Agenda packet, regular meeting — Moreno Valley City Council, January 3, 2023 (part 1 of 3)

AGENDA

CITY COUNCIL OF THE CITY OF MORENO VALLEY

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY AS SUCCESSOR AGENCY FOR THE

COMMUNITY REDEVELOPMENT AGENCY OF

THE CITY OF MORENO VALLEY

MORENO VALLEY HOUSING AUTHORITY

MORENO VALLEY PUBLIC FINANCING AUTHORITY

BOARD OF LIBRARY TRUSTEES

January 3, 2023

REGULAR MEETING – 6:00 PM
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City Council Study Sessions
Second Tuesday of each month – 6:00 p.m.

City Council Meetings
Special Presentations – 5:30 P.M.

First & Third Tuesday of each month – 6:00 p.m.

City Council Closed Sessions
Will be scheduled as needed at 4:30 p.m.

City Hall Council Chamber – 14177 Frederick Street

Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities, in compliance with the Americans with Disabiliti es Act of 1990. Any person with a disability who re quires a modification or accommodation in order to participate in a meeting should direct such request to the ADA Coordinator, at 951.413.3350 at least 72 hours before the meeting. The 72 -hour notification will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Ulises Cabrera, Mayor

Edward A. Delgado, Mayor Pro Tem David Marquez, Council Member

Cheylynda Barnard, Council Member Elena Baca-Santa Cruz, Council Member ..

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AGENDA

CITY COUNCIL OF THE CITY OF MORENO VALLEY
January 3, 2023

CALL TO ORDER - 5:30 PM

SPECIAL PRESENTATIONS

PROCLAMATION RECOGNIZING JANUARY 2023 AS NATIONAL MENTORING MONTH

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.AGENDA

JOINT MEETING OF THE

CITY COUNCIL OF THE CITY OF MORENO VALLEY

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY AS SUCCESSOR AGENCY FOR THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF MORENO VALLEY

MORENO VALLEY HOUSING AUTHORITY

MORENO VALLEY PUBLIC FINANCING AUTHORITY

AND THE BOARD OF LIBRARY TRUSTEES

*THE CITY COUNCIL RECEIVES A SEPARATE STIPEND FOR CSD
MEETINGS*

REGULAR MEETING – 6:00 PM
JANUARY 3, 2023

CALL TO ORDER

Joint Meeting of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency, Housing Authority and the Board of Library Trustees - actions taken at the Joint Meeting are those of the Agency indicated on each Agenda item.

PLEDGE OF ALLEGIANCE

ROLL CALL

INTRODUCTIONS

PUBLIC COMMENTS ON ANY SUBJECT ON OR NOT ON THE AGENDA UNDER

THE JURISDICTION OF THE CITY COUNCIL

JOINT CONSENT CALENDARS (SECTIONS A-E)
All items listed under the Consent Calendars, Sections A, B, C, D, and E are considered to be routine and non -controversial, and may be enacted by one motion unless a member of the City Council, Community Services District, City a s Successor Agency for the Community Redevelopment Agency, Housing Authority or the Board of Library Trustees requests that an item be removed for separate action. The motion to adopt the Consent Calendars is deemed to be a separate motion by each Agency and shall be so recorded by the City Clerk. Items withdrawn for re port or discussion will be heard after public hearing items.

A. CONSENT CALENDAR-CITY COUNCIL
A.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.
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Recommendation: Waive reading of all Ordinances.

A.2. MINUTES - CITY COUNCIL - REGULAR MEETING - DEC 20, 2022 6:00 PM Recommendation:

1. Approve as submitted.

A.3. SECOND READING AND ADOPTION O F ORDINANCE NO. 994, AMENDING VARIOUS SECTIONS WITHIN TITLE 9 PLANNING AND
ZONING, INCLUDING CHAPTER 9.02 PERMITS AND APPROVAL S,
CHAPTER 9.09 SPECIFIC USE DEVELOPMENT STANDARDS, CHAPTER

9.13 SPECIFIC PLANS, CHAPTER 9.14 LAND DIVISIONS, AND CHAPTER

9.16 DESIGN GUIDELINES; AND ORDINANCE NO. 995 TITLE 3 REVENUE AND FINANCE CHAPTER 3.32 FEE AND SERVICE CHARGE
REVENUE/COST COMPARISON SYSTEM; AND TITLE 8 BUILDINGS AND CONSTRUCTION, CHAPTER 8.12 (FLOOD DAMAGE PREVENTION AND

IMPLEMENTATION OF NATIONAL FLOOD INSURAN CE PROGRAM
(NFIP)). (Report of: Community Development)
Recommendation:

Conduct the second reading by title only and adopt Or dinance Nos. 994 and 995.

A.4. SECOND READING AND CONSIDERATION OF ADOPTION OF
ORDINANCE 993 TO AMEND THE ZONING CLASSIFICATION O F THE

8.77-ACRE PROJECT SITE FROM RESIDENTIAL 5 (R5) DISTRICT TO RESIDENTIAL SINGLE -FAMILY 10 (RS10) DISTRICT FOR THE

PROPERTY LOCATED ON THE NORTHEAST CORNER OF OLIVER
STREET AND BRODIAEA AVENUE ASSESSOR PARCEL NUMBER 486 - 240-010 (Report of: Community Development)
Recommendation:

Conduct the second reading by title only and adopt Ordinance No. 993.

A.5. PEN19-0203 (TR 33607) – APPROVE TRACT MAP 33607 LOCATED ON

PERRIS BOULEVARD, SOUTH OF CACTUS AVENUE AND NORTH OF
DELPHINIUM AVENUE. DEVELOPER: AMERI CAN PACIFIC
INVESTMENTS, INC. (Report of: Public Works)
Recommendations:

1. Approve Tract Map 33607.

2. Authorize the City Clerk to sign the map and transmit said map to the County Recorder’s Office for recordation.

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A.6. A RESOLUTION OF THE CITY COUNCIL O F THE CITY OF MORENO

VALLEY, CALIFORNIA, EXTENDING THE ESTABLISHED SERVICE

AUTHORITY FEE COLLECTION FOR THE ABANDONED VEHICLE
ABATEMENT PROGRAM (Report of: Community Development)
Recommendation:

1. Adopt Resolution No. 2023-xx, a Resolution of the City Co uncil of the City of Moreno Valley, California, extending the established Service Authority fee collection for the Abandoned Vehicle Abatement program through May 31, 2034.

A.7. APPROVE THE FIRST AMENDMENT TO AGREEMENT FOR
PROFESSIONAL CONSULTANT DESIGN SERVICES WITH ALBERT A.

WEBB ASSOCIATES FOR THE SUNNYMEAD MDP LINE B -16A, STAGE 2, PROJECT NO. 804 0015 (Report of: Public Works)
Recommendations:

1. Approve the First Amendment to Agreement for Professional Consultant Services to Albert A. Webb Associat es to provide preliminary engineering, design, and construction support for the Sunnymead Master Drainage Plan (MDP) Line B -16A, Stage 2 project, funded by Rive rside County Flood Control & Water Conservation District (RCFC&WCD);

2. Authorize the City Manager to execute the First Amendment to Agreement for Professional Consultant Services with Albert A. Webb Associates, subject to the approval of the City Attorney;

3. Authorize an amendment to the existing Purchase Order with Albert A.

Webb Associates in the am ount of up to but not to exceed $219,910.00 ($159,916.00 original agreement plus $59,994.00 for First Amendment to Agreement) once the Agreement has been signed by all parties;

4. Authorize an amendment to the Agreement termination date, extending the termination date from June 30, 2023 to December 30, 2024; and

5. Authorize the Public Works Director/City Engineer to execute any subsequent related amendments to the a greement with Albert A. Webb Associates, subject to the approval by the City Attorney.

A.8. PEN21-0206 (TR 37725) – APPROVE TRACT MAP 37725 LOCATED AT

THE SOUTHWEST CORNER OF KRAMERIA AVENUE AND PERRIS
BOULEVARD. DEVELOPER: FPG SUN MORENO VALLEY 66, LL C
(Report of: Public Works)

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Recommendations:

1. Approve Tract Map 37725.

2. Authorize the City Cl erk to sign the map and transmit said map to the County Recorder’s Office for recordation.

A.9. 2023 CITY COUNCIL COMMISSION, BOARD, AND INTER -AGENCY APPOINTMENTS (Report of: City Clerk)
Recommendation:

1. Ratify the appointments to the various committe es and regional bodies as noted on the 2023 Council Committee Participation List - terms end December 31, 2023.

B. CONSENT CALENDAR-COMMUNITY SERVICES DISTRICT
B.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

B.2. MINUTES - CITY COUNCIL - REGULAR MEETING - DECEMBER 20, 2023.

Recommendation:

1. Approve as submitted.

B.3. AUTHORIZE FISCAL YEAR 2023-24 CONTINUED FUNDING APPLICATION

FOR CHILDCARE DEVELOPMENT PROGRAM FUNDS FROM THE

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES AND ACCEPT

FUNDING TO OPERATE CHILDCARE SERVICES FOR FISCAL YEAR
2023-24 AND ADOPT A RE SOLUTION TO CERTIFY APPROVAL OF THE GOVERNING BOARD (Report of: Parks & Community Services) Recommendations: That the City Council and CSD:

1. Authorize the submission of a Continued Funding Application (CFA) for Childcare Development Program Funds from the California Department of Social Services (CDSS) for fiscal year 2023-24; and

2. Upon approval of the CFA, authorize acceptance of Childcare Development Program funds in the approved amount and any subsequent amendments for Fiscal Year (FY) 2023-24 from the CDSS for the purpose of providing school-age childcare and development services and authorize the Chief Financial O fficer (CFO) to make minor modifications to the budget, based on the final contract amount (which could me more or less than estimated); and
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3. Adopt Resolution No. CSD 2023 -___. A resolutio n of the Moreno Valley Community Services District of the City of Mo reno Valley, California, certifying approval of the governing board to enter into this transaction with the California Department of Social Services for providing childcare and development services and to authorize designated personnel to sign contract documents for FY 2023-24.

C. CONSENT CALENDAR - HOUSING AUTHORITY
C.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

C.2. MINUTES - CITY COUNCIL - REGULAR MEETING - DECEMBER 20, 2023.

Recommendation:

1. Approve as submitted.

D. CONSENT CALENDAR - BOARD OF LIBRARY TRUSTEES
D.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

D.2. MINUTES - CITY COUNCIL - REGULAR MEETING - DECEMBER 20, 2023.

Recommendation:

1. Approve as submitted.

E. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY
E.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOP T AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

E.2. MINUTES - CITY COUNCIL - REGULAR MEETING - DECEMBER 20, 2023.

Recommendation:

1. Approve as submitted.
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F. PUBLIC HEARINGS
Questions or comments from the public on a Public Hearing matter are limited to five minutes per individual and must pertain to the subject under consideration.

Those wishing to speak should complete and submit a GOLDENROD speaker slip to the Sergeant-at-Arms.

F.1. APPEAL OF PLANNING COMMISSION DENIAL OF GENERAL PLAN

AMENDMENT, CHANGE OF Z ONE, CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT, AND A TENTATIVE TRACT MAP 37858 TO SUBDIVIDE A 4.81 -ACRE PROJECT SITE IN TO 37 SINGLE-FAMILY LOTS (Report of: Community Development)
That the City Council consider the Appeal filed by RC Hobbs Co mpany, (the “Appellant”) appealing the Planning Commission’s denial of the Appellant’s application for a General Plan Amendment (GPA), Chan ge of Zone, Conditional Use Permit, and Tentative Tract Map to facilitate a 37 -lot single- family residential Planned Unit Development (PUD), located North of Cactus Avenue, East of Moreno Beach Drive, and take any action the City Council deems appropriate.

Recommendations: That the City Council:

1. ADOPT Resolution No. 2022 -XX, attached hereto, DENYING Appeal PAA22-0004.

1. ADOPT Resolution No. 2022-XX, attached hereto:

1. ADOPTING the Initial Study/Mitigated Negative Declaration prepared for General Plan Amendment (PEN20 -0174), Change of Zone (PEN20 -0175); Tentative Tract Map 37858 (PEN20 -0172), and Conditional Use Permit (P EN20-0173) for a Planned Unit Development, on file with the Community Development
Department, incorporated herein by this reference, which was completed in compliance with CEQA and the CEQA Guidelines, and reflects that the Planning Commission and City rev iewed and considered the information contained in the Initi al Study/Mitigated Negative Declaration, and exercised its independent judgment and analysis of the Proposed Project’s potential environmental impacts; and

2. ADOPTING the Mitigation Monitoring and Re porting Program prepared for the Proposed Project, which consists of a Conditional Use Permit (PEN20 -0173) for a Planned Unit Development and Tentative Tract Map 37858 (PEN20 -0172) pursuant to CEQA and the CEQA Guidelines.
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2. ADOPT Resolution No. 2022 -XX, att ached hereto, APPROVING Appeal PAA22-0004:

1. APPROVING General Plan Amendment (PEN20 -0174) based on the Recitals, Evidence contained in the Administrative Records and Findings as set forth in Resolution No. 2022-XX and any necessary and corresponding amendm ent to the City’s Zoning Atlas to reflect the proposed changes in the zoning classification and/or redistricting associated with the General Plan Amendment.

2. APPROVING Conditional Use Permit (PEN20 -0173) and Tentative Tract Map (PEN20 -0172) based on the R ecitals, Evidence contained in the Administrative Records and Findings as set forth in Resolution No. 2022-XX.

3. INTRODUCE Ordinance No. [next in order] approving Change of Zone (PEN20-0175) and corresponding amendment to the City’s Zoning Atlas and the cond itions of approval, based on the Recitals, Evidence and Findings contained in the Administrative Record of the proceedings.

G. GENERAL BUSINESS - NONE

H. ITEMS REMOVED FROM CONSENT CALENDARS FOR DISCUSSION OR

SEPARATE ACTION

I. REPORTS
I.1. CITY COUNCIL REPORTS
(Informational Oral Presentation - not for Council action) March Joint Powers Commission (JPC)
Riverside County Habitat Conservation Agency (RCHCA)
Riverside County Transportation Commission (RCTC)
Riverside Transit Agency (RTA)
Western Riverside Council of Governments (WRCOG)
Western Riverside County Regional Conservation Authority (RCA) School District/City Joint Task Force
I.2. EMPLOYEE ASSOCIATION REPORTS
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I.3. CITY MANAGER'S REPORT
(Informational Oral Presentation - not for Council action)

CLOSING COMMENTS AND/OR REPORTS OF THE CITY COUNCIL, COMMUNITY

SERVICES DISTRICT, CITY AS SUCCESSOR AGENCY FOR THE COMMUNITY

REDEVELOPMENT AGENCY, HOUSING AUTHORITY, PUBLIC FINANCING AUTHORITY, AND THE BOARD OF LIBRARY TRUSTEES.

ADJOURNMENT

PUBLIC INSPECTION
The c ontents of the agenda packet are available for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.

Any written information related to an open se ssion agenda item t hat is known by the City to have been distributed to all or a majority of the City Council less than 72 hours prior to this meeting will be made available for public inspection on the City’s website at www.moval.org and in the City Clerk ’s office at 14177 Frederick Street during normal business hours.
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CERTIFICATION
I, Jane Halstead, City Clerk of the City of Moreno Valley, California, certify that 72 hours prior to this Regular Meeting, the City Council Agenda was posted on the City’s website at: www.moval.org and in the following three public places pursuant to City of Moreno Valley Resolution No. 2007-40:

City Hall, City of Moreno Valley
14177 Frederick Street

Moreno Valley Library
25480 Alessandro Boulevard

Moreno Valley Senior/Community Center
25075 Fir Avenue

Jane Halstead, CMC
City Clerk

Date Posted: December 29, 2023

ID#6068 Page 1
TO:

FROM: Jane Halstead, CMC, City Clerk

AGENDA DATE: January 3, 2023

TITLE: PROCLAMATION RECOGNIZING JANUARY 2023 AS

NATIONAL MENTORING MONTH

RECOMMENDED ACTION

CITY COUNCIL GOALS
None

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.

None

APPROVALS
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MINUTES

CITY COUNCIL REGULAR MEETING OF THE CITY OF MORENO VALLEY December 20, 2022

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CALL TO ORDER - 5:30 PM

SPECIAL PRESENTATIONS - NONE

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Minutes Acceptance: Minutes of Dec 20, 2022 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -2-

MINUTES

JOINT MEETING OF THE

CITY COUNCIL OF THE CITY OF MORENO VALLEY

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY AS SUCCESSOR AGENCY FOR THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF MORENO VALLEY

MORENO VALLEY HOUSING AUTHORITY

MORENO VALLEY PUBLIC FINANCING AUTHORITY

BOARD OF LIBRARY TRUSTEES

REGULAR MEETING – 6:00 PM
December 20, 2022

CALL TO ORDER

The Joint Meeting of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley, Moreno Valley Housing Authority, Moreno Valley Public Financing Authority and the Board of Library Trustees was called to order at 6:00 p.m. by Mayor Cabrera in the Council Chamber located at 14177 Frederick Street.

Mayor Cabrera announced that the City Council receives a separate stipend for CSD meetings.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Mayor Pro Tem Delgado.

INVOCATION

The invocation was led by Dr. C ooper Hagans III, from Unity of the Faith Christian Outreach Ministries.

ROLL CALL

Council: Ulises Cabrera Mayor
Edward A. Delgado Mayor Pro Tem
Elena Baca-Santa Cruz Council Member
David Marquez Council Member
Cheylynda Barnard Council Member

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Minutes Acceptance: Minutes of Dec 20, 2022 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -3-
Roll Call

INTRODUCTIONS

Staff: Jane Halstead Manager of the Office of the Mayor and City Council/City Clerk
Paul Bradvica Deputy City Clerk
Steven Quintanilla Interim City Attorney
Mike Lee City Manager
Brian Mohan Assistant City Manager, Chief Financial
Officer, City Treasurer
Michael Lloyd Assistant City Manager
Manuel Mancha Community Development Director
Melissa Walker Acting Public Works Director/City Engineer Jeremy Bubnick Parks and Community Services Director
Ken Reichle Chief of Police
Jesse Park Fire Chief

PUBLIC COMMENTS ON ANY SUBJECT ON OR NOT ON THE AGENDA UNDER

THE JURISDICTION OF THE CITY COUNCIL
Greg Kuster

1. Congratulated elected officials.

Bob Palomarez

1. Developments in City.

Debra Craig

1. Congratulated elected officials.

2. Proposed suggestions.

Daryl Terrell

1. Promoted community.

Tom Jerele

1. Community Development.

Christopher Baca

1. Edgemont Community Development.

Louise Palomarez
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Minutes Acceptance: Minutes of Dec 20, 2022 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -4-

1. Edgemont Community Development.

Roy Bleckert

1. Critical of Council.

*Public Hearing F.1 was moved to before the Consent Calendar.

JOINT CONSENT CALENDARS (SECTIONS A-E)
All items listed under the Consent Calendars, Sections A, B, C, D, and E are considered to be routine and non -controversial, and may be enac ted by one motion unless a member of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency, Housing Authority or the Board of Library Trustees requests that an item be removed for separate action. T he motion to adopt the Consent Calendars is deemed to be a separate motion by each Agency and shall be so recorded by the City Clerk. Items withdrawn for report or discussion will be heard after public hearing items.

RESULT: APPROVED [UNANIMOUS]
MOVER: Ed Delgado, Mayor Pro Tem
SECONDER: David Marquez, Council Member
AYES: Cabrera, Delgado, Marquez, Barnard, Baca-Santa Cruz A. CONSENT CALENDAR-CITY COUNCIL
A.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALE NDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

A.2. City Council - Regular Meeting - Dec 6, 2022 6:00 PM (Item moved to Section H for separate action)
A.3. City Council - Closed Session - Dec 6, 2022 4:30 PM (Item moved to Section H for separate action)
A.4. SPECIAL EVENTS CALENDAR 2023 (Report of: Parks & Community Services)
Recommendation:

Receive and file the Special Events Calendar 2023.

A.5. LIST OF PERSONNEL CHANGES (Report of: Financial & M anagement Services)
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Minutes Acceptance: Minutes of Dec 20, 2022 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -5-
Recommendation:

1. Ratify the list of personnel changes as described.

A.6. APPROVAL OF FIRST AMENDMENTS TO AGREEMENTS WITH
ADVANCED APPLIED ENGINEERING, INC., DBA INFRASTRUCTURE
ENGINEERS, AND 4LEAF, INC., FOR PLANNING CONSULTANT
SERVICES ON AN AS NEEDED BASIS (AGMTS NO. 2022 -30-01 AND 2022-31-01) (Report of: Community Development)
Recommendations:

1. Approve the First Amendment to Agree ment for Planning Consultant Services on an As Needed Basis with Advanced Applied Engineering, Inc., DBA Infrastructure Engineers, and authorize the City Manager, or his designee, to execute the Amendment , and any subsequent amendments, subject to the appr oval of the City Attorney and available budget as previously approved by Council; and

2. Authorize an increase of $150,000.00 to the amount of the Agreement with Advanced Applied Engineering, Inc., DBA Infrastructure Engineers, to $200,000.00, funded by fees paid by project applicants.

Authorize the Purchasing Division Manager to approve a change order to incr ease Purchase Order #2023 -505 to Advanced Applied Engineering, Inc., DBA Infrastructure Engineers; and

3. Approve the First Amendment to Agreement for Pl anning Consultant Services on an As Needed Basis with 4Leaf, Inc., and authorize the City Manager, or hi s designee, to execute the Amendment , and any subsequent amendments, subject to the approval of the City Attorney and available budget as previously approved by Council; and

4. Authorize an increase of $150,000.00 to the amount of the Agreement with 4Leaf, I nc., to $200,000.00, funded by fees paid by project applicants. Authorize the Purchasing Division Manager to approve a change order to increase Purchase Order #2023-504 to 4Leaf, Inc.; and

5. Authorize the Chief Financial Officer, or his designee, to make t he appropriate budget adjustments as set forth in the Fiscal Impa ct section of this report.

A.7. AUTHORIZE THE FIRST AMENDMENT TO THE AGREEMENT WITH M.

BREY ELECTRIC, INC. FOR GENERAL CONTRACTOR SERVICES AT
CITY FACILITIES, TRAILS, AND PARKS. (Report of: Public Works) Recommendations:

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Minutes Acceptance: Minutes of Dec 20, 2022 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -6-

1. Approve the First Amendment to the Agreement for General Contractor Services with M. Brey Electric, Inc., to increase the contract value funded through Facilities Maintenance (Fund 7310), General Fund (Fund 1010), and PCS Capital Project Fund (Fund 3015), which will increase responsiven ess to on -call needs throughout the contract term.

2. Authorize the City Manager, or his designee, to execute the First Amendment to the Agreement for General Contractor Services with M. Brey Electric, Inc., to increase the contract amount by $2,000,000 for a total not -to-exceed amount of the five -year Agreement of $3,760,000.

3. Authorize the C ity Manager, or his designee, to execute the First Amendment to the Agreement, any subsequent future ame ndments, and Purchase Orders subject to the approval of the City Attorney, in accordance with approved terms of the agreement and within available budget previously approved by Council.

A.8. PAYMENT REGISTER - OCTOBER 2022 (Report of: Financial & Management Services)
Recommendation:

1. Receive and file the Payment Register.

B. CONSENT CALENDAR-COMMUNITY SERVICES DISTRICT
B.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

B.2. MINUTES - CITY COUNCIL - REGULAR MEETING - DECEMBER 6, 2022. (Item moved to Section H for separate action)
Recommendation:

1. Approve as submitted.

B.3. MINUTES - CITY COUNCIL - CLOSED SESSION - DECEMBER 6, 2022. (Item moved to Section H for separate action)
Recommendation:

1. Approve as submitted.

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Minutes Acceptance: Minutes of Dec 20, 2022 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -7-

C. CONSENT CALENDAR - HOUSING AUTHORITY

C.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

C.2. MINUTES - CITY COUNCIL - REGULAR MEETING - DECEMBER 6, 2022. (Item moved to Section H for separate action)
Recommendation:

1. Approve as submitted.

C.3. MINUTES - CITY COUNCIL - CLOSED SESSION - DECEMBER 6, 2022. (Item moved to Section H for separate action)
Recommendation:

1. Approve as submitted.

D. CONSENT CALENDAR - BOARD OF LIBRARY TRUSTEES
D.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR IN CLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

D.2. MINUTES - CITY COUNCIL - REGULAR MEETING - DECEMBER 6, 2022. (Item moved to Section H for separate action)
Recommendation:

1. Approve as submitted.

D.3. MINUTES - CITY COUNCIL - CLOSED SESSION - DECEMBER 6, 2022. (Item moved to Section H for separate action)
Recommendation:

1. Approve as submitted.

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Minutes Acceptance: Minutes of Dec 20, 2022 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -8-

E. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY
E.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

ORDINANCE LISTED ON THE CONSENT CALENDAR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

E.2. MINUTES - CITY COUNCIL - REGULAR MEETING - DECEMBER 6, 2022. (Item moved to Section H for separate action)
Recommendation:

1. Approve as submitted.

E.3. MINUTES - CITY COUNCIL - REGULAR MEETING - DECEMBER 6, 2022. (Item moved to Section H for separate action)
Recommendation:

1. Approve as submitted.

F. PUBLIC HEARINGS

Questions or comments from the public on a Public Hearing matter are limited to five minutes per individual and must pertain to the subject under consideration.

Those wishing to speak should complete and submit a GOLDEN ROD speaker slip to the Sergeant-at-Arms.

*Public Hearing F.1 was moved to before the Consent Calendar F.1. APPEAL OF PLANNING COMMISSION DENIAL OF GENERAL PLAN

AMENDMENT, CHANGE OF ZONE, CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT, AND A TENTATI VE TRACT MAP 37858 TO SUBDIVIDE A 4.81 -ACRE PROJECT SITE IN TO 37 SINGLE-FAMILY LOTS (Report of: Community Development)
That the City Council consider the Appeal filed by RC Hobbs Company, (the “Appellant”) appealing the Planning Commission’s denial of the Appellant’s application for a General Plan Amendment (GPA), Change of Zone, Conditional Use Permit, and Tentative Tract Map to facilitate a 37 -lot single -family residential Planned Unit Development (PUD), located North of Cactus Avenue, East of Moreno Beach Drive, and take any action the City Council deems appropriate.

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Minutes Acceptance: Minutes of Dec 20, 2022 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -9-
Recommendations: That the City Council:

1. ADOPT Resolution No. 2022 -XX, attached hereto, DENYING Appeal PAA22-0004.

1. ADOPT Resolution No. 2022-XX, attached hereto:

1. ADOPTING the Initial Stud y/Mitigated Negative Declaration prepared for General Plan A mendment (PEN20-0174), Change of Zone (PEN20 -0175); Tentative Tract Map 37858 (PEN20 -0172), and Conditional Use Permit (PEN20 -0173) for a Planned Unit Development, on file with the Co mmunity Devel opment
Department, incorporated herein by this reference, wh ich w as completed in compliance with CEQA and the CEQA Guidelines, and reflects that the Planning Commission and City reviewed and considered the information contained in the Initial Study/Mitigated Negative Declaration, and exercised its independent judgment and analysis of the Proposed Project’s potential environmental impacts; and

2. ADOPTING the Mitigation Monitoring and Reporting Program prepared for the Proposed Project, which consists of a Conditional Use Permit (PEN20 -0173) for a Planned Unit Developme nt an d Tentative Tract Map 37858 (PEN20 -0172) pursuant to CEQA and the CEQA Guidelines.

2. ADOPT Resolution No. 2022 -XX, attached hereto, APPROVING Appeal PAA22-0004:

1. APPROVING General Plan Amendment (PEN20-0174) based on the Recitals, Evidence contained in t he Ad ministrative Records and Findings as set forth in Resolution No. 2022 -XX and any necessary and corresponding amendment to the City’s Zoning Atlas to reflect the proposed change s in the zoning classification and/or redistricting associated with the General Plan Amendment.

2. APPROVING Conditional Use Permit (PEN20 -0173) and
Tentative Tract Map (PEN20 -0172) based on the Recitals, Evidence contained in the Administrative Records and Findings as set forth in Resolution No. 2022-XX.

3. INTRODUCE Ordinance No. [ next in order] approving Change of Zone ( PEN20-0175) and corresponding amendment to the City’s Zoning Atlas and the conditions of approval, based on the Recitals, Evidence and Findi ngs contained i n the Administrative Record of the proceedings.

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Mayor Cabrera opens the floor for a m otion to move Item F.1 to before the Consent Calendar.

Motion was moved by Council Member Marquez and seconded by Mayor Pro Tem Delgado.

Motion passed by a vote of 5 -0, Council Member Baca -Santa Cruz, Council Member Marquez, Council Member Barnard, M ayor Pro Tem Delgado, and Mayor Cabrera.

RESULT: APPROVED [UNANIMOUS]
MOVER: David Marquez, Council Member
SECONDER: Ed Delgado, Mayor Pro Tem
AYES: Cabrera, Delgado, Marquez, Barnard, Baca-Santa Cruz Mayor Cabrera opens the floor for a motion to continue this item to the January 3rd, 2023 meeting.

Motion was moved by Council Member Baca-Santa Cruz and seconded by Council Member Marquez.

Motion passed by a vote of 5 -0, Council Member Baca -Santa Cruz, Council Member Marquez, Council Member Barnard, Mayor Pro Tem Delgado, and Mayor Cabrera.

RESULT: CONTINUED [UNANIMOUS] Next: 1/3/2023 6:00 PM
MOVER: Elena Baca-Santa Cruz, Council Member
SECONDER: David Marquez, Council Member
AYES: Cabrera, Delgado, Marquez, Barnard, Baca-Santa Cruz F.2. GENERAL PLAN AMENDMENT, CHANGE OF ZONE, COND ITIONAL USE

PERMIT FOR A PLANNED UNIT DEVELOPMENT, AND A TENTATIVE
TRACT MAP 38237 TO SUBDIVIDE AN 8.77 -ACRE PROJECT SITE IN TO 67 SINGLE-FAMILY LOTS (Report of: Community Development) Recommendations: That the City Council:

1. ADOPT Resolution No. 2022-83, attached hereto:
1) ADOPTING the Initial Study/Mitigated Negative Declaration prepared for General Plan Amendment (PEN21 -0203), Change of Zone (PEN21 -0204), Conditional Use Permit (PEN22 -0162), and Tentative Tract Map 38237 (PEN21 -0199) on file with the Community Development Department, incorporated herein by this reference, which was completed in compliance with CEQA and the CEQA Guidelines, and reflects that the Planning Commission and A.2
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City reviewed and considered the information contained in the Initial Stu dy/Mitigated Negative Declaration, and exercised its independent judgment and analysis of the Proposed Project’s potential environmental impacts; and
2) ADOPTING the Mitigation Monitoring and Reporting Program prepared for the Proposed Project, which consists of a General Plan Amendment (PEN21 -0203), Change of Zone (PEN21 -0204), Conditional Use Permit (PEN20 -0173) for a Planned Unit Development and Tentative Tract Map 37858 (PEN20 -0172) pursuant to CEQA and the CEQA Guidelines.

2. ADOPT Resolution No. 2022-84, attached hereto:

1. APPROVING General Plan Amendment (PEN21 -0203) based on the Recitals, Evidence contained in the Administrative Re cords and Findings as set forth in Resolution No. 2022 -84 and any necessary and corresponding amendment to the City’s Zoning Atlas to reflect the proposed changes in the zoning classification and/or redistricting associated with the General Plan Amendment.

2. APPROVING Conditional Use Permit (PEN22 -0162), and
Tentative Tract Map 38237 (PEN21 -0199) based on the Recitals, Evidence contained in the Administrative Records and Findings as set forth in Resolution No. 2022-84.

3. INTRODUCE Ordinance No. 993 approving Change of Zone (PEN21-0204) and corresponding amendment to the City’s Zoning Atlas and the conditions of approval, b ased on the Recitals, Evidence and Findings contained in the Administrativ e Record of the proceedings. Planning Official Sean Kelleher gave the staff report.

Planning Official Sean Kelleher gave the staff report.

Mayor Cabrera opens the hearing.

Megan Wilden with DR Horton gave a presentation.

Mayor Cabrera opens the floor for Council questions for the applicant.

Council Member Marquez ask questions of the applicant.

Public testimony was given.

Louise Palomarez

1. Support Project.

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Tom Jerele

1. Support Project.

Mayor Cabrera closes the hearing.

Mayor Cabrera opens the floor for Council deliberation.

Mayor Pro Tem Delgado comments on the project.

Council Member Baca-Santa Cruz comments on the project.

Motion made by Council Member Marquez and seconded by Mayor Pro Tem Delgado.

Motion passed by a vote of 5-0, Council Member Baca-Santa Cruz, Council Member Barnard, Council Member Marquez, Mayor Pro Tem Delgado, and Mayor Cabrera.

RESULT: APPROVED [UNANIMOUS]
MOVER: David Marquez, Council Member
SECONDER: Ed Delgado, Mayor Pro Tem
AYES: Cabrera, Delgado, Marquez, Barnard, Baca-Santa Cruz

F.3. MUNICIPAL CO DE AMENDMENTS 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 C HAPTER 9.16 DESIGN
GUIDELINES; TITLE 3 REVENUE AND FINANCE CHAPTER 3.32 FEE AND SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM; AND TITLE 8 BUILDINGS AND CONSTRUCTION, CHAPTER 8.12 (F LOOD DAMAGE

PREVENTION AND IMPLEMENTATION OF NATIONAL FLOOD
INSURANCE PROGRAM (NFIP)). (Report of: Community Development)

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Minutes Acceptance: Minutes of Dec 20, 2022 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -13-
Recommendations:

1. Introduce and conduct the first reading of Ordinance No. 994 amending Tables 9.02.020 -1 and Sections 9.02.040, 9.02.1 50,

9.07.010(B), 9.08.070, 9.09.080, 9.11.040, 9.14.065, and 9.14.090 of Title 9 of the City of Moreno Valley Municipal Code to provide updates that comply with State requirements related to compliance with new State Law and Housing and Community Developme nt (HCD)
requirements, streamline Code requirements to provide flexibility and clarity regardin g existing requirements, and to streamline certain processes, and provide for other minor clarifications and clean -up items; and,

2. Introduce and conduct the first reading of Ordinance No. 995 deleting Section 3.32.050 (Statutory Public Meeting) of Title 3 ( Revenue and Finance), and amending Section 8.12.170 (Standards of
Construction) of Title 8 (Building and Construction) to provide updates that comply with State requirements; and

3. Schedule the second reading and adoption of Ordinance No s. 994, and 995 for the next regular Council meeting.

Planning Official Sean Kelleher gave the staff report.

Mayor Cabrera opens the hearing.

Public testimony was opened; there were no public testimony on this item.

Motion made by Council Member Marque z and seconded by Mayor Pro Tem Delgado.

Motion passed by a vote of 5-0, Council Member Baca-Santa Cruz, Council Member Barnard, Council Member Marquez, Mayor Pro Tem Delgado, and Mayor Cabrera.

RESULT: APPROVED [UNANIMOUS]
MOVER: David Marquez, Council Member
SECONDER: Ed Delgado, Mayor Pro Tem
AYES: Cabrera, Delgado, Marquez, Barnard, Baca-Santa Cruz G. GENERAL BUSINESS
G.1. CENSURE RESOLUTION (Report of: City Attorney)
Recommendation:

1. That the City Council take whatever action it deems necessary under the circumstances.

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Minutes Acceptance: Minutes of Dec 20, 2022 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -14-
Interim City Attorney Steve Quintanilla gave the staff report.

Public testimony was given.

Louise Palomarez

1. Support censure.

Bob Palomarez

1. Support censure.

David Lara-Tellez

1. Support censure.

Christopher Baca

1. Support censure.

Roy Bleckert

1. Support censure.

Tom Jerele Sr.

1. Support censure.

Mayor Cabrera opened the floor for Council deliberation.

Mayor Cabrera commented on the censure and events that occurred in the past year.

Mayor Pro Tem Delgado stated support for the censure.

Council Member Marquez commented about the censure and the events that occurred in the past year.

Council Member Baca-Santa Cruz stated support for the censure.

Council Member Barnard stated support for the censure.

Motion made by Council Member Baca-Santa Cruz and seconded by Mayor Pro Tem Delgado.

Motion passed by a vote of 4-1, with Council Member Baca-Santa Cruz, Council Member Marquez, Council Member Barnard, and Mayor Pro Tem Delgado voting yes, and Mayor Cabrera voting no.

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Minutes Acceptance: Minutes of Dec 20, 2022 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -15-

RESULT: APPROVED [4 TO 1]
MOVER: Elena Baca-Santa Cruz, Council Member
SECONDER: Ed Delgado, Mayor Pro Tem
AYES: Ed Delgado, David Marquez, Cheylynda Barnard, Elena Baca - Santa Cruz
NAYS: Ulises Cabrera

G.2. CITY COUNCIL REORGANIZATION - SELECTION OF MAYOR PRO TEM (Report of: City Clerk)
Nomination for Mayor Pro Tem Delgado.

Recommendation:

1. Conduct the reorganization of the City Council by selecting one Council Member to serve a one-year term as Mayor Pro Tem.

City Clerk Jane Halstead gave the staff report.

Public Testimony was given.

Louise Palomarez

1. Hopeful remarks.

Tom Jerele Sr.

1. Supports Mayor Pro Tem Delgado.

Roy Bleckert

1. Supports Council Member Baca-Santa Cruz.

Mayor Cabrera commended Mayor Pro Tem Delgado for his year of service.

Mayor Pro Tem Delgado shared he would like to continue his role.

Council Member Marguez shared his support for Mayor Pro Tem Delgado.

The City Clerk Jane Halstead opened the nominations for Mayor Pro Tem.

Mayor Cabrera nominated Council Member Delgado for Mayor Pro Tem.

City Clerk Jane Halstead asked for any other nominations and there were none, therefore, nominations were closed.

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Minutes Acceptance: Minutes of Dec 20, 2022 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -16-
Roll Call for Motion to appoint Council Member Ed Delgado for Mayor Pro Tem.

Passed by a vote of 5-0, Council Member Baca Santa Cruz, Council Member Delgado, Council Member Barnard, Council Member
Marquez, and Mayor Cabrera.

Council Member Ed Delgado was appointed as Mayor Pro Tem by a 5-0 vote.

RESULT: APPROVED [UNANIMOUS]
AYES: Cabrera, Delgado, Marquez, Barnard, Baca-Santa Cruz

H. ITEMS REMOVED FROM CONSENT CALENDARS FOR DISCUSSION OR

SEPARATE ACTION

Items A.2, A.3, B.2, B.3, C.2, C.3, D.2, D.3, E.2, E.3, were mo ved from Consent to section H for separate vote.

Items were approved with the following vote:

RESULT: APPROVED
MOVER: David Marquez, Council Member
SECONDER: Ed Delgado, Mayor Pro Tem
AYES: Cabrera, Delgado, Marquez, Baca-Santa Cruz
ABSTAIN: Cheylynda Barnard, Council Member

I. REPORTS

I.1. CITY COUNCIL REPORTS

(Informational Oral Presentation - not for Council action)

March Joint Powers Commission (JPC)
Mayor Pro Tem Delgado reported the following:

The Commission approved two industrial bu ildings of 120 and 168 thousand square feet at the southeast corner of Van Buren and Barton.

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The Commission also heard the executive director’s annual report on March JPA’s accomplishments in 2022.

Riverside County Habitat Conservation Agency (RCHCA)
None.

Riverside County Transportation Commission (RCTC)
Council Member Delgado reported the following:

The Commission elected the Chair, Vice Chair, Second Vice Chair fo r 2023 and appointed four (4) executive committee members for 2023 and 2024.

The Comm ission heard a presentation of the annual investment policy and adopted “Resolution of the Riverside County Transportation Commission Regarding the Revised Investment Policy”.

Riverside Transit Agency (RTA)
Council Member Marquez reported the following:

The Board heard a presentation of the purchase of 40 -foot CNG replacement buses and authorized to exercise 35 options with Gillig, LLC (Gillig). This will be the Agency’s final 40-foot bus order that is comprised of all CNG vehicles.

Future procurement s will contain a percentage of CNG and Hydrogen Fuel Cell Electric buses.

Western Riverside Council of Governments (WRCOG)
None.

Western Riverside County Regional Conservation Authority (RCA) None.

School District/City Joint Task Force
None.

I.2. EMPLOYEE ASSOCIATION REPORTS
None.

I.3. CITY MANAGER'S REPORT

1. Recounted the Council’s accomplishments from the past year.

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2. Congratulated Mayor Pro Tem Delgado.

3. Wished everyone a Happy Holidays.

CLOSING COMMENTS AND/OR REPORTS OF THE CITY COUNCIL, COMMUNITY

SERVICES DISTRICT, CITY AS SUCCESSOR AGENCY FOR THE COMMU NITY

REDEVELOPMENT AGENCY, HOUSING AUTHORITY, PUBLIC FINANCING AUTHORITY, AND THE BOARD OF LIBRARY TRUSTEES.

Council Member Marquez

1. Praised City Staff.

2. Encouraged everyone to have a safe holiday.

Council Member Barnard

1. Praised City Staff.

2. Encouraged everyone to have a safe holiday.

Council Member Baca-Santa Cruz

1. Praised City Staff and events.

2. Wished everyone a happy holiday.

Motion made by Council Member Baca -Santa C ruz to add Mayor's Duties Ordinance to a future agenda for discussion.

Motion m oved by Counci l Member Baca -Santa Cruz and seconded by Mayor Pro Tem Delgado.

Motion passed by a vote of 3 -2, with Council Member Baca-Santa Cruz, Council Member Barnard, and Mayor Pro Tem Delgado voting yes, with Council Member Marquez and Mayor Cabrera voting no.

RESULT: APPROVED [3 TO 2]
MOVER: Elena Baca-Santa Cruz, Council Member
SECONDER: Ed Delgado, Mayor Pro Tem
AYES: Ed Delgado, Cheylynda Barnard, Elena Baca-Santa Cruz NAYS: Ulises Cabrera, David Marquez
Motion made by Council Member Baca-Santa Cruz to review Council Meeting dates.

Motion moved by Council Member Baca -Santa Cruz and seconded by Council Member Barnard.

Motion fails by a vote of 2-3, with Council Member Baca- Santa Cruz and Council Member Barnard voting yes , with Council Member Ma rquez, Mayor Pro Tem Delgado and Mayor Cabrera voting no.

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RESULT: FAILED [2 TO 3]
MOVER: Elena Baca-Santa Cruz, Council Member
SECONDER: Cheylynda Barnard, Council Member
AYES: Cheylynda Barnard, Elena Baca-Santa Cruz
NAYS: Ulises Cabrera, Ed Delgado, David Marquez
Mayor Pro Tem Delgado

1. Praised Public Safety and City Staff.

2. Gilman Springs Road.

3. Wished everyone a happy holiday.

Mayor Cabrera

1. Praised City Staff.

ADJOURNMENT

There being no further business to co me before the C ity Council, Mayo r Cabrera adjourned the meeting at 8:44 p.m.

PUBLIC INSPECTION

The contents of the agenda packet are av ailable for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.

Any written information rel ated to an open session agenda item that is known by the City to have be en distributed to all or a majority of the City Council less than 7 2 hours prior to this meeting will be made availabl e for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.

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Minutes Acceptance: Minutes of Dec 20, 2022 6:00 PM (CONSENT CALENDAR-CITY COUNCIL) -20-
Submitted by:

___________________________
Jane Halstead, CMC
City Clerk
Secretary, Moreno Valley Community Services District
Secretary, City as Successor Agency for the Community
Redevelopment Agency of the City of Moreno Valley
Secretary, Moreno Valley Housing Authority
Secretary, Board of Library Trustees
Secretary, Public Financing Authority

Approved by:

___________________________
Ulises Cabrera
Mayor
City of Moreno Valley
President, Moreno Valley Community Services District
Chairperson, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley
Chairperson, Moreno Valley Housing Authority
Chairperson, Board of Library Trustees
Chairperson, Public Financing Authority
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Minutes Acceptance: Minutes of Dec 20, 2022 6:00 PM (CONSENT CALENDAR-CITY COUNCIL)

Report to City Council

ID#6064 Page 1
TO: Mayor and City Council

FROM: Manuel A. Mancha, Community Development Director
Brian Mohan, Assistant City Manager

AGENDA DATE: January 3, 2023

TITLE: SECOND READING AND ADOPTION OF ORDINANCE
NO. 994, AMENDING VARIOUS SECTIONS WITHIN TITLE
9 PLANN ING 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; AND ORDINANCE
NO. 995 TITLE 3 REVENUE AND FINANCE C HAPTER

3.32 FEE AND SERVICE CHARGE REVENUE/COST
COMPARISON SYSTEM; AND TITLE 8 BUILDINGS AND
CONSTRUCTION, CHAPTER 8.12 (FLOOD DAMAGE

PREVENTION AND IMPLEMENTATION OF NATIONAL
FLOOD INSURANCE PROGRAM (NFIP)).

RECOMMENDED ACTION
Recommendation: That the City Council:

Conduct the second reading by title only and adopt Ordinance Nos. 994 and 995.

SUMMARY
This report recommends adoption of Ordinance Nos. 994 and 995, introduced at the City Council meeting of December 20, 2022, approving amendments to Title 3 (Revenue and Finance), Title 8 (Buildings and Construction), and Title 9 (Planning and Zoning).

DISCUSSION
This item is the second reading of the Ordinance amending various sections of A.3
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Municipal Code Title 3 (Revenue and Finance), Title 8 (Buildings and Construction), and Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code that address the following matters:

A. Removes requirements which are duplicative of state law.

B. Updates to comply with new State Law and Housing and Community Development (HCD) requirements.

C. Streamlining Code requirements - These updates include revisions to provide flexibility and clarity regarding existing requirements and to streamline certain processes.

D. Other minor clarifications and clean-up items.

ALTERNATIVES

1. Conduct the second reading by title only and adopt Ordinance Nos. 994 and 995.

Staff recommends this alternative.

2. Provide revisions to the draft Ordinances and have staff return with the revised drafts for another adoption process.

3. Provide alternate direction to staff.

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 expecte d to have a positive impact on business and development and thus positive fiscal impact to the City.

NOTIFICATION
The agenda was posted in accordance with the Brown Act.

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 an d 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
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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. Ordinance No. 994 - Title 9

2. Ordinance No. 995 - Titles 3 and 8

APPROVALS

Budget Officer Approval ✓ Approved . 12/22/22 3:56 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 12/22/22 4:00 PM A.3
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Ordinance No. 2023-994
Date Adopted: January 3, 2023
ORDINANCE NO. 994

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 9.03 (RESIDENTIAL
DISTRICTS), CHAPTER 9.07 (SPECIAL DISTRICTS ), CHAPTER 9.08 (GENERAL DEVELOPMENT STANDARDS), CHAPTER 9.09 (SPECIFIC USE DEVELOPMENT STANDARDS), CHAPTER 9.11 (PARKING,
PEDESTRIAN AND LOADING REQUIREMENTS), AND CHAPTER 9.14
(LAND DIVISIONS) 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 Planni ng 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 9.03 (Residential Districts), Chapter 9.07 (Special Districts), Chapter 9. 08 (General Development Standards), Chapter 9.09 (Specific Use Development Standards), Chapter

9.11 (Parking, Pedestrian and Loading Requirements), and Chapter 9.14 (Land Divisions) (collectively referred to herein as “PEN22-0232”); and
WHEREAS, PEN22-0232 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 PEN22-0232 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 PEN22-0232 will not adversely affect the public health, safety or general welfare; and
WHEREAS, staff has also determined that PEN22-0232 is consistent with the purposes and intent of Title 9; and
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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Ordinance No. 2023-994
Date Adopted: January 3, 2023
WHEREAS, staff has determined that PEN22-0232 Amendments are exempt from the California Environmental Quality Act in accordance with Section 15061(b)(3) of the CEQA Guidelines in that the amendments involve general policy and procedure making, and it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment.

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 SECTION 9.02.040 (GENERAL PLAN

AMENDMENTS)
Section 9.02.040 (General Plan Amendm ents) 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 9.02.150 (TEMPORARY USE

PERMITS)
Section 9.02.150 (Temporary use permits) 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 9.03.040 (RESIDENTIAL SITE

DEVELOPMENT STANDARDS)
Section 9.03.040 (Residential site development standards) of Chapter 9.03 (Residential Districts) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit D.

Section 7. AMENDMENT TO SECTION 9.07.010(B) (DOWNTOWN CENTER (DC))
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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Ordinance No. 2023-994
Date Adopted: January 3, 2023
Section 9.07.010(B) (Downtown Center (DC) of Chapter 9.07 (Special Districts) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit E.

Section 8. AMENDMENT TO SECTION 9.08.070 (FENCES AND WALLS) Section 9.08.070 (Fences and walls ) of Chapter 9.08 (General Development Standards) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit F.

Section 9. AMENDMENT TO SECTION 9.09.080 (DRIVE-IN, DRIVE -

THROUGH, FAST FOOD AND TAKE-OUT RESTAURANTS)
Section 9.09.080 (Drive-in, drive-through, fast food and take -out restaurants) of Chapter 9.08 (General Development Standards) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit G.

Section 10. AMENDMENT TO SECTION 9.11.040 (OFF-STREET PARKING

REQUIREMENTS)
Section 9.11.040 (Off -Street parking requirements) of Chapter 9.11 (Parking, Pedestrian and Loading Requirements) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit H.

Section 11. AMENDMENT TO SECTION 9.14.065 (FINANCE AND

CONVEYANCE MAPS)
Section 9.14.065 (Finance and conveyance maps) of Chapter 9.14 (Land Divisions) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit I.

Section 12. AMENDMENT TO SECTION 9.14.090 (FINAL LAND DIVISION MAPS)
Section 9.14.090 (Final land division maps) of Chapter 9.14 (Land Divisions) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit J.

Section 13. CEQA COMPLIANCE
That PEN22-0232 Amendments are exempt from the California Environmental Quality Act in accordance with Section 15061(b)(3) of the CEQA Guidelines in that the amendments involve general policy and procedure making, and it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment.

Section 14. FINDINGS
The ordinance is consistent with the City’s 2040 General Plan.

Section 15. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, A.3.a
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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Ordinance No. 2023-994
Date Adopted: January 3, 2023
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]
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Packet Pg. 38
Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Ordinance No. 2023-994
Date Adopted: January 3, 2023
INTRODUCED at a regular meeting of the City Council o n December 20, 2022 , and PASSED, APPROVED, and ADOPTED by the City Council on January 3, 2023, by the following vote:

________________________________
Ulises Cabrera, Mayor
City of Moreno Valley

ATTEST:

___________________________________
Jan Halstead, City Clerk

APPROVED AS TO FORM:

___________________________________
Steven B. Quintanilla, Interim City Attorney
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Packet Pg. 39
Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Ordinance No. 2023-994
Date Adopted: January 3, 2023

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)
A.3.a
Packet Pg. 40
Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit A
Ordinance No. 2023-994
Date Adopted: January 3, 2023
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

HR
RR
R1
RA2
R2
R3
R5
RS10
R10
R15
R20
R30
MUN (9,11)
MUC (9.11)
MUI (8,10,11)
NC
CC
VC
OC
O
P
I
LI
BP
BPX
OS
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
⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫
A.3.a
Packet Pg. 41
Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit A
Ordinance No. 2023-994
Date Adopted: January 3, 2023
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

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

HR
RR
R1
RA2
R2
R3
R5
RS10
R10
R15
R20
R30
MUN (9,11)
MUC (9.11)
MUI (8,10,11)
NC
CC
VC
OC
O
P
I
LI
BP
BPX
OS
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 A.3.a
Packet Pg. 42
Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit A
Ordinance No. 2023-994
Date Adopted: January 3, 2023
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

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

HR
RR
R1
RA2
R2
R3
R5
RS10
R10
R15
R20
R30
MUN (9,11)
MUC (9.11)
MUI (8,10,11)
NC
CC
VC
OC
O
P
I
LI
BP
BPX
OS
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
A.3.a
Packet Pg. 43
Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit A
Ordinance No. 2023-994
Date Adopted: January 3, 2023
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

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

HR
RR
R1
RA2
R2
R3
R5
RS10
R10
R15
R20
R30
MUN (9,11)
MUC (9.11)
MUI (8,10,11)
NC
CC
VC
OC
O
P
I
LI
BP
BPX
OS
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
A.3.a
Packet Pg. 44
Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit A
Ordinance No. 2023-994
Date Adopted: January 3, 2023
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

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

HR
RR
R1
RA2
R2
R3
R5
RS10
R10
R15
R20
R30
MUN (9,11)
MUC (9.11)
MUI (8,10,11)
NC
CC
VC
OC
O
P
I
LI
BP
BPX
OS
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 auto-
related use18 X X X X X
Glass Shops and Glass Studios—Stained, etc. X X X X X A.3.a
Packet Pg. 45
Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit A
Ordinance No. 2023-994
Date Adopted: January 3, 2023
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

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

HR
RR
R1
RA2
R2
R3
R5
RS10
R10
R15
R20
R30
MUN (9,11)
MUC (9.11)
MUI (8,10,11)
NC
CC
VC
OC
O
P
I
LI
BP
BPX
OS
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
A.3.a
Packet Pg. 46
Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit A
Ordinance No. 2023-994
Date Adopted: January 3, 2023
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

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

HR
RR
R1
RA2
R2
R3
R5
RS10
R10
R15
R20
R30
MUN (9,11)
MUC (9.11)
MUI (8,10,11)
NC
CC
VC
OC
O
P
I
LI
BP
BPX
OS
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 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 on-
site3 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 in- home 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
A.3.a
Packet Pg. 47
Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit A
Ordinance No. 2023-994
Date Adopted: January 3, 2023
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

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

HR
RR
R1
RA2
R2
R3
R5
RS10
R10
R15
R20
R30
MUN (9,11)
MUC (9.11)
MUI (8,10,11)
NC
CC
VC
OC
O
P
I
LI
BP
BPX
OS
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 A.3.a
Packet Pg. 48
Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit A
Ordinance No. 2023-994
Date Adopted: January 3, 2023
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

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

HR
RR
R1
RA2
R2
R3
R5
RS10
R10
R15
R20
R30
MUN (9,11)
MUC (9.11)
MUI (8,10,11)
NC
CC
VC
OC
O
P
I
LI
BP
BPX
OS
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 X X X X
Multiple-Family X X X X X X X
Manufactured home park (see mobile home parks)
A.3.a
Packet Pg. 49
Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit A
Ordinance No. 2023-994
Date Adopted: January 3, 2023
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

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

HR
RR
R1
RA2
R2
R3
R5
RS10
R10
R15
R20
R30
MUN (9,11)
MUC (9.11)
MUI (8,10,11)
NC
CC
VC
OC
O
P
I
LI
BP
BPX
OS
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
A.3.a
Packet Pg. 50
Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit A
Ordinance No. 2023-994
Date Adopted: January 3, 2023
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

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

HR
RR
R1
RA2
R2
R3
R5
RS10
R10
R15
R20
R30
MUN (9,11)
MUC (9.11)
MUI (8,10,11)
NC
CC
VC
OC
O
P
I
LI
BP
BPX
OS
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
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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit A
Ordinance No. 2023-994
Date Adopted: January 3, 2023
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

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

HR
RR
R1
RA2
R2
R3
R5
RS10
R10
R15
R20
R30
MUN (9,11)
MUC (9.11)
MUI (8,10,11)
NC
CC
VC
OC
O
P
I
LI
BP
BPX
OS
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) A.3.a
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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit A
Ordinance No. 2023-994
Date Adopted: January 3, 2023
(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
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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit B
Ordinance No. 2023-994
Date Adopted: January 3, 2023

9.02.040 General plan amendments.

A. Purpose and Intent. As conditions within the city change, it may, from time to time, become necessary to amend the general plan to enhance its effectiveness. In addition, state law requires that the general plan be periodically updated. The purpose of this section is to provide a method for amending the general plan to ensure its continued effectiveness.

B. Authority. Authority for approval of general plan amendments shall be vested in the city council. The community development director and planning commission shall provide recommendations to the city council regarding general plan amendments. The city council may amend all or part of the general plan, or any element thereof. All zoning districts, any specific plan and other plans of the city that are applicable to the same areas or matters affected by the general plan amendment, and which by law must be consistent with the general plan, shall be reviewed and amended concurrently as necessary to ensure consistency between the general plan and implementing zoning, specific plans, and other plans.

C. Restriction on Number of Amendments. Except as otherwise specified by state law (e.g., Government Code Section 65358), no mandatory element of the general plan shall be amended more frequently than four times during any calendar year.

D. Initiation of Amendments to the General Plan. An amendment to the general plan or any element thereof may be initiated by any of the following actions:

1. Recommendation of the planning commission and city council concurrence;

2. Recommendation of the city council; and

3. A privately filed application involving a change in land use designation for a specific property shall be submitted by the property owner or the owner’s authorized agent and shall be accompanied by all required applications. Applications for amendment limited to changes in goals, objectives, policies and implementing actions may be submitted by any affected party and shall be accompanied by an explanation of reasoning and, if applicable, any concurrent applications required for approval of the particular development project the amendment is intended to accommodate.

General plan amendment actions for any element, as necessary, will occur on approximately a quarterly basis.

E. Authority and Hearings. Authority for approval of general plan amendments shall be vested in the city council. The community development director and planning commission shall provide recommendations to the city council regarding general plan amendments.

1. Planning Commission Review.
a. A public hearing before the planning commission shall be noticed in accordance with Section 9.02.200 of this chapter and held within a reasonable time (unless otherwise specified by state law), after the close of the quarterly filing period in which a privately initiated application is deemed complete and after required environmental documentation has been completed. A longer period of time may be prescribed by the city council in the case of a city-initiated amendment.
b. The planning commission shall make a written recommendation on the proposed amendment to approve, approve in modified form or disapprove. c. Planning commission action recommending disapproval of proposed general plan amendment, regardless of how such amendment was initiated, shall be final unless appealed pursuant to the provisions of Section 9.02.240 of this chapter, within ten (10) consecutive calendar days after the planning commission’s recommended disapproval or unless the city council assumes jurisdiction by the request of any member thereof, prior to the end of the ten (10) day appeal period.

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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit B
Ordinance No. 2023-994
Date Adopted: January 3, 2023

2. City Council Review and Action. A public hearing before the city council shall be noticed in accordance with Section 9.02.200 of this chapter and held on the earliest appropriate date after the recommendation of the planning commission to approve a proposed general plan amendment or appeal of a decision by the planning commission to disapprove a proposed general plan amendment or a decision by the city council or any of its members to hear the matter. The city council may approve, approve with modifications, or disapprove any proposed amendment.

Prior to council action, any substantial modification proposed by the council which was not previously considered by the planning commission shall first be referred to the planning commission for its recommendation. Failure of the commission to report within forty-five (45) calendar days, or within the time period set by the city council, shall be deemed a recommendation for approval.

F. Required Findings. Amendment to the text or maps of the general plan may be made if:

1. The proposed amendment is consistent with existing goals, objectives, policies and programs of the general plan;

2. The proposed amendment will not adversely affect the public health, safety or general welfare.

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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit C
Ordinance No. 2023-994
Date Adopted: January 3, 2023

9.02.150 Temporary use permits.

A. Purpose and Intent. The temporary use permit is intended to allow for short-term activities on privately owned property with appropriate regulations so that such activities will be compatible with the surrounding areas.

B. Authority.

1. Authority for approval of temporary use permits shall be vested with the community development director through the minor development review process.

2. A permit shall not be required for events that occur in theaters, meet ing halls, or other permanent public assembly facilities. Temporary uses may be subject to additional permits, other city department approvals, licenses, and inspections, as required by any applicable laws or regulations.

C. Permitted Temporary Uses. The f ollowing table identifies those uses which may be permitted subject to the issuance of a temporary use permit:

Temporary Uses Table 9.02.150-3
Permitted Temporary Uses (With a Temporary Use Permit) Locations Max. No. Days
per Calendar
Year
Commercial and noncommercial Christmas tree sales, and incidental sales of Christmas lights, tree stands and decorations, but excluding gift items
All zones 30
Mobile health clinic All commercial and
industrial districts 14
Merchandise sale or provision of services - outdoors or in mobile or temporary enclosures - in conjunction with established businesses (see subsection D of this section)
All commercial
districts
36 days per
shopping or
commercial
center
Merchandise sale - outdoors or in mobile or temporary enclosures, sponsored by and on the premises of a bank, savings and loan association or credit union of merchandise typically financed by that institution in the normal course of its lending business (see subsection D of this section)
Banks, savings and
loan associations
and credit unions
12 days per
shopping or
commercial
center
Real estate offices on the site of a proposed subdivision All districts n/a Construction and security personnel offices on active construction sites All districts n/a Temporary construction yards not located on active construction sites All districts n/a Tent meetings All districts 30
Commercial carnival, concert, exhibit, festival or similar event outdoors or in temporary enclosures
All commercial and
industrial districts 14
Noncommercial carnival, fair, concert, exhibit, festival or similar; outdoors or in temporary enclosures All districts 14
Pumpkin sales lots All zones 30
Seasonal produce stands All zones 120
Any other use deemed appropriate by the community development director. All districts. n/a

1. The community development director may extend the maximum number of days per calendar year based on special circumstances.

D. Special Requirement for Merchandise Sales. The following shall apply to merchandise sales or provision of services, as delineated in the Temporary Uses Table 9.02.150-3:

1. “Merchandise sale in conjunction with established businesses” means an event managed and op erated by the owner or operator of a permanently established business, on the premises of that business (or upon immediately adjacent common area of a shopping or commercial center in which the business is located), A.3.a
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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit C
Ordinance No. 2023-994
Date Adopted: January 3, 2023
conducting the sale, lease, rental or other transfer of control of merchandise which is inventory of the established business or the provision of services and which is of the same or similar kind and quality normally offered as immediately available to the public by that business at that busines s site. Sales operated by outside vendors shall not be permitted under this provision. An outdoor sale of merchandise or provision of services on the premises of a business that ordinarily only displays merchandise and/or conducts sales or lease transactio ns for customer delivery or provides services at another site or at another time shall not be permitted under this provision. This subsection shall not apply to “merchandise sales on the premises of a bank, [etc.],” as listed in the Temporary Uses Table.

2. Merchandise sales or provision of services sponsored and sanctioned by the Master Property Association or Property Manager for Shopping Centers, shall be a maximum of thirty -six (36) days per calendar year. An outdoor sale of merchandise or provision of services on the premises of a business that ordinarily only displays merchandise and/or conducts sales or lease transactions for customer delivery or provides services at another site or at another time shall be permitted under this provision.

3. Food and Entertainment. Upon approval of the community development director and in compliance with all other laws and regulations, food or entertainment may be sold or provided by secondary vendors incidental to the merchandise sale or provision of services, such as a hot dog cart, snow cone or popcorn wagon, pony ride, inflatable jumper, etc., provided that such uses occupy not more than twenty- five (25) percent of the total space occupied by the sale or four hundred (400) square feet, whichever is less.

4. No secondary vendors, incidental to the merchandise sale or provisions of services provided, shall conduct business without a buffer of at least two hundred (200) feet from any established business on -site that sells similar products unless written consent from e ither the Master Property Association, Property Manager, or established business(es), for a lesser buffer, has been presented to the city of Moreno Valley.

5. Merchandise sales (including display areas) or provision of services shall not occupy landscaped areas or unimproved surfaces.

6. Merchandise sales or provision of services taking place upon parking surfaces shall be confined to improved parking surfaces. Merchandise sales or provision of services shall not occupy more than twenty (20) percent of the legally required improved parking spaces for the business conducting the sale or services, unless approved by the community development director. No merchandise sale or provision of services shall occupy parking spaces legally required for another business, including other businesses located in the same shopping or commercial center, or parking spaces otherwise required for the shopping or commercial center in which the business is located. Merchandise sales or provision of services may occupy on -site impro ved parking spaces that are not so legally required, subject to all other provisions of this chapter. No merchandise sale or provision of services shall occupy or encumber more than one hundred twenty -five (125) parking spaces.

7. Merchandise sales or provision of services shall not negatively affect the vehicular and pedestrian circulation patterns of the subject site or nearby streets, or the usability of the remaining parking spaces for the site, and shall allow unabated access for public safety personnel and vehicles.

8. Setup and Takedown. One day of setup before a merchandise sale and one day of takedown/cleanup after the sale shall not be counted against the total number A.3.a
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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit C
Ordinance No. 2023-994
Date Adopted: January 3, 2023
of permitted sale days. No sales activity shall occur on such setup or takedown/cleanup days.

9. No Use of Public Right-of-Way. Any and all personal properties or merchandise or services shall be solely contained on private property and shall not extend into the public right-of-way.

10. Cleanup. The permittee shall be responsible for cleanup of the site within twenty- four (24) hours of termination of the event.

E. Application Requirements. Applications for temporary use permits shall be filed a minimum of thirty (30) days prior to the date of the proposed event with the community development department. Applications must be accompanied by all appropriate fees and deposits, as determined by resolution of the city council. The application shall include, at a minimum, the following information:

1. A site plan identifying the area to be occupied, including the location of merchandise or provision of services, proposed signage, temporary structure(s) (e.g., tents, shade structures, vending stands, etc.) and all pedestrian areas, parking lot areas and/or drive aisles proposed to be closed, blocked, obstructed and/or barricaded and their proximity to major circulation aisles, public rights -of- way and buildings. The site plan shall provide proof of compliance with all requirements of applicable laws, ordinances and regulations;

2. Written authorization from the property owner or the property owner’s duly authorized agent;

3. Written operational/environmental statement identifying the proposed dates, defining the nature of the event or use and containing such other information as the community development director or designee shall consider necessary to determine the expected effects and impacts of the event or use;

4. Proof of all applicable city business licenses.

F. Criteria for Permit Issuance. The community development director s hall consider the following criteria in rendering a decision relative to a temporary use permit application:

1. The operation of the requested use at the location proposed and within the time period specified will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety or general welfare;

2. The proposed site is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the site;

3. The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use will or could reasonably be expected to generate;

4. Adequate temporary parking to accommodate vehicular traffic to be generated by the use will be available either on -site or at alternate locations acceptable to the community development director and the city traffic engineer;

5. The property shall be posted at least ten (10) days prior to issuance of a permit for a temporary outdoor event anticipated to accommodate two thousand five hundred (2,500) or more persons on a single site;

6. Neither the applicant nor any person actually managing or operating the temporary use shall have been in violation of any prior temporary use permit within twelve (12) months of the date of application.

G. Conditions of Approval. In approving an application for a temporary use permit, the community development director may impose cond itions that are deemed necessary to ensure that the permit will be applied in accordance with the criteria outlined above. These conditions may involve any factors affecting the operation of the temporary use or event, and may include, but are not limited to:

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Ordinance No. 2023-994
Date Adopted: January 3, 2023

1. Provision of temporary parking facilities, including vehicular ingress and egress;

2. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination of adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases and heat;

3. Regulation of temporary buildings, structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

4. Provision of sanitary and medical facilities;

5. Provision of solid waste collection and disposal;

6. Provision of security and safety measures, including deputized officers if necessary, as determined by the chief of police, with all costs borne by the applicant for security and police services;

7. Regulation of signs, including without limitation, placement of any signage outside of the city limits;

8. Regulation of operating hours and days, including limitation of the duration of the temporary use to a shorter time period than that requested;

9. Submission of a performance bond or other surety device to assure that any temporary facilities or structures used for the proposed temporary use will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition;

10. Submission of a site plan indicating any information required by this section; all events, structures, equipment, merchandise and activities shall be confined to the area designated on the approved site plan for that event;

11. A requirement that the approval of the requested temporary use permit is contingent upon compliance with applicable provisions of other ordinances;

12. All noncity sponsored groups and individuals who wish to utilize city of Moreno Valley, Moreno Valley community service district (MVCSD) or redevelopment agency (RDA) facilities shall be subject to the following requirements:
a. Noncity sponsored groups or individuals must complete an application which includes an indemnification and hold harmless clause protecting the city and MVCSD or RDA from the lessee’s activities;
b. Noncity sponsored groups or individuals must provide the city with evidence of adequate general liability insurance by either:
i. Providing the city with an original certificate of liability insurance and endorsement binder naming the city of Moreno Valley, MVCSD or RDA, where appropriate, as an additional insured,
ii. Participating in the city’s special events insurance program if available and approved by the city manager;

13. Other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this section;

14. Timely payment of all business license fees, gross receipts t axes and sales and use taxes attributable to the temporary use.

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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit D
Ordinance No. 2023-994
Date Adopted: January 3, 2023

9.03.040 Residential site development standards.

The following standards shall apply to land and permitted or conditionally permitted buildings and structures located within the herein described residential districts. The standards stated herein are not intended to prevent more restrictive private site development standards contained in the covenants, conditions and restrictions or other private consensual restrictions imposed on any property or dwelling unit. However, in no case shall private deed or other property restrictions be applied or recognized so as to permit a lesser standard than the minimum standards established in this title or to otherwise revise the standards established by this title.

A. Rural Residential Requirements.

1. Slope-Density-Natural Area Relationship. The maximum density (du/ac) and the minimum percent of a site to remain in a natural state shall be determined by a slope analysis applied to the Slope-Density-Natural Area Table, as defined below. a. Slope-Density-Natural Area Table 9.03.040-4.

Slope Class Allowable Density (DU/Acre) Amount of Open Space Required
Greater than 25% 0.05 (1 du/20 ac) 60%

15.1% to 25% 0.10 (1 du/10 ac) 50%
10% to 15% 0.20 (1 du/5 ac) 35%
Less than 10% 0.40 (1 du/2.5 ac) n/a
b. Slope analysis calculations and mapping shall be provided by the applicant as described under subsection C of this section. The slope analysis shall be certified by a qualified civil engineer or licensed surveyor.
c. The total number of dwelling units permitted within a project area shall be the sum of the allowable dwelling units within each slope class. For example, if ten (10) acres of the project falls within the ten (10) to fifteen (15) percent slope class and five acres falls within the 15.1 percent to twenty-five (25) percent slope class, then the total permitted yield shall be two dwelling units (10 ac x 0.10 du/ac plus 5 ac x 0.20 du/ac).

2. Minimum Lot Size. Minimum lot size shall be one dwelling unit per 2.5 acres within a slope category of ten (10) percent or less unless determined to be reduced by an approved slope analysis. Based on the outcome of a slope analysis, minimum lot size within the rural residential district may be reduced to twenty thousand (20,000) square feet, or the minimum lot size of the adjacent zone, whichever is greater, if clustered on slopes of less than ten (10) percent and the lots are part of a project that preserves the steeper slope classes as natural open space by dedication to an appropriate governmental entity, open space easement, transfer of development rights or other means approved by the city. The ongoing maintenance of such open space areas shall be ensured through a mechanism approved by the city.

3. Subdivision Design and Future Land Divisions.
a. Subdivisions shall be compatible with the surrounding development pattern. A subdivision shall be considered compatible if the lots created along the outside boundary of the project are no smaller than the average lot size within three hundred (300) feet of the project boundary. Parcels greater than five acres in area shall be excluded from the calculations when determining the average lot size within three hundred (300) feet of the project boundary.
b. Subdivisions shall be designed in such a way as to transfer development density to the lower slope classes and preserve the steeper slopes for very low density and/or A.3.a
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Ordinance No. 2023-994
Date Adopted: January 3, 2023
open space. Subdivisions created in this way are prohibited from further division so as not to circumvent the density transfer and the purpose of the district. This restriction shall be binding on the subdivider and subsequent land owners. Therefore, this restriction shall be secured by development agreement or other type of recorded deed restriction approved by the city.

4. Building Height. Dwellings and other accessory structures shall not exceed thirty (30) feet in overall height, provided that on slopes of less than ten (10) percent, the overall height shall not exceed thirty-five (35) feet.

5. Setbacks and Other Site Development Criteria. Front, side and rear setbacks and other site development standards not specifically referenced in this section shall be subject to the following standards:

Lot Size Standards
Under 40,000 s.f. R2 district standards
40,000 s.f. or greater R1 district standards

6. Grading within the rural residential district shall be performed as described under the hillside residential requirements, subsection (B)(6) of this section.

B. Hillside Residential Requirements.

1. Slope-Density-Natural Area Relationship. The maximum density (du/ac) and the percent of a site to remain in a natural state shall be determined by a slope analysis applied to the Slope-Density-Natural Area Table, as defined below.
a. Slope-Density-Natural Area Table 9.03.040-5.

Slope Class Allowable Density (DU/Acre) Minimum Amount of Open Space Required
Greater than 25% 0.10 (1 du/10 ac) 60%

15.1% to 25% 0.25 (1 du/4 ac) 50%
10% to 15% 0.50 (1 du/2 ac) 35%
Less than 10% 1.00 (1 du/ac) n/a
b. Slope analysis calculations and mapping shall be provided by the applicant as described under subsection C of this section. The community development director may require the slope analysis to be certified by a qualified civil engineer or licensed surveyor.
c. The total number of dwelling units permitted within a project area shall be the sum of the allowable dwelling units within each slope class. For example, if ten (10) acres of the project falls within the 15.1 percent to twenty-five (25) percent slope class and five acres falls within the greater than twenty-five (25) percent slope class, then the total permitted yield shall be three dwelling units (10 ac x 0.25 du/ac plus 5 ac x 0.10 du/ac).

2. Minimum Lot Size. Minimum lot size shall be one acre within a slope category of ten (10) percent or less unless determined to be reduced by an approved slope analysis. Based on the outcome of a slope analysis, the lot size within the hillside residential district may be reduced to ten thousand (10,000) square feet or the minimum lot size of the adjacent zone, whichever is greater, if clustered on slopes of less than ten (10) percent and the lots are part of a project that preserves the steeper slope classes as natural open space by dedication to an appropriate governmental entity, open space easement, transfer of development rights or other means approved by the city. The ongoing maintenance of such open space areas shall be ensured through a mechanism approved by the city.

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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit D
Ordinance No. 2023-994
Date Adopted: January 3, 2023

3. Subdivision Design and Future Land Divisions.
a. Subdivisions shall be compatible with the surrounding development pattern. A subdivision shall be considered compatible if the lots created along the outside boundary of the project are no smaller than the average lot size within three hundred (300) feet of the project boundary. Parcels greater than five acres in area shall be excluded from the calculations when determining the average lot size within three hundred (300) feet of the project boundary.
b. Subdivisions shall be designed in such a way as to transfer development density to the lower slope classes and preserve the steeper slopes for very low density and/or open space. Subdivisions created in this way are prohibited from further division so as not to circumvent the density transfer and the purpose of the district. This restriction shall be binding on the subdivider and subsequent land owners. Therefore, this restriction shall be secured by development agreement or other type of recorded deed restriction approved by the city.

Lot Size Standards
Less than 20,000 s.f. R-3 district standards
20,000 s.f. to 40,000 s.f. R-2 district standards
40,000 s.f. or greater R-1 district standards

6. Grading of any site shall be minimized and shall conform to the provisions contained in the city of Moreno Valley design guidelines, Ch. 9.16, under Applications for hillside development, Article IV, Sections 9.16.170 through 9.16.230 of this title, and the following standards:

Slope Class Standards

15.1—25% Padded building sites may be allowed, but maximum use of custom foundations and split level designs shall be employed to reduce the need for large, padded building areas.

Above 25% Mass grading is not permitted. Special hillside architectural and design techniques are expected in order to conform to the natural landform. Homes constructed on lots within this terrain shall use custom, multiple-level foundations.

For all areas All graded areas shall be protected from wind and water erosion through acceptable slope stabilization methods such as planting, walls or jute netting.

C. Slope Calculations. For the purposes of this section, the following method will be used to determine slope.

1. “Slope” is defined as the relationship between the change in elevation (rise) of the land and the horizontal distance (run) over which that change in elevation occurs. The percent of any given slope is determined by dividing the rise by the run on the natural slope of land, multiplied by one hundred (100).

2. a. For the purpose of determining the amount and location of land falling into each slope A.3.a
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Date Adopted: January 3, 2023
category, the applicant shall submit to the community development department, at the time of application, a base topographic map of the subject site prepared and signed by a registered civil engineer or licensed land surveyor. Such a map shall have a scale of not less than one inch to two hundred (200) feet and a contour interval of not more than ten (10) feet.
b. This base topographic map shall include all adjoining properties within three hundred (300) feet of the site boundaries. Slope bands in the range of less than ten (10) percent, ten (10) to fifteen (15) percent, fifteen (15) to twenty-five (25) percent, and greater than twenty-five (25) percent shall be delineated on the topographic map. The map shall be accompanied by a tabulation of the land area in each slope category specified in acres. The exact method for computing the percent slope and area by percent slope category is to be sufficiently described and presented so that a review can readily be made.

3. Slope Mapping Method.
a. The percent slope of any particular piece of land shall be plotted on the map as described in this subsection.
b. In preparing a slope map, those portions of ravines, ridges and terraces of less area generally sloping at twenty-five (25) percent slope or greater, shall be regarded as part of the bordering twenty-five (25) percent slope or greater band.

D. General Residential Requirements. The following tables sets forth minimum site development standards for residential development projects in the specified residential districts. In addition, projects must comply with the special development standards enumerated in this section, the performance standards included in Chapter 9.10 and any other applicable city ordinances, policies and standards.

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Table 9.03.040-6
Residential Site Development Standards
Single-Family Standards
Requirement R1 R2 RA2 R3 R5 RS10

1. Maximum density (DUs* per net acre) 1 2 2 3 5 10

2. Minimum lot size (sq. ft. net area) 40K** 20K 20K 10K 7,200 4,500

3. Minimum lot width, in feet 150 100 100 90 70 45
Cul-de-sac/knuckle lot frontage 50 50 50 50 50 45

4. Minimum lot depth, in feet 170 120 120 100 100 85

5. Minimum front yard setback 25 25 25 25 20 20
Front-facing garages 10
Buildings other than front-facing garages 10

6. Minimum side yard setback, in feet***
a. Interior side yard See
Note 1
See
Note 1
See
Note 1
See
Note 1
See
Note 2
See Note
3 b. Street side yard 20 20 20 15 15 10

7. Minimum rear yard setback, in feet*** 40 35 35 30 15 15

8. Maximum lot coverage 25% 30% 30% 40% 40% 50%

9. Maximum building and structure height, in feet Two stories not to exceed 35 feet.

10. Minimum dwelling size (sq. ft.) 1500 1500 1500 1250 1250 1000

11. Minimum distance between buildings, in feet
(including main DUs and accessory structures) 20 15 15 10 10 10

12. Floor area ratio
a. One-story home .25 .30 .30 .40 .40 .50
b. Multi-story home .50 .60 .60 .70 .70 .75
* The term “DUs” means dwelling units.
** The term “K” means thousands.
*** See Section 9.08.030 regarding accessory structures and room additions.

Notes to Residential Site Development Standards Table 9.03.040-6.

1. Combined interior side yard setbacks of twenty (20) feet shall be provided with a minimum of five feet on one side.

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Date Adopted: January 3, 2023

2. Combined interior side yard setbacks of fifteen (15) feet shall be provided with a minimum of five feet on one side.

3. In the RS10 district the minimum street side setback shall be ten (10) feet. The interior side setback shall be five feet, except in the case of zero lot line developments with houses placed on an interior side lot line. When a house is placed on an interior side lot line, the other minimum side yard setback shall be ten (10) feet. Where applicable, an easement at least five feet in width shall be provided along the common lot line. The easement shall guarantee the right to use and occupy the easement for a roof overhang(s), stormwater drainage and for building maintenance and repair.

4. The minimum front yard setback from private streets within the R1, R2 and R3 districts shall be fifty- five (55) feet measured from the center line of the street. The minimum front yard setback from private streets within the R5 district shall be fifty (50) feet measured from the center line of said street.

Table 9.03.040-7
Residential Site Development Standards
Multifamily Standards
Requirement R10 R15 R20 R30

1. Maximum density (DUs*/net acre) 10 15 20 30

2. Minimum lot size (net area in sq. ft.)** 1 acre 1 acre 1 acre 1 acre

3. Minimum lot width in ft. 200 200 200 200

4. Minimum lot depth in ft. 175 175 175 175

5. Minimum front yard setback, in ft. 20 25 30 30

6. Minimum side yard setback, in ft.

Interior side yard 10 10 10
10 ft. plus 2 ft.
for every 5 ft. in
height over 30
ft.

Street side yard 20 20 20 20

7. Minimum rear yard setback, in ft. 15 20 25
10 ft. plus 2 ft.
for every 5 ft. in
height over 30
ft.

8. Maximum lot coverage 40% 45% 50% 50%

9. Maximum building and structure height,
in ft. 50 feet

10. Minimum dwelling size (sq. ft.) See Note 1

11. Minimum distance between buildings,
in ft. (including main DUs and accessory
structures)
20 20 20 20

12. Floor area ratio .75 .75 .75 1.0
* The term “DUs” means dwelling units.
** Minimum lot size only applies to newly subdivided multi-family lots; existing lots can be developed under the multi-family development standards
E. Special Single-Family Residential Development Standards.

1. In any residential district, front yard setbacks in subdivision developments may be reduced by twenty (20) percent provided the mean of all such setbacks in the development is not less than the minimum required for the district.

2. In the R2, RA2, R3 and R5 districts, developments of five or more dwelling units shall include front and street side yard landscaping and shall consist predominantly of plant materials, except for necessary walks, drives and fences.

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Ordinance No. 2023-994
Date Adopted: January 3, 2023

3. In the RS10 district, driveways and fire hydrants shall be designed and located to maximize on-street parking opportunities in front of each residence.

4. Within the RS10 district, small lot single-family subdivisions on less than fifteen (15) gross acres shall provide landscaping and decorative walls along the street side of corner lots and at least two of the following amenities throughout the project:
a. Front porches;
b. Automatic garage door openers;
c. Electronic security systems.

5. Within the RS10 district, small lot single-family subdivisions on fifteen (15) gross acres or more shall include usable common open space encompassing a minimum of ten (10) percent of each development. Usable common open space does not include individually owned lots, parking areas, nor vehicular rights-of-way. Usable common open space is open space and/or recreational amenities under joint (common) ownership, including, but not necessarily limited to, landscaped areas, trails, playgrounds, tennis courts, swimming pools and recreational buildings. A homeowners’ association shall be established to provide continual maintenance of the commonly owned facilities.

6. For all developments within the R5 land use district, a buffer of lots held to the development standards of the R3 land use district shall be included for all portions of a subdivision located adjacent to lower density single-family residential land use districts, including the R1, R2, RA-2, and RR zones.

7. For all single-family residential developments in the R10, R15, R20, and R30 districts a Planned Unit Development application shall be submitted to establish the applicable development standards.

8. In all residential districts, air conditioners, heating, cooling and ventilating equipment and all other mechanical, lighting or electrical devices shall be operated so that noise levels do not exceed sixty (60) dBA (Ldn) at the property line. Additionally, such equipment, including roof-mounted installation, shall be screened from surrounding properties and streets and shall not be located in the required front yard or street side yard. All equipment shall be installed and operated in accordance with other applicable city ordinances.

F. Special Multiple-Family Residential Development Standards.

1. In the R10, R15, R20 and R30 districts, buildings exceeding one story in height shall maintain a minimum building setback of fifty (50) feet from any single-family district. Any single-story building within the R10, R15, R20 or R30 district shall maintain a minimum setback of twenty (20) feet from any single-family district.

2. In any residential district, front yard setbacks in subdivision developments may be reduced by twenty (20) percent provided the mean of all such setbacks in the development is not less than the minimum required for the district.

3. In all residential districts, air conditioners, heating, cooling and ventilating equipment and all other mechanical, lighting or electrical devices shall be operated so that noise levels do not exceed sixty (60) dBA (Ldn) at the property line. Additionally, such equipment, including roof-mounted installation, shall be screened from surrounding properties and streets and shall not be located in the required front yard or street side yard. All equipment shall be installed and operated in accordance with other applicable city ordinances.

4. In the RS10, R10, R15, R20 and R30 districts, developments of five or more dwelling units shall include front and street side yard landscaping and shall consist predominantly of plant materials, except for necessary walks, drives and fences.

5. In the RS10, R10, R15, R20 and R30 districts, a minimum of thirty-five (35) percent of the net site area, exclusive of private patio and yard areas, shall be landscaped. Turf shall not exceed fifty (50) percent of this area. Required setback areas and outdoor recreation areas may be counted toward this minimum. Landscaping shall consist predominately of plant materials to include water efficient native plants, except for necessary walks and A.3.a
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fences. Landscape areas shall be designed to promote water retention and allow runoff from impervious surfaces. Hardscape areas are recommended to be constructed with pervious surfaces where feasible to reduce run off.

6. Where a multiple-family project abuts property in a single-family district, a decorative masonry wall at least six feet in height and screening landscaping within a planter of at least five-foot interior width shall be erected and maintained between such uses and the single-family district. Decorative walls composed of block, brick, stone, stucco-treated masonry or concrete panels are acceptable. The community development director may approve alternative materials, provided that the materials are decorative and comparable to masonry walls or concrete panels in durability and ability to attenuate light and sound.

7. Parking for each use shall comply with the requirements of Chapter 9.11 of this title.

8. In the R30 District, Landscape Trees. One tree per twenty (20) linear feet of building dimension for the portions of building visible from parking lot or ROW and one tree per twenty (20) linear feet of perimeter planter areas.

9. In the R30 district, for a development of three acres or greater, up to sixty (60) percent of the units may be in buildings with three or four stories, fifty (50) feet maximum height subject to planning commission approval.

Table 9.03.040-8
Designation Minimum
Density*
Maximum
Density
R10 8 units/acre 10 units/acre
R15 12 units/acre 15 units/acre
R20 16 units/acre 20 units/acre
R30 24 units/acre 30 units/acre
* Eighty (80) percent of allowable density must be achieved by all multiple-family residential developments.

G. General Multiple-Family Guidelines.

1. Opposing garages or carports should be turned to avoid the monotony of alley-like parking corridors.

2. Parking areas should be staggered and landscaped to add visual interest, and opportunities for accent treatments.

3. Parking spaces within multifamily areas shall be located within two hundred fifty (250) feet of the dwellings they serve.

4. Multifamily parking lots shall be limited to two double aisles of cars to help reduce expanses of paving. Parking lots shall provide openings in curbs to convey surface drainage into landscape areas for water quality, retention and absorption.

5. Open parking areas should be clustered and treated as landscaped plazas and courts.

6. Landscaping shall be used around the perimeter of the lot, as well as within the lot, reducing paved area and providing for a more pedestrian oriented site.

7. No more than four units for a two-story structure should be served by one entry.

8. Each multiple-family unit shall have at least one hundred and fifty (150) square feet of private open space per downstairs unit and a minimum of one hundred (100) square feet of private open space per upstairs unit. Private open space may consist of a fenced yard area, patio or balcony. Fenced yards and patios shall have a minimum dimension of at least eight feet. Balconies shall be at least five feet deep.

9. Common open space at a minimum of three hundred (300) square feet per each residential dwelling in the project is required.

10. Individual units should have a porch or porch-like space at the front door.

11. Trash enclosures shall be located to provide a maximum walking distance of two hundred A.3.a
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fifty (250) feet from the units they serve.

12. Trash enclosures shall include solid roofs and be designed to be compatible with the project’s architecture.

13. Trash enclosures shall not be located on dead end drive aisles, unless adequate turnaround is provided for collection vehicles.

14. There shall be at least one double-bin trash enclosure for every forty-eight (48) residential units.

15. Mail boxes should be located at various places on the site and treated to match the building’s architecture, avoiding the institutional and monumental “gang box” appearance, while conforming to post office guidelines.

16. Drive aisles should be curved and should incorporate landscaping and paving treatments to reduce vehicle speed. Landscaping treatments may include pinched planters and a mix of canopy and vertical trees. Paving treatments may include interlocking paver bands or etchings across drives. Speed bumps or Botts’ dots are not an acceptable alternative.

17. Freestanding structures, like gazebos or pergolas, should be located to define activity areas at pathway intersections or in secluded landscape areas.

18. Drive aisles shall be at least twenty-four (24) feet wide for two-way traffic and shall be at least twenty (20) feet wide for one-way traffic.

19. Buffer setbacks and landscaping shall be provided along all property lines. Buffers may also be appropriate within the complex, separating recreational areas from units and limiting lines of sight between balconies and into parking areas.

20. Multiple-family projects warrant special design considerations, including:
a. Intimate, shaded outdoor seating areas;
b. A network of pathways, providing interesting walking experiences; c. Gentle slopes for outdoor pathways and ramps to entry doors and between floors; d. Convenient and attractive access to transit, including porte cocheres, information kiosks, seating areas and water elements;
e. Security;
f. Direct ambulance access (senior housing projects);
g. Parking close to units;
h. Elevators (senior housing projects).

21. Buildings shall provide for a variety of colors and architectural features to break up the massing of buildings and provide visual interest.

22. Multifamily units shall be clustered to minimize grading and to help maintain the natural landscape.

23. Multifamily projects shall be designed for the needs of the intended residents. For example, children’s needs would require open space, tot lots, handrails, and enclosed yards on ground floor units. Disabled or elderly needs would require ramps, parking close to units, minimum and gradual elevation changes and elevators.

24. Architectural features should be used to increase privacy from nearby units and common or public spaces.

25. Roof forms should be mixed and combined to vary the perception of building height, to differentiate units and to add interest to building mass. The long, straight roofline of a single gable is not permitted.

26. A diagram of the complex showing the location of the viewer and the building designations shall be positioned at each visitor entrance of a multiple-family development.

27. Buildings shall provide for a variety of colors and architectural features to break up the massing of buildings and provide visual interest.

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Ordinance No. 2023-994
Date Adopted: January 3, 2023

9.07.010(B) Downtown Center (DC).

B. Downtown Center (DC).

1. Purpose and Intent. The downtown center is envisioned as the primary hub and focal point of Moreno Valley and an economic and cultural engine in the region.

The district establishes standards to foster development of a vibrant downtown center at the heart of the city to serve as a focal point of the community and destination for people from around the region. The district allows for a vibrant mix of business, entertainment, residential, cultural, and civic uses with the focus of the highest intensity of development along Nason Street. It integrates existing uses and layers compatible new land uses and public amenities together at various scales and intensities to foster a mix of uses that encourages people to live, work, play, and shop within the downtown center.

With a range of activities day and night, this thriving area will draw people and businesses to Moreno Valley and will showcase the highest quality architecture and design to rival anything in the region. The downtown center will integrate the existing hospital complexes and provide visual and physical connections to Moreno Valley College, Lake Perris, and other key destinations within the community.

Visibility is a critical design consideration for the downtown center. Design standards for development at the core of the downtown center could take advantage of the relatively flat terrain and promote higher building heights to help build visual connections from other locations within the community and enhance the prominence of the downtown center as an important destination. Additionally, public plazas and other vantage points within the downtown center should be designed to allow for view of the scenic hills surrounding the city, enhancing sense of place.

2. Property Development Standards. The downtown center zone applies primarily to parcels in the area generally bounded by Lasselle Street, Iris Avenue, Nason Street, and extending to Cottonwood Avenue at some locations. The intent is to allow for development of a downtown that will include commercial, office, vertical and horizontal mixed use, higher density multifamily development, and lower density residential on the periphery. The most intense development is expected to be focused towards Nason Street. The zone is intended to:
a. Ensure orderly and thorough planning and review procedures that will result in quality design;
b. Provide the creation and improvement of common open space and coordination of vehicular, pedestrian, and bicycle circulation; c. Establish a procedure for the development of land under unified control to achieve efficient land use patterns while permitting creative and innovative approaches to the development of residential, commercial, and mixed-use in the designated DC district in order to create a central downtown business atmosphere towards Nason Street;
d. Encourage mixed development patterns and avoid monotony in large developments by allowing greater flexibility in selecting the means to provide access, light, open space, and amenities; and
e. Decrease the burden created by new development on utilities and other infrastructure systems by permitting mixed use development consistent with policies of the general plan.

3. Special Requirements. In order to implement the downtown center (DC) district general plan policies, an area plan will be required demonstrating consistency with A.3.a
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the principles outlined in the land use and community character (LUCC) element, Table LCC-2 and the illustrative development program shown in the LUCC element, Table LCC-3 prior to approval. For large projects, an existing or proposed specific plan may be used in lieu of an area plan. Development on smaller parcels and multifamily housing projects may satisfy this requirement with a site plan as determined by the community development director, and development of residential projects on the periphery of the downtown center may satisfy the requirement through approval of a planned unit development application. a. The Floating Zone Concept. A floating zone is a zone that delineates a general area where certain conditions would need to be considered before a development proposal is approved.
b. Floating PUDs. The floating planned unit development (DC-PUD) designation allows for the development of single-family housing and less dense multifamily housing on the periphery of the downtown center. This will support development of the most intense development in proximity to Nason Street, allowing residential mixed-use projects with ground-floor commercial uses in proximity to the intersection of Nason Street and Alessandro Boulevard, and encouraging residential development greater than twenty (20) dwelling units per acre along portions of Alessandro Boulevard towards Nason Street.

The designation for the floating planned unit development zone is indicated on the official zoning map with a circle border and the letters “DC-PUD.” This symbol represents a “floating” designation and is only intended to indicate a general area within which a PUD could be located. It does not preclude other development or uses that would otherwise be permitted within the downtown center. The purpose and intent of the PUD floating zone is to provide flexibility in planning for residential development of projects.
c. Floating Plazas. The floating parks and plazas (DC-PPL) zone is used to designate lands that can be publicly or privately- owned and are intended to be programmed for low intensity, publicly accessible open space uses.

Parks and plazas represent a creative solution to provide more public space in the downtown center zone. Plazas and pocket parks will generally be spaces that are developed and maintained privately, but open to the public. Opportunities for the creation of these types of plazas will occur as properties in the DC zone develop with higher intensity uses.

The designation for the park or plaza is indicated on the official zoning map with a circle border and the letters “DC-PPL.” This symbol represents a “floating” designation and is only intended to indicate a general area within which a park or plaza site should be located. The specific size, exact location and configuration of such park or plaza site will be finalized only through future development of specific parcels in the DC district through an area plan, specific plan, or a site plan. Until such time that these properties are privately developed as a publicly accessible park or plaza space or purchased by the city, development is allowed consistent with the DC zone.

4. Site Development Standards.
a. General Requirements. The following sets forth minimum site development standards for the downtown center. In addition, projects must comply with the special requirements enumerated in subsection (B)(3) of this section, the performance standards included in Chapter 9.10, and other applicable A.3.a
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ordinances, policies, and programs. The parking standards in Section

9.11.040 off-street parking requirements shall apply.

Downtown Center (DC) - Development Standards
Requirement Development Standards
Block Development
Blocks over 500 feet should feature midblock
connections shall as pedestrian pathways or alleys.

Block sizes should range between 330 and 660
linear feet where feasible
Mid-Block Pathways Mid-block pathways shall be no less than 16 feet wide
Buildings shall be oriented such that frontages
and entrances are visible and accessible from
the public right-of-way, pedestrian connections,
parks, or plazas
Buildings shall be oriented such that frontages and
entrances are visible and accessible from the public
right-of-way, pedestrian connections, parks, or
plazas
Density - Dwelling Units (Du)/Acre *1 NA (with or without affordable housing) Minimum Site Area As determined through area plan if required or site plan review
Minimum site width, in feet As determined through area plan if required or site plan review
Minimum site depth, in feet As determined through area plan if required or site plan review
Front building setback, in feet (after dedications
for right-of-way) ground floor use 0—10
Side street building setback area, in feet (after
dedications for right-of-way) 0—10
Interior side yard setback in feet 0—10
Rear yard setback in feet 10
Lot coverage, maximum Pending landscape and open space requirements Building height, in feet, maximum None
Floor Area Ratio (FAR) NA
Minimum Dwelling Size *See note below
Minimum distance between buildings in feet
(between residential and commercial uses) 10
Parking (surface) front street setback, in feet
(after dedications for right-of-way) 10
Parking (surface) side street setback, in feet
(after dedications for right-of-way) 5
Garage/Tuck-Under Parking Prohibited along front lot lines Underground/Podium Parking Allowed beneath building footprints Above Ground Parking Structure Allowed if screened from views from public right-of- way and adjacent single family residential zones
Setback Landscaping All setbacks exclusive of required walkways and driveways will be landscaped planting areas
Publicly Accessible Open Space (nonresidential) 15% of net lot area Private Open Space (multifamily residential)2 150 sq ft per unit on 1st floor, and 100 sq ft per unit on upper floors
Common Open Space (multifamily residential)2 300 sq ft per unit A.3.a
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Ordinance No. 2023-994
Date Adopted: January 3, 2023
Requirement Development Standards
Ground floor building frontages clear glazing
material 60%
Ground floor-to-ceiling minimum height in feet 15—20
Notes:

1. Minimum Dwelling Unit Sizes.
a. Studio and One Bedroom: four hundred fifty (450) square feet; b. Two Bedroom: eight hundred (800) square feet;
c. Three Bedroom: one thousand (1,000) square feet.

2. The Planning Commission may modify minimum open space requirements.

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Ordinance No. 2023-994
Date Adopted: January 3, 2023

9.08.070 Fences and walls.

A. General Provisions.

1. No fence or wall shall be placed in a manner that would deter the fire department from immediately discerning and gaining access to any fire hydrant or other fire protection device. Fences and walls shall be located to maintain a minimum of three feet of clearance around the circumference of any fire hydrant.

2. No fence or wall shall be placed within a city right-of-way without approval of an encroachment permit by the city engineer for such fence or wall.

3. Nothing in this section shall be construed to supersede more restrictive provisions of Chapter 8.21 of the municipal code (Grading Regulations), the International Building Code or the International Fire Code.

4. An open fence or wall, as used in this section, means any fence or wall for which at least seventy-five (75) percent of that portion which is above three feet in height consists of openings that provide visibility and allow the passage of light and air.

All other fences and walls are considered solid.

5. All fences and walls shall comply with the sight distance requirements for traffic safety in accordance with the California Department of Transportation Highway Design Manual.

6. Required Walls and Fences along Moreno Valley Freeway (California State Highway 60)
a. Development projects adjacent to the Moreno Valley Freeway (California State Highway 60) right-of-way shall construct either a split- face block wall or tubular steel fence along the property line abutting freeway right-of-way.
b. The split-face block wall or tubular steel fence shall be eight feet (8’) tall measured from the highest adjacent grade (property in question or freeway right-of-way).
c. Projects with frontage along City right-of-way abutting the Moreno Valley Freeway (California State Highway 60) right-of-way shall install walls and/or fencing along the limits of the right-of-way. The Public works director or their designee may require a fee in-lieu or may waive this requirement.
d. Wall heights may be increased subject to the recommendations of a property specific noise study and concurrence by the Community Development Director or their designee.

B. Fences and Walls in Residential Developments.

1. In required front yards of residential developments:
a. Any solid fence or wall located outside of vehicle lines-of-sight at street intersections shall not exceed three feet in height and any open fence or wall shall not exceed six feet in height. The height of such fences and walls shall be measured from the finished grade at the bottom of the fence or wall;
b. Retaining walls up to three feet in height are allowed within any front yard.

In the case of a retaining wall that faces the exterior of the property on which it is located, an open fence up to three feet in height may be built directly on top of the retaining wall (See Figure 9.08.070-1). In the case of a retaining wall that faces the interior of the property on which it is located, a solid fence or wall up to three feet in height, or an open fence up to six A.3.a
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Date Adopted: January 3, 2023
feet in height, may be built directly on top of the retaining wall (See Figure

9.08.070-2);
c. Fences and walls located in front yards shall be decorative and made of durable materials, including masonry, wood pickets, tubular metal or other materials, as approved by the community development director.

2. In required side and rear yards of residential developments:
a. Height.
i. Except as described below, a wall or fence along any side yard or rear yard shall not exceed six feet in height, as measured from the finished grade.
ii. The height of a wall or fence along the side or rear yard may exceed six feet if the difference in elevation between adjoining sites warrants such increase to maintain the effectiveness of screening that is generally provided by six-foot walls and fences, provided that the height of such wall or fence does not exceed eight feet (See Figure 9.08.070-3).
iii. The height of a wall or fence along any side or rear yard may exceed six feet if the decision-making body determines that the additional height is needed to mitigate noise impacts or provide screening from adjoining arterial streets, freeways, or nonresidential uses (see Section 9.08.150 of this chapter). Any such wall or fence shall not exceed the height necessary to mitigate noise and screen undesirable views.
b. Retaining Walls and Combinations of Retaining Walls and Nonretaining Fences.
i. Retaining walls within any side yard or rear yard shall not exceed six feet in height, except where they are located on the boundary between two residential parcels, in which case they shall not exceed three feet in height. The combined height of retaining wall, wall and or fence shall not exceed eight feet of solid surface (See Figure 9.08.070-4).
ii. A six-foot high retaining wall may be placed three feet or more from the side or rear property line (See Figure 9.08.070-5). iii. No two retaining walls on a given slope shall be closer to each other than the height of the taller wall, except as described below. iv. In the case of a retaining wall that faces a street or other public viewpoint, a nonretaining fence or nonretaining wall may be erected above (either up-slope or directly on top) such retaining wall if their solid surfaces, when added together, do not exceed eight feet in height, and the combined surface area of solid and open fencing shall not exceed twelve (12) feet in height subject to approval by the community development director. For example, a four-foot decorative metal rail fence may be placed above a two-foot wall and a six-foot retaining wall (See Figure 9.08.070-6).
c. Fence and Wall Design.
i. Side Yards and Rear Yards Adjacent to Residential Parcels.

Fences and walls located between residential parcels shall be constructed of wood, decorative metal rail, decorative block or other durable materials, as approved by the community development director.

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Ordinance No. 2023-994
Date Adopted: January 3, 2023
ii. Side and Rear Yards Adjacent to Streets, Freeways and Other Rights-of-Way. Fences and walls placed between lots and adjoining rights-of-way shall be constructed of decorative metal rail, decorative block or other decorative and durable materials, as approved by the community development director. Where practical, such fences and walls shall incorporate landscaping, earth berms and changes in materials or texture to reduce visible wall height, deter graffiti and add visual interest. Except where the community development director determines that screening is needed, open walls and fences shall be placed at the top of slopes that are six or more feet above any adjoining right-of-way to provide view opportunities and minimize wall height.
iii. Side and Rear Yards Adjacent to Open Space Areas. Except where the community development director determines that screening is needed, open walls and fences shall be placed along side and rear yards that are adjacent to open space areas.
iv. View Lots. Except where the community development director determines that screening is needed open walls and fences shall be placed along side and rear yards that are fifteen (15) or more feet above the pad height of the adjacent residential lot.

C. Fences and Walls in Nonresidential Developments.

1. In any required front or street side building setback area, a wall or fence shall not exceed three feet in height, as measured from the road grade nearest the property line.

2. Walls for the purpose of visual screening and sound attenuation shall be required between nonresidential activities and any adjacent residential use or residentially zoned property, or where more sensitive adjacent land uses exist. The height, placement and design of such walls shall be considered on a site-specific basis considering the need for sound attenuation or visual screening.

3. Unless otherwise required pursuant to subsection (B)(2) of this section, walls and fences in any required rear or interior side setback area shall not exceed six feet in height.

Figure 9.08.070-1
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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit F
Ordinance No. 2023-994
Date Adopted: January 3, 2023

Figure 9.08.070-2

Figure 9.08.070-3

Figure 9.08.070-4

Figure 9.08.070-5

Figure 9.08.070-6
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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit G
Ordinance No. 2023-994
Date Adopted: January 3, 2023

9.09.080 Drive-in, drive-through, fast food and take-out restaurants.

A. Purpose and Intent. The purpose of this section is to ensure that drive-in, drive-through, fast food and take-out restaurants do not result in adverse impacts on surrounding neighborhoods by reason of customer and employee parking demand, traffic generation, noise, light, litter, or cumulative impact of such demands in one area, consistent with the goals, objectives and policies of the general plan.

B. Applicability. Drive-in, drive-through, fast food, or take-out restaurants may be permitted subject to the standards of the underlying district and special conditions listed below. The provisions of this section shall apply to all drive-in, drive-through, fast food and take-out restaurants constructed or the use of which commenced after the effective date of this title and to any expansion of more than twenty (20) percent of the gross floor area or increase of more than twenty-five (25) percent of the number of seats in any such restaurant in use prior to the effective date of this title. Floor area added for the purpose of compliance with state or local health laws or access requirements of the disabled shall not be included in floor area calculations for purposes of determining applicability of this section.

C. Minimum Development Standards. The following minimum development standards shall apply to all drive-in, drive-through, fast food and take-out restaurants.

1. Hours of Operation. When located on a site adjacent to, or separated by an alley from any residentially zoned property, a drive-in, drive-through, fast food or take- out restaurant shall not open prior to six a.m., nor remain open after ten p.m. unless extended hours are specifically approved by the planning commission.

2. Driveways. Drive-in and drive-through restaurants sites shall have two points of ingress and/or egress.

3. Queuing. Drive-up and drive-through restaurants shall have a capacity for queuing a minimum of eight vehicles awaiting service. Queuing area shall not interfere with on- or off-site circulation patterns and shall be reviewed and approved by the city traffic engineer prior to issuance of a building permit.

4. Parking. A parking and vehicular circulation plan encompassing adjoining streets and alleys shall be submitted for review and approval by the city traffic engineer prior to approval of a conditional use permit.

5. Trash Receptacle. A minimum of one outdoor trash receptacle shall be provided on-site. At least one additional on-site outdoor trash receptacle shall be provided for every ten (10) required parking spaces.

6. Noise. Any drive-up or drive-through speaker system shall not be detectable above ambient noise levels beyond the property boundaries. The system shall incorporate best available technology to compensate for ambient noise levels.

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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit H
Ordinance No. 2023-994
Date Adopted: January 3, 2023

9.11.040 Off-street parking requirements.

A. Automobile Parking Requirements. Off-street automobile parking shall be provided in accordance with the requirements of this chapter. The following tables set forth the required off-street parking requirements and certain notations for various residential, commercial, industrial, public and quasi-public uses. Parking provided above required off-street must be constructed with permeable surfaces and/or enhanced landscaped retention and absorption areas:

Table 9.11.040A-12
Off-Street Parking Requirements
Residential Uses Requirement Covered Parking Notes
Single-family 2/unit Within an enclosed
garage

Accessory dwelling
unit
1/bedroom

The accessory dwelling unit shall provide
a minimum of one parking space per
bedroom in addition to the parking
required for the main dwelling, except as
exempted by state law (refer to Section

9.09.130 Accessory dwelling units).

Spaces may be provided as uncovered
and/or tandem parking on a driveway.

Duplex1 2/unit Within an enclosed
garage

3 or more units: 1

Guest parking is required for all units at

0.25 spaces/unit. Guest parking is
included in the minimum required parking
standard.

Studio 1.25/unit 1 covered/unit
1 bedroom 1.5/unit 1 covered/unit
2 bedrooms 2.0/unit 1 covered/unit
3+ bedrooms 2.5/unit 2 covered/unit
Senior housing: 1
Studio
1 bedroom
+ bedrooms

1.0/unit

1.25/unit

1.5/unit

1 covered/unit
1 covered/unit
1 covered/unit
Guest parking is required for all units at

0.25 spaces/unit. Guest parking is
included in the minimum required parking
standard. Alternate parking requirements
may be permitted subject to approval of a
parking study pursuant to Section

9.11.070(A) of this chapter.

Mobile home parks 2.5/unit

Tandem spaces may be used to meet
resident parking requirements.

Residential care
homes1
Parking requirements shall be determined by the community development director subject to an approved parking study.

Live-work units
(residential
component)
2/unit 2 covered/unit Guest parking is required for all units at

0.25 spaces/unit. Guest parking is NOT
included in the minimum required parking
standard and can be shared with the
business aspect of the “live-work” parking
standard.

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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit H
Ordinance No. 2023-994
Date Adopted: January 3, 2023
Residential Uses Requirement Covered Parking Notes
Residential
component of
mixed-use project1
See multiple-
family
requirements
in this table
See multiple-family
requirements in this table
Guest parking is required for all units at

0.25 spaces/unit. Guest parking is
included in the minimum required parking
standard and may be shared with the
nonresidential component. Alternate
parking requirements may be permitted
subject to approval of a parking study
pursuant to Section 9.11.070(A) of this
chapter.

General Note:

1. Required Parking for tenants and guests shall not be rented separately from dwelling units.

Table 9.11.040B-12
Off-Street Parking Requirements
Commercial Uses Requirement Notes
General retail (unless
specified elsewhere)
1/225 sq. ft. of gross floor area

Automobile, boat, mobile
home, or trailer sales, retail
nurseries, or other similar
outdoor commercial activities
1/2,000 sq. ft. of display area 1. Display area shall include all office, service and repair, or other related
activities and areas that are accessible
to the public.

2. No required off-street parking spaces
shall be used for display, sales, service
or repair of vehicles.

Automobile service stations,
repair and service facilities
2 spaces + 4/service bay for 4 or
less bays and 2/service bay for 5
or more bays
Any related retail activities shall be
subject to the general retail parking
standards (mini-markets, tire sales, and
the like).

Automobile washing and
waxing establishments:

Self-serve 2 spaces + 2/washing stall

Automated 10 + 1 per 2 employees

Business and professional
offices
1/250 sq. ft. of gross floor area

Banks, savings and loans
and medical/dental offices
1/225 sq. ft. of gross floor area

Day care center 1/employee + 1/500 sq. ft. of
gross floor area
Special design requirements shall apply
for bus loading or parent drop-off points.

Eating and drinking
establishments
1/100 sq. ft. of gross floor area
up to 6,000 sq. ft.

A minimum of 10 spaces required for
stand-alone use.
1/75 sq. ft. of gross floor area
over 6,000 sq. ft.

No additional parking required if outdoor
dining area comprises no more than
15% of the interior gross floor area of the
primary food service use; if outdoor
dining area is over 15%, 1 space for
every 60 sq. ft. or 1 space for every 3
seats, whichever is greater.

Eating and drinking
establishments within
shopping centers of 25,000
sq. ft. of building area or
greater
1/225 sq. ft. of gross floor area
up to 15% of the shopping center
gross building square footage

Hotel/motel 1/guest room

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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit H
Ordinance No. 2023-994
Date Adopted: January 3, 2023
Commercial Uses Requirement Notes
Kennels 2 spaces/1,000 sq. ft. 2 spaces/1,000 sq. ft. of indoor animal enclosure.

Veterinary hospital and clinic 1/200 sq. ft. of gross floor area

Mortuaries 1/4 seats + funeral procession
queue capacity for 5 cars

Nail salons 1 space/2 work stations

Schools, private:

Business and trade 10 spaces + 24/classroom

College 10 spaces + 30/classroom

Elementary/junior high 10 spaces + 2/classroom

Senior high 10 spaces + 10/classroom

Storage lots and mini-
warehouses
1/100 storage spaces and
2/caretaker residence
2 spaces minimum.

Medical and health services:

Convalescent and nursing
homes
1/3 beds

Homeless shelter 1/4 beds

Hospitals 1/bed

Residential care facilities see Residential Uses, Section

9.11.040 Table 9.11.040A-12

Recreation:

Arcades 1/75 sq. ft. of gross floor area

Bowling and billiards 5/alley + 2/billiard table

Commercial stables 1/5 horse capacity for boarding
on-site

Golf course 6/hole

Golf driving range 1/tee

Golf, miniature 3/hole

Health club 1/100 sq. ft. of gross floor area

Parks—public and private To be determined by the
approval authority based upon an
approved parking study.

Skating rink 1/100 sq. ft. of gross floor area

Tennis, handball and
racquetball facilities
3/court

Theaters 1/3 fixed seats

Table 9.11.040C-12
Off-Street Parking Requirements
Industrial Uses Requirement Notes
Manufacturing 1/500 sq. ft. of gross floor area Trailer parking: parking stalls for trailers shall be provided at a ratio of 1 stall per
truck loading dock door. This is in
addition to the loading parking stall
already provided at the dock door.

Research and development 1/350 sq. ft. of gross floor area Warehouse and distribution 1/1,000 sq. ft. of gross floor area for the first 20,000 sq. ft.; 1/ea.
2,000 sq. ft. of gross floor area
for the second 20,000 sq. ft.;
1/ea. 4,000 sq. ft. of gross floor
area for areas in excess of the
initial 40,000 sq. ft.

Table 9.11.040D-12
Off-Street Parking Requirements
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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit H
Ordinance No. 2023-994
Date Adopted: January 3, 2023
Public and Quasi-Public
Uses
Requirement Notes
Libraries, museums and
galleries
1/300 sq. ft. of gross floor area

Public utility facilities without
an office on-site
2/employee on the largest shift +
1/company vehicle
A minimum of 2 spaces shall be
required.

Auditorium, places of public
assembly and places of
worship
1/3 fixed seats or 1/35 sq. ft. of
gross floor area of the assembly
area or 1 space for every 4.5
lineal feet of benches/pews,
whichever is greater

Government offices To be determined by a parking
study approved by the
community development director

B. Schedule of Accessible Parking Requirements. The following requirements for accessible parking are intended to be consistent with the state requirements. Any conflicting provisions or future changes in state or federal requirements shall preempt the standards for provision of accessible parking spaces contained in this title.

1. Accessible parking for residential uses shall be provided at a rate of one space for each dwelling unit that is designed for accessibility and occupancy by the disabled, unless an adjustment is allowed, based on a parking study approved by the community development director.

2. Accessible parking for outpatient units and facilities providing medical care and other services for persons with mobility impairments shall be provided at a rate of ten (10) percent of the total number of parking spaces provided serving such outpatient unit or facility. Accessible parking for units and facilities that specialize in treatment or services for persons with mobility impairments shall be provided at a rate of twenty (20) percent of the total number of parking spaces provided serving each such unit or facility.

3. Accessible parking spaces for other uses shall be provided at the following rates:

No. of Automobile Spaces Provided No. of Accessible Spaces Provided 1—25 1
26—50 2
51—75 3
76—100 4
101—150 5
151—200 6
201—300 7
301—400 8
401—500 9
501—1,000 2% of total spaces
1,001 and over 20 plus 1 for each 100 spaces or fraction thereof over 1,001

4. Each accessible parking space shall be fourteen (14) feet wide, striped to provide a nine- foot wide parking area and a five-foot wide loading area (access aisle) and shall be a minimum of eighteen (18) feet in length. If two accessible spaces are located adjacent to each other, they may share the five-foot wide loading area, resulting in a width of twenty- three (23) feet for the two spaces. One in every eight handicapped spaces, but not less than one, shall be van accessible; served by a loading area not less than eight feet wide.

If two van accessible parking spaces are located adjacent to each other, they may share a common eight-foot wide loading area.

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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit H
Ordinance No. 2023-994
Date Adopted: January 3, 2023

5. When less than five parking spaces are provided, at least one shall be fourteen (14) feet wide, striped to provide a nine-foot parking area and a five-foot loading area. Such space shall not be required to be reserved or identified exclusively for use by persons with disabilities.

6. Accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance. In parking facilities that do not serve a particular building, accessible parking shall be located on the shortest accessible route of travel to an accessible pedestrian entrance of the parking facility. In buildings with multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located closest to the accessible entrances.

7. In each parking area, a bumper or curb shall be provided and located to prevent encroachment of cars over the required width of walkways. The space shall be so located that persons with disabilities are not compelled to wheel or walk behind cars other than their own. Pedestrian ways that are accessible to people with disabilities shall be provided from each such parking space to the related facilities, including curb cuts or ramps as needed. Ramps shall not encroach into any parking space, with the exception that ramps located at the front of accessible parking spaces may encroach into the length of such spaces when such encroachment does not limit the capability of a person with a disability to leave or enter their vehicle, thus providing equivalent facilitation. Where the building official determines that compliance with any regulation of this subsection would create an unreasonable hardship, a waiver may be granted when equivalent facilitation is provided.

8. The slope of an accessible parking stall shall be the minimum possible and shall not exceed one-quarter inch per foot (2.083% gradient) in any direction.

9. Notwithstanding the off-street parking requirements of subsection A of this section, the number of parking spaces that are not accessible may be reduced to the extent necessary for modification of an existing facility to comply with the requirements described in this subsection.

10. Where provided, one passenger drop-off and loading zone shall provide an access aisle at least five feet wide and twenty (20) feet long adjacent and parallel to the vehicle pull up space. Such zones shall be located on a surface with a slope not exceeding one vertical in fifty (50) horizontal and shall be located on an accessible route of travel to the entrance of the facility. If there are curbs between the access aisle and the vehicle pull-up space, then a curb ramp shall be provided. Valet parking facilities shall provide a passenger loading zone, as described herein.

C. Low Emitting Fuel Efficient Carpool/Vanpool Vehicle Parking. Eight percent of required parking shall be designated for any combination of low-emitting, fuel efficient and carpool/vanpool vehicles for all new nonresidential development.

D. Parking requirements for religious institution affiliated housing development projects (RIAHD).

1. Notwithstanding any provisions of this Title or any adopted specific plan to the contrary, the parking requirements for a religious institution affiliated housing development project are subject to the provisions of Government Code section 65913.6, as amended.

2. Religious institution affiliated housing development project” (RIAHD) is defined as a housing development project that meets all of the following requirements:
a. The housing development project is located on one or more contiguous parcels that are each owned, entirely, whether directly or through a wholly owned company or corporation, by a religious institution.
b. The housing development project qualifies as being near collocated religious-use parking by being on or adjacent to a parcel with religious-use parking or by being located within one-tenth of a mile of a parcel that contains religious-use parking. c. Qualifies for a density bonus under Government Code section 65915.

3. Allows up to 50 percent elimination of total religious-use parking spaces available for a A.3.a
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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit H
Ordinance No. 2023-994
Date Adopted: January 3, 2023
Religious Institution Affiliated Housing Development project.

4. No replacement requirement of religious-use parking spaces for a Religious Institution Affiliated Housing Development project proposes to eliminate, provided the reduction does not exceed 50 percent.

5. Allows the remaining religious-use parking spaces to count toward number of parking spaces required for the Religious Institution Affiliated Housing Development project.

6. Prohibits the reduction in parking spaces from reducing the minimum parking standards below one space per unit unless the Religious Institution Affiliated Housing Development project is within one-half mile of a high-quality transit corridor or a major transit stop, or a car share vehicle within one block of parcel.
a. High-quality transit corridor means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. b. Major transit stop includes existing rail or bus rapid transit station, ferry terminal served by either bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
c. Car sharing means a model of vehicle rental where users can rent vehicles for short periods of time and users are members that have been preapproved to drive.

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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit I
Ordinance No. 2023-994
Date Adopted: January 3, 2023

9.14.065 Finance and conveyance maps.

A. Purpose and Intent.

1. The purpose of this chapter is to set forth the process for financing and/or conveyance for sites, which already have an approved tentative parcel and/or tract map. It is not the intent of the finance and/or conveyance map to create any legal building site(s) as a future map, or parcel map, shall be processed in order for any development to occur.

1. This criteria shall govern the filing and processing of tentative maps for finance and/or conveyance purposes. Applications for finance and/or conveyance maps (collectively referred to as “financing maps”) may only be accepted under one of the following criteria:
a. The site to be subdivided by the map is already developed, and the proposed map will not create legal building sites upon which new development may occur; or
b. A future map for development purposes must be processed and recorded in order for any development on the site to occur, and this fact is clearly stated on the face of the map; or
c. An approved conditional use permit, master plan, or master Plot Plan is approved for the site, has not expired, and all conditions of approval, expected exactions, and mitigation measures associated with the underlying approval(s) shall be implemented as previously prescribed, or as properly modified, for any development on the property to occur.

B. Definition.

1. As follows is the City’s definition of a “finance and conveyance map”: it’s a map used to parcelize undivided undeveloped land, existing parcel maps, and/or existing tract maps for non-buildable reasons.

C. Filing Instructions. Finance and/or conveyance maps are filed with the Community Development Department, 14177 Frederick Street, Moreno Valley, California, 92552.

Application forms are available at the community development department or may be obtained on-line at www.moval.org, or by contacting the planning division at (951) 413- 3206.

D. Submittal Requirements. The form, content and supplementary information that must accompany a finance and conveyance map shall conform to the submittal requirements for tentative maps set forth in Section 9.14.040 of this code except as hereafter provided.

1. Notwithstanding the requirements set forth in Section 9.14.040, the director of community development or designee may waive the following requirements in writing if requested in advance by the applicant:
a. Internal streets and access ways within the boundary of the map (with concurrence of the city engineer);
b. Dimensions and location of sidewalks and common areas; c. Soils and geology report;
d. Regional housing needs statement; and/or
e. Other submittal requirements set forth in Chapter 9.14, Land Divisions, or the Subdivision Map Act, provided, the city engineer determines in advance, that the proposed map continues to comply with the spirit and intent of the Subdivision Map Act, the Subdivision Ordinance, and these subdivision regulations.

2. The following statement must be clearly printed on the face of the proposed financing map: “FOR FINANCE AND CONVEYANCE PURPOSES ONLY.” A.3.a
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Ordinance No. 2023-994
Date Adopted: January 3, 2023

3. If a future map is required for any development, the face of the map must include the following additional statement: “THIS MAP DOES NOT CREATE A LEGAL BUILDING SITE. FURTHER APPLICATIONS ARE NECESSARY TO DEVELOP THIS PROPERTY.”

4. If a previously approved tentative map, vesting tentative map, or conditional use permit is in place on the property, the face of the map must include the following additional statement in addition to the statement required in subsection (C)(2):
“THIS MAP DOES NOT REMOVE ANY DEVELOPMENT REQUIREMENTS SET FORTH WITH APPROVAL OF {insert case number(s)}, WHICH MUST BE SATISFIED WITH CONTINUED DEVELOPMENT OF THE PROPERTY.”
E. Review Procedure. Except as otherwise noted herein, finance maps shall be processed in the same manner and shall be subject to the same requirements as specified for tentative maps in Section 9.14.050 of the municipal code. The community development department will distribute copies of the financing map to the appropriate reviewing bodies to determine whether the map conforms to the requirements of this chapter, and the Subdivision Map Act. These reviewing bodies are set forth in Section 9.14.050(C) of this chapter.

F. Approval Process.

1. Criteria. The advisory agency reviewing authority shall base its decision to approve, conditionally approve, or disapprove the proposed financing map on the information required under this chapter, and any additional information reasonably necessary to determine that the property covered by the map can be feasibly developed under the existing zoning and general plan designations for the site. At a minimum, the advisory agency/reviewing authority must ensure the following:
a. The parcel (or parcels) of land covered by the map meet the minimum size requirements to ensure that future development can meet all applicable site development standards imposed by Title 9 of the municipal code. b. The parcel (or parcels) of land have access from a public road, or access is both feasible and required by a condition of approval for the proposed map.
c. The parcel lines do not conflict with any public easements. d. There are not physical constraints or other issues which may affect the feasibility of future development on the site (e.g., vehicular access, utility service extensions). If necessary in order to adequately evaluate the map, additional technical studies (e.g., access study) should be required prior to finding the application complete.
e. The map provides sufficient information on future uses and feasibility of future uses to ensure consistency with the general plan and zoning designations for the site.
f. The site is suitable for the future permitted or proposed uses. g. The map provides sufficient information on the subdivision design and future improvements to evaluate its potential impact on the environment in compliance with the California Environmental Quality Act. h. There is sufficient information on the subdivision design and future improvements to enable the city to determine whether the map complies with applicable water quality standards, particularly with respect to future discharge of waste into the sewer system.

2. Findings. A tentative map for finance and conveyance purposes shall be approved or conditionally approved only if the advisory agency can make the following findings:

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Ordinance No. 2023-994
Date Adopted: January 3, 2023
a. That the proposed map is consistent with applicable general and specific plans and the zoning ordinance.
b. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans.
c. That the site is physically suitable for the type of development. d. That the site is physically suitable for the proposed density of development. e. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
f. That the design of the subdivision or type of improvements is not likely to cause serious public health problems.
g. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
h. That the requirements of the California Environmental Quality Act have been satisfied.

G. Mandatory Conditions of Approval. In addition to the standard subdivision conditions of approval applied to all maps for development purposes, the following shall apply to all financing maps:

1. Any submittal requirements which were waived in connection with the financing map in accordance with subsection (C)(1) shall be submitted concurrently with the first discretionary application for development of the property covered by the map (i.e., with an application for a future map, a conditional use permit, or master plan), or shall be submitted as prescribed by conditions of approval already in place with underlying entitlement approvals that govern continued or subsequent development of the property as described on the face of the map per subsection (C)(4).

2. This map is approved for finance and land conveyance purposes only. No applications for building or grading permits shall be accepted for the parcel or parcels created by this map until a (future map/conditional use permit/master plan) for development has been approved by the city, or as prescribed by conditions of approval already in place with underlying entitlement approval that govern continued or subsequent development of the property as described on the face of the map per subsection (C)(4).

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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit J
Ordinance No. 2023-994
Date Adopted: January 3, 2023

9.14.090 Final land division maps.

A. General. After the approval or conditional approval of the tentative map and prior to the expiration of such map, the subdivider may cause the real property included within the map, or any part thereof, to be surveyed and a final map thereof prepared in accordance with the current city standards and the approved or conditionally approved tentative map.

B. Subdivision Boundary Plat Requirements.

1. Surveys made in preparation of final land division maps shall be in accordance with standard practices and principles of surveying and all applicable provisions of the Subdivision Map Act.

2. Before the final map of a subdivision will be accepted by the city engineer for checking, the land divider shall submit and obtain approval by the city engineer of a map showing:
a. A boundary survey of the land division, including all courses and distances necessary to compute a closure;
b. Sufficient data to prove the method by which the boundary was determined, including a description of all corners found or set, adjoining maps or property lines of record.

3. The city engineer may waive the boundary plat if sufficient survey information is of record.

4. Whenever the city engineer has established the centerline of a street, that data shall be considered in making the surveys and in preparing the final map, and all monuments found shall be indicated and proper reference made to field books or maps of public record, relating to the monuments. If the points were reset by ties, that fact shall be stated. The final map shall show city and county boundaries adjoining the division of land.

C. Preliminary Filing of Final Subdivision Map.

1. When a boundary survey map is approved or waived by the city engineer, the subdivider may then file his final map for preliminary checking in the office of the city engineer. The quantity of the number of positive prints shall be determined by the city engineer.

2. The final map shall be accompanied by the following:
a. Map checking fee, as set by the city council;
b. Any additional data, as determined by the city engineer.

3. Proposed improvement plans shall be submitted and accompanied with the plan checking fee, as set by the city council.

4. Prior to the recordation of the final map, the following items shall be provided and approved:
a. A copy of the approved conditions, covenants and restrictions (CC&Rs) that are to be recorded with the final map;
b. Evidence of title in the form of a current preliminary title report issued by a California title company, showing the names of persons having any record title interest in the land to be divided, together with the nature of their respective interests therein. In the event that any dedication is to be made for public use of any property shown on a final land division map, a subdivision guarantee shall be issued by a California title company. The consent of the owner or owners of any contingent reversionary interest in the lands to be subdivided is not necessary and need not be named in the guarantee of title;
c. All requests for waivers of signatures as provided in the Subdivision Map Act;
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Ordinance No. 2023-994
Date Adopted: January 3, 2023
d. Utility Plans.
i. An original and three positive prints of each map showing the proposed water distribution and sewage collection systems, signed by a registered civil engineer and the water and sewer purveyors.

Each system shall comply with all applicable state and county and city regulations. The city fire prevention officer shall also sign the water plans when conditions include fire protection, and ii. Letters from other utility purveyors that will serve the land division certifying that satisfactory provisions have been made with each of the public utility purveyors as to location of their facilities and construction thereof.

D. Preliminary Filing of Final Parcel Map. After a tentative parcel map is approved, the land divider may cause a final parcel map to be prepared and submitted to the city engineer.

The land divider shall submit the following:

1. A number of positive prints of the final parcel map, as determined by the city engineer with plan checking fee, as set by the city council;

2. All required improvement plans with plan checking fee, as set by the city council; and

3. Evidence of title in the form of a current preliminary title report issued by a California title company, showing the names of persons having any record title interest in the land to be divided, together with the nature of their respective interests herein. In the event that any dedication is to be made for public use of any property shown on a final parcel map, a subdivision guarantee shall be issued by a California title company.

E. Data Required—Final Land Division Maps.

1. Final subdivision and parcel maps shall conform to all of the following provisions:
a. Each map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or good quality polyester base film, including certificates, except that such certificates may be legibly stamped or printed upon the map with opaque material when recommended by the city engineer and authorized by the county recorder.

If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch;
b. Each map, including each sheet of a multisheet map shall bear the number as assigned by the Riverside County road department or other proper official which shall be followed by a subtitle consisting of a general description of all the property being divided by reference to record maps, and to section surveys or ranchos. Reference shall be spelled out and worded identically with original records, with complete reference to proper book and page of record;
c. All sheets shall be numbered, the relation of one sheet to another clearly shown, and the number of sheets used shall be set forth on each sheet. An adequate number of sheets shall be submitted to clearly present all pertinent data;
d. A location map shall be placed on the final map which indicates the location of the proposed land division and its relationship to existing streets and highways;
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Ordinance No. 2023-994
Date Adopted: January 3, 2023
e. The certificates and acknowledgements, required by the Subdivision Map Act and this title, shall appear on the first sheet only. “Certificates” shall include the following:
i. Owner’s certificate,
ii. Trustee’s certificate,
iii. Recorder’s certificate,
iv. Surveyor’s/engineer’s certificate,
v. City engineer’s certificate,
vi. City clerk’s certificate,
vii. Tax collector’s certificate,
viii. Tax bond certificate (as appropriate).

The first sheet shall also include: (1) signature omissions (relating to oil, gas or mineral rights) and (2) notice of election by land divider to defer payment of drainage fees. If needed, the second map sheet may be used for notary acknowledgements. In no case shall the certificates noted above be placed on the second sheet of a multisheet map;
f. The recorder’s certificate shall be placed in the upper right-hand corner of the map or in the upper right-hand corner of the first sheet only of multisheet maps;
g. The surveyor’s or engineer’s certificate shall state that the survey was made by him or under his direction, that the survey is true and complete as shown, that all monuments are of the character and occupy the positions indicated and are sufficient to enable the survey to be retracted, that the map conforms to the approved tentative map and conditions of approval thereof, and that all provisions of the applicable state and local ordinances have been complied with;
h. The number, scale, north point and sheet number shall be shown on each sheet of the map. The map shall be drawn at a suitable engineer’s scale to identify and describe all essential details clearly. If more than two map sheets are used, an index showing the division of land, with lots numbered as shown on the map, shall be shown. A complete boundary survey shall be shown on one sheet of every phase of a unitized subdivision. Such boundary shall also reflect the original boundary as shown on the tentative map of the subdivision;
i. A land division name shall not be shown on the map;
j. The exterior boundary of the land shown on a land division map shall be indicated by a distinctive delineation and clearly designated; k. A statement labeled surveyor’s notes or engineer’s notes shall be shown on the first map sheet after the signature sheet of a multisheet map. The statement shall include the basis of bearings; the monuments that were found; the monuments and points that were set, with reference to city standards; and a key to the symbols and abbreviations and such other information required by the city engineer;
l. Lots shall be numbered consecutively, commencing with the number “1,” with no omissions or duplications. Each lot shall be shown in its entirety on one sheet. Lots used for streets, alleys or barrier strips shall be lettered.

Easements shall be clearly identified; and
m. Where a part-width street is shown on a map, the centerline of the improvements shall be monumented and shown correctly, as related to the full future width of the street.

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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit J
Ordinance No. 2023-994
Date Adopted: January 3, 2023

2. The following data shall be shown on each final subdivision and parcel map:
a. Dates of survey and the name and registration number of the person authorized to practice land surveying by the state of California and who is responsible for the preparation of the map;
b. Locations and names (without abbreviations) of all adjoining, existing and proposed streets and the location of alleys. Proposed public area and easements shall also be identified;
c. Gross area of land division, and the net acreage, computed to the nearest .01 acres, on all lots containing one acre or more. Lot lines shall be shown by solid lines;
d. Centerlines of all streets and lengths, tangent, radius and central angle or radial bearings on all points on curves and the bearings of radial lines to each lot corner on a curve; the width of each street, the width of the portion being dedicated and the width of existing dedications; and the widths of right-of-way of railroads, flood control or drainage channels and other easements appearing on the map;
e. Sufficient data to determine readily the bearing and length of each line.

Recorded survey data as required by the city engineer;
f. Sufficient primary survey control points;
g. Ties to and recording references to adjacent record maps and to section corners, quarter section corners and also to section lines and quarter section lines when adjacent or within the map;
h. Centerline data and width of all easements to which the division of land is subject. If the easements are not definitely located by record, a statement as to the easement shall appear on the title sheet of the land division.

Distances and bearings on the side lines of lots which are cut by an easement shall be so shown as to indicate clearly the actual location.

Alignment data alongside lot lines of easements shall be provided when not controlled by paralleling lines or centerline. The easement shall be clearly labeled and identified and, if already on record, proper reference to the records given. Easements dedicated in land divisions shall be included in the owner’s certificate of dedication. Easements shall be shown on the map by broken lines;
i. Clear indication of stakes, monuments or other evidence found on the ground to determine the boundaries of the tract, data to determine physical description, size, ground position, tag number and record reference of survey markers; untagged monuments accepted as control shall be tagged or replaced by the surveyor or engineer making the survey; j. No setback lines shall appear on the final map;
k. New street names shown on a land division map must be approved by the city engineer;
l. When an environmental constraint sheet is required, a note shall be placed below the surveyor’s notes on the final map in one-fourth inch high bold block letters, stating:

ENVIRONMENTAL CONSTRAINT NOTE: Environmental constraint sheet affecting this map is on file in the Office of the City Engineer. This affects Lot Nos. __________ or Parcel No._____.
and
m. The basis of bearings must be between two found monuments of one record map survey plat or right-of-way map on file and approved by the county surveyor or the city engineer. Replacement monuments may be A.3.a
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Ordinance No. 2023-994
Date Adopted: January 3, 2023
used if the position of the original monuments have been preserved by cross-ties or swing ties acceptable to the city engineer. The bearing and distance of the reference line shall be shown on the map and if the distance is also of record it shall be so stated. If a basis of bearing is not available from a record map then a basis will be, as determined by the city engineer.

F. Parcel Maps Compiled from Recorded Data. A parcel map of four or less parcels may be compiled from recorded or filed data, if such data is acceptable to the city engineer.

G. Filing of Final Land Division Maps.

1. After the preliminary final land division map is determined to be correct, the city engineer shall notify the land divider to prepare and submit the original and duplicate original of the final map together with all required agreements for improvements and securities and all other required documents as may be necessary for consideration of the final map. If the final land division map or documents are not determined complete by the city engineer, they shall be returned to the land divider for corrections.

2. The original and duplicate original map shall be inscribed on polyester base film, including the required signatures, and shall meet the requirement of the city engineer.

H. Action by the City Engineer.

1. When a Schedule “A,” “B,” “C,” or “D” final tract map and all agreements, securities and other required documents have been submitted and found to be in correct form, the city engineer shall, within twenty (20) days thereafter, file the final map and documents with the city clerk and certify that:
a. He has examined the map;
b. The land division as shown is substantially the same as it appeared on the tentative map and any approved alterations thereof;
c. All provisions of the Subdivision Map Act and all city ordinances applicable at the time of approval of the tentative map have been complied with; d. He is satisfied that the map is technically correct; and e. In the certificate, the city engineer shall state the date of approval of the tentative map and the date of expiration.

2. When a Schedule "E”, "F", "G", "H", or "I" final parcel map and all agreements, securities and other required documents have been submitted and found to be in correct form, the City Engineer shall, within 20 days thereafter, approve the map if it conforms to all the requirements of the Subdivision Map Act and this ordinance applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder, or, if it does not so conform, disapprove the map; provided, however, that the final map shall not be disapproved due to technical or inadvertent errors which in the opinion of the City Engineer do not materially affect the validity of the map. When the map is approved, the City Engineer may accept or reject dedications and offers of dedication that are made by certificate on such map, and may sign the certificate for the City. The City Engineer shall file the approved map and documents with the City Clerk.

I. Action by the City Council. The city council, upon filing of a Schedule “A,” “B,” “C,” or “D” map, shall at the meeting at which it receives the map or at its next regular meeting after the meeting at which it receives the map, approve the map if it conforms to all the requirements of the Subdivision Map Act and this title applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder, or if it does not so conform, disapprove the map; provided, however, that the final map shall not be disapproved due to technical or inadvertent errors which in the opinion of the city engineer do not materially affect the validity of the map.

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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit J
Ordinance No. 2023-994
Date Adopted: January 3, 2023
J. Surveys and Monuments.

1. At the time of making the survey for a final land division map, the engineer or surveyor shall set sufficient durable monuments to conform to the standards described in Section 8771 of the Business and Professions Code and also comply with city standards.

2. All monuments for final land division maps containing five or more lots, and all Schedule “E” maps regardless of the amount of lots shown on the map, shall be set prior to the recordation of the map unless the land divider executes a secured agreement guaranteeing the setting of the monuments.

3. All monuments for final land division maps containing four or less lots, except Schedule “E” maps, shall be set prior to the recordation of the map.

K. Delivery of Final Map to the Recorder.

1. Upon approval by the city council, the city clerk shall certify that all required certificates, security and deposits have been filed and shall transmit the final map to the recorder.

2. The land developer shall present to the recorder evidence that, at the time of the filing of a final map, the parties consenting to the filing are all of the parties having a record title interest in the real property being divided whose signatures are required, as shown by the records in the office of the recorder; otherwise, the map shall not be filed.

3. The recorder shall have not more than ten (10) days within which to examine the final land division map and either accept or reject it for filing.

4. If the recorder accepts the map for filing, such acceptance shall be certified on the face thereof.

5. The recorder, upon filing the final subdivision map or parcel map, shall attach the recording data to the polyester type film duplicate original and thereupon deliver the same to the city engineer who shall retain custody thereof.

L. Waived Maps.

1. The waiver of a final map shall only be approved by the city engineer based on the required findings pursuant to Section 66428(b) of the Subdivision Map Act. To allow a waiver, the city engineer shall first determine that the proposed division of land complies with city requirements with respect to area, improvements and design, floodwaters and drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act or city ordinances.

2. The requirement for a tentative parcel map may be waived by the community development director if it is determined by the city engineer that the land division meets the requirements herein for approval of a waiver of the final parcel map and a request for waiver of the tentative parcel map accompanies the request for waiver of the final parcel map.

3. When a final parcel map has been waived, the city engineer shall distribute copies of the certificate of compliance and waiver of the parcel map to the community development department and file a certificate of compliance with the recorder’s office upon payment of the fee set per the city council.

M. Certificate of Correction of Final Maps. After a final map or parcel map is filed in the office of the county recorder, the recorded final map may be modified by a certificate of correction.

1. Application. The land divider may apply for a certificate of correction upon finding that one or more of the following conditions apply:
a. To correct an error in any course or distance shown thereon; b. To show any course or distance that was omitted therefrom; A.3.a
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Ordinance No. 2023-994
Date Adopted: January 3, 2023
c. To correct an error in the description of the real property shown on the map; d. To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments;
e. To show the proper location or character of any monument which has been changed in location or character and originally was shown at the wrong location or incorrectly as to its character; or
f. To correct any other type of map error or omission as approved by the city engineer which does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent record maps. As used in this section, “error” does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map.

2. The application for a certificate of correction shall be made to the city engineer upon payment of fees set by the city council and on the forms provided by the city engineer and shall include such information, as required by the city engineer in addition to the following:
a. The certificate of correction shall be prepared and signed by a registered civil engineer or licensed land surveyor and shall show in detail the corrections made and show the names of the present fee owners of the property affected by the correction or omission.

3. Recordation of Certificate of Correction. Once the certificate of correction has been certified by the city engineer, the certificate of correction shall be filed in the office of the county recorder in which the original map was filed. Upon such filing, the county recorder shall index the names of the fee owners and the appropriate tract designation shown on the amended map or certificate of correction in the general index and map index respectively. Thereupon, the original map shall be deemed to give notice of all such corrections in the same manner as though set forth upon the original map.

N. Amendment of Final Maps.

1. In addition to the amendments authorized by subsection M of this section, after a final map or parcel map is filed in the office of the county recorder, the recorded final map may be modified by an amendment of final map.

2. Application. The land divider may apply for an amendment of final map on the forms provided by the city engineer upon payment of fees as set by the city council and shall include such information, as required by the city engineer.

3. No amendment of final map shall be approved unless it complies with the following standards:
a. There are changes in circumstances which make any or all of the conditions of such a map no longer appropriate or necessary; b. The modifications do not impose any additional burden on the present fee owner of the property;
c. The modifications do not alter any right, title, or interest in the real property reflected on the recorded map; and
d. The city engineer finds that the map, as modified, conforms to the provisions of Section 9.14.080 of this chapter.

4. Notice of Hearing. The city engineer shall set the matter for public hearing in accordance with Section 9.02.200 of this title. The hearing shall be confined to consideration of and action on the proposed modification.

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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Exhibit J
Ordinance No. 2023-994
Date Adopted: January 3, 2023

5. Recordation of Amendment of Final Map. When the changes to a final map are in conformance with the standards, the city engineer shall certify to this fact on the amended map.

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Attachment: Ordinance No. 994 - Title 9 [Revision 2] (6064 : Winter 22 Omnibus Second Reading) Ordinance No. 2023-995
Date Adopted: January 3, 2023
ORDINANCE NO. 995

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, DELETING SECTION 3.32.050 (STATUTORY PUBLIC MEETING) FROM CHAPTER 3.32 (FEE AND SERVICE
CHARGE REVENUE/COST COMPARISON SYSTEM) OF TITLE 3
(REVENUE AND FINANCE), AND AMENDING SECTION 8.12.170
(STANDARDS OF CONSTRUCTION ) WITHIN CHAPTER 8.12 (FLOOD

DAMAGE PREVENTION AND IMPLEMENTATION OF NATIONAL
FLOOD INSURANCE PROGRAM (NFIP)) OF TITLE 8 (BUILDINGS AND

CONSTRUCTION) 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 aut hority 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, staff has recommended that the City Council delete Section 3.32.050 in its entirety; and
WHEREAS, staff has recommended that the City Council adopt amendments to Title 8, which include revising certain provisions of Chapter 8.12 Flood Damage Prevention and Implementation of National Flood Insurance Program (N FIP) referred to herein as “PEN22-0232”; and
WHEREAS, staff has determined that PEN22-0232 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 PEN22-0232 will not adversely affect the public health, safety or general welfare; and
WHEREAS, staff has also determined that PEN22-0232 is consistent with the purposes and intent of Titles 3 and 8; and
WHEREAS, staff has determined that PEN22-0232 Amendments are exempt from the California Environmental Quality Act in accordance with Section 15061(b)(3) of the CEQA Guidelines in that the amendments involve general policy and procedure making, and it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment.

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

Section 1. RECITALS
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Date Adopted: January 3, 2023
That the above recitals are true and correct and are incorporated herein as though set forth at length herein.

Section 3. AMENDMENT TO SECTION 3.32.050 (STATUTORY PUBLIC

MEETING)
That Section 3.32.050 (Statutory Public Meeting) is hereby deleted in its entirety, as set forth in Exhibit A.

Section 4. AMENDMENT TO 8.12.170 STANDARDS OF CONSTRUCTION Section 8.12.170 Standards of Construction of Chapter 8.12 (Flood Damage Prevention and Implementation of National Flood Insurance Program (N FIP)) of Title 8 (Buildings and Construction) is hereby amended as set forth in Exhibit B.

Section 5. CEQA COMPLIANCE
That PEN22-0232 Amendments are exempt from the California Environmental Quality Act in accordance with Section 15061(b)(3) of the CEQA Guidelines in that the amendments involve general policy and procedure making, and it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment.

Section 6. FINDINGS
The ordinance is consistent with the City’s 2040 General Plan.

Section 7. 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 8. 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.

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Attachment: Ordinance No. 995 - Titles 3 and 8 [Revision 1] (6064 : Winter 22 Omnibus Second Reading) Ordinance No. 2023-995
Date Adopted: January 3, 2023
Section 8. EFFECTIVE DATE
That this Ordinance shall take effect thirty (30) days after its second reading.

Section 9. 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]
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Attachment: Ordinance No. 995 - Titles 3 and 8 [Revision 1] (6064 : Winter 22 Omnibus Second Reading) Ordinance No. 2023-995
Date Adopted: January 3, 2023
INTRODUCED at a regular meeting of the City Council on December 20, 2022, and PASSED, APPROVED, and ADOPTED by the Ci ty Council on January 3, 2023, by the following vote:

________________________________
Ulises Cabrera, Mayor
City of Moreno Valley

ATTEST:

___________________________________
Jan Halstead, City Clerk

APPROVED AS TO FORM:

___________________________________
Steven B. Quintanilla, Interim City Attorney
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Attachment: Ordinance No. 995 - Titles 3 and 8 [Revision 1] (6064 : Winter 22 Omnibus Second Reading) Ordinance No. 2023-995
Date Adopted: January 3, 2023

ORDINANCE JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES:

NOES:

ABSENT:

ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)

CITY CLERK
(SEAL)
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Attachment: Ordinance No. 995 - Titles 3 and 8 [Revision 1] (6064 : Winter 22 Omnibus Second Reading) Exhibit A

3.32.050 Statutory public meeting.

Pursuant to California Government Code Sections 66016 and 66018, the city clerk shall cause notice to be provided as set forth in Government Code Section 6062a, and the city council periodically, at least annually, shall receive at a regularly scheduled meeting oral and written presentations concerning fees and charges proposed to be increased or added. Such notice, oral and written presentation, and public meeting shall be completed before the city council approves any new or increased fee or charge. At least one such public hearing shall be held annually in accordance with California Government Code Section 66018 in conjunction with the city annual budget process and hearing. (Ord. 372 § 1.2, 1992) A.3.b
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Attachment: Ordinance No. 995 - Titles 3 and 8 [Revision 1] (6064 : Winter 22 Omnibus Second Reading) Exhibit B

8.12.170 Standards of construction.

In all areas of special flood hazards the following standards are required:

A. Anchoring. All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

B. Construction Materials and Methods. All new construction and substantial improvement shall be constructed:

1. With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation;

2. Using methods and practices that minimize flood damage;

3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located pursuant to the adopted Calif ornia Building Standards Code so as to prevent water from entering or accumulating within the components during conditions of flooding; and

4. Within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

C. Elevation and Floodproofing.

1. Residential Construction. All new construction or substantial improvements of residential structures, shall have the lowest floor, including basement, and all non -flood-resistant building material and all of the structure ’s support equipment such as, but not limited to, electrical, heating, ventilation ductworks, plumbing, and air conditioning equipment and other service facilities that could be damaged if submerged under water:
a. In AE, AH, A1-30 zones, elevated at least one foot above the base flood elevation; b. In an AO zone, elevated at least one foot above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified; c. In A zone, without BFEs specified on the FIRM (unnumbered A zone), elevated at least one foot above the base flood elevation; as determined in Section 8.12.140(C).

Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by a city official to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.

2. Nonresidential Construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with Section 8.12.170(C)(1) or:
a. Be floodproofed, together with attended utility and sanitary facilit ies, below the elevation recommended under Section 8.12.170(C)(1), so that the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. Be certified by a registered civil engineer or architect that the standards of Sections

8.12.170(C)(2)(a) and (b) are satisfied. Such certification shall be provided to the floodplain administrator.

3. Flood Openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must exceed the following minimum criteria:
a. For nonengineered openings:

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i. Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
ii. The bottom of all openings shall be no higher than one foot above grade; iii. Openings may be equipped wi th screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; and iv. Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or v. Be certified by a registered civil engineer or architect. vi. Manufactured homes. See Section 8.12.200.
vii. Garages and low cost accessory structures.

4. Attached Garages.
a. A garage attached to a residential structure, constructed wi th the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See Section 8.12.170(C)(3). Areas of the garage below the BFE must be constructed with flood resistant materials. See Section 8.12.170(B).
b. A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.

5. Detached Garages and Accessory Structures.
a. “Accessory structures” used solely for parking (two-car detached garages or smaller) or limited storage (small, low -cost sheds), as defined in Section 8.12.050, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:
i. Use of the accessory structure must be limited to parking or limited storage; ii. The portions of the accessory structure located below the BFE must be built using flood-resistant materials;
iii. The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;
iv. Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE;
v. The accessory structure must comply with floodplain encroachment provisions in Section 8.12.220; and
vi. The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with Section 8.12.170(C)(3).
b. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 8.12.170.

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Attachment: Ordinance No. 995 - Titles 3 and 8 [Revision 1] (6064 : Winter 22 Omnibus Second Reading)

Report to City Council

ID#6063 Page 1
TO: Mayor and City Council

FROM: Manuel A. Mancha, Community Development Director

AGENDA DATE: January 3, 2023

TITLE: SECOND READING AND CONSIDERATION OF
ADOPTION OF ORDINANCE 993 TO AMEND THE
ZONING CLASSIFICATION OF THE 8.77 -ACRE PROJECT
SITE FROM R ESIDENTIAL 5 (R5) DISTRICT TO
RESIDENTIAL SINGLE-FAMILY 10 (RS10) DISTRICT FOR

THE PROPERTY LOCATED ON THE NORTHEAST

CORNER OF OLIVER STREET AND BRODIAEA AVENUE
ASSESSOR PARCEL NUMBER 486-240-010

RECOMMENDED ACTION
Recommendation: That the City Council:

Conduct the second reading by title only and adopt Ordinance No. 993.

SUMMARY
This report recommends the adoption of Ordinance No. 993, introduced at the December 20, 2022, City Council meeting approving a Change of Zone (PEN21 -0204) to amend the zonin g classification of the 8.77 -acre Project Site from Residential 5 (R5) District to Residential Single -Family 10 (RS10) District . The Project Site is located on the northeast corner of Oliver Street and Brodiaea Avenue, Assessor Parcel Number 486-240-010 (“Project Site”).

DISCUSSION
Based on review and consideration of the application for a Change of Zone submitted by the applicant D.R. Horton Los Angeles Holding Company, Inc., in conjunction with a General Plan Amendment, a Tentative Tract Map, and a Condit ional Use Permit, the City Council introduced the ordinance to amend the Zoning Atlas at the December 20, 2022, meeting. The ordinance will change the zoning classification of the 8.77 -acre Project Site from Residential 5 (R5) District to Residential Singl e-Family 10 (RS10) A.4
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District. The Project Site is located on the northeast corner of Oliver Street and Brodiaea Avenue, Assessor Parcel Number 486-240-010.

ALTERNATIVES
The City Council may consider the following alternatives:

1. Conduct the second reading by title only and adopt Ordinance No. 993. Staff recommends this alternative.

2. Provide revisions to the draft Ordinance and have staff return with the revised draft for another adoption process.

3. Provide alternate direction to staff.

FISCAL IMPACT
There are no fiscal impacts from the recommended action.

NOTIFICATION
The agenda was posted in accordance with the Brown Act.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Kirt Coury Manuel A. Mancha
Contract Planner Community Development Director
Concurred By:

Sean P. Kelleher
Planning Official

CITY COUNCIL GOALS
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

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ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Ordinance No. 993 - Change of Zone

APPROVALS

Budget Officer Approval ✓ Approved . 12/22/22 3:56 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 12/22/22 4:01 PM A.4
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Ordinance No. 2023-993
Date Adopted: January 3, 2023
ORDINANCE NO. 993

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, APPROVING CHANGE OF ZONE (PEN21-0204) TO AMEND THE CITY ZONING ATLAS FROM RESIDENT IAL 5 (R5) DISTRICT TO RESIDENTIAL SINGLE -FAMILY 10 (RS10) DISTRICT,

FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF
OLIVER STREET AND BRODIAEA AVENUE (APN 486-240-010)
The City Council of the City of Moreno Valley does ordain as follows:

SECTION 1 GENERAL:

1.1 D.R. Horton Los Angeles Holding Company, Inc., (“Applicant”) has filed an application for the approval of the Discovery Residential project, which includes the approval of a Change of Zone (PEN21-0204) (“Application”) a request to amend the City’s Zoning Atlas from Residential 5 (R5) District to Residential Single -Family 10 (RS10) District for the property located at the northeast corner of Oliver Street and Brodiaea Avenue (APN 486-240-010) (“Project Site”); and

1.2 At its November 17, 2022, meeting, the Planning Commission considered the Change of Zone for the Discovery Residential project and recommended approval to the City Council; and

1.3 Pursuant to the provisions of the law, a public hearing was held before the City Council on December 20, 2022, for deliberations and decision; and

1.4 The matter was fully discussed, and the public and other agencies were given opportunity to present testimony and documentation; and

1.5 An Initial Study has been prepared for the Project for the purpose of compliance with the California Environmental Quality Act (CEQA). Based on the Initial Study including all supporting technical evidence, it was determined that the project impacts are expected to be less than significant with mitigation, and approval of a Mitigated Negative Declaration is an appropriate environmental determination for the Project.

SECTION 2 EVIDENCE:

That the City Council has considered all of the evidence submitted into the administrative record for Change of Zone (PEN21-0204), including, but not limited to, the following:
(a) Moreno Valley General Plan and all relevant provisions contained therein; (b) Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code and all relevant provisions therein;
(c) The change the zoning designation of the site from Residential 5 (R5) A.4.a
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Attachment: Ordinance No. 993 - Change of Zone [Revision 2] (6063 : Second Reading for DR Horton Discovery Project) Ordinance No. 2023-993
Date Adopted: January 3, 2023
District to Residential Single -Family 10 (RS10) District, and all other relevant provisions contained therein as shown on Exhibit A; (d) Application for the approval of Change of Zone (PEN2 1-0204) and all documents, records and references contained therein;
(e) Staff Report prepared for the City Council’s consideration and all documents, records and references related thereto, and Staff’s presentation at the public hearing;
(f) Testimony and/or comments from Applicant and its representatives during the public hearing; and
(g) Testimony comments and/or correspondence from all persons that were provided in written format or correspondence, at, or prior to, the public hearing.

SECTION 3 FINDINGS:

That based on the foregoing Recitals and the Evidence contained in the Administrative Record as set forth above, the City Council hereby finds as follows:
(a) The proposed amendment is consistent with the existing goals, objectives, policies and programs of the General Plan;
(b) The proposed amendment will not adversely affect the public health, safety or general welfare; and
(c) The proposed amendment is consistent with the purposes and intent of Title 9.

SECTION 4 AMENDMENT OF THE OFFICIAL ZONING ATLAS:

4.1 The City of Moreno Valley Official Zoning Atlas, as adopted by Ordinance No. 981, on August 3, 2021, of the City of Moreno Valley, and as amended thereafter from time to time by the City Council of the City of Moreno Valley, is further amended by placing in effect the zone or zone classification to page 100 of the Official Zoning Atlas as shown on the attached map marked “Exhibit A” and included herein by reference and on file in the office of the City Clerk.

SECTION 5 EFFECT OF ENACTMENT:

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

SECTION 6 NOTICE OF ADOPTION:

6.1 Within fifteen days after the date of adoption hereof, the City Clerk shall certify to the adoption of this ordinance and cause it to be posted in three public places within the city.

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Attachment: Ordinance No. 993 - Change of Zone [Revision 2] (6063 : Second Reading for DR Horton Discovery Project) Ordinance No. 2023-993
Date Adopted: January 3, 2023
SECTION 7 EFFECTIVE DATE:

7.1 This ordinance shall take effect thirty days after the date of its adoption.

APPROVED AND ADOPTED this 3rd day of January, 2023.

CITY OF MORENO VALLEY

CITY COUNCIL
___________________________________
Ulises Cabrera
Mayor of the City of Moreno Valley
ATTEST:
____________________________________
Jane Halstead, City Clerk

APPROVED AS TO FORM:
____________________________________
Steven B. Quintanilla, Interim City Attorney

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Attachment: Ordinance No. 993 - Change of Zone [Revision 2] (6063 : Second Reading for DR Horton Discovery Project) Ordinance No. 2023-993
Date Adopted: January 3, 2023

ORDINANCE JURAT

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF MORENO VALLEY )

I, Jane Halstead, 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 3 rd day of January, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Council Members, Mayor Pro Tem and Mayor)

___________________________________

CITY CLERK

(SEAL)
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Attachment: Ordinance No. 993 - Change of Zone [Revision 2] (6063 : Second Reading for DR Horton Discovery Project) Ordinance No. 2023-993
Date Adopted: January 3, 2023

EXHIBIT A

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Attachment: Ordinance No. 993 - Change of Zone [Revision 2] (6063 : Second Reading for DR Horton Discovery Project) PEN21-0199 - Change of Zone
Proposed Change from Residential 5 (R5) to Residential Single-Family 10 (RS10) City of Moreno Valley Zoning Atlas Page 100
RS 10
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Attachment: Ordinance No. 993 - Change of Zone [Revision 2] (6063 : Second Reading for

Report to City Council

ID#6054 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Acting Public Work Director/City Engineer

AGENDA DATE: January 3, 2023

TITLE: PEN19-0203 (TR 33607) – APPROVE TRACT MAP 33607

LOCATED ON PERRIS BOULEVARD, SOUTH OF

CACTUS AVENUE AND NORTH OF DELPHINIUM
AVENUE. DEVELOPER: AMERICAN PACIFIC
INVESTMENTS, INC.

RECOMMENDED ACTION
Recommendations: That the City Council:

1. Approve Tract Map 33607.

2. Authorize the City Clerk to sign the map and transmit said map to the County Recorder’s Office for recordation.

SUMMARY

This report recommends approval of Tract Map 33607, which is owned by American Pacific Investments, Inc. Tract Map 33607 will create one (1) residential parcel for condominiums and is located on Perris Boulevard, south of Cactus Avenue and nort h of Delphinium Avenue.

DISCUSSION

On January 9, 2007 , the City Council of the City of Moreno Valley approved Tentative Tract Map 33607 (PA06-0096). The project involves one (1) parcel for the development of a 52-unit condominium complex located on Perris Boulevard, south of Cactus Avenue and north of Delphinium Avenue. The Agreement for Public Improvements w ill be executed prior to map recordation. Tract Map 33607 is in substantial conformance with the approved Tentative Tract Map. The developer has requested that the map be approved for recordation. Due to the size of the map, it is not attached to this report.

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The map, h owever, is available for review at the Public Works/Land Development counter at City Hall.

ENVIRONMENTAL

On January 9, 2007, t he City Council of the City of Moreno Valley approved Tentative Tract Map 33607 (PA06-0096). In accordance with the California Environmental Quality Act (CEQA) Guidelines, the City Council determined that the Negative Declaration was the appropriate CEQA documentation for the project, and certified the Initial Study/Negative Declaration, as it was determined that the project would not result in significant impacts on the environment.

ALTERNATIVES

1. Approve and authorize the recommended actions as presented in this staff report. Staff recommends this alternative as it will allow the tract map to be recorded and allow the project to move forward with development of residential property and adjacent improvements.

2. Do not approve and do not authorize the recomme nded actions as presented in this staff report. Staff does not recommend this alternative as it will not allow the tract map to be recorded and not allow the project to move forward with development of residential property and adjacent improvements.

FISCAL IMPACT

No fiscal impact is anticipated.

NOTIFICATION

Publication of agenda.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Larry Gonzales Melissa Walker, P.E.

Senior Engineer, P.E. Acting Public Works Director/City Engineer

Concurred By:

Clement Jimenez, P.E.

Principal Engineer

CITY COUNCIL GOALS
Public Facilities and Capital Projects . Ensure that needed public facilities, roadway improvements, and other infrastructure improvements are constructed and maintained.

CITY COUNCIL STRATEGIC PRIORITIES
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1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

Objective 4.2: Develop and maintain a comprehensive Infrastructure Plan to invest in and deliver City infrastructure.

ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Vicinity Map PEN19-0203 (TR 33607)

APPROVALS

Budget Officer Approval ✓ Approved . 12/22/22 3:55 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 12/22/22 4:01 PM A.5
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CITY OF MORENO VALLEY

PUBLIC WORKS DEPARTMENT - LAND DEVELOPMENT

PEN19-0203 (TR 33607)
Final Map

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Attachment: Vicinity Map PEN19-0203 (TR 33607) (6054 : PEN19-0203 (TR 33607) – APPROVE TRACT MAP 33607)

Report to City Council

ID#6050 Page 1
TO: Mayor and City Council

FROM: Manuel A. Mancha, Community Development Director

AGENDA DATE: January 3, 2023

TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, EXTENDING THE

ESTABLISHED SERVICE AUTHORITY FEE COLLECTION

FOR THE ABANDONED VEHICLE ABATEMENT

PROGRAM

RECOMMENDED ACTION
Recommendation: That the City Council:

1. Adopt Resolution No. 2023 -xx, a Resolution of the City Council of the City of Moreno Valley, California, extending the established Service Authority fee collection for the Abandoned Vehicle Abatement program through May 31, 2034.

SUMMARY

This report recommends approval of Resolution No. 2023 -xx, extending the established Service Authority fee collection for the Abandoned Vehicle Abatement (AVA) pro gram through May 31, 2034.

Approval of the Resolution will continue to allow the City to remove and dispose of abandoned, wrecked, dismantled, or nonoperative vehicles, and be reimbursed through the Riverside County Abandoned Vehicle Abatement Service Authority for staff time and costs incurred by the City in the abatement of these vehicles.

DISCUSSION

In 1990, the California State Legislature enacted legislation allowing for the creation of county-based vehicle service authorities to address the prolif eration of nonoperative vehicles stored on public or private property, pursuant to the provisions of Vehicle Code Section 22710. Lawmakers also adopted provisions (CVC 9250.7) establishing an annual $1.00 fee imposed on vehicles registered in a county wher e a service authority A.6
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had been established. In June 1994, the Riverside County Abandoned Vehicle Abatement Service Authority was formed.

The current 24 entities which comprise the Service Authority are: the County of Riverside, and the Cities of Banning, Beaumont, Blythe, Calimesa, Canyon Lake, Cathedral City, Coachella, Corona, Desert Hot Springs, Hemet, Indio, La Quinta, Lake Elsinore, Menifee, Moreno Valley, Murrieta, Norco, Palm Desert, Palm Springs, Perris, Riverside, San Jacinto, and Temecula.

Vehicle registration fees are collected by the California Department of Motor Vehicles and distributed to the corresponding service authority by the State Controller's Office.

Fees are then allocated quarterly to participating local jurisdictions based on the s ize and population of each jurisdiction in relation to the total size and population of Riverside County, and on the percentage of vehicles abated by each jurisdiction in relation to the total vehicles abated by the Riverside County Abandoned Vehicle Service Authority as a whole.

The City of Moreno Valley has been an active participant in Riverside County’s Abandoned Vehicle Service Authority since its inception. During this time, the Riverside County Abandoned Vehicle Abatement Service Authority has disbu rsed over $22,900,000 to participating jurisdictions to offset costs in the abatement of over 146,500 abandoned, wrecked, dismantled or nonoperative vehicles.

From July 2017 to June 2022, the City received over $1.086m in disbursements from the Riverside County Abandoned Vehicle Abatement Service Authority for Community Enhancement Officers’ efforts in abating over 2,900 abandoned, wrecked, dismantled, or nonoperative vehicles within the City. This revenue has helped reduce the overall impact on the City’s general fund.

The current service authority program is scheduled to sunset on May 31, 2024. Senate Bill 106 (SB 106), chaptered on August 13, 2001, allows local agencies to extend the Abandoned Vehicle Abatement Service Authority program every 10 years w ith the approval of the county and a majority of the jurisdictions comprising a majority of the population of the incorporated areas.

This will be the fourth extension of the Authority since its inception in 1994; having been previously extended in 1998, 2002, and 2012.

ALTERNATIVES

1. Approve and authorize the recommended actions as presented in this staff report. Staff recommends this alternative that will facilitate cost recovery for those costs incurred by the City.

2. Do not approve and authorize the recommended actions as presented in this staff report. Staff does not recommend this alternative as it will result in the cost for vehicle abatements to be covered by the City.

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FISCAL IMPACT

Failure to extend the Service Authority will result in the termination of the Abandoned Vehicle Abatement program. The City would no longer be eligible for cost reimbursements for the abatement of nonoperative vehicle cases which would result in the reduction of approximately $215,000 in program revenues annually.

NOTIFICATION

Agenda was posted in accordance with the Brown Act.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Robert Alvarez Manuel A. Mancha, Community Development Community Enhancement & Neighborhood Director
Services Division Manager

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.

Public Safety. Provide a safe and secure environment for people and property in the community, control the number and severity of fire and hazardous material incidents, and provide protection for citizens who live, work and visit the City of Moreno Valley.

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

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ATTACHMENTS
To view large attachments, please click your “bookmarks” on the left hand side of this document for the necessary attachment.

1. Resolution 2023-XX FINAL 20230103

APPROVALS

Budget Officer Approval ✓ Approved . 12/22/22 3:57 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 12/22/22 4:02 PM A.6
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Attachment 1
1 Resolution No. 2023-____
Date Adopted: January 3, 2023
RESOLUTION NO. 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA, FOR EXTENSION OF

THE ESTABLISHED SERVICE AUTHORITY FEE

COLLECTION FOR THE ABANDONED VEHICLE

ABATEMENT PROGRAM

WHEREAS, the Riverside County Abandoned Vehicle Abatement Service Authority was formed on or about June 1, 1994, pursuant to the provisions of California Vehicle Code § 9250.7 and § 22710 enacted by the Legislature in 1990 which authorize the establishment of a service authority and im position of a service fee on all registered motor vehicles located within a county; and

WHEREAS, beginning in June 1994 and continuing to the present, the Riverside County Abandoned Vehicle Abatement Service Authority has been the recipient of service fees collected on its behalf by the California Department of Motor Vehicles and apportions and distributes proceeds to each member agency according to the formula set forth in the California Vehicle Code § 22710; and

WHEREAS, the service fees received by the Riverside County Abandoned Vehicle Abatement Service Authority are used to reimburse local governmental agencies for the costs incurred as a result of the abatement, removal, and disposal as public nuisances of any abandoned, wrecked, dismantled, or nonoperative vehicles or parts thereof; and

WHEREAS, the service fee collected as part of the Abandoned Vehicle Abatement Program is set to expire on May 31, 2024; and

WHEREAS, the Legislature amended California Vehicle Code § 9250.7 to allow for an extension of the service fee collected as part of the Abandoned Vehicle Abatement Program in increments of up to 10 years each if the Board of Supervisors for the County by a two-thirds vote, and a majority of the cities comprising a majority of the population of the incorporated areas within the county, adopt resolutions providing for the extension of the service fee; and

WHEREAS, it is desirable to the City of Moreno Valley to have the Abandoned Vehicle Abatement Program and fee collection to continue beyond its current termination date of May 2024.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. That the City of Moreno Valley approves the extension of the service fee collected on behalf of the Riverside County Abandoned Vehicle Abatement Service Authority until May 31, 2034.

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Attachment: Resolution 2023-XX FINAL 20230103 (6050 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, 2 Resolution No. 2023-____
Date Adopted: January 3, 2023
APPROVED AND ADOPTED this 3rd day of January, 2023.

___________________________
Mayor of the City of Moreno Valley

ATTEST:

____________________________
City Clerk

APPROVED AS TO FORM:

____________________________
City Attorney
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Attachment: Resolution 2023-XX FINAL 20230103 (6050 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, 3 Resolution No. 2023-____
Date Adopted: January 3, 2023

RESOLUTION 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 Resolution No. 2023-___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 3rd day of January, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Council Members, Mayor Pro Tem and Mayor)

___________________________________

CITY CLERK

(SEAL)

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Attachment: Resolution 2023-XX FINAL 20230103 (6050 : A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO VALLEY,

Report to City Council

ID#6048 Page 1
TO:

FROM: Melissa Walker, Acting Public Work Director/City Engineer

AGENDA DATE: January 3, 2023

TITLE: APPROVE THE FIRST AMENDMENT TO AGREEMENT

FOR PROFESSIONAL CONSULTANT DESIGN SERVICES
WITH ALBERT A. WEBB ASSOCIATES FOR THE
SUNNYMEAD MDP LINE B -16A, STAGE 2, PROJECT NO.
804 0015

RECOMMENDED ACTION
Recommendations: That the City Council:

1. Approve the First Amendment to Agreement for Professional Consultant Services to Albert A. Webb Associates to provide preliminary engineering, design, and construction support for the Sunnymead Master Drainage Plan (MDP) Line B - 16A, Stage 2 project, funded by Riverside County Flood Control & Water Conservation District (RCFC&WCD);

2. Authorize the City Manager to execute the First Amendment to Agreement for Professional Consultant Services with Albert A. Webb Associates, subject to the approval of the City Attorney;

3. Authorize an amendment to the existing Purchase Order with Albert A. Webb Associates in the amount of up to but not to exceed $219,910.00 ($159,916. 00 original agreement plus $59,994.00 for First Amendment to Agreement) once the Agreement has been signed by all parties;

4. Authorize an amendment to the Agreement termination date, extending the termination date from June 30, 2023 to December 30, 2024; and

5. Authorize the Public Works Director/City Engineer to execute any subsequent related amendments to the agreement with Albert A. Webb Associates, subject to the approval by the City Attorney.

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SUMMARY

This report recommends approval of the First Amendment to Agreement (Attachment B) for Professional Consultant Services with Albert A. Webb Associates to provide preliminary engineering, design, and construction support for the Sunnymead Master Drainage Plan (MDP) Line B-16A, Stage 2 project.

DISCUSSION

On September 15, 2020, the City Council approved the original Agreement with Albert A. Webb Associates and authorized the Director of Public Works/City Engineer to execute any subsequent related amendments to the agreement with Albert A. Webb Associates, not to exceed the Purchase Order amount, subject to the approval by the City Attorney.

This project is to design and construct a storm drain system including approximately 3,100 feet of reinforced concrete pipe (RCP) size of 24” and 36” along Kitching Stre et north of Ironwood Avenue. The proposed storm drain system is identified as storm drain Line B-16A in the District’s Sunnymead MDP. The proposed Line B -16A collects flows from an existing culvert in Kalmia Avenue just east of Kitching Street and conveys them south along Kitching Street. The pipe runs north of Jaffa Way and connects to an existing system in Kitching Street, 300' north of Ironwood Ave. During the design phase in order to minimize right -of-way acquisition and avoid underground utility confli cts the project underwent substantial redesign changes resulting in additional utility coordination, reviews and approval that were not a part of the original scope of work.

Staff is recommending approval of the First Amendment to the Agreement for Professional Consultant Services with Albert A. Webb Associates to address the changes to the original scope of work. This project is funded by RCFC&WCD.

Approval of the recommended actions would support Objective 4 of the Momentum MoVal Strategic Plan: “ Manage and maximize 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. Approve and authorize the recommended actions as presented in this staff report. This alternative will allow the Sunnymead MDP Line B -16A project to continue to move forward on schedule and resolve the flooding issue.

2. Do not approve and authorize the recommended actions as presented in this staff report. This alternative will delay the Sunnymead MDP Line B -16A project and would prevent the efforts to mitigate flooding for the area, which may lead to additional erosion in the project area.

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FISCAL IMPACT

This project is funded per the Cooperative Agreement (Attachment C) by the District for design and construction in the total amount of $1,930,000. There is no impact to the General Fund.

PROJECT BUDGET:

District’s ADP - Public Works General Capital Projects
(Account 3002-70-77-80004-720199) (Project No. 804 0015-3002-99) Total ................................................................................................................ $1,930,000

ESTIMATED CITY PROJECT COSTS:

Environmental/Permitting/Right of Way ............................................................. $210,000 Professional Consultant Services ...................................................................... $218,910 Construction .................................................................................................... $1,250,000 Construction Materials Testing and Surveying ................................................... $80,000 Mitigation/Monitoring During Construction .......................................................... $60,000 Project Administration/Inspection* ...................................................................... $111,090 Total ................................................................................................................ $1,930,000 *Project administration and inspection will be provided by City staff

ANTICIPATED PROJECT SCHEDULE:

Design and Permitting ...............................................................January 2023 - May 2023 Construction ................................................................................................ Summer 2023

NOTIFICATION

Public notification and community outreach will continue throughout the completion of this project.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Harold Zamora, PE Melissa Walker, PE
Capital Projects Principal Engineer Acting Public Works Director/City Engineer

CITY COUNCIL GOALS
Public Safety. Provide a safe and secure environment for people and property in the community, control the number and severity of fire and hazardous material incidents, and provide protection for citizens who live, work and visit the City of Moreno Valley.

Community Image, Neighborhood Pr ide 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.

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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. Location Map

2. First Amendment to Agreement with Albert A. Webb Associates

3. Cooperative Agreement with RCFC&WCD

APPROVALS

Budget Officer Approval ✓ Approved . 12/22/22 3:59 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 12/22/22 4:03 PM A.7
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Attachment: Location Map (6048 : APPROVE THE FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL CONSULTANT DESIGN

FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL
CONSULTANT DESIGN SERVICES WITH ALBERT A. WEBB ASSOCATES (WEBB) FOR SUNNYMEAD MASTER DRAINAGE PLAN LINE B-16A, STAGE 2
CITY OF MORENO VALLEY PROJECT NO. 804 0015
RCFC&WCD PROJECT NO. 4-0-00614-02

This First Amendment to Agreement (hereinafter, this “Agreement”) is made and entered into this _____ day of _____________ 202__ (“Effective Date”), by and between the City of Moreno Valley, a municipal corporation in the County of Riverside, State of California, hereinafter referred to as the “City,” and Albert A. Webb Associates (WEBB), California Corporation hereinafter referred to as “Consultant.”
RECITALS:

Whereas, the City and Consultant entered into an Agreement entitled "AGREEMENT for PROFESSIONAL CONSULTANT DESIGN SERVICES," hereinafter referred to as "Agreement," dated November 16, 2020.

Whereas, the Consultant is providing Civil Engineering Design services for Sunnymead Master Drainage Plan Lines B-16A, Stage 2, Project No. 804 0015.

Whereas, it is desirable to amend the Agreement to expand the scope of work to be performed by the Consultant, Terms of Payment, and to extend the Agreement termination date as is more particularly described in Section 1 of this First Amendment.

Whereas, the Consultant has submitted a Proposal dated December 2, 2022, for additional requested out-of-scope work to be performed. A copy of said Proposal is attached as “Exhibit A - Scope of Services” and is incorporated herein by this reference.

SECTION 1 AMENDMENT TO ORIGINAL AGREEMENT:

1.1 This Agreement termination date is extended from June 30, 2023 to December 30, 2024, unless the termination date is further extended by an Amendment to the Agreement.

1.2 Exhibit “A” to the Original Agreement is hereby amended by adding to the scope of work section described in Exhibit “A,” entitled "Scope of Services.”

1.3 Exhibit “C” to the Original Agreement is hereby further amended by adding the cost A.7.b
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Attachment: First Amendment to Agreement with Albert A. Webb Associates (6048 : APPROVE THE FIRST AMENDMENT TO AGREEMENT FOR

FIRST AMENDMENT TO AGREEMENT FOR

PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 804 0015

section described in Exhibit “A,” entitled "Scope of Services.”

1.4 The total “Not to Exceed” fee for this contract is $219,910.00 ($159,916.00 for the original Agreement, plus $59,994.00 for the First Amendment to Agreement).

SECTION 2

2.1 Except as otherwise specifically provided in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS HEREOF, the parties have each caused their authorized representative to execute this Agreement.

SIGNATURE PAGE TO FOLLOW:

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FIRST AMENDMENT TO AGREEMENT FOR

PROFESSIONAL CONSULTANT SERVICES
PROJECT NO. 804 0015

City of Moreno Valley Albert A. Webb Associates (WEBB)

BY: BY:

Mike Lee, City Manager

TITLE:
(President or Vice President)

Date
Date

BY:

TITLE:
(Corporate Secretary)

Date

Enclosures: Exhibit “A” – Scope of Services

INTERNAL USE ONLY

APPROVED AS TO LEGAL FORM:

City Attorney

Date

RECOMMENDED FOR APPROVAL:

Acting Public Works Director/City Engineer

Date

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EXHIBIT “A”

Scope of Services
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Attachment: First Amendment to Agreement with Albert A. Webb Associates (6048 : APPROVE THE FIRST AMENDMENT TO AGREEMENT FOR Item Description
Joseph Caldwell
Ranjit Singh
Pineda, Gonzalez
Pineda
Haley Franco
Michael Johnson
Jon Ros
Andres Lopez
Total Hours
Subtotal - Labor
Sub-consultant
budget
Expenses
Total/task1
Billout Rate 265$ 224$ 150$ 103$ 245$ 208$ 197$ Task 1 - Description (Phase XXXX)Additional Alignment and Profile Revisions 3 18 28 49 9,027$ -$ -$ 9,027$

1.1 Revisions to alignment and profile 1 9 16 26 4,681$ -$ -$ 4,681$

1.2 Final Revisions 2 9 12 23 4,346$ -$ -$ 4,346$ Task 2 - Description (Phase XXXX)Right of Way/Easement research and Mapping 2 8 16 8 12 50 96 18,886$ -$ -$ 18,886$

2.1 Review title reports and legal descriptions 4 8 4 6 20 42 8,138$ -$ 8,138$

2.2 Prepare update base map 4 30 34 7,220$ -$ 7,220$

2.3 Coordination, meeting, and exhibits 2 4 8 4 2 20 3,528$ -$ 3,528$ Task 3 - Description (Phase XXXX)Maintenance Access Road Design and Plans 3 17 66 86 14,503$ -$ -$ 14,503$

3.1 Site visit/field investigation 1 2 4 7 1,313$ -$ 1,313$

3.2 Drainage pattern/local hydrology 1 2 5 8 1,463$ -$ 1,463$

3.3 inlet, swale, drainage feature design 3 9 12 2,022$ -$ 2,022$

3.4 Plan update 6 40 46 7,344$ -$ 7,344$

3.5 H&H report update 1 4 8 13 2,361$ -$ 2,361$ Task 4 - Description (Phase XXXX)EWMD Coordination 15 31 46 8,010$ -$ -$ 8,010$

4.1 Meeting and Coordination 2 4 6 1,048$ -$ 1,048$

4.2 Prepare application and exhibits 4 12 16 2,696$ -$ 2,696$

4.3 Address comments 3 3 6 1,122$ -$ 1,122$

4.4 Protection Details 6 12 18 3,144$ -$ 3,144$ Task 5 - Description (Phase XXXX)Plat and Legal and R/W Exhibit 2 2 8 3 5 8 28 5,529$ -$ -$ 5,529$

5.1 Plat and Legal 1 3 5 8 17 3,616$ -$ 3,616$

5.2 R/W Exhibit 1 2 8 11 1,913$ -$ 1,913$
Task 6 - Description (Phase XXXX)Addl Project management, meetings, and Coordination 5 4 8 6 23 4,039$ -$ -$ 4,039$ Sunnymead Master Drainage Plan, Lines B-16A Stage 2
City of Moreno Valley
H:\2020\20-0213\Proposals, Contracts, & Change Orders\WEBB\DRAFT\CA1\CA1_Sunnymead.xlsx 12/2/202210:03 AM A.7.b
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Attachment: First Amendment to Agreement with Albert A. Webb Associates (6048 : APPROVE THE FIRST Item Description
Joseph Caldwell
Ranjit Singh
Pineda, Gonzalez
Pineda
Haley Franco
Michael Johnson
Jon Ros
Andres Lopez
Total Hours
Subtotal - Labor
Sub-consultant
budget
Expenses
Total/task1
Sunnymead Master Drainage Plan, Lines B-16A Stage 2
City of Moreno Valley

6.1 Project Management 2 6 8 1,148$ -$ 1,148$

6.2 Meetings 1 2 4 7 1,313$ -$ 1,313$

6.3 Coordination 2 2 4 8 1,578$ -$ 1,578$
15 64 157 14 15 55 8 328 59,994$ -$ -$ 59,994$ Total H:\2020\20-0213\Proposals, Contracts, & Change Orders\WEBB\DRAFT\CA1\CA1_Sunnymead.xlsx 12/2/202210:03 AM A.7.b
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SUBMITTAL TO THE FLOOD CONTROL AND

WATER CONSERVATION DISTRICT

BOARD OF SUPERVISORS

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
ITEM: 11.5
(tD # 13471)
MEETING DATE:

Tuesday, October 20, 2020
FROM: FLOOD CONTROL DISTRICT:

SUBJECT: FLOOD CONTROL DISTRICT: Approval of the Cooperative/Funding Agreement between the Riverside County Flood Control and Water Conservation District and the City of Moreno Valley for Sunnymead MDP Line B-164, Stage 2, Project No. 4-0-00614, CEQA Exempt, District 5. [Not-to-Exceed $1,987,900 - District Zone 4 Funds - 100%l
RECOMMENDED MOTION: That the Board of Supervisors:

1. Find that the Cooperative/Funding Agreement is exempt from the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15061(bX3), the "Common Sense" exemption;

2. Approve the Cooperative/Funding Agreement ('Agreement") between the Riverside County Flood Control and Water Conservation District ("District") and the City of Moreno Valley ("City");

3. Authorize the Chainryoman of the Board to execute the Agreement documents on behalf of the District; and

4. Direct the Clerk of the Board to return three (3) fully executed original Cooperative/Funding Agreement documents to the District.

ACTION: Policy
!w,[
ff"
r.", "TAL
MGR-CHF FLD cNrRL ENG 10n/2020

MINUTES OF THE BOARD OF SUPERVISORS
On motion of Supervisor Hewitt, seconded by Supervisor Jeffries and duly carried by unanimous vote, lT WAS ORDERED that the above matter is approved as recommended.

Jeffries, Spiegel, Washington, Perez and Hewitt
None
None
October 20,2020
Flood
Kecia R. Harper
Clerk th
Ayes:

Nays:

Absent:

Date:

XC:

Page I of 3 tD# 13471
By
Deputy

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SUBMITTAL TO THE FLOOD CONTROL AND WATER CONSERVATION DISTRICT BOARD

OF SUPERVISORS

GOUNTY OF RIVERSIDE, STATE OF CALIFORNIA
beneficiaries of the project. Ancillary benefits will accrue to the public who will utilize the roadways.

Additional Fiscal lnformation
The District is providing up to $1,930,000 in funding to the City for the project. Sufficient funding is available in the District's Zone 4 budget for FY 2020121 and will be included in the proposed budget in future years through FY 2024125 as appropriate.

Pursuant to the lmplementing Agreement for the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) executed on June 22, 2004, the District is a participating agency. The District is making a payment to the Western Riverside County Regional Conservation Authority (RCA) for up to 3o/o of the total capital costs as required mitigation for the construction of flood control facilities in cooperation with and on behalf of the City. The MSHCP mitigation fee is based on the engineers estimated project cost, however, the actual 3% payment will be based on the project's lowest responsive contract bid price. The actual mitigation payment that will be made by the District may be reduced based on acquisition of replacement habitat for the benefit of Covered Species, as defined in the lmplementing Agreement and the MSHCP. The City is the lead agency and the MSHCP permittee responsible for compliance with the applicable MSHCP requirements.

Funding Summarv
Estimated Design and Administration Contribution
Estimated Construction Contribution
$ 200,000
$ 1,730,000
Maximum District Contribution to the City $
Estimated MSHCP Mitigation Fee $
1,930,000
57,900
(3% of Estimated Construction Contribution)
Total Estimated District Cost
SOURCE OF FUNDS: (Continued)
. 25140-947460-536200 Contribution to Non-County Agency -Zone 4 o 25140-947460-523220 License and Permits -Zone 4
ATTAGHMENT:

1. Vicinity Map

2. Cooperative/Funding Agreement
AK:blm
P8/233369
$ 1,987,900

Page 3 of 3 ends

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233191

COOPERATIVE/ FUNDING AGREEMENT
Sunnymead MDP Line B-164., Stage 2
Project No. 4-0-00614
This Cooperative/Funding Agreement ("Agreement"), dated as of]ctt' ' 2020, is entered into by and between, the Riverside County Flood Control and Water Conservation District, a body politic, ("DISTRICT") and the City Of Moreno Valley, a municipal corporation, ("CITY"). DISTRICT and CITY are individually referred to herein as "par[" and collectively referred to herein as "parties". The parties hereto hereby agree as follows:

RECITALS
A. DISTRICT has budgeted for and CITY has plans to design, construct, operate and maintain Sunnymead MDP Line 8-164, Stage 2 ("LINE B-164."). Upon construction completion, LINE B-16,{ will provide 10-year flood protection for the residents of Kitching Street in the City of Moreno Valley; and
B. LINE B-164., as identified in the DISTRICT's Sunnymead Master Drainage Plan ("MDP"), consists of approximately 3,100 lineal feet of storm drain of various sized storm drain pipe less-than or equal to thirty-six (36") inches in diameter as shown in concept in blue on Exhibit "A" affached hereto and made a parthereof. At the upstream terminus, LINE B-164 will collect runoff from Kalmia Avenue and convey it southerly along Kitching Street. At the downstream terminus, LINE B-l64 will connect to an existing storm drain at Kitching Street, as shown on DISTRICT's Drawing No. 4-0601; and
C. To eliminate backwater effects, a catch basin and a connector pipe will be added to existing Sunnymead MDP Line B-16,4., as shown on DISTRICT's DrawingNo.4-0422 on Ironwood Avenue ("ADDITIONAL FACILITY") as shown in concept in green circle of Exhibit "A"; and
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D. To improve the runoff of collection at the upstream terminus, a catch basin and associated connector pipe may be added to existing Sunnymead MDP Line B-13, as shown on DISTRICT's Drawing No. 4-0459 ("OPTIONAL CATCH BASIN") located northwest of LINE B-16,{ as shown in concept in cyan circle on Exhibit "A".

E. LINE B-I64, ADDITIONAL FACILITY, OPTIONAL CATCH BASIN and associated pavement replacements are hereinafter called "CITY's FACILITIES"; and F. Associated with the construction of CITY's FACILITIES is the installation of catch basins, connector pipes and associated pavement replacements hereinafter called "CITY APPURTENANCES"; and
G. Together, CITY's FACILITIES and CITY APPURTENANCES are hereinafter called "PROJECT"; and
H. Associated with the construction of PROJECT are the street improvements including, but not limited to, the construction of sidewalks, curbs and gutters within and adjacent to the PROJECT limits, and additional paving of the streets outside of PROJECT limits hereinafter called "CITY BETTERMENTS"; and
I. CITY plans to advertise, award and administer a public works construction contract for PROJECT during Fiscal Year 202112022; and
J. DISTRICT is willing to review and inspect any CITY's proposed storm drain connections to the DISTRICT maintained facilities; and K. DISTRICT wishes to support CITY's efforts to construct PROJECT by providing a financial contribution toward PROJECT's design, construction, environmental clearance and right of way acquisition along with the associated administrative costs; and L. DISTRICT's contributions shall be as follows subject to the not to exceed amount provided in Recital M below:
"|-L'
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i. One hundred percent (100%) of CITY's selected consultant's design proposal cost to offset CITY's costs associated with engineering design, hydrology & hydraulics, geo-tech analysis, potholing for conflicting utilities and CEQA determination to construct PROJECT ("DESIGN CONTRIBUTION"), plus an additional fifteen percent (15%) of the CITY's administrative costs associated with design administration ("DESIGN ADMINISTRATION CONTRIBUTION"). Together, DESIGN CONTRIBUTION and DESIGN ADMINISTRATION CONTRIBUTION are hereinafter called ("TOTAL DESIGN CONTRIBUTION"); and
ii. One hundred percent (100%) of all costs associated with the preparation, application and obtaining the environmental clearance and permits if required for PROJECT, hereinafter called ("REGULATORY PERMITS COST"); and iii. One hundred percent (100%) of the actual costs (not to exceed appraised value and estimated escrow and closing costs as determined by the DISTRICT) for right of way acquisition, and rights of entry for the PROJECT, hereinafter called ("ACQUISITION COST"); and
iv. One hundred percent (100%) of the lowest responsible bid contract price, less the bid price of CITY BETTERMENTS ("CONSTRUCTION CONTRIBUTION"), plus an additional five percent (5%) of the lowest responsible bid price to offset CITY's administrative costs associated with construction contract administration and other typical ancillary costs related to the delivery of PROJECT ("CONTRACT ADMINISTRATION CONTRIBUTION"), plus an additional ten percent (10%) for construction contract change orders ("CONSTRUCTION CHANGE ORDERS CONTRIBUTION"). Together, CONSTRUCTION CONTzuB UTION, CONTRACT ADM IN ISTRATION CONTRIB UTION and CONSTRUCTION CHANGE ORDER CONTRIBUTION are hereinafter called ("TOTAL CONSTRUCTION CONTRIBUTION"); and
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v. One hundred percent (100%) of the costs associated with the unavoidable relocations of the conflicting utilities within the PROJECT that cannot be relocated by others under CITY's franchise authority ('NON-FRANCHISE UTILITY COSTS"); and M. Altogether, TOTAL DESIGN CONTRIBUTION, REGULATORY
PERMITS COST, ACQUISITION COST, TOTAL CONSTRUCTION CONTRIBUTION, ANd NON-FRANCHISE UTILITY COSTS are hereinafter called ("TOTAL DISTRICT CONTRIBUTION"). TOTAL DISTRICT CONTRIBUTION for PROJECT shall not exceed a total of One Million Nine Hundred Thirty Thousand Dollars ($1,930,000). Should the PROJECT require additional funding, DISTRICT is willing to pay the excess amounts by amending this Agreement contingent upon the availability of DISTRICT funds and budgetary approval if (i) the actual appraisal costs exceed the estimated ACQUISITION COST, and (ii) the actual

CONSTRUCTION CONTRIBUTION, C ONTRACT ADM INI STRATION CONTRIB UTION and DISTRICT approved CONSTRUCTION CHANGE ORDERS CONTRIBUTION exceed the estimated TOTAL CONSTRUCTION CONTzuBUTION; and
N. DISTRICT wishes to provide only financial assistance to CITY and have no other role;
O. The purpose of this Agreement is to memorialize the mutual understandings by and between CITY and DISTRICT with respect to the construction, ownership, operation and maintenance of PROJECT and the payment of TOTAL DISTRICT CONTRIBUTION.

NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:

SECTION I
CITY shall
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l. Pursuant to the California Environmental Quality Act ("CEQA"), act as Lead Agency and assume responsibility for preparation, circulation and adoption of all necessary and appropriate CEQA documents pertaining to the construction, operation and maintenance of PROJECT.

2. Prior to commencing construction of PROJECT for any connections to DISTRICT facilities as set forth in Recitals B, C, and D, obtain a no fee encroachment permit from DISTRICT, pursuant to its rules and regulations and comply with all provisions set forth therein.

3. Keep an accurate accounting of (i) costs associated with the preparation of plans and specifications for PROJECT, in conformance with DISTRICT approved TOTAL DESIGN CONTRIBUTION, as set forth in Sections L4 and I.8, (ii) costs associated with obtaining all rights of way to construct, operate and maintain PROJECT, as set forth in Section I.9, (iii) costs associated with PROJECT construction with and if applicable, with obtaining REGULATORY PERMITS, as set forth in Sections L12, (iv) costs associated with CONTRACT ADMINISTRATION CONTRIBUTION and if applicable, CONSTRUCTION CHANGE ORDERS CONTRIBUTION and NON-FRANCHISE UTILITY COSTS as set forth in Section l.22.The accounting shall be provided when invoicing the DISTRICT and shall include a detailed breakdown of all costs, including, but not limited to, payment vouchers, change orders and other such contract documents as may be necessary, to establish the actual cost of each contribution item as described in Recital L.

4. Issue a first invoice to DISTRICT (Attn: Contract Services Section) for fifty percent (50%) of the TOTAL DESIGN CONTRIBUTION upon execution of this Agreement or upon CITY's award of the design contract to its selected consultant, as set forth herein.

5. Prepare or cause to be prepared, the necessary plans and specifications for PROJECT, hereinafter called "IMPROVEMENT PLANS", in accordance with the applicable -5-
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DISTRICT and CITY standards, and submit to DISTRICT for its review and approval prior to advertising PROJECT for construction bids.

6. Prior to commencing construction, secure all necessary permits, approvals or agreements required by any federal, state and local resource or regulatory agencies pertaining to PROJECT. Such documents may include, but are not limited to, a Section 404 permit issued by the U.S. Army Corps of Engineers, a Section 401 WaterQuality Certification issued by the California Regional Water Quality Control Board (CRWQCB), a Streambed Alteration Agreement issued by the California Department of Fish and Wildlife, and a National Pollutant Discharge Elimination System Permit issued by the State Water Resources Control Board or CRWQCB and Western Riverside County Regional Conservation Authority ("REGULATORY PERMITS").

7. Prior to commencing construction, secure all necessary rights of way, rights of entry and permanent construction easements necessary to construct, inspect, operate and maintain PROJECT.

8. Issue a second invoice to DISTRICT (Attention: Contract Services Section) for the remaining fifty percent (50%) of TOTAL DESIGN CONTRIBUTION following signing of IMPROVEMENT PLANS of all parties.

9. Issue a third invoice to DISTRICT (Attention: Contract Services Section) for ACQUISITION COST following submittal of proof of ownership or easement documents and appraisal report to the DISTRICT. The total amount invoiced to DISTRICT for ACQUISITION COST shall not exceed one hundred percent (100%) of the appraised values for all acquired parcels plus customary escrow and closing costs for the PROJECT only. a. CITY shall be responsible for all costs associated with right of way acquisition of the CITY BETTERMENTS and shall separately delineate the boundaries of the PROJECT and CITY
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BETTERMENTS when preparing legal descriptions and plats as applicable for right of way acquisition.

10. Advertise, award, and administer a Public Works construction contract of the bids for PROJECT pursuant to the applicable provisions of the California Public Contract Code. At the time of advertising for bids, provide DISTRICT with a copy of PROJECT plans, specifications, bid documents and any subsequent addenda thereto. Should the bid documents include items associated with CITY BETTERMENTS, CITY shall separate such bid items. ll. Provide DISTRICT with written notice (Attention: Contracts Services Section) that CITY has awarded a public works construction contract for PROJECT. The written notice shall include the Contractor's actual bid amounts for PROJECT, setting forth the lowest responsible bid contract amount.

12. Issue a fourth invoice to DISTRICT (Attention: Contract Services Section) for the payment of CONSTRUCTION CONTRIBUTION, and if applicable, REGULATORY PERMIT COSTS at the time of providing written notice of the award of a construction contract as set forth in Section I.11, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of One Million Nine Hundred Thirty Thousand Dollars ($ 1,930,000). Furthermore, CITY shall be responsible to pay any amounts associated with CITY BETTERMENTS.

13. Construct or cause to be constructed PROJECT pursuant to a CITY administered public works contract in accordance with IMPROVEMENT PLANS.

14. Relocate or cause to be relocated, at its sole cost and expense, all conflicting CITY owned utilities. CITY shall also order the relocation of all other utilities installed under CITY's permit or franchise authority within CITY rights of way which conflict with the construction of PROJECT. CITY shall make reasonable efforts during preparation of the -7 -
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IMPROVEMENT PLANS to avoid utility conflicts associated with NON-FRANCHISE UTILITY COSTS.

15. Inspect PROJECT construction or cause PROJECT's construction to be inspected by its construction manager, and pay all costs associated therewith.

16. Grant DISTRICT, by execution of this Agreement, the right to enter upon property owned or controlled by CITY where necessary and convenient for the purpose of gaining access to and performing inspection service for any CITY's proposed storm drain connections to the DISTzuCT maintained facilities.
17 . Procure or caused to be procured insurance coverages during the term ofthis Agreement. CITY shall require its PROJECT construction contractor(s) to furnish original certificate(s) of insurance and original certified copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments. Prior to CITY issuing a Notice to Proceed to its construction contractor(s) to begin construction of PROJECT, an original certificate of insurance evidencing the required insurance coverage shall be provided to DISTRICT. At minimum, the procured insurance coverages should adhere to the DISTRICT's required insurance provided in EXHIBIT "B", attached hereto and made a part hereof.

18. Require its construction contractor(s) to comply with all CallOSHA safety regulations including regulations concerning confined space and maintain a safe working environment for all CITY and DISTRICT employees on the site.

19. Upon completion of PROJECT construction and CITY's acceptance thereof, accept ownership and sole responsibility for the design, operation and maintenance of PROJECT.

20. Upon completion of PROJECT construction, provide DISTRICT with a copy of CITY's Notice of Completion.
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21. Keep an accurate accounting of all PROJECT costs separate from CITY BETTERMENTS and provide this accounting to DISTRICT with CITY's Notice of Completion, as set forth in Section I.20. The final accounting of construction costs shall include a detailed breakdown of allcosts, including, but not limited to, payment vouchers, CITY approved change orders and other such construction contract documents as may be necessary, to establish the actual cost of construction for the DISTRICT and CITY approved IMPROVEMENT PLANS.

22. Upon Notice of Completion, issue a fifth invoice to DISTRICT for the CONTRACT ADMINISTRATION CONTRIBUTION and if applicable, CONSTRUCTION CHANGE ORDERS CONTzuBUTION and NON-FRANCHISE UTILITY COSTS, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed One Million Nine Hundred Thirty Thousand Dollars ($1,930,000).

23. Perform, or cause to be performed, all work associated with CITY BETTERMENTS at its sole cost and expense.

SECTION II
DISTRICT shall:

1. Act as a Responsible Agency under CEQA, taking all necessary and appropriate action to comply with CEQA for PROJECT.

2. Issue a no fee encroachment permit ("Encroachment Permit") for the construction of PROJECT facilities as set forth in Recitals B, C, and D, in accordance with the approved IMPROVEMENT PLANS and subject to the provisions set forth in DISTRICT's Encroachment Permit.

3. Within thirty (30) days of receiving of CITY's first invoice to DISTRICT, pay CITY for fifty percent (50%) of the TOTAL DESIGN CONTRIBUTION, as set fofth in Section L4.
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4. Review the IMPROVEMENT PLANS in accordance with the applicable DISTRICT and CITY standards.

5. Within thirty (30) days of receiving of CITY's second invoice to DISTRICT, pay CITY for the remaining fifty percent (50%) of the TOTAL DESIGN CONTRIBUTION following the signing of IMPROVEMENT PLANS of all parties, as set forth in Section I.8, subject to and provided that TOTAL DESIGN CONTRIBUTION shall not exceed the total amount of CITY's selected consultant design cost proposal and associated DESIGN ADMINI STRATION CONTRIBUTION.

6. Within thirty (30) days of receiving CITY's third invoice to DISTRICT, pay CITY for the ACQUISITION COST incurred by CITY following the submittal of proof of ownership or easement documents and appraisal report to the DISTRICT, as set forth in Section I.9, subject to and provided that TOTAL DISTRICT CONTzuBUTION shall not exceed the total amount of One Million Nine Hundred Thirty Thousand Dollars ($1,930,000).

7. Within thirry (30) days of CITY awarding PROJECT construction contract, pay the Western Riverside County Regional Conservation Authority the costs associated with the Multiple Species Habitat Conservation Plan ("MSHCP"), which is either the lesser of (i) three percent (3%) of the lowest responsible bid price, or (ii) three percent (3%) of lowest responsible bid price less the value of applicable project-specific mitigation.

8. Within thirty (30) days of receiving CITY's fourth invoice to DISTRICT, pay CITY for the CONSTRUCTION CONTRIBUTION and CONTRACT ADMINISTRATION CONTRIBUTION, as set forth in Section I.12, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of One Million Nine Hundred Thirty Thousand Dollars ($ 1,930,000).

9. Conduct periodic inspections if the proposed storm drain connects into DISTRICT maintained facilities.
_10_
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10. Reimburse the CITY within thirty (30) days of receiving the fifth invoice to DISTRICT for CONTRACT ADMINISTRATION CONTRIBUTION, and if applicable pay for CONSTRUCTION CHANGE ORDERS CONTRIBUTION and NON-FRANCHISE UTILITY COST as set forth in Section I.22, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed One Million Nine Hundred Thirty Thousand Dollars ($1,930,000).

SECTI ON III
It is further mutually agreed:

1. Notwithstanding any other provision herein this agreement TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of One Million Nine Hundred Thirty Thousand Dollars ($1,930,000); and shall be used by CITY solely forthe purpose of the design and construction of said PROJECT as set forth herein. CITY shall pay for all costs associated with CITY BETTERMENTS.

2. In the event the actual construction cost for PROJECT is less than the CONSTRUCTION CONTRIBUTION, CITY shall refund the difference to DISTRICT within thirfy (30) days of filing the Notice of Completion for PROJECT.

3. Under the provisions of this Agreement, DISTRICT shall bear no responsibility whatsoever for the design, construction, ownership, operation or maintenance of PROJECT.

4. CITY shall indemnify, defend, save and hold harmless DISTRICT and the County of Riverside (including their agencies, districts, special districts and departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, representatives, independent contractors, and subcontractors) from any liabilities, claim, damage, proceeding or action, present or future, based upon, arising out of or in any way relating to CITY's (including its officers, elected and appointed officials, employees, agents, - tl-
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representatives, independent contractors and subcontractors) actual or alleged acts or onrissions related to this Agreement, performance under this Agreement or failure to comply with the requirements of this Agreement, including, but not lirnited to, (a) property darnage; (b) bodily injury or death; (c) payment of attorney fees; or (d) any other element of any kind or nature whatsoever. This section shall survive any termination of this Agreement until the statute of limitations period has run for any claims that could be asserted under this Agreement.

5. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

6. This Agreement is to be construed in accordance with the laws of the State of California. Any action at law or in equity brought by any of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.

Neither CITY nor DISTRICT shall assign this Agreement without the written consent of the other party.

7. This Agreement is made and entered into for the sole protection and benefit of the parties hereto. No other person or entity shall have any right of action based upon the provisions of this Agreement.

8. Any and all notices sent or required to be sent to the parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:

RIVERSIDE COLINTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
1995 Market Street
Riverside, CA 92501
Attn: Contracts Services Section

CITY OF MORENO VALLEY
14177 Frederick Street
Moreno Valley, CA 92552
Attn: Henry Ngo
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Attachment: Cooperative Agreement with RCFC&WCD (6048 : APPROVE THE FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL 233191

9. This Agreement is the result of negotiations between the parties hereto and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.

10. Any waiver by DISTRICT or CITY of any breach by any other party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of DISTRICT or CITY to require from any other party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof or estopping DISTRICT or CITY from enforcing this Agreement.
1 l. The obligations of DISTzuCT are limited by and contingent upon the availability of DISTRICT funds for DISTRICT's financial contribution towards PROJECT as set forth herein. In the event that such funds are not forth coming for any reason, DISTRICT shall immediately noti$ CITY in writing. AGREEMENT shall be deemed terminated and have no further force and effect immediately upon receipt of DISTRICT's notification by CITY.

12. This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be amended, changed or modified only upon the written consent of the parties hereto.

13. No alternation or variation of the terms of this Agreement shall be valid unless made in writing and signed by both parties and no oral understanding or agreement not incorporated herein shall be binding on either party hereto. - t3 -
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Attachment: Cooperative Agreement with RCFC&WCD (6048 : APPROVE THE FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL 233191

14. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement.

15. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
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Attachment: Cooperative Agreement with RCFC&WCD (6048 : APPROVE THE FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL IN
Agreement on
(to be filled in by lerk of the Board)
233191
have executed this Cooperative/Funding

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
By AAt4tt, J

KAREN SPIEGEL,
Riverside County Flood Control and Water
Conservation Distriot Board of Supervisors
ATTEST:

KECIA HARPER
Clerk of the Board
By
RECOMMENDED FOR APPROVAL:

Engineer
APPROVED AS TO FORM:

GREGORY P. PRIAMOS
County Counsel
ByBy
M.

Deputy County Counsel
(sEAL)
Cooperative/Funding Agreement: City of Moreno Valley
Sunnymead MDP Line B-16A, Stage 2
08/31/2020
AK:blm
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Attachment: Cooperative Agreement with RCFC&WCD (6048 : APPROVE THE FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL 233191
RECOMMENDED FOR APPROVAL: CITY OF MORENO VALLEY
LEE
City Manager
APPROVED AS TO FORM: ATTEST:

By c-Yt^^-tD./arMaA
By
By
City Attomey?
City
(sEAL)
Cooperative/Funding Agreement: City of Moreno Valley
Sunnymead MDP Line 8-16,4, Stage 2
0813U2020
AK:blm
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Attachment: Cooperative Agreement with RCFC&WCD (6048 : APPROVE THE FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL Project No:

Engineer:

Date Created:

RIVERSIDE COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT Sunnymead MDP Line B-16A Stg 2
Description:
.
4-0-00614-02
Supervisorial District 5
District lead project in the city of Moreno
Valley to reduce flooding problems along
Kitching Street and the surrounding
community. Line B-16A will collect runoff
from Kalmia Avenue and convey it south
along Kitching Street in an underground
storm drain which discharges to an existing
storm drain at Ironwood Avenue.

Implementation of the project may also
reduce erosion and sediment accumulation
along Kitching Street. The District will
design and construction the project, and the
City will take over the maintenance after
construction. District is funding the design
and construction of the storm drain, and
additional coordination with the City
regarding right of way acquisition and street
improvements are ongoing.

Legend:

IVY LN

KAYAL AVE

SLAWSON AVE

TUSCOLA ST

KITCHING ST

VALLEY VIEW LN

VILLA HERMOSA

FRANKLIN ST

SHALU AVE

IRONWOOD AVE

KALMIA ST

MOUNTAIN

CLIFF DR

MATHEWS RD

NAVEL AVE

OVERLOOK CIR
Sunnymead MDP
Line B-16A Stg 2

SUNNYMEAD MASTER

DRAINAGE PLAN -
LINE B-16A

VENETIAN DR

LASSELLE ST
Existing Below Ground Facility
Proposed Facility
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Attachment: Cooperative Agreement with RCFC&WCD (6048 : APPROVE THE FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL DISTRICT's Insurance Requirements is as follows:

Without limiting or diminishing CITY's obligation to indemnify or hold DISTRICT harmless, CITY shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage's during the term of this Agreement. As respects to the insurance section only, the DISTRICT herein refers to the Riverside County Flood Control and Water Conservation District, the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.

A Workers' Compensation :

If CITY has employees as defined by the State of California, CITY shallmaintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. Policy shall be endorsed to waive subrogation in favor of DISTRICT.

Commercial General Liability:

Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CITY's performance of its obligations hereunder. Policy shall name the DISTRICT as Additional Insured.

Policy's limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.

Vehicle Liabilit)':

If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CITY shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall name the DISTRICT as Additional Insureds.

Professional Liability:

CITY shall cause any architect or engineer retained by CITY in connection with the performance of CITY's obligations under this Agreement to maintain Professional Liability Insurance providing coverage for the performance of their work included within this Agreement, with a limit of liability of not less than $2,000,000 per occurrence and $4,000,000 annual aggregate. CITY shall require that, if such Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of B
C
D
EXHIBIT "B''
Sunnymead MDP Line B-16,4', Stage 2
Project No. 4-0-00614
Insurance Requirements I Page I of 3
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Attachment: Cooperative Agreement with RCFC&WCD (6048 : APPROVE THE FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL EXHIBIT "B"
Sunnymead MDP Line B-16,{, Stage2
Project No. 4-0-00614
Insurance Requirements I Page 2 of 3
this Agreement and that such architect or engineer shall purchase at such architect or engineer's sole expense eitl-rer l) an Extended Reporting Endorsement (also known as Tail Coverage); or 2) Prior Dates Coverage from a new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that such architect or engineer has maintained continuous coverage with the same or original insurer. Coverage provided under items: 1), 2) or 3) shall continue for the term specified in the insurance policy as long as the law allows.

E. General Insurance Provisions - All Lines:
a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the DISTRICT Risk Manager. If the DISTRICT's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.

The CITY must declare its insurance self-insured retention for each coverage required herein. If any such self-insured retention exceeds $500,000 per occurrence each such retention shall have the prior written consent of the DISTRICT Risk Manager before the commencement of operations under this Agreement. Upon notification of self-insured retention deemed unacceptable to the DISTRICT, and at the election of the DISTRICT's Risk Manager, CITY's carriers shall either: l) reduce or eliminate such self-insured retention with respect to this Agreement with DISTRICT, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.

CITY shall cause their insurance carrier(s) or its contractor's insurance carrier(s), to furnish DISTRICT with l) a properly executed original certificate(s) of insurance and certified original copies of endorsements effecting coverage as required herein; and2) ifrequested to do so orally or in writing by the DISTRICT Risk Manager, provide original certified copies of policies including all endorsements and all attachments thereto, showing such insurance is in full force and effect. Fufther, said certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) days written notice shall be given to the DISTRICT prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. If CITY insurance carrier(s) policies does not meet the minimum notice requirement found herein, CITY shall cause CITY's insurance carrier(s) to furnish a 30-day Notice of Cancel lation Endorsement.
b
c
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Attachment: Cooperative Agreement with RCFC&WCD (6048 : APPROVE THE FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL EXHIBIT "B''
Sunnymead MDP Line B-164., Stage 2
Project No. 4-0-00614
Insurance Requirements I Page 3 of 3
d In the event of a material modification, cancellation, expiration or reduction in coverage, this Agreement shall terminate forthwith, unless DISTRICT receives, prior to such effective date, another properly executed original certificate of insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto, evidencing coverages set forth herein and the insurance required herein is in full force and effect. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the ceftificate of insurance.

It is understood and agreed by the parties hereto that CITY's insurance shall be construed as primary insurance, and DISTRICT's insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.
lf, during the term of this Agreement or any extension thereof,, there is a material change in the scope of services or there is a material change in the equipment to be used in the performance of the scope of work which will add additional exposures (such as the use of airuaft, watercraft, cranes, etc.); or the term of this Agreement, including any extensions thereof, exceeds five (5) years, DISTRICT reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverages currently required herein, if, in the DISTRICT Risk Manager's reasonable judgment, the amount or type of insurance carried by CITY has become inadequate.

CITY shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.

The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to DISTRICT.

CITY agrees to notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.
e.
f
ob.
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Report to City Council

ID#6047 Page 1
TO: Mayor and City Council

FROM: Melissa Walker, Acting Public Work Director/City Engineer

AGENDA DATE: January 3, 2023

TITLE: PEN21-0206 (TR 37725) – APPROVE TRACT MAP 37725

LOCATED AT THE SOUTHWEST CORNER OF
KRAMERIA AVENUE AND PERRIS BOULEVARD.

DEVELOPER: FPG SUN MORENO VALLEY 66, LLC

RECOMMENDED ACTION
Recommendations: That the City Council:

1. Approve Tract Map 37725.

2. Authorize the City Clerk to sign the map and transmit said map to the County Recorder’s Office for recordation.

SUMMARY

This report recommends approval of Tract Map 37725, which is owned by FP G Sun Moreno Valley 66, LLC . Tract Map 37725 will subdivide five (5) lots into 64 residential lots and is located at the southwest corner of Krameria Avenue and Perris Boulevard.

DISCUSSION

On April 14, 202 2, the Planning Commission of the City of Moreno Valley approved revised Tentative Tract Map 37725. The project involves the subdivision of five (5)

20.2-acre lot (gross) into 64 single-family residential lots located at the southwest corner of Krameria Avenue and Perris Boulevard. The Agreement for Public Improvements was recorded on October 13, 2022. Tract Map 37725 is in substantial conformance with the approved Tentative Tract Map. The developer has requested that the map be approved for recordation. Due to the size of the map, it is not attached to this report.

However, the map is available for review at the Public Works/Land Development counter at City Hall.

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Page 2 ends

Moreno Valley City CouncilJanuary 3, 2023

Moreno Valley City Council
January 3, 2023