Agenda packet, study session, second session — Moreno Valley City Council, June 6, 2023 (part 3 of 3)

BACKGROUND
On May 11, 2023, the Planning Commission unanimously recommended the City Council adopt the proposed Ordinance and find the proposed Ordinance is exempt from the California Environmental Quality Act.

PROJECT DESCRIPTION
The discussion of the sections below corresponds to the order of the text amendments set forth in the proposed Ordinance.

Section 9.02.020 (Permitted Uses)
Tables 9.02.020-1 and 9.02.020-2 are being modified within the Permitted Uses Section as follows:
• Allow ministerial approval for affordable housing on commercially zoned lands in compliance with Assembly Bill 2011.
• Add Low Barrier Navigation Centers in compliance with State Law. • Rename “Farm Worker Employee Housing” to “Employee Housing” in compliance with State Law
• Allow ministerial approval for Residential Care Facilities with six (6) or fewer persons in residential zones in compliance with State law. • Clarify that Aircraft Landing Facilities include helipads and facilities for quadcopters as well as allow their use in certain industrial districts. • Allow ministerial approval for Emergen cy Shelters in certain Mixed -Use Districts and Mixed-Use Overlays in compliance with State law.

Section 9.02.320 (Reasonable Accommodation Procedures)
This proposed amendment will add language to Section 9.02.320 to define “Special Needs Populations” as re quested by the U.S. Department of Housing and Urban Development (HUD).

Section 9.03.050 (Density Bonus Program for Affordable Housing) This proposed amendment will add language defining shared housing as a residential or mixed-use structure with five or mo re housing units and one or more common kitchens and dining areas designed for permanent residence.

Section 9.04.050 (Affordable Housing in Commercial Zones) This new section will allow affordable multi -family residential development in commercial zones in compliance with AB 2011.

Section 9.09.130 (Accessory Dwelling Units)
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This proposed amendment revises language in Section 9.09.130 to address several State legislative bills (AB 2221, SB 897, and AB 916) that became effective on January 1, 2023.

Section 9.09.150 (Senior Citizen Housing)
This proposed amendment will revise language to Section 9.09.150, to remove the term "handicapped" and replace the term with “Person with a disability” and provide additional amendments to clarify development requirements i n compliance with State law.

Section 9.09.160 (Residential Care Facilities)
This proposed amendment clarifies standards for the development of residential care facilities consistent with State law.

Section 9.09.170 (Emergency Shelters)
This proposed amendment modifies parking requirements for Emergency shelters to be consistent with the provisions of State law.

Section 9.09.180(Employee Housing)
This proposed amendment modifies the language to comply with State law regarding Employee Housing and renames the section accordingly.

Section 9.09.320 (Low Barrier Navigation Centers)
This new section will allow for the development of Low Barrier Navigation Centers by - right in all mixed-use and nonresidential zones where multifamily is permitted consistent with State law.

Section 9.09.330 (Group Homes)
This new section establishes development standards that permit group homes for 6 or fewer and 7 or more persons in all residential zones consistent with State law.

Section 9.15.030 (Definitions)
This proposed amendment removes the “Farmworker Housing” definitions from Section

9.15.030.

ENVIRONMENTAL
The proposed Municipal Code Amendments are exempt from the California Environmental Quality Act. The proposed amendments are exempt from the California Environmental Qual ity 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 F.3
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significant effect on t he environment, and the provisions implementing Assembly Bill 2011 and Senate Bill 6 are expressly exempt from CEQA pursuant to the express terms of said bills.

ALTERNATIVES

1. Approve the proposed Recommended Actions as set forth in this staff report.

Staff recommends this alternative.

2. Do not approve the proposed Recommended Actions as set forth in this staff report. Staff does not recommend this alternative as the Municipal Code would not be consistent with State requirements.

FISCAL IMPACT
There are n o fiscal impacts anticipated from the approval and adoption of this Ordinance. However, it is anticipated that the proposed modifications will streamline business and development regulations, which would be expected to have a positive impact on business and development and thus positive fiscal impact to the City.

NOTIFICATION
Consistent with the City Municipal Code provisions, public notice was published in the Press Enterprise Newspaper.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Claudia Manrique Sean Kelleher
Associate Planner Acting Community Development Director

Concurred By:

Catherine Lin
Principal Planner

CITY COUNCIL GOALS
Revenue Diversification and Preservation. Develop a variety of City revenue sources and policies to create a stable revenue base and fiscal policies to support essential City services, regardless of economic climate.

Positive Environment. Create a positive environment for the development of Moreno Valley's future.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure
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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 XXX

APPROVALS

Budget Officer Approval ✓ Approved . 5/26/23 12:34 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 5/30/23 8:35 AM F.3
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ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO

VALLEY, CALIFORNIA, AMENDING VARIOUS SECTIONS WITHIN
TITLE 9 (PLANNING AND ZONING), INCLUDING CHAPTER 9.02
(PERMITS AND APPROVALS), CHAPTER 9.03 (RESIDENTIAL
DISTRICTS), CHAPTER 9.04 (COMMERCIAL DISTRI CTS), CHAPTER

9.09 (SPECIFIC USE DEVELOPMENT STANDARDS), AND CHAPTER

9.15 (DEFINITIONS) 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 e ither the staff or the Planning Commission may initiate amendments to the provisions of Title 9; and
WHEREAS, staff has recommended to the Planning Commission that it recommend that the City Council adopt several amendments to Title 9, which include revising certain provisions of Chapter 9.02 (Permits and Approvals), Chapter 9.03 (Residential Districts), Chapter 9.04 (Commercial Districts), Chapter 9.09 (Specific Use Development Standards), and Chapter 9.15 (Definitions) (collectively referred to herein as “PEN23-0047”); and
WHEREAS, PEN23-0047 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 PEN22-0047 is consistent with the MOVAL 2040 General Plan and its goals, objectives, policies, and pro grams, and with any applicable specific plan; and
WHEREAS, staff has further determined that PEN23-0047 will not adversely affect the public health, safety or general welfare; and
WHEREAS, staff has also determined that PEN23-0047 is consistent with the purposes and intent of Title 9; and
WHEREAS, staff has determined that PEN23-0047 amendments are exempt from the California Environmental Quality Act in accordance with Section 15061(b)(3) of the F.3.a
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Attachment: Ordinance XXX [Revision 1] (6275 : Spring 2023 Omnibus) 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 SECTION 9.02.020 (PERMITTED USES) Section 9.02.020 (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 9.02.320 (REASONABLE

ACCOMMODATION PROCEDURES)
Section 9.02.030 (Reasonable Acc ommodation Procedures) 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 9.03.050 (DENSITY BONUS

PROGRAM FOR AFFORDABLE HOUSING)
Section 9.03.050 (Density Bonus Program for Affordable Housing) of Chapter 9.03 (Residential Districts) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit C.

Section 6. ADDING SECTION 9.04.050 (AFFORDABLE HOUSING IN COMMERCIAL ZONES) TO CHAPTER 9.04 (COMMERCIAL

DISTRICTS)
Section 9.04.050 (Affordable Housing In Commercial Zones) of Chapter 9.04 (Commercial Districts) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit D.

Section 7. AMENDMENT TO SECTION 9.09.130 (ACCESSORY DWELLING UNITS)
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Attachment: Ordinance XXX [Revision 1] (6275 : Spring 2023 Omnibus) Section 9.09.130 (Accessory Dwelling Units) of Chapter 9.09 (Specific Use Development Standards) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit E.

Section 8. AMENDMENT TO SECTION 9.09.150 (SENIOR CITIZEN

HOUSING)
Section 9.09.150 (Senior Citizen Housing) of Chapter 9.09 (Specific Use Development Standards) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit F.

Section 9. AMENDMENT TO SECTION 9.09.160 (RESIDENTIAL CARE

FACILITIES)
Section 9.09.160 (Residential Care Facilities ) of Chapter 9.09 (Specific Use Development Standards of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit G.

Section 10. AMENDMENT TO SECTION 9.09.170 (EMERGENCY HOMELESS

SHELTERS)
Section 9.09.170 (Emergency Homeless Shelters ) of Chapter 9.09 (Specific Use Development Standards) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit H.

Section 11. AMENDMENT TO SECTION 9.09.170 (EMPLOYEE HOUSING) Section 9.09.170 (Employee Housing) of Chapter 9.09 (Specific Use Development Standards) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit I.

Section 12. ADDING SECTION 9.09.320 (LOW BARRIER NAVIGATION CENTERS) TO CHAPTER 9.09 (SPECIFIC USE DEVELOPMENT

STANDARDS)
Section 9.09.320 (Low Barrier Navigation Center) of Chapter 9.09 (Specific Use Development Standards) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit J.

Section 13. ADDING SECTION 9.09.330 (GROUP HOMES) TO CHAPTER 9.09 (SPECIFIC USE DEVELOPMENT STANDARDS)
Section 9.09.330 (Group Homes) of Chapter 9.09 (Specific Use Development Standards) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit K.

Section 14. AMENDMENT TO SECTION 9.15.030 (DEFINITIONS) Section 9.15.030 (Definitions) of Chapter 9.15 (Definitions) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit L.

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Attachment: Ordinance XXX [Revision 1] (6275 : Spring 2023 Omnibus) Section 15. CEQA COMPLIANCE
That PEN23-0047 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, and with respect to implementation of Assembly Bill 2011 and Senate Bill 6 (collectively, “Bills”), is exempt from CEQA pursuant to the express provisions of said Bills.

Section 16. FINDINGS
The ordinance is consistent with the City’s 2040 General Plan.

Section 17. 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 18. 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 19. EFFECTIVE DATE
That this Ordinance shall take effect thirty (30) days after its second reading.

Section 20. 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 XXX [Revision 1] (6275 : Spring 2023 Omnibus) INTRODUCED at a regular meeting of the City Council on ___ _, ____, and PASSED, APPROVED, and ADOPTED by the City Council on ______ __, ___, 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 XXX [Revision 1] (6275 : Spring 2023 Omnibus)

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. 2023 - XX 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 , 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 XXX [Revision 1] (6275 : Spring 2023 Omnibus) Exhibit A

9.02.020 Permitted uses.

The following tables contain columns with headings identifying zoning districts, and list uses by indicating the zoning district or districts in which each use is permitted or allowed and whether the stated use is permitted subject to district requirements, or whether the stated use is allowed only after obtaining a conditio nal use permit. Where the table indicates, a use is allowed with conditional use permit, unless otherwise expressly provided, all district uses and other standards and requirements shall apply. Permitted Uses Table 9.02.0 20-1 identifies all zoning districts within the city except for the mixed-use zones/corridors and mixed-use overlay districts, which are in Permitted Uses Table 9.02.020-2.

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 (including helipads and facilities for quadcopters)18 C C C C C C C C
Ambulance Service ⧫ ⧫ X X X X
Amusement Parks, Fairgrounds18 ⧫ X
Animal Raising (see Section 9.09.090 of this title)18 X X X X X X X X X X X X X X X X X X X X X X X X X X Appliance and Electronic Repair Shops X X X X X X X X Arcades, Video Machines ⧫ X ⧫
Athletic Clubs, Gymnasiums and Spas18 X X X X X X X X X X Auction Houses18 X X
Auditoriums18 ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫
Auto Electronic Accessories and Installation X X X X Automobile Fleet Storage X X
Automobile, Motorcycle, Truck, Golf Cart, Recreational
Vehicle and Boat Sales and Incidental Minor Repairs and Accessory Installations
⧫ X X
Auto Service Stations
Accessory uses include convenience store and car wash ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ F.3.a
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Attachment: Ordinance XXX [Revision 1] (6275 : Spring 2023 Omnibus) Exhibit A

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 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
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Attachment: Ordinance XXX [Revision 1] (6275 : Spring 2023 Omnibus) Exhibit A

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
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
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 X X X X X X X X X X X X ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ C Delicatessens18 X X X X X X X X X X
Diaper Supply Service X
Laundry with fleet storage18 X
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Attachment: Ordinance XXX [Revision 1] (6275 : Spring 2023 Omnibus) Exhibit A

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
Disposal company X
Drapery Shops X X X X X X
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 X X X C C C X C C
Employee Housing18 X X X X
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
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 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 F.3.a
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Attachment: Ordinance XXX [Revision 1] (6275 : Spring 2023 Omnibus) Exhibit A

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
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 ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ Low Barrier Navigation Centers18 X X X X X X X X Lumberyards X X
Mail Order House X X X X X
Manufacturing and Assembly18
a. Custom and light manufacturing indoor uses only (50,000 square feet or less), with light truck traffic, on-site and wholesaling of goods produced

X 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
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Attachment: Ordinance XXX [Revision 1] (6275 : Spring 2023 Omnibus) Exhibit A

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
Mobile Home Sales or Rentals (outdoor display) C Mortuaries
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 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 ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ F.3.a
Packet Pg. 389
Attachment: Ordinance XXX [Revision 1] (6275 : Spring 2023 Omnibus) Exhibit A

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
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
Affordable Housing in Commercial Zones20 X X X X X X X X Manufactured home park (see mobile home parks)
Residential Care Facility
for six (6) or less persons18 X X X X X X X X X X X X
for seven or more persons18 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
F.3.a
Packet Pg. 390
Attachment: Ordinance XXX [Revision 1] (6275 : Spring 2023 Omnibus) Exhibit A

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
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
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
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 F.3.a
Packet Pg. 391
Attachment: Ordinance XXX [Revision 1] (6275 : Spring 2023 Omnibus) Exhibit A

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
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) (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. (20) See Section 9.04.050 (Affordable Housing in Commercial Zones) (21) See Section 9.09.320. 9.09.320 Low barrier navigation centers.

F.3.a
Packet Pg. 392
Attachment: Ordinance XXX [Revision 1] (6275 : Spring 2023 Omnibus) Exhibit A

Zoning District Key
HR Hillside Residential District MU Mixed Use Overlay District RR Rural Residential District MUN Mixed-Use Neighborhood Overlay District R1 Residential 1 District (40,000 square feet minimum lot size) MUC Mixed-Use Community Overlay District RA2 Residential Agriculture 2 (20,000 square feet minimum lot size) MUI Mixed-Use Institutional Anchor Overlay District R2 Residential 2 District (20,000 square feet minimum lot size) NC Neighborhood Commercial District R3 Residential 3 District (10,000 square feet minimum lot size) CC Community Commercial District R5 Residential 5 District (7,200 square feet minimum lot size) VC Village Commercial District RS10 Residential Single-Family 10 District (4,500 square feet minimum lot size) OC Office Commercial District R10 Residential 10 District (Up to 10 Dwelling Units per net acre) O Office District R15 Residential 15 District (Up to 15 Dwelling Units per net acre) P Public District R20 Residential 20 District (Up to 20 Dwelling Units per net acre) I Industrial District R30 Residential 30 District (Up to 30 Dwelling Units per net acre) LI Light Industrial BP Business Park District
BPX Business Park-Mixed Use District
OS Open Space District

F.3.a
Packet Pg. 393
Attachment: Ordinance XXX [Revision 1] (6275 : Spring 2023 Omnibus) Exhibit A

Permitted Uses Table 9.02.020-2 MIXED USE ZONES
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 allow ed without a conditional use permit regardless of its distance from residential zones or residential uses.

A - Indicates a use is permitted with an adult business use permit, providing the requirements of Section 9.09.030 of this title are met.

S - Indicates a use is permitted, providing the requirements of 9.09.280 (Smoke Shops) of this title are met. A conditional use permit is required if dictated by the distance criteria.

M - Indicates a use is allowed with a conditional use permit, providing the requirements of 9.09.290 (Commercial Cannabis Activities) of this title are met.

Mixed Use Districts Mixed Use Overlay
BF
District
H-OC
District
COMU
District
DC
District MUN(9,11) MUC(9,11) MUI(8,10,11)
Adult Businesses
Agricultural Uses—Crops Only18 X X X X X X
Agricultural (involving structures)
Aircraft Landing Facilities(including helipads and facilities for quadcopters)18 C Ambulance Service ⧫ ⧫ ⧫
Amusement Parks, Fairgrounds18
Animal Raising (see Section 9.09.090 of this title)18 X X X Appliance and Electronic Repair Shops X X X X
Arcades, Video Machines X
Athletic Clubs, Gymnasiums and Spas18 X X X X X X
Auction Houses18 X
Auditoriums18 X ⧫ X ⧫ ⧫ ⧫
Auto Electronic Accessories and Installation X X
Automobile Fleet Storage X
Automobile, Motorcycle, Truck, Golf Cart, Recreational Vehicle and Boat Sales and Incidental Minor Repairs and Accessory Installations ⧫ X ⧫
Auto Service Stations
⧫ Accessory uses include convenience store and car wash ⧫ Minor repairs to include auto/boat/motorcycle/RV (excludes major repair, paint, body work) X ⧫ ⧫ ⧫
Automotive, Boat, Motorcycle and RV Repair—Minor (includes brake, muffler and tire installation and repair) ⧫ ⧫
Automotive Paint and Body Repair—Major Engine Overhaul ⧫ ⧫ Auto Rentals X X
Auto Supply Stores X X X X X
Bakery Shops X X X X X X
Bakery—Commercial18
Banks—Financial Institutions18 X X X X X X
Barber and Beauty Colleges18 X X X X X X
Bars (Drinking Establishments)18
Bars C C C C C
Bars, with Limited Live Entertainment C C C C C
Boarding and Rooming Houses18 X X
Bowling Alley18 X X ⧫ ⧫ ⧫
Building Material Sales (with or without outdoor sales)18 ⧫ ⧫ Building Material Storage Yards18 X
F.3.a
Packet Pg. 394
Attachment: Ordinance XXX [Revision 1] (6275 : Spring 2023 Omnibus) Exhibit A

Bus, Rail and Taxi Stations18 ⧫ ⧫ ⧫
Business Equipment Sales (includes repairs) X X X X X X X Business Schools18 X X X X X X
Business Supply Stores X X X X X X X
Cabinet Shop X X
Caretakers Residence1 C X
Car Wash X X
Accessory to auto related use
Catering Service X X X X X
Cemetery (Human or Pet) With or Without Accessory Mortuary and Cremation Services (Minimum 10-acre site required)
Churches2, 18 ⧫ ⧫ ⧫ ⧫ ⧫ ⧫
Clubs18 ⧫ ⧫ ⧫ ⧫ ⧫ ⧫
Commercial Cannabis Activities17, 18
Cultivation
Dispensary M M
Manufacturing
Testing
Microbusiness M
Distribution Center
Commercial Radio or Television Stations
With on-site antenna ⧫ C
Without on-site antenna X X X
Communications Facilities (See Section 9.09.040 of this title) Computer Sales and Repairs X X X X X X X
Contractors Storage Yard
Convalescent Homes/Assisted Living18 ⧫ ⧫ ⧫ ⧫ ⧫
Convenience Stores
With drive-through X X
Without drive-through X X X X X X X
With alcohol sales ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫
Convention Hall, Trade Show, Exhibit Building with Incidental Food Services18 C C Copy Shops X X X X X X X
Country Club18 C
Dancing, Art, Music and Similar Schools18 X X X X X X
Day Care Centers18, 19 ⧫ ⧫ ⧫ ⧫ ⧫ ⧫
Delicatessens18 X X X X X X
Diaper Supply Service X
Laundry with fleet storage18
Disposal Company
Drapery Shops X X X X X X X
Dressmaking Shops X X X X X X X
Driving School18 X X X X X X X
Drug Stores X X X X X X X
Dry Cleaning or Laundry18
a. Dry Cleaning X X X X X X
b. Laundromat X X X X X X
F.3.a
Packet Pg. 395
Attachment: Ordinance XXX [Revision 1] (6275 : Spring 2023 Omnibus) Exhibit A

c. Laundry Commercial X
Emergency Shelters14 X X X X X X
Employee Housing18
Equestrian Centers, Riding Academies, Commercial Stables (including incidental sales of feed and tack)18 X
Exterminators X C
Feed and Grain Stores X X
Fire and Police Stations X X X X X X X
Floor Covering Stores (may include incidental repairs with installation service) X X X X X X X Fraternity/Sorority18
Frozen Food Locker
Gasoline Dispensing - Non-retail accessory to an auto-related use18 X X X Glass Shops and Glass Studios—Stained, etc. X X X
Golf Courses or Golf Driving Ranges with Incidental Commercial Uses18 C Handicapped Housing18 X X X X X
Heavy Equipment Sales and Rentals X
Hospitals18 ⧫ ⧫ ⧫
Hotels18
a. With 20% or less of the units containing kitchens X X X X X b. With over 20% of the units containing kitchens C C C C C Ice Cream Stores— Including Yogurt Sales X X X X X X X
Impound Yards C
Jewelry Stores X X X X X X X
Kennel and Catteries C C C C C
Laboratories (medical and dental)18 X X X X X X
Libraries18 X X X X X X X
Liquor Stores ⧫ ⧫ ⧫ ⧫
Live/Work Unit 12, 18 X X X X X
Locksmith Shops X X X X X X
Lodge Halls and Similar Facilities18 ⧫ ⧫ ⧫ ⧫ ⧫
Low Barrier Navigation Centers18 X X X X X
Lumberyards
Mail Order House
Manufacturing and Assembly18
a. Custom and light manufacturing indoor uses only (50,000 square feet or less), with light truck traffic, on-site and wholesaling of goods produced X
b. Custom and light manufacturing indoor uses only (more than 50,000 square feet), with light truck traffic, on-site and wholesaling of goods produced X
c. General manufacturing with frequent truck traffic and/or outdoor equipment or storage d. Retail sales of goods produced or warehoused on-site3 X Medical Clinics/Medical Care18
Inpatient care X X X X X X
Urgent care X X X X X X
Medical device services and sales (retail), including, but not limited to, fittings for and sale of prosthetic and orthotic devices X X X X X
Medical equipment supply, including retail sales for in-home medical care, such as wheelchairs, walkers, and respiratory equipment X X X X X
F.3.a
Packet Pg. 396
Attachment: Ordinance XXX [Revision 1] (6275 : Spring 2023 Omnibus) Exhibit A

Mobile Home Parks18
Mobile Home Sales or Rentals (outdoor display)
Mortuaries18
With cremation services
No cremation services ⧫ ⧫
Museums18 X X X X X X
Newspaper and Printing Shops X X X X X X X
Nightclubs18 C C C C
Nursery, (Plant), Wholesale and Distribution X X
Offices (administrative and professional)18 X X X X X X X Open Air Theaters18 X C
Orphanages18
Painting Contractor X
Parcel Delivery Terminals18
Parking Lot X X X C
Parks and Recreation Facilities (public)18 X X X X X X Personal Services (e.g., nail salons, spa facilities15, barber and beauty shops, and tattoo parlors)18 X X X X X X X Pharmacy4 X X X X X X X
Photo Studios X X X X X X X
Plumbing Shops X X
Plumbing Supply Stores for Contractors X
Pool Hall18 ⧫ ⧫
Postal Services X X X X X X
Pottery Sales with Outdoor Sales X X X X X X X
Public Administration, Buildings and Civic Centers18 X X X X X Public Utility Stations, Yards, Wells and Similar Facilities, Excluding Offices18 ⧫ ⧫ ⧫ Racetracks18
Record Store X X X X X
Recording Studio X X X X X X X
Recreational Facilities (Private) such as Tennis Club, Polo Club, with Limited Associated Incidental Uses18 ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫
Recycling, Large Collection Facility5
Recycling, Small Collection Facility X X X X X X
Recycling Processing Centers
Refreshment Stands X X X
Rental Service
Within an enclosed structure (furniture, office, party supplies) X X X X X With outdoor storage and display (vehicles, equipment, etc.) ⧫ Research and Development18 X X X X X X X
Residential18
Single-Family X
Multiple-Family X X X X X
Affordable Housing in Commercial Zones20 X X X X X X
Manufactured home park (see mobile home parks)
Residential Care Facility
for six (6) or less persons18 X X X X X
for seven or more persons18 C C C C X
F.3.a
Packet Pg. 397
Attachment: Ordinance XXX [Revision 1] (6275 : Spring 2023 Omnibus) Exhibit A

Restaurants (Eating and Drinking Establishments) 18
Without entertainment X X X X X X
With Limited Live entertainment X X X X X
With alcoholic beverage sales X X X X X
With outdoor seating13 X X X X X X
Restaurants (fast-food) 18
With drive-through X ⧫ ⧫ ⧫
Without drive-through X X X X X X X
Retail Sales X X X X X X X
Support Retail Sales X X X X X
Sandwich Shops6 X X X X X X X
Schools, Private ⧫ C ⧫ ⧫ ⧫
Senior Housing X X X X X
Shoe Shine Stands X X X X X X X
Shoe Repair Shop X X X X X X
Sign Shop X X X X X X
Single room occupancy (SRO) facility18 C C C
Skating Rinks18 X X X
Smoke Shops16 S S
Stationery Stores X X X X X X
Statue Shop -Outdoor display X
Storage Lots and Mini- Warehouses
Indoor C C
Outdoor C
Swim Schools/Center with Incidental Commercial Uses18 X C Taxidermist X
Theaters (excludes open air)18 X X X X X
Tire Recapping
Trade and Vocational Schools18 X X X X X X
Transfer, Moving and Storage Facilities X
Transit Center X
Truck Wash
Upholstery Shops X X
Vehicle Storage Yards
Indoor X
Outdoor
Vending Machine Service and Repair
Veterinarian (including animal hospital)18 X
All activities within an enclosed structure X X X X X X X With outdoor activities ⧫
Weight Reduction Center X X X X X X X
Wholesale, Storage, and Distribution18
All activities indoors (50,000 square feet or less) X
All activities indoors (more than 50,000 square feet) X All activities outdoors
Retail sale of goods warehoused on-site7 X
Wrecking Yard X
F.3.a
Packet Pg. 398
Attachment: Ordinance XXX [Revision 1] (6275 : Spring 2023 Omnibus) Exhibit A

Zoning District Key
BF Business Flex MU Mixed Use Overlay
DC Downtown Center MUN Mixed-Use Neighborhood Overlay
COMU Corridor Mixed Use MUC Mixed-Use Community Overlay H-OC Highway – Office/Commercial MUI Mixed-Use Institutional Anchor Overlay

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) (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. (20) See Section 9.04.050 (Affordable Housing in Commercial Zones) F.3.a
Packet Pg. 399
Attachment: Ordinance XXX [Revision 1] (6275 : Spring 2023 Omnibus) Exhibit B

9.02.320 Reasonable accommodation procedures.

A. Purpose and Intent. It is the purpose of this section to provide reasonable accommodations in the city’s zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.

B. Definitions. The following terms as used in this section shall, unless the context clearly indicates otherwise, have the following meanings:
“Applicant” means a person, business, or organization making a written request to the city for reasonable accommodation in the strict application of the city’s zoning and land use laws, rules, policies, practices and/or procedures. “Fair Housing Laws” means the Federal Fair Housing Act (42 U.S.C. Section 3601, et seq.), the Americans with Disabilities Act, and the California Fair Employment and Housing Act (California Government Code Section 12900, et seq.), as these statutes now exist or may be amended from time to time, and each Act’s implementing regulations.
“Person with a disability” means an individual who has a physical or mental impairment that limits one or more of that person’s major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment. Such an impairment shall not include an individual’s current, illegal use of a controlled substance.
“Reasonable accommodation” in the land use and zo ning context, reasonable accommodation means providing individuals with disabilities or developers of housing for people with disabilities with flexibility in the application of land use and zoning and building regulations, policies, practices and procedur es, or even waiving certain requirements, when it is necessary to eliminate barriers to provision of housing or service opportunities.
"Special Needs Populations" means disabled households, agricultural workers, single- parent households, survivors of phys ical abuse, homeless persons or persons at risk of becoming homeless, chronically ill persons including those with HIV and mental illness, displaced teenage parents (or expectant teenage parents), homeless youth as defined in Government Code section 11139. 5, individuals exiting from institutional settings, chronic substance abusers, or other specific groups with unique housing needs as determined by the State. "Special Needs Populations" do not include seniors or the frail elderly unless they otherwise qualify as a Special Needs Population.”)
C. Authority of the Planning Official. The planning official is hereby designated to approve, conditionally approve, or deny, without public hearing, all applications for a reasonable accommodation.

D. Procedure for Application Review.

1. Applicant. A request for a reasonable accommodation may be made by any person with a disability, his or her representative, or a developer or provider of housing for individuals with a disability.

2. Application. An application for a reasonable accommodation shall be made on a form provided by the planning department. No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other F.3.a
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discretionary permits. If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible.

3. Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the disc retionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit.

4. Required Submittals. An application for a reasonable accommodation shall include the following:
a. Documentation that the applicant is: (i) a person with a disability, (ii) applying on behalf of one or more persons with a disability, or (iii) a developer or provider of housing for one or more persons with a disability;
b. The name and address of the individual(s) requesting the reasonable accommodation;
c. The name and address of the property owner(s);
d. The address of the property for which accommodation is requested; e. A description of the reasonable accommodation requested by the applicant;
f. An explanation of how the specific reasonable accommodati on requested by the applicant is necessary to provide one or more persons with a disability an equal opportunity to use and enjoy the residence;
g. Where applicable, documentation that the requested
accommodation is designed and constructed pursuant to Title 24 of the California Code of Regulations to allow access, circulation and full use of the building and facilities by persons with disabilities.

5. The planning director may request additional information from the applicant if the application does not provide sufficient information for the city to make the findings required in subsection E of this section.

E. Basis for Approval or Denial of a Reasonable Accommodation.

1. Findings. The written decision shall be based on the following findings, all of which are required for approval:
a. The requested accommodation is requested by or on behalf of one or more persons with a disability protected under the Fair Housing Laws.
b. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.
c. The requested accommodation will not impose an undue financial or administrative burden on the city.
d. The requested accommodation will not result in a fundamental alteration in the nature of the city’s zoning program.

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e. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

2. In determining whether the requested reasonable a ccommodation is necessary to provide one or more persons with a disability an equal opportunity to use and enjoy a dwelling, the city may consider, but is not limited to, the following factors:
a. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability; b. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;
c. In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants;
d. In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.

3. Rules While Decision Is Pending. While a re quest for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

F. Notice of Decision.

1. The planning director shall issue a written determina tion to approve, conditionally approve, or deny a request for a reasonable accommodation.

The planning director may elect to forward the matter to the planning commission for consideration of the application.

2. Appeals of the director’s action shall be made in accordance with Section

9.02.240.

G. Expiration, Time Extension, Violation, Discontinuance, and Revocation.

1. Expiration. Any reasonable accommodation approved in accordance with the terms of this section shall expire within twenty-four (24) months from the effective date of the approval, or at an alternative time specified as a condition of the approval, unless:
a. A building permit has been issued and construction has commenced; b. A certificate of occupancy has been issued;
c. The use is established; or
d. A time extension has been granted.

2. Time Extension.
a. The planning director may, upon an application being filed prior to expiration and for good cause, grant a time extension of up to three one-year extensions of time. Each extension of time shall be granted in one -year increments only. Upon granting of an extension, the planning director shall ensure that conditions of the administrative F.3.a
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approval comply with all current development code provisions. b. Notice. Notice of the planning director’s decision on a time extension shall be provided in writing. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process.
c. Appeal of Determination. A time extension for a reasonable accommodation shall be final unless appe aled to the city council within fourteen (14) calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in Section

9.02.240 of this code.

3. Discontinuance. If the person(s) with a disability for whom the reasonable accommodation was originally granted vacate the residence to which the reasonable accommodation applies the reasonable accommodation shall remain in effect only if the planning director determi nes that: (a) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the municipal code; or (b) the accommodation is necessary to give another person with a disability an equal opportunity to enjoy the dwelling. The planning director may request that the applicant, or his/her successor -in-interest, provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within thirty (30) day s of the date of a request by the city shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation.

4. Revocation. Procedures for revocation shall be as prescribed by Section

9.02.260. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.

H. Amendments. A request for changes in conditi ons of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The planning director may waive the requirement for a new application if the changes are minor, do not invo lve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.

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9.03.050 Density bonus program for affordable housing.

A. Purpose and Intent. This section is adopted pursuant to the provisions of California Government Code Sections 65915 through 65918, as they now exist or may hereafter be amen ded. The purpose of adopting this section is to encourage affordable housing by providing the incentive of increased density and such other incentives provided by this section. The provisions of this section are intended to comply with California Government Code Sections 65915 through 65918. In the event that any provision of this section conflicts with California Government Code Sections 65915 through 65918, state law shall control over the conflicting provision.

B. Applicability. A housing development as defined in this section and Government Code Section 65915 shall be eligible for a density bonus and other incentives that are provided by State Density Bonus Law when the applicant agrees to construct low, very-low, senior or moderate income housing units or units intended to serve transitional foster youth, disabled veterans, and lower income students as specified in this section, and State Density Bonus Law.

C. Application Requirements. A density bonus may be approved pursuant to an application for approval of a density bonus, provided the request complies with the provisions of this section. An application for a density bonus incentive, concession, waiver, or modifications of development standards pursuant to this section, shall be submitted with the first appli cation for approval of a housing development and processed concurrently with all other applications required for the housing development. The application shall be submitted on a form prescribed by the city and shall include at least the following information:

1. A site plan that identifies all units in the project, including the location of the affordable units and the bonus units.

2. A narrative briefly describing the housing development and shall include information on:
a. The number of units permitted under the general plan; b. The total number of units proposed in the project, including the floor area, and the number of bedrooms and bathrooms associated with each dwelling unit. Density bonus units shall have at least the same distribution of bedrooms as the market rate units in the development.

Density bonus units shall be constructed concurrently with the construction of market rate units;
c. Target income of affordable housing units and proposals for ensuring affordability;
d. The number of bonus units requested based on subsection (E)(3) of this section.

3. Description of any requested incentives, concessions, waivers, or modifications of development standards. For all incentives and concessions that are not included within the menu of incentives/concessions set forth in subsections G and H of this section, the application shall include a pro forma providing evidence that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions. The cost of reviewing any required pro forma or other financial data submitted as part F.3.a
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of the application in support of a request for an incentive/concession or waiver/modification of developments standard, including, but not limited to, the cost to the city of hiring a co nsultant to review said financial data, shall be borne by the developer. The pro forma shall include all of the following items:
a. The actual cost reduction achieved through the incentive; b. Evidence that the cost reduction allows the applicant to provid e affordable units or affordable sales prices; and
c. Other information requested by the community development director.

The community development director may require any pro forma include information regarding capital costs, equity investment, debt service, projected revenues, operating expenses, and such other information as is required to evaluate the pro forma.

4. Any such additional information in support of a request for a density bonus as may be requested by the community development director.

D. Eligibility for Bonus. A developer of a housing development containing five or more units may qualify for a density bonus and at least one other incentive as provided by this section if the developer does one of the following:

1. Agrees to construct and maintain at least five (5) percent of the units dedicated to very low income households;

2. Agrees to construct and maintain at least ten (10) percent of the units dedicated to lower income households;

3. Agrees to construct and maintain at least ten (10) percent of the units in a common interest development (as defined in Section 4100 of the California Civil Code ) dedicated to moderate income households, provided that all units in the development are offered to the public for purchase;

4. Agrees to construct and maintain a senior citizen housing development, as defined in Section 9.09.150 of this title, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code;

5. Land Donations. An applicant for a tentative subdivision map, parcel map, or other residential development approval that donates land to the city in accordance with Government Code Section 65915(g) shall be eligible for a density bonus in accordance with the terms and conditions of Government Code Section 65915(g);

6. Includes a qualifying child care facility as described in the “Child Care Facility Requirements” subsection (J)(2) of this section in addition to providing housing as described in subsections (D)(1) through (3) of this section;

7. Agrees to construct and maintain at least ten (10) percent of the units of a housing development for transitional foster youth, as defined in Section 66025.9 of the California Education Code; disabled veterans, as defined in Section 18541 of the California Government Code; or homeless persons, as defined in the federal McKinney -Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), dedicated to very low income households; F.3.a
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8. Agrees to construct and maintain at least twenty (20) percent of the units for lower income students in a student housing development dedicated for full-time students at accredited colleges pursuant to the “Student Housing” subsection K of this section; or

9. Agrees to construct and maintain one hundred (100) percent of the units, including total units and density bonus units, but exclusive of a manager’s unit or units, dedicated to lower income hou seholds, except that no more than twenty (20) percent of the units, including total units and density bonus units, may be dedicated to moderate income households.

10. Religious institution affiliated housing development projects (RIAHD) may qualify for a d ensity bonus under California Government Code Section 65915. For RIAHD parking requirements, see Section 9.11.040(D).

E. Density Bonus Calculation and Allowance.

1. State Law Preemption. Pursuant to state law, the granting of a density bonus or the granting of a density bonus together with an incentive(s) shall not be interpreted, in and of itself, to require a general plan amendment, specific plan amendment, rezone, or other discretionary approvals.

2. Density Bonus Calculation. An applicant must choose a density bonus from only one applicable affordability category and may not co mbine categories with the exception of child care facilities or land donation, which may be combined with an affordable housing development. All density calculations resulting in fractional units will be rounded up to the next whole number.

3. Density Bonus Allowance. In calculating the number of units required for very low, lower and moderate income households, the density bonus units shall not be included. The maximum bonus allowed for a one hundred (100) percent affordable project is eighty (80) percent unless it is located within a half-mile of a major transit stop, and then there is no limit to density. A housing development that satisfies all applicable provisions of this section shall be allowed the following applicable density bonuses:
a. Very low in come per California Government Code Section 65915(f)(2).
b. Lower income per California Government Code Section 65915(f)(1). c. Moderate income per California Government Code Section 65915(f)(4).

The community development department has on file a density bonus chart consistent with the Government Code sections above.

4. Senior Citizen Housing Development. The density bonus for a senior citizen housing development is addressed in Sec tion 9.09.150 (Senior and handicapped housing) of Chapter 9.09 (Specific Use Development Standards).

5. Child Care Facility. A project (whether a housing, commercial, or industrial project) is eligible for a density bonus f or a child care facility when in compliance with this section and California Government Code Section 65917.5.

6. Conversion of Apartments to Condominiums. A project is eligible for a twenty-five (25) percent density bonus for the conversion of apartments to F.3.a
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condominiums when in compliance with California Government Code Section 65915.5.

7. Foster Youth, Disabled Veterans, and Homeless Persons. The density bonus for a housing development for transitional foster youth, disabled veterans, or homeless persons shall be twenty (20) percent.

8. Students. The density bonus for a student housing development that provides housing for students consistent with subsection K of this section shall be thirty-five (35) percent. Twenty (20) percent of the units granted by the density bonus shall be used for lower income students.

9. One Hundred (100) Percent Affordable. The density bonus for a one hundred (100) percent affordable housing development consistent with subsection (D)(9) (Eligible for Bonus) of this section shall be eighty (80) percent of the number of units for lower income households. Except that, if the affordable housing development is located within one -half mile of a major transit stop, maximum density requirements shall not apply.

F. Continued Affordability. Prior to issuance of a buildin g permit, the developer/property owner must enter into a density bonus housing agreement with the city for at least fifty -five (55) years by recorded document ( Government Code Section 65915(c)). Such agreement shall be recorded and shall be binding on the property owner and any successors-in-interest. In addition, a density bonus project must comply with specific requirements for any existing units that are to be demolished as outlined in subsection P of this section. Additional details regarding requirements for continued affordability and the density bonus housing agreement are included in subsection O.

G. Incentives Available to Housing Projects.

Incentives are available to a housing developer as follows:

Number of
Incentives/Concessions
Very Low Income
Percentage
Lower Income
Percentage
Moderate Income
Percentage
1 5% 10% 10%
2 10% 17% 20%
3 15% 24% 30%
4 100% Low/Very
Low/Mod (20%
Moderate allowed)
100% Low/Very
Low/Mod (20%
Moderate allowed)
100% Low/Very
Low/Mod (20%
Moderate allowed)
If the project is located within one -half mile of a major transit stop, the applicant shall also receive a height increase of up to three additional stories, or thirty-three (33) feet.

H. Available Incentives/Concessions. A qualifying project may be entitled to up to four incentives, depending on the percentage of affordable housing that will be included within the development.

1. A concession falls within three categories (California Government Code Section 65915(k)(1, 2 & 3)):
a. Reduction in the site development standards of this development code (e.g., site coverage, off -street parking requirements, reduced lot dimensions, and/or setback requirements);
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b. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if such uses are compatible with the housing project and the existing or planned development in the area; and/or
c. Other regulatory incentives or concessions proposed by the developer or the city that will result in identifia ble and actual cost reductions.

2. Additional Incentive/Concession. The developer may receive a fifty (50) percent reduction of the development impact fee and the park land impact mitigation fee for the units affordable to very low income households and a twenty-five (25) percent reduction for those units affordable to lower income households.

I. Parking Requirements. If an applicant qualifies for a density bonus pursuant to this section, reduced parking requirements are available for projects qualifying fo r a density bonus pursuant to this section. The parking requirement is inclusive of accessible and guest parking for the entire housing development, but shall not include on-street parking spaces in the count towards the parking requirement. In calculating the number of parking spaces required for a development, if the total number of parking spaces is other than a whole number, the number shall be rounded up to the next whole number.

1. Except as otherwise provided in this subsection, the following parking requirements shall apply:
a. Zero to one bedroom: one on-site parking space.
b. Two to three bedrooms: one and one-half on-site parking spaces. c. Four or more bedrooms: two and one-half on-site parking spaces.

2. If the housing development includes at le ast twenty (20) percent lower income units or at least eleven (11) percent very low income units, is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development, then the parking requirement shall be reduced from one -half on-site parking space per bedroom to one - half on-site parking space per unit.

3. If a housing development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lo wer income families, as provided in Section 50052.5 of the California Health and Safety Code, then no parking spaces shall be required as long as the development meets either of the following criteria:
a. The development is located within one -half mile of a major transit stop and there is unobstructed access to the major transit stop from the development; or
b. The development is a for -rent housing development for individuals who are sixty -two (62) years of age or older that complies with Sections 51.2 and 51.3 of the California Civil Code and the development has either paratransit service or un obstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

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4. If a housing development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lower in come families, as provided in Section 50052.5 of the California Health and Safety Code, and the development is either a special needs housing development, as defined in Section 51312 of the California Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the California Health and Safety Code , then no parking spaces shall be required. A development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

Number of Bedrooms Required Parking Spaces per Unit*, ** 0 to 1 bedroom 1
2 to 3 bedrooms 1.5
4 or more bedrooms 2.5
Projects with at least 20% low -income units, or at least 11% very low-income units*** 0.5
100% affordable housing projects **** No requirement
* If the total number of spaces required results in a fractional number, it shall be rounded up to the next whole number.
** If a residential or mixed residential/commercial development project includes the required percentage of low, very low-income, or includes a minimum 10 percent transitional foster youth, veteran, or homeless persons units, or provides for-rent housing for individuals who are 62 years of age or older, or is a special needs housing development and is located within one -half mile of a major transit stop where there is unobstructed access to a major transit stop from the development, then, upon the request of the developer, a parking ratio not to exceed 0.5 spaces per bedroom shall apply to the residential portion of the development.
*** Must be located within one -half mile of a major transit stop, with unobstructed access to the major transit stop from the development.
**** Must be loca ted within one-half mile of a major transit stop, with unobstructed access to the major transit spot from the development OR for individuals 62 years of age or older and has either paratransit service or unobstructed access within one-half mile, to fixed bus route service that operates at least eight times per day.

J. Child Care Facilities.

1. Child Care Facility Density Bonus. When an applicant proposes to construct a housing development that is eligible for a density bonus under subsection D (Eligibility for Bonus) of this section and California Government Code Section 65917.5, and includes a child care facility that will be located on the premises or adjacent to the housing development, the city shall grant either:
a. An additional density bonus that is an amoun t of square feet of residential space that is equal to or greater than the square footage of the child care facility or
b. An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

2. Child Care Facility Requirements. The city shall require, as a condition of approving the housing development, that the following occur:
a. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the F.3.a
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affordable units are required to remain affordable per this section; and
b. Of the children who attend the child care facility, the children of very low income households, lower income households or families of moderate income households shall equal a percentage that is equal to or greater than the percentage of affordable units in the housing development that are required for very low, lower or families of moderate income households.

3. Child Care Facility Criteria. The city shall not be required to provide a density bonus or incentive for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.

K. Student Housing.

1. Student Housing Density Bonus Requirements. In or der for a student housing development to be eligible for a density bonus under subsection (D)(8) of this section, the student housing development must meet the following requirements:
a. All units in the student housing development shall be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. The de veloper shall, as a condition of receiving a certificate of occupancy, provide evidence to the city that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institut ions to occupy all units of the student housing development with students from that institution or institutions.
b. Twenty (20) percent of the density bonus units will be used for lower income students. For purposes of this clause, “lower income students” means students who have a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in paragraph (1) of subdivision (k) of Section 69432.7 of the California Education Code.
c. The rent provided in the applicable units of the development for lower income students shall be calculated at thirty (30) percent of sixty-five (65) percent of the area median income for a single-room occupancy unit type.
d. The development will provide priority for the applicable affordable units for lower income students experiencing homelessness.

2. Definition of Units. For purposes of calculating a density bonus granted for a student housing development, the term “unit” means one rental bed and its pro rata share of associated common area facilities.

L. Shared Housing.

1. Shared Housing Density Bonus Requirements. In order for a shared housing development to be eligible for a density b onus under subsection F.3.a
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(D)(1), (D)(2), (D)(4) or D(9) of this section, the shared housing development must meet the following requirements:
a. Shared-housing building is defined as a residential or mixed -use structure with five or more housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents.
b. A shared housing building may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building.
c. A shared housing building may include incidental commercial uses, provided that those commercial uses are otherwise allowable and are located only on the ground floor or the level of the shared housing building closest to the street or sidewalk of the shared housing building.
d. A shared housing unit means one or m ore habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 o f Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code. e. Shared housing shall permit the same number of families at the same density as allowed in the zoning district where the property is located subject to all applicable codes relating to building, housing, life safety, health and zoning as would be applied to independent living units located in the same structure.

2. Definition of Units. For purposes of calculating a density bonus granted for a shared housing development, the term “unit” means one shared housing unit and its pro rata share of associated common area facilities.

M. General Guidelines.

1. Location of Bonus Units. As required by California Government Code Section 65915(i), the location of density bonus units within the qualifying housing development may be at the discretion of the developer, and need not be in the same area of the project where the units for the lower income households are located as long as the density bonus units are located within the same housing development.

2. Preliminary Review. A developer may submit to the community development director a preliminary proposal for the development of housing pursuant to this section prior to the submittal of any formal application for a density bonus. Within ninety (90) days of receipt of a written proposal, the city will notify the housing developer in writing of either: (a) any specific requirements or procedures under this section, which the proposal has not F.3.a
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met; or (b) the proposal is sufficient for preparation of an application for density bonus.

3. Infrastructure and Supply Capacity. Criteria to be conside red in analyzing the requested bonus will include the availability and capacity of infrastructure (water, sewer, road capacity, etc.) and water supply to accommodate the additional density.

N. Findings for Approval for Density Bonus and/or Incentive(s).

1. Density Bonus Approval. The following finding shall be made by the approving authority in order to approve a density bonus request:
a. The density bonus request meets the requirements of this section.

2. Density Bonus Approval with Incentive(s). The following findings shall be made by the approving authority in order to approve a density bonus and incentive(s) request:
a. The density bonus request meets the requirements of this section; b. The incentive is required in order to provide affordable housing; and c. Approval of the incentive(s) will have no specific adverse impacts upon health, safety, or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to very low, low, and moderate income households.

3. Denial of a Request for an Incentive(s). The approving authority shall make at least one of the following findings prior to disallowing an incentive (in the case where an accompanying density bonus may be approved, or in the case of where an incentive(s) is requested for senior housing or child care facility):
a. That the incentive is not necessary in order to provide for affordable housing costs as defined in subsection Q (Definitions) of this section, or for rents for the targeted units to be set as specified in subsection Q (Definitions) of this section.
b. That the incenti ve would result in specific adverse impacts upon health, safety, or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or a void the specific adverse impact without rendering the development unaffordable to very low, low, and moderate income households. c. That the incentive would be contrary to state or federal law.

O. Affordability Requirements.

1. The maximum monthly housing cost for density bonus units, including a monthly allowance for utilities plus rent for rental units or house payments for for-sale units, shall be set at or below the rates described below:
a. Density bonus units affordable to very low income households: thirty (30) percent of fifty (50) percent of the area monthly median income for Riverside/San Bernardino Counties adjusted by the number of F.3.a
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bedrooms according to regulations of the California Department of Housing and Community Development.
b. Density bon us units affordable to lower income households: thirty (30) percent of sixty (60) percent of the area monthly median income for Riverside/San Bernardino Counties adjusted by the number of bedrooms according to regulations of the California Department of Housing and Community Development.

2. The monthly allowance for utilities shall be the utility allowance calculated by the Department of Housing and Urban Development (HUD) for County Housing Authorities.

3. The monthly house payments for for -sale units desc ribed in subsection (N)(1) of this section includes the sum of principal and interest on a thirty (30) year fixed rate mortgage for ninety (90) percent of the sales price, loan insurance, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, and the fair share cost for maintenance of amenities owned in common such as landscaping and swimming pools.

4. Housing costs, affordable sales prices, and occupancy requirements, will be governed by a deed restriction which shall take precedence over all other covenants, liens and encumbrances of the property on which the units are constructed.

P. Affordable Housing Agreement Required.

1. General Requirements. No density bonus pursuant to this section shall be granted unless and until the affordable housing developer, or designee enters into an affordable housing agreement and, if applicable, an equity sharing agreement, with the city or its designee pursuant to and in compliance with this section ( Government Code Section 65915(c)). The agreements shall be in the form provided by the city, which shall contain terms and conditions mandated by, or necessary to implement, state law and this section. The affordable housing agreement shall be recorded prior to issuance of a building permit for a rental project or prior to final map recordation for an ownership project which includes a map. The community development director is hereby authorized to enter in to the agreements authorized by this section on behalf of the city upon approval of the agreements by the city attorney for legal form and sufficiency.

2. Low- or Very Low-Income Affordable Housing Component. a. The affordable housing developer of a qualif ied housing development based upon the inclusion of low -income and/or very low-income affordable units shall enter into an agreement with the city to maintain the continued affordability of the affordable units for fifty-five (55) years (for rental units) or 30 years (for for-sale units), or a longer period if required by the construction or mortgage financing assistance program, mortgage insurance program or rental subsidy program (Government Code Section 65915(c)(1)). The agreement shall establish specific compliance standards and specific remedies available to the city if such compliance standards are not met. The agreement shall specify the number of lower-income affordable units F.3.a
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by number of bedrooms; standards for qualifying household incomes or other qualifying criteria, such as age; standards for maximum rents or sales prices; the person responsible for certifying tenant or owner incomes; procedures by which vacancies will be filled and units sold; required annual report and monitoring fees; restrictions imposed on lower-income affordable units on sale or transfer; and methods of enforcing such restrictions, and any other information that may be required based on the city’s review.
b. Rental Units. Rents for the low -income and very low -income affordable units that qualified the housing development for the density bonus pursuant to this section shall be set and maintained at an affordable rent ( Government Code Section 65915(c)(1)). The agreement shall set rents for the lower -income density bonus units at an affordable rent as defined in California Health and Safety Code Section 50053, except for developments meeting the criteria of Government Code Section 65915(b)(1)(G), for which rents for all units in the development, including both base density and density bonus units, shall be as follows:
i. The rent for at least twenty (20) percent of the units in the development shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code.
ii. The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.
c. The agreement shall require that owner -occupied units be made available at an affordable housing cost as defined in Health and Safety Code Section 50052.5.
d. For-Sale Units. Owner -occupied low -income and very low -income affordable units that qualified the housing development for the density bonus pursuant to this section shall be available at an affordable housing cost ( Government Code Section 65915(c)(2)).

The affordable housing developer of a qualified housing development based upon a very low - or low -income minimum affordable component shall enter into an equity sharing agreement with the city or the master or non-affordable housing developer. The agreement shall be between the city and the buyer, or between developer and the buyer if the developer is the seller of the unit. The city shall enforce the equity sharing agreement unless it is in conflict with the requirements of another p ublic funding source or law (Government Code Section 65915(c)(2)). The equity sharing agreement shall include at a minimum the following provisions:
i. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment and the seller’s
proportionate share of appreciation. The city shall recapture F.3.a
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any initial subsidy, as defined in subsection (O)(2)(d)(ii), and its proportionate share of appreciat ion, as defined in subsection (O)(2)(d)(iii), which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that
promote homeownership.
ii. For purposes of this section, the city’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the very low -income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, the value at the time of the resale shall be used as the initial market value.
iii. For purposes of this subdivision, the city’s proportionate share of appreciation shall be equal to the ratio of the city’s initial subsidy to the fair market value of the home at the time of initial sale.

3. Moderate Income Affordable Housing Component.
a. The affordable housing developer of a qualified housing development based upon the inclusion of moderate -income affordable units in a common interest development shall enter into an agreement with the city ensuring that:
i. The initial occupants of the moderate-income affordable units that are directly related to the receipt of the density bonus are persons and families of a moderate-income household.
ii. The units are offered at an affordable housing cost (Government Code Section 65915(c)(2)).
iii. The affordable housing developer of a qualified housing development based upon a moderate -income minimum
affordable component shall enter into an equity sharing agreement with the city or the master or non -affordable housing developer ( Government Code Section 65915(c)(2)).

The agreement shall be between the city and the buyer or between the developer and the buyer if the developer i s the seller of the unit. The city shall enforce the equity sharing agreement unless it is in conflict with the requirements of another public funding source or law ( Government Code
Section 65915(c)(2)). The equity sharing agreement shall include at a minimum the following provisions:
iv. Upon resale, the seller of the unit shall retain the value of improvements, the down payment and the seller’s
proportionate share of apprec iation. The city shall recapture any initial subsidy, as defined in subsection (O)(3)(a)(v), and its proportionate share of appreciation, as defined in
(O)(3)(a)(vi), which amount shall be used within five years for any of the purposes described in Health and Safety Code F.3.a
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Section 33334.2(e) that promote homeownership
(Government Code Section 65915(c)(2)(A)).
v. The city’s initial subsidy shall be equal to the fair market value of the unit at the time of initial sale minus the initial sale price to the moderate -income household, plus the amount of any down payment assistance or mortgage assistance . If upon resale the market value is lower than the initial market value, the value at the time of the resale shall be used as the initial market value (Government Code Section 65915(c)(2)(B)).
vi. The city’s proportionate share of appreciation shall be equal to the ratio of the city’s initial subsidy to the fair market value of the unit at the time of initial sale (Government Code Section 65915(c)(2)(C)).

Q. Ineligible Projects—Required Replacement of Affordable Units.

1. An applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if:
a. The de velopment is proposed on any property that includes any existing affordable rental dwelling units occupied by lower or very low income households; or
b. If such affordable dwelling units have been vacated or demolished in the five-year period preceding the application, and
c. Such affordable dwelling units have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income. However, an applicant may establish eligibility if the proposed housing development replaces those units, and either of the following applies:
i. The proposed housing development, in addition to the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in subsection E of this section. ii. Each unit in the development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household.

2. The number and type of required replacement units shall be determined as follows:
a. For a development containing any occupied dwelling units, the development must contain at least the same number of replacement dwelling units, of equivalent size and bedrooms, and must be made affordable to and occupied by persons and families in the same or a lower income category as the occupied dwelling units. For unoccupied dwelling units in the development, the replacement dwelling units shall be made affordable to and occupied by persons and families in the same or lower income category as the last household in occupancy. If the income category of the last household is unknown, it is presumed, unless proven otherwise, that the dwelling units were occupied by lower income renter households in the same proportion of lower income r enter households to all renter F.3.a
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households within Riverside/San Bernardino Counties as
determined by the California Department of Housing and Community Development, and replacement dwelling units shall be provided in that same percentage.
b. If all of the dwelling units are vacant or have been demolished within the five years preceding the application, the development must contain at least the same number of replacement dwelling units, of equivalent size and bedrooms, as existed at the highpoint of those units in the five year period preceding the application, and must be made affordable to and occupied by persons and families in the same or a lower income category as those in occupancy at that same time. If the income categories are unknown for the highpoint , it is presumed, unless proven otherwise, that the dwelling units were occupied by very low income and low income renter households in the same proportion of very low income and low income renter households to all renter households within Riverside/San Bernardino Counties as determined by the California Department of Housing and Community Development, and replacement dwelling units shall be provided in that same percentage.

R. Definitions. For the purpose of this section, the following definitions shall ap ply unless the context clearly indicates or requires a different meaning.

1. “Approving authority” is as defined in the Moreno Valley Municipal Code Title 9, Zoning Section 9.02.030.

2. “Child care facility” is defined as a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school-age child care centers.

3. “Density bonus” is defined as an increase in density over the otherwise maximum allowable residential density under the applicable general plan designation as of the date of filing of an application for density bonus with the city or, if elected by the applican t, a lesser percentage of density increase. A density bonus request shall be considered as a component of a qualified housing development.

4. “Housing development” is defined as a development project for five or more residential units, including mixed -use developments, constructed within a parcel. For the purposes of this section, “housing development” also includes a subdivision or common interest development as defined in Section 4100 of the Civil Code and consists of residential units or unimproved residential lots. A density bonus shall be permitted in geographic areas of the housing development other than the areas where the affordable units are located, so long as the de nsity bonus units are located on the same parcel.

5. “Incentive” is defined as a reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission. An incentive can be requested by the applicant for purposes of reducing the cost of development to make F.3.a
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the project financially feasible. The term “incentive” includes the term “concession” as that term is used in California Government Code Sections 65915 through 65918.

6. “Located within one-half mile of a major transit stop” means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one- half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop.

7. “Lower income” is defined as less than eighty (80) percent of the area median income, as defined by Section 50079.5 of the California Health and Safety Code.

8. “Lower income unit” is defined as a unit with an affordable rent or payment that does not exceed thirty (30) percent of sixty (60) percent of area median income adjusted for family size appropriate for the unit.

9. “Major transit stop” is defined as a site containing any of the following: (a) an existing rail or bus rapid transit station; (b) a ferry terminal served by either a bus or rail transit service; or (c) the intersection of two or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods.

10. “Moderate income” is defined as less than one hundre d twenty (120) percent of the area median income, as defined in Section 50093 of the California Health and Safety Code.

11. “Moderate income unit” is defined as a unit with an affordable rent or payment that does not exceed thirty-five (35) percent of one hundred twenty (120) percent of area median income adjusted for family size appropriate for the unit.

12. “Unobstructed access to a major transit stop” means a resident is a ble to access the major transit stop without encountering natural or constructed impediments. “Natural or constructed impediments” includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include, residential structures, shopping centers, parking lots, or rails used for transit.

13. “Very low income” is defined as less than fifty (50) percent of the area median income, as defined in Section 50105 of the California Health and Safety Code.

14. “Very low income unit” is defined as a unit with an affordable rent or payment that does not exceed thirty (30) percent of fifty (50) percent of the area median income, adjusted for family size appropriate for the unit.

S. Interpretation. If any portion of this section conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with State Density Bonus Law.

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9.04.050 Affordable Housing in Commercial Zones
A. Purpose and Intent. This section is adopted pursuant to the provisions of Assembly Bill 2011, known as the “Affordable Housing and High Road Jobs Act of 2022,” and Senate Bill 6, known as the “Middle Clas s Housing Act of 2022”. The bills have been designed to help address the state’s continuing housing crisis.

B. Applicability. This section establishes clear eligibility criteria for the use of commercial- zoned properties for multiple-family developments.

1. AB 2011 Mixed-Income Housing Projects are permitted in:
a. Zoning districts where office, retail, or parking are a principally permitted use; and

2. AB 2011 100% Affordable Housing Projects are permitted in:
a. Zoning districts where office, retail, or parking are a principally permitted use.

3. SB 6 Projects are permitted in:
a. Zoning districts where office, retail, or parking are a principally permitted use.

C. Application and Processing.

1. AB 2011 Mixed -Income Housing Projects and AB 2011 100% Affordable Housing Projects that meet all the requirements of this section shall be ministerial and reviewed and processed with a plot plan application subject to conditions of approval.

2. SB 6 projects are processed as plot plan applications. Authority for approval of pl ot plans shall be vested with the planning commission. Plot plan applications shall be subject to major development review procedures pursuant to Section 9.02.030 of Chapter 9.02 (Permits and Approvals).

3. If the proposed project meets all SB 6 requirements (except non-compliance with zoning prohibiting residential use), then it may invoke SB 35 and the Housing Accountability Act. Government Code Section 65913.4 outlines the approval process for SB 35 projects.

4. Certain p rojects processed under AB 2011 are exempt from California Environmental Quality Act (CEQA), as set forth in AB 2011.

D. Site and Project Criteria for AB 2011. All projects must be multiple -family housing developments located within an urbanized area or urban cluster (designated by US Census Bu reau) and in zoning districts where office, retail, or parking are principally permitted uses. Additional criteria required as follows:

1. 100% affordable housing projects must:
a. Be on a parcel in an urban area, surrounded by urban uses, and not on a site or adjoined to any site where more than 1/3 of the square footage is dedicated to an industrial use (§ 65912.111(b)-(d).). Under AB 2011, parcels separated only by a street or highway are considered adjoined.
b. The site satisfies the requirements of Section 659 13.4(a)(6)(B)-(K). (§ 65912.111(e).)
c. The units are subject to a recorded deed restriction of 55 years for rental units and 45 years for owner-occupied units.
d. Meet hazardous condition criteria as determined in a Phase I ESA.

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(§ 65912.111(c).)
e. Located more than 500 feet from a freeway and more than 3,200 feet from a facility that extracts or refines oil or natural gas. (§ 65912.111(d)-(e).)
f. Meets objective zoning standards based on enumerated criteria for determining development standards to apply. (§ 65912.111(f).)

2. Mixed-income eligible projects must:
a. Be on a parcel in an urban area, surrounded by urban uses, abuts a commercial corridor with a frontage along the corridor of at least 50 feet, is on a site of 20 acres or less, and is not on a site or adjoined to a site where more than 1/3 of the square footage is dedicated to industrial uses. (§ 65912.121(b) -(f).). Under AB 2011, parcels separated only by a street or highway are considered adjoined. b. Be on a site that satisfies the requirements of Section 65913.4(a)(6)(B)-(K). (§ 65912.121(g).)
c. The development would not require the demolition of:
i. Housing subject to recorded covenant, ordinance or law that restricts rents to levels affordable to moderate, low or very low income households.
ii. Housing subject to rent price control.
iii. Housing occupied by tenants in the last 10 years, excluding manager's units.
iv. Any historic structure on a national, state or local historic register.
d. Not be on a site that was previously used for permanent housing that was occupied by tenants, excluding any manager’s unit, that was demolished within 10 years before development proponents submits an application.
e. Vacant sites cannot contain tribal cultural resources or be located in a very high fire hazard severity zone. (§ 65912.121(j).) f. Meet the following affordability criteria by providing:
i. For rental projects, 8% very low income and 5% extremely low income affordable units; or
ii. 15% affordable for lower income households. (§
65912.122(a).)
iii. All affordable units must have a recorded deed restriction for 55 years.
g. For owner-occupied housing:
i. 30% of units offered as affordable to moderate income households; or
ii. 15% units offered as affordable to lower income households. (§ 65912.122(b).)
iii. All affordable units must have a recorded deed restrict ion for 45 years.
h. Meet objective development standards. (§ 65912.123.) i. For sites more than one acre in size and with more than 100 feet in F.3.a
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width, provide a density of at least 60 units/acre. (§ 65912.123.) j. Located more than 500 feet from a freeway and more than 3,200 feet from a facility that extracts or refines oil or natural gas. (§ 65912. 123(g)-(h).)
k. Provide notice and specified protections to existing commercial tenants located on the site. (§ 65912.123(i).)

3. Affordable units in the project must have the same bedroom and bathroom count ratio as the market rate units, be equitably distributed within the project, and have the same type or quality of appliances, fixtures, and finishes.

4. Eligible projects must meet specified labor standard criteria, including payment of a prevailing wage, and, for larger projects (over fifty (50) units), hire contractors that participate in apprenticeship programs. (§ 65912.130, -.131.)

5. Projects may be eligible for a density bonus, incentives or concessions, waivers, or parkin g ratios pursuant to Section 9.03.050 of Chapter 9.03 (Residential Districts).

E. Site and Project Criteria for SB 6 Projects. All projects must be multiple -family housing developments or mixed-use with at least 50 percent of the square footage dedicated to r esidential use located within an urbanized area or urban cluster (designated by US Census Bureau) and in zoning districts where office, retail, or parking are principally permitted uses. Additional criteria required as follows:

1. The project must meet specif ied density requirements —at least 30 units/acre for this parcel (§ 65852.24(b)(1), § 65583.2(c)(3)(B).)

2. Project site is 20 acres in size or less (§ 65852.24(b)(4).)

3. Meets specified objective local requirements (§ 65852.24(b)(5).)

4. The project is not on a site or adjoined to any site where more than 1/3 of the square footage is dedicated to an industrial use. (§ 65852.24(b)(6)(B)(i).)

5. The project is consistent with any applicable and approved sustainable community strategy or alternative plan (§ 65852.24(b)(7).)

6. The project is either: (i) a public work (as defined in (8)(A)(i) for prevailing wage purposes, or (ii) all construction labor will be paid a prevailing wage (along with other labor requirements) (§ 65852.24(b)(8)(A).)

7. The developer must provide written notice to any exiting commercial tenants (§ 65852.24(c)(1).)

8. Mixed-use developments consisting of residential and nonresidential retail commercial or office uses are required to have at least 50 percent of the square footage of the new construction ass ociated with the project designated for residential use. None of the square footage of any such development shall be designated for a hotel, motel, bed, and breakfast inn, or other transient lodging use, except for a residential hotel.

9. The housing developm ent shall comply with any public notice, comment, hearing, or other procedures imposed by the local agency on a housing development in the applicable zoning designation.

F. Development standards for AB 2011 projects.

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1. 100% affordable housing projects must meet the following standards:
a. Project density meets or exceeds applicable density deemed appropriate to accommodate lower -income households pursuant to housing element law.
b. Development must meet objective zoning, subdivision, and design review standards for the zone that allows greater residential density between the following:
i. Existing zoning designation for the parcel if it allows multifamily residential use; or
ii. Zoning designation for the closest parcel that allows residential use at a density that is appropr iate to
accommodate lower income households pursuant to housing element law
c. Development shall be deemed consistent with objective zoning standards related to housing density if compliant with maximum density allowed within the land use designation and rega rdless of any specified maximum unit allocation that may result in fewer units of housing being permitted.

2. Mixed-income housing projects must meet the following standards:
a. In metropolitan jurisdictions, the residential density shall meet or exceed the greater of the following:
i. The existing residential density permitted;
ii. For sites of less than one acre, 30 units/acre;
iii. For sites of one acre or greater located on a commercial corridor of less than 100 ft in width, 40 units/acre;
iv. For sites of one acre or greater located on a commercial corridor of 100 ft or greater width, 60 units/acre;
v. For sites within one -half mile of a major transit stop, 80 units/acre
b. Height limit applicable shall be the greater of the following: Height currently permitted on the parcel;
i. For sites on a commercial corridor of less than 100 feet in width, 35 feet;
ii. For sites on a commercial corridor of 100 feet or more, 45 feet; iii. For sites within one -half mile of a major transit stop in a city with a population of greater than 100,000, 65 feet.
c. No parking is required except for requirements related to bicycle parking, electric vehicle parking spaces or parking spaces accessible to persons with disabilities.
d. Projects are required to meet the following setback standards:
i. For the portion of a property that fronts a commercial corridor, no setbacks may be required except that all parking must be set back at least 25 feet and the ground floor of a building must abut within 10 feet of the property line for at least 80% of the frontage.
ii. For portions of the property that front a side street, the building F.3.a
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must abut within 10 feet of the property line for at least 60% of the frontage.
iii. For portions of the property that abuts an adjoining property that also abuts the same commercial corridor, no setbacks may be required unless the adjoining property contains any residential use that was constructed prior to the enactment of AB 2011.
iv. Along property lines that abut a residential use, the ground floor shall be set back 10 feet. Starting with the seco nd floor, each floor shall be stepped back in an amount equal to 7 feet multiplied by the floor number.
v. Along property lines that abut non -residential use, the development shall be set back 15 feet.

G. Development standards for SB 6 projects.

1. Must comply with local zoning, parking, design, and other ordinances, local code requirements, and procedures applicable to the processing and permitting of a housing development in the zone that allows for housing with the requested density.
a. If more than one zoning designation allows for requested density, the applicable zoning standards shall be those for the zoning designation for the closest parcel that allows residential use at a density that is appropriate to accommodate lower-income households pursuant to housing element law.
b. If the existing zoning designation for the parcel allows residential density that exceeds housing element law density, the existing zoning designation applies.

2. The project must comp ly with all other objective local requirements for a parcel (except those that prohibit residential use or allow residential use only at a lower density), including impact fee requirements.

H. Definitions. For the purpose of this section, the following defini tions shall apply unless the context clearly indicates or requires a different meaning. “AB 2011 Mixed -Income Housing Projects” shall refer to housing development project as set forth in AB 2011, Article 2 (Affordable Housing Developments in Commercial Zones), and is intended to refer to such projects which are subject to a streamlined, ministerial review, pursuant to Section 65912.114, subject to satisfying all requisite requirements, as set forth therein. “AB 2011 100% Affordable Housing Project” shall re fer to housing development project(s) as set forth in AB 2011, Article 3 (Mixed-Income Housing Developments Along Commercial Corridors), and is intended to refer to such projects which are subject to a streamlined, ministerial review pursuant to Section 65912.124, subject to satisfying all requisite requirements, as set forth therein. “SB 6 Projects” shall refer to housing development project as set forth in SB 6, as codified in Section 65852.24, subject to the streamlined, ministerial approval process, satisfying all requisite requirements therein. “Commercial corridor” means a highway, as defined in Vehicle Code Section 360, that is not a freeway, as defined in Vehicle Code Section 332, and that has a right- F.3.a
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of-way, as defined in Vehicle Code Section 525, of at least 70 feet but not greater than 150 feet.
"Dedicated to industrial use" means any of the following: (1) square footage is currently being used as industrial use; (2) more recently permitted use of the square footage is an industrial use; or (3) site was designated for industrial use in local government's latest general plan adopted before January 1, 2022. “Multiple-family” in Section 9.04.050 means a property with five or more housing units for sale or for rent. There is no requirement that the housing units be attached. “Prevailing wage” means at least the general prevailing rate or per diem wages for the type of work and the geographic area as determined by the Director of Industrial Relations pursuant to Labor Code Sections 1773 and 1773.9, except apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. The same definition is used in both AB 2011 and SB 6. “Principally permitted use” means a use that may occupy more than one -third of the square footage of designated use on the site and does not require a conditional use permit.
“Residential hotel” has the same meaning as defined in Section 50519 of the Health and Safety Code.

I. Interpretation. If any portion of this section conflicts with AB 2011, SB 6, or other applicable state law, state law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with AB 2011 and SB 6.

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9.09.130 Accessory dwelling units (ADUs).

A. Purpose and Intent. The purpose of these standards is to ensure:

1. Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) as defined herein are a permitted accessory use. This section establishes standards for the construction and occupancy of ADUs and JADUs. The standards herein serve to ensure ADUs and JADUs are constructed in a manner that is consistent with the requirements and allowances of state law, and contribute to a suitable living environment for all.

2. General Plan Consistency. ADUs and JADUs are a residential use consistent with the existing general plan and zoning designation. This section furthers the goals, objectives, and policies of the General Plan Housing Element.

3. Applicability. Under state law, the city must allow for ADUs and JADUs.

However, the approval of ADUs may be based on the adequacy of water and sewer services as well as impacts on traffic flow and public safety. A local homeowner’s association cannot prohibit the construction of an ADU or a JADU. This section addresses all requirements of state law regarding ADUs.

B. Approval Authority. Approval of an ADU or JADU within a residential, mixed -use zone, or specific plan zone allowing residential or mixed use is considered a ministerial action and the approval authority is the community development director. Approval of an accessory dwelling unit is subject to all applicable requirements established within this section as well as all building, fire, engineering, flood, water quality, environmen tal codes, standards, and permitting fees established by the city. Any limits on where ADUs are permitted may only be based on the adequacy of water and sewer service, and the impacts on traffic flow and public safety. If the proposal is not consistent wit h the requirements of state law and this section then the application does not qualify as an ADU and will be processed as a second unit either under an administrative plot plan for a single - family dwelling unit, or through an amended plot plan for additional multiple- family dwelling units. If a JADU has already been constructed within the primary dwelling, this will not preclude submittal of an application for an accessory dwelling unit that is consistent with all the standards of this section and state law. An application for a JADU may be submitted that meets all the requirement of this section even if an ADU already has been constructed.

C. Application and Processing.

1. Applications for the following types of ADUs that meet all the requirements of this sectio n shall be ministerial and reviewed and processed with a building permit subject to conditions of approval.
a. Single-family internal ADU within previously permitted existing space or within a new single- family residence; or
b. Single-family attached or detached ADU; or
c. Junior ADU. The building plan check application will include all of the items in subsection (C)(3) below.

2. Applications for multiple family ADUs consistent with this section:

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Applications for multiple family ADUs either detached or within a n existing permitted structure or dwelling, shall be made to the community development department and shall be permitted ministerially with approval of both an administrative plot plan and building permit. The administrative plot plan will include all of the items in subsection (C)(3) below.

3. With regard to evaluating whether the ADU meets the standards of this section, the building permit application or administrative plot plan application, as applicable, shall include the following:
a. A detailed description and scaled, dimensioned floor plan of the proposed ADU, clearly illustrating the bedroom(s), bathroom(s), kitchen and other features or other proposed habitable areas; b. A detailed description and scaled, dimensioned elevation of the proposed ADU, clearly illustrating the exterior entrance of the ADU; c. A scaled, dimensioned site plan of the property clearly illustrating the location of all improvements on site (existing primary residence, garage, driveway(s), fences/walls, accessory structures, public right- of-way improvements, etc.) and where the ADU shall be located; d. The scaled, dimensioned site plan of the property shall note the use(s) of all buildings existing on site.

4. Applications shall be permitted ministerially if there is an existing single - family or multifamily dwelling on the lot and all applicable requirements and development standards of this section are met and no variances are required. If the permit application to create an ADU or JADU is submitted with a permit application to create a new single -family dwelling on the lot, the city will not act on the permit application for the ADU or JADU until the city acts on the permit application to create the new single -family dwelling.

If the application has been deemed complete, the ADU or JADU shall be deemed approved if the city has not acted on the completed application within sixty (60) days. If the applicant requests a delay, the sixty (60) day time period shall be tolled for the period of the delay.

5. If any ADU application is denied, the applicant wil l receive with a full set of comments listing the specific items that are defective or deficient along with a description on how the application can be remedied by the applicant pursuant to California Government Code 65852.2.

D. Development Standards and Requirements. Accessory dwelling units shall comply with the following development standards as described below and as shown in Tables 1 and 2:

1. Permitted ADUs. An ADU is permitted if the lot is zoned for single -family, multifamily use, or mixed use allowing fo r residential use, and contains an existing, single-family structure or multifamily structure. a. Existing Single -Family Structure/Primary Dwelling Unit. For an existing single-family structure, one ADU and one JADU is permitted.

An ADU may be detached or attached. A JADU must be contained within the space of an existing single-family structure. b. Existing Multifamily Structure. Within an existing multifamily structure, up to twenty -five (25) percent of the existing multifamily F.3.a
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units may be ADUs, or one unit, whichever is greater; two accessory dwelling units detached from the multifamily dwelling are permitted subject to a height limit of sixteen (16) feet and four foot rear and side setbacks. If a detached ADU is on a lot with an existing or proposed multi-story multifamily dwelling, the ADU may be up to 18 feet in height.

2. Lot Size. There is no minimum lot size required if the ADU meets the setbacks described in this section.

3. ADU Size.
a. Minimum. The minimum unit size for a JADU per state law is one hundred fifty (150) square feet. There is no minimum unit size for other ADU structures provided that the ADU is in compliance with state laws including building and health and safety codes. b. Maximum. For the conversion of an accessory building per state law, there is no maximum square footage provided the ADU is within the walls of the existing accessory building. For these uses, up to one hundred fifty (150) square feet can be added for ingress/egress subject to state law.
c. Detached ADUs for single -family or multifamily. The maximum unit size shall be eight hundred fifty (850) square feet for an efficiency or one bedroom, and one thousand (1,000) square feet for two bedrooms.
d. Attached ADUs. If there is an existing single -family dwelling on the site, the attached ADU shall be no larger in size than eight hundred fifty (850) square feet for an efficiency or one bedroom, and no larger than one thousand (1,000) square feet for a two bedroom. For multifamily, the ADU shall be no more than eight hundred (800) square feet.
e. Lot Coverage/Floor Area Ratio/Open Space. If all of the following standards are satisfied for an attached ADU or detached ADU, lot coverage, floor area ratio, and open space requirements would not apply. All other development standards as describe d in this section would apply. (See Tables 1 and 2)
f. Up to eight hundred (800) square foot accessory unit; and g. No more than sixteen (16) feet in height; and
h. Four foot side, corner, and rear yard setbacks.
i. For all other ADUs allowed by this section, lot cove rage, floor area ratio, and open space requirements of the underlying zone would apply.

4. ADU/JADU Height.
a. Detached ADUs. For a detached primary dwelling unit on a site, the ADU is permitted to be at least sixteen (16) feet in height, not to exceed the height described in Table 1.
b. Attached ADUs. For JADUs and internal ADUs, the height limits are not applicable, except the height limit of residential zone would apply if constructed in conjunction with a new single- family residence. An F.3.a
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attached multifamily unit would only be permitted within the walls of the existing structure; therefore, a height limit would not apply.

5. Setbacks.
a. Front Setbacks. ADUs shall comply with the front setback requirement of the underlying zone; the front setback does not apply to an internal ADU or JADU.
b. Side and Rear Yard Setbacks. Setbacks for ADUs are summarized in Tables 1 and 2. Setbacks would generally not apply to JADUs or internal ADUs entirely contained within an existing dwelling unit; however, if constructed in conjunction w ith a new single -family residence then the setbacks for the underlying zone would apply.

Setbacks would not apply to an existing accessory building converted into an ADU.
c. Corner (Street Side) Setbacks. The corner setback for a new detached ADU is ten (10) feet except that the corner setback may be as little as four feet if satisfying a ten (10) foot setback would not allow for construction of an ADU on the site. If the required setback is less than ten (10) feet, then the height of the detached ADU may not exceed sixteen (16) feet.
d. If constructed in conjunction with a single-family residence, the street side setbacks for the underlying zone would apply. The street side setback requirement is not applicable to a JADU, an attached ADU entirely contained within an existing dwelling unit, or an attached ADU which may be constructed at a setback equal to that of the primary dwelling, but no less than four feet.

6. Distance Between Structures. The standard for distance between structures of the underlying residential zone will apply where feasible, but if necessary will be adjusted to accommodate an ADU that is eight hundred (800) square feet or less, sixteen (16) feet in height, and with rear and side setbacks of no less than four feet. Any accommodation for the dista nce between structures will need to be evaluated for consistency with building codes for protection of public safety and approved by the community development director or designee.

7. The ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation, and shall include a kitchen and bathroom.

E. Design Requirements.

1. ADUs shall be located at the rear or the side of the existing single -family dwelling unless it is demonstrated that the only feasible location is to place the A DU in front of the single -family dwelling due to extraordinary or physical constraints of the lot.

2. The entrance to an attached ADU shall be separate from the entrance to the primary dwelling unit and shall be located and designed in a manner as to eliminate an obvious indication of two or three units in the same structure.

3. All exterior changes shall be architecturally compatible with existing structures with regard to wall covering material, wall texture, and colors.

When a garage is converted, the garage d oor shall be removed, and F.3.a
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framed-in wall shall include architectural details and finishes compatible with the residence(s) on the site.

4. When a garage is converted into an ADU, a landscaped area with a depth of at least two feet shall be provided for the ar ea adjacent to the garage door with some exceptions. If the application can demonstrate that this is infeasible, the requirement can be waived by the community development director.

5. Plans that demonstrate an unobstructed pathway extending from a street to one entrance of the ADU are desirable prior to approval of an ADU application; however, this is not a mandatory requirement for an ADU.

6. If a manufactured home is the proposed structure for the ADU, at a minimum, it should still be compatible with the prima ry dwelling unit on the site with regard to wall covering material, wall texture, and colors.

7. ADUs, when converted from existing accessory buildings, are permitted without additional restrictions provided the structure has independent exterior access and side and rear setbacks sufficient for fire safety, provided that no more than one hundred fifty (150) square feet is added for ingress/egress subject to the requirements of state law.

8. Outside stairways serving ADUs should not be located on any building elevation facing a public street; and when unavoidable, the design of the stairway shall mute/mitigate any potential negative aesthetic impact and maintain the character of the existing single-family residence.

Table 1: Accessory Dwelling Units —New Constructio n and Conversion of Accessory Buildings
Conversion
(Accessory Building
per State Law)
New Construction
Detached ADU (single-family) Detached ADU (multifamily) Required Main
Use on the Lot
Existing single-family
dwelling
Existing or proposed single-family
dwelling
Existing multifamily dwelling
Minimum
Dwelling Size
None Determined based on compliance
with building and health and safety
codes
Determined based on compliance
with building and health and safety
codes
Unit Size
Maximum
None, plus 150 square
feet maximum addition
for ingress/egress
subject to all this section
No greater than 850 square feet for
an efficiency or one bedroom; For
two or more bedrooms: No greater
than 1,000 square feet.

For multifamily, no greater than
850 square feet for an efficiency or
one bedroom; For two or more
bedrooms: No greater than 1,000
square feet.

ADU Height/Story
Limit
None At least 16 feet is permitted, but
above 16 feet the ADU may not
exceed the height of the existing
primary dwelling on the site.1,2

ADU Front
Setback
Not applicable Front setback standard of the
underlying zone applies.3
Front setback standard of the
underlying zone applies.

ADU Minimum
Side and Rear
Yard Setbacks
Not applicable If ADU is 16 feet or less in height: 4
feet for interior side yard and rear.

If ADU is more than 16 feet in
height: Interior side and rear yard
setbacks of the underlying zone
would apply.
4 feet for interior side yard and rear
Corner Setback Not applicable 10 feet4 10 feet*
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(Street Side)
Minimum
Distance Between
Structures
(Primary Dwelling
and ADU)
Not applicable The standard of the underlying zone
will apply where feasible, however,
the city must still accommodate an
ADU of up to at least 800 square
feet or less, 16 feet in height, and
with four-foot rear and/or side yard
setbacks

Parking None See parking requirements under
subsection F of this section.

Notes:

1. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high- quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

2. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.

3. Front setback requirements cannot be used to prohibit the construction of an ADU, where there is no other alternative to allow for the construction of an 800-square-foot ADU that meets height limits and complies with four- foot side and rear setbacks.

4. The setback may be as little as four feet if necessary to accommodate an ADU that satisfies the state’s requirements. If the required setback is less than ten (10) feet, then the height of the ADU may not be more than sixteen (16) feet.

Table 2: Junior and Attached Accessory Dwelling Units
Junior ADU per State
Law
Internal ADU
(Proposed ADU
contained within
existing SFD)
Attached ADU
(addition to
residence)
Attached Multiple
Family ADUs per
State Law
Minimum Unit Size 150 square feet Determined based on compliance with building and health and safety codes
Unit Size Maximum 500 square feet No greater than 850 square feet for an efficiency or one bedroom; For two or more
bedrooms: No greater than 1,000 square feet.

No more than 800
square feet.

ADU/JADU Height
Limit
Not applicable, except
height limit of the
underlying zone would
apply if Constructed in
Conjunction with New
single-family residence
Not applicable, Except
height limit of
residential zone would
apply if constructed in
conjunction with new
single-family residence
An ADU that is
Attached to the
primary dwelling may
not exceed 25 feet in
height or the height
limitation imposed by
the underlying zone
that applies to the
primary dwelling,
whichever is lower,
and may not exceed
two stories.

An ADU that is
attached to the
primary dwelling may
not exceed 25 feet in
height or the height
limitation imposed by
the underlying zone
that applies to the
primary dwelling,
whichever is lower,
and may not exceed
two stories.

Front Setback Not applicable; JADU
must be within walls of
primary dwelling unit
Front setback standard of the underlying zone applies.5 ADU/JADU Min. Side
and Rear Yard
Setbacks
Not applicable,
Setbacks of the
underlying zone would
apply if constructed in
conjunction with new
single-family residence
Not applicable,
setbacks of the
underlying zone would
apply if constructed in
conjunction with new
single-family residence
An attached ADU shall
meet the requirements
of the underlying zone,
except that if the
attached ADU is 800
square feet or less and
no taller than 16 feet,
the side setbacks may
be 4 feet.
4 feet for ADU portion
if new building or
addition
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Corner (Street side
setback)
Not applicable, except
setbacks of the
underlying zone would
apply if constructed in
conjunction with a new
single-family residence
Not applicable, except
setbacks would apply
if constructed in
conjunction with new
single-family residence
10 feet2 10 feet2
Parking Parking is not required
for a JADU
constructed within the
existing area of the
primary dwelling, but
may be required if the
garage is converted to
a JADU subject to the
requirements in
subsection F of this
section.

See parking requirements under subsection F of this section.

Notes:

1. Front setback requirements cannot be used to prohibit the construction of an ADU, where there is no other alternative to allow for the construction of an 800-square-foot ADU that meets height limits and complies with four-foot side and rear setbacks.

2. The setback may be as little as four feet if necessary to accommodate an ADU that satisfies the state’s requirements. If the required setback is less than ten (10) feet, then the height of the ADU may not be more than sixteen (16) feet.

F. Parking Requirements.

1. Parking requirements, consistent with Chapter 9.11 of this title:
a. Unless the JADU or ADU is exempt from parking requirements as described in subsection (F)(2), one parking space is required per accessory dwelling unit or per bedroom of an accessory dwelling unit, whichever is less, and may be provided through tandem parking on a driveway unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. b. Parking is allowed in rear and side setback areas, and in a paved driveway in the front setback area if parking in the rear and side setback areas is not possible, provided that all other development standards are satisfied including minimum front yard landscaping standards.
c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, the off-street parking spaces will not be required to be replaced.

2. Parking Exemptions. Additional parking spaces are not required for ADUs, nor for JADUs in any of the instances listed in subsections (F)(2)(a) through (e) below. Further, JADUs within the living area of the primary dwelling unit are exempt from all parking requirements, but the standards in subsection (F)(1) would apply if a garage is converted to a JADU.
a. The ADU is located within one -half mile of a public transpor tation stop along a prescribed route according to a fixed schedule; or b. The ADU is located within one block of a car share parking spot; or c. The ADU is located in a historic district listed in or formally determined eligible for listing in the National Regis ter of Historic F.3.a
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Places and the California Register of Historical Resources or as a city historic preservation overlay zone; or
d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or
e. The accessory dwelling unit is part of the existing dwelling unit or an existing accessory structure.

G. JADU Requirements. As specified in state law, there are specific requirements that apply only to junior accessory dwelling units. The development standards for JADUs are su mmarized in Table 2. The standards and requirements for JADUs are as follows.

1. JADUs must be constructed entirely within the walls of the primary structure and have their own entrance.

2. The JADU cannot exceed five hundred (500) square feet.

3. JADUs are limited to one per residential lot if a single -family residence is already constructed on a lot.

4. The owner must record a deed restriction stating that the JADU cannot be sold separately from the single-family residence.

5. The owner shall execute a covenant and agreement in a form acceptable to the city to document that either the primary dwelling unit or accessory dwelling unit will be owner occupied.

6. The JADU must include an efficiency kitchen which includes a sink, cooking appliance, counter surface, and stora ge cabinets that meet minimum building code standards; no gas or 220V circuits are allowed.

7. The JADU may share a bath with the primary residence or may have its own bath.

8. An interior entry into the single -family residence is not required, unless JADU shares a bathroom with the primary dwelling. In this instance, the JADU is required to have an interior entry to the primary dwelling’s “main living area,” independent of the exterior entrances of the JADU and primary dwelling.

9. The JADU is to be considered part of the single -family residence for purposes of fire and life protection ordinances and regulations, such as sprinklers and smoke alarms.

10. Additional parking may only be required if a garage is converted into a JADU as described in subsection F above.

11. Water, sewer and power connection fees may not be required.

H. Fees. ADUs shall be subject to all development fees specified by city ordinances or resolutions for ADUs. Impact fees may not be imposed on JADUs and ADUs smaller than seven hundred fifty (750) square feet. For ADUs greater than seven hundred fifty (750) square feet, local agencies must assess an impact fee that correlates to square footage of primary residence. ADUs shall not be considered new residential uses for purpose of calculating utility connect ion fees or capacity charges, including water or sewer service.

I. Enforcement. Upon application and approval, the city must delay enforcement against a qualifying substandard ADU for five years to allow the owner to address the violation, so long as the violation is not a health and safety issue, as determined F.3.a
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by the community development department.

J. ADUs cannot be sold or otherwise conveyed separately from the primary dwelling, except if a qualified nonprofit corporation whose mission is to provide units to low- income households completes a deed restricted sale consistent with state law.

K. An accessory dwelling unit created pursuant to this municipal code section shall only be rented for a period of longer than thirty (30) days as specified in state law.

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9.09.150 Senior Citizen housing.

A. Purpose and Intent. The purpose and intent of this chapter is to provide for development of senior citizen housing pursuant to standards which reflect the unique character of senior citizen residential occupancy.

B. Applicability. Senior housing shall be subject to the property development requirements of the underlying district and subject to all applicable local, state and federal laws, including the requirements of this section.

C. Property Development Standards. Development standards shall be flexible to ensure efficient site planning and neighborhood compatibility and to reflect the unique requirements of persons over the age of 55.

1. A Senior citizen housing development must have a minimum of twenty (20) dwelling units.

2. The number of dwelling units may exceed that which is permitted in the underlying district by up to one hundred (100) percent, or as otherwise approved by the planning commission, provided the conditions of appr oval include the following requirements:
a. Commitment to the ongoing use of the facility as senior citizen housing;
b. Identification of amenities and assurances of their ongoing availability;
c. Identification of facility operator; and
d. Other requirements as deemed necessary to protect and preserve the health, safety and welfare of the occupants and the community;

3. There is no requirement for the affordability of the units for very low, low or moderate income households for a senior citizen housing development to qualify for the above density bonus.

4. Each dwelling unit shall consist of individual rooms that contai n a full bathroom and may contain small, efficiency kitchens. Any common kitchen, dining, and living space, and recreational facilities must be adequate to serve all residents;

5. The units provided shall not be less than four hundred fifteen (415) square feet in floor area for efficiency units, and five hundred forty (540) square feet for one -bedroom units, or as otherwise approved by the planning commission;
Minimum Unit Size for Senior Citizen Housing Developments Unit Size Common Dining
With Without
Studio 360 sf 450 sf
One bedroom 500 sf 600 sf
Two bedroom 700 sf 800 sf

6. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public right-of-way, and compatible with the residential neighborhood;

7. The development shall provide laundry facilities adequate for the number of residents;
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8. A senior housing development is required to have one or more of the following specific common facilities for the exclusive use of the resident senior citizens:
a. Beauty salon and barber shop,
b. Coffee shop
c. Small scale pharmacy or store selling daily needs such as groceries, gifts, and clothing,
d. Transportation, maintained and operated by the facility, e. Recreational center, and
f. Other facilities for the sole enjoyment of residents;

9. The use will be so located as to provide residents easy access to community services such as transportation, shopping, and other daily services. Where appropriate, there should also be provided a generous amount of activity facilities (both indoors and outdoors) for residents.

10. On-site landscaping shall be installed and maintained consistent with the underlying district;

11. Senior housing projects in the Office (O) and Office Commercial (CO) districts shall be subject to the Residential 15 (R15) development standards.

12. Parking garages, surface parking, and private and common areas located outside the building shall be designed to protect the security of residents, guests and employees by controlling access to the facilities by other persons.

13. Outdoor Living Area. Any project containing 4 or more private living quarters shall provide the following minimum open space: 100 square feet per living quarter for projects with 4 or 5 private living quarters, and 50 square feet per living quarter for projects of 6 private living quarters or more. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space.

14. Congregate care senior citizen housing projects, which by their design appeal to age categories significantly older than age 55, may request reduced parking requirements if it can be demonstrated that less demand will be generated wit h approval of a parking study pursuant to Section

9.11.070(A).

D. Accessibility.

1. All second-story units shall be serviced by elevators.

2. All common areas shall be wheelchair accessible.

3. Units designed for persons with a disability shall meet requirements for state Title 24 regulations.

E. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

1. "Congregate care senior citizen housing" means senior citizen housing which provides meal service at a central dining facility but does not provide twenty-four (24) hour services or supervision.

2. “Senior citizen housing” is defined as attached residential development designed for, and restricted to, persons or couples of which one member is age 55 or older, as specified in California Civil Code Sections 51.11 and F.3.a
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51.12. These residences are intended entirely for independent living, and do not require support services such as common dining facilities or medical care.

3. “Senior citizen housing development” means a residential development developed with more than 20 units as a senior community by its developer and zoned as a senior community by a local governmental entity, or characterized as a senior community in its governing documents, as these are defined in Section 4150, or qualified as a senior community under the federal Fair Housing Amendments Act of 1988, as amended.

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9.09.160 Residential care facilities.

A. Purpose and Intent. Residential care homes and facilities provide a cost-effective, supportive, and non -institutional environment for state -licensed operations. In order to protect the public health, safety, and welfare, to preserve and protect the integrity of residential neighbor hoods, and to ensure this code does not act as a disincentive to or unreasonably restrict the development of residential care homes, including, but not limited to, group homes, elderly care facilities, adult residential facilities, disabled care facilities , foster homes, juvenile court residential facilities for abused or neglected children, and other facilities licensed by the state, residential care facilities shall be allowed and developed in accordance with the standards set forth in this section.

B. Applicability. The purpose of this section is to establish standards for review of residential care homes and facilities, including those providing housing and supportive services for disabled individuals and households, in compliance with state law. This section shall be interpreted and applied consistent with the policies and guidelines of the general plan housing element, the requirements of the California Government Code, including but not limited to Section 65580 et seq., and the requirements of the Cali fornia Health and Safety Code Section 1500 et seq.

1. As used in this section , "juvenile court residential facilities" do not include any juvenile placement facility approved by the Department of Corrections and Rehabilitation, Division of Juvenile Justice, any juvenile hall operated by a county, or any place in which a juvenile is judicially placed pursuant to California Welfare and Institutions Code Section 727(a).

2. As used in this section , "residential care facilities" do not include and this section does not apply to any independent living arrangement, transitional housing, or supportive housing. For transitional housing or supportive housing, the requirements of Section 9.09.310 (Supportive and transitional housing) shall apply.

C. Property Developm ent Standards. The following standards shall apply to residential care facilities:

1. Residential care facilities shall be considered a residential use of property, and, except as otherwise set forth in this section, shall be subject only to those restrictions and standards that apply to other residential dwellings of the same type in the same zoning district.

2. A residential care facility that serves six (6) or fewer persons shall not be included within the definition of a boarding house, rooming house, institution, or home for the care of minors, the aged, or persons with mental health disorders, foster care home, guest home, rest home, community residence, or other similar terms that imply that the residential facility is a business run for profit or differs in any other way from a family dwelling.

3. Residential care facilities that serve six (6) or fewer persons are allowed in all residential zoning districts a permitted use without a conditional use or other discretionary permit.

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4. Any sized residential care facility shall not be located in an accessory dwelling unit (ADU), unless the primary dwelling unit is used for the same purpose.

5. The group home has six or fewer occupants, not counting a house manager, but in no event shall it have more than seven occupants. If the dwelling unit has an accessory dwelling unit (ADU), occupants of both units will be combined to determine whether or not the limit of six occupants has been exceeded.

6. Residential care facilities for more than six residents shall be permitted in any residential district subject to a conditional use permit, the property development standards of the underlying district, and all applicable local, state, and federal laws, including the standards in subsection D of this section.

7. Residential care facilities for more than six residents has a minimum distance requirement of 300 feet from any other Residential care facility as specified by State Health and Safety Code Section 1267.9 (b).

8. Density shall be in accordance with the requirements of the district within which the facility is located;

9. Parking shall be provided based upon demonstrated need but shall not require more parking than required for other residential uses within the same zoning district. Except as otherwise required or allowed by this subsection, the parking requirements of Chapter 9.11 shall also apply.

10. Fences or walls may be required to ensure privacy a nd neighborhood compatibility.

11. Such other conditions and standards necessary to preserve and safeguard the public health, safety or welfare of the occupants and the community may be imposed.

D. Definitions. For the purpose of this section, the followin g definitions shall apply unless the context clearly indicates or requires a different meaning. "Residential facility" means any family home, group care facility, or similar facility that is maintained and operated to provide twenty-four (24) hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.

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9.09.170 Emergency shelters.

A. Purpose and Intent. The purpose of this section is to permit emergency shelters and to ensure that they do not adversely impact adjacent properties and surrounding neighborhoods consistent with the goals, objectives and policies of the general plan.

B. Applicability. Emergency shelt ers shall be permitted in the Mixed Use Zones/Corridors: Downtown Center (DC), Corridor Mixed -Use (COMU), and Center Mixed Use (CEMU) without a conditional use permit or other discretionary action.

Emergency shelters in the Community Commercial (CC), Office Commercial (OC), Office (O), Public (P), and Business Park-Mixed Use (BPX) zoning districts as well as the following Mixed-Use Zones/Corridors: Highway/Office Commercial (H/OC) are subject to a conditional use permit, the property development standards of the underlying district, and all applicable local, state and federal laws, including the standards in subsection D of this section.

C. Any additional requirements imposed by the State Department of Housing and Community Development through its oversight; and
D. Additional development standards, which shall take precedence should they be in conflict with those found in Sections 9.04.040 and 9.05.040:

1. The maximum number of clients permitted to be served (eating, showering, and/or sleeping) nightly shall not excee d one per one hundred twenty -five (125) square feet of floor area;

2. Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commer cial uses within the same zone.

3. The interior intake waiting area for a facility shall include a minimum of ten (10) square feet per bed;

4. The exterior intake waiting area shall be screened from public and/or private view by a six- foot block wall and landscaping;

5. A storage area shall be provided at a rate of five square feet for each bed.

Such storage area need not be provided adjacent to client sleeping area;

6. At least one toilet and one shower shall be provided for each fifteen (15) beds;

7. No portion of any emergency homeless shelter shall be located within three hundred (300) feet of another emergency homeless shelter that is currently built, or that is approved to be built;

8. No portion of an emergency homeless shelter shall be located within five hundred (500) feet of property zoned for residential use;

9. No portion of an emergency homeless shelter shall be located within one - quarter mile of a “soup kitchen” or other similar congregate meal facility, measured property line-to-property line; and

10. Lighting shall be provided in all parking, exterior (outside) intake and/or waiting areas, outside common areas and along the periphery of the building and facility. Such lighting shall be in conformance with Section

9.08.100 of the Moreno Valley Municipal Code.

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9.09.180 Employee Housing
A. Purpose and Intent. The purpose of this section is to permit employee housing and to ensure that it does not adversely impact adjacent properties and surrounding neighborhoods consistent with the goals, objectiv es and policies of the general plan.

B. Applicability. Every person, or agent or officer thereof, constructing, operating, or maintaining employee housing shall comply with the requirements of this section and all applicable health, safety and building codes and standards.

1. Employee housing provided by the employer and maintained in connection with the work or place where work is being performed must comply with all provisions of Section 17008(a) of the California Health and Safety Code.

2. Employee housing not maintained in connection with any workplace and provided by someone other than an agricultural employer must comply with all provisions of Section 17008(b) of the California Health and Safety Code.

3. Employee housing for six or fewer employees shall be treated as a single - family structure and permitted in the same manner as other dwellings of the same type in the same zone (California Health and Safety Code Section 17021.5).

4. Employee housing consisting of no more than 12 units or 36 beds is permitted in the same manner as other agricultural uses in the Residential 1 (R1) and Residential Agriculture 2 (RA2) zoning districts (California Health and Safety Code Section 17021.6).

5. Nothing in this code shall prohibit the use of a multiple -family unit from housing agricultural employees in the same manner as a family defined within Section 9.15.030 of this code.

C. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. “Employee housing” shall have the same meaning ascribed in Health and Safety Code Section 17008.
“Farmworker Housing” has the same meaning as “employee housing” as set forth in California Health and Safety Code Section 17008(a) for agricultural employees.

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9.09.320 Low barrier navigation centers.

A. Purpose and Intent. The purpose of this chapter is to implement the provisions of Government Code Section 65660 et seq. relating to low barrier navigation centers.

B. General Standards. A low barrier navigation center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, if it meets the following requirements:

1. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2. It is linked to a coordinated entry system, so that staff in the interim faci lity or staff who co- locate in the facility may conduct assessments and provide services to connect people to permanent housing.

3. It complies with Chapter 6.5 of Housing First and Coordinating Council (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

5. Low barrier navigation centers shall also comply with the standards established for emergency shelters in Section 9.09.170 of the Moreno Valley Municipal Code.

C. Review Process. Low barrier navigation centers may be established and operated subject to nondiscretionary approval of a site plan review in compliance with Section 9.02.030 of the Moreno Valley Municipal Code.

D. Definitions. For the purpose of this section, the following definitions shall apply unless the context clear ly indicates or requires a different meaning , or otherwise defined in Government Code Sections 65660 et seq.
“Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to the applicable provisions of the Code of Federal Regulations as specified in Government Code Section 65662, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
“Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

1. The presence of partners if it is not a population -specific site, such as for survivors of domestic violence or sexual assault, women, or youth;

2. Pets;

3. The storage of possessions; or

4. Privacy, such as partitions around b eds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
“Low barrier navigation center” means a Housing First, low barrier, service - enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

E. Repeal. This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

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9.09.330 Group homes.

A. Purpose and Intent. The purpose of this section is to ensure that group homes do not result in an adverse impact on adjacent residential uses or the surrounding neighborhood.

B. Applicability. Group homes shall be permitted in any residential district subject to a conditional use permit, the property development standards of the underlying district, and all applicable local, state and federal laws, including the standards in subsection C of this section.

C. Property Development Standards. The following standards shall apply to group homes:

1. Group homes shall be considered a residential use of property, and, except as otherwise set forth in this section, shall be subject only to those restrictions and standards that apply to other residential dwellings of the same type in the same zoning district.

2. A group home, limited that serves six (6) or fewer persons shall not be included within the definition of a boarding house, rooming house, institution, or home for the care of minors, the aged, or persons with mental health disorders, foster care home, guest home, rest home, community residence, or other similar terms that imply that the residential facility is a business run for profit or differs in any other way from a family dwelling.

3. A group home, limited that serve six (6) or fewer persons are allowed in all residential zoning districts a permitted use without a conditional use or other discretionary permit.

4. Any sized group home shall not be located in an accessory dwelling unit (ADU), unless the primary dwelling unit is used for the same purpose.

5. A group home, limited, not counting a house manager, but in no event shall have more than seven occupants. If the dwelling unit has an accessory dwelling unit (ADU), occupants of both units will be combined to determine whether or not the limit of six occupants has been exceeded.

6. A group home, general for more than six residents, shall be permitted in any residential district subje ct to a conditional use permit, the property development standards of the underlying district, and all applicable local, state, and federal laws.

7. A group home, general for more than six residents, is required to have a minimum distance from any other gr oup home, general of 300 feet, as specified by State Health and Safety Code Section 1267.9 (b).

8. Density shall be in accordance with the requirements of the district withi n which the facility is located;

10. Fences or walls may be required to ensure privacy and neighborhood compatibility.

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11. Such other conditions and standards necessary to preserve and safeguard the public health, safety or welfare of the occupants and the community may be imposed.

D. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. “Group home” means a residential unit utilized as a supportive living environment for people meeting the legal definition of disabled. A Group Home operated by a single Operator or service provider constitutes a single facility, whether the facility occupies one or more dwelling units. A Group ho me provides housing only for a classified group of people. No medical care, services, or treatment can take place in a Group home. Only State licensed facilities can provide care, services, or treatment under State law (see 9.09.160 (Residential care facilities). “Group home, General” serves seven (7) or more persons. “Group home, Limited” serves six (6) or fewer persons.
“Sober Living Home” means a group home for people recovering from a chemical addiction that meets the legal definition of disabled. A Sober Living Home provides only housing for people who have just come out of rehab and need a place to live that is structured and supportive for those in recovery. No medical care, services, or treatment can occur in a Sober Living Home. Only State licensed facilities can provide care, services, or treatment under State law (see 9.09.160 (Residential care facilities).

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Chapter 9.15

“Disability” means a person with a disability to include any (1) individual with a physical or mental impairment that substantially limits one or more major life activities; (2) individual with a record of such impairment; or (3) individual who is re garded as having such an impairment.

“Farmworker housing” means housing that is occupied by farmworkers or farmworkers and their households. Farmworker housing is allowed in all multiple -family zones (R-10, R-15, R-20, and R-30).

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Attachment: Ordinance XXX [Revision 1] (6275 : Spring 2023 Omnibus)

Moreno Valley City CouncilJune 6, 2023

Moreno Valley City Council
June 6, 2023