Moreno Valley City Council
June 20, 2023

AGENDA

CITY COUNCIL OF THE CITY OF MORENO VALLEY

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY AS SUCCESSOR AGENCY FOR THE

COMMUNITY REDEVELOPMENT AGENCY OF

THE CITY OF MORENO VALLEY

MORENO VALLEY HOUSING AUTHORITY

MORENO VALLEY PUBLIC FINANCING AUTHORITY

BOARD OF LIBRARY TRUSTEES

June 20, 2023

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

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

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

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

City Hall Council Chamber – 14177 Frederick Street

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

Ulises Cabrera, Mayor

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

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

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AGENDA

CITY COUNCIL OF THE CITY OF MORENO VALLEY
June 20, 2023

CALL TO ORDER - 5:30 PM

SPECIAL PRESENTATIONS

1. Recognizing July 2023 as Pride Month

2. Recognizing July 2023 as Parks & Recreation Month
.
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.AGENDA

JOINT MEETING OF THE

CITY COUNCIL OF THE CITY OF MORENO VALLEY

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY AS SUCCESSOR AGENCY FOR THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF MORENO VALLEY

MORENO VALLEY HOUSING AUTHORITY

MORENO VALLEY PUBLIC FINANCING AUTHORITY

AND THE BOARD OF LIBRARY TRUSTEES

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

REGULAR MEETING – 6:00 PM
JUNE 20, 2023

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

PLEDGE OF ALLEGIANCE
INVOCATION:

CrossWord Christian Church

ROLL CALL

INTRODUCTIONS

PUBLIC COMMENTS ON ANY SUBJECT NOT ON THE AGENDA UN DER THE

JURISDICTION OF THE CITY COUNCIL

PUBLIC COMMENTS ON ANY SUBJECT ON THE AGENDA UNDER THE

JURISDICTION OF THE CITY COUNCIL

JOINT CONSENT CALENDARS (SECTIONS A-E)
All items listed under the Consent Calendars, Sections A, B, C, D, and E are considered to be routine and non -controversial, and may be enacted by one motion unless a member of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency, Housing Aut hority or the Board of Library Trustees requests that an item be removed for separate action. The motion to adopt the Consent Calendars is deemed to be a separate motion by each Agency and shall be so recorded by the City Clerk. Items withdrawn for repor t or discussion will be heard after public hearing items.
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A. CONSENT CALENDAR-CITY COUNCIL
A.1. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

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

Recommendation: Waive reading of all Ordinances.

A.2. MINUTES - CITY COUNCIL - CLOSED SESSION - JUN 6, 2023 4:30 PM Recommendation:

1. Approve as submitted.

A.3. MINUTES - CITY COUNCIL - REGULAR MEETING - JUN 6, 2023 6:00 PM Recommendation:

1. Approve as submitted.

A.4. COUNCIL DISCRETIONARY EXPENDIT URE REPORTS FOR FISCAL YEAR 2022/2023 FROM JULY 1, 2022 THROUGH MAY 31, 2023. (Report of: City Clerk)
Recommendation:

1. Receive and file the Fiscal Year 2022/2023 Council Discretionary Expenditure Report for July 1, 2022 through May 31, 2023.

A.5. AUTHORIZATION TO SUBMIT A GRANT PROPOSAL FOR THE
TRANSFORMATIVE CLIMATE COMMUNITIES (TCC) ROUND 5 PLANNING GRANT PROGRAM FUNDS (Report of: Community Development)
Recommendation: That the City Council:

1. ADOPT Resolution No. 2023 -XX, authorizing City staff to sub mit an application for Transformative C limate Communities (TCC) Round 5 Planning Grants Program Funds in the amount of $ 300,000 for several projects as required by the grant guidelines, and authorizing the City Manager to execute an agreement to accept grant funds.

A.6. SECOND READING AND ADOPTION OF ORDINANCE NO. 999 (Report of:

Community Development)
Recommendation: That the City Council:

Conduct the second reading by title only and adopt Ordinance No. 999.

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A.7. LIST OF PERSONNEL CHANGES (Report of : Financial & Management Services)
Recommendation:

1. Ratify the list of personnel changes as described.

A.8. ANNUAL STATEMENT OF INVESTMENT POLICY (Report of: Financial & Management Services)
Recommendation:

1. Adopt the Annual Statement of Investment Policy.

A.9. ANNUAL REVIEW OF THE DEBT MANAGEMENT POLICY (Report of:

Financial & Management Services)
Recommendation:

1. Review and approve the Debt Management Policy.

A.10. PURSUANT TO LANDOWNER PETITION, ANNEX A CERT AIN PARCEL INTO COMMUNITY FACILITIES DISTRICT NO. 2014 -01 (MAINTENANCE SERVICES) - AMENDMENT NO. 80 (RESO NO. 2023 -__) (Report of:

Financial & Management Services)
Recommendation:

1. Acting as the legislative body of Community Facilities District No. 2014-01 (Maintenance Services), adopt Resolution No. 2023-___, a Resolution of the City Council of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2014 -01 (Maintenance Services) and approving the amended map for said District (Amendment No. 80) (FB Crystal Cove, located on the southwest corner of Alessandro Blvd. and Lasselle St.).

A.11. AUTHORIZE THE AWARD OF AGREEMENTS FOR SPECIAL DISTRICTS CONSULTING SERVICES (Report of: Financial & Management Services) Recommendations:

1. Authorize approval of NBS, Webb Municipal Finance, LLC, and Willdan Financial Services to provide the Special Districts Division with special tax consulting services on an as-needed basis; and

2. Authorize the City Manager or his designee to execute future Agreements, subsequent extensions, and amendments, in accordance with the City’s Procurement Administrative Procedure (AP #3.09), subject to the approval of the City Attorney, and provided sufficien t -6-
funding is available within the City Cou ncil previously approved Operating Budget.

A.12. ADOPT A RESOLUTION TO APPROVE A JOINT COMMUNITY FACILITIES

AGREEMENT BY AND AMONG MORENO VALLEY UNIFIED SCHOOL

DISTRICT, THE CITY OF MORENO VALLEY, AND GPALESSANDRO LLC

RELATING TO MORENO VALLEY UNIFIED S CHOOL DISTRICT
COMMUNITY FACILITIES DISTRICT NO. 2023 -2 (RESO. NO. 2023 -XX) (Report of: Financial & Management Services)
Recommendation:

1. Adopt Resolution No. 2023 -XX, a Resolution Approving the Joint Community Facilities Agreement between the Moreno V alley Unified School District, City of Moreno Valley and GPALESSANDRO LLC, in substantially the form attached hereto with modifications subject to City Attorney approval, and authorize the City Manager to execute the Agreement and related documents.

A.13. APPROVE A RESOLUTION DECLARING PURSUANT TO CALIFORNIA GOVERNMENT CODE § 54221 THAT THE REAL PROPERTY IDENTIFIED AS 24124 AND 24108 FIR AVENUE (APNS 481 -130-022 AND 481-130-023) IS SURPLUS LAND AND NOT NECESSARY FOR THE CITY ’S USE AT

THIS TIME, FINDING TH AT SUCH DECLARATION IS EXEMPT FROM

ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVING CERTAIN RELATED ACTIONS (Report of: Financial & Management Services)
Recommendation:

1. Approve a Resolution declaring pursuant to Californ ia Government Code Section 54221 that the real property identified as 24124 and 24108 Fir Avenue (APNs 481 -130-022 and 481 -130-023) is surplus land and not necessary for the City’s use at this time, finding that such declaration is exempt from environmenta l review under the California Environmental Quality Act, and approving certain related actions.

A.14. AUTHORIZATION OF CITY MANAGER TO EXECUTE AGREEMENTS FOR

PUBLIC SAFETY SERVICES BETWEEN THE CITY OF MORENO VALLEY

AND THE COUNTY OF RIVERSIDE TO ALIGN WI TH THE CITY COUNCIL APPROVED ADOPTED BUDGET FOR FY's 2023/24 - 2024/25 (Report of:

Financial & Management Services)
Recommendation:

1. Authorize the City Manager or designee to execute Cooperative Public Safety Agreements and Agreement Amendments with the C ounty of Riverside to align with the Council approved adopted budget for FY’s 2023/24 – 2024/25.

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A.15. FISCAL YEAR 2022/23 THIRD QUARTER BUDG ET REVIEW AND APPROVAL OF THE THIRD QUARTER BUDGET AMENDMENTS (Report of: Financial & Management Services)
Recommendations: That the City Council:

1. Receive and file the Fiscal Year 2022/23 Third Quarter Financial Summary and

2. Adopt Resolution No. 2023 -XX. A resolution of the City Council of the City of Moreno Valley, California, adopting the revised operations and capital budgets for Fiscal Year 2022/23.

Recommendation: That the CSD:

1. Adopt Resolution No. CSD 2023-XX. A resolution of the Moreno Valley Community Services District (CSD) of the City of Moreno Valley, California, adopting the revised operating and cap ital budgets for Fiscal Year 2022/23.

Recommendation: That the HA:

1. Adopt Resolution No. HA 2023 -XX. A resolution of the Moreno Valley Housing Authority (HA) of the City of Moreno Valley, California, adopting the revised operating and capital budgets for Fiscal Year 2022/23.

Recommendation: That the City Council as SA:

1. Adopt Resolution No. SA 2023 -XX. A resolution of the Successor Agency (SA) to the Community Redevelopment Agency of the City of Moreno Valley, California, adopting the revised operating a nd capital budgets for Fiscal Year 2022/23.

Recommendation: That the MVCF:

1. Adopt Resolution No. MVCF 2023 -XX. A resolution of the Moreno Valley Community Foundation (MVCF) of the City of Moreno Valley, California, adopting the revised operating and capit al budgets for Fiscal Year 2022/23.

A.16. AUTHORIZATION TO AWARD AGREEMENTS TO INTERWEST
CONSULTING GROUP, HR GREEN PACIFIC, INC. AND LADAYU

CONSULTING GROUP FOR SENIOR ENGINEER CONSULTANT

SERVICES WHICH ARE FUNDED THROUGH THE CITY'S PLAN REVIEW

FEES IN CONNECTION WITH SERVICES REQUESTED BY
DEVELOPERS/LANDOWNERS/APPLICANTS (Report of: Public Works) -8-
Recommendations:

1. Award Agreements for Professional Consultant Services with Interwest Consulting Group (Interwest), HR Green Pacific (HR Green), and Ladayu Consulting Group (Ladayu) to provide on -call Senior Engineer Consultant Services for the Land Development Division; and

2. Authorize the City Manager to execute Agreements for Professional Consultant Services with Interwest, HR Green Pacific, and Ladayu for the total aggregate not -to-exceed amount of $ 906,880 over the entire two-year term of the agreements, which include a one -year extension, beginning in Fiscal Year (FY) 2023/2024, subject to the approval of the City Attorney; and

3. Authorize the issuance of P urchase Orders to Interwest, HR Green Pacific, and Ladayu, and authorize the Chief Financial Officer to approve subsequent related Purchase Orders for annual extensions up to a maximum of one annual extension with each consultant, in accordance with the approved terms of the Agreement; and

4. Authorize the City Manager to execute any subsequent extensions and/or amendments to the Agreements, subject to the approval of the City Attorney, and provided sufficient funding is available within the City Council previously approved Operating Budget.

A.17. USA WASTE OF CALIFORNIA, INC. FISCAL YEAR 2023/24 ADJUSTMENT (Report of: Financial & Management Services)
Recommendation:

1. Approve Resolution No 2023-XX Adopting the Adjustment for the Solid Waste and Recycling S ervices as required by the Solid Waste and Recycling Franchise Agreement for FY 2023/24.

A.18. APPROVAL OF PUBLIC ART POLICY (Report of: Parks & Community Services)
Recommendation:

1. Approve the recommended Public Art Policy.

A.19. APPROVE ADJUSTED HOU RS OF OPERATION AT THE COTTONWOOD GOLF CENTER (Report of: Parks & Community Services)
Recommendation:

1. Approve the recommended adjusted hours of operation of the Cottonwood Golf Center to allow for improved maintenance.

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A.20. APPROVAL OF FIRST AMENDMENT TO AGREEMENT WITH BIO -TOX LABORATORIES FOR TOXICOLOGY TESTING SERVICES (AGMT. NO. 2019-307) (Report of: Police Department)
Recommendations:

1. Approve the First Amendment to Agreement for Toxicology Testing Services with Bio-Tox Laboratories, and

2. Authorize the City Manager or his designee to execute future Agreements, subsequent extensions, and amendments, in accordance with the City’s Procurement Administrative Procedure (AP #3.09) and pursuant to MC 3.12.260, Materials, Supplies and Equipment — Cooperative Purchasing, subject to the approval of the City Attorney, and provided sufficient funding is available within the City Council previously approved Operating Budget; and

3. Authorize an increase of $500,000 to the not -to-exceed amount of $400,000 of the Agre ement with Bio -Tox Laboratories for a total of $900,000 over the life of the Agreement.

A.21. APPROVAL OF FIRST AMENDMENT TO AGREEMENT WITH AMERICAN FORENSIC NURSES, INC. FOR COLLECTION OF BIOLOGICAL
EVIDENTIARY MATERIAL (AGMT. NO. 2019 -321) (Report of: Police Department)
Recommendations:

1. Approve the First Amendment to Agreement for blood draw, biological evidence, and urine collection services with American Forensic Nurses, Inc.; and

2. Authorize the City Manager or his designee to execute future Agreements, subsequent extensions, and amendments, in accordance with the City’s Procurem ent Administrative Procedure (AP #3.09) and pursuant to MC 3.12.260, Materials, Supplies and Equipment – Cooperative Purchasing, subject to the approval of the City Attorney, and provided sufficient funding is available within the City Council previously approved Operating Budget; and

3. Authorize an increase of $200,000 to the not -to-exceed amount of $160,000 of the Agreement with American Forensic N urses, Inc. for a total of $360,000 over the life of the Agreement.

A.22. APPROVE THE FIRST AMENDMENT TO THE AGREEMENT FOR ON -

CALL PROFESSIONAL CONSULTANT SERVICES FOR ADMINISTERING

THE COMMUNITY WORKFORCE PROGRAM WITH TSG ENTERPRISES,
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INC. DBA THE SO LIS GROUP FOR CITYWIDE PAVEMENT
REHABILITATION PROGRAM PROJECTS (Report of: Public Works) Recommendations:

1. Approve the First Amendment to Agreement for On -call Professional Consultant Services with TSG Enterprises, Inc. dba The Solis Group to provide add itional On -call Professional Consultant Services for administering the Communit y Workforce Program services for the citywide pavement rehabilitation program projects in the “Not -to- Exceed” fee amount of $93,773.00; and

2. Authorize the City Manager to execut e the First Amendment to Agreement for On -call Professional Consultant Services with TSG Enterprises, Inc. dba The Solis Group, subject to the approval by the City Attorney; and

3. Authorize an increase in the Purchase Order for TSG Enterprises, Inc. dba The Solis Group in the am ount of $18,863.00 once the First Amendment has been signed by all parties using SB1/RMRA State Gas Tax funds (Fund 2000A) and Capital Projects Reimbursements (Fund 3008); and

4. Authorize the City Manager to execute any subsequent Amen dments to the Agreemen t with TSG Enterprises, Inc. dba The Solis Group within Council approved annual budgeted amounts, including the authority to authorize the associated purchase orders in accordance with the terms of the Agreement, subject to the approv al of the City Attorney.

A.23. PEN21-0136 (TR 38123) – APPROVE TRACT MAP 38123 LOCATED AT

THE NORTHEAST CORNER OF ALESSANDRO BOULEVARD AND
LASSELLE STREET. DEVELOPER: D.R. HORTON, LOS ANGELES
HOLDING COMPANY, INC. (Report of: Public Works)
Recommendations:

1. Approve Tract Map 38123; and

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

A.24. PA03-0086 (TM 31592) - EXECUTE QUITCLAIM DEEDS TRANSFERRING

THE CITY'S TITLE INTEREST IN STORM DRAIN EASEMENTS TO THE

RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION
DISTRICT DEVELOPER - KB HOME CALIFORNIA, LLC (Report of: Public Works)
Recommendations:
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1. Accept the storm drain easements within L ots “L”, “S”, and “T” dedicated on Tract Map 31592 fo r construction and maintenance of flood control facilities as well as access easements within Lots “L” and “S” for ingress and egress; and

2. Authorize the City Manager to execute the Quitclaim Deeds transferring all rights, title, and interest in and to the storm drain and access easements recorded on Tract Map 31592, recorded in Map Book 461, Pages 57 through 80 inclusive, in the Official Records of Riverside County, California and by separate instrument DOC#2018- 0326762, to Riverside County Flood Control a nd Water Conservation District (RCFC&WCD); and

3. Direct the City Clerk to forward the signed Quitclaim Deeds to Riverside County Flood Control and Water Conservation District for further processing and recordation.

A.25. APPROVE RESOLUTION DIRECTING MORENO VALLEY UTILITY TO USE

REVENUE FROM CALIFORNIA LOW CARBON FUEL STANDARD (LCFS) MARKET SOLELY TO REDUCE GREENHOUSE GAS EMISSIONS (Report of: Public Works)
Recommendation:

1. Approve Resolution No. 2023-XX directing Moreno Valley Utility to use revenue from California Low Carbon Fuel Standard (LCFS) Market solely to reduce greenhouse gas emissions and improve local air quality consistent with the Greenhouse Gas Reduction Fund Act.

A.26. ACCEPT CALTRANS HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) GRANT FOR FOUR PROJECTS (Report of: Public Works) Recommendations:

1. Accept and approve the Program Supplement Agreements between California Department of Transportation (Caltrans) and the City of Moreno Valley (City) for the project of Traffic Signal Upgrades in the amount of $982,710 (Fund 2301) with a city local match of $109,190 (Fund 2000); and

2. Accept and approve the Program Supplement Agreements between California Department of Transportation (Caltrans) and the City of Moreno Valley (City) for the pr oject of Iris Avenue Corridor Safety Improvements in the amount of $449,370 (Fund 2301) with a city local match of $49,930 (Fund 2000); and

3. Accept and approve the Program Supplement Agreements between California Department of Transportation (Caltran s) and -12-
the City of Moreno Valley (City) for the project of Perris Boulevard Signalized Intersection Safety Improvements in the amount of $648,900 (Fund 23 01) with a city local match of $72,100 (Fund 2000); and

4. Accept and approve the Program Suppleme nt Agreements between California Department of Transportation (Caltrans) and the City of Moreno Valley (City) for the project of Overnight Intersection Visibility Systemic Safety Improvements in the amount of $1,294,830 (Fund 2301) with a city local match of $143,870 (Fund 2000); and

5. Authorize the Public Works Director/City Engineer to execute the Program Supplement Agreements and any subsequent
amendments, subject to the approval of the City Attorney; and

1. Authorize a budget adjustment as set fo rth in the Fiscal Impact section of this report.

A.27. ACCEPT SAFE STREETS AND ROADS FOR ALL (SS4A) GRANT FROM U.S. DEPARTMENT OF TRANSPORTATION FEDERA L HIGHWAY
ADMINISTRATION (Report of: Public Works)
Recommendations:

1. Accept and approve the Safe St reet for All (SS4A) Grant Agreement between the Federal Highway Administration (FHWA) and the City of Moreno Valley (City) in the amount of $435,600 (Fund 2301) with a city local match of $108,900 (Fund 2000); and

2. Authorize the Public Works Director/C ity Engineer to execute the attached Grant Agreement under the Fiscal Year 2022 Safe S treets and Roads for All Grant Program (SS4A), subject to any minor changes initiated by U.S. Department of Transportation and the approval of the City Attorney; and

3. Authorize the Public Works Director/City Engineer to execute any subsequent amendments to the Agreement, subject to the approval of the City Attorney;
and

4. Authorize a budget adjustment as set forth in the Fiscal Impact section of this report.

A.28. APPROVE RESOLUTION NO. 2023 -XX OF THE CITY COUNCIL OF THE

CITY OF MORENO VALLEY, CA LIFORNIA, AUTHORIZING THE JOINT

APPLICATION WITH INFLECTION POINT DESIGN AND DEVELOPMENT

GROUP, LLC TO AND PARTICIPATION IN THE HOMEKEY PROGRAM
(Report of: Financial & Management Services)
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Recommendations:

1. Approve Resolution No. 2023-XX of the City Council of the City of Moreno Valley, California, authorizing the joint application with Inflection Point Design and Development Group, LLC to and participation in the Homekey program.

2. Authorize the Assistant City Manager/Chief Financial Officer to execute the Application, MOU and any Homekey Documents on behalf of the City of Moreno Valley, for participation in the Homekey Program.

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

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

Recommendation: Waive reading of all Ordinances.

B.2. MINUTES - CITY COUNCIL - CLOSED SESSIO N - JUNE 6, 2023. (SEE ITEM A.2.)
Recommendation: Approve as submitted.

B.3. MINUTES - CITY COUNCIL - REGULAR MEETING - JUNE 6, 2023. (SEE ITEM A.3.)
Recommendation: Approve as submitted.

B.4. PURSUANT TO LANDOWNER P ETITIONS, ANNEX CERTAIN PARCELS INTO C OMMUNITY FACILITIES DISTRICT NO. 2021 -01 (PARKS MAINTENANCE) - AMENDMENT NOS. 82 -85, 92, 95 -99, and 101 (RESO.

NOS. CSD 2023- __ TO CSD 2023 -__) (Report of: Financial & Management Services)
Recommendation:

1. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities Dist rict No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 82) (Randy Barkley, located at 11489 and 11491 Mindora Dr.).

2. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Se rvices District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) -14-
and approving the amended map for said District (Amendment No. 83) (Roger Andre Black, located at 14137 and 14139 Cypress Sands Ln.).

3. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 84) (Christopher Robert and Emma Seymore, located at 24229 and 24231 Bay Ave.).

4. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Serv ices District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 85) (Christopher Robert and Emma Seymore, located at 26074 and 26076 Bay Ave.).

5. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City o f Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 92) (Blanca Chin, located at 24438 Lamont Dr.).

6. Adopt Resolution No. CSD 2023 -__, a Resolution of the Bo ard for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021-01 (Parks Maintenance) and approving the amended map for sa id District (Amendment No. 95) (DC Rental Prop, located at 12658 Laury Ln.).

7. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 96) (Tony Toan Ngoc Tran, located at 13210 Edgemont St).

8. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 97) (Tatum/Williams Living Trust Dated 8/24/2022, Rodney C. Tatum and Monica Williams, located at 10007 Arrow Leaf).

9. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the -15-
Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 98) (Martha Klee, located at 12089 Webb St.).

10. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of Moreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the amended map for said District (Amendment No. 99) (FB Crystal Cove, located on the southwest corner of Alessandro Blvd. and Lasselle St.).

11. Adopt Resolution No. CSD 2023 -__, a Resolution of the Board for the Moreno Valley Community Services District of the City of M oreno Valley, California, ordering the annexation of territory to City of Moreno Valley Community Facilities District No. 2021 -01 (Parks Maintenance) and approving the ame nded map for said District (Amendment No. 101) (Trista and Brian Koch, located at 10050 Via Pescadero).

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

ORDINANCE LISTED ON THE CONSENT CALENDAR INC LUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

C.2. MINUTES - CITY COUNCIL - CLOSED SESSION - JUNE 6, 2023. (SEE ITEM A.2.)
Recommendation: Approve as submitted.

C.3. MINUTES - CITY COUNCIL - REGULAR MEETING - JUNE 6, 2023. (SEE ITEM A.3.)
Recommendation: Approve as submitted.

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

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

Recommendation: Waive reading of all Ordinances.
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D.2. MINUTES - CITY COUNCIL - CLOSED SESSION - JUNE 6, 2023. (SEE ITEM A.2.)
Recommendation: Approve as submitted.

D.3. MINUTES - CITY COUNCIL - REGULAR MEETING - JUNE 6, 2023. (SE E ITEM A.3.)
Recommendation: Approve as submitted.

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

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

Recommendation: Waive reading of all Ordinances.

E.2. MINUTES - CITY COUNCIL - CLOSED SESSION - JUNE 6, 2023. (SEE ITEM A.2.)
Recommendation: Approve as submitted.

E.3. MINUTES - CITY COUNCIL - REGULAR MEETING - JUNE 6, 2023. (SEE ITEM A.3.)
Recommendation: Approve as submitted.

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

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

F.1. PUBLIC HEARING ESTABLISHING APPROPRIATIONS (“GANN”) LIMIT FOR FISCAL YEAR 2023/24 (RESO. NOS. 2023 -XX AND CSD 2023 -XX) (Report of: Financial & Management Services)
Recommendations: That the City Council and CSD:

1. Conduct a Public Hearing to re ceive public comments on the City of Moreno Valley General Fund appropriations limit for Fiscal Year 2023/24; and

2. Adopt Resolution No. 2023 -XX, a resolution of the City Council of the -17-
City of Moreno Valley, California, establishing the appropriations limi t for Fiscal Year 2023/24; and

3. Conduct a Public Hearing to receive public comments on the Moreno Valley Community Services District’s appropriations limit for Fiscal Year 2023/24; and

4. Adopt Resolution No. CSD 2023-XX, a resolution of the Moreno Valley Community Services District establishing the appropriations limit for Fiscal Year 2023/24.

G. ITEMS REMOVED FROM CONSENT CALENDARS FOR DISCUSSION OR

SEPARATE ACTION

H. GENERAL BUSINESS
H.1. RE-APPOINTMENT OF CERTAIN MEMBERS TO CERTAIN

COMMISSIONS, BOARDS AND COMMITTEES TO FULL THREE -YEAR
TERMS (Report of: City Clerk)
Recommendation:

1. Provide direction regarding whether to re -appoint certain members of certain Commissions, Boards and Committees, who were ap pointed on March 21, 2023, with terms expiring June 30, 2023, to full three - year terms, commencing July 1, 2023 through June 30, 2026.

H.2. TEMPORARILY EXTENDING EXPIRING TERMS OF CERTAIN MEMBERS

OF COMMISSIONS, BOARDS AND COMMITTEES THROUGH THE CITY
COUNCIL RECESS PERIOD (Report of: City Clerk)
Recommendation:

1. Provide staff direction on expiring terms ending on June 30, 2023, for those members appointed by the City Council under the former Mayor; or

2. Extend those terms expiring on June 30, 2023, until sometime after the City Council Recess, to provide sufficient time for applications to be submitted and processed prior to the official expira tion of the current members’ terms in order to provide the City Council adequate time to consider whether to reapp oint the current members or appoint new members while mitigating the risk of some commissions, boards or committees not being able to establis h a quorum during the City Council Recess Period due to terms that would otherwise expire on June 30, 2023 .
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H.3. PROVIDE DIRECTION REGARDING THE MOTION TO ISSUE A REQUEST FOR PROPOSAL TO HIRE A PERMANENT CITY ATTORNEY (Report of:

City Manager)
Recommendations:

1. Authorize the Assistant City Manager to create, issue and conduct a Request For Proposal (RFP) to hire a permanent City Attorney; or

2. Provide alternate direction to the Assistant City Manager.

H.4. DISCUSS THE JOINT USE AGREEMENTS BETWEEN THE MORENO

VALLEY UNIFIED SCHOOL DISTRICT AND THE CITY OF MORENO
VALLEY (Report of: City Manager)
Recommendation:

1. Authorize the Parks & Community Services Director to continue to work with Moreno Valley Unified School District to achieve their compliance with Contract 193 – Joint Use Agreement for Canyon Springs High School Swimming Pool; or

2. Provide alternat e dire ction to the Parks & Community Services Director.

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

CLOSING COMMENTS AND/OR REPORT S OF THE CITY COUNCIL, COMMUNITY

SERVICES DISTRICT, CITY AS SUCCESSOR AGENCY FOR THE COMMUNITY

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

ADJOURNMENT

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

Any written information related to an open session agenda item that is known by the City to have been distributed to all or a majority of the City Council less than 72 hours prior to this meeting will be made availab le for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street durin g normal business hours.
..

CERTIFICATION
I, Jane Halstead, City Clerk of the City of Moreno Valley, California, certify that 72 hours prior to this Regular Meeting, the City Council Agenda was posted on the City’s website at: www.moval.org and in the following three public places pursuant to City of Moreno Valley Resolution No. 2007-40:

City Hall, City of Moreno Valley
14177 Frederick Street

Moreno Valley Library
25480 Alessandro Boulevard

Moreno Valley Senior/Community Center
25075 Fir Avenue

Jane Halstead, CMC
City Clerk

Date Posted: June 15, 2023

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MINUTES

CITY COUNCIL OF THE CITY OF MORENO VALLEY

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY AS SUCCESSOR AGENCY FOR THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF MORENO VALLEY

MORENO VALLEY PUBLIC FINANCING AUTHORITY

MORENO VALLEY HOUSING AUTHORITY

CLOSED SESSION – 4:30 PM
June 6, 2023

CALL TO ORDER

The Closed Session of the City Council of the City of Moreno Valley, Moreno Valley Community Services District, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley, Housing Authority, and the Moreno Valley Public Financing Authority was called to order at 4:30 p.m. by Mayor Cabrera in the Council Chamber located at 14177 Frederick Street, Moreno Valley, California.

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

ROLL CALL

Council: Ulises Cabrera
Ed Delgado
David Marquez
Cheylynda Barnard
Elena Baca-Santa Cruz

Mayor
Mayor Pro Tem
Council Member
Council Member
Council Member

PUBLIC COMMENTS ON MATTERS ON THE AGENDA ONLY

Mayor Cabrera opened the public comments portion of the meeting for items listed on the agenda only. There being no members of the public to come forward to speak, he closed the public comments.

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CLOSED SESSION

Interim City Attorney Quintani lla announced that the City Council would recess to Closed Session to discuss the item as listed on the agenda and that he did anticipate reportable action.

A CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Potential Initiation of Litigation
Pursuant Government Code Section 54956.9
One Potential case

B REAL PROPERTY NEGOTIATIONS
Pursuant to Government Code Section 54956.8
Property: APNs 308-030-018 and 308-030-019

City Negotiators: Mike Lee, City Manager
Michael Lloyd, ACM (Development)
Brian Mohan, ACM/CFO
Negotiating Parties: City of Moreno Valley & Riverside County College District
(Moreno Valley College)
Under Negotiation: Price and Terms of Payment

C PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Clerk

Mayor Cabrera recessed the City Council to the City Manager's Conference Room, second floor, City Hall, for their Closed Session at 4:33 p.m.

Mayor Cabrera reconvened the City Council in the Council Chamber from their Closed Session at 5:39 p.m.

REPORT OF ACTION FROM CLOSED SESSION, IF ANY, BY CITY ATTORNEY Interim City Attorney Quintanilla announced that there was no reportable action taken in Closed Session.

ADJOURNMENT

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There being no further business to come before the City Council, Mayor Cabrera adjourned the meeting at 5:40 p.m.

Submitted by:

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

Approved by:

___________________________
Ulises Cabrera
Mayor
City of Moreno Valley
President, Moreno Valley Community Services District
Chairperson, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley
Chairperson, Moreno Valley Housing Authority
Chairperson, Board of Library Trustees
Chairperson, Public Financing Authority
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MINUTES

CITY COUNCIL REGULAR MEETING OF THE CITY OF MORENO VALLEY June 6, 2023

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CALL TO ORDER - 5:30 PM

SPECIAL PRESENTATIONS

1. Lamont Butler - San Diego State University: NCAA Men’s College Basketball A.3
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MINUTES

JOINT MEETING OF THE

CITY COUNCIL OF THE CITY OF MORENO VALLEY

MORENO VALLEY COMMUNITY SERVICES DISTRICT

CITY AS SUCCESSOR AGENCY FOR THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

CITY OF MORENO VALLEY

MORENO VALLEY HOUSING AUTHORITY

MORENO VALLEY PUBLIC FINANCING AUTHORITY

BOARD OF LIBRARY TRUSTEES

MORENO VALLEY COMMUNITY FOUNDATION

REGULAR MEETING – 6:00 PM
June 6, 2023

CALL TO ORDER

The Joint Meeting of the City Council, Community Services District, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley, Moreno Valley Housing Authority, Moreno Valley Public Financing Authority and the Board of Library Trustees was called to order at 6:01 p.m. by Mayor Cabrera in the Council Chamber located at 14177 Frederick Street.

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

PLEDGE OF ALLEGIANCE

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

INVOCATION

The invocation was given by Pastor Sergio Casarez from Generations Church.

ROLL CALL

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

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INTRODUCTIONS

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

PUBLIC COMMENTS ON ANY SUBJECT NOT ON THE AGENDA UNDER THE

JURISDICTION OF THE CITY COUNCIL
Drexell Johnson

1. Planning Commission Representation.

Brandon Carn

1. Arts Policy.

Daryl Terrell

1. Minor League Baseball Team.

Frank Fuentes

1. Home buyer Education Summit.

Tom Jerele Sr.

1. Planning Commissions Vacancies.

2. City Development.

Bob Palomarez

1. Council Comments.

Juana Avila
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1. City Maintenance.

Pete

1. Battle of Normandy.

Roy Bleckert

1. Battle of Normandy.

Louise Palomarez

1. Community Leadership.

PUBLIC COMMENTS ON ANY SUBJECT ON THE AGENDA UNDER THE

JURISDICTION OF THE CITY COUNCIL

JOINT CONSENT CALENDARS (SECTIONS A-E)
Mayor Ca brera asked Council if there were any items on the Consent Calendar they would like pulled for separate action.

Council Member Baca -Santa Cruz asked to pull item A.5 for separate discussion and action.

The item was pulled to Section G.

Tom Jerele Sr. (A.14)

1. Road Closures for Parade.

Louise Palomarez (A.11)

1. Public Safety.

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

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

Recommendation: Waive reading of all Ordinances.

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A.2. City Council - Closed Session - May 16, 2023 4:30 PM Recommendation:

1. Approve as submitted.

A.3. City Council - Regular Meeting - May 16, 2023 6:00 PM Recommendation:

1. Approve as submitted.

A.4. City Council - Special Meeting (Closed Session) - May 23, 2023 6:00 PM Recommendation:

1. Approve as submitted.

A.5. Item Pulled from Consent
A.6. SECOND READING OF ORDINANCE NO. 998 REGARDING SPECIFIC PLAN AMENDMENT FOR THE TOWNGATE SPECIFIC PLAN 200 (PEN21 - 0168) (Report of: Community Development)
Recommendation:

1. Conduct the second reading by title only and adopt Ordinance No. 998.

A.7. APPROVAL OF FIRST AMENDMENT TO AGREEMENT WITH ROMO PLANNING GROUP, INC., FOR PLANNING CONSULTANT SERVICES ON AN AS NEEDED BASIS (AGMT NO. 2022 -188-01) (Report of: Community Development)
Recommendations:

1. Approve the First Amendment to Agreement for Planning Consultant Services on an As Needed Basis with Romo Planning Group, Inc., and authorize the City Manager, or his designee, to execute the Amendment, and any subsequent amendments, an d Purchase Orders, subject to the approval of the City Attorney, in accordance with approved terms of the agreement and within available budget as previously approved by Council; and

2. Authorize an increase of $200,000.00 t o the not-to-exceed amount of the Agreement with Romo Planning Group, Inc., to $250,000.00, funded by fees paid by project applicants. Authorize the Purchasing Division Manager to approve a change order to increase Purchase A.3
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Order #2023-728 to Romo Planning Group, Inc.

A.8. MULTIPLE SPEC IES HABITAT CONSERVATION PLAN (MSHCP) LOCAL DEVELOPMENT MITIGATION FEE AUTOMATIC INCREASE. (Report of:

Community Development)
Recommendation:

1. Adopt Resolution No. 2023 -40. A Resolution implementing the automatic increase to the Multiple Species Habitat Conservation Plan (MSHCP) Local Development Mitigation Fee.

A.9. ADOPT RESOLUTION AUTHORIZING AMENDMENT NO. 10 TO THE

LOAN AGREEMENT BETWEEN THE CITY OF MORENO VALLEY AND
THE POLICE FACILITIES DEVELOPMENT IMPACT FEE FUND ( RESO.

NO. 2023-41) (Report of: Financial & Management Services) Recommendation:

1. Adopt a Resolution of the City Council of the City o f Moreno V alley, California, authorizing Amendment No. 10 to t he loan a greement between the City of Moreno Valley and t he P olice Fa cility Development Impact Fee fund.

A.10. PAYMENT REGISTER - APRIL 2023 (Report of: Financial & Management Services)
Recommendation:

1. Receive and file the Payment Register.

A.11. APPROVAL OF RESOLUTION TO ACCEPT FY22 RIVERSIDE UASI (URBAN AREA S SECURITY INITIATIV E) GRANT AWARD (Report of:

Financial & Management Services)
Recommendations:

1. Accept and approve the MOU (Memorandum of Understanding) with the City of Riverside, by and through its Office of Emergency Management, and the City of Moreno Valley (City) for t he project of Video Infrastructure and Analytics Terror Mitigation in the amount of $195,000; and

2. Authorize the City Manager to execute the associated UASI (Urban Area Security Initiative) grant program documents, in substantial conformance with the attac hed templates, upon, and subject to the approval of the City Attorney, and
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3. Authorize the City Manager to execute any subsequent amendments to the UASI grant program, subject to the approval of the City Attorney, in accordance with app roved terms of the a greement and within available budget as previously approve by Council; and

4. Authorize a budget adjustment as set forth in the Fiscal Impact section of this report.

A.12. PEN21-0181 – ADOPTION OF THE PROPOSED RESOLUTION FOR THE

SUMMARY VACATION OF A NORT HERLY PORTION OF BRODIAEA
AVENUE LOCATED EAST OF LASSELLE STREET. DEVELOPER: PROSE MORENO VALLEY OWNER, LLC. (Report of: Public Works)
Recommendations:

1. Adopt Resolution No. 2023 -42. A Resolution of the City Council of the City of Moreno Valley, California, Ordering the Summary Vacation of a Northerly Portion of Brodiaea Avenue Located East of Lasselle Street.

2. Direct the City Clerk to certify said resolution and transmit a copy of the resolution to the County Recorder’s office for recording.

A.13. APPROVE RESOLUTION 2023-43, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, ADOPTING 2023 UPDATE TO THE WILDFIRE MITIGATION PLAN (Report of: Public Works)
Recommendation:

1. Approve Resolution No. 2023-43, a Resolut ion of the City Coun cil of the City of Moreno Valley, California, adopt ing the 2023 update to the Annual Wildfire Mitigation Plan.

A.14. ROAD CLOSURES FOR 4TH OF JULY PARADE AND FUN FEST AND FIREWORKS SHOW (Report of: Public Works)
Recommendations:

Authorize the Moreno Valley Police Department/Public Works Director/City Engineer the authority to approve all 4 th of July Parade and Fun Fest Street closures as follows:

1. Closure of the following streets between the hours of 6:00 a.m. and 12:00 p.m. to condu ct the Fourth of Jul y Parade sched uled to take place on Tuesday, July 4, 2023.

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a. Towngate Boulevard between Frederick Street, Eucalyptus Avenue and Memorial Way;
b. Frederick Street between Centerpointe Drive and Cactus Avenue; c. Cottonwood Avenue between Pan Am Boulevard and Dunhill Drive; d. Eucalyptus Avenue between Pan Am Boulevard and Kochi Drive; e. Dracaea Avenue between Pan Am Boulevard and Kochi Drive; f. Atlantic Circle east of Frederick Street;
g. Brabham Street between Frederick Street and Andretti Street; h. Towngate Boulevard between Frederick Street and Heritage Way; i. Bay Avenue between Kristina Court and Courage Street; j. Alessandro Boulevard between Chagall Court and Elsworth Street; k. Brodiaea Avenue between Joy Street, and Frederick Street; l. Resource Way between Frederick Street and Corporate Way; m. Corporate Way between Calle San Juan de Los Lagos and Resource Way; n. Eastridge Street between Frederick Street and Heritage Way; o. Calle San Juan De Los Lagos between Frederick Street and Veterans Way; p. Veterans Way between Business Center Drive and Alessandro Boulevard; q. New Hope between Veterans Way and Elsworth;
r. Veterans Way between Cactus Avenue and Alessandro Boulevard, and s. Heritage Way between Towngate Boulevard and Town Circle.

2. Restrict parking along the southern roadway edge of Alessandro Boulevard between Frederick Street and Graham Street from 12:00 am until 10:00 pm on July 4, 2023.

3. Closure of the following street between the hours of 8:00 pm to 9:45 pm for the firework fallout zone.

a. Alessandro Boulevard between Frederick Street and Graham Street.

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

ORDINANCE LISTED ON THE CONSENT CALEND AR INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

B.2. MINUTES - CITY COUNCIL - CLOSED SESSION - MAY 16, 2023 (see item A.2)
Recommendation:

1. Approve as submitted.

B.3. MINUTES - CITY COUNCIL - REGULAR MEETING - MAY 16, 2023.(see item A.3)
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Recommendation:

1. Approve as submitted.

B.4. MINUTES - CITY COUNCIL - SPECIAL MEETING (CLOSED SESSION) (see item A.4)
Recommendation:

1. Approve as submitted.

B.5. AUTHORIZE SUBMISSION OF GRANT APPLICATION T O CA STATE PARKS HABITAT CONSERVATION FUND PROGRAM (Report of: Parks & Community Services)
Recommendations: That the City Council and CSD:

1. Authorize the Executive Director or its Authorized Representative, Parks & Community Services Director, to submit a grant application to California State Parks for the Habitat Conservation Fund Grant Program under the California Wildlife Protection Act of 1990 for enhancements along the Equestrian Park & Nature Center Trail; and

2. Adopt Resolution No. CSD 2023 -50. A reso lution of the Mo reno Valley Community Services District of the City of Moreno Valley, California, approving submission of an application for the Habitat Conservation Fund Program funds; Approving implementation of the awarded project; Certifying that the a pplicant will ha ve the required match and sufficient funding to complete the project; Certifying that the applicant has or will have sufficient funds to operate and maintain the project; Certifying that the applicant has reviewed, understands, and agrees t o the provisions contained in the contract shown in the Grant Administration Guide; Delegating authority to the Parks and Community Services Director to enter into the grant agreement and any other required grant documents; and Agreement to comply with all applicable fede ral, state and local laws, ordinances, rules, regulations and guidelines; and

3. If awarded, accept, and receive grant award funds from California State Parks Habitat Conservation Fund Grant Program; and

4. Authorize the Executive Director or designee to proc ess necessary budget adjustments and appropriations in FY 23/24 based on actual grant award funds received.

C. CONSENT CALENDAR - HOUSING AUTHORITY
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C.1. MINUTES - CITY COUNCIL - CLOSED SESSION - MAY 16, 2023 (see item A.2)
Recommendation:

1. Approve as submitted.

C.2. ORDINANCES - READING BY TITLE ONLY - THE MOTION TO ADOPT AN

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

Recommendation: Waive reading of all Ordinances.

C.3. MINUTES - CITY CO UNCIL - REGULAR MEETING - MAY 16, 2023 (see item A.3)
Recommendation:

1. Approve as submitted.

C.4. MINUTES - CITY COUNCIL - SPECIAL MEETING (CLOSED SESSION - MAY 23, 2023 (see item A.4)
Recommendation:

1. Approve as submitted.

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

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

Recommendation: Waive reading of all Ordinances.

D.2. MINUTES - CITY COUNCIL - CLOSED SESSION - MAY 16, 2023( (see item A.2)
Recommendation:

1. Approve as submitted.

D.3. MINUTES - CITY COUNCIL - REGULAR MEETING - MAY 16, 2023 (see item A.3)
Recommendation:

1. Approve as submitted.

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D.4. MINUTES - CITY COUNCIL - SPECIAL M EETING (CLOSED SESSION) MAY 23, 2023 (see item A.4)
Recommendation:

1. Approve as submitted.

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

ORDINANCE LISTED ON THE CONSENT CALENDA R INCLUDES WAIVER OF FULL READING OF THE ORDINANCE.

Recommendation: Waive reading of all Ordinances.

E.2. MINUTES - CITY COUNCIL - REGULAR MEETING - MAY 16, 2023 ((see item A.2)
Recommendation:

1. Approve as submitted.

E.3. MINUTES - CITY COUNCIL - REGULAR MEE TING - MAY 16, 2023.(see item A.3)
Recommendation:

1. Approve as submitted.

E.4. MINUTES - CITY COUNCIL - SPECIAL MEETING (CLOSED SESSION) - MAY 23, 2023 (see item A.4)
Recommendation:

1. Approve as submitted.

F. PUBLIC HEARINGS
F.1. PUBLIC HEARING REG ARDING THE NAT IONAL POLLUTANT

DISCHARGE ELIMINATION SYSTEM (NPDES) REGULATORY RATE

SCHEDULE FOR NEW AND EXISTING RESIDENTIAL, COMMON

INTEREST, COMMERCIAL, INDUSTRIAL, AND QUASI -PUBLIC USE DEVELOPMENT PROPOSED FISCAL YEAR (FY) 2023/2024 ANN UAL RATES (Report of: Public Works)
Recommendations: That the City Council:

1. Conduct a Public Hearing to review and confirm annual regulatory rate schedule for the National Pollutant Discharge Elimination System A.3
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Program for New Residential, Common Interest, Commercial, Industrial and Quasi-Public Land Uses.

2. Adopt Resolution No. 2023-44, a Resolution of the City Council of the City of Moreno Valley, California, Author izing and Approving the Levy of the National Pollutant Discharge Elimination System (NPDES) Regulatory Rate for New and E xisting Residential, Common Interest, Commercial, Industrial, and Quasi -Public Use Development of the County of Riverside Property Tax Roll.

3. Authorize the Chief Financial Officer to adjust the rates levied on the property tax bills in the ev ent there are any parcel changes between the City Council meeting date and the date the fixed charges are submitted to the County of Riverside or oth er adjustments, provided the applied rate does not exceed the maximum rate, is in compliance with the ballo t for each par cel, and is consistent with the adopted budget.

Public Works Director Melissa Walker provided the staff report.

Mayor Cabrera called for Council questions of staff.

With no Council questions of staff, Mayor Cabrera opened the Public Hearing.

With no public comments on this matter, Mayor Cabrera called for Council deliberation.

With no Council deliberation, Mayor Cabrera entertained a motion.

Motion made by Mayor Pro Tem Delgado and seconded by
Council Member Marquez to approve the national pollutant discharge elimination system (NPDES) regulatory rate schedule for new and existing residential, common interest, commercial, industrial, and quasi-public use development proposed fiscal year (fy) 2023/2024 annual rates.

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

RESULT: APPROVED [UNANIMOUS]
MOVER: Ed Delgado, Mayor Pro Tem
SECONDER: David Marquez, Council Member
AYES: Cabrera, Delgado, Marquez, Barnard, Baca-Santa Cruz F.2. PUBLIC HEARING AND ADOPTION OF THE CAPITAL IMPROVEMENT PLAN AND BUDGET FOR FISCAL YEARS 2023/24 & 2024/25 (2023 -45, HA A.3
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2023-03, CSD 2023-51, SA 2023-03, MVCF 2023-02) (Report of: Financial & Management Services)
Recommendations: To the City Council:

1. Conduct a Public Hearing to adopt Resolution No. 2023-45. approving the Capital Improvement Plan and Budget for FYs 2023/24 and 2024/25;

2. Authorize th e Public Works Director to prepare/finalize t he Adopted Capital Improvement Plan (CIP) once adopted by Council for the purpose of completing the California Society of Municipal Finance Officers award program requirements and final distribution;

3. Authorize the Chief Financial Officer to consolidate th e approved CIP Budget with the approved and adopted City Operating Budget for FY s 2023/24 and 2024/25.

Recommendations: To the Housing Authority:

1. Conduct a Public Hearing to adopt Resolution No. HA 2023 -03, a Resolution of the Moreno Valley Housing Auth ority of the C ity of Moreno Valley, California, approving the CIP for FYs 2023/24 and 2024/25.

2. Authorize the Public Works Director to prepare/finalize the Adopted Capital Improvement Plan (CIP) once adopted by Council for the purpose of completing the Cal ifornia Societ y of Municipal Finance Officers award program requirements and final distribution;

3. Authorize the Chief Financial Officer to consolidate the approved CIP Budget with the approved and adopted City Operating Budget for FYs 2023/24 and 2024/25.

Recommendations: To the CSD:

1. Conduct a Public Hearing to adopt Resolution No. CSD 2023 -51, a Resolution of the Community Services District of the City of Moreno Valley, California, approving the CIP for FYs 2023/24 and 2024/25.

2. Authorize the Public Work s Director to prepare/finalize the Adopted Capital Improvement Plan (CIP) once adopted by Council for the purpose of completing the California Society of Municipal Finance Officers award program requirements and final distribution;

3. Authorize the Chief Fin ancial Officer to consolidate the approved CIP Budget with the approved and adopted City Operating Budget for FY s 2023/24 and 2024/25.

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Recommendations: To the Successor Agency:

1. Conduct a Public Hearing to adop t Resolution No. SA 2023 -03, a Resolution of the Successor Agency to the Community
Redevelopment Agency of the City of Moreno Valley, California, approving the CIP for FYs 2023/24 and 2024/25.

2. Authorize the Public Works Director to prepare/finalize the Ad opted Capital Improvement Plan (CIP) once ado pted by Counci l for the purpose of completing the California Society of Municipal Finance Officers award program requirements and final distribution;

3. Authorize the Chief Financial Officer to consolidate the app roved CIP Budget with the approved and adopted City Operating Budget for FYs 2023/24 and 2024/25.

Recommendations: To the Moreno Valley Community Foundation:

1. Conduct a Public Hearing to adopt Resolution No. MVCF 2023 -02, a Resolution of the Moreno Valley Community Foundation of the City of Moreno V alley, Califor nia, approving the CIP for FYs 2023/24 and 2024/25.

2. Authorize the Public Works Director to prepare/finalize the Adopted Capital Improvement Plan (CIP) once adopted by Council for the purpose of co mpleting the California Society of Municipal Finance Officers award program requirements and final distribution;

3. Authorize the Chief Financial Officer to consolidate the approved CIP Budget with the approved and adopted City Operating Budget for FY s 2023/24 and 2024/25.

Assistant City Manager Brian Mohan provided the staff report.

Mayor Cabrera called for Council questions of staff.

Mayor Pro Tem Delgado and Mayor Cabrera commended staff.

With no further Council questions of staff, Mayor Cabrera opened the Public Hearing.

Public comments were heard.

Christopher Baca

1. Concerns.

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Tom Jerele Sr.

1. Community Developments.

Louise Palomarez

1. Praise City Staff.

With the conclusion of public comments, Mayor Cabrera called for Council deliberation.

Council Member Baca-Santa Cruz asked for clarification from staff.

Assistant City Manager Brian Mohan responded to Council Member Baca-Santa Cruz's inquiries.

Mayor Cabrera commented on the need to expand City facilities to all Districts in the City.

With the conclusion of Council deliberation, Mayor Cabrera entertained a motion.

Motion made by Mayor Pro Tem Delgado and seconded by
Council Member Baca Santa Cruz to adopt the Capital
Improvement Plan for fiscal years 2023/24 & 2024/25.

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

RESULT: APPROVED [UNANIMOUS]
MOVER: Ed Delgado, Mayor Pro Tem
SECONDER: Elena Baca-Santa Cruz, Council Member
AYES: Cabrera, Delgado, Marquez, Barnard, Baca-Santa Cruz F.3. MUNICIPAL CODE AMENDMENT TO AMEND VARIOUS SECTIONS WITHIN TITLE 9 PLANNING AND ZONING INCLUDING CHAPTERS 9.02 PERMITS AND APPROVALS, 9.03 RESIDENTIAL DISTRICTS, 9.09 SPECIFIC USE DEVELOPMENT STANDARDS, AN D 9.15 DEFINI TIONS (Report of: Community Development)

Recommendation: That the City Council:

1. CONDUCT the first reading of Ordinance No. 999 and introduce the Ordinance amending Sections 9.02.020, 9.02.320, 9.03.050,

9.04.050, 9.09.130, 9.09.150, 9.09.160, 9.09.170, 9.09.180, 9.09.320, A.3
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9.09.330, and 9.15.030 of Title 9 of the City of Moreno Valley Municipal Code to provide updates that comply with State requirements related to compliance with new State Law and Housing and Community Development (HCD) requirements, stream line Code requirements to provide flexibility and clarity regarding existing requirements, and to streamline certain processes, and provide for other minor clarifications and clean-up items; and,

2. SCHEDULE the second reading and adoption of Ordinance No. 999 for the next regular City Council meeting.

Acting Community Development Director Sean Kelleher provided the staff report.

Mayor Cabrera called for Council questions of staff.

Mayor Cabrera and Mayor Pro Tem Delgado asked questions of staff.

Acting Community Development Director Sean Kelleher responded to all Council questions.

Mayor Cabrera opened the public hearing.

With no public comment, Mayor Cabrera called for Council deliberation.

With no Council deliberation, Mayor Cabrera entertained a motion.

Motion made by Mayor Pro Tem Delgado and seconded by
Council Member Marquez to adopt the Municipal Code
amendment to various sections within Title 9 Planning and Zoning.

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

RESULT: APPROVED [UNANIMOUS]
MOVER: Ed Delgado, Mayor Pro Tem
SECONDER: David Marquez, Council Member
AYES: Cabrera, Delgado, Marquez, Barnard, Baca-Santa Cruz G. ITEMS REMOVED FROM CONSENT CALENDARS FOR DISCUSSION OR

SEPARATE ACTION
G.1. CITY COUNCIL SUMMER MEETINGS SCHEDULE (Report of: City Clerk) Recommendation:

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1. Set the Summer meetings schedule that cancels July 4th, July 18th, August 1st, and 15 th Regular meetings, a nd July 11 th and August 8 th Study Sessions.

Mayor Cabrera called for Council questions of staff.

With no Council questions of staff, Mayor Cabrera called for public comments to be heard.

Roy Bleckert

1. Critical of Council Recess.

Louise Palomarez

1. Critical of Council Recess.

Public comments were heard.

Mayor Cabrera called for Council deliberation.

With the conclusion of Council deliberation, Mayor Cabrera entertained a motion.

Motion made by Council Member Baca-Santa Cruz and seconded by Mayor Pro Tem Delgado to approve the amended City Council summer meetings schedule, cancelling the regular City Council meetings scheduled for July 4th, July 18th, and August 1st, as well as the City Council study sessions scheduled for July 11th and August 8th. City Council meetings would resume on August 15th.

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

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

None.

I. REPORTS

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I.1. CITY COUNCIL REPORTS
(Informational Oral Presentation - not for Council action)

March Joint Powers Commission (JPC)
None.

Riverside County Habitat Conservation Agency (RCHCA)
None.

Riverside County Transportation Commission (RCTC)
Mayor Cabrera reported the following:

The Committee heard a presentat ion rega rding the o perations of METROLINK and approved the Fiscal Year 2023/2024 Southern California Regional Rail Authority’s (SCRRA) operating and capital budget.

The Committee awarded several agreements to provide on -call grant writing services for a four-year term.

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

The Board approved and adopted the Agency’s updated Public Transportation Agency Safety Plan effective May 25, 2023.

The Board held a public hearing on the Fisc al Year 2023-2024 Operating Budget and adopted it.

Western Riverside Council of Governments (WRCOG)
Council Member Baca-Santa Cruz reported the following:

Items covered at the WRCOG Executive Committee meeting on June 5, 2023, included approval of a Reg ional Fo od Rescue a nd Technical Assistance Agreement with MSW Consultants for an edible food recovery program.

Western Riverside County Regional Conservation Authority (RCA) Council Member Baca-Santa Cruz reported the following:

Items covered at the RCA Board of Directors meeting on June 5, 2023, included A.3
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the Adoption of Fiscal Year 2023/24 Budget and Approval of the Biological Monitoring Program Work Plans.

School District/City Joint Task Force
None.

I.2. EMPLOYEE ASSOCIATION REPORTS
None.

I.3. CITY MANAGER'S REPORT

1. Illegal Fireworks

2. Free Wifi Garden

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

SERVICES DISTRICT, CITY AS SUCCESSOR AGENCY FOR THE COMMUNITY

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

Council Member Baca-Santa Cruz

1. Conference and City Events.

2. Pride Month.

3. Juneteenth Event.

Council Member Marquez
No Comments.

Council Member Barnard

1. Congratulated Local Graduates.

2. Local Events.

3. Juneteenth Event.

Mayor Pro Tem Delgado

1. Recent Local Events.

2. Weed Abatement.

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3. Juneteenth Event.

Mayor Cabrera

1. Conference Takeaways.

2. Local Events.

3. Boards & Commissions

Motion made by Council Member Marquez and seconded by Mayo r Cabrera to add an item to the next meeting to consider initiating a p artnership or collaboration to provide swimming and water safety lessons for the residents of Moreno Valley for the Summer and beyond.

Motion passed by a vote of 4 -1, with Council Mem ber Marquez, Counci l Member Barnard, Mayor Pro Tem Delgado, Mayor Cabre ra voting yes, and Council Member Baca-Santa Cruz voting no.

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

Motion made by Mayor Cabrera and seconded by Council Member Marquez to add an item to the next regularly scheduled City Council meeting to issue a RFP to hire a permanent City Attorney and conduct interviews through a transparent process, with the goal of hiring a City Attorney by this Fall.

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

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

ADJOURNMENT

There being no furt her business to com e before the City Council, Mayor Cabrera adjourned the meeting in honor of the lives lost at the Battle of Normandy at 7:39PM.

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PUBLIC INSPECTION

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

Any written information related to an open session agen da item that is known by the City to have been distributed to all or a majority of the City Co uncil less than 72 hours prior to this meeting will be made available for public inspection on the City’s website at www.moval.org and in the City Clerk’s office at 14177 Frederick Street during normal business hours.

Submitted by:

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

Approved by:

___________________________
Ulises Cabrera
Mayor
City of Moreno Valley
President, Moreno Valley Community Services District
Chairperson, City as Successor Agency for the Community Redevelopment Agency of the City of Moreno Valley
Chairperson, Moreno Valley Housing Authority
Chairperson, Board of Library Trustees
Chairperson, Public Financing Authority
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Report to City Council

ID#6111 Page 1
TO: Mayor and City Council

FROM: Jane Halstead, CMC, City Clerk

AGENDA DATE: June 20, 2023

TITLE: COUNCIL DISCRETIONARY EXPENDITURE REPORTS
FOR FISCAL YEAR 2022/2023 FROM JULY 1, 2022
THROUGH MAY 31, 2023.

RECOMMENDED ACTION
Recommendation:

1. Receive and file the Fiscal Year 202 2/2023 Council Discretionary Exp enditure Report for July 1, 2022 through May 31, 2023.

SUMMARY

This staff report is prepared at the request of the City Council to provide transparency with respect to the expenditure of City funds from City Council Discr etionary Expenditure Accounts. These reports are for each Council Member’s year to date expenditures for Fiscal Year 202 2/2023, for July 1, 202 2 through May 31, 2023 . Each Council District receives an annual budget allocation of $3,000 and the Mayor receives an annual budget allocation of $6,000.

With the adoption of the current fiscal year budget and pursuant to Resolution No. 2021- 31, unu sed monies from Fiscal Year 202 1/2022 has been carried over to the current Fiscal Year as approved by the City Manager.

The expenditure reports are included routinely in the City Council agenda as an additional means of distributing reports on activities to the Council and public. The reports are to be posted to the City’s website foll owing Council approval. The monthly reports provide unaudited information and are reconciled to the City’s general ledger.

Following the end of the Fiscal Year, the financial information shall be reviewed as part of the City’s independent financial audit.

NOTIFICATION
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Posting of the agenda as required by the Brown Act.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Jasmin Rivera Jane Halstead
Management Assistant City Clerk

CITY COUNCIL GOALS
None

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. FY 22-23 Expenditure Report Sheet

APPROVALS

Budget Officer Approval ✓ Approved . 6/13/23 5:10 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/13/23 5:23 PM A.4
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MAYOR ULISES CABRERA
Fiscal Year 2022/2023 Council Discretionary Expenditures Accounts: 1010-10-01-10015-620130 Mayor Discretionary
1010-10-01-10015-620131 Mayor Discretionary - Carryover December 13, 2022 – May 31, 2023
Date Amount Description
12/27/2022 563.98 The Leela Project
8/31/2022 $ 500.00 No expenditures to report for January 2023 2/17/2023 $ 372.60 For the People Event
3/14/2023 $ 103.87 Moreno Valley College Art Project - "MOVAL" Letters 3/27/2023 $ 300.00 Palm Middle School - Autism Art Show (PTA) 3/31/2023 $ 50.00 League of California Cities Riverside County Division Dinner 4/11/2023 $ 300.00 Rosy Cortez Art Supply contribution "MVCC" 4/18/2023 $ 500.00 Community Health Systems, Inc -Backpack Giveaway 5/16/2023 $ 300.00 Moreno Valley Mall Cinco De Mayor Festival 5/30/2023 $ 200.00 Edgemont Woman's Club - Mural Project $ 2,690.45 TOTAL Council Discretionary Expenditures for FY 22/23 $ 3,000.00 FY 22/23 Adopted Budget Amount
$ --Carryover Budget Amount FY 21/22
$ 3,000.00 FY 22/23 Amended Budget Amount
$ 309.55 FY 22/23 Budget Amount Remaining
Source: Unaudited financial data from the City's accounting records.

Updated as of: 6/12/2023
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Attachment: FY 22-23 Expenditure Report Sheet (6111 : COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR 2022/2023)

MAYOR PRO TEM EDWARD A. DELGADO
Fiscal Year 2022/2023 Council Discretionary Expenditures Accounts: 1010-10-01-10012-620112 District 2 Discretionary 1010-10-01-10012-620117 District 2 Discretionary - Carryover July 1, 2022 – May 31, 2023

Date Amount Description
No expenditures to report for July 2022
8/2/2022 $ 108.25 Trailseekers Moreno Valley Equestrian Center Reservation 8/26/2022 $ 500.00 Diamond Girls Softball Association Team Contribution: Lady Outlaws 8/31/2022 $ 190.84 The Bob Hope Project Plaque 9/30/2022 $ 500.00 Canyon Springs Little League 9/30/2022 $ 187.50 Banning State of the City 10/24/2022 $ 208.54 Elks Lodge Hoop-Shoot
No expenditures to report for November 2022
No expenditures to report for December 2022
1/10/2023 $ 500.00 The Hole in Wall, Inc.
2/3/2023 $ 242.00 Trailseekers Moreno Valley Equestrian Center Reservation No expenditures to report for March 2023
No expenditures to report for April 2023
5/16/2023 $ 250.00 Valley View Baseball Boosters

$ 2,687.13 TOTAL Council Discretionary Expenditures for FY 22/23

$ 3,000.00 FY 22/23 Adopted Budget Amount
$ 335.00 Carryover Budget Amount FY 21/22
$ 3,335.00 FY 22/23 Amended Budget Amount

$ 647.87 FY 22/23 Budget Amount Remaining

Source: Unaudited financial data from the City's accounting records.

Updated as of: 6/12/2023
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Attachment: FY 22-23 Expenditure Report Sheet (6111 : COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR 2022/2023)

COUNCIL DISTRICT 1 ELENA BACA-SANTA CRUZ
Fiscal Year 2022/2023 Council Discretionary Expenditures Accounts: 1010-10-01-10011-620111 District 1 Discretionary 1010-10-01-10011-620116 District 1 Discretionary - Carryover July 1, 2022 – May 31, 2023

Date Amount Description
No expenditures to report for July 2022
8/31/2022 $ 200.00 Diamond Girls Softball Association Team Contribution: Ruthless 9/21/2022 $ 30.00 League of California Cities Riverside County Division Dinner 9/30/2022 $ 187.50 Banning State of the City 10/13/2022 $ 250.00 The Hole in Wall Inc. 10/31/2022 $ 49.37 Turning Red Tape into Red Carpet 6/3/2022 $ 50.00 No expenditures to report for November 2022 12/29/2022 $ 250.00 Tuning Sounds Organization 1/20/2023 $ 40.00 No expenditures to report for January 2023 No expenditures to report for February 2023
2/28/2023 $ 190.71 Edgemont Women’s Club Forum 3/8/2023 $ 92.78 Edgemont Women’s Club Forum 3/24/2023 $ 250.00 Canyon Springs Little League 3/31/2023 $ 60.54 24th Annual Cesar E. Chavez Memorial Breakfast 4/24/2023 $ 350.00 Edgemont Women’s Club Audio Equipment rental fee reimbursement 1/20/2023 $ 40.00 No expenditures to report for May 2023

$ 1,910.90 TOTAL Council Discretionary Expenditures for FY 22/23

$ 3,000.00 FY 22/23 Adopted Budget Amount
$ 1,450.00 Carryover Budget Amount FY 21/22
$ 4,450.00 FY 22/23 Amended Budget Amount

$ 2,539.10 FY 22/23 Budget Amount Remaining

Source: Unaudited financial data from the City's accounting records.

Updated as of: 6/12/2023
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Attachment: FY 22-23 Expenditure Report Sheet (6111 : COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR 2022/2023)

COUNCIL DISTRICT 3 DAVID MARQUEZ
Fiscal Year 2022/2023 Council Discretionary Expenditures Accounts: 1010-10-01-10013-620113 District 3 Discretionary 1010-10-01-10013-620118 District 3 Discretionary - Carryover July 1, 2022 – May 31, 2023

Date Amount Description
7/31/2022 $ 50.00 Jamil Dada Awards Ceremony Dinner
8/26/2022 $ 500.00 Diamond Girls Softball Association Team Contribution: Luna Chicks 8/31/2022 $ 190.84 No expenditures to report for September 2022Hope Project Plaque 4/23/2022 $ 108.25 No expenditures to report for October 2022Hope Sponsorship Trail seekers MVEC No expenditures to report for November 2022
12/08/2022 $ 50.00 2022 State of Riverside County
6/4/2022 $ 135.00 No expenditures to report for January 2023 2/8/2023 $ 500.00 Diamond Girls Softball Association Team Contribution: Mad Batters 2/22/2023 $ 1,000.00 Moreno Valley Community Band Wind Symphony 3/13/2023 $ 267.75 San Gorgonio Girl Scouts
No expenditures to report for April 2023
No expenditures to report for May 2023

$ 2,367.75 TOTAL Council Discretionary Expenditures for FY 22/23

$ 3,000.00 FY 22/23 Adopted Budget Amount
$ 5,829.00 Carryover Budget Amount FY 21/22
$ 8,829.00 FY 22/23 Amended Budget Amount

$ 6,461.25 FY 22/23 Budget Amount Remaining

Source: Unaudited financial data from the City's accounting records.

Updated as of: 6/12/2023
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Attachment: FY 22-23 Expenditure Report Sheet (6111 : COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR 2022/2023)

COUNCIL DISTRICT 4 CHEYLYNDA BARNARD
Fiscal Year 2022/2023 Council Discretionary Expenditures Accounts: 1010-10-01-10014-620114 District 4 Discretionary 1010-10-01-10014-620119 District 4 Discretionary - Carryover December 13, 2022 – May 31, 2023

Date Amount Description
No expenditures to report for December 2022
No expenditures to report for January 2023
2/3/2023 $ 167.63 San Gorgonio Girl Scouts
No expenditures to report for March 2023
No expenditures to report for April 2023
No expenditures to report for May 2023

$ 167.63 TOTAL Council Discretionary Expenditures for FY 22/23

$ 1,500.00 FY 22/23 Adopted Budget Amount
$ - Carryover Budget Amount FY 21/22 $ 1,500.00 FY 22/23 Amended Budget Amount

$ 1,332.37 FY 22/23 Budget Amount Remaining

Source: Unaudited financial data from the City's accounting records.

Updated as of: 6/12/2023
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Attachment: FY 22-23 Expenditure Report Sheet (6111 : COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR 2022/2023)

COUNCIL DISTRICT 4 ULISES CABRERA
Fiscal Year 2022/2023 Council Discretionary Expenditures Accounts: 1010-10-01-10014-620114 District 4 Discretionary 1010-10-01-10014-620119 District 4 Discretionary - Carryover July 1, 2022 – December 13, 2022

Date Amount Description
7/29/2022 $ 500.00 Community Health Systems, Inc Backpack Giveaway 7/29/2022 $ 500.00 Moreno Valley Community Band/ Wind Symphony Student Dues contribution 7/31/2022 $ 50.00 Jamil Dada Awards Ceremony Dinner 7/31/2022 $ 53.98 District 4 Town Hall Beverages and Snacks 7/31/2022 $ 14.52 District 4 Town Hall Beverages and Snacks 7/31/2022 $ 24.60 District 4 Town Hall Beverages and Snacks 8/8/2022 $ 400.00 Moreno Valley Unified School District Health & Resource Fair Supplies 8/26/2022 $ 300.00 Blessed Ministry CDC Backpack Giveaway 9/30/2022 $ 187.50 Banning State of the City 10/31/2022 $ 787.79 Valley View High School Football Team- Pre-Game Meal Raising Cane's No expenditures to report for November 2022

$ 2,818.39 TOTAL Council Discretionary Expenditures for FY 22/23

$ 3,000.00 FY 22/23 Adopted Budget Amount
$ - Carryover Budget Amount FY 21/22 $ 3,000.00 FY 22/23 Amended Budget Amount

$ 181.61 FY 22/23 Budget Amount Remaining

Source: Unaudited financial data from the City's accounting records.

Updated as of: 6/12/2023

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Attachment: FY 22-23 Expenditure Report Sheet (6111 : COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR 2022/2023)

MAYOR DR. YXSTIAN A. GUTIERREZ
Fiscal Year 2022/2023 Council Discretionary Expenditures Accounts: 1010-10-01-10015-620130 Mayor Discretionary
1010-10-01-10015-620131 Mayor Discretionary - Carryover July 1, 2022 – December 12, 2023

Date Amount Description
7/31/2022 $ 50.00 Jamil Dada Awards Ceremony Dinner
8/31/2022 $ 500.00 Diamond Girls Softball Association Team Contribution: Luna Chicks 9/01/2022 $ 1,000.00 Valley View High School Football Team Uniforms 9/21/2022 $ 30.00 League of California Cities Riverside County Division Dinner 9/30/2022 $ 187.50 Banning State of the City 11/28/2022 $ 9,622.63 Mayor's Turkey Give Away - Turkeys

$ 11,390.13 TOTAL Council Discretionary Expenditures for FY 22/23

$ 6,000.00 FY 22/23 Adopted Budget Amount
$ 5,767.00 Carryover Budget Amount FY 21/22
$ 11,767.00 FY 22/23 Amended Budget Amount

$ 376.87 FY 22/23 Budget Amount Remaining
Source: Unaudited financial data from the City's accounting records.

Updated as of: 6/12/2023
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Attachment: FY 22-23 Expenditure Report Sheet (6111 : COUNCIL DISCRETIONARY EXPENDITURE REPORTS FOR FISCAL YEAR 2022/2023)

Report to City Council

ID#6300 Page 1
TO: Mayor and City Council

FROM: Sean P. Kelleher, Acting Community Development Director

AGENDA DATE: June 20, 2023

TITLE: AUTHORIZATION TO SUBMIT A GRANT PROPOSAL FOR

THE TRANSFORMATIVE CLIMATE COMMUNITIES (TCC)
ROUND 5 PLANNING GRANT PROGRAM FUNDS

RECOMMENDED ACTION
Recommendation: That the City Council:

1. ADOPT Resolution No. 2023 -XX, authorizing City staff to submit an application for Transformative Climate Communities (TCC) Round 5 Planning Grants Program Funds in the amount of $ 300,000 for sev eral projects as required by the grant guidelines, and authorizing the City Manager to execute an agreement to accept grant funds.

SUMMARY
This report recommends that the City Council adopt a resolution authorizing staff to submit an application for Transformative Climate Communities (TCC) Round 5 Planning Grants Program in the amount of $300,000 to request f unding for the creation of an Action Plan to address topics including environmental health and food access as required by the grant guidelines.

BACKGROUND
The Transformative Climate Communities Program (TCC) invests in community -led climate resilience projects in the state’s most disadvantaged communities. The program objectives are to reduce greenhouse gas emissions, improve public health and the environment, and support economic opportunity and shared prosperity.

Since 2018, the California Strategic Growth Council has awarded TCC grants to 30 communities in California , including the City of Moreno Valley . In 2018, the City was awarded $93,960 in fundi ng for Engage MoVal: Outreach Toolbox for Disadvantaged A.5
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Communities.

The Transformative Climate Communities (TCC) Round 5 Planning Grants Program application requires the applicant’s governing body to certify by resolution the approval of the application before submission.

DISCUSSION
Planning staff has identified a potential qualifying project under the grant. The MoVal Healthy Places Community Action Plan (working title) will provide data analysis, policy development, and implementation strategies to assi st in achieving health equity for the entire community of Moreno Valley. The Action Plan will address topics including but not limited to environmental health and food access.

City Staff is proposing to apply for the maximum grant award amount of $300,000 for this round of funding. It should be noted that t his grant application does not require a financial match.

The City already has efforts underway to address various policies and create programs provided in the General Plan MoVal 2040, which was updated in June 2021. If awarded, the TCC Planning Grant Program funds would provide the opportunity to expand and accelerate these efforts, focusing on MoVal 2040’s Environmental Justice and Healthy Community Elements.

This task meets Transformative Climate Commu nities (TCC) Round 5 Planning Grants Program by promoting the State of California’s economic, equity, and climate resiliency goals.

ENVIRONMENTAL
The grant application is not a project under the California Environmental Quality Act (CEQA), therefore no CEQ A analysis is required. Further, the implementation of activities using the grant monies would not meet the CEQA definition of a project, and therefore would not require further review.

ALTERNATIVES

1. Authorize City staff to submit an application for Transfo rmative Climate Communities (TCC) Round 5 Planning Grants Program in the amount of $300,000 for the proposed MoVal Healthy Places Community Action Plan (working title) by approving the resolution. This alternative is recommended by staff.

2. Do not approve th e resolution authorizing staff to submit the proposed grant application. Funding of the proposed action plan would need to be obtained through other sources. This alternative is not recommended by staff.

FISCAL IMPACT
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The total Transformative Climate Commu nities (TCC) Round 5 Planning Grants Program funding request is $300,000. This grant application does not require a financial match. Project impl ementation would be funded initially through General Fund and would be reimbursed by the Transformative Climate Communities (TCC) Round 5 Planning Grants Program funds.

NOTIFICATION
Publication of the agenda.

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

Community Image, Neighborhood Pride and Cleanliness . Promote a sense of community pride and foster an excellent image about our City by developing and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

Objective 3.3: Partner with outside organizations to expand the range of workshops and programs provided to the community.

Objective 5.5: Promote a healthy community and lifestyle.

Objective 6.2: Improve health, wellness and fitness for Moreno Valley youth through recreation and sports programs.

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

1. Resolution 2023 - XX

APPROVALS

Budget Officer Approval ✓ Approved . 6/11/23 10:43 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/12/23 8:46 AM A.5
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1 Resolution No. 2023-
Date Adopted: June 20, 2023
RESOLUTION NUMBER 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO

VALLEY, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN

APPLICATION FOR TRANSFORMATIVE CLIMATE COMMUNITIES

PROGRAM GRANT FUNDS AS ADMINISTERED BY THE STRATEGIC

GROWTH COUNCIL AND AUTHORIZING THE CITY MANAGER TO

EXECUTE AN AGREEMENT TO ACCEPT FUNDS
WHEREAS in 2017 the Legislature and the Governor of the State of California provided funds for the Transformative Climate Communities Program , established by Assembly Bill 2722 (2016); and
WHEREAS the Strategic Growth Council is responsible for the administration of this grant program, including developing guidelines and selection criteria; and WHEREAS the Strategic Growth Council released the application guidance on March 8, 2023, with a due date of August 1, 2023; and
WHEREAS procedures established by the Strategic Growth Council require a resolution certifying the approval of application(s) by the Applicant’s governing board before submission to the State; and
WHEREAS the City of Moreno Valley is authorized to apply for and accept a Transformative Climate Communities grant if awarded, and authority to execute all related documents; now, therefore, be it

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

1. That the City of Moreno Valley : approves the filing of an appl ication for a Transformative Climate Communities grant for funding year 2023, to b e submitted no later than August 1, 2023.

2. That the City of Moreno Valley certifies that Lead Applicant, in partnership with its Co-Applicants, will have sufficient resources to execute the strategies and projects that are outlined in the grant application.

3. That the City of Moreno Valley appoints the City Manager, or designee, as the agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, and payment requests that may be necessary for competition of the aforementioned strategies and projects.

4. That the City Clerk shall certify the adoption of this resolution, which shall take effect immediately upon adoption.
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Attachment: Resolution 2023 - XX [Revision 1] (6300 : Authorization to Submit Grant Proposal) 2 Resolution No. 2023-
Date Adopted: June 20, 2023
PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF JUNE 2023.

CITY OF MORENO VALLEY

CITY COUNCIL
________________________________
Ulises Cabrera,
Mayor of the City of Moreno Valley
ATTEST:
___________________________________
Jan Halstead,
City Clerk
APPROVED AS TO FORM:
___________________________________
Steven B. Quintanilla,
Interim City Attorney

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Attachment: Resolution 2023 - XX [Revision 1] (6300 : Authorization to Submit Grant Proposal) 3 Resolution No. 2023-
Date Adopted: June 20, 2023

RESOLUTION JURAT

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )
ss. CITY OF MORENO VALLEY )

I, Jane Halstead, City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2023- was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 20th day of June, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

(Council Members, Mayor Pro Tem and Mayor)

CITY CLERK

(SEAL)

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Attachment: Resolution 2023 - XX [Revision 1] (6300 : Authorization to Submit Grant Proposal)

Report to City Council

ID#6278 Page 1
TO: Mayor and City Council

FROM: Sean P. Kelleher, Acting Community Development Director

AGENDA DATE: June 20, 2023

TITLE: SECOND READING AND ADOPTION OF ORDINANCE
NO. 999

RECOMMENDED ACTION
Recommendation: That the City Council:

Conduct the second reading by title only and adopt Ordinance No. 999.

SUMMARY
This report recommends the adoption of Ordinance No. 999, introduced at the City Council meeting of June 6, 2023, approving amendments to Title 9 (Planning and Zoning).

DISCUSSION
This item is th e second reading of the Ordinance amending various sections of Municipal Code Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code that address the following matters:

A. Updates to comply with State requirements related to housing, as well as assisting the City in complying with its housing element.

B. Other minor clarifications and clean-up items.

ALTERNATIVES

1. Conduct the second reading by title only and adopt Ordinance No. 999 Staff recommends this alternative.

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

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FISCAL IMPACT
There are no fiscal impacts anticipated from the approval and adoption of this Ordinance. However, it is anticipated that the proposed modifications will streaml ine 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
The agenda was posted in accordance with the Brown Act.

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

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. Ordinance No. 999

APPROVALS

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Budget Officer Approval ✓ Approved . 6/11/23 10:20 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/12/23 8:44 AM A.6
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ORDINANCE NO 999

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 A.6.a
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Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) 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 No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) 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 No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) 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 No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) INTRODUCED at a regular meeting of the City Council on June 6, 2023 , and PASSED, APPROVED, and ADOPTED by the City Council on June 20, 2023, by t he following vote:

________________________________
Ulises Cabrera, Mayor
City of Moreno Valley

ATTEST:

___________________________________
Jan Halstead, City Clerk

APPROVED AS TO FORM:

___________________________________
Steven B. Quintanilla, Interim City Attorney
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Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading)

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 No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) 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 conditional use permit. Where the table indicates, a use is allowed with conditional use pe rmit, unless otherwise expressly provided, all district uses and other standards and requirements shall apply. Permitted Uses Table 9.02.020 -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 ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ A.6.a
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Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) Exhibit A

Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

C - Indicates stated use is allowed with a conditional use permit. ⧫ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.

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

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

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

Residential Zones Mixed Use
Overlay
Commercial & Office
Zones
Industrial
Zones

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 No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) Exhibit A

Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

C - Indicates stated use is allowed with a conditional use permit. ⧫ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.

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

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

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

Residential Zones Mixed Use
Overlay
Commercial & Office
Zones
Industrial
Zones

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 No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) Exhibit A

Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

C - Indicates stated use is allowed with a conditional use permit. ⧫ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.

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

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

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

Residential Zones Mixed Use
Overlay
Commercial & Office
Zones
Industrial
Zones

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 A.6.a
Packet Pg. 72
Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) Exhibit A

Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

C - Indicates stated use is allowed with a conditional use permit. ⧫ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.

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

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

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

Residential Zones Mixed Use
Overlay
Commercial & Office
Zones
Industrial
Zones

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
A.6.a
Packet Pg. 73
Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) Exhibit A

Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

C - Indicates stated use is allowed with a conditional use permit. ⧫ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.

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

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

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

Residential Zones Mixed Use
Overlay
Commercial & Office
Zones
Industrial
Zones

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 ⧫ ⧫ ⧫ ⧫ ⧫ ⧫ A.6.a
Packet Pg. 74
Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) Exhibit A

Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

C - Indicates stated use is allowed with a conditional use permit. ⧫ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.

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

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

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

Residential Zones Mixed Use
Overlay
Commercial & Office
Zones
Industrial
Zones

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
A.6.a
Packet Pg. 75
Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) Exhibit A

Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

C - Indicates stated use is allowed with a conditional use permit. ⧫ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.

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

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

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

Residential Zones Mixed Use
Overlay
Commercial & Office
Zones
Industrial
Zones

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 A.6.a
Packet Pg. 76
Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) Exhibit A

Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

C - Indicates stated use is allowed with a conditional use permit. ⧫ - Indicates a use is permitted unless the use is located three hundred (300) feet or less from a residential zone or use, in which case the use is allowed with a conditional use permit. However, the expansion of an existing general manufacturing use is allowed without a conditional use permit regardless of its distance from residential zones or residential uses.

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

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

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

Residential Zones Mixed Use
Overlay
Commercial & Office
Zones
Industrial
Zones

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.

A.6.a
Packet Pg. 77
Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) 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

A.6.a
Packet Pg. 78
Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) 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
A.6.a
Packet Pg. 79
Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) 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)
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
A.6.a
Packet Pg. 80
Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) 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)
Day Care Centers18, 19 ⧫ ⧫ ⧫ ⧫ ⧫ ⧫
Delicatessens18 X X X X X X
Diaper Supply Service X
Laundry with fleet storage18
Disposal Company
Drapery Shops X X X X X X X
Dressmaking Shops X X X X X X X
Driving School18 X X X X X X X
Drug Stores X X X X X X X
Dry Cleaning or Laundry18
a. Dry Cleaning X X X X X X
b. Laundromat X X X X X X
c. Laundry Commercial X
Emergency Shelters14 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
A.6.a
Packet Pg. 81
Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) 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)
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
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
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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)
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
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Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) 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)
for seven or more persons18 C C C C X
Restaurants (Eating and Drinking Establishments) 18
Without entertainment X X X X X X
With Limited Live entertainment X X X X X
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
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Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) 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)
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
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.

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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

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)
(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) A.6.a
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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 A.6.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 A.6.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 amended. 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 t o 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 deve lopment 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 application for approval of a housing development and processed concurrently with all other applications required for the hous ing 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 b edrooms 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, o r 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 A.6.a
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of the application in support of a request for an i ncentive/concession or waiver/modification of developments standard, including, but not limited to, the cost to the city of hiring a consultant 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 provide 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 mai ntain at least ten (10) percent of the units in a common interest development (as defined in Section 4100 of the California Civil Code ) ded icated 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 appro val 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 defin ed in the federal McKinney -Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.), dedicated to very low income households; A.6.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 d evelopment 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 households, 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 density 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. Pursu ant 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 combine 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 den sity 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 income per California Government Code Section 65915(f)(2).
b. Lower income per California Government Code Section 65915(f)(1). c. Moderate inc ome 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 Section 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 for 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 A.6.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 sha ll 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 Affordabili ty. Prior to issuance of a building 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 speci fic 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 concessio ns proposed by the developer or the city that will result in identifiable 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 for 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 least 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, exclusi ve of a manager’s unit or units, with an affordable housing cost to lower 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 unobstructed 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 income 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 addition al density bonus that is an amount 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 A.6.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 o r 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 order 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 Com munity and Junior Colleges. The developer 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 institutions 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 thi s 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 bonus under subsection A.6.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 dwellin g 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 comm ercial 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 more 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 of 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 grante d 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 writ ing of either: (a) any specific requirements or procedures under this section, which the proposal has not A.6.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 cons idered 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 A.6.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 into 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 afforda ble housing developer of a qualified 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 A.6.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 restriction s, 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 public 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 A.6.a
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any initial subsidy, as defined in subsection (O)(2)(d)(ii), and its proportionate share of appreciation, as defined in
subsection (O)(2)(d)(iii), whic h 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 mas ter 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 is 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 v alue of improvements, the down payment and the seller’s
proportionate share of appreciation. 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 A.6.a
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Section 33334.2(e) that promote homeow nership
(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 appreciatio n 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 development 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 developme nt 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 inco me 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 renter households to all renter A.6.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 th e 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 otherwi se, 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 apply 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 b onus” 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 applicant, 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 ar e located, so long as the density 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 A.6.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 tran sit 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 hundred 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 i ncome adjusted for family size appropriate for the unit.

12. “Unobstructed access to a major transit stop” means a resident is able to access the major transit stop without encountering natural or constructed impediments. “Natural or constructed impediment s” 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 a s the “Middle Class 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 plot 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 Bureau) 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 65913.4(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, a nd 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 th e 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 restriction 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 A.6.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 s pecified 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, in centives or concessions, waivers, or parking 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 residential 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 specified 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 sustaina ble 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 associated 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 development 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 objectiv e 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 appropriate 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 regardless 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 jurisdictio ns, 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 o f 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 i n 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 th e property line for at least 80% of the frontage.
ii. For portions of the property that front a side street, the building A.6.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 prope rty 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 second 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- A.6.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 A.6.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 A.6.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.

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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 A.6.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 A.6.a
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Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) Exhibit E

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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Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) Exhibit F

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 Deve lopment 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 approva l 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 contain 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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Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) Exhibit F

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 maintaine d 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 with 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 citi zen 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 A.6.a
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Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) Exhibit F

51.12. These residences are intended entirely f or 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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Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) Exhibit G

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 neighborhoods, 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 sha ll 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 California 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 Development 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 con ditional use or other discretionary permit.

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Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) Exhibit G

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 and 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 following 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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Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) Exhibit H

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 shelters 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 discr etionary 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 Stat e 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 exceed 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 r equire more parking for emergency shelters than other residential or commercial 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 congre gate 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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Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) Exhibit I

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, objectives and po licies 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 oth er 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 emp loyees 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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Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) Exhibit J

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 u se 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 facility 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 Coo rdinating 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 thi s section, the following definitions shall apply unless the context clearly 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 beds 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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Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) Exhibit K

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 re sidential 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 b e 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 i mply 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 r equirements 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 req uired 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 and neighborhood compatibility.

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Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) Exhibit K

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 home 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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Attachment: Ordinance No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading) Exhibit L

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 No. 999 [Revision 4] (6278 : Spring 23 Omnibus Second Reading)

Report to City Council

ID#6309 Page 1
TO: Mayor and City Council

FROM: Brian Mohan, Assistant City Manager

AGENDA DATE: June 20, 2023

TITLE: LIST OF PERSONNEL CHANGES

RECOMMENDED ACTION
Recommendation:

1. Ratify the list of personnel changes as described.

DISCUSSION

The attached list of personnel changes scheduled since the last City Council meeting is presented for City Council ratification.

Staffing of City positions ensures assignment of highly qualified and trained personnel to achieve Momentum MoVal priorities, objectives and initiatives.

FISCAL IMPACT

All position changes are consistent with appropriations previously approved by the City Council.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Serina Astorga Brian Mohan
Executive Assistant Assistant City Manager
Chief Financial Officer/City Treasurer

CITY COUNCIL GOALS
None

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CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. Personnel Changes for Staff Report_6.20.23

APPROVALS

Budget Officer Approval ✓ Approved . 6/11/23 11:39 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/12/23 8:47 AM A.7
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City of Moreno Valley
Personnel Changes- 5/1/23- 5/31/23
June 20, 2023
New Hires
Kima Blake, Animal Services Assistant, Animal Services, Community Development Daniel Carlos, Electric Utility Program Coordinator, Moreno Valley Utility, Public Works Tommie Johnson, Community Services Supervisor, Parks and Community Services Javier Garcia, Parks Maintenance Worker, Parks Maintenance, Parks and Community Services Guillermo Arzu, Senior Payroll Technician, Payroll, Financial and Management Services Kendra Lakkees, Human Resources Technician, Human Resources, Financial and Management Services Samantha Taylor, Senior Accountant, Human Resources, Financial and Management Services Promotions
Quang Nguyen
From: Senior Engineer P.E., Capital Projects, Public Works To: Principal Engineer, Capital Projects, Public Works
Jaime Juengel
From: Animal Control Officer, Animal Services, Community Development To: Animal Care Supervisor, Animal Services, Community Development Transfers
NONE
Separations
Degan Stengel, Maintenance Worker II, Maintenance and Operations, Public Works A.7.a
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Attachment: Personnel Changes for Staff Report_6.20.23 [Revision 2] (6309 : LIST OF PERSONNEL CHANGES)

Report to City Council

ID#6301 Page 1
TO: Mayor and City Council

FROM: Brian Mohan, Assistant City Manager

AGENDA DATE: June 20, 2023

TITLE: ANNUAL STATEMENT OF INVESTMENT POLICY

RECOMMENDED ACTION
Recommendation:

1. Adopt the Annual Statement of Investment Policy.

SUMMARY

Staff recom mends that the City council review and adopt the Annual Statement of Investment Policy. There are currently only minor changes proposed to the policy.

California Government Code Sections 53601 and 53646, respectively , delineate the types of investments a llowed, define various restrictions governing these investments and suggest a periodic review of the investment report and investment policy by the governing body of the local agency. The City’s Investment Policy has established a review process whereby the Council reviews and adopts the policy annually. The policy identifies allowable investments, the reporting process related to the investments, safekeeping measures in maintaining assets and the roles of staff in the management of the investment program.

DISCUSSION

The City’s Investment Policy calls for the policy to be reviewed and adopted annually by the City Council. The policy was last revised in June 2022. The policy in its revised form has incorporated all of the most recent changes made to the California Government Code as well as the best practices which have been identified by the California Debt and Investment Advisory commission (CDIAC). The policy has been reviewed and certified by both the Association of Public Treasurers of the United Sta tes and Canada (APT US&C) and the California Mu nicipal Treasurer’s Association (CMTA) in February 2020 and comments from that review process have been incorporated into A.8
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the current version of the policy.

The Investment Policy has been reviewed by both s taff and our investment management firm, Chandler Asset Management. Based on this review, there have been only minor changes made to the policy to maintain recommended industry best practices.

This item was scheduled for review by the Finance Subcommitt ee at their May 23, 2023 meeting.

ALTERNATIVES

1. Adopt Annual Statement of Investment Policy. Staff recommends this alternative since this will allow for the timely review and adoption of the policy for the coming fiscal year.

2. Do not adopt Annual Statem ent of Investment Policy and provide staff with additional direction. Staff does not recommend this alternative since it will not allow for a timely review and adoption process prior to the start of the new fiscal year.

FISCAL IMPACT

No fiscal impact.

NOTIFICATION

Posting of Agenda

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Dena Heald Brian Mohan
Deputy Finance Director Assistant City Manager/
Chief Financial Officer/City Treasurer

CITY COUNCIL GOALS
None

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

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

1. Investment Policy - 6.20.2023

APPROVALS

Budget Officer Approval ✓ Approved . 6/11/23 10:47 PM City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 6/12/23 8:47 AM A.8
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City of Moreno Valley Fiscal
Policy #3.6

INVESTMENT POLICY

Approved by: City Council
December 17, 1996
Revised 1/13/98; 1/12/99; 2/8/00; 1/3/01; 5/14/02; 11/22/05; 2/26/08; 2/24/09; 3/23/10; 5/24/11; 4/24/12; 6/9/15; 6/9/16; 5/7/19; 5/18/20; 6/21/22; 6/20/23
PURPOSE: The City Council of the City of Moreno Valley (City) and its related authorities and agencies recognizes its responsibility to properly direct the investments of funds under its care. It is the purpose of this policy to provide guidelines for the prudent investment of unexpended funds in a manner which allows for maximum security, while at the same time providing the best investment return to meet the daily cash flow demands of the City, and conform to all applicable statutes pertaining to the inv estment of public funds. In instances in which the Policy is more restrictive than Federal or State law, the Policy supersedes.

This investment policy was endorsed and adopted by the City Council and is effective as of the 20th day of June, 2023, and replaces any previous versions.

I. Scope

A. Investments for the City and its related authorities and agencies will be made on a pooled basis including the City of M oreno Valley , the City of Moreno Valley Housing Authority , the Moreno Valley Community Services District, the Moreno Valley Public Facilities Financing Corporation, the Moreno Valley Public Financing Authority, and the Moreno Valley Industrial Development Authority.

These funds are accounted for in the City’s Annual Comprehensive Financial Report and include:

1. General Fund

2. Special Revenue Funds

3. Debt Service Funds

4. Capital Project Funds

5. Internal Service Funds

6. Agency Funds

7. Enterprise Funds

B. The City Council ha s the authority to allow investments that do not follow this policy as long as suc h investments are recommended by the City Manager and City Treasurer, and expressly authorized by the City Council.

C. At the time this policy is adopted, the portfolio may hol d investments which were made in the past and in accordance with previous policies and existing Stat e law, but do not meet the provisions of this policy. These past investments are grandfathered as permissible investments. The City may choose to hold these investments until maturity ; however, their maturity cannot be extended without th e expressed authorization of the City Council.

D. Funds excluded from this policy

1. Bond Proceeds . Proceeds of debt issuance shall be invested in accordance with the City’s general investment philosophy as set forth in this policy. The overriding policy for the investment of bond proceeds will be dictated by the bond documents governing such funds as long as the documents are approved by the City Council or related governing board.

2. Deferred Compensation Plans. Investments related to the City’s deferre d compensation pla ns are not subject to this policy since third -party administrators manage them and the individual plan participant’s direct investment and mutual fund selec tion. Deferred compensation plans must be approved by the City Council.

3. Voluntary Employees’ Ben eficiary Association (VEBA) plan: Funds deposited into VEBA plans on behalf of employees are managed under a separate investment policy and are held and managed by a third party fund manager.

A.8.a
Packet Pg. 138
Attachment: Investment Policy - 6.20.2023 (6301 : ANNUAL STATEMENT OF INVESTMENT POLICY) City of Moreno Valley Fiscal
Policy #3.6