and Intent. The purpose of this section provides the provisions to the processing of parcel maps for urban lot splits pursuant to California Government Code section 66411.7 and Section 9.09.300 (SB 9 Two-Unit Residential Developments) of the Moreno Valley Municipal Code.
B. Applicability. Notwithstanding the Subdivision Map Act or any other provision of this section, an application for a parcel map for an urban lot split is approved or denied ministerially, by the City’s Community Development Director without discretionary review. A tentative parcel map for an urban lot split is approved ministerially if it complies with the requirements of Section 9.09.300 (SB 9 TwoUnit Residential Developments) and applicable objective requirements of Chapter
9.14 (Land Divisions), and the Subdivision Map Act. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements.
C. Guidance and Procedures. The City Engineer has the authority to interpret and establish guidance and procedures for the processing, approving, and finalizing parcel maps for urban lot splits, which are consistent with state and local law.
F.2.c
Packet Pg. 3449 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT I
9.16.150 Commercial (retail, office, mixed use).
A. Commercial design guidelines address the various types and intensities of commercial uses allowed for in the general plan. They include neighborhood commercial, community commercial, tourist recreational commercial, village commercial, office commercial and office.
1. Neighborhood Commercial: provides for the daily shopping needs of area residents with a wide range of common retail and personal service needs.
2. Community Commercial: more intense than neighborhood commercial, provides for the general shopping needs of area residents and workers with a wide variety of retail and personal services.
3. Tourist Recreational Commercial: provides those commercial support activities that are necessary or incidental to recreation uses while meeting the personal service needs of both tourists and city residents alike.
4. Village Commercial: provides for office-related and commercial development within the Moreno townsite. It is the further intent of this designation to promote development which recognizes the historic significance of the site and projects a “turn-of-the-century” architectural atmosphere, yet provides limited retail commercial services that are compatible with the surrounding residential community.
B. General Guidelines.
1. Commercial development shall be compatible with adjacent residential areas by incorporating landscape buffers planted with a mix of flowering, screening and spreading plants, by using low mass, low height building elements, by locating loading and trash collection areas away from residential property lines and by directing circulation away from residential neighborhoods.
2. Commercial development shall have a central place, main focal feature or point of-emphasis, including pedestrian seating, shade structures, sculpture, water elements, centralized outdoor dining or any combination of these elements.
3. New development should respect pedestrian needs by incorporating pedestrian ways and plazas that provide visual interest at the street level, shelter from the elements and adequate street furniture. This guideline is intended to enhance pedestrian related features in concert with quality architecture that would not require variance approval if incorporated as a feature of design.
4. The development of new, small convenience centers on sites less than eight acres is discouraged.
F.2.c
Packet Pg. 3450 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT I
5. Architectural elements shall be an integral part of the façade design, avoiding the “pasted-on” look.
6. Building façades should relate to overhangs, awnings, trellises and porticoes, incorporating these elements into building massing.
7. Pedestrian covered walks should have a clear walking width of seven feet along retail storefronts. Walkway width may be up to twelve (12) feet to accommodate columns, furniture or building articulation.
8. Large structures shall incorporate varied setbacks and variations in massing of building bulk.
9. Continuous, blank building elevations shall be avoided, particularly when visible from public rights-of-way.
10. Continuous building mass should be divided into smaller units, providing both variety and scale.
11. Loading areas shall be oriented away from street side elevations whenever possible and shall be screened from public view with a combination of walls and landscaping.
12. Building placement within office developments shall occur at or near the street setback line to bring the architectural image to the street and to remove parking lots to the extent possible from the streetscape.
13. Vehicular and pedestrian travel shall be separated to the best possible extent, providing for a safe pedestrian environment and smooth traffic flow.
14. Pedestrian walkways shall be provided in larger parking lots, encouraging foot travel out of vehicular drive lanes.
15. Freestanding or clustered retail, restaurant and office pads are encouraged, helping to add variety to the site plan and to introduce interesting architectural elements.
16. Interparcel access shall be provided between commercial centers, reducing the number of drive approaches from the street and encouraging commercial “crossover.”
17. Entry drive throats shall be at least sixty (60) feet long from property line for major commercial projects, providing adequate queuing for outbound traffic and smoothing inbound traffic flow.
18. Each commercial center of five acres or more shall have at least one major entry containing a median.
F.2.c
Packet Pg. 3451 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT I
19. The “strip” commercial image is discouraged. New development should provide variety and articulation in storefront footprints, elevations and roofline.
20. There shall be landscaped strip equal to the building height where a commercial use is located adjacent to residentially zoned property.
21. Office developments shall provide courtyards for each building convenient to office users, incorporating seating, sculpture, accent landscaping and shelter. These shelters will allow for small lunch gatherings or relaxation.
22. Office developments shall have decentralized parking. Parking shall be oriented to the building it is intended to serve and shall be spread throughout the site, lessening the impact of an expansive parking lot.
23. Office developments shall offer interesting site plans by providing several detached or clustered buildings.
24. Access to service bays of automotive uses shall be from the interior of the site.
25. Service stations, mini markets and other automobile-related uses shall have architectural details consistent with the overall project design. Access to service bays will be from the interior of the service station site. Window placement should be sensitive to casual police surveillance.
26. Hotels 4 stories and over shall include rooftop amenities (e.g., restaurant, bar, swimming pool or other amenities as accepted by the Community Development Director).
27. Freestanding buildings should incorporate distinctive massing, adding interest to the site and vicinity.
28. Intimate scale in building design and materials selection is encouraged, emphasizing comfort and warmth.
29. All rooftop equipment shall be part of the project design or be screened and located out of view from the pedestrian level, public rights-of-way, adjacent freeways and neighboring structures. Flat-roof drainage pipes shall be integrated into the project design and drain into a landscape area for water quality, retention and absorption to reduce water run-off.
30. Architectural design of new projects shall be mindful of the surrounding district’s urban fabric, providing a design statement to enhance the context and to upgrade the overall image. 86 Continuous Mass Divided to Provide Scale
F.2.c
Packet Pg. 3452 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus)
EXHIBIT I
Continuous Mass Divided to Provide Scale
Commercial Center with Separated Pedestrian and Auto Circulation F.2.c
Packet Pg. 3453 Attachment: Ordinance XXX - Title 9 (Planning and Zoning) [Revision 1] (5859 : Spring Omnibus) Report to City Council
ID#5624 Page 1
TO: Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of the
Moreno Valley Community Services District (CSD)
FROM: Brian Mohan, Assistant City Manager
AGENDA DATE: June 21, 2022
TITLE: PUBLIC HEARING TO CONTINUE MORENO VALLEY
COMMUNITY SERVICES DISTRICT ANNUAL PARCEL
TAXES AND CHARGES FOR FISCAL YEAR 2022/23
(ZONES A, C, D, E, M, AND S) (RESO. NOS. CSD 2022-__,
CSD 2022-__, CSD 2022-__, CSD 2022-__, CSD 2022-__
AND CSD 2022-__)
RECOMMENDED ACTION
Recommendations: That the CSD:
1. Conduct a Public Hearing to consider continuing the current Zones A, C, D, E, M, and S Moreno Valley Community Services District annual parcel taxes and charges as proposed for Fiscal Year 2022/23.
2. Adopt Resolution No. CSD 2022-__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Approving the Continuation of the Maximum and Applied Parcel Tax for Providing Zone A (Parks and Community Services) Services During Fiscal Year 2022/23, and Calculation Thereof.
3. Adopt Resolution No. CSD 2022-__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Approving the Continuation of the Maximum and Applied Parcel Tax for Providing Zone C (Arterial Street and Intersection Lighting) Services During Fiscal Year 2022/23, and Calculation Thereof.
4. Adopt Resolution No. CSD 2022-__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Approving the Continuation of the Maximum and Applied Parcel F.3
Packet Pg. 3454
Charges for Providing Zone D (Parkway Landscape Maintenance) Services During Fiscal Year 2022/23, and Calculation Thereof.
5. Adopt Resolution No. CSD 2022-__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Approving the Continuation of the Maximum and Applied Parcel Charges for Providing Zone E (Extensive Landscape Maintenance) Services During Fiscal Year 2022/23, and Calculation Thereof.
6. Adopt Resolution No. CSD 2022-__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Approving the Continuation of the Maximum and Applied Parcel Charges for Providing Zone M (Commercial/Industrial/Multifamily Improved Median Maintenance) Services During Fiscal Year 2022/23, and Calculation Thereof.
7. Adopt Resolution No. CSD 2022-__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Approving the Continuation of the Maximum and Applied Parcel Charges for Providing Zone S (Sunnymead Boulevard Maintenance) Services During Fiscal Year 2022/23, and Calculation Thereof.
8. Authorize the Chief Financial Officer to adjust the proposed charges in the event there are any parcel changes, clerical errors, or other adjustments as may be necessary between the date the parcel charges were calculated and the date the fixed charges are submitted to the County of Riverside, provided the applied charges do not exceed the maximum charges and are in compliance with the formation documents for each zone.
SUMMARY
This report recommends the Board of the Moreno Valley Community Services District (“CSD Board”) conduct a Public Hearing and consider adoption of the resolutions (Attachments 1 through 6), which authorize the levy of parcel taxes (Zone A and Zone C) and parcel charges (Zones D, E, M, and S) (collectively “parcel charges”) on the fiscal year (FY) 2022/23 property tax roll. This is a routine process that occurs each year.
The proposed parcel charges are a continuation of the parcel charges currently levied on the property tax bills. There are no increases proposed to the maximum parcel charge rates other than an annual inflationary adjustment, provided the qualified electors (property owners or registered voters) previously approved such adjustment.
Revenue received from the parcel charges funds the cost of parks and community services programs (Zone A), the operation of the arterial street lighting program (Zone C), and ongoing maintenance of certain public landscape areas (Zones D, E, M, and S).
F.3
Packet Pg. 3455
The Finance Subcommittee was scheduled to review the annual inflationary adjustments proposed to be applied to the maximum charge rates, if previously authorized by the property owners, at its February 22, 2022 meeting.
DISCUSSION
The CSD was formed simultaneously with City incorporation to provide a variety of benefit services. Zones within the CSD were established to allocate costs to those parcels that receive benefit from the services provided. Property owners of benefitting parcels in the zones pay a parcel charge, which is levied on their annual property tax bill, to fund parks and community services (Zone A), arterial street lighting (Zone C), and public landscape maintenance (Zones D, E, M, and S).
Each year, the CSD Board must conduct a Public Hearing (Government Code Section 61115) to receive public input on the proposed levy. The parcel charges cannot be levied on the property tax roll nor can an adjustment be made to the maximum parcel charge rate unless the qualified electors previously approved and the CSD Board annually authorizes such actions. Approval of the resolutions sets the maximum and applied parcel charge rates for each zone. The resolutions also authorize the County to levy the parcel charges on the FY 2022/23 property tax roll.
The Annual Levy Report (“Report”) describes each zone, its improvements, services funded, annual budget, maximum and applied parcel charge rate, and the method of calculation of the parcel charges proposed for each parcel. Boundary maps for each zone (Attachment 7) are also included in the Report. An individual analysis of each zone, its current service level (landscape maintenance), projected expenses, estimated fund balance, assigned reserve levels, proposed capital improvement projects, and whether or not the property owners have authorized an inflationary adjustment was reviewed as part of the Report preparation. The Report is on file in the office of the Secretary of the CSD Board (City Clerk) and is accessible from the City’s website (www.moval.org/sf).
At the time the City accepts an area’s public landscaping for maintenance (Zones D, E, M, and S), the parcel charge is set at a rate sufficient to fund the City’s standard frequency of services, Level 1 (4-week rotation). For those areas where costs to maintain the landscaping have increased and the property owners have not approved a mail ballot proceeding to adjust the parcel charge rate to fund those increases, the maintenance services have been reduced to a level consistent with available funding.
The current service level for each landscape maintenance zone, and area within, are included in the Report.
The maximum parcel charge rate is the maximum amount that can be used to calculate the parcel charge levied on the property tax roll. If the qualified electors previously approved an annual inflationary adjustment, the Report recommends adjusting the maximum rates by the adjustment. The Report identifies which zones do not have a qualified elector approved adjustment.
F.3
Packet Pg. 3456
The applied parcel charge rate is the amount that is used to calculate the parcel charge actually levied on the property tax roll. It is the amount necessary to fund the services of the zones, including administration and reserves, for the upcoming fiscal year. The applied parcel charge rate cannot exceed the maximum parcel charge rate. The proposed maximum and applied charges, by parcel, are included in the Report.
Conflict of Interest Analysis
Regarding a special financing district pertaining to the provision of a public service, a council member who lives in said district may participate in adjusting the amount of the district’s parcel charge so long as the increase or decrease is the same for everyone else living within the zones. This is known as the “Public Generally Exception.” FPPC Regulations § 18703. Public Generally.
(e) Specific Rules for Special Circumstances. The financial effect on a public official's financial interest is deemed indistinguishable from that of the public generally where there is no unique effect on the official's interest if the official establishes:
(1) Public Services and Utilities. The decision sets or adjusts the amount of an assessment, tax, fee, or rate for water, utility, or other broadly provided public services that is applied equally, proportionally, or by the same percentage to the official's interest and all businesses, properties, or individuals subject to the assessment, tax, fee, or rate. This exception does not apply if the decision would impose the assessment, tax or fee, or determine the boundaries of a property, or who is subject to the assessment, tax, or fee. Under this exception, an official is only permitted to take part in setting or adjusting the amount of the assessment, tax, or fee, once the decisions to implement, and determine the property or persons subject to the assessment, tax, or fee, have already been made.
This action meets the Strategic Plan Priorities by providing the financial resources to manage and maximize Moreno Valley’s public infrastructure to ensure an excellent quality of life; to promote an active and engaged community where we work together to beautify our shared environment, care for each other, and enjoy access to cultural and recreational amenities that support a high quality of life for all of our residents as envisioned and articulated throughout the City’s adopted General Plan; and, to improve the lives and futures of our City’s youth by expanding healthy lifestyle choices and learning opportunities.
ALTERNATIVES
1. Conduct the Public Hearing and approve the recommended actions as presented. Staff recommends this alternative, as it will allow for collection of revenue necessary to fund the programs and services the zones were F.3
Packet Pg. 3457
created to provide. This alternative will avoid burdening the General Fund to provide the services
2. Conduct the Public Hearing and do not approve the recommended actions. Staff does not recommend this alternative as it may prevent the City from levying the FY 2022/23 parcel charges on the property tax roll and collecting the funding to support the programs and services the zones were created to provide. Selection of this alternative may require a contribution from the General Fund.
3. Open the Public Hearing but continue consideration of the remaining recommendations to a future regular CSD Board meeting. Staff does not recommend this alternative as it may prevent the City from meeting the County’s deadline to include the parcel charges on the 2022/23 property tax roll.
FISCAL IMPACT
Property owners pay the CSD parcel charge as a part of their annual property tax bill.
The parcel charge rate, including inflationary adjustments where applicable, has been approved by the qualified electors through prior proceedings. Funds received for the benefit of each zone are restricted and can only be used to fund the operation and services of that zone. The table below provides a summary of the proposed parcel charge rates for FY 2022/23. Tract/parcel specific rates and charges for Zones D and M are available in the attached resolutions and the Report.
F.3
Packet Pg. 3458
Maximum Applied Maximum Applied
A
3 49,241 Per parcel/
dwelling unit $ 87.50 $ 87.50 $ 87.50 $ 87.50 0.00% $ - $ 5,115,600.00 C
3 48,014 Per parcel $ 9.00 $ 9.00 $ 9.00 $ 9.00 0.00% $ - $ 432,126.00 D
4,5 11,437 Per parcel varies varies varies varies 6.57% varies $ 1,200,595.24 E-76 40 Per acre $ 849.58 $ 849.58 $ 905.39 $ 905.39 6.57% $ 55.81 $ 149,796.34 404 Per parcel $ 663.59 $ 30.12 $ 707.18 $ 30.12 6.57% $ - $ 12,168.48 225 Per condo unit $ 234.91 $ 10.42 $ 250.34 $ 10.42 6.57% $ - $ 2,344.50 M
4,5,8 87 Per parcel varies varies varies varies 6.57% varies $ 175,164.42 S 131 Per front
linear foot $ 3.479700 $ 3.479700 $ 3.708316 $ 3.708316 $ 0.23 3.24% $ 70,581.58 $ 7,158,376.56
Community Services Districts (Zones A, C, D, E, and M)
Proposed Annual Parcel Charge Rates1
E-87
Parcel Count
(est.)
Charge
Category
FY 2021/22
Zone
FY 2022/23 Change in
Applied
Adjustment to
Maximum2
Charge
Revenue
Total Projected Parcel Charge Revenue
1 "Parcel Charge" = parcel tax and parcel charge. Zones A and C are parcel taxes; Zones D, E, and M are parcel charges. Rates for Zones D and M can be found in the Report.
2 Annual adjustment to maximum charge as approved by qualified electors. Based on percentage change calculated for the prior year in the Los AngelesLong Beach-Anaheim Regional Consumer Price Index (CPI), as published by the Department of Labor’s Bureau of Labor Statistics (6.57%) 3 Property owners have not approved an inflationary adjustment. 4 28 of the 103 Zone D tracts and 3 parcels in Zone M do not have an approved annual adjustment. 5 Costs shared based on the area of public landscaping maintained and the number of parcels sharing in the cost. 6 Includes hand bills parcels
7 Applied a lower rate to use unassigned reserves. Affects all parcels in Zone E-8 and some parcels in Zone M. 8 Rate per parcel in Zone M is calculated based on square footage of landscaping; cost spread proportionately to ballot group by linear footage or acreage.
For FY 2022/23, the parcel charges are projected to generate $7,158,376.56 in revenue. Total projected expenditures for these zones, are $14,845,242.44. Other revenue sources to the District (e.g. interest income, property taxes), and in some cases, the use of available unassigned reserves for certain zones are programmed to fund the difference between the projected parcel revenue and expenditures.
The City’s FY 2022/23 Adopted Operating Budget includes a General Fund contribution of $459,943.00. For Zone C, the projected revenue from the parcel charge alone is insufficient to fund the operation of the arterial and intersection street lighting program.
The General Fund contributes the difference between the projected revenue and expenditures. The General Fund also provides financial support to Zone M for certain landscape areas constructed without a special financing district to fund their continued maintenance (e.g. Alessandro Blvd. entry monuments). The following table provides the total General Fund contributions for each zone.
District Description General Fund
Obligation
General Fund
Contribution Total
Zone C 1 Arterial and Intersection Street Lighting $ - $ 281,443.00 $ 281,443.00 Zone M 2 Landscape Maintenance (medians) $ 178,500.00 $ - $ 178,500.00 Total $ 459,943.00
1 Projected contribution included in adopted Operating Budget. The actual contribution may be lower than needed to cover expenses. In the event additional amounts are needed, a budget adjustment will be requested. 2General Fund Contribution supports landscape maintenance of certain medians or portions thereof and other landscaped areas where alternative funding does not exist.
F.3
Packet Pg. 3459
NOTIFICATION
On May 31, 2022, a Public Hearing notification was mailed to the property owners. A Notice of Public Hearing was also published in The Press-Enterprise on June 2 and June 9, 2022.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Kimberly Ganimian Brian Mohan
Special Districts Division Manager Acting Assistant City Manager Concurred By:
Jeremy Bubnik
Parks and Community Services Director
CITY COUNCIL GOALS
Public Facilities and Capital Projects. Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.
Positive Environment. Create a positive environment for the development of Moreno Valley's future.
Community Image, Neighborhood Pride and Cleanliness. Promote a sense of community pride and foster an excellent image about our City by developing and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
See the Discussion section above for details of how this action supports the City Council’s Strategic Priorities.
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
F.3
Packet Pg. 3460
1. Resolution Approving Annual Levy for CSD Zn A
2. Resolution Approving Annual Levy for CSD Zn C
3. Resolution Approving Annual Levy for CSD Zn D
4. Resolution Approving Annual Levy for CSD Zn E
5. Resolution Approving Annual Levy for CSD Zn M
6. Resolution Approving Annual Levy for CSD Zn S
7. Boundary Maps - Zones ACDEMS
APPROVALS
Budget Officer Approval ✓ Approved . 6/10/22 10:25 AM
City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 6/10/22 6:15 PM
F.3
Packet Pg. 3461
1 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
RESOLUTION NO. CSD 2022-___
A RESOLUTION OF THE BOARD FOR THE MORENO
VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY
OF MORENO VALLEY, CALIFORNIA, APPROVING THE
CONTINUATION OF THE MAXIMUM AND APPLIED
PARCEL TAX FOR PROVIDING ZONE A (PARKS AND
COMMUNITY SERVICES) SERVICES DURING FISCAL
YEAR 2022/23, AND CALCULATION THEREOF
WHEREAS, the Moreno Valley Community Services District (“CSD”) provides programs, improvements, and maintenance for parks and community services within Zone A and provides funding for such services, in part, through the collection of the CSD Zone A parcel tax against all assessable parcels within Zone A; and WHEREAS, the Community Services District Law of the State of California, California Government Code Section 61000 et seq. provides that such services may be funded, in whole or in part, by taxes which may be collected on the property tax roll in the same manner, by the same persons, at the same time as, and together with and not separately from, the general property taxes collected by the County for the benefit of the CSD; and
WHEREAS, the City Council, acting in its capacity as Board of Directors for the CSD (“CSD Board”), has determined that it is in the best interest of the CSD to have its taxes for Zone A (Parks and Community Services) services be so collected on the Riverside County property tax roll; and
WHEREAS, the CSD Board has determined that continuing the calculation and application of the tax as previously approved for each assessable parcel of real property or per actual dwelling unit within CSD Zone A will provide the necessary and equitable revenue stream to fund parks and community services by the CSD for fiscal year (FY) 2022/23; and
WHEREAS, a report identifying each assessable parcel of real property subject to the tax and the amount of the tax which is to be levied against each such parcel for FY 2022/23 (“Report”) is on file in the Office of the Secretary of the CSD (City Clerk), available for public inspection, and is incorporated herein by reference; and WHEREAS, notice of the filing of the Report, and of a hearing thereon, has been given as required by law; and
WHEREAS, the CSD Board has held said hearing, at which all persons wishing to be heard were heard, and at which hearing the CSD Board heard and considered all objections and protests, if any.
F.3.a
Packet Pg. 3462 Attachment: Resolution Approving Annual Levy for CSD Zn A (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 2 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY
SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. Incorporation of Recitals. The foregoing recitals are true and correct and incorporated herein by this reference.
2. Approval of Report. The above referenced Report is approved as filed, as the Report may have been modified by order of the CSD Board.
3. Maximum and Applied Special Tax Rate. The maximum and applied tax rate for FY 2022/23 to fund the costs of furnishing parks and community services within Zone A is $87.50 per assessable parcel of real property or per actual dwelling unit.
4. Confirming the Rates. The tax is hereby confirmed for each parcel of real property within CSD Zone A, as set forth in the Report
5. Collection of Special Taxes. The taxes set forth in the Report, as herein confirmed, shall be collected on the Riverside County property tax roll at the same time and in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the CSD may utilize a direct billing procedure for any taxes that cannot be collected on the Riverside County property tax roll or may, by resolution, elect to collect the taxes at a different time or in a different manner if necessary to meet its financial obligations, and if so collected, a delinquent penalty of 10% of the tax will attach at 5:00 p.m. on the date the tax becomes delinquent and interest at 1.5% per month of the delinquent tax will attach on July 1st after the delinquency date and the first of each month thereafter until such tax is paid. Notwithstanding anything to the contrary, in no event shall the total penalties, including any original delinquency fees, delinquency penalties, and interest thereon exceed the maximum amount permitted by law.
6. Proposition 218. As set forth in Resolution CSD 97-01, the existing Zone A parcel taxes are exempt from the requirements of Proposition 218 (Articles XIII C and XIII D of the California Constitution) so long as they are not increased and therefore are not subject to voter ratification at this time.
7. Modifications. The City’s Chief Financial Officer is authorized to adjust the special taxes levied on the property tax roll in the event there are any parcel changes, clerical errors, or other adjustments as may be necessary between the date the special taxes were calculated and the date the fixed charges are submitted to the County of Riverside, provided the applied special tax rate does not exceed the maximum special tax rate and is in compliance with the formation documents of Zone A.
8. Provision of Services. Nothing in this description of services or any Resolution or Ordinance of the CSD Board shall be construed as committing the CSD to provide F.3.a
Packet Pg. 3463 Attachment: Resolution Approving Annual Levy for CSD Zn A (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 3 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
all of the proposed services. The provision of services shall be subject to the availability of sufficient funding through the collection of special tax revenue within the District.
9. Severability. If any provision of this Resolution or the application of any such provision is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable and that the CSD Board declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
10.Certified Copy. The Secretary of the CSD is hereby ordered to forward a certified copy of this Resolution to the County of Riverside and to take such actions as are required for the collection of the tax.
11.Certification. The Secretary of the CSD shall certify to the adoption of this Resolution.
12.Effective Date. This Resolution shall become effective immediately upon its adoption.
APPROVED AND ADOPTED this 21st day of June 2022.
_____________________________________
By:
Acting in the capacity of President of the
Moreno Valley Community Services District
ATTEST:
____________________________
City Clerk, acting in the capacity of
Secretary of the Moreno Valley
Community Services District
APPROVED AS TO FORM:
____________________________
City Attorney, acting in the capacity
of General Counsel of the Moreno
Valley Community Services District
F.3.a
Packet Pg. 3464 Attachment: Resolution Approving Annual Levy for CSD Zn A (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 4 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Paul Bradvica, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2022-___ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 21st day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________
SECRETARY
(SEAL)
F.3.a
Packet Pg. 3465 Attachment: Resolution Approving Annual Levy for CSD Zn A (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 1 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
RESOLUTION NO. CSD 2022-___
A RESOLUTION OF THE BOARD FOR THE MORENO
VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY
OF MORENO VALLEY, CALIFORNIA, APPROVING THE
CONTINUATION OF THE MAXIMUM AND APPLIED
PARCEL TAX FOR PROVIDING ZONE C (ARTERIAL
STREET AND INTERSECTION LIGHTING) SERVICES
DURING FISCAL YEAR 2022/23, AND CALCULATION
THEREOF
WHEREAS, the Moreno Valley Community Services District (“CSD”) provides for the energy, pole, and maintenance costs for intersection and arterial street lighting services within Zone C and provides funding for such services, in part, through the collection of the CSD Zone C parcel tax against all assessable parcels within Zone C; and
WHEREAS, the Community Services District Law of the State of California, California Government Code Section 61000 et seq. provides that such services may be funded, in whole or in part, by taxes which may be collected on the property tax roll in the same manner, by the same persons, at the same time as, and together with and not separately from, the general property taxes collected by the County for the benefit of the CSD; and
WHEREAS, the City Council, acting in its capacity as Board of Directors for the CSD (“CSD Board”), has determined that it is in the best interest of the CSD to have its taxes for Zone C (Arterial Street and Intersection Lighting) services be so collected on the Riverside County property tax roll; and
WHEREAS, the CSD Board has determined that continuing the calculation and application of the tax as previously approved for each assessable parcel of real property within CSD Zone C, excluding properties in the Edgemont Community Services District, will provide the necessary and equitable revenue stream to fund the arterial and intersection street lighting services by the CSD for fiscal year (FY) 2022/23; and WHEREAS, a report identifying each assessable parcel of real property subject to the tax and the amount of the tax which is to be levied against each such parcel for FY 2022/23 (“Report”) is on file in the Office of the Secretary of the CSD (City Clerk), available for public inspection, and is incorporated herein by reference; and WHEREAS, notice of the filing of the Report, and of a hearing thereon, has been given as required by law; and
WHEREAS, the CSD Board has held said hearing, at which all persons wishing to be heard were heard, and at which hearing the CSD Board heard and considered all objections and protests, if any.
F.3.b
Packet Pg. 3466 Attachment: Resolution Approving Annual Levy for CSD Zn C (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 2 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY
SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. Incorporation of Recitals. The foregoing recitals are true and correct and incorporated herein by this reference.
2. Approval of Report. The above referenced Report is approved as filed, as the Report may have been modified by order of the CSD Board.
3. Maximum and Applied Special Tax Rate. The maximum and applied tax rate for FY 2022/23 to defray the costs of furnishing arterial street and intersection lighting services within Zone C is $9.00 per assessable parcel of real property.
4. Confirming the Rates. The tax is hereby confirmed for each parcel of real property within CSD Zone C, as set forth in the Report.
5. Collection of Special Taxes. The taxes set forth in the Report, as herein confirmed, shall be collected on the Riverside County property tax roll at the same time and in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the CSD may utilize a direct billing procedure for any taxes that cannot be collected on the Riverside County property tax roll or may, by resolution, elect to collect the taxes at a different time or in a different manner if necessary to meet its financial obligations, and if so collected, a delinquent penalty of 10% of the tax will attach at 5:00 p.m. on the date the tax becomes delinquent and interest at 1.5% per month of the delinquent tax will attach on July 1st after the delinquency date and the first of each month thereafter until such tax is paid. Notwithstanding anything to the contrary, in no event shall the total penalties, including any original delinquency fees, delinquency penalties, and interest thereon exceed the maximum amount permitted by law.
6. Proposition 218. As set forth in Resolution CSD 97-01, the existing Zone C parcel taxes are exempt from the requirements of Proposition 218 (Articles XIII C and XIII D of the California Constitution) so long as they are not increased and therefore are not subject to voter ratification at this time.
7. Modifications. The City’s Chief Financial Officer is authorized to adjust the special taxes levied on the property tax roll in the event there are any parcel changes, clerical errors, or other adjustments as may be necessary between the date the special taxes were calculated and the date the fixed charges are submitted to the County of Riverside, provided the applied special tax rate does not exceed the maximum special tax rate and is in compliance with the formation documents of Zone C.
8. Provision of Services. Nothing in this description of services or any Resolution or Ordinance of the CSD Board shall be construed as committing the CSD to provide F.3.b
Packet Pg. 3467 Attachment: Resolution Approving Annual Levy for CSD Zn C (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 3 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
all of the proposed services. The provision of services shall be subject to the availability of sufficient funding through the collection of special tax revenue for Zone C.
9. Severability. If any provision of this Resolution or the application of any such provision is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable and that the CSD Board declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
10.Certified Copy. The Secretary of the CSD is hereby ordered to forward a certified copy of this Resolution to the County of Riverside and to take such actions as are required for the collection of the tax.
11.Certification. The Secretary of the CSD shall certify to the adoption of this Resolution.
12.Effective Date. This Resolution shall become effective immediately upon its adoption.
APPROVED AND ADOPTED this 21st day of June 2022.
_____________________________________
By:
Acting in the capacity of President of the
Moreno Valley Community Services District
ATTEST:
____________________________
City Clerk, acting in the capacity of
Secretary of the Moreno Valley
Community Services District
APPROVED AS TO FORM:
____________________________
City Attorney, acting in the capacity
of General Counsel of the Moreno
Valley Community Services District
F.3.b
Packet Pg. 3468 Attachment: Resolution Approving Annual Levy for CSD Zn C (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 4 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Paul Bradvica, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2022-___ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 21st day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________
SECRETARY
(SEAL)
F.3.b
Packet Pg. 3469 Attachment: Resolution Approving Annual Levy for CSD Zn C (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 1 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
RESOLUTION NO. CSD 2022-___
A RESOLUTION OF THE BOARD FOR THE MORENO
VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY
OF MORENO VALLEY, CALIFORNIA, APPROVING THE
CONTINUATION OF THE MAXIMUM AND APPLIED
PARCEL CHARGES FOR PROVIDING ZONE D (PARKWAY
LANDSCAPE MAINTENANCE) SERVICES DURING
FISCAL YEAR 2022/23, AND CALCULATION THEREOF
WHEREAS, the Moreno Valley Community Services District (“CSD”) provides improvements and maintenance for parkway and median landscape within the Zone D and provides funding for such services through the collection of the CSD Zone D parcel charges from benefitting assessable parcels within Zone D; and WHEREAS, the Community Services District Law of the State of California, California Government Code Section 61000 et seq. provides that such services may be funded, in whole or in part, by charges which may be collected on the property tax roll in the same manner, by the same persons, at the same time as, and together with and not separately from, the general property taxes collected by the County for the benefit of the CSD; and
WHEREAS, the City Council, acting in its capacity as Board of Directors for the CSD (“CSD Board”), has determined that it is in the best interest of the CSD to have its charges for Zone D (Parkway Landscape Maintenance) services be so collected on the Riverside County property tax roll; and
WHEREAS, the property owners, where applicable, authorized an annual Consumer Price Index (CPI) adjustment to the maximum rates through prior proceedings; and
WHEREAS, the CSD Board has determined that continuing the calculation of the maximum and applied charges, including a CPI adjustment to the maximum rates, where applicable, and application of the charges for each assessable parcel of real property within CSD Zone D will provide the necessary and equitable revenue stream to fund the parkway and median landscape maintenance services by the CSD for fiscal year (FY) 2022/23; and
WHEREAS, a report identifying each assessable parcel of real property subject to the charge and the amount of the charge which is to be levied against each such parcel for FY 2022/23 (“Report”) is on file in the Office of the Secretary to the CSD (City Clerk), available for public inspection, and incorporated herein by reference; and WHEREAS, notice of the filing of the Report, and of a hearing thereon, has been F.3.c
Packet Pg. 3470 Attachment: Resolution Approving Annual Levy for CSD Zn D (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 2 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
given as required by law; and
WHEREAS, the CSD Board has held said hearing, at which all persons wishing to be heard were heard, and at which hearing the CSD Board heard and considered all objections and protests, if any.
NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY
SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. Incorporation of Recitals. The foregoing recitals are true and correct and incorporated herein by this reference.
2. Approval of Report. The above referenced Report is approved as filed, as the Report may have been modified by order of the CSD Board.
3. Maximum Charges. The maximum charges for FY 2022/23 per assessable parcel of real property within Zone D are identified in Exhibit “A” attached hereto and incorporated into this Resolution by this reference.
4. Applied Charges. The applied charges for FY 2022/23 per assessable parcel of real property within Zone D are identified in Exhibit “A”.
5. Confirming the Charges. The maximum and applied charges are hereby confirmed for each assessable parcel of real property within CSD Zone D, as set forth in the Report.
6. Collection of Charges. The applied charges set forth in the Report, as herein confirmed, shall be collected on the Riverside County property tax roll at the same time and in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the CSD may utilize a direct billing procedure for any charges that cannot be collected on the Riverside County property tax roll or may, by resolution, elect to collect the charges at a different time or in a different manner if necessary to meet its financial obligations, and if so collected, a delinquent penalty of 10% of the charge will attach at 5:00 p.m. on the date the charge becomes delinquent and interest at 1.5% per month of the delinquent charge will attach on July 1st after the delinquency date and the first of each month thereafter until such charge is paid. Notwithstanding anything to the contrary, in no event shall the total penalties, including any original delinquency fees, delinquency penalties, and interest thereon exceed the maximum amount permitted by law.
F.3.c
Packet Pg. 3471 Attachment: Resolution Approving Annual Levy for CSD Zn D (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 3 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
7. Proposition 218. As set forth in Resolution CSD 97-05, the existing Zone D parcel charges are exempt from the requirements of Proposition 218 (Articles XIII C and XIII D of the California Constitution) so long as they are not increased and are therefore are not subject to voter ratification at this time.
8. Modifications. The City’s Chief Financial Officer is authorized to adjust the parcel charges levied on the property tax roll in the event there are any parcel changes, clerical errors, or other adjustments as may be necessary between the date the parcel charges were calculated and the date the fixed charges are submitted to the County of Riverside, provided the applied rate does not exceed the maximum rate and is in compliance with the formation documents of Zone D.
9. Provision of Services. Nothing in this description of services or any Resolution or Ordinance of the CSD Board shall be construed as committing the CSD to provide all of the proposed services. The provision of services shall be subject to the availability of sufficient funding through the collection of parcel charge revenue for Zone D.
10.Severability. If any provision of this Resolution or the application of any such provision is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable and that the CSD Board declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
11.Certified Copy. The Secretary of the CSD is hereby ordered to forward a certified copy of this Resolution to the County of Riverside and to take such actions as are required for the collection of the charges.
12.Certification. The Secretary of the CSD shall certify to the adoption of this Resolution.
13.Effective Date. This Resolution shall become effective immediately upon its adoption.
APPROVED AND ADOPTED this 21st day of June 2022.
_____________________________________
By:
F.3.c
Packet Pg. 3472 Attachment: Resolution Approving Annual Levy for CSD Zn D (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 4 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
Acting in the capacity of President of the
Moreno Valley Community Services District
ATTEST:
____________________________
City Clerk, acting in the capacity of
Secretary of the Moreno Valley
Community Services District
APPROVED AS TO FORM:
____________________________
City Attorney, acting in the capacity
of General Counsel of the Moreno
Valley Community Services District
F.3.c
Packet Pg. 3473 Attachment: Resolution Approving Annual Levy for CSD Zn D (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 5 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Paul Bradvica, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2022-___ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 21st day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________
SECRETARY
(SEAL)
F.3.c
Packet Pg. 3474 Attachment: Resolution Approving Annual Levy for CSD Zn D (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY
EXHIBIT A
6 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022 Tract Number Parcel Count Maximum Charge 2 Applied Charge Total Levy 10191/18468 77 $ 93.51 $ 93.50 $ 7,199.50
11848 62 113.82 106.80 6,621.60
12305 1 98 57.00 26.22 2,569.56
12773 160 108.41 80.18 12,828.80
12902 80 97.56 91.54 7,323.20
13576/19080/19081 332 43.32 43.32 14,382.24
13585 1 81 57.00 57.00 4,617.00
14387/12268 1 176 57.00 44.44 7,821.44
15387 1 100 57.00 57.00 5,700.00
15433 138 121.96 121.96 16,830.48
16768 105 86.71 86.70 9,103.50
16769 156 82.64 77.54 12,096.24
16770 1 70 57.00 57.00 3,990.00
17033 38 234.71 149.14 5,667.32
17176 1 138 57.00 57.00 7,866.00
17334 57 459.45 459.44 26,188.08
17387 1 37 57.00 57.00 2,109.00
17457 40 107.04 72.00 2,880.00
17867 1 195 57.00 57.00 11,115.00
18283 1 538 57.00 10.00 5,380.00
18512/21322 519 109.12 77.88 40,419.72
18784/20906 137 235.67 192.12 26,320.44
18930 295 104.36 79.10 23,334.50
19032 113 257.55 119.36 13,487.68
19141 62 101.63 101.62 6,300.44
19142 1 50 57.00 57.00 2,850.00
19143 1 51 57.00 57.00 2,907.00
19208 153 98.47 98.46 15,064.38
19210 122 92.16 61.30 7,478.60
19233 1 129 57.00 33.38 4,306.02
19363 1 151 57.00 57.00 8,607.00
19434 1 156 57.00 57.00 8,892.00
19474 1 120 57.00 57.00 6,840.00
19496 45 86.71 86.70 3,901.50
19500 40 98.88 92.78 3,711.20
FY 2022/23 Maximum and Applied Charges
Zone D (Landscape Maintenance)
F.3.c
Packet Pg. 3475 Attachment: Resolution Approving Annual Levy for CSD Zn D (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY
EXHIBIT A
7 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022 Tract Number Parcel Count Maximum Charge 2 Applied Charge Total Levy 19509 1 323 57.00 52.58 16,983.34
19518/18372 1 108 57.00 57.00 6,156.00
19529 35 94.85 94.84 3,319.40
19533 1 147 57.00 42.10 6,188.70
19541 40 126.06 126.06 5,042.40
19551 225 127.78 92.92 20,907.00
19675 38 108.41 65.00 2,470.00
19685 311 94.85 94.84 29,495.24
19799 31 362.50 301.42 9,344.02
19852 292 91.83 91.82 26,811.44
19862 35 200.80 200.80 7,028.00
19912 138 112.46 112.46 15,519.48
19937 163 145.17 104.46 17,026.98
19957 72 91.83 91.82 6,611.04
20030 41 135.68 135.68 5,562.88
20032 1 171 57.00 57.00 9,747.00
20072 119 118.48 118.48 14,099.12
20120 41 127.44 127.44 5,225.04
20197 1 221 57.00 57.00 12,597.00
20272 205 169.47 159.02 32,599.10
20301 1 149 57.00 57.00 8,493.00
20404 238 139.76 104.82 24,947.16
20525 1 213 57.00 57.00 12,141.00
20552 1 200 57.00 57.00 11,400.00
20660 76 142.44 142.44 10,825.44
20715 342 125.11 125.10 42,784.20
20718 104 188.57 151.66 15,772.64
20859 313 87.85 82.44 25,803.72
20869 1 72 57.00 57.00 4,104.00
20941 76 139.73 139.72 10,618.72
21113 1 166 57.00 57.00 9,462.00
21332 104 130.13 130.12 13,532.48
21333 127 282.33 282.32 35,854.64
21345 53 154.66 145.12 7,691.36
21597 75 629.96 268.80 20,160.00
21616 37 503.11 425.14 15,730.18
FY 2022/23 Maximum and Applied Charges
Zone D (Landscape Maintenance)
F.3.c
Packet Pg. 3476 Attachment: Resolution Approving Annual Levy for CSD Zn D (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY
EXHIBIT A
8 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
Tract Number Parcel Count Maximum Charge 2 Applied Charge Total Levy 21737 14 285.01 285.00 3,990.00
21806 70 93.51 93.50 6,545.00
22093 73 229.95 166.52 12,155.96
22276 38 264.13 264.12 10,036.56
22277 38 358.27 324.28 12,322.64
22371 39 388.11 367.12 14,317.68
22889 56 252.20 252.20 14,123.20
22999 1 43 67.00 67.00 2,881.00
23046 1 38 183.00 183.00 6,954.00
24721 1 64 57.00 57.00 3,648.00
27526 51 217.08 186.52 9,512.52
28882 111 139.73 139.72 15,508.92
29038 72 81.29 76.28 5,492.16
30027 134 267.62 267.62 35,861.08
30967 33 622.47 405.48 13,380.84
31129 109 181.32 108.72 11,850.48
31257 17 1,424.05 966.40 16,428.80
31268 26 245.53 245.52 6,383.52
31269 35 291.50 291.50 10,202.50
31269-1 107 400.31 296.04 31,676.28
31284 144 169.23 137.86 19,851.84
31424 37 291.50 189.92 7,027.04
31591 33 616.22 473.74 15,633.42
32018 77 92.16 92.16 7,096.32
32625 20 1,331.94 809.98 16,199.60
32715 36 1,216.00 632.02 22,752.72
Total Zone D Levy for FY 2022/23 $ 1,200,595.24
FY 2022/23 Maximum and Applied Charges
Zone D (Landscape Maintenance)
1 An annual inflation adjustment has not been approved by the property owners. 2 Maximum charge increased by 6.57% inflationary adjustment, if approved by property owners through prior proceedings.
F.3.c
Packet Pg. 3477 Attachment: Resolution Approving Annual Levy for CSD Zn D (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 1 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
RESOLUTION NO. CSD 2022-___
A RESOLUTION OF THE BOARD FOR THE MORENO
VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY
OF MORENO VALLEY, CALIFORNIA, APPROVING THE
CONTINUATION OF THE MAXIMUM AND APPLIED
PARCEL CHARGES FOR PROVIDING ZONE E
(EXTENSIVE LANDSCAPE MAINTENANCE) SERVICES
DURING FISCAL YEAR 2022/23, AND CALCULATION
THEREOF
WHEREAS, the Moreno Valley Community Services District (“CSD”) provides improvements for and maintenance of landscaped parkways, open space, and medians within Zone E and provides funding for such services through the collection of the CSD Zone E parcel charges from benefitting assessable parcels within Zone E; and WHEREAS, the Community Services District Law of the State of California, California Government Code Section 61000 et seq. provides that such services may be funded, in whole or in part, by charges which may be collected on the property tax roll in the same manner, by the same persons, at the same time as, and together with and not separately from, the general property taxes collected by the County for the benefit the CSD; and
WHEREAS, the City Council, acting in its capacity as Board of Directors for the CSD (“CSD Board”), has determined that it is in the best interest of the CSD to have its charges for Zone E (Extensive Landscape Maintenance) services be so collected on the Riverside County property tax roll; and
WHEREAS, the property owners, where applicable, authorized an annual Consumer Price Index (CPI) adjustment to the maximum rates through prior proceedings; and
WHEREAS, the CSD Board has determined that continuing the calculation of the maximum and applied charges, including a CPI adjustment to the maximum rates, where applicable, and application of the charges for each assessable parcel of real property within CSD Zone E will provide the necessary and equitable revenue stream to fund extensive landscape maintenance services by the CSD for fiscal year (FY) 2022/23; and WHEREAS, a report identifying each assessable parcel of real property subject to the charge and the amount of the charge which is to be levied against each such parcel for FY 2022/23 (“Report”) is on file in the Office of the Secretary to the CSD (City Clerk), available for public inspection, and is incorporated herein by reference; and WHEREAS, notice of the filing of the Report, and of a hearing thereon, has been given as required by law; and
WHEREAS, the CSD Board has held said hearing, at which all persons wishing to F.3.d
Packet Pg. 3478 Attachment: Resolution Approving Annual Levy for CSD Zn E (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 2 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
be heard were heard, and at which hearing the CSD Board heard and considered all objections and protests, if any.
NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY
SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. Incorporation of Recitals. The foregoing recitals are true and correct and incorporated herein by this reference.
2. Approval of Report. The above referenced Report is approved as filed, as the Report may have been modified by order of the CSD Board.
3. Maximum Rate. The maximum rates for FY 2022/23 per assessable parcel of real property within Zone E are identified in the table below.
4. Applied Rate. The applied rates for FY 2022/23 per assessable parcel of real property within Zone E are identified in the table below.
Zone E (Extensive Landscape Maintenance)
FY 2022/23 Maximum and Applied Rates
Zone Specific Plan or
Development
Charge
Category Maximum1 Applied
E-7 Centerpointe Per acre $905.39 $905.39
E-8 Promontory Park
Per single-family
dwelling parcel $707.18 $30.12
Per condo unit $250.34 $10.42
1 Maximum rate increased by 6.57% inflationary adjustment, as approved by property owners through prior proceedings.
5. Confirming the Charges. The maximum and applied charges are hereby confirmed for each assessable parcel of real property within CSD Zone E, as set forth in the Report.
6. Collection of Charges. The applied charges set forth in the Report, as herein confirmed, shall be collected on the Riverside County property tax roll at the same time and in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the CSD may utilize a direct billing procedure for any charges that cannot be collected on the Riverside County property tax roll or may, by resolution, elect to collect the charges at a different time or in a different manner if necessary to meet its financial obligations, and if so F.3.d
Packet Pg. 3479 Attachment: Resolution Approving Annual Levy for CSD Zn E (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 3 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
collected, a delinquent penalty of 10% of the charge will attach at 5:00 p.m. on the date the charge becomes delinquent and interest at 1.5% per month of the delinquent charge will attach on July 1st after the delinquency date and the first of each month thereafter until such charge is paid. Notwithstanding anything to the contrary, in no event shall the total penalties, including any original delinquency fees, delinquency penalties, and interest thereon exceed the maximum amount permitted by law.
7. Proposition 218. As set forth in Resolution CSD 97-06, the existing Zone E parcel charges are exempt from the requirements of Proposition 218 (Articles XIII C and XIII D of the California Constitution) so long as they are not increased and are therefore are not subject to voter ratification at this time.
8. Modifications. The City’s Chief Financial Officer is authorized to adjust the parcel charges levied on the property tax roll in the event there are any parcel changes, clerical errors, or other adjustments as may be necessary between the date the parcel charges were calculated and the date the fixed charges are submitted to the County of Riverside, provided the applied charge does not exceed the maximum charge and is in compliance with the formation documents of Zone E.
9. Provision of Services. Nothing in this description of services or any Resolution or Ordinance of the CSD Board shall be construed as committing the CSD to provide all of the proposed services. The provision of services shall be subject to the availability of sufficient funding through the collection of parcel charge revenue for Zone E.
10.Severability. If any provision of this Resolution or the application of any such provision is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable and that the CSD Board declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
11.Certified Copy. The Secretary of the CSD is hereby ordered to forward a certified copy of this Resolution to the County of Riverside and to take such actions as are required for the collection of the charges.
12.Certification. The Secretary of the CSD shall certify to the adoption of this Resolution.
13.Effective Date. This Resolution shall become effective immediately upon its adoption.
F.3.d
Packet Pg. 3480 Attachment: Resolution Approving Annual Levy for CSD Zn E (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 4 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
APPROVED AND ADOPTED this 21st day of June 2022.
_____________________________________
By:
Acting in the capacity of President of the
Moreno Valley Community Services District
ATTEST:
____________________________
City Clerk, acting in the capacity of
Secretary of the Moreno Valley
Community Services District
APPROVED AS TO FORM:
____________________________
City Attorney, acting in the capacity
of General Counsel of the Moreno
Valley Community Services District
F.3.d
Packet Pg. 3481 Attachment: Resolution Approving Annual Levy for CSD Zn E (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 5 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Paul Bradvica, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2022-___ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 21st day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________
SECRETARY
(SEAL)
F.3.d
Packet Pg. 3482 Attachment: Resolution Approving Annual Levy for CSD Zn E (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 1 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
RESOLUTION NO. CSD 2022-__
A RESOLUTION OF THE BOARD FOR THE MORENO VALLEY
COMMUNITY SERVICES DISTRICT OF THE CITY OF MORENO
VALLEY, CALIFORNIA, APPROVING THE CONTINUATION OF
THE MAXIMUM AND APPLIED PARCEL CHARGES FOR
PROVIDING ZONE M (COMMERCIAL/INDUSTRIAL/
MULTIFAMILY IMPROVED MEDIAN MAINTENANCE) SERVICES
DURING FISCAL YEAR 2022/23, AND CALCULATION THEREOF
WHEREAS, the Moreno Valley Community Services District (“CSD”) provides improvements for and maintenance of improved medians within Zone M and provides funding for such services through the collection of the CSD Zone M parcel charges from benefitting assessable parcels within Zone M; and
WHEREAS, the Community Services District Law of the State of California, California Government Code Section 61000 et seq. provides that such services may be funded, in whole or in part, by charges which may be collected on the property tax roll in the same manner, by the same persons, at the same time as, and together with and not separately from, the general property taxes collected by the County for the benefit of the CSD; and
WHEREAS, the City Council, acting in its capacity as Board of Directors for the CSD (“CSD Board”), has determined that it is in the best interest of the CSD to have its charges for Zone M (Commercial/Industrial/Multifamily Improved Median Maintenance) services be so collected on the Riverside County property tax roll; and WHEREAS, the property owners, where applicable, authorized an annual Consumer Price Index (CPI) adjustment to the maximum charges through prior proceedings; and
WHEREAS, the CSD Board has determined that continuing the calculation of the maximum and applied charges, including a CPI adjustment to the maximum rates, where applicable, and application of the charges for each assessable parcel of real property within CSD Zone M will provide the necessary and equitable revenue stream to fund landscape maintenance to improved medians by the CSD for fiscal year (FY) 2022/23; and
WHEREAS, a report identifying each assessable parcel of real property subject to the charge and the amount of the charge which is to be levied against each such parcel for FY 2022/23 (the “Report”) is on file in the Office of the Secretary to the CSD (City Clerk), available for public inspection, and is incorporated herein by reference; and WHEREAS, notice of the filing of the Report, and of a hearing thereon, has been given as required by law; and
WHEREAS, the CSD Board has held said hearing, at which all persons wishing to F.3.e
Packet Pg. 3483 Attachment: Resolution Approving Annual Levy for CSD Zn M (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 2 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
be heard were heard, and at which hearing the CSD Board heard and considered all objections and protests, if any.
NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY
SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. Incorporation of Recitals. The foregoing recitals are true and correct and incorporated herein by this reference.
2. Approval of Report. The above referenced Report is approved as filed, as the Report may have been modified by order of the CSD Board.
3. Maximum Charges. The maximum charges for FY 2022/23 per assessable parcel of real property within Zone M are identified in Exhibit “A” attached hereto and incorporated into this Resolution by this reference.
4. Applied Charges. The applied charges for FY 2022/23 per assessable parcel of real property within Zone M are identified in Exhibit “A”.
5. Confirming the Charges. The maximum and applied charges are hereby confirmed for each assessable parcel of real property within CSD Zone M, as set forth in the Report.
6. Collection of Charges. The applied charges set forth in the Report, as herein confirmed, shall be collected on the Riverside County property tax roll at the same time and in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the CSD may utilize a direct billing procedure for any charge that cannot be collected on the Riverside County property tax roll or may, by resolution, elect to collect the charges at a different time or in a different manner if necessary to meet its financial obligations, and if so collected, a delinquent penalty of 10% of the charge will attach at 5:00 p.m. on the date the charge becomes delinquent and interest at 1.5% per month of the delinquent charge will attach on July 1st after the delinquency date and the first of each month thereafter until such charge is paid. Notwithstanding anything to the contrary, in no event shall the total penalties, including any original delinquency fees, delinquency penalties, and interest thereon exceed the maximum amount permitted by law.
7. Modifications. The City’s Chief Financial Officer is authorized to adjust the parcel charges levied on the property tax roll in the event there are any parcel changes, clerical errors, or other adjustments as may be necessary between the date the parcel charges were calculated and the date the fixed charges are submitted to the County of Riverside, provided the applied charge does not exceed the maximum charge and is in compliance with the formation documents of Zone M.
F.3.e
Packet Pg. 3484 Attachment: Resolution Approving Annual Levy for CSD Zn M (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 3 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
8. Provision of Services. Nothing in this description of services or any Resolution or Ordinance of the CSD Board shall be construed as committing the CSD to provide all of the proposed services. The provision of services shall be subject to the availability of sufficient funding through the collection of parcel charge revenue within Zone M.
9. Severability. If any provision of this Resolution or the application of any such provision is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable and that the CSD Board declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
10.Certified Copy. The Secretary of the CSD is hereby ordered to forward a certified copy of this Resolution to the County of Riverside and to take such actions as are required for the collection of the charges.
11.Certification. The Secretary of the CSD shall certify to the adoption of this Resolution.
12.Effective Date. This Resolution shall become effective immediately upon its adoption.
APPROVED AND ADOPTED this 21st day of June 2022.
_____________________________________
By:
Acting in the capacity of President of the
Moreno Valley Community Services District
ATTEST:
____________________________
City Clerk, acting in the capacity of
Secretary of the Moreno Valley
Community Services District
APPROVED AS TO FORM:
F.3.e
Packet Pg. 3485 Attachment: Resolution Approving Annual Levy for CSD Zn M (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 4 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
____________________________
City Attorney, acting in the capacity
of General Counsel of the Moreno
Valley Community Services District
F.3.e
Packet Pg. 3486 Attachment: Resolution Approving Annual Levy for CSD Zn M (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 5 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Paul Bradvica, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2022-__ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 21st day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________
SECRETARY
(SEAL)
F.3.e
Packet Pg. 3487 Attachment: Resolution Approving Annual Levy for CSD Zn M (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY
EXHIBIT A
6 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
Maximum Charge 2
291-191-024 $ 456.11 $ 264.56
291-192-025 594.71 345.04
296-280-020 2,326.54 2,078.34
296-300-005 3,052.34 2,727.46
296-300-007 799.21 714.12
297-100-079 493.60 242.36
297-100-088 235.84 115.78
297-100-090 235.84 115.78
297-100-091 330.17 162.26
297-100-092 235.84 115.78
297-120-002 1,307.37 757.50
297-120-003 946.20 548.26
297-120-019 272.41 157.94
297-120-020 1,701.59 984.86
297-120-021 272.41 157.94
297-120-022 1,701.59 984.86
297-120-023 89.96 45.22
297-120-024 781.97 384.28
297-120-025 6,048.15 2,968.48
297-130-039 (2)
798.00 440.54
297-130-041 (2)
1,957.00 1,080.40
297-130-042 (2)
1,610.00 889.04
297-130-046 2,727.54 1,579.42
297-130-064 1,124.10 651.88
297-140-049 1,534.11 889.30
297-140-050 1,577.55 914.44
297-140-052 1,387.48 803.78
297-141-001 292.52 170.00
297-141-002 292.52 170.00
297-141-003 292.52 170.00
297-141-004 292.52 170.00
297-141-005 292.52 170.00
Zone M (Median Maintenance)
FY 2022/23 Maximum and Applied Charges
Applied Charge Assessor's Parcel
Number
F.3.e
Packet Pg. 3488 Attachment: Resolution Approving Annual Levy for CSD Zn M (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY
EXHIBIT A
7 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
Maximum Charge 2
297-141-006 292.52 170.00
297-150-056 26,176.27 12,970.00
297-170-004 4,846.93 4,330.06
297-170-069 9,013.34 9,013.34
297-170-086 2,061.36 2,061.34
297-170-087 20,018.37 20,018.34
312-020-017 2,120.64 2,120.60
312-020-018 2,021.49 2,021.48
312-020-020 788.74 788.74
312-250-046 4,914.79 2,745.24
312-250-049 330.70 330.70
312-270-036 3,519.08 1,920.36
312-360-001 1,891.29 611.10
312-360-002 890.03 287.60
312-360-003 609.34 197.38
312-360-004 2,135.93 690.14
312-360-005 1,658.62 536.40
312-360-006 2,685.32 867.66
312-360-007 1,049.14 339.00
312-360-008 989.09 319.60
312-360-009 1,098.70 355.02
312-360-010 1,110.69 358.40
312-360-011 891.56 287.60
316-020-046 12,777.72 9,220.00
316-200-033 2,811.27 566.68
316-200-034 5,979.00 1,203.32
316-200-035 2,518.38 509.26
316-211-027 2,510.30 1,369.62
316-211-028 3,337.86 1,864.74
479-070-050 2,150.49 1,540.00
482-190-022 179.89 178.50
482-190-023 46.13 45.74
482-540-030 537.56 81.50
482-700-001 517.20 512.86
Zone M (Median Maintenance)
FY 2022/23 Maximum and Applied Charges
Applied Charge Assessor's Parcel
Number
F.3.e
Packet Pg. 3489 Attachment: Resolution Approving Annual Levy for CSD Zn M (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY
EXHIBIT A
8 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
Maximum Charge 2
482-700-005 517.20 512.86
484-020-023 7,937.02 5,081.36
484-020-024 9,700.67 6,108.62
484-020-026 3,748.50 568.48
485-081-035 420.80 240.02
485-081-038 160.01 94.04
485-081-039 87.28 51.34
485-081-041 96.01 56.54
485-081-044 650.24 406.78
485-220-030 2,688.19 2,688.18
485-220-031 403.13 403.12
486-070-004 3,971.19 2,264.14
486-070-012 346.34 197.32
486-070-013 343.19 195.60
486-070-016 3,971.19 2,264.14
486-250-021 10,854.74 2,990.00
486-250-024 10,479.32 2,886.54
486-250-025 375.35 103.44
488-350-060 9,166.08 8,500.02
488-350-052 43,394.74 34,178.14
488-350-047 3,709.50 2,971.80
Total Zone M Levy for FY 2022/23 $ 175,164.42
1 An annual inflation adjustment has not been approved by the property owners. 2 Maximum charge increased by 6.57% inflationary adjustment, if approved by property owners through prior proceedings.
Zone M (Median Maintenance)
FY 2022/23 Maximum and Applied Charges
Applied Charge Assessor's Parcel
Number
F.3.e
Packet Pg. 3490 Attachment: Resolution Approving Annual Levy for CSD Zn M (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 1 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
RESOLUTION NO. CSD 2022-__
A RESOLUTION OF THE BOARD FOR THE MORENO
VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY
OF MORENO VALLEY, CALIFORNIA, APPROVING THE
CONTINUATION OF THE MAXIMUM AND APPLIED
PARCEL CHARGES FOR PROVIDING ZONE S
(SUNNYMEAD BOULEVARD MAINTENANCE) SERVICES
DURING FISCAL YEAR 2022/23, AND CALCULATION
THEREOF
WHEREAS, the Moreno Valley Community Services District (“CSD”) provides improvements for and maintenance of certain parkway and median landscaping and improvements within Zone S along Sunnymead Boulevard, from Frederick Street to Perris Boulevard that were installed in participation with the City of Moreno Valley (“City”) and the former Community Redevelopment Agency of the City and provides funding for such services through the collection of CSD Zone S parcel charges from benefitting assessable parcels within Zone S; and
WHEREAS, the Community Services District Law of the State of California, California Government Code Section 61000 et seq. provides that such services may be funded, in whole or in part, by charges which may be collected on the property tax roll in the same manner, by the same persons, at the same time as, and together with and not separately from, the general property taxes collected by the County for the benefit of the CSD; and
WHEREAS, the City Council, acting in its capacity as Board of Directors for the CSD (“CSD Board”), has determined that it is in the best interest of the CSD to have its charges for Zone S (Sunnymead Boulevard Maintenance) services be so collected on the Riverside County property tax roll; and
WHEREAS, the property owners authorized an annual Consumer Price Index (CPI) adjustment to the maximum rate through prior proceedings; and WHEREAS, the CSD Board has determined that continuing the calculation of the maximum and applied charges, including a CPI adjustment to the maximum rates, rate and application of the charge, for each assessable parcel of real property within CSD Zone S will provide the necessary and equitable revenue stream to fund the ongoing maintenance of certain improvements along Sunnymead Boulevard from Frederick Street to Perris Boulevard by the CSD for fiscal year (FY) 2022/23; and WHEREAS, a report identifying each assessable parcel of real property subject to the rate and the amount of the calculated charge which is to be levied against each such parcel for FY 2022/23 (“Report”) is on file in the Office of the Secretary to the CSD (City Clerk), available for public inspection, and incorporated herein by reference; and F.3.f
Packet Pg. 3491 Attachment: Resolution Approving Annual Levy for CSD Zn S (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 2 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
WHEREAS, notice of the filing of the Report, and of a hearing thereon, has been given as required by law; and
WHEREAS, the CSD Board has held said hearing, at which time all persons wishing to be heard were heard, and at which hearing the CSD Board heard and considered all objections and protests, if any.
NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY
SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. Incorporation of Recitals. The foregoing recitals are true and correct and incorporated herein by this reference.
2. Approval of Report. The above referenced Report is approved as filed, as the Report may have been modified by order of the CSD Board.
3. Maximum Rate. The maximum rate for FY 2022/23 is $3.708316 per front linear foot of real property within Zone S.
4. Applied Rate. The applied rate for FY 2022/23 is $3.708316 per front linear foot of real property within Zone S.
5. Confirming the Charges. The maximum and applied rate is hereby confirmed for each assessable parcel of real property within CSD Zone S, as set forth in the Report.
6. Collection of Charges. The applied charges set forth in the Report, as herein confirmed, shall be collected on the Riverside County property tax roll at the same time and in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the CSD may utilize a direct billing procedure for any charges that cannot be collected on the Riverside County property tax roll or may, by resolution, elect to collect the charges at a different time or in a different manner if necessary to meet its financial obligations, and if so collected, a delinquent penalty of 10% of the charge will attach at 5:00 p.m. on the date the charge becomes delinquent and interest at 1.5% per month of the delinquent charge will attach on July 1st after the delinquency date and the first of each month thereafter until such charge is paid. Notwithstanding anything to the contrary, in no event shall the total penalties, including any original delinquency fees, delinquency penalties, and interest thereon exceed the maximum amount permitted by law.
7. Modifications. The City’s Chief Financial Officer is authorized to adjust the parcel charges levied on the property tax roll in the event there are any parcel changes, clerical errors, or other adjustments as may be necessary between the date the parcel charges were calculated and the date the fixed charges are submitted to F.3.f
Packet Pg. 3492 Attachment: Resolution Approving Annual Levy for CSD Zn S (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 3 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
the County of Riverside, provided the applied rate does not exceed the maximum rate and is in compliance with the formation documents of Zone S.
8. Provision of Services. Nothing in this description of services or any Resolution or Ordinance of the CSD Board shall be construed as committing the CSD to provide all of the proposed services. The provision of services shall be subject to the availability of sufficient funding through the collection of parcel charge revenue within Zone S.
9. Severability. If any provision of this Resolution or the application of any such provision is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable and that the CSD Board declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
10.Certified Copy. The Secretary of the CSD is hereby ordered to forward a certified copy of this Resolution to the County of Riverside and to take such actions as are required for the collection of the charge.
11.Certification. The Secretary of the CSD shall certify to the adoption of this Resolution.
12.Effective Date. This Resolution shall become effective immediately upon its adoption.
APPROVED AND ADOPTED this 21st day of June 2022.
_____________________________________
By:
Acting in the capacity of President of the
Moreno Valley Community Services District
ATTEST:
____________________________
City Clerk, acting in the capacity of
Secretary of the Moreno Valley
Community Services District
F.3.f
Packet Pg. 3493 Attachment: Resolution Approving Annual Levy for CSD Zn S (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 4 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
APPROVED AS TO FORM:
____________________________
City Attorney, acting in the capacity
of General Counsel of the Moreno
Valley Community Services District
F.3.f
Packet Pg. 3494 Attachment: Resolution Approving Annual Levy for CSD Zn S (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY 5 Resolution No. CSD 2022-___
Date Adopted: June 21, 2022
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Paul Bradvica, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2022-__ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 21st day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________
SECRETARY
(SEAL)
F.3.f
Packet Pg. 3495 Attachment: Resolution Approving Annual Levy for CSD Zn S (5624 : PUBLIC HEARING TO CONTINUE MORENO VALLEY COMMUNITY
REDLANDS BLVD
WORLD LOGISTICS CENTER PKWY
INDIAN ST
LASSELLE ST
PERRIS BLVD
EUCALYPTUS AVE
HEACOCK ST
COTTONWOOD AVE
DAY ST
EUCALYPTUS AVE
IRONWOOD AVE
JOHN F KENNEDY DR
GRAHAM ST
MORENO BEACH DR
VIRGINIA ST
MORRISON ST
PIGEON PASS RD
JUNIPER AVE
KITCHING ST
KRAMERIA AVE
OLIVER ST
FREDERICK ST
CACTUS AVE
LOCUST AVE
ALESSANDRO BLVD
SUNNYMEAD BLVD
DRACAEA AVE
GENTIAN AVE
NANDINA AVE
ELSWORTH ST
BRODIAEA AVE
BOX SPRINGS RD
DELPHINIUM AVE
KALMIA ST
KALMIA AVE
LASSELLE ST
CACTUS AVE
HEACOCK ST
INDIAN ST
NASON ST
HEMLOCK AVE
MANZANITA AVE
Moreno Valley Community Services District
Zone A & C Parcels
SH-60
May reflect parcels that are subject to the
Map Not To Scale charge/tax but currently are not being levied ¯ Map Produced by Moreno Valley
Geographic Information System
File:G:\Divisions\SpecialDist\2019\MXD\
ZoneAC_8.5x11.mxd
February 11, 2019
*Zone C Does Not Include Properties Within the
Edgemont Community Services District
Edgemont Community Services
District Boundary
Zone C provides
Arterial Street Lighting*
Zone A provides
Parks and Community Services
F.3.g
Packet Pg. 3496 Attachment: Boundary Maps - Zones ACDEMS (5624 : PUBLIC HEARING TO CONTINUE MORENO
REDLANDS BLVD
WORLD LOGISTICS CENTER PKWY
INDIAN ST
LASSELLE ST
PERRIS BLVD
EUCALYPTUS AVE
HEACOCK ST
COTTONWOOD AVE
DAY ST
EUCALYPTUS AVE
IRONWOOD AVE
JOHN F KENNEDY DR
GRAHAM ST
MORENO BEACH DR
VIRGINIA ST
MORRISON ST
PIGEON PASS RD
JUNIPER AVE
KITCHING ST
KRAMERIA AVE
OLIVER ST
FREDERICK ST
CACTUS AVE
LOCUST AVE
ALESSANDRO BLVD
SUNNYMEAD BLVD
DRACAEA AVE
GENTIAN AVE
NANDINA AVE
ELSWORTH ST
BRODIAEA AVE
BOX SPRINGS RD
DELPHINIUM AVE
KALMIA ST
KALMIA AVE
LASSELLE ST
CACTUS AVE
HEACOCK ST
INDIAN ST
NASON ST
HEMLOCK AVE
MANZANITA AVE
Moreno Valley Community Services District
Zone D Parcels
SH-60
May reflect parcels that are subject to the
Map Not To Scale charge/tax but currently are not being levied ¯ Map Produced by Moreno Valley
Geographic Information System
File:G:\Divisions\SpecialDist\2019\MXD\
ZoneD_8.5x11.mxd
February 11, 2019
Zone D provides
Landscape Maintenance
F.3.g
Packet Pg. 3497 Attachment: Boundary Maps - Zones ACDEMS (5624 : PUBLIC HEARING TO CONTINUE MORENO
REDLANDS BLVD
WORLD LOGISTICS CENTER PKWY
INDIAN ST
LASSELLE ST
PERRIS BLVD
EUCALYPTUS AVE
HEACOCK ST
COTTONWOOD AVE
DAY ST
EUCALYPTUS AVE
IRONWOOD AVE
JOHN F KENNEDY DR
GRAHAM ST
MORENO BEACH DR
VIRGINIA ST
MORRISON ST
PIGEON PASS RD
JUNIPER AVE
KITCHING ST
KRAMERIA AVE
OLIVER ST
FREDERICK ST
CACTUS AVE
LOCUST AVE
ALESSANDRO BLVD
SUNNYMEAD BLVD
DRACAEA AVE
GENTIAN AVE
NANDINA AVE
ELSWORTH ST
BRODIAEA AVE
BOX SPRINGS RD
DELPHINIUM AVE
KALMIA ST
KALMIA AVE
LASSELLE ST
CACTUS AVE
HEACOCK ST
INDIAN ST
NASON ST
HEMLOCK AVE
MANZANITA AVE
Moreno Valley Community Services District
Zone E Parcels
SH-60
May reflect parcels that are subject to the
Map Not To Scale charge/tax but currently are not being levied ¯ Map Produced by Moreno Valley
Geographic Information System
File:G:\Divisions\SpecialDist\2019\MXD\
ZoneE_8.5x11.mxd
February 11, 2019
Zone E-8 provides Extensive
Landscape Maintenance
Zone E-7 provides Extensive
Landscape Maintenance
F.3.g
Packet Pg. 3498 Attachment: Boundary Maps - Zones ACDEMS (5624 : PUBLIC HEARING TO CONTINUE MORENO
REDLANDS BLVD
WORLD LOGISTICS CENTER PKWY
INDIAN ST
LASSELLE ST
PERRIS BLVD
EUCALYPTUS AVE
HEACOCK ST
COTTONWOOD AVE
DAY ST
EUCALYPTUS AVE
IRONWOOD AVE
JOHN F KENNEDY DR
GRAHAM ST
MORENO BEACH DR
VIRGINIA ST
MORRISON ST
PIGEON PASS RD
JUNIPER AVE
KITCHING ST
KRAMERIA AVE
OLIVER ST
FREDERICK ST
CACTUS AVE
LOCUST AVE
ALESSANDRO BLVD
SUNNYMEAD BLVD
DRACAEA AVE
GENTIAN AVE
NANDINA AVE
ELSWORTH ST
BRODIAEA AVE
BOX SPRINGS RD
DELPHINIUM AVE
KALMIA ST
KALMIA AVE
LASSELLE ST
CACTUS AVE
HEACOCK ST
INDIAN ST
NASON ST
HEMLOCK AVE
MANZANITA AVE
Moreno Valley Community Services District
Zone M Parcels
SH-60
May reflect parcels that are subject to the
charge/tax but currently are not being levied
Zone M provides Maintenance
Services for Improved Arterial
Roadway Medians Associated
with Commercial/Industrial and/or
Multifamily Developments
Map Not To Scale
¯ Map Produced by Moreno Valley
Geographic Information System
File:G:\Divisions\SpecialDist\2019\MXD\
ZoneM_8.5x11.mxd
February 11, 2019
F.3.g
Packet Pg. 3499 Attachment: Boundary Maps - Zones ACDEMS (5624 : PUBLIC HEARING TO CONTINUE MORENO
CACTUS AVE
LASSELLE ST
NASON ST
DAY ST
IRONWOOD AVE
BRODIAEA AVE
REDLANDS BLVD
PIGEON PASS RD
GRAHAM ST
HEMLOCK AVE
SUNNYMEAD BLVD
PERRIS BLVD
DAVIS RD
FIR AVE
COTTONWOOD AVE
IRIS AVE
ALESSANDRO BLVD
JOHN F KENNEDY DR INDIAN ST
KRAMERIA AVE
KITCHING ST
DRACAEA AVE
LOCUST AVE
BOX SPRINGS RD
EUCALYPTUS AVE
GILMAN SPRINGS RD
GENTIAN AVE
HEACOCK ST
CACTUS AVE
INDIAN ST INDIAN ST
PERRIS BLVD
JOHN F KENNEDY DR
ALESSANDRO BLVD
IRIS AVE
LASSELLE ST
IRIS AVE
HEACOCK ST
KITCHING ST
FREDERICK ST
ALESSANDRO BLVD
HEMLOCK AVE
IRONWOOD AVE
INDIAN ST
FIR AVE
EUCALYPTUS AVE
SUNNYMEAD BLVD HEACOCK ST
MYERS AVE
PERRIS BLVD
FREDERICK ST
GRAHAM ST
WEBSTER AVE
POSTAL AVE
PIGEON PASS RD
SH-60
Zone S Enlarged
Print Date: February 11, 2019
File: G:\Divisions\SpecialDist\2019\MXD\CSD1920\ZoneS.mxd The information shown on this map was compiled from the Riverside County GIS and the City of Moreno Valley GIS. The land base and facility informationon this map is for display purposes only and should not be relied upon without independent verification as to its accuracy. Data and information on this map is subject to update and modification. Riverside County and City of Moreno Valley will not be held responsible for any claims, losses or damages resulting from the use of this map. This map is not to be recopied or resold. §¨¦215
Moreno Valley Community Services District
Zone S Parcels
May reflect parcels that are subject to the
charge/tax but currently are not being levied
Zone S funds the maintenance of
certain public landscape
improvements along Sunnymead
Blvd between Frederick St and
Perris Blvd, to the extent funds
are available.
·|þ}60
Map Not To Scale
¯
F.3.g
Packet Pg. 3500 Attachment: Boundary Maps - Zones ACDEMS (5624 : PUBLIC HEARING TO CONTINUE MORENO Report to City Council
ID#5625 Page 1
TO: Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of the
Moreno Valley Community Services District (CSD)
FROM: Brian Mohan, Assistant City Manager
AGENDA DATE: June 21, 2022
TITLE: PUBLIC HEARING TO CONFIRM A DIAGRAM AND
ASSESSMENTS FOR LIGHTING MAINTENANCE
DISTRICT NO. 2014-01 FOR FISCAL YEAR 2022/23
(RESO NO. CSD 2022-__)
RECOMMENDED ACTION
Recommendations: That the CSD:
1. Conduct the Public Hearing on the proposed levy of real property assessments for Moreno Valley Community Services District Lighting Maintenance District No. 2014-01.
2. Adopt Resolution No. CSD 2022-__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Confirming a Diagram and Assessments for Fiscal Year 2022/23 in Connection with Moreno Valley Community Services District Lighting Maintenance District No. 2014-01.
3. Authorize the Chief Financial Officer to adjust the proposed assessments in the event there are any parcel changes, clerical errors, or other adjustments as may be necessary between the date the assessments were calculated and the date the fixed charges are submitted to the County of Riverside, provided the applied assessments do not exceed the maximum assessments and are in compliance with the formation documents for the district.
SUMMARY
F.4
Packet Pg. 3501
This report recommends the Board of the Moreno Valley Community Services District (“CSD Board”) conduct a Public Hearing and consider adoption of the resolution (Attachment 1), which confirms the diagram (i.e. map) and authorizes the levy of assessments on the fiscal year (FY) 2022/23 property tax roll for Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 (“LMD No. 2014-01” or “District”). This is a routine process that occurs each year.
The proposed assessments are a continuation of the real property assessments currently levied on the property tax bills. There are no increases proposed to the assessments other than an annual inflationary adjustment, provided the property owners previously approved such adjustment. Revenue received from the assessment funds, in part, the street lighting services provided by the District.
The Finance Subcommittee was scheduled to review the annual inflationary adjustments proposed to be applied to the maximum assessment rates, if previously authorized by the property owners, at its February 22, 2022 meeting.
DISCUSSION
On May 27, 2014, the CSD adopted its Resolution No. CSD 2014-08, establishing LMD No. 2014-01 (formerly Zone B, residential street lighting). Property owners of benefiting parcels within the District pay a special assessment, which is levied on their annual property tax bill, to fund the cost of operating the residential street lighting program (i.e.
Special Benefit). Revenue received from the assessment funds a majority of the Special Benefit costs, as defined in the Assessment Engineer’s Report (“Report”) (Attachment 2), to maintain, service, and operate street lights located within the District. The Report is also available from the City Clerk’s office and accessible from the City’s website (www.moval.org/sf).
Each year, the CSD Board must initiate proceedings and conduct a Public Hearing (Landscaping and Lighting Act of 1972) to receive public input on the proposed levy.
The assessments cannot be levied on the property tax roll, nor can an adjustment be made to the assessment unless the property owners previously approved and the CSD Board annually authorizes such actions. Approval of the resolution confirms the map and the maximum and applied assessments. The resolution also authorizes the County to levy the assessments on the FY 2022/23 property tax roll.
On April 5, 2022, the CSD Board adopted resolutions to initiate the annual proceedings for the FY 2022/23 levy and approved the Report. The Report includes a description of the improvements within the District, the estimated annual expenses, the method of assessment apportionment for each lot or parcel within the District boundaries, and a diagram showing the parcels within the zones that make up the District.
The Report also provides an analysis of the District’s annual financial status. It separates and apportions the cost of General Benefit, as defined in the Report, and the cost of Special Benefit (i.e. funded by the assessment) of the street lighting services to the benefitting properties. The General Fund is also programmed to cover additional F.4
Packet Pg. 3502
costs, aside from the cost of General Benefit, which are outlined in the Fiscal Impact section of this report.
The maximum assessment rate is the maximum amount that can be used to calculate the assessment levied on the property tax roll. If the property owners previously approved an annual inflationary adjustment, the Report recommends adjusting the maximum rates by the adjustment. Zone 02 has a property owner approved adjustment.
The applied assessment rate is the amount that is used to calculate the assessment actually levied on the property tax roll. The applied assessment is the amount necessary to fund the services of the District for the upcoming fiscal year. The applied assessment rate cannot exceed the maximum assessment rate. The assessment is calculated by applying the rate on an equivalent benefit unit basis, as defined in the Report, of those parcels in the zone. The proposed maximum and applied assessments, by parcel, are included in the Report.
Conflict of Interest Analysis
Regarding a special financing district pertaining to the provision of a public service, a council member who lives in said district may participate in adjusting the amount of the district’s assessment so long as the increase or decrease is the same for everyone else living within the assessment district. This is known as the “Public Generally Exception.” FPPC Regulations § 18703. Public Generally.
(e) Specific Rules for Special Circumstances. The financial effect on a public official's financial interest is deemed indistinguishable from that of the public generally where there is no unique effect on the official's interest if the official establishes:
(1) Public Services and Utilities. The decision sets or adjusts the amount of an assessment, tax, fee, or rate for water, utility, or other broadly provided public services that is applied equally, proportionally, or by the same percentage to the official's interest and all businesses, properties, or individuals subject to the assessment, tax, fee, or rate. This exception does not apply if the decision would impose the assessment, tax or fee, or determine the boundaries of a property, or who is subject to the assessment, tax, or fee. Under this exception, an official is only permitted to take part in setting or adjusting the amount of the assessment, tax, or fee, once the decisions to implement, and determine the property or persons subject to the assessment, tax, or fee, have already been made.
This action meets the Strategic Plan Priorities by managing and maximizing Moreno Valley’s public infrastructure to ensure an excellent quality of life, develop and implement innovative, cost effective infrastructure maintenance programs, public facilities management strategies, and capital improvement programming and project delivery.
F.4
Packet Pg. 3503
ALTERNATIVES
1. Conduct the Public Hearing and approve the recommended actions as presented. Staff recommends this alternative, as it is consistent with the 1972 Act and will allow for collection of revenue necessary to support the services the District was created to provide. This alternative will avoid additional burdens to the General Fund to provide the services.
2. Conduct the Public Hearing and do not approve the recommended actions are presented. Staff does not recommend this alternative as it may prevent the City from levying the FY 2022/23 assessments and collecting the funding to support the services of the District as requested by the property owners. Selection of this alternative will require additional contributions from the General Fund.
3. Open the Public Hearing but continue consideration of the remaining recommendations to a future CSD Board meeting. Staff does not recommend this alternative as it may prevent the City from meeting the County’s deadline to include the assessment on the FY 2022/23 property tax roll.
FISCAL IMPACT
Property owners pay the LMD No. 2014-01 assessment as part of their annual property tax bill. The assessment, including an inflationary adjustment where applicable, has been approved by the property owners through prior proceedings. Funds received for the benefit of the District are restricted and can only be used to fund the services of the District. The recommended assessment rates for FY 2022/23 are listed in the table below.
Zone # of EBUs1 Maximum Applied2 Maximum Applied2
Adjustment to
Maximum
Change in
Applied
Assessment
Revenue
Zone 013
32,798 $ 23.00 $ 23.00 $ 23.00 $ 23.00 0.00% $ - $ 754,361.36 Zone 024
7,194 $ 30.47 $ 30.46 $ 32.47 $ 32.46 6.57% $ 2.00 $ 233,509.45 Zone 033
65 $ 6.00 $ 6.00 $ 6.00 $ 6.00 0.00% $ - $ 390.00
Total Projected Assessment Revenue $ 988,260.81
1 Equivalent Benefit Units. An EBU is equivalent to a single-family residential (SFR) parcel. 2 Rounded down. Riverside County requires even numbered dollar amounts to be applied to the property tax roll. 3 Property owners have not approved an annual inflationary adjustment. 4 Property owner approved inflationary adjustment to max rate based on percentage change calculated for the prior year in the Los Angeles-Long Beach-Anaheim Regional Consumer Price Index, as published by the Department of Labor’s Bureau of Labor Statistics (index approved by property owners).
LMD 2014-01 Assessment Rates
(Residential Street Lighting)
FY 2021/22 Proposed FY 2022/23
For FY 2022/23, property assessments are projected to generate $988,260.81 in revenue. The projected expenditures for the District are $1,657,218.00. Other revenue sources to the District (e.g. property tax revenues, advanced energy fees for new F.4
Packet Pg. 3504
installations, etc.), and the General Fund are programmed to fund the difference between the projected assessment revenue and expenditures.
The City’s FY 2022/23 Adopted Operating Budget includes a total General Fund contribution of $537,357.20, which is detailed below.
Type Description Amount
General Benefit Cost
As defined in the Report, represents costs which are not allowed to be assessed to properties and therefore, are apportioned to the General Fund.The General Benefit is the benefit the public receives from the public street lighting improvements in the District. $ 33,150.00
Additional Agency
Contribution1
Funds the shortfall between revenues and expenditures to continue operating the street lighting program. $ 504,207.20
$ 537,357.20
General Fund Costs
Total
1 Projected contribution included in adopted Operating Budget. The actual contribution may be lower than needed to cover expenses. In the event additional amounts are needed, a budget adjustment will be requested.
Third party costs associated with the annual levy approval process and preparation of the reports for LMD No. 2014-01 are projected not to exceed $5,500.00. Third party services include a consultant assessment engineer, special legal counsel, and publication of a legal notice. These costs are included in the City’s FY 2021/22 Adopted Operating Budget for LMD No. 2014-01 (fund 5012).
NOTIFICATION
The Public Hearing notice was published in The Press-Enterprise on Thursday, June 9, 2022 in compliance with Streets & Highways Code Section 22626.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Kimberly Ganimian Brian Mohan
Special Districts Division Manager Assistant City Manager
CITY COUNCIL GOALS
Public Facilities and Capital Projects. Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.
Positive Environment. Create a positive environment for the development of Moreno Valley's future.
Community Image, Neighborhood Pride and Cleanliness. Promote a sense of community pride and foster an excellent image about our City by developing and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.
CITY COUNCIL STRATEGIC PRIORITIES
F.4
Packet Pg. 3505
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
See the Discussion section above for details of how this action supports the City Council’s Strategic Priorities.
ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.
1. Resolution Confirming Assessments
2. LMD 2014-01 Assessment Engineer's Report
APPROVALS
Budget Officer Approval ✓ Approved . 6/07/22 1:00 PM
City Attorney Approval ✓ Approved .
City Manager Approval ✓ Approved . 6/07/22 1:27 PM
F.4
Packet Pg. 3506
1 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
RESOLUTION NO. CSD 2022-__
A RESOLUTION OF THE BOARD FOR THE MORENO
VALLEY COMMUNITY SERVICES DISTRICT OF THE CITY
OF MORENO VALLEY, CALIFORNIA, CONFIRMING A
DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR
2022/23 IN CONNECTION WITH MORENO VALLEY
COMMUNITY SERVICES DISTRICT LIGHTING
MAINTENANCE DISTRICT NO. 2014-01
WHEREAS, pursuant to Government Code Section 61122(e), the Moreno Valley Community Services District (the “CSD”) is authorized to levy benefit assessments for operations and maintenance pursuant to the Landscaping and Lighting Assessment Act of 1972 (Streets & Highways Code Section 22500 et seq.) (the “Act”); and WHEREAS, by its Resolution No. CSD 2014-08, adopted on May 27, 2014, the Board of Directors, pursuant to the Act, established the Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 (the “Assessment District”) to fund street lighting services through the levy of an annual assessment against real property; and
WHEREAS, by its Resolution No. CSD 2022-15, adopted on April 5, 2022, the Board of Directors initiated proceedings to levy the fiscal year (FY) 2022/23 assessment against real property in the Assessment District and directed the City Engineer, to prepare and file, or cause to be prepared and filed a report pursuant to Section 22565 et seq. of the Act with respect to said levy; and
WHEREAS, the City Engineer has designated Webb Municipal Finance, LLC as assessment engineer (the “Assessment Engineer”); and
WHEREAS, the property owners, where applicable, authorized an annual Consumer Price Index (CPI) adjustment to the maximum assessment rates through prior proceedings; and
WHEREAS, the Board of Directors has determined that continuing the calculation of the maximum and applied assessments and application of the assessment, as previously approved by the property owners, for each assessable parcel of real property within the Assessment District will provide the necessary and equitable revenue stream to fund, in part, the residential street lighting program for FY 2022/23; and WHEREAS, the Assessment Engineer has prepared and filed a report entitled “Annual Engineer’s Report Fiscal Year 2022/23, Moreno Valley Community Services District Lighting Maintenance District No. 2014-01” (the “Report”), which is on file in the Office of the Secretary of the CSD (the Office of the City Clerk of the City of Moreno Valley), is available for public inspection, and is incorporated herein by reference; and WHEREAS, by its Resolution No. CSD 2022-16, adopted on April 5, 2022, the Board of Directors approved the Report as filed; and
F.4.a
Packet Pg. 3507 Attachment: Resolution Confirming Assessments (5625 : PUBLIC HEARING TO CONFIRM A DIAGRAM AND ASSESSMENTS FOR LIGHTING 2 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
WHEREAS, by its Resolution No. CSD 2022-17, adopted on April 5, 2022, the Board of Directors declared its intention to levy an assessment against real property in the Assessment District for FY 2022/23 and scheduled a public hearing (the “Public Hearing”) regarding that levy for June 21, 2022 at 6:00 p.m. or as soon thereafter as practical, in the City Council Chamber located at 14177 Frederick Street, Moreno Valley, California 92553; and
WHEREAS, notice of the Public Hearing was published in the manner set forth in Section 22626(a) of the Act; and
WHEREAS, at the appointed time and place, the Board of Directors held the Public Hearing; and
WHEREAS, at the Public Hearing, all interested persons were afforded the opportunity to hear and be heard and there was no majority protest; and WHEREAS, having considered all oral statements and all written protests made or filed at the Public Hearing, the Board of Directors desires to levy the proposed assessment for FY 2022/23.
NOW, THEREFORE, THE BOARD FOR THE MORENO VALLEY COMMUNITY
SERVICES DISTRICT OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
1. Recitals. The foregoing recitals are true and correct and incorporated herein by this reference.
2. Assessment. The diagram and assessments incorporated into the Report are hereby confirmed. This action constitutes the levy of the assessments for FY 2022/23. Staff is directed to transmit the applied assessments to the Riverside County Auditor and to cause the applied assessments to be collected at the same time and in the same manner as county taxes are collected.
3. Modifications. The Chief Financial Officer is authorized to adjust the assessments levied on the property tax roll in the event there are any parcel changes, clerical errors, or other adjustments as may be necessary between the date the assessments were calculated and the date the fixed charges are submitted to the County of Riverside, provided the applied assessments do not exceed the maximum assessments, and are in compliance with the formation documents for the Assessment District.
4. Provision of Services. Nothing in the description of services or any Resolution of the Board of Directors shall be construed as committing the CSD to provide all of the proposed services. The provision of services shall be subject to the availability of sufficient funding through the collection of assessment revenue within each zone of the Assessment District.
F.4.a
Packet Pg. 3508 Attachment: Resolution Confirming Assessments (5625 : PUBLIC HEARING TO CONFIRM A DIAGRAM AND ASSESSMENTS FOR LIGHTING 3 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
5. Severability. If any provision of this Resolution or the application of any such provision is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable and that the Board of Directors declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
6. Certification. The Secretary of the Board/City Clerk shall certify to the adoption of this Resolution, and shall maintain on file as a public record this Resolution.
7. Effective Date. This Resolution shall be effective immediately upon adoption.
APPROVED AND ADOPTED this 21st day of June 2022.
_____________________________________
By:
Acting in the capacity of President of the
Moreno Valley Community Services District
ATTEST:
____________________________
City Clerk, acting in the capacity of
Secretary of the Moreno Valley
Community Services District
APPROVED AS TO FORM:
____________________________
City Attorney, acting in the capacity
of General Counsel of the Moreno
Valley Community Services District
F.4.a
Packet Pg. 3509 Attachment: Resolution Confirming Assessments (5625 : PUBLIC HEARING TO CONFIRM A DIAGRAM AND ASSESSMENTS FOR LIGHTING 4 Resolution No. CSD 2022-__
Date Adopted: June 21, 2022
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, Paul Bradvica, Secretary of the Moreno Valley Community Services District, Moreno Valley, California do hereby certify that Resolution No. CSD 2022-__ was duly and regularly adopted by the Board of Directors for the Moreno Valley Community Services District at a regular meeting held on the 21st day of June 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Boardmembers, Vice-President and President)
_________________________________
SECRETARY
(SEAL)
F.4.a
Packet Pg. 3510 Attachment: Resolution Confirming Assessments (5625 : PUBLIC HEARING TO CONFIRM A DIAGRAM AND ASSESSMENTS FOR LIGHTING
Annual Engineer's Report
Fiscal Year 2022/23
Prepared For
May 2022
Moreno Valley Community Services District
Lighting Maintenance District No. 2014-01
F.4.b
Packet Pg. 3511 Attachment: LMD 2014-01 Assessment Engineer's Report (5625 : PUBLIC HEARING TO CONFIRM A DIAGRAM AND ASSESSMENTS FOR W.O. No. 22-8003 (201401/default)
ENGINEER’S REPORT
FOR THE ANNUAL LEVY
FOR FISCAL YEAR 2022/23
MORENO VALLEY COMMUNITY SERVICES DISTRICT
COUNTY OF RIVERSIDE
STATE OF CALIFORNIA
LIGHTING MAINTENANCE DISTRICT NO. 2014-01
Approved by the Board of Directors of the Moreno Valley Community Services District on the day of , 2022.
Secretary of the Board of Directors
F.4.b
Packet Pg. 3512 Attachment: LMD 2014-01 Assessment Engineer's Report (5625 : PUBLIC HEARING TO CONFIRM A DIAGRAM AND ASSESSMENTS FOR Table of Contents
- TOC 1 -
Engineer’s Report ____________________________________________________________________ i Sections
Section 1. Plans and Specifications __________________________________________________ 1 Section 2. Method of Apportionment ________________________________________________ 2 Section 3. Estimate of Improvement Costs ____________________________________________ 7 Section 4. District Diagrams _______________________________________________________ 10 Section 5. Assessment Roll _______________________________________________________ 14 Tables
Table 3-1. FY 2022/23 Budget ______________________________________________________ 8 Table 3-2. FY 2022/23 Assessment Rates _____________________________________________ 9 Diagrams
Diagram 4-1. Zone 01 ______________________________________________________________ 11 Diagram 4-2. Zone 02 ______________________________________________________________ 12 Diagram 4-3. Zone 03 ______________________________________________________________ 13 F.4.b
Packet Pg. 3513 Attachment: LMD 2014-01 Assessment Engineer's Report (5625 : PUBLIC HEARING TO CONFIRM A DIAGRAM AND ASSESSMENTS FOR Engineer’s Report for FY 2022/23
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 i AGENCY: MORENO VALLEY COMMUNITY SERVICES DISTRICT,
RIVERSIDE COUNTY, CALIFORNIA
PROJECT: ANNUAL ENGINEER'S REPORT STATEMENT
DISTRICT: LIGHTING MAINTENANCE DISTRICT NO. 2014-01
TO: THE MORENO VALLEY COMMUNITY SERVICES DISTRICT BOARD OF DIRECTORS I, Matthew E. Webb, a Professional Civil Engineer (employed by Albert A. Webb Associates and retained through an agreement between my employer and Webb Municipal Finance, LLC), acting on behalf of the Moreno Valley Community Services District (the "CSD"), pursuant to the Landscaping and Lighting Act of 1972 (California Streets and Highways Code Section 22500 et seq.) (the "1972 Act"), do hereby submit the following:
Each fiscal year, an Engineer's Report ("Report") is prepared and presented to the CSD Board of Directors (the "Board") describing the CSD’s Lighting Maintenance District No. 2014-01 (the "District"), any changes to the District or improvements, an estimate of the costs of the maintenance, operations, and servicing of the improvements, and the proposed budget and assessments for that fiscal year.
This is the detailed Report for Fiscal Year (FY) 2022/23 regarding the District and the proposed assessments to be levied on the properties therein to provide ongoing funding for the costs and expenses required to service and maintain lighting improvements associated with and resulting from development of properties within the District, in accordance with the proportional special benefits the properties receive from the improvements. The CSD requested Webb Municipal Finance, LLC to prepare and file the Report for the referenced fiscal year.
A public hearing is held each year before the Board to allow the public an opportunity to hear and be heard regarding the District. After reviewing the Report and considering all public comments and written protests presented at the hearing, the Board may approve the report as submitted or with amendments and can adopt a resolution confirming the assessment. The adoption of such a resolution constitutes the levy of the assessment and authorizes the CSD to submit levy information to the Riverside County Auditor/Controller for collection on the tax roll.
In November 1996, the voters of California adopted Proposition 218 (the "Right to Vote on Taxes Act"), which has been codified as Articles XIII C and XIII D of the California Constitution. If, in any year, the proposed annual assessments for the District exceed the maximum assessments previously approved in a Proposition 218 proceeding, such an assessment would be considered a new or increased assessment and be subject to a mailed property owner protest ballot proceeding.
This Report and the information contained herein reflect the proposed budget for each of the various services provided by the District and the rates and assessments applicable to those services as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor’s maps for a detailed description of the lines and dimensions of the parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the Board of Directors of the Moreno Valley Community Services District. Please note that Albert A. Webb Associates provides engineering advice and related consulting services. Albert A. Webb Associates is not a registered municipal advisor and does not participate in municipal advisory activities, and nothing in this Engineer’s Report is, or should be interpreted to be, municipal advisory services or advice.
F.4.b
Packet Pg. 3514 Attachment: LMD 2014-01 Assessment Engineer's Report (5625 : PUBLIC HEARING TO CONFIRM A DIAGRAM AND ASSESSMENTS FOR Engineer’s Report for FY 2022/23
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 iiF.4.b Packet Pg. 3515
Attachment: LMD 2014-01 Assessment Engineer's Report (5625 : PUBLIC HEARING TO CONFIRM A DIAGRAM AND ASSESSMENTS FOR Engineer’s Report for FY 2022/23
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 iii
INTRODUCTION
The Moreno Valley Community Services District (CSD) was established pursuant to the Community Services District Law (California Government Code Section 61000 et seq.) (the "CSD Law") in 1984 at the time of the incorporation of the City of Moreno Valley (the "City"). The CSD is a dependent special district of the City, and the Moreno Valley City Council serves as the Board of Directors of the CSD. The boundaries of the CSD are the same as those of the City.
Prior to the City’s incorporation, the territory that would become the City of Moreno Valley was unincorporated territory in Riverside County. The County had created County Service Areas (CSA's) to fund and provide certain enhanced services in this territory. The CSD was created so that responsibility for these funding mechanisms (and services) within the territory of the City could be transitioned from CSA's governed by the Riverside County Board of Supervisors to a CSD governed by the Moreno Valley City Council.
The CSD was historically comprised of a number of Zones, each of which provided a specific set of services within a defined portion of the City. Upon establishment of the CSD, Zone B of the CSD provided residential street lighting in certain residential subdivisions. These street lighting services were funded through a charge on the annual property tax roll to parcels served by the street lighting.
With the passage of Proposition 218, a number of substantive and procedural requirements were placed on taxes, assessments, and property-related fees imposed by local governments in California. Although referred to by the CSD as "charges", the charges imposed by Zone B of the CSD were categorized under Proposition 218 as real property assessments.
Street lighting is a maintenance and operation expense for sidewalks and streets. Consequently, the Zone B charges imposed prior to November 5, 1996 were authorized under Article XIII D, Section 5(a) of the Constitution, which permitted the continuation of assessments existing prior to the effective date of Proposition 218 so long as those assessments were imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. Consequently, upon the effective date of Proposition 218, these Zone B charges continued to be levied annually by the CSD without requiring additional property owner approval.
Subsequent to the adoption of Proposition 218, territories (and associated street lights) were added to CSD Zone B. When this occurred, the CSD conducted a mail ballot assessment proceeding with respect to the levy of the Zone B charges as required by Article XIII D, Section 4(e) of the Constitution. Beginning in December 1999, the CSD’s practice when balloting for Zone B charges in new territory was generally to present the charge with an incorporated automatic inflation adjustment. This was not done for the previously approved territory nor for much of the territory added to Zone B between November 1996 and December 1999. Therefore, in some parts of CSD Zone B the charge was imposed annually at a level rate, whereas in other parts of Zone B the maximum charge was increased each year based on inflation.
In May 2014, the CSD formed the District pursuant to the 1972 Act. The District was intended to replace and assume the functions of CSD Zone B. Parcels that had been charged an annual Zone B charge for street lighting services are instead assessed an annual assessment for those services as part of Lighting Maintenance District No. 2014-01. This transition did not increase the amount paid annually by any property owner and did not change the nature or extent of the street lighting services provided. The assessments levied in connection with the assessment district in every way serve as a continuation of the charges levied in connection with Zone B.
The improvements, the method of apportionment, and the special benefit assessments described in this Report are based on the improvements and development of properties within the District and represent an estimate of the direct expenditures and incidental expenses that will be necessary to maintain, service, and operate such improvements for FY 2022/23. The improvements to be maintained in connection with the development of F.4.b
Packet Pg. 3516 Attachment: LMD 2014-01 Assessment Engineer's Report (5625 : PUBLIC HEARING TO CONFIRM A DIAGRAM AND ASSESSMENTS FOR Engineer’s Report for FY 2022/23
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 iv properties within the District and described herein are based on the development plans and specifications for the properties and developments in the District and by reference these plans and specifications are made part of this Report.
The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Parcel Identification Number ("PIN") (formerly known as an "Assessor's Parcel Number" (APN)), by the Riverside County Assessor’s Office. The Riverside County Auditor/Controller uses PINs and a dedicated fund number established for the District to identify properties to be assessed on the tax roll and the allocation of the funds collected.
F.4.b
Packet Pg. 3517 Attachment: LMD 2014-01 Assessment Engineer's Report (5625 : PUBLIC HEARING TO CONFIRM A DIAGRAM AND ASSESSMENTS FOR Engineer’s Report for FY 2022/23
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 v This Report consists of five (5) Sections:
SECTION 1 PLANS AND SPECIFICATIONS: Provides a description of the District boundaries and the improvements associated with the District. The District has three benefit Zones (hereafter referred to as "Zones"), which are described in more detail in this Section as well as in Section 2 (Method of Apportionment). A diagram showing the exterior boundaries of the CSD, the District, and the Zones established within the District, is attached and incorporated herein in Section 4 (District Diagrams). Available plans for the street light installations, including the City's current standard specifications, are on file with the Public Works Department. The location of each street light can be found by using the Moreno Valley Map Viewer located on the City’s website.
SECTION 2 METHOD OF APPORTIONMENT: Provides a discussion of the general and special benefits associated with the overall street lighting improvements provided within the District (Proposition 218 Benefit Analysis). This Section also includes a determination of the proportional costs of the special benefits and a separation of costs considered to be of general benefit (and therefore not assessed). The method of calculating each property’s proportional special benefit and annual assessment using a weighted benefit apportionment is outlined.
SECTION 3 ESTIMATE OF IMPROVEMENT COSTS: Provides an estimate of the annual funding required for the maintenance, servicing, and operation of street lighting improvements within the District and specifically the costs associated with the improvements determined to be of special benefit to parcels within the District. The budget identifies an estimate of anticipated annual expenses to service, maintain, and operate existing street lighting improvements within the District for FY 2022/23 including, but not limited to, servicing of the street lights and related facilities, energy costs, and related incidental expenses authorized by the 1972 Act and pursuant to the provisions of Proposition 218. The budget also identifies the maximum and proposed assessment rates for each Zone of the District and the associated assessment range formula (inflationary adjustment), as applicable.
SECTION 4 DISTRICT DIAGRAMS: Diagrams showing the boundaries of the District and the Zones therein, including all parcels that receive special benefits from the improvements. Reference is hereby made to the Riverside County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District.
SECTION 5 ASSESSMENT ROLL: A listing of the proposed assessment amount for each parcel within the District.
The proposed assessment amount for each parcel is based on the parcel's calculated proportional special benefit as outlined in the method of apportionment and proposed assessment rates established in the District Budget. These assessment amounts represent the assessments proposed to be levied and collected on the County Tax Rolls for FY 2022/23.
F.4.b
Packet Pg. 3518 Attachment: LMD 2014-01 Assessment Engineer's Report (5625 : PUBLIC HEARING TO CONFIRM A DIAGRAM AND ASSESSMENTS FOR
1. Plans and Specifications
Engineer’s Report for FY 2022/23
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 1
DESCRIPTION OF THE DISTRICT
The territory within the District consists of all lots and parcels of land that receive special benefits from the street light improvements funded by the District assessments. The boundaries of the District are comprised of three benefit Zones. Parcels within the District are identified and grouped into one of the three designated Zones based on the special benefits properties receive from the District improvements and the authorized maximum assessments established. The three Zones within the District and the benefits associated with the properties therein are described in more detail in Section 2 (Method of Apportionment) of this Report. In addition, the District Diagram in Section 4 of the Report provides a visual representation of the District showing the boundaries of the District Zones.
DISTRICT FACILITIES AND IMPROVEMENTS
The street lights funded by the District are primarily low-intensity residential street lights located within the District, spaced approximately every 125 feet within a subdivision. Generally, high-intensity lights outside the subdivisions are funded through other revenue sources and are not part of the District assessments.
Southern California Edison (SCE) provides electricity to the street lights owned by the City and the City is responsible for providing maintenance and servicing of the light fixtures and poles. All of the City-owned street lights have been retrofitted to Light Emitting Diode (LED) fixtures. LED bulbs are more energy efficient and are expected to have a longer life span than the high-pressure sodium vapor bulbs they replaced.
The maintenance, operation, and servicing of the District’s lighting improvements generally include the furnishing of labor, materials, equipment, and electricity for the ordinary and usual maintenance, operation, and servicing of street lights within the public right-of-ways and easements dedicated to the City. These activities include, but are not limited to:
• Furnishing of electric current or other illuminating agent. • Maintenance, repair, and replacement of light poles and fixtures, including changing light bulbs, painting, photoelectric cell repair or replacement, and repairing damage cause by accidents, vandalism, time, and weather.
• Electrical conduit and pull-box repair and replacement due to damage by construction and weather. • Monitoring of the Underground Service Alert (USA) network, identification of proposed excavation in the vicinity of lighting electrical conduits, and marking the location of those underground conduits in the field to prevent damage by excavation.
• Service, maintenance, repair, and replacement including replacing worn out electrical components and repairing damage due to accidents, vandalism, and weather. • Periodic repair and rehabilitation of the street lighting system including replacement of old equipment with new or reconditioned equipment; and repair, removal or replacement of related equipment as required including, but not limited to, lighting fixtures, poles, meters, conduits, electrical cable, and relocation of street light facilities as necessary, including the purchase and installation of related equipment and facilities. • Street light inventory database, pole numbering, and mapping to establish the number of street lights that must be maintained, as well as the condition and location of these street lights as part of an effective maintenance program.
• Responding to citizen inquiries regarding street lighting.
F.4.b
Packet Pg. 3519 Attachment: LMD 2014-01 Assessment Engineer's Report (5625 : PUBLIC HEARING TO CONFIRM A DIAGRAM AND ASSESSMENTS FOR
2. Method of Apportionment
Engineer’s Report for FY 2022/23
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 2 The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, including the acquisition, construction, installation, and servicing of street lighting improvements and related facilities. The 1972 Act requires that the cost of these improvements be levied according to benefit rather than assessed value.
Section 22573 defines the net amount to be assessed as follows:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." Section 22574 provides for zones as follows:
"The diagram and assessment may classify various areas within an assessment district into different zones where, by reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory which will receive substantially the same degree of benefit from the improvements." The formulas used for calculating assessments and the designation of zones herein reflect the composition of parcels within the District and the improvements and activities to be provided and have been designed to fairly apportion the cost of providing those improvements based on a determination of the proportional special benefits to each parcel, consistent with the requirements of the 1972 Act and the provisions of Proposition 218 and Article XIII D of the California Constitution.
PROPOSITION 218 BENEFIT ANALYSIS
The costs of the improvements for FY 2022/23 have been identified and allocated to properties within the District based on special benefit. The improvements provided by the District and for which properties are assessed are public street lighting improvements. These improvements generally were installed in connection with the development of the properties within the District and were required by the City as a condition of development.
Article XIII D Section 2(d) defines District as follows:
"District" means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service.
Article XIII D Section 2(i) defines Special Benefit as follows:
"Special benefit" means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute "special benefit."
Article XIII D Section 4(a) defines proportional special benefit assessments as follows:
An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed. The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.
F.4.b
Packet Pg. 3520 Attachment: LMD 2014-01 Assessment Engineer's Report (5625 : PUBLIC HEARING TO CONFIRM A DIAGRAM AND ASSESSMENTS FOR
2. Method of Apportionment
Engineer’s Report for FY 2022/23
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 3
BENEFIT ANALYSIS
Special Benefit
The street lighting in the District is primarily low-intensity street lighting that is useful for illuminating the sidewalks and parking lanes in the District. This lighting is distinct from the high-intensity lights installed on major streets which serve in part to enhance traffic safety. Residential street lights are of lower intensity, but more closely spaced, than the high-intensity street lights. These sorts of low-level, low-intensity residential street lights provide three main special benefits: (i) residential security benefit, (ii) pedestrian safety benefit, and (iii) parkway/roadway egress benefit. Because traffic in the District is largely limited to local traffic consisting of residents and residents’ guests traveling to and from property within the District, it is reasonable to assume that essentially all pedestrians and parking vehicles in the lit areas will, after dark, be directly associated with an assessed dwelling unit.
With the exception of the development that comprises Zone 03 (discussed below), the street lights within the District are consistent with the City’s typical intensity and spacing standards for residential lighting at the time of development and each parcel to be assessed is served directly by the system of street lights providing appropriate lighting within the subdivision. Consequently, we conclude that each residential parcel within the District receives substantially similar benefit from the improvements regardless of their location within the District. Furthermore, the cost of maintaining and operating each light is substantially the same, regardless of the location of the light within the District.
General Benefit
Approximately 5% of the street lights funded by the District are located at the perimeter/entryway of a residential development. These perimeter/entryway lights, in contrast to the remainder of the lights funded by the District, arguably provide some illumination that extends beyond the boundaries of the developments and parcels being assessed within the District, that enhances the safety of members of the public unassociated with an assessed parcel, that illuminates traffic or parking on major thoroughfares, or that otherwise provides services to the general public. Although, in general, these street lights exist solely because of the development of assessed parcels, and although the primary purpose of these lights is to provide illumination benefiting assessed parcels, they may provide some level of general benefit in addition to the special benefits provided to the assessed parcels.
We estimate that this general benefit constitutes not more than 25% of the total benefit from perimeter/entryway lights. As 25% of the benefit from 5% of the lights constitutes not more than 2% of the total benefit from all improvements operated and maintained by the District, we determine that the total general benefit from operation and maintenance activities will not exceed 2% of operations and maintenance costs.
F.4.b
Packet Pg. 3521 Attachment: LMD 2014-01 Assessment Engineer's Report (5625 : PUBLIC HEARING TO CONFIRM A DIAGRAM AND ASSESSMENTS FOR
2. Method of Apportionment
Engineer’s Report for FY 2022/23
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 4
ZONES OF BENEFIT
In an effort to ensure an appropriate allocation of the estimated annual cost to provide the District improvements based on proportional special benefits, this District was established with benefit Zones as authorized pursuant to Chapter 1 Article 4, Section 22574 of the 1972 Act:
"The diagram and assessment may classify various areas within an assessment district into different zones where, by reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory which will receive substantially the same degree of benefit from the improvements." There are three Zones within the District. The bulk of the parcels in the District are located in either Zone 01 or Zone 02. These Zones are defined separately, largely for administrative purpose, as the level of service is substantially identical in the two Zones and the ratio of the number of lights to the number of parcels is substantially the same. Zone 01 consists of those parcels that, as a result of Proposition 218, are subject to an assessment that is not annually adjusted for inflation. Zone 02 consists of those parcels for which the assessment can be adjusted annually for inflation.
Zone 03 consists of 65 residential parcels located in Tract 21958. This tract is unique within the District because it was developed with a substantially lower street light density (street lights are spaced farther apart than the residential street lights typically found in the residential tracts of Zone 01 and Zone 02). As a result, the parcels in Tract 21958 generally receive less lighting than parcels elsewhere in the District, and the per parcel cost of providing street light special benefits to Tract 21958 parcels is substantially less than the cost of providing benefits elsewhere in the District.
For FY 2022/23:
• Zone 01 includes 32,716 parcels and has 7,177 street lights. • Zone 02 includes 7,254 parcels and has 1,579 street lights. • Zone 03 includes 65 parcels and 3 street lights.
The District budget, incorporated herein under Section 3 of this Report, provides a summary of the total estimated cost of providing the street lighting improvements and the allocation of those costs between the three Zones (which is based on the number of lights in each Zone) as well as those costs that are considered general benefit.
Details regarding the location and extent of the street lighting improvements within the District and the Zones therein are on file in the Public Works Department, and by reference these documents are made part of this Report. A diagram showing the boundaries of the three Zones outlined above is attached and incorporated herein under Section 4 (District Diagrams) of this Report.
F.4.b
Packet Pg. 3522 Attachment: LMD 2014-01 Assessment Engineer's Report (5625 : PUBLIC HEARING TO CONFIRM A DIAGRAM AND ASSESSMENTS FOR
2. Method of Apportionment
Engineer’s Report for FY 2022/23
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 5
ASSESSMENT METHODOLOGY
The method of apportionment for this District calculates the receipt of special benefit from the respective improvements based on the land use of the parcels.
Equivalent Benefit Unit Application
To proportionally allocate special benefit to each parcel, it is necessary to correlate each property’s proportional benefit to other properties that benefit from the improvements and services being funded. In order to do this, the assessment methodology assigns each parcel a number of Equivalent Benefit Units (EBUs) based on its land use.
One EBU is defined as the special benefit allocable to a single-family residential home. In each case, a parcel is only allocated EBUs in a fiscal year if the street lights serving the parcel (or serving the perimeter of the complex in the case of apartments, condominiums, etc.) has been accepted by the City or will be accepted by the City during the upcoming fiscal year.
Not all parcels are assessed one EBU. EBUs are assigned based on the benefit each parcel receives, using the Assessment Methodology outlined below (e.g., Condos may be assigned an EBU less than one).
Single-Family Residential: This land use is defined as a fully subdivided single-family residential home site with or without a structure. This land use is assigned 1.0 EBU per lot or parcel.
Condominium Residential: This land use is defined as a fully subdivided condominium residential unit assigned its own PIN by the County. EBUs are assigned to these parcels by multiplying the overall acreage of the condominium development by 4 (the typical number of single-family homes in an acre of typical development), and then dividing the result by the number of condominium units/parcels in the development.
Multi-Family Residential and Mobile Home Parks: This land use classification identifies properties that are used for residential purposes and contain more than one residential unit per lot or parcel. The proportional special benefit and EBUs for these parcels is based on acreage, at 4.0 EBUs per acre.
Vacant Parcels: This land use classification identifies properties that are undeveloped and not fully subdivided but are served by a street light improvement. This land use is assigned 1.0 EBU per lot or parcel.
Approved Single-Family Residential: This land use is defined as a fully subdivided single-family residential home site with or without a structure, but the street lights to be installed as part of the development have not yet been installed and are not anticipated to come online this fiscal year. Generally, these parcels were annexed to the District in anticipation of the property being developed and street lights being installed, but until such time that the street lights are to be installed, these lots or parcels will not be assessed and are assigned 0.0 EBU.
Planned Residential Development: This land use is defined as a property that is currently considered vacant or undeveloped land that is to be subdivided into a known number of residential lots, but the street lights to be installed as part of the development have not yet been installed and are not anticipated to come online this fiscal year. Generally, these parcels were annexed to the District in anticipation of the property being developed and street lights being installed, but that has not yet occurred. Until such time as the street lights are to be installed, these lots or parcels will not be assessed and are assigned 0.0 EBU.
Exempt: This classification means any lot or parcel that is not considered to specially benefit directly from improvements. This classification includes, but is not limited to, areas of public streets, private streets and other F.4.b
Packet Pg. 3523 Attachment: LMD 2014-01 Assessment Engineer's Report (5625 : PUBLIC HEARING TO CONFIRM A DIAGRAM AND ASSESSMENTS FOR
2. Method of Apportionment
Engineer’s Report for FY 2022/23
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 6 roadways; public easements or right-of-ways including landscaped parkways, easement, utility right-of-ways, or easements such as irrigation or drainage ditches, channels, or basins; and flood plains. These types of parcels of land (similar to the improvements) are typically the result of property development rather than the direct cause of development and have little or no need for the improvements. These types of properties may or may not be assigned a PIN by the County.
Also exempt from assessment are lots that are identified as common areas (properties for which the surrounding residential parcels have a shared interest); bifurcated lots; and small parcels vacated by the County or similar sliver parcels that cannot be developed independent of an adjacent parcel. These types of parcels are generally not separately assessed because they are functionally a part of another parcel that is assessed for its own benefit and the benefit of the associated parcel.
CALCULATION OF ASSESSMENTS
An assessment amount per EBU is calculated by:
Taking the "Total Annual Expenses" (total budgeted costs) and subtracting the proportional "General Benefit Costs" which establishes the "Total Special Benefit Costs".
Total Amount Expenses - General Benefit Costs = Total Special Benefit Costs To the resulting "Total Special Benefit Costs", various "Other Available Funding" adjustments are applied. For further information please reference line items in the budget on the following page under "Other Available Funding."
These adjustments to the Total Special Benefit Costs result in the "Net Special Benefit Assessment".
Total Special Benefit Costs +/- Other Available Funding = Net Special Benefit Assessment The amount identified as the "Net Special Benefit Assessment" is divided by the Total EBUs of parcels to be Assessed to establish the "Assessment Rate" or "Assessment per EBU" for the fiscal year. The Assessment Rate is then applied to each parcel's individual EBU to calculate the parcel's proportionate special benefit and assessment obligation for the improvements.
Net Special Benefit Assessment / Total EBU (to be Assessed) = Assessment per EBU F.4.b
Packet Pg. 3524 Attachment: LMD 2014-01 Assessment Engineer's Report (5625 : PUBLIC HEARING TO CONFIRM A DIAGRAM AND ASSESSMENTS FOR
3. Estimate of Improvement Costs
Engineer’s Report for FY 2022/23
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 7
DISTRICT BUDGET
The budget outlines the estimated costs to maintain the improvements and the anticipated expenditures for FY 2022/23. Operation and Maintenance (O&M) costs were allocated amongst the Zones proportionately to the number of street lights serving the Zones.
F.4.b
Packet Pg. 3525 Attachment: LMD 2014-01 Assessment Engineer's Report (5625 : PUBLIC HEARING TO CONFIRM A DIAGRAM AND ASSESSMENTS FOR
3. Estimate of Improvement Costs
Engineer’s Report for FY 2022/23
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 8 Table 3-1
FY 2022/23 Budget
Zone 01 Zone 02 Zone 03 Total
Annual Operating Expenses
Operations & Maintenance $86,110.89 $19,093.06 $36.05 $105,240.00
Utilities $1,201,575.95 $266,421.08 $502.97 $1,468,500.00
Total O&M Expenses $1,287,686.84 $285,514.14 $539.02 $1,573,740.00
Incidental/Administrative Expenses
District Administration $51,694.36 $11,462.00 $21.64 $63,178.00
County Fees $15,955.55 $3,537.77 $6.68 $19,500.00
Miscellaneous Administrative Expenses $654.59 $145.14 $0.27 $800.00
Total Incidental/Administrative Expenses $68,304.50 $15,144.91 $28.59 $83,478.00
Contribution to Fund Balance $0.00 $0.00 $0.00 $0.00
Total Annual Expenses $1,355,991.34 $300,659.05 $567.61 $1,657,218.00
General Benefit Costs ($27,124.45) ($6,014.20) ($11.35) ($33,150.00)
Total Special Benefit Costs $1,328,866.89 $294,644.85 $556.26 $1,624,068.00
Other Available Funding
Use of Reserves a $0.00 $0.00 $0.00 $0.00
Additional Agency Contribution b ($466,825.99) ($37,260.01) ($121.19) ($504,207.19)
Other Revenue Sources c ($107,679.54) ($23,875.39) ($45.07) ($131,600.00)
Total Contributions/Adjustments ($574,505.53) ($61,135.40) ($166.26) ($635,807.19)
NET SPECIAL BENEFIT ASSESSMENT $754,361.36 $233,509.45 $390.00 $988,260.81
District Statistics
Total Parcels d 32,716 7,254 65 40,035
Total Assessed Parcels 32,708 7,194 65 39,967
Total EBUs 32,798 7,194 65 40,057
Proposed Assessment per EBU $23.00 $32.47 $6.00
Maximum Assessment per EBU $23.00 $32.47 $6.00
Reserve Fund/Fund Balance
Estimated Beginning Fund Balance as of July 1, 2022 $0.00 $0.00 $0.00 $0.00
Revenue and City Contributions $1,328,866.89 $294,644.85 $556.26 $1,624,068.00
Contribution to/(Use of Reserve Funds) $0.00 $0.00 $0.00 $0.00
Expenditures less General Benefit Costs ($1,328,866.89) ($294,644.85) ($556.26) ($1,624,068.00)
Estimated Ending Fund Balance as of June 30, 2023 $0.00 $0.00 $0.00 $0.00 Slight variances are due to rounding.
a There are no fund balances available.
b The Additional Agency Contribution bridges the shortfall between the Special Benefit Costs and the Assessment that will be levied. This contribution is in addition to the General Benefit Costs.
c Includes property taxes and interest income.
d "Total Parcels" includes all assessable parcels, including parcels that will be served by lighting in the future and have a current EBU of zero. Note that all parcels that benefit from the services are assessed on the tax roll. Because the District exclusively includes the internal streets in residential subdivisions, there are no benefitting government-owned parcels in the District.
F.4.b
Packet Pg. 3526 Attachment: LMD 2014-01 Assessment Engineer's Report (5625 : PUBLIC HEARING TO CONFIRM A DIAGRAM AND ASSESSMENTS FOR
3. Estimate of Improvement Costs
Engineer’s Report for FY 2022/23
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 9
ASSESSMENT RATES
The following shows the assessment rates applicable to each Zone for FY 2022/23 based on the budget and the method of apportionment presented in this Report.
Table 3-2
FY 2022/23 Assessment Rates
Zone Maximum Rates Applied Assessment Rates
Zone 01 $23.00 $23.00 per EBU
Zone 02 a $32.47 $32.47 per EBU
Zone 03 $6.00 $6.00 per EBU
a
The Maximum Assessment Rate includes an inflationary adjustment previously balloted and approved by the property owners.
Note that for FY 2022/23 there are:
• 32,798 EBUs in Zone 01 sharing $1,328,866.89 in proportional special benefit. • 7,194 EBUs in Zone 02 sharing $294,644.85 in proportional special benefit. • 65 EBUs in Zone 03 sharing $556.26 in proportional special benefit. • The proposed assessment rate in each Zone does not exceed the cost of the proportional special benefits per EBU for that Zone.
ANNUAL INFLATIONARY ADJUSTMENT (ASSESSMENT RANGE FORMULA) FOR ZONE 02 Each year, the Board of Directors considers whether the Annual Assessment per EBU should be set at the Maximum Assessment Rate, as previously approved by the property owners, or if a lower assessment rate per EBU should be applied based on the budgeted costs.
The Maximum Assessment Rate per EBU is calculated annually using the percentage change for the previous calendar year in the All Urban Consumers Consumer Price Index, (CPI or "Index"), as published by the Department of Labor’s Bureau of Labor Statistics for the Los Angeles-Long Beach-Anaheim Region1. The inflation adjustment from December 2020 to December 2021 is 6.57%.
1 In January 2018, the Bureau of Labor Statistics introduced a new geographic area sample for the Consumer Price Index (CPI). Riverside, CA, which was previously included in the Los Angeles-Riverside-Orange County, CA MSA (Metropolitan Statistical Area), is now included in a separate CBSA (Core Based Statistical Area) and is named Riverside-San Bernardino-Ontario; this Index started at 100.000. The Los Angeles-Riverside-Orange County, CA index was renamed "Los Angeles-Long Beach-Anaheim". Because the Index approved by the property owners was the Los Angeles-Riverside-Orange County index, and it was renamed and not eliminated, CSD General Counsel determined the District would continue to use the Los Angeles-Long Beach-Anaheim index.
F.4.b
Packet Pg. 3527 Attachment: LMD 2014-01 Assessment Engineer's Report (5625 : PUBLIC HEARING TO CONFIRM A DIAGRAM AND ASSESSMENTS FOR
4. District Diagrams
Engineer’s Report for FY 2022/23
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 10
DISTRICT DIAGRAMS
The following boundary maps depict the parcels within the three Zones that make up the District, which are those that existed at the time this Report was prepared. The combination of these maps and the Assessment Roll referenced by this Report constitute the Assessment Diagram for the District.
F.4.b
Packet Pg. 3528 Attachment: LMD 2014-01 Assessment Engineer's Report (5625 : PUBLIC HEARING TO CONFIRM A DIAGRAM AND ASSESSMENTS FOR
4. District Diagrams
Engineer’s Report for FY 2022/23 Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 11 Diagram 4-1 F.4.b
Packet Pg. 3529
Attachment: LMD 2014-01 Assessment Engineer's Report (5625 : PUBLIC HEARING TO CONFIRM A
4. District Diagrams
Engineer’s Report for FY 2022/23 Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 12 Diagram 4-2 F.4.b
Packet Pg. 3530
Attachment: LMD 2014-01 Assessment Engineer's Report (5625 : PUBLIC HEARING TO CONFIRM A
4. District Diagrams
Engineer’s Report for FY 2022/23 Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 13 Diagram 4-3 F.4.b
Packet Pg. 3531
Attachment: LMD 2014-01 Assessment Engineer's Report (5625 : PUBLIC HEARING TO CONFIRM A
5. Assessment Roll
Engineer’s Report for FY 2022/23
Moreno Valley Community Services District Lighting Maintenance District No. 2014-01 14
ASSESSMENT ROLL
The PIN for each lot or parcel within the District is based on available parcel maps and property data from the Riverside County Assessor’s Office. A listing of the parcels to be assessed within this District, along with the corresponding assessment amounts to be levied for FY 2022/23 has been provided electronically to the Secretary of the CSD Board (City Clerk). The listing is incorporated herein by reference. The Report can also be found online at the City’s website at www.moval.org/sd. If any PIN identified therein is submitted for collection and identified by the County Auditor/Controller of the County of Riverside to be an invalid parcel number for any fiscal year, a corrected PIN and/or new PIN(s) will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment, as described in this Report and as approved by the CSD Board.
F.4.b
Packet Pg. 3532 Attachment: LMD 2014-01 Assessment Engineer's Report (5625 : PUBLIC HEARING TO CONFIRM A DIAGRAM AND ASSESSMENTS FOR F.4.b
Packet Pg. 3533 Attachment: LMD 2014-01 Assessment Engineer's Report (5625 : PUBLIC HEARING TO CONFIRM A DIAGRAM AND ASSESSMENTS FOR Report to City Council
ID#5626 Page 1
TO: Mayor and City Council Acting in its Capacity as
President and Members of the Board of Directors of the
Moreno Valley Community Services District (CSD)
FROM: Brian Mohan, Assistant City Manager
AGENDA DATE: June 21, 2022
TITLE: PUBLIC HEARING TO CONFIRM DIAGRAMS AND
ASSESSMENTS FOR LANDSCAPE MAINTENANCE
DISTRICT NO. 2014-02 FOR FISCAL YEAR 2022/23
(RESO. NO. CSD 2022-__)
RECOMMENDED ACTION
Recommendations: That the CSD:
1. Conduct the Public Hearing on the proposed levy of real property assessments for Moreno Valley Community Services District Landscape Maintenance District No. 2014-02.
2. Adopt Resolution No. CSD 2021-___, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, Ordering that Costs for Certain Improvements Shall Be Raised Through Installments Over a Period of Years and Confirming Diagrams and Assessments for Fiscal Year 2022/23 in Connection with Moreno Valley Community Services District Landscape Maintenance District No. 2014-02.
3. Authorize the Chief Financial Officer to adjust the proposed assessments in the event there are any parcel changes, clerical errors, or other adjustments as may be necessary between the date the assessments were calculated and the date the fixed charges are submitted to the County of Riverside, provided the applied assessments do not exceed the maximum assessments and are in compliance with the formation documents for the district.
SUMMARY
F.5
Packet Pg. 3534
This report recommends the Board for the Moreno Valley Community Services District (“CSD Board”) conduct a Public Hearing and consider adoption of the resolution (Attachment 1), which confirms the diagrams (i.e. maps), authorizes the levy of assessments on the fiscal year (FY) 2022/23 property tax roll, and orders the collection of revenue for future capital improvement projects for Moreno Valley Community Services District Landscape Maintenance District No. 2014-02 (“LMD No. 2014-02” or “District”). This is a routine process that occurs each year.
The proposed assessments are a continuation of the real property assessments currently levied on the property tax bills. There are no increases proposed to the maximum assessments other than an annual inflationary adjustment, provided the property owners previously approved such adjustment. Revenue received from the assessments partially funds the ongoing maintenance of the public landscaping within the District and in some zones, is collected for related capital improvement or reinvestment projects.
The Finance Subcommittee was scheduled to review the annual inflationary adjustments proposed to be applied to the maximum assessment rates, if previously authorized by the property owners, at its February 22, 2022 meeting.
DISCUSSION
On May 27, 2014, the CSD Board adopted its Resolution No. CSD 2014-09, establishing LMD No. 2014-02 (certain former CSD landscape zones). On May 12, 2015, Zone 09 annexed into the District. There are eleven benefit zones included in LMD No. 2014-02. Each zone provides a specific set of public landscape maintenance services within a defined geographical area of the City. Property owners of benefitting parcels in the zones pay a special assessment, which is levied on their annual property tax bill, to fund the cost of maintaining the public landscaping within the zone (i.e.
Special Benefit). Revenue received from the assessment funds the cost to provide the Special Benefit, as defined in the Assessment Engineer’s Report (“Report”) (Attachment 2), to maintain the public landscaping located within the District. The Report is also available from the City Clerk’s office and accessible from the City’s website (www.moval.org/sf).
Each year, the CSD Board must initiate proceedings and conduct a Public Hearing (Landscaping and Lighting Act of 1972) to receive public input on the proposed levy.
The assessments cannot be levied on the property tax roll, nor can an adjustment be made to the maximum assessment rate unless the property owners previously approved and the CSD Board authorizes such actions. Approval of the resolution confirms the maps and confirms the maximum and applied assessments. The resolution also authorizes the County to levy the assessments on the FY 2022/23 property tax roll.
On April 5, 2022, the CSD Board adopted resolutions to initiate the annual proceedings for the FY 2022/23 levy and approved the Report. The Report includes a description of the improvements within the District and the proposed service levels, the estimated F.5
Packet Pg. 3535
annual expenses for each zone, funding to be collected for capital improvement projects within a zone, the method of assessment apportionment for each lot or parcel within the District boundaries, and diagrams showing the parcels within the zones that make up the District.
At the time the City accepts an area’s public landscaping for maintenance, the assessment is set at a rate sufficient to fund the City’s standard frequency of service, Level 1 (4-week rotation). For those zones where costs to maintain the landscaping have increased and the property owners have not approved a mail ballot proceeding to adjust the assessment rate to fund those increases, the frequency of service has been reduced to a level consistent with available funding. The table below identifies each of the benefit zones and proposed service level for FY 2022/23.
Zone Development Service Level1 Sq.Ft. of Landscaping
Zone 01 Towngate Level 1 323,609
Zone 01A Renaissance Park Level 3 72,335
Zone 02 Hidden Springs Level 1 3,574,172
Zone 03 Moreno Valley Ranch - West Level 1 866,943
Zone 03A Lasselle Powerline Parkway Level 3 53,774
Moreno Valley Ranch - East
Parkways Level 5
Medians Level 3
Zone 05 Promontory Park Level 1 98,392
Zone 06 Mahogany Fields Level 1 178,564
Zone 07 Celebration Level 1 225,154
Zone 08 Shadow Mountain Level 1 76,771
Zone 09 Savannah Level 1 64,456
1 Frequency of Service. Each level is increased by 4-week increments. Level 1=4-week; Level 3=12-week; Level 5=20-week.
Zone 04 980,404
The Report also provides an analysis of each zone’s annual financial status. It separates and apportions the cost of General Benefit, as defined in the Report, and the cost of Special Benefit (i.e. funded by the assessment) of the landscape maintenance services to the benefitting properties. The General Fund is also programmed to cover additional costs, aside from the cost of General Benefit, which are outlined in the Fiscal Impact section of this report.
The maximum assessment rate is the maximum amount that can be used to calculate the assessment levied on the property tax roll. If the property owners previously approved an annual inflationary adjustment, the Report recommends adjusting the maximum rates by the adjustment. Zone 04 is the only zone without a property owner approved adjustment.
The applied assessment rate is the amount that is used to calculate the assessment actually levied on the property tax roll. The applied assessment is the amount necessary to fund the services of the zone, including administration and reserves, for the upcoming fiscal year. The applied assessment rate cannot exceed the maximum assessment rate. The assessment is calculated by applying the rate on an equivalent F.5
Packet Pg. 3536
benefit unit basis, as defined in the Report, of those parcels in the zone. The proposed maximum and applied assessments, by parcel, are included in the Report.
Conflict of Interest Analysis
Regarding a special financing district pertaining to the provision of a public service, a council member who lives in said district may participate in adjusting the amount of the district’s assessment so long as the increase or decrease is the same for everyone else living within the assessment district. This is known as the “Public Generally Exception.” FPPC Regulations § 18703. Public Generally.
(e) Specific Rules for Special Circumstances. The financial effect on a public official's financial interest is deemed indistinguishable from that of the public generally where there is no unique effect on the official's interest if the official establishes:
(1) Public Services and Utilities. The decision sets or adjusts the amount of an assessment, tax, fee, or rate for water, utility, or other broadly provided public services that is applied equally, proportionally, or by the same percentage to the official's interest and all businesses, properties, or individuals subject to the assessment, tax, fee, or rate. This exception does not apply if the decision would impose the assessment, tax or fee, or determine the boundaries of a property, or who is subject to the assessment, tax, or fee. Under this exception, an official is only permitted to take part in setting or adjusting the amount of the assessment, tax, or fee, once the decisions to implement, and determine the property or persons subject to the assessment, tax, or fee, have already been made.
This action meets the Strategic Plan Priorities by managing and maximizing Moreno Valley’s public infrastructure to ensure an excellent quality of life, develop and implement innovative, cost effective infrastructure maintenance programs, public facilities management strategies, and capital improvement programming and project delivery.
ALTERNATIVES
1. Conduct the Public Hearing and approve the recommended actions as presented. Staff recommends this alternative, as it is consistent with the 1972 Act and will allow for collection of revenue necessary to support the services the District was created to provide. This alternative will avoid burdening the General Fund to provide the services.
2. Conduct the Public Hearing and do not approve the recommended actions. Staff does not recommend this alternative as it may prevent the City from levying the FY 2022/23 assessments and collecting the funding to support the services of the District as requested by the property owners.
F.5
Packet Pg. 3537
Selection of this alternative may require a contribution from the General Fund.
3. Open the Public Hearing but continue consideration of the remaining recommendations to a future regular CSD Board meeting. Staff does not recommend this alternative as it may prevent the City from meeting the County’s deadline to include the assessment on the FY 2022/23 property tax roll.
FISCAL IMPACT
Property owners pay the LMD No. 2014-02 assessment as a part of their annual property tax bill. The assessment, including inflationary adjustments where applicable, has been approved by the property owners through prior proceedings. Funds received for the benefit of each zone are restricted and can only be used to fund the services of that zone. The recommended assessment rates for FY 2022/23 are listed in the table below.
Zone # of EBUs1 Maximum2 Applied3,4 Maximum2 Applied3
Adjustment to
Maximum4
Change in
Applied
Assessment
Revenue5
Zone 01 2,185 $ 157.80 $ 157.86 $ 168.23 $ 168.23 6.57% $ 10.37 $ 367,521.34 Zone 01A 557 $ 96.65 $ 96.65 $ 103.00 $ 103.00 6.57% $ 6.35 $ 57,371.00 Zone 02 1,247 $ 497.96 $ 497.96 $ 530.67 $ 530.67 6.57% $ 32.71 $ 661,564.46 Zone 03 4,507 $ 157.86 $ 157.86 $ 168.23 $ 168.23 6.57% $ 10.37 $ 758,096.58 Zone 03A 467 $ 83.94 $ 83.94 $ 89.45 $ 89.45 6.57% $ 5.51 $ 41,768.48 Zone 046
2,395 $ 110.00 $ 110.00 $ 110.00 $ 110.00 0.00% $ - $ 263,463.20 Zone 057
334 $ 496.10 $ 25.36 $ 528.69 $ 65.36 6.57% $ 40.00 $ 21,830.24 Zone 067
424 $ 347.37 $ 141.15 $ 370.20 $ 181.15 6.57% $ 40.00 $ 76,803.36 Zone 077
262 $ 416.15 $ 38.16 $ 443.49 $ 78.16 6.57% $ 40.00 $ 20,477.92 Zone 087
291 $ 366.46 $ 80.16 $ 390.53 $ 120.16 6.57% $ 40.00 $ 34,966.56 Zone 097,8
150 $ 763.05 $ 258.66 $ 813.19 $ 298.66 3.00% $ 40.00 $ 44,799.00 Total Projected Assessment Revenue $ 2,348,662.14
1Equivalent Benefit Units. Generally, an EBU is equivalent to a single-family residential (SFR) parcel. Properties other than SFR (e.g. undeveloped land or condo) will be assigned an EBU greater or less than 1, depending upon the formula in the Engineer's Report.(Rounded). 2Maximum Rate that can be used to calculate assessment levied as previously authorized by the property owners.(Rounded) 3Applied Rate is the amount used to calculate the assessment levied on the property tax roll. (Rounded) 4Property owner approved inflationary adjustment to max rate based on percentage change calculated for the prior year in the Los Angeles-Long Beach-Anaheim Regional Consumer Price Index, as published by the Department of Labor’s Bureau of Labor Statistics (index approved by property owners). 5Amount calculated may differ due to rounding.
6Does not have a property owner approved annual adjustment. 7Applied rate lower due to projected expenses and/or available fund balances. 8Property owners authorized an annual inflationary adjustment to the maximum assessment rate equal to the greater of CPI or 3.0%.
Proposed FY 2022/23
LMD 2014-02 Assessment Rates
(Landscape Maintenance)
FY 2021/22
For FY 2022/23, the property assessments are projected to generate $2,348,662.14 in revenue. The projected expenditures for the District are $3,009,243.38. Other revenue F.5
Packet Pg. 3538