Moreno Valley City Council
December 5, 2023

unit townhouse condominium project, on a 16.59-acre portion of 32.56-acre project site.

The purpose of the Planned Unit Development (PUD) is to establish flexible standards to encourage innovation in housing types and provide amenities not generally found in suburban subdivisions, such as common open spaces and recreational areas. The General Plan Amendment (GPA), along with the Change of Zone (CZ), will allow for the change of the current land use designation from R2 Residential and Hillside Residential to R10 Residential and Parks/Open Space and the zoning designation from Residential 2 (R2) District and Hillside Residential (HR) District to Residential 10 (R10) District and Open Space (OS) District. The GPA, CZ, Conditional Use Permit (CUP), and Tentative Tract Map (TTM) together constitute the (“Proposed Project”).

PROJECT DESCRIPTION
General Plan Amendment
A General Plan Amendment (GPA) application was submitted to change the land use designation of the Project Site from R2 Residential and Hillside Residential to R10 Residential and Parks/Open Space. The R10 land use designation is intended to provide for a variety of residential products and to encourage innovation in housing types with amenities not generally found in suburban subdivisions, such as common open spaces and recreational areas. The primary purpose of areas designated Parks/Open Space is to provide areas that are substantially unimproved, including, but not limited to, areas for outdoor recreation and the preservation of natural resources.

The proposed General Plan Designations allow for the Proposed Project to be constructed on a 16.59-acre portion of 32.56-acre Project Site, while retaining the remainder of the Project Site as Open Space.

Change of Zone
A Change of Zone (CZ) application was submitted to rezone the Project Site from Residential 2 (R2) District and Hillside Residential (HR) District to Residential 10 (R10) District and Open Space (OS) District. Under the Proposed Project’s current Residential (R2) District, a maximum of 2.0 units per gross acre is allowed. To obtain the desired number of units a change of zone is required to rezone the Project Site to Residential 10 (R10) District, which allows up to 10.0 units per gross acre.

Conditional Use Permit for Planned Unit Development
The applicant proposes a Conditional Use Permit for a Planned Unit Development (PUD) to allow for flexible standards to address the unique characteristics of the site.

The PUD document (graphics and text) prepared for the Proposed Project will establish the land use regulations, development standards, and design guidelines for the tract, including the dedication of permanent open space.

The PUD document also provides guidelines for architectural themes for the townhomes, that meet or exceed City-wide design standards in the Municipal Code. All development within the tract must meet the standards stated in the PUD, including plotting, setbacks, open space areas, and architecture. Additionally, the PUD provides F.1.n
Packet Pg. 2226 Attachment: Planning Commission Staff Report (6434 : Gateway Heights Tract 38459)

design guidance for community entrances and perimeter fencing around the community and around the drainage areas.

Tentative Tract Map
Tentative Tract Map No. 38459 will subdivide the 32.56 gross acres of vacant and unimproved land into one 16.59-acre (common-area) lot for 108 condominium units, and one 15.97-acre “remainder” lot for public open space. The tentative map would also create the interior private loop streets, and dedicate the 0.89-acre park site. All on-site streets and drainage facilities will be maintained lots by a Homeowners Association (HOA).

Site/Surrounding Area
The 32.56-acre Project Site is a vacant and unimproved pie-shaped hillside lot located on the east side of Morton Road at the northwestern City Boundary. The Project Site slopes gradually upward away from Morton Road. To the north, properties are located within unincorporated Riverside County and are part of the Box Springs Mountain Reserve. Properties to the east are vacant and located within the Hillside Residential (HR) District. Properties to the east are also located within unincorporated Riverside County and are designated as “Gateway Center” Specific Plan. Properties to the South are located within the Residential 5 (R5) District and Hillside Residential (HR) District and are generally developed with single-family homes.

Access/Parking
The Proposed Project’s access will be provided by Morton Road with a private loop road serving the units. The Proposed Project has been designed to exceed the minimum parking requirements, providing a two-car garage for each unit, as well as 50 guest parking spaces along the private streets.

Design/Landscaping
The PUD guidelines for the proposed development will include two elevation styles:

Santa Barbara and Modern Farmhouse. Each building style will have three color combinations to provide interest among the housing types.

The PUD includes typical configurations for the new homes and common area landscaping. The HOA will maintain all common area landscaping in an effort to maintain a consistent well-maintained appearance of the streetscapes within the community. The Proposed Project also includes a 0.89-acre park that will primarily serve the local neighborhood, including adjoining developed residential areas.

REVIEW PROCESS
As part of the standard review process, all appropriate outside agencies have considered the Proposed Project. The Proposed Project was reviewed by the Project Review Staff Committee as required by the Municipal Code. Following subsequent revisions and reviews by staff, the Proposed Project was determined to be complete.

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Packet Pg. 2227 Attachment: Planning Commission Staff Report (6434 : Gateway Heights Tract 38459)

ENVIRONMENTAL
An Initial Study was prepared by Psomas, in compliance with the California Environmental Quality Act (CEQA) and its guidelines. The Initial Study examined the potential impacts of the Proposed Project on the environment. The Initial Study/Mitigated Negative Declaration (IS/MND) serves as the appropriate CEQA documentation for the Proposed Project. With the implementation of the proposed mitigation measures, the Proposed Project will not have a significant effect on the environment. Technical studies prepared in support of the IS/MND include the following:

Air Quality Calculations, Biological Resources Report, Jurisdictional Delineation, Rare Plant Survey Report, Burrowing Owl Survey Report, and Determination of Biologically Equivalent or Superior Preservation (DBESP) Report, Cultural Reports, Energy Calculations, Geotechnical Report, Slope Stability Report, EDR Radius Map Report, Preliminary Drainage Report, Project Specific Water Quality Management Report, Planned Unit Development, Traffic Impact Analysis, and Fire Hazard Analysis and Approach. Copies of the appendices to the IS/MND can be accessed from the link attached to this staff report. The documents can be reviewed at City Hall during operating hours.

Mitigation measures are recommended for the Proposed Project in the following areas:

Aesthetics, Biological Resources, Cultural Resources, Energy, Geology and Soils, Hazards and Hazardous Materials, Public Resources, and Tribal Cultural Resources, all of which are incorporated into the Mitigation Monitoring and Report Program (MMRP).

The measures for cultural resources have been included to address input from the Tribal governments. The measures are intended to ensure that potential resources that might be discovered are protected. However, these measures are not required to address a known significant impact. Based on the Initial Study and the proposed mitigation measures, the Proposed Project will not cause any significant impacts to the environment. In response to comments received from the California Department of Fish and Wildlife, mitigation measures have been slightly modified. These modifications do not result in a substantial change that would require recirculation of the environmental document.

The public comment period for the Notice of Availability of the Initial Study/Mitigated Negative Declaration began on March 2, 2023 and ended on March 31, 2023, (State Clearing House Number 2023020680) which satisfies the required 30-day review period required for this project.

NOTIFICATION
Consistent with the City Municipal Code provisions, public notice was sent to all property owners of record within 600 feet of the Project Site, posted on the Project Site, and published in the Press Enterprise Newspaper. As of the preparation of this staff report, no public comments have been received regarding the Proposed Project.

REVIEW AGENCY COMMENTS
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Packet Pg. 2228 Attachment: Planning Commission Staff Report (6434 : Gateway Heights Tract 38459)

Staff has coordinated with outside agencies where applicable, as is the standard review process for these development applications.

STAFF RECOMMENDATION
Staff recommends that the Planning Commission take the following actions:

A. That the Planning Commission ADOPT Resolution No. 2023-22, and thereby RECOMMEND the City Council:

1. ADOPT the Initial Study/Mitigated Negative Declaration prepared for General Plan Amendment (PEN20-0095), Change of Zone (PEN20-0096), Conditional Use Permit for a Planned Unit Development (PEN21-0066), and Tentative Tract Map No. 38459 (PEN22-0127), on file with the Community Development Department, incorporated herein by this reference, which was completed in compliance with CEQA and the CEQA Guidelines, and reflects that the Planning Commission and City reviewed and considered the information contained in the Initial Study/Mitigated Negative Declaration, and exercised its independent judgment and analysis of the Proposed Project’s potential environmental impacts; and

2. ADOPT the Mitigation Monitoring and Reporting Program prepared for the Proposed Project, which consists of General Plan Amendment (PEN20-0095), Change of Zone (PEN20-0096), Conditional Use Permit for a Planned Unit Development (PEN21-0066), and Tentative Tract Map No. 38459 (PEN22-0127), pursuant to CEQA and its guidelines.

B. That the Planning Commission ADOPT Resolution No. 2023-23, and thereby RECOMMEND the City Council:

1. APPROVE General Plan Amendment (PEN20-0095) based on the Recitals, Evidence contained in the Administrative Records and Findings as set forth in Resolution No. 2023-23 and any necessary and corresponding amendment to the City’s Zoning Atlas to reflect the proposed changes in the zoning classification and/or redistricting associated with the General Plan Amendment.

C. That the Planning Commission ADOPT Resolution No. 2023-24, and thereby RECOMMEND the City Council:

1. APPROVE Change of Zone (PEN20-0096) based on the Recitals, Evidence contained in the Administrative Records and Findings as set forth in Resolution No. 2023-24 and any necessary and corresponding amendment to the City’s Zoning Atlas to reflect the proposed changes in the zoning classification and/or redistricting associated with the Change of Zone.

D. That the Planning Commission ADOPT Resolution No. 2023-26, and thereby RECOMMEND the City Council:

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Packet Pg. 2229 Attachment: Planning Commission Staff Report (6434 : Gateway Heights Tract 38459)

1. APPROVE Conditional Use Permit for a Planned Unit Development (PEN21-0066), and Tentative Tract Map No. 38459 (PEN22-0127) based on the Recitals, Evidence contained in the Administrative Records and Findings as set forth in Resolution No. 2023-26.

Prepared by: Approved by:

Luis Lopez Sean P. Kelleher
Contract Planner - Civic Solution Community Development Director

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

1. Resolution No. 2023-22 - Initial Study

2. Exhibit A to Resolution No 2023-22 - Initial Study

3. Exhibit B to Resolution No 2023-22 - Notice of Intent to Adopt a Mitigated Negative Declaration/Newspaper Notice

4. Exhibit C to Resolution No 2023-22 - Mitigation Monitoring and Reporting Program

5. Appendicies A - G

6. Appendices H-L

7. Resolution No. 2023-23 - General Plan Amendment

8. Resolution No. 2023-24 - Change of Zone

9. Resolution No. 2023-26 CUP/TTM

10.Gateway Heights PUD - 1 of 3

11.Gateway Heights PUD - 2 of 3

12.Gateway Heights PUD - 3 of 3

13.Project Plans

14.Aerial Map

15.Public Comments
RESULT: APPROVED [UNANIMOUS]
MOVER: Ray L. Baker, Commissioner
SECONDER: JoAnn Stephan, Commissioner
AYES: JoAnn Stephan, Alvin DeJohnette, Omar Cobian, Ray L. Baker F.1.n
Packet Pg. 2230 Attachment: Planning Commission Staff Report (6434 : Gateway Heights Tract 38459) March 9, 2023
Luis Lopez, Contract Planner
City of Moreno Valley
14177 Frederick Street
PO Box 88005
Moreno Valley, CA 92552
Subject: EMWD Comments for the Gateway Heights Project Notice of Intent to Adopt a Mitigated Negative Declaration
Location: East side of Morton Road, approximately 300 feet north of Jennings Court in the City of Moreno Valley, Riverside County, California.

Dear Mr. Luis Lopez:

Eastern Municipal Water District (EMWD) thanks you for the opportunity to comment on the Notice of Intention to Adopt a Mitigated Negative Declaration for the Gateway Heights Project (project). The project proposes the construction of 108 detached townhouse condominium units, organized in 4-unit to 10-unit “clusters” on a total of 13 development pads. The project would be located on southwesterly

16.59 acres of the 32.56-acre project site. The 16.59 acres of the project site would be rezoned to Residential 10 District (R10) which allows maximum density of 10 dwelling units per net acre. The project would include a total of 3.1 acres of common open space, including trails and a 0.89-acre community park area at the center of the development. The remaining 15.97 acres of the project site would be rezoned to Open Space (OS) and dedicated as conservation land.

EMWD offers the following comments:

To define the impact(s) on the environment and on existing EMWD facilities, and as development within this area occurs over time, the proponents of implementing development projects shall consult EMWD’s Development Services Department to compare proposed and existing water demands and sewer flows, and prepare a Design Conditions report (DC), formally known as the Plan of Service (POS), to detail all F.1.o
Packet Pg. 2231 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) EMWD Comments
March 9, 2023

pertinent facilities necessary to serve such implementing development projects, resulting in an approved DC, prior to final design and plan check of such facilities.

To help define EMWD’s Design Conditions, EMWD requires beginning dialogue with project proponents at an early stage in the site design and development, via a one-hour complementary Due Diligence meeting. To set up this meeting the project proponent should complete a Project Questionnaire (form NBD-058) and submit to EMWD. To download this form or for additional information, please visit our web page www.emwd.org, then select the “Developer” link, then select the “New Development Process Forms” link. This meeting will offer the following benefits:

1. Describe EMWD’s development process.

2. Identify project scope and parameters.

3. Provide a preliminary review of the project within the context of existing infrastructure.

4. Discuss potential candidacy for recycled water service.

5. Identify project submittal requirements to start the Design Conditions review.

Following the Due Diligence meeting, and to proceed with a project, the Design Conditions will need to be developed by the developer’s engineer and reviewed/approved by EMWD prior to submitting improvement plans for Plan Check. The DC process and approval will provide the following:

1. Technical evaluation of the project’s demands and existing system capacities.

2. Identification of impacts to existing facilities.

3. Identification of additional on-site and off-site facilities, necessary to serve the project.

4. Identification of easement requirements, if necessary.

5. Identification of potential EMWD’s cost participation in facility oversizing, if applicable.

If you have questions or concerns, please do not hesitate to contact Maroun El-Hage at (951) 928-3777, extension 4468 or by e-mail at [email protected].

Sincerely,
Alfred Javier
Director of Environmental and Regulatory Compliance
ARJ: hs
Attachments: Copy of Public Notice
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Packet Pg. 2232 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) From: Mauricio Alvarez <[email protected]>
Sent: Tuesday, March 21, 2023 3:03 PM
To: Luis Lopez <[email protected]>
Subject: PEN20-0095, PEN20-0096, TTM 38459
Warning: External Email – Watch for Email Red Flags!
Hello Luis,
Thank you for including Riverside Transit Agency in the development review of the proposed 108 unit residential project on Morton Rd & Jennings Ct. After reviewing the plans, there are no comments to submit for this particular project at this time.

Thank you,
Mauricio Alvarez, MBA
Planning Analyst
Riverside Transit Agency
p: 951.565.5260 | e: [email protected]
Website | Facebook | Twitter | Instagram
1825 Third Street, Riverside, CA 92507
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Packet Pg. 2233 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) Dear Mr. Jason Ackerman, attorney/representative for Gateway Heights Moreno Valley 92557, [email protected]
Cc: Mr. Ulises Cabrera Mayor pro temp, [email protected], Mr. Luis Lopez, Contract Planner City of Moreno Valley, [email protected] Mr. Sean P. Kelleher, Planning Division Manager 95 [email protected] Mr. Edward A Delgado, District # representative, [email protected] RE: Project Development- Morton Road- Moreno Valley, California

I would like to request a copy of your traffic analysis report(s) regarding Gateway Heights, Moreno Valley, California. In addition, any other pertinent information related to the Gateway Heights project in Moreno Valley.

Furthermore, to be transparent I would like a detailed project announcement to be mailed out to all the residents affected by your proposed development. Our neighbors were taken by surprise. Your informational meeting announcement for the Zoom meeting was not publicly broadcast in our area. The timeframe was such short notice.

There were many neighbors who never received this informational presentation meeting announcement nor received any notices from the city of Moreno Valley. Moreover, not everyone has the knowledge to use Zoom media for online meetings.

We already have a bottleneck of congested traffic problems on Box Springs Road at the entrance to the 60 freeway. The City of Moreno Valley has not addressed these issues as well as the narrow lanes going up north or down south on Morton Road.

There are already safety hazards due to illegally parked cars on Morton Road & Box Springs Road. This is because the parking space inside the Tuscany Apartment is limited. How will this affect Seneca Elementary school? Especially in full peak sessions during pick up and dropping off their kids. Was this factor taken into consideration in your traffic report analysis?
At the meeting, you mentioned the zoning change from (R2, R5) to R10. I believe this will dramatically have a negative economic impact on our property value. How was the rezoning determined? Was that a unilateral decision without the resident’s knowledge or objection? We were not notified in a timely manner. In fact, I just barely knew about this zoom meeting from a neighbor. Our neighbors are concerned regarding this high density 108 townhouses development. Furthermore, it is NOT congruent to our custom, semi-custom homes in our area ½ acres+. We already have enough problems with homelessness and thefts in our area.

What about the overflow of cars who are unable to park at this new proposed 108 Townhouse units? How will that be addressed? Are they going to park on our streets and move it out on street sweep days?

I mentioned in our Zoom discussion, I have lived here more than 27 plus years. I have not seen any metering devices for traffic activities at Box Springs Road and Morton Road nor at the traffic entrance leading to the entrance of the 60 Freeway. Furthermore, no metering devices at the other 60 freeway entrance/exit on Day Street. All of these are very important concerns. We mentioned, if there was a fire evacuation or emergencies to those of us that live here. Are there contingency plans in place? Was this taken into consideration in your report analysis?
Please provide us with this information that will be helpful and beneficial to all of us who live here in District # 2. I want everyone to know who will be affected by your Rezoning proposal and the traffic congestions that it will cause. I am hoping we can find a happy solution so that everyone will agree.

I am copying the Moreno Valley City Planner and the mayor’s office on this email hoping for fair and balanced data that can address our concerns.

I am attaching our public objection to all that will be affected by this General Plan Amendment- Change of Zoning and the Morton Project Development. Signature is to follow. I look forward to hearing from every one of you and from the city planner very soon.

Sincerely, Andy Gildore, US Marine, Veteran, Business Owner F.1.o
Packet Pg. 2234 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) F.1.o
Packet Pg. 2235 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) F.1.o
Packet Pg. 2236 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) F.1.o
Packet Pg. 2237 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) From: Steve Anderson
Sent: Tuesday, March 28, 2023 5:20 PM
To: Luis Lopez
Subject: General Plan Amendment (PEN20-0095)
Warning: External Email – Watch for Email Red Flags!
Hello –
In response to the City of Moreno Valley’s request for public comments regarding the proposed development at the top of Morton Road… While I am not outright opposed to this development, I do have SEVERAL concerns.
• From the side of Penunuri Place on which we reside, up into the foothills, and around Morton Road into unincorporated Riverside – all homes are detached single family, custom built, on 1/2 acre or larger lots. So, the development of high density multi-family housing on MUCH smaller individual parcels seems a bit out of place. • The neighborhood is also considered a “brush zone” by insurance companies, and homeowners insurance carriers are few and far between. Potential buyers of any such home should be made aware of such limitations. I don’t want to THINK how expensive homeowners insurance will be for residents of this proposed multi-family housing development – what with it being RIGHT at the bottom of a mountain that has not burned in more than forty years. That alone could be cost prohibitive for many.
• I do not see anywhere in the vast volume of public documents plans to make any improvements to Morton Road. Sadly, the City of Moreno Valley largely ignores those living in the FAR corner of the city, often treating us as an “ugly redheaded stepchild” worthy of very little service or support. As a result, Morton Road is in VERY poor condition.

Adding 1,000 vehicle trips per day, a near FIVE FOLD INCREASE over current traffic volume, is only going to worsen its condition. The City might just as well remove the asphalt and make Morton Road a dirt road. It surely couldn’t be much worse.
• A large percentage of residents living farther down Morton Road, off of Wordsworth and Pala Foxia, appear to have NO IDEA our neighborhood exists. This is evidenced by the number of vehicles which FLY right off of these feeder streets onto Morton Road without so much as slowing down – let alone stopping. In the nine years we have called Penunuri Place our home – just my family alone has had HUNDREDS of near misses with vehicles FLYING off of said feeder roads. Approval of this project with no additional traffic controls, such as a stop sign at the F.1.o
Packet Pg. 2238 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) lower outlet of Wordsworth, is a recipe for disaster – and WILL eventually lead to somebody being killed.
• Closely aligned to the previous concern, in the event of a mandatory mass evacuation due to fire or other disaster, I am GRAVELY concerned about the capacity of Morton Road and those to which it connects. Weekday morning traffic on Box Springs Road ROUTINELY backs up to very near Clark Street due to inadequate traffic planning by the City of Moreno Valley, the County of Riverside, and the State of California. It routinely takes me EIGHTEEN MINUTES just to reach the freeway from my home. So, I am ALREADY concerned about road capacity – and now the City is proposing to add EVEN MORE vehicle traffic. In the event of said mass evacuation – people will almost certainly die as a result.
• Some of the above concern is, of course, due to the VERY unwise decision several years ago by the County of Riverside, State of California, and whichever railroad owns the nearby tracks to close the Gernert / Poarch crossing in unincorporated Riverside we residents USED to use regularly by continuing on Morton Road up into the foothills. That cut off a MAJOR point of evacuation. I know this decision had little/nothing to do with the City of Moreno Valley – but NOW it’s beginning to come back and bite those who were responsible as the City and County both explore developments in this general vicinity. • Closely aligned to the three previous bullet points is the City of Moreno Valley’s shortsighted, punt heavy decision several years ago to make its side of Morton Road alongside the Tuscany Hills Apartments a No Parking Zone. This pushed the dozens of vehicles which daily parked on the City’s side of Morton Road onto the unincorporated side of Morton Road. This, of course, eliminated the City’s responsibility for traffic and/or crime enforcement related to the presence of said vehicles parked on ITS side of the road. An unfortunate byproduct of this, though, is that residents of said apartments ROUTINELY park WAY up Morton Road, beyond where it reduces to a single lane in each direction – utterly obstructing/blocking the flow of traffic in the process. Now the City wants to add EVEN MORE vehicles having to navigate a daily obstacle course – all because it was too lazy to deal with the parking related issues on its side of Morton Road? As you might have guessed, the City’s decision on this matter is a VERY sore spot for me.
• I am also VERY concerned about what is already the utter lack of law enforcement in our neighborhood. Filed under the same “ugly redheaded stepchild” category – there is open drug dealing and prostitution currently taking place nightly at the cul-de-sac end of Jennings Court. Despite sharing my concerns with Moreno Valley Police multiple times – they wholesale refuse to acknowledge its existence, F.1.o
Packet Pg. 2239 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) let alone investigate or do something to make it stop. We’re already on “ignore” up here, and adding 108 multi-family housing units nearby would appear only to further exasperate such problems – although it DOES give even more residents for the City to wholesale ignore, while happily collecting their taxpayer dollars.

This is at least a start to my concerns. I may have a few more to share prior to the deadline now that I’ve cleared the above from my mind. iGg,
Steve Anderson
21150 Penunuri Place
Moreno Valley, CA 92557
951.217.1885
[email protected]
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Packet Pg. 2240 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) From: Sandra Walsh <[email protected]>
Sent: Friday, March 31, 2023 10:36 PM
To: Planning Email_DG <[email protected]>
Cc: [email protected]
Subject: Public Objection
Warning: External Email – Watch for Email Red Flags!

THIS WILL SERVE AS NOTICE IN SUPPORT OF PUBLIC OBJECTION TO GENERAL PLAN AMENDMENT (PEN20-0095), CHANGE OF ZONE (PEN20-0096), CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT (PEN21-00660, AND TENTATIVE TRACT MAP NO. 38459 (PEN22-0127). COPY OF PUBLIC OBJECTION ATTACHED.

FIRST AND FOREMOST, neither the Henghou Group nor Shizao Zheng has served proper notice as required of the application or their intent. The application should be denied on the basis alone -- that notice was not formally given to all residents and property owners within the required notification radius.

SECOND, the Box Springs/Ironwood road infrastructure is not designed for the traffic that already impedes our community from freely coming and going from our neighborhood. Moreover, our neighborhood is not regularly policed. Motorhomes, trailers and vehicles are illegally parked on Morton; drivers race down the streets with no regard for the posted speed limit or the pedestrians, children or adults, let alone stop at the posted Stop signs.

THIRD, where will the additional children attend school? Not at our neighborhood elementary school which is already overcrowded Not at our local school because already there is not enough parking for the employees that work at that school and as such, we have illegally parked educators and guardians throughout the school day and during every school event.

Our community would be better served turning the mountainous area into a nature park that supports the wildlife that currently inhabits the area and that includes, but is not limited to donkeys, bobcats, coyotes, racoons, hawks, owls, bats, etc. Improvements such as walking, biking and horse trails would discourage vagrant and "homeless" migration, while increasing the value of our neighborhood.

This community has a voice and we do not want more rentals, more crime, more congestion!
Sandra Walsh
Larry Walsh
21121 Tennyson Road
Moreno Valley, CA 92557
(951) 683-4060
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Packet Pg. 2241 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) Tel: 805-641-1000 ▪ Fax: 805-258-7272 ▪ Cell: 805-643-9300 Dr. Doug Michie
1056 E Meta St Ste 103 from email: [email protected] Ventura, CA 93001-0001
4/23/2023
Chairman DeJohnette via email to: [email protected]
And Planning Commissioners [email protected].

Planning Commission
City of Moreno Valley
14177 Fredrick Street
Moreno Valley, CA 92553
Re: Project: Gateway Heights
Hearing Date: 5/11/2023
Dear Planning Commissioners,
This letter follows a recent community outreach presentation by the developer of the Gateway Heights project. I own a lot on Penunuri Avenue neighboring this proposed project. I am writing to voice my support for the project as it will be a good addition to the neighborhood.

This area of Moreno Valley needs more multi-family housing. The cost to maintain infrastructure for traditional large lot single family homes is unsustainable, and it is to the City’s interest to provide more density, so costs can be spread over a larger tax base in a more limited geographical area.

More importantly, the need for housing in California is so great that multi-family projects such as this one are needed to fulfill that unmet housing demand. Additionally, it is a good fit for the adjoining Gateway Specific Plan area. And finally, the dedication of 17 acres of open space will be a real asset to the open space and recreational needs of the city.

Again, I support this project and I hope that it can be approved with conditions that are financially reachable for the applicant.

Sincerely,
Doug Michie
PhD Urban Planning
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Packet Pg. 2242 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) June 1, 2023
City of Moreno Valley Community Development
14177 Frederick Street Moreno Valley, California 92553
Attn: Catherine Lin , Principal Planner (951) 413-3229
email : [email protected]
Project Title: Gateway Heights Project
Project Case Number(s): PEN 21-0066
To: Catherine Lin
We never received any notification from the City of Moreno Valley Community Development Department in the mail regarding the proposed Gateway Heights Project and have been unaware of the project until the placement of a sign on the property last Friday May 25, 2023. This project has a direct impact on the existing residents and we were unaware of the recent public comment period and where denied the opportunity to hear, and or provide comments relating to the proposed project. We have lived here for 40 years and are directly impacted from the project and needed to be included in the process.

After reviewing the proposed Gateway Heights Project, Project Case No.PEN 21-0066 and Change of Zoning we would like to state that we are in strong opposition to these changes given the potential aesthetic, visual, air quality, wildlife, and land use compatibility impacts on the existing residents and the West Box Springs Homeowners Association which was part of the planning process with The County of Riverside and the Gateway Center Project approved by the County of Riverside.

The introduction of a multifamily residential housing product type at the urbanized edge of the City’s residential neighborhoods that currently abuts a hillside / open space area, represents an incompatibility issue. This project proposes a multifamily residential project adjacent to the rural / open space edge and away from the city core or area of intensity does not provide an appropriate transition to the area.

As stated the entire project as presented is not a comprehensive land use compatible to the area and is in conflict with the low densities reflected by the University Community Plan and the existing sparse rural residents and because it lies within the City of Riverside’s sphere of influence, it should also conform to Riverside’s Proposition R and Measure C land use ordinances.

Additionally by changing the land use zoning from Residential 2 (R2) and Hillside Residential (HR) 10. and significantly increasing the residential densities it will diminish the home values of the existing residents on the adjacent parcels within the original Gateway Center Specific Plan located in the County of Riverside on the west side of Morton and to the north. The Gateway Center Specific Plan (GCSP) which has only 2 high density areas located directly near the far outer edges closer to the SR-60 Freeway/ Railroad rights-of-way of the 317 acre development close to the freeway which was to F.1.o
Packet Pg. 2243 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) reduce the traffic through the rural/open areas to help preserve the aesthetic, visual, air quality, wildlife and rural area.
“All residential lots along the northerly and easterly perimeters of Planning Area Nos. 16 and 17 shall contain a minimum of 8,000 square feet not including land beyond the limits of grading area. Any residence constructed on these lots shall contain a minimum of 2,600 square feet of living area.” (Amended by Staff at P.C. on 10/23/91) GCSP Traffic congestion and contaminant air pollution will be dramatically impacted by the increase of dwelling units from the current single unit home zoning at 5 per acre to multi unit apartment/condominium of 108 units. New commuter traffic will add over a thousand daily vehicle trips to an already overburdened surface street and freeway transportation system. Increase traffic adjacent to Seneca Elementary School and generating more population and noise. There is only one road Morton for access to our properties due to the closure at Gernert and Watkins for the Metro Line and increased traffic would present a safety issue during any emergency.

The entire Project site is identified as occurring in a hazardous fire area which should require further enhancement of fire hydrants located on Morton Road and at the entrance to aid the Riverside County Fire Protection Master Plan in order to achieve an a better urban level of service. Mitigation measures need to be implemented to provide for better public safety.

The proposed Gateway Center Project has the potential to deplete groundwater supplies by interfering substantially with groundwater recharge by “the change in pervious surfaces to impervious surfaces that would occur with development of the site will reduce the amount of water reaching underground aquifers.” Thus lowering the local groundwater table level and affecting the existing residents and the production rate of their pre-existing nearby wells.

Gateway Center Specific Plan No. 250 approved and adopted July 14, 1992 contained conditions of approval to help mitigate some of these impacts and other concerns of the residents directly impacted by development.

We are in strong opposition to the proposed changes for the Gateway Heights Project, Project Case No.PEN 21-0066 and any change of zoning. The project should have single family housing to alien with the planning area 16 and 17 on the Gateway Center Plan.

Thank you for the opportunity to comment on this matter. If you have any questions please contact me.

Sincerely,
Robin and Alan Ablott
10870 Pettegrew Road
Riverside, CA 92507
(951) 788-6764
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Packet Pg. 2244 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) The areas in dark orange/red are The Gateway Center higher density housing and the Gateway Heights project of a proposed townhouse condominium development is inconsistent with the planning areas 16 & 17 of the Gateway Center plans and the rural area.

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Packet Pg. 2245 Attachment: Public Comments Presented to Planning Commission on June 8, 2023 (6434 : Gateway Heights Tract 38459) 1 Sean P. Kelleher
From: [email protected] <[email protected]> Sent: Saturday, July 29, 2023 9:37 AM
To: Sandra Walsh; Andy Gildore
Cc: Sean P. Kelleher; [email protected]; [email protected]; Moreno Valley Mayor; [email protected]; Planning Email_DG; Edward A. Delgado; Mike Lee; Michael Lloyd, P.E.; Brian Mohan; Melissa Walker, P.E.; Sean P. Kelleher; Jane Halstead; [email protected]; Don Avery; Planning Notices_DG; Roberta Hawkins; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Elena Baca-Santa Cruz; David Martinez; Cheylynda Barnard
Subject: RE: Moreno Valley Morton Road repavement & communication failure Warning: External Email – Watch for Email Red Flags!
Good Morning all,
I’m very involved with the city of Fontana where my business is located. I recently attended a city meeting where a similar situation was taking place here. The project did NOT pass because of all the backlash from the community. Over 200 hundred signatures and roughly 20‐25 community members spoke against the project every time it was up for conversation. I share this with you so that maybe it can re‐spark some interest with this matter. I plan to attend the meeting to share my thoughts regarding this project and speak against it.

Sent from Mail for Windows
From: Sandra Walsh
Sent: Sunday, June 11, 2023 1:00 PM
To: Andy Gildore
Cc: Sean P. Kelleher; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; Mike Lee; P.E.; Brian Mohan; P.E.; Manuel A. Mancha; Jane Halstead; [email protected]; luis echeverria; Don Avery; [email protected]; Roberta Hawkins; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: Re: Moreno Valley Morton Road repavement & communication failure Afternoon,
My husband and I live within the required written notice radius and never received anything by mail.

In addition to Andy Gildore’s seven (7) issues outlined below and which we still are awaiting answers, we add an eighth (8):

8. There is a significant environmental impact to also be considered before approving this project: What is planned for re‐homing the burros, bobcats, rabbits, owls, etc.?
My husband is from rural Montana and the nature that surrounds us was a huge draw when we decided to purchase our home in this neighborhood. We do not want more concrete and congestion.

Sincerely,
Sandra and Larry Walsh
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Packet Pg. 2246 Attachment: Public Comment for City Council (6434 : Gateway Heights Tract 38459) 2 On Jun 8, 2023, at 4:56 AM, Andy Gildore <[email protected]> wrote:

Subject: Urgent Concerns Regarding the Gateway Heights Rezoning Proposal Dear Mr. Sean Kelleher, Protemp/Mayor, District#2 Rep Mr Delgado and Concerned Neighbors, I hope this email finds you well. I am writing to bring some urgent concerns to your attention regarding the Gateway Heights proposal for rezoning from R2 Residential to R10 Residential.

Unfortunately, despite my previous attempts, I have not received a confirmation for inclusion on the Moreno Valley City email listserv for events related to this proposal. This is my third request, and I would appreciate your assistance in rectifying this issue.

Furthermore, I have discovered that only two streets in the vicinity of the proposed site received a Public Hearing Notice for June 8, 2023, 6 p.m. by U.S. mail, while the remaining residents were solely informed through a posted sign at the property. This lack of consistent notification has left many of us feeling taken aback and excluded from the decision‐making process.

Regrettably, I must express my disappointment with the City of Moreno Valley's communication practices, not only towards its citizens but also in regard to responsiveness. Myself and other concerned neighbors have reached out to the contract planner and Moreno Valley City Officials via email, but we have yet to receive any form of acknowledgment or response. This absence of transparency, trust, and integrity in ensuring equal access and open communication is disheartening.

To provide clarity, let me outline the concerns of our community regarding the proposed rezoning:

1. Preservation of the R2 zoning: We strongly believe that maintaining the R2 zoning is essential to preserving the character of our neighborhood. The proposed R10 rezoning would introduce high‐density townhome units that are not in harmony with our existing semi‐custom to custom homes.

2. Parking concerns: We seek clarification on how the overflow of cars from the proposed townhomes will be accommodated. If a family has more than two cars, where will the additional vehicles be parked? We also question the monitoring and enforcement of any regulations in place and the potential consequences for non‐compliance.

3. Community Park management: It is imperative to address the concerns surrounding the proposed Community Park. Specifically, we need reassurance that measures will be in place to prevent issues such as homelessness, loitering, encampments, and the accumulation of trash within the park area.

4. Emergency preparedness: Given the potential risks to our health and safety, we need to understand the evacuation plans in case of emergencies such as road closures or fires. It is crucial that adequate measures are in place to protect lives and properties in the event of an unfortunate incident.

5. Traffic impact mitigation: The absence of an unbiased traffic study report raises concerns regarding the proposed development's impact on our already congested Morton Road.

Considering the 108 units, each with a 2‐car garage, we estimate a significant increase of 216 to 324 cars on Morton Road alone. We urge the City of Moreno Valley to address this issue and provide a comprehensive plan to alleviate the potential traffic problems.

6. Property value compensation: We kindly request clarification on whether the City of Moreno Valley will provide compensation for any potential depreciation in property values resulting from the rezoning and the construction of the proposed townhomes.

We believe that the proposed rezoning from R2 to R10 will exacerbate the aforementioned concerns and negatively impact our community. Therefore, we urgently request your attention to these matters and seek your support in addressing and rectifying these issues.

Thank you for your time and consideration. We look forward to your prompt response, as our community's well‐being and quality of life are at stake.

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Packet Pg. 2247 Attachment: Public Comment for City Council (6434 : Gateway Heights Tract 38459) 3 Sincerely,
Andy Gildore
Business Owner
U.S. Marine Corps Veteran
On Mon, May 1, 2023 at 7:27 AM Andy Gildore <[email protected]> wrote:

Dear Mr. Sean Kellher,
How are you doing? I hope all is well with you. On the early morning of Thursday, April 27th, 2023. All of our neighbors were taken by surprise because the entire Morton Road was closed. The entire Morton Road was being repaved from Box Springs Road to Jennings Court. Thank you very much, it was long overdue.

However, this is a formal complaint I want registered to the City of Moreno Valley and to the person in‐charge of this project. We were not only late for work and important appointments. Our time/fuel wasted driving around without any detour signs posted in advance especially to all of us who live and use this road.

I believe the City of Moreno Valley has the obligation and responsibility to notify residents in writing prior to starting this project. In addition, we kept driving from one closed street to another without any directional signs.

We were trapped in heavy traffic. I did talk to one of the street workers who mentioned‐ “All American Asphalt and Western Asphalt” were hired by the City of Moreno Valley. I made a remark to the worker that there were no detour signs nor advance notification posted. There should have been signs all around. The closure start/stop dates and alternate routes. So that we are aware of the appropriate day or two before this repaving project starts. Our only exit out of the area was Clark Street to Box Springs Road/Ironwood Ave. Later that morning the signs and safety cones were placed with detours posted with arrows. Too little too late.

Mr. Kellher, this is unacceptable a total communication breakdown under the watch of Moreno Valley City. There is a serious communication failure. We are taxpayers that fund the city personnel (their salary) who are public servants. This is a total disregard of our health, safety and well‐being. Is it because they don’t live here because of lack of care or it’s a disorganized system? Do you think if dignitaries live here ‐‐‐ yourself or colleagues, would this happen here? It is so upsetting for this to have happened. Please forward this email to the officer in‐charge of this project.

By the way, in my previous email you mentioned that my email will be registered on alert notification regarding Gateway Heights projects or any projects related to Morton Road or activity development alerts. I never received any city confirmation email of such listserv or bulletins. Please subscribe to me on this mailing list. In today’s communication technology, there are vast ways of Media resources to broadcast information. We should have been notified. I have served my military time honorably for our country. “First to go, last to know” I expect some common‐sense open transparent communication by those individuals in charge in the chain of command. Thank you !
Furthermore, by this event it is a perfect example NOT to rezone (R2‐R5 to R10) or building the Gateway Heights project of 108 Townhouses. The traffic congestion is not conducive to our environment, quality of life and above all our property value.

If there was a fire or any evacuation emergencies we will be trapped because this is the only main road to get out because the dirt road is also closed off. Clark Street is our only other way out. Morton Road is a single lane going up and one lane going down by Seneca Elementary School. There will also have a negative impact on the elementary school to their kid’s learning environment.

This is a formal notice I want registered that we will hold the City of Moreno Valley liable and responsible. In the future development of this area, it is unconscionable to build high density homes without ingress/egress accessibility, safety, and proper traffic flow. We already have traffic congestion. Thank you for your kind understanding and appreciate your cooperation.

Sincerely,
Andy Gildore
U.S. Marine Veteran & Business Owner
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Packet Pg. 2248 Attachment: Public Comment for City Council (6434 : Gateway Heights Tract 38459) 1 Sean P. Kelleher
From: Frank Almeida <[email protected]>
Sent: Tuesday, August 29, 2023 6:41 PM
To: Moreno Valley Mayor; Edward A. Delgado; Elena Baca-Santa Cruz; David Martinez; Cheylynda Barnard
Cc: Sean P. Kelleher; Catherine Lin; [email protected] Subject: Gateway Heights Project - Letter of Support - Sept. 5, 2023 City Council Meeting Warning: External Email – Watch for Email Red Flags!
Preview attachment FW: Thank you for your time today.eml FW: Thank you for your time today.eml
172 KB
Dear Mayor Cabrera and City Councilmembers:

My name is Frank Almeida and I live at 21012 Pala Foxia Place in Moreno Valley.  On June 8, 2023, I attended the Moreno Valley Planning Commission meeting and expressed my opposition to the Gateway Heights project.  Based on my conversations with the Gateway Heights project representative, Jason Ackerman, and City Staff, I am sending you this email in support of the project.

Jason gave me his contact information at the Planning Commission meeting and we connected a couple of days later.  We talked about the project’s traffic impact analysis, the existing roadway conditions and illegal parking on Morton Road, and issues related to homelessness and illegal dumping.  Jason introduced me to Sean Kelleher and Catherine Lin via email and I shared additional concerns about illegal off‐roading and illegal parking in our residential tract. (See attached email). Sean forwarded my concerns to various departments within the City and we are continuing to work together on these issues.

Based on my conversations with Jason and the City Staff, my opinion about the Gateway Heights project has changed. I believe the Gateway Heights project is a well‐planned project that will not make any of the existing traffic problems worse. Also, the project will improve the area by offering new homes, completing flood control improvements, and contributing land to the Box Springs Canyon Preserve. Therefore, I am sending you this email in support of the Gateway Height project.

Sincerely,
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Packet Pg. 2249 Attachment: Public Comment for City Council (6434 : Gateway Heights Tract 38459) 2 Frank Almeida
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Packet Pg. 2250 Attachment: Public Comment for City Council (6434 : Gateway Heights Tract 38459) F.1.q
Packet Pg. 2251 Attachment: Parking Study_November 13 2023 (6434 : Gateway Heights Tract 38459) F.1.q
Packet Pg. 2252 Attachment: Parking Study_November 13 2023 (6434 : Gateway Heights Tract 38459) F.1.q
Packet Pg. 2253 Attachment: Parking Study_November 13 2023 (6434 : Gateway Heights Tract 38459) Applicant Volunteered Condi�ons of Approval
1: The projects Covenants, Codes and Restric�ons (CC&R’s) shall include a restric�on that prohibits residents from using atached garages for storage and requires residents to use their garages for offstreet parking. Said statement shall be consistent with the following language: “No resident may convert or use any garage for purposes other than parking of the number of vehicles such garage was designed to contain and storage of reasonable amounts of household goods that do not interfere with the ability to park the number of vehicles such garage was designed to accommodate or create a fire or safety hazard.”
2: The projects Covenants, Codes and Restric�ons (CC&R’s) shall include a parking permit policy, requiring all residents to register their vehicles with the HOA in order to prohibit residents from u�lizing designated guest parking spaces.
3: The Applicant shall provide a minimum of twenty-seven (27) guest parking spaces, clearly iden�fied with signage. The final loca�on of said spaces shall be reviewed and approved by the Planning Official.

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Packet Pg. 2254 Attachment: Applicant Volunteered Conditions of Approval [Revision 1] (6434 : Gateway Heights Tract 38459) Report to City Council
ID#6334 Page 1
TO: Mayor and City Council
FROM: Melissa Walker, Public Works Director/City Engineer AGENDA DATE: December 5, 2023
TITLE: REQUEST FOR TEMPORARY CLOSURE OF GRANDE

VISTA DRIVE

RECOMMENDED ACTION
Recommendation:

1. Conduct a public hearing to adopt Resolution No. 2023-XX approving the temporary closure of Grande Vista Drive south of Bonita Heights

SUMMARY
Grande Vista Drive, south of Bonita Heights Drive is a local street that ends in a cul-desac. Over the years the location has become popular for loitering and illegal activity. In March 2022, at the request of Pacific Iris Moreno Valley Homeowner’s, the City placed temporary delineators and barricades to prevent motorist from congregating in the area.

However, over the past year the temporary traffic barricades are continuously being vandalized or moved to access the area causing safety concerns to the local residents.

On April 2023, the Pacific Iris Communities HOA reached out to the City requesting a more permanent solution.

DISCUSSION
Grande Vista Drive is a residential collector with a posted speed limit of 25 mph. The street is approximately 2,500 feet long and serves as an entrance to three separate developments. At the top of the Grande Vista Drive cul-de-sac is a trailhead that connects with several hiking and mountain bike paths used by residents. However, the area is also where many unwanted activities (drugs, loud music, physical encounters, etc.) take place disrupting the neighborhood and presenting a safety concern for the residents nearby especially during late evening hours.

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To address the loitering and unwanted activities, the City placed several wooden barricades and glue-downed type delineators to restrict vehicles from continuing southerly beyond Bonita Heights Drive. Despite the placement of these temporary barriers, individuals continue to remove them to gain access to the top of the cul-de-sac where they participate in the unwanted activities. Weekly maintenance of the barriers is required to keep the devices in place. This continued behavior has prompted board members of the HOA to reach out to the City requesting a more permanent solution.

City staff met with the Fire Department to determine what actions could be taken without compromising public safety. A high-visible reflective pipe gate was recommended to mitigate the unwanted activity. The gate will allow for a more permanent solution while simultaneously reducing maintenance cost. The installation of the reflective pipe gate will close of the travel way only while still providing pedestrian and bicyclist access to the trailhead.

The cul-de-sac provides access to a handful of agencies including California State Parks (Lake Perris), Moreno Valley College, and Eastern Municipal Water District who own property in the area. These agencies, including police and fire departments will be given access to the gate and be allowed to access the unrestricted area.

The installation of the reflective piped gate will be temporary. Per California Vehicle Code Section 21101.4, the City has the authority to close the street for a period of 8 consecutive 18-month terms (144 months or 12 years). This will be the first official 18- month period and will expire in March 2025. Prior to the initial expiration date, a 2nd public hearing and staff report will be presented to determine if the temporary closure should continue.

As a requirement, public notices of this action were installed at the location informing the public that this portion of Grande Vista Drive’s cul-de-sac will be closed. The managers from both the Moreno Valley Ranch and Pacific Iris Moreno Valley Homeowner’s Association were informed of this action and were supportive of the reflective piped gate installation. In addition to the public notices, the HOA’s also distributed this information to their members who may be interested in this matter and were advised they can attend the meeting.

Staff presented it to the Traffic Safety Commission (TSC) meeting on October 4, 2023, with the overwhelming support from attendees. Furthermore, TSC approved the recommended actions.

The proposed street closure plan was made available for public view on August 9, 2023, and a public hearing notice was published in Press Enterprise on November 22, 2023.

ALTERNATIVES

1. Approve and authorize the recommendations as presented in this report. This alternative will allow the street closure to move forward in a timely manner.

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2. Do not approve the recommended actions as presented in this staff report. This alternative will deny the residents’ request and allow the loitering and unwanted activities.

FISCAL IMPACT
The project is funded by the existing operation budget. There is no impact to the General Fund.

NOTIFICATION
Publication of agenda

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Wei Sun, T.E., PTOE Melissa Walker, P.E
City Traffic Engineer Public Works Director/City Engineer

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. Grande Vista Temporary Street Closure map 11-2023

2. Grande Vista v1

3. Public Hearing Notice - Grande Vista Drive Closure and Gate (FINAL)

APPROVALS
Budget Officer Approval ✓ Approved . 11/27/23 3:58 PM
City Attorney Approval ✓ Approved .

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City Manager Approval ✓ Approved . 11/27/23 4:04 PM
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517.0
433.6
WGS_1984_Web_Mercator_Auxiliary_Sphere
0 216.79 433.6 Feet
Grande Vista Temporary Street Closure
DISCLAIMER: The information shown on this map was compiled from the City of Moreno Valley GIS and Riverside County GIS. The land base and facility information on this map is for display purposes only and should not be relied upon without independent verification as to its accuracy. Riverside County and City of Moreno Valley will not be held responsible for any claims, losses or damages resulting from the use of this map.

Notes:

Legend
Print Date: 11/16/2023
Image Source: Nearmap
Curb Lines
Curb
Pavement
Track
Road Labels
City Boundary
Sphere of Influence
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Packet Pg. 2259 Attachment: Grande Vista Temporary Street Closure map 11-2023 (6334 : REQUEST FOR TEMPORARY 1 Resolution No. YYYY-____
Date Adopted: Month DD, YYYY
RESOLUTION NO. 2023-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MORENO VALLEY, CALIFORNIA,
WHEREAS, Grande Vista Drive is a residential collector with a posted speed limit of 25 mph, and
WHEREAS, Grande Vista Drive, south of Bonita Heights Drive is a local street that ends in a cul-de-sac, and
WHEREAS, over the years, the location has become a popular location for loitering and illegal activity, and
WHEREAS, the Pacific Iris Communities HOA reached out to the Mayor requesting the City consider street closure; and
WHEREAS, the City may by ordinance or resolution adopt regulations temporarily closing a roadway within its jurisdiction after holding a public hearing.

WHEREAS, a public hearing was held on October 4, 2023; and WHEREAS, temporary closure must not be for more than 18 months, although closure may be extended for not more than eight consecutive 18-month periods NOW, THEREFORE, BE IT RESOLVED by the City council of the City of Moreno Valley, California, subject to the conditions hereinbelow stated, that Grande Vista Drive south of Bonita Heights is authorized to be closed temporarily for the duration of 18 months.

APPROVED AND ADOPTED this _____ day of _______________, 2023. ___________________________
Ulises Cabrera
Mayor
City of Moreno Valley
ATTEST:

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Packet Pg. 2260 Attachment: Grande Vista v1 (6334 : REQUEST FOR TEMPORARY CLOSURE OF GRANDE VISTA DRIVE) 2 Resolution No. YYYY-____
Date Adopted: Month DD, YYYY
____________________________
Jane Halstead, City Clerk
APPROVED AS TO FORM:
____________________________
Steve Quintanilla, City Attorney
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Packet Pg. 2261 Attachment: Grande Vista v1 (6334 : REQUEST FOR TEMPORARY CLOSURE OF GRANDE VISTA DRIVE) 3 Resolution No. YYYY-____
Date Adopted: Month DD, YYYY

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. YYYY-___ was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the _____ day of______, YYYY by the following vote:

AYES:

NOES:

ABSENT:

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

JANE HALSTEAD, CITY CLERK
(SEAL)
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Packet Pg. 2262 Attachment: Grande Vista v1 (6334 : REQUEST FOR TEMPORARY CLOSURE OF GRANDE VISTA DRIVE)

CITY OF MORENO VALLEY

NOTICE OF PUBLIC HEARING TO CLOSE A PORTION OF GRANDE VISTA DRIVE PURSUANT TO CALIFORNIA VEHICLE CODE SECTION 21101.4.

NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Council of the City of Moreno Valley on the date and time set forth below:

The Public Hearing will be held on Tuesday, December 5, 2023, at 6:00 p.m. to review and approve this temporary street closure at:

City of Moreno Valley, City Hall Council Chambers
14177 Frederick Street, Moreno Valley, CA 92552
HEARING TITLE: Eighteen (18) Month Temporary Street Closure of approximately 650’ of Grande Vista Drive beginning south of the intersection of Bonita Heights Drive and ending at the cul-de-sac of Grande Vista Drive in Council District 4.

PUBLIC DESCRIPTION: Pursuant to the authority granted to the City through California Vehicle Code Section 21101.4, the subject street was previously closed to through vehicular traffic due to serious and continual criminal activity. This request for an eighteen (18) month time extension is in accordance with Vehicle Code Section 21101.4. The subject street will remain physically closed to through vehicular traffic to help deter criminal activity once the time extension for the subject street has been approved by the City Council.

ENVIRONMENTAL DETERMINATION: Temporary closures of streets constitutes a minor alteration of a public facility, with no increase in use and no additional automobile lanes. The action is categorically exempt from CEQA review pursuant to CEQA Guidelines section 15301(c) (Existing Facilities). No further CEQA review is required.

PUBLIC TESTIMONY: All interested parties will be provided an opportunity to submit oral testimony during the public hearing and/or provide written testimony during or prior to or at the public hearing. More information can be found on the Agenda, which will be posted on the City’s website at least 72 hours prior to the meeting http://morenovalleyca.iqm2.com/Citizens/default.aspx
GOVERNMENT CODE § 65009 NOTICE: If you challenge any of the proposed actions taken by the City Council in court, you may be limited to raising only those issues you or someone else raised during the Public Hearing described in this notice, or in written correspondence delivered to the Public Works Department of the City of Moreno Valley during or prior to the Public Hearing.

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Packet Pg. 2263 Attachment: Public Hearing Notice - Grande Vista Drive Closure and Gate (FINAL) (6334 : REQUEST FOR TEMPORARY CLOSURE OF GRANDE ACCESSIBILITY: Upon request and in compliance with the Americans with Disabilities Act of 1990, any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to James Verdugo, 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.

For more information, please contact the Transportation Engineering Division within the Public Works Department at 951.413.3140.

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Packet Pg. 2264 Attachment: Public Hearing Notice - Grande Vista Drive Closure and Gate (FINAL) (6334 : REQUEST FOR TEMPORARY CLOSURE OF GRANDE Report to City Council
ID#6454 Page 1
TO: Mayor and City Council
FROM: Sean P. Kelleher, Community Development Director
AGENDA DATE: December 5, 2023
TITLE: MUNICIPAL CODE AMENDMENT AMENDING CHAPTER

9.02 (PERMITS AND APPROVALS), CHAPTER 9.03
(RESIDENTIAL DISTRICTS), CHAPTER 9.05 (INDUSTRIAL
DISTRICTS), CHAPTER 9.14 (LAND DIVISIONS), AND
CHAPTER 9.16 (DESIGN GUIDELINES) OF TITLE 9
(PLANNING AND ZONING)

RECOMMENDED ACTION
Recommendation: That the City Council:

1. CONDUCT the First Reading of Ordinance No. XXXX and Introduce the Ordinance amending Sections 9.02.020, 9.03.040, 9.03.055, 9.03.070, 9.03.080,

9.05.040, 9.14.100, and 9.09.170 of Title 9 of the Moreno Valley Municipal Code to provide updates consistent with new State Law and Housing and Community Development (HCD) requirements, streamline Code requirements to provide flexibility and clarity regarding existing requirements, and provide for other minor clarifications and clean-up items.

SUMMARY
This Municipal Code Amendment revises various sections of Title 9 (Planning and Zoning) for the following purposes:

A. To make necessary revisions consistent with new State laws related to housing; and
B. To make minor clarifications in various provisions and clean-up various items.

BACKGROUND
On November 9, 2023, the Planning Commission unanimously recommended the City F.3
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Council adopt the proposed Ordinance and find the proposed Ordinance is exempt from the California Environmental Quality Act.

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

Section 9.02.020 (Permitted Uses)
This proposed amendment will add “Truck Charging Facilities” to Table 9.02.020-1 within the Permitted Uses section, permitted within the Industrial (I) and Light Industrial (LI) Districts, and as a Conditionally Permitted Use within the Community Commercial (CC) District.

Section 9.03.040 (Residential Site Development Standards) This proposed amendment will remove duplicate information from Section 9.03.040.

Section 9.03.055 (Density Bonus Program for Green Building and Energy Efficiency) This section currently provides a five percent residential density bonus incentive to multifamily residential developments within the R10, R15, R20, R30, and SP204-Village Residential Districts that achieve certain green building standards. This proposed amendment would extend that incentive to new multifamily developments within the MUN, MUC, MUI, H-OC, COMU, and DC Districts.

Section 9.03.070 (Streamlined Ministerial Approval Process (Senate Bill 35)) This new section will establish a streamlined ministerial review and public oversight process for the final review and approval of SB 35 applications to help address the state’s continuing housing crisis.

Section 9.03.080 (Streamlined Ministerial Approval Process (Senate Bills 330 and 8)) This new section establishes a streamlined ministerial review and public oversight process for the final review and approval of SB 330 applications to help address the state’s continuing housing crisis.

Section 9.05.040 (Industrial Site Development Standards) This proposed amendment provides additional site development requirements for Industrial zoning districts. These new standards will require a minimum of 10% of the required truck parking stalls with appropriately sized conduit(s) to allow for the installation of future truck charging facilities for all new industrial buildings with more than 30 required truck parking stalls. This proposed amendment also addresses the installation of directional signage, solar-ready roofs, and electrical room sizing requirements.

Section 9.14.100 (Land Division Dedications, Improvements, Fees and Reservations) This proposed amendment requires the construction of full-width street improvements along the right-of-way which abut most new subdivisions and development projects.

Section 9.16.170 (Applications for Hillside Development Permit) F.3
Packet Pg. 2266

This proposed amendment adds language to require adherence to the Hillside Development Guidelines during the planning application review process.

ENVIRONMENTAL
The proposed Municipal Code 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, as the enacting ordinance is not considered a “project” under CEQA.

ALTERNATIVES

1. Approve the proposed Recommended Actions set forth in this staff report. Staff recommends this alternative.

2. Do not approve the proposed Recommended Actions as set forth in this staff report. Staff does not recommend this alternative since it would leave critical portions of the Municipal Code out of compliance and/or inconsistent with newly enacted State laws.

FISCAL IMPACT
There are no fiscal impacts anticipated from the approval and adoption of this Ordinance. However, it is anticipated that the proposed modifications will streamline business and development regulations, which is expected to have a positive impact on business and development which will result in a positive fiscal impact for the City.

NOTIFICATION
Consistent with the Municipal Code provisions pertaining to public notification of this item, public notice was published in the Press Enterprise Newspaper.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Danielle Harper-Scott Sean P. Kelleher
Associate Planner Community Development Director
Concurred By:

Julia Descoteaux
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.

F.3
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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 XXXX

APPROVALS
Budget Officer Approval ✓ Approved . 11/27/23 4:12 PM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 11/27/23 4:22 PM
F.3
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ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO

VALLEY, CALIFORNIA, AMENDING VARIOUS SECTIONS WITHIN
TITLE 9 (PLANNING AND ZONING), INCLUDING CHAPTER 9.02
(PERMITS AND APPROVALS), CHAPTER 9.03 (RESIDENTIAL
DISTRICTS), CHAPTER 9.05 (INDUSTRIAL DISTRICTS), CHAPTER 9.14 (LAND DIVISIONS), AND CHAPTER 9.16 (DESIGN GUIDELINES) OF

THE MORENO VALLEY MUNICIPAL CODE
WHEREAS, the City of Moreno Valley (“City”) is a general law city and a municipal corporation of the State of California; and
WHEREAS, pursuant to the authority granted the City by Article XI, Section 7 of the California Constitution, the City has the police power to adopt regulations designed to promote the public convenience or the general prosperity, as well as regulations designed to promote the public health, morals and/or safety; and WHEREAS, Section 9.02.050 (Amendments to zoning districts or other provisions of Title 9) of Chapter 9.02 (Permits and Approvals) of Title 9 (Planning and Zoning) of the Municipal Code provides that either the staff or the Planning Commission may initiate amendments to the provisions of Title 9; and
WHEREAS, staff has recommended to the Planning Commission that it recommend that the City Council adopt several amendments to Title 9, which include revising certain provisions of Chapter 9.02 (Permits and Approvals), Chapter 9.03 (Residential Districts), Chapter 9.05 (Industrial Districts), Chapter 9.14 (Land Divisions) and Chapter 9.16 (Design Guidelines) (collectively referred to herein as “PEN23-0125”); and
WHEREAS, PEN23-0125 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 PEN23-0125 is consistent with the MOVAL 2040 General Plan and its goals, objectives, policies, and programs, and with any applicable specific plan; and
WHEREAS, staff has further determined that PEN23-0125 will not adversely affect the public health, safety or general welfare; and
WHEREAS, staff has also determined that PEN23-0125 is consistent with the purposes and intent of Title 9; and
WHEREAS, staff has determined that PEN23-0125 amendments are exempt from the California Environmental Quality Act in accordance with Section 15061(b)(3) of the F.3.a
Packet Pg. 2269 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) CEQA Guidelines in that the amendments involve general policy and procedure making, and it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment.

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

Section 1. RECITALS
That the above recitals are true and correct and are incorporated herein as though set forth at length herein.

Section 2. AUTHORITY
That this Ordinance is adopted pursuant to the authority granted by Article XI, Section 7 of the Constitution of the State of California and California Government Code Section 37100, and it is not intended to be duplicative of state law, or be preempted by state legislation.

Section 3. AMENDMENT TO SECTION 9.02.020 (PERMITTED USES) Section 9.02.020 (Permitted Uses) of Chapter 9.02 (Permits and Approvals) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit A.

Section 4. AMENDMENT TO SECTION 9.03.040 (RESIDENTIAL SITE

DEVELOPMENT STANDARDS)
Section 9.03.040 (Residential Site Development Standards) of Chapter 9.03 (Residential Districts) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit B.

Section 5. AMENDMENT TO SECTION 9.03.055 (DENSITY BONUS

PROGRAM FOR GREEN BUILDING AND ENERGY EFFICIENCY)
Section 9.03.055 (Density Bonus Program for Green Building and Energy Efficiency) 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 9.03.070 (STREAMLINED MINISTERIAL APPROVAL PROCESS (SENATE BILL 35)) TO CHAPTER 9.03
(RESIDENTIAL DISTRICTS)
Section 9.03.070 (Streamlined Ministerial Approval Process (Senate Bill 35)) of Chapter 9.03 (Residential Districts) of Title 9 (Planning and Zoning) is hereby added to Chapter 9.03 (Residential Districts) as set forth in Exhibit D.

F.3.a
Packet Pg. 2270 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Section 7. ADDING SECTION 9.03.070 (9.03.080 STREAMLINED MINISTERIAL APPROVAL PROCESS (SENATE BILLS 330
AND 8) TO CHAPTER 9.03 (RESIDENTIAL DISTRICTS)
Section 9.03.080 (Streamlined Ministerial Approval Process (Senate Bills 330 and 8)) of Chapter 9.03 (Residential Districts) of Title 9 (Planning and Zoning) is hereby added to Chapter 9.03 (Residential Districts) as set forth in Exhibit E.

Section 8. AMENDMENT TO SECTION 9.05.040 (INDUSTRIAL SITE

DEVELOPMENT STANDARDS)
Section 9.05.040 (Industrial Site Development Standards) of Chapter 9.05 (Industrial Districts) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit F.

Section 9. AMENDMENT TO SECTION 9.14.100 (LAND DIVISION

DEDICATIONS, IMPROVEMENTS, FEES AND RESERVATIONS)
Section 9.14.100 (Land Division Dedications, Improvements, Fees and Reservations) of Chapter 9.14 (Land Divisions) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit G.

Section 10. AMENDMENT TO SECTION 9.16.170 (APPLICATIONS FOR

HILLSIDE DEVELOPMENT PERMIT)
Section 9.16.170 (Applications for Hillside Development Permit) of Chapter 9.16 (Design Guidelines) of Title 9 (Planning and Zoning) is hereby amended as set forth in Exhibit H.

Section 11. CEQA COMPLIANCE
That PEN23-0125 Amendments are exempt from the California Environmental Quality Act in accordance with Section 15061(b)(3) of the CEQA Guidelines in that the amendments involve general policy and procedure making, and it can be seen with certainty that there is no possibility that the amendments will have a significant effect on the environment.

Section 12. FINDINGS
The ordinance is consistent with the City’s 2040 General Plan.

Section 13. 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.

F.3.a
Packet Pg. 2271 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Section 14. 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 15. EFFECTIVE DATE
That this Ordinance shall take effect thirty (30) days after its second reading.

Section 16. CERTIFICATION
That the City Clerk shall certify to the passage and adoption of this Ordinance, enter the same in the book for original ordinances of the City, and make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Ordinance is passed and adopted. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
F.3.a
Packet Pg. 2272 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) INTRODUCED at a regular meeting of the City Council on ___ _, ____, and PASSED, APPROVED, and ADOPTED by the City Council on ______ __, ___, by the following vote:
________________________________
Ulises Cabrera, Mayor
City of Moreno Valley
ATTEST:
___________________________________
Jane Halstead, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven B. Quintanilla, Interim City Attorney
F.3.a
Packet Pg. 2273 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus)

ORDINANCE JURAT

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )
ss. CITY OF MORENO VALLEY
)
I, _____________________, City Clerk of the City of Moreno Valley, California, do hereby certify that Ordinance No. 2023 - XX was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the day of , 2023, by the following vote:

AYES:

NOES:

ABSENT:

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

CITY CLERK
(SEAL)
F.3.a
Packet Pg. 2274 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

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

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

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

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

Residential Zones Mixed Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS Adult Businesses A A A A A A A
Agricultural Uses—Crops Only18 X X X X X X X X X X X X X X X X X X X X X X X X X X Agricultural (involving structures) X
Aircraft Landing Facilities (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
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
F.3.a
Packet Pg. 2275 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

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

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

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

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

Residential Zones Mixed Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS 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
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
F.3.a
Packet Pg. 2276 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

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

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

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

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

Residential Zones Mixed Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS 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
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
F.3.a
Packet Pg. 2277 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

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

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

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

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

Residential Zones Mixed Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS Gasoline Dispensing - Non-retail accessory to an autorelated use18 X X X X X Glass Shops and Glass Studios—Stained, etc. X X X X X
Golf Courses or Golf Driving Ranges with Incidental
Commercial Uses18 C C C C C C C C C C C C 
Handicapped Housing18 X X X X X X X X
Heavy Equipment Sales and Rentals X X X
Hospitals18     C C C
Hotels18
a. With 20% or less of the units containing kitchens X X X X C X X X b. With over 20% of the units containing kitchens C C C C C C C C Ice Cream Stores—Including Yogurt Sales X X X X X X X X Impound Yards X
Jewelry Stores X X X X X X
Kennel and Catteries C C C C C C C C C C C C C C C C C     C Laboratories (medical and dental) 18 X X X X X X X X X X X Libraries18 X X X X X X X X X X X X X X X X X X X X X X X X Liquor Stores    
Live/Work Unit 12, 18 X X X
Locksmith Shops X X X X X X X X X X
Lodge Halls and Similar Facilities18        
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 F.3.a
Packet Pg. 2278 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

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

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

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

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

Residential Zones Mixed Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS Medical Clinics/Medical Care18
Inpatient care X X X X X X X X X X X
Urgent care X X X X X X X
Medical device services and sales (retail), including, but not limited to, fittings for and sale of prosthetic and orthotic devices

X X X X
Medical equipment supply, including retail sales for in-home medical care, such as wheelchairs, walkers, and respiratory equipment

X X X X
Mobile Home Parks18 C C C C C C C C C C C C
Mobile Home Sales or Rentals (outdoor display) C
Mortuaries
With cremation services X X
No cremation services C C C C C C C C C C    X X
Museums18 X X X X X X X X X X X X X X X X X X X X X X X X X X Newspaper and Printing Shops X X X X X X X X X
Nightclubs18 C C C
Nursery, (Plant), Wholesale and Distribution X X X X X X X Offices (administrative and professional) 18 X X X X X X X X X X X Open Air Theaters18 C C C
Orphanages18 C C C C C C C C C C C C
Painting Contractor X X
Parcel Delivery Terminals18 X X X X
Parking Lot C C X X C X
Parks and Recreation Facilities (public) 18 X X X X X X X X X X X X X X X X X X X X X X X X X X Personal Services (e.g., nail salons, spa facilities15, barber and beauty shops, and tattoo parlors) 18 X X X X X X X X Pharmacy4 X X X X X X X X
Photo Studios X X X X X X X X
Plumbing Shops X X
Plumbing Supply Stores for Contractors X X X
Pool Hall18   
Postal Services X X X X X X X X X X
Pottery Sales with Outdoor Sales X X X X X X X X
F.3.a
Packet Pg. 2279 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

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

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

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

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

Residential Zones Mixed Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS Public Administration, Buildings and Civic Centers18 X X X X X X X X X X X X X Public Utility Stations, Yards, Wells and Similar Facilities, Excluding Offices18 C C C C C C C C C C C C          X X   C Racetracks18 C C
Record Store X X X X X X
Recording Studio X X X X X X X X X X X X
Recreational Facilities (Private) such as Tennis Club, Polo Club, with Limited Associated Incidental Uses18 C C C C C C C C C C C C       Recycling, Large Collection Facility5  X X
Recycling, Small Collection Facility X X X X X X
Recycling Processing Centers X X X X
Refreshment Stands X X X X X X X X X X X X X
Rental Service
Within an enclosed structure (furniture, office, party supplies) X X X X X X X X X X With outdoor storage and display (vehicles, equipment, etc.)   X X Research and Development18 X X X X X X X X X
Residential18
Single-Family X X X X X X X X 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
F.3.a
Packet Pg. 2280 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

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

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

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

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

Residential Zones Mixed Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS Sandwich Shops6 X X X X X X X X6
Schools, Private C C C C C C C C C C C C          Senior Housing X X X X X X X X X X X X X X X X X
Shoe Shine Stands X X X X X X X X X
Shoe Repair Shop X X X X X X
Sign Shop X X X X X X X X X X
Single room occupancy (SRO) facility18 C C C C X
Skating Rinks18 X X
Smoke Shops16 S S S S
Stationery Stores X X X X X X X X X
Statue Shop -Outdoor display  X X
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 Charging Facilities C 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 F.3.a
Packet Pg. 2281 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit A
Permitted Uses Table 9.02.020-1
X - Indicates stated use is permitted subject to district requirements.

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

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

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

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

Residential Zones Mixed Use
Overlay
Commercial & Office
Zones
Industrial
Zones
HRRRR1RA2R2R3R5RS10R10R15R20R30MUN (9,11)MUC (9.11)MUI (8,10,11)NCCCVCOCOPILIBPBPXOS All activities indoors (more than 50,000 square feet) X X All activities outdoors X
Retail sale of goods warehoused on-site7 X X X
Wrecking Yard 
Notes:
(1) Do not consider residential use per distance requirement. (2) The administrative plot plan process may be used to establish these uses in an existing building within any commercial or industrial zone, even if the project is located adjacent to residential uses or zones.
(3) Retail is limited to fifteen (15) percent of gross floor area (see Section 9.05.040 of this title). (4) Permitted in the OC and VOR districts only as a support medical office facility. (5) Large collection facilities may be established within an existing building through the “tenant improvement” process if such building or tenant space occupied by the use is not located adjacent to a residential use or zone.
(6) Sandwich shops shall not have cooking hoods, nor shall they exceed five percent of the gross floor area of the complex where they are located. (7) Retail is limited to fifteen (15) percent of gross floor area (see Section 9.05.040 of this title). (8) In the MUI district, mixed use (commercial uses on first floor with office uses or residential uses on upper floors) are (a) required to on lots at street intersections and within 300 feet in any direction from a street intersection, as measured from the corner formed by the lot’s property lines, and (b) are allowed, but not required on the other lots. (9) In the MUC and MUN districts, mixed use (commercial uses on first floor with office uses or residential uses on upper floors) are (a) required to on lots at street intersections and within 150 feet in any direction from a street intersection, as measured from the corner formed by the lot’s property lines, and (b) are allowed, but not required on the other lots.
(10) See Section 9.07.40 (Medical Use Overlay District) (11) See Section 9.09.260 (Mixed Use Development)
(12) See Section 9.09.250 (Live-Work Development)
(13) See Section 9.09.270 (Outdoor Dining)
(14) Use is also permitted in the Moreno Valley Industrial Area Plan (SP 208) (15) For Spa Facilities refer to Title 11, Chapter 11.96 of the Municipal Code. (16) See Section 9.09.280.C (Smoke Shops) for distance requirements that require a Conditional Use Permit. (17) See Section 9.09.290 (Commercial Cannabis Activities) for all Commercial Cannabis Activities regulations. (18) See Section 9.07.060 Airport Land Use Compatibility Plan for Airport Land Use Compatibility Plan (ALUCP) requirements for actions proposed on property located within an Airport Compatibility Zone. When located within an Airport Land Use Compatibility Zone, greater land use, restrictions for airport compatibility may apply per the applicable ALUCP.
(19) For Day Care uses in the Moreno Valley Industrial Area Plan (SP 208), See Section 9.07.060 Airport Land Use Compatibility Plan for Airport Land Use Compatibility Plan (ALUCP) requirements for actions proposed on property located within an Airport Compatibility Zone. When located within an Airport Land Use Compatibility Zone, greater land use, restrictions for airport compatibility may apply per the applicable ALUCP. (20) See Section 9.04.050 (Affordable Housing in Commercial Zones) F.3.a
Packet Pg. 2282 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit A
(21) See Section 9.09.320. 9.09.320 Low barrier navigation centers.

Zoning District Key
HR Hillside Residential District MU Mixed Use Overlay District RR Rural Residential District MUN Mixed-Use Neighborhood Overlay District R1 Residential 1 District (40,000 square feet minimum lot size) MUC Mixed-Use Community Overlay District RA2 Residential Agriculture 2 (20,000 square feet minimum lot size) MUI Mixed-Use Institutional Anchor Overlay District R2 Residential 2 District (20,000 square feet minimum lot size) NC Neighborhood Commercial District R3 Residential 3 District (10,000 square feet minimum lot size) CC Community Commercial District R5 Residential 5 District (7,200 square feet minimum lot size) VC Village Commercial District RS10 Residential Single-Family 10 District (4,500 square feet minimum lot size) OC Office Commercial District R10 Residential 10 District (Up to 10 Dwelling Units per net acre) O Office District R15 Residential 15 District (Up to 15 Dwelling Units per net acre) P Public District R20 Residential 20 District (Up to 20 Dwelling Units per net acre) I Industrial District R30 Residential 30 District (Up to 30 Dwelling Units per net acre) LI Light Industrial BP Business Park District
BPX Business Park-Mixed Use District
OS Open Space District
F.3.a
Packet Pg. 2283 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit B

9.03.040 Residential site development standards.

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

A. Rural Residential Requirements.

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

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

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

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

3. Subdivision Design and Future Land Divisions.

F.3.a
Packet Pg. 2284 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit B
a. Subdivisions shall be compatible with the surrounding development pattern. A subdivision shall be considered compatible if the lots created along the outside boundary of the project are no smaller than the average lot size within three hundred (300) feet of the project boundary. Parcels greater than five acres in area shall be excluded from the calculations when determining the average lot size within three hundred (300) feet of the project boundary.
b. Subdivisions shall be designed in such a way as to transfer development density to the lower slope classes and preserve the steeper slopes for very low density and/or open space. Subdivisions created in this way are prohibited from further division so as not to circumvent the density transfer and the purpose of the district. This restriction shall be binding on the subdivider and subsequent land owners. Therefore, this restriction shall be secured by development agreement or other type of recorded deed restriction approved by the city.

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

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

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

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

B. Hillside Residential Requirements.

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

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

15.1% to 25% 0.25 (1 du/4 ac) 50%
10% to 15% 0.50 (1 du/2 ac) 35%
Less than 10% 1.00 (1 du/ac) n/a
b. Slope analysis calculations and mapping shall be provided by the applicant as described under subsection C of this section. The community development director may require the slope analysis to be certified by a qualified civil engineer or licensed surveyor.

F.3.a
Packet Pg. 2285 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit B
c. The total number of dwelling units permitted within a project area shall be the sum of the allowable dwelling units within each slope class. For example, if ten (10) acres of the project falls within the fifteen and one-tenth (15.1) percent to twenty-five (25) percent slope class and five acres falls within the greater than twenty-five (25) percent slope class, then the total permitted yield shall be three dwelling units (10 ac x 0.25 du/ac plus 5 ac x 0.10 du/ac).

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

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

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

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

Lot Size Standards
Less than 20,000 s.f. R-3 district standards
20,000 s.f. to 40,000 s.f. R-2 district standards
40,000 s.f. or greater R-1 district standards
F.3.a
Packet Pg. 2286 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit B

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

9.16.235 of this title, and the following standards:

Slope Class Standards

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

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

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

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

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

2. a. For the purpose of determining the amount and location of land falling into each slope category, the applicant shall submit to the community development department, at the time of application, a base topographic map of the subject site prepared and signed by a registered civil engineer or licensed land surveyor. Such a map shall have a scale of not less than one inch to two hundred (200) feet and a contour interval of not more than ten (10) feet.
b. This base topographic map shall include all adjoining properties within three hundred (300) feet of the site boundaries. Slope bands in the range of less than ten (10) percent, ten (10) to fifteen (15) percent, fifteen (15) to twenty-five (25) percent, and greater than twenty-five (25) percent shall be delineated on the topographic map.

The map shall be accompanied by a tabulation of the land area in each slope category specified in acres. The exact method for computing the percent slope and area by percent slope category is to be sufficiently described and presented so that a review can readily be made.

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

D. General Residential Requirements. The following tables sets forth minimum site development standards for residential development projects in the specified F.3.a
Packet Pg. 2287 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit B
residential districts. In addition, projects must comply with the special development standards enumerated in this section, the performance standards included in Chapter 9.10 and any other applicable city ordinances, policies and standards.

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

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

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

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

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

5. Minimum front yard setback 25 25 25 25 20 20
Front-facing garages 10
F.3.a
Packet Pg. 2288 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit B
Buildings other than front-facing garages 10

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

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

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

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

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

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

12. Floor area ratio
a. One-story home 0.25 0.30 0.30 0.40 0.40 0.50
b. Multi-story home 0.50 0.60 0.60 0.70 0.70 0.75
* The term “DUs” means dwelling units.
** The term “K” means thousands.
*** See Section 9.08.030 regarding accessory structures and room additions.

Notes to Residential Site Development Standards Table 9.03.040-6.

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

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

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

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

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

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

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

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

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

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

6. Minimum side yard setback, in ft.

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

Street side yard 20 20 20 20

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

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

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

10. Minimum dwelling size (sq. ft.) See Note 1
F.3.a
Packet Pg. 2289 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit B

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

12. Floor area ratio 0.75 0.75 0.75 1.0
* The term “DUs” means dwelling units.
** Minimum lot size only applies to newly subdivided multifamily lots; existing lots can be developed under the multifamily development standards.

E. Special Single-Family Residential Development Standards.

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

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

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

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

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

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

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

8. In all residential districts, air conditioners, heating, cooling and ventilating equipment and all other mechanical, lighting or electrical devices shall be operated so that noise levels do not exceed sixty (60) dBA (Ldn) at the F.3.a
Packet Pg. 2290 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit B
property line. Additionally, such equipment, including roof-mounted installation, shall be screened from surrounding properties and streets and shall not be located in the required front yard or street side yard. All equipment shall be installed and operated in accordance with other applicable city ordinances.

F. Special Multiple-Family Residential Development Standards.

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

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

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

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

5. In the RS10, R10, R15, R20 and R30 districts, a minimum of thirty-five (35) percent of the net site area, exclusive of private patio and yard areas, shall be landscaped. Turf shall not exceed fifty (50) percent of this area. Required setback areas and outdoor recreation areas may be counted toward this minimum. Landscaping shall consist predominately of plant materials to include water efficient native plants, except for necessary walks and fences.

Landscape areas shall be designed to promote water retention and allow runoff from impervious surfaces. Hardscape areas are recommended to be constructed with pervious surfaces where feasible to reduce run off.

6. Where a multiple-family project abuts property in a single-family district, a decorative masonry wall at least six feet in height and screening landscaping within a planter of at least five-foot interior width shall be erected and maintained between such uses and the single-family district.

Decorative walls composed of block, brick, stone, stucco-treated masonry or concrete panels are acceptable. The community development director may approve alternative materials, provided that the materials are decorative and comparable to masonry walls or concrete panels in durability and ability to attenuate light and sound.

F.3.a
Packet Pg. 2291 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit B

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

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

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

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

G. General Multiple-Family Guidelines.

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

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

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

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

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

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

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

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

Balconies shall be at least five feet deep.

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

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

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

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Packet Pg. 2292 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit B

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

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

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

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

16. Drive aisles should be curved and should incorporate landscaping and paving treatments to reduce vehicle speed. Landscaping treatments may include pinched planters and a mix of canopy and vertical trees. Paving treatments may include interlocking paver bands or etchings across drives.

Speed bumps or Botts’ dots are not an acceptable alternative.

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

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

19. Buffer setbacks and landscaping shall be provided along all property lines.

Buffers may also be appropriate within the complex, separating recreational areas from units and limiting lines of sight between balconies and into parking areas.

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

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

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

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

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

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Packet Pg. 2293 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit B

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

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

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Packet Pg. 2294 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit C

9.03.055 Density bonus program for green building and energy efficiency.

A. Purpose and Intent. The purpose of this section is to provide an incentive for residential housing units that are constructed to green building standards that exceed the requirements of the city’s building code, which is a greenhouse gas reduction measure included in the city’s Energy Efficiency and Climate Action Strategy.

B. Applicability. Developers of multifamily residential housing dwelling units in the R10, R15, R20, R30, MUN, MUC, MUI, H-OC, COMU, DC, and SP204-Village Residential zone on sites of at least one acre minimum.

C. Incentive. Developers may request a density bonus of five percent above the calculated number of units for qualified projects.

D. Energy Efficiency Requirements. A project must meet the applicability requirement in subsection B. For projects that meet the applicability requirement, the developer may request the incentive in subsection C if the project complies with the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) certification criteria for LEED “Certified” level or higher, or an equivalent green building rating system as approved by the community development director. LEED Certified level represents the minimum level of certification under the USGBC Leadership Energy and Environmental Design rating system, and shall be consistent with the USGBC published criteria on the date the project application to the city is deemed complete.

E. Implementation.

1. The total number of dwelling units allowed under a density bonus shall be calculated by multiplying the maximum density allowed under the applicable zoning designation (i.e., the maximum density listed in Table 9.03.040-6 of this title or the applicable specific plan designation), and multiplying the result by 1.05, for a five percent density bonus. If the result, including the density bonus, contains a fraction of a unit, the number of allowable units shall be determined by rounding down to the nearest whole number if the fraction is below one-half. Calculations containing fractions of one-half or above shall be rounded up.

2. This density bonus shall not be cumulative with any other density bonus program included in this section.

3. The development standards for density bonus projects shall be those of the applicable zoning classification.

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Packet Pg. 2295 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit D

9.03.070 Streamlined Ministerial Approval Process (Senate Bill 35) A. Purpose and Intent. This section is adopted pursuant to the provisions of Senate Bill 35 (SB 35), to the extent permissible by law, to establish a streamlined ministerial review and public oversight process for the final review and approval of SB 35 applications pursuant to the requirements in California Government Code Section 65913.4. SB 35 has been designed to help address the state’s continuing housing crisis.

B. Applicability. This section establishes clear eligibility criteria to establish a streamlined ministerial review and public oversight process for the Planning Commission’s final review and approval of SB 35 applications pursuant to the requirements in California Government Code Section 65913.4.

C. Qualifying Requirements.

1. A developer may submit an application for a development that is subject to the streamlined, ministerial approval process provided by SB 35 and not subject to a conditional use permit or any other discretionary local government review or approval.

2. The project must be a multifamily housing development project, as defined in California Government Code Section 65589.5 that contains at least two residential units and complies with the minimum and maximum residential density range permitted for the site per the Land Use and Community Character Element of the MoVal 2040General Plan, plus any applicable density bonus.

3. Affordability Requirement. If more than 10 residential units are proposed, at least 10 percent of the project's total units must be dedicated as affordable to households making below 80 percent of the County of Riverside median income. If the project will contain subsidized units, the applicant has recorded, or is required by law to record, a land use restriction for the following minimum durations, as applicable:
a. 55 years for rental units.
b. 45 years for homeownership units
The development proponent shall commit to record a covenant or restriction dedicating the required minimum percentage of units to below-market housing before issuing the first building permit.

4. The project must be located on a legal parcel or parcels within the incorporated City limits. At least 75 percent of the site's perimeter must adjoin parcels developed with urban uses.

5. The project must be located on a site that is either zoned or has a General Plan designation for residential or residential mixed-use development, including sites where residential uses are permitted as conditional use. If the multiple-family housing development is mixed-use, at least two-thirds of the project's square footage must be designated for residential use.

6. The project must meet all objective zoning and design review standards in effect at the time the application is submitted.

If the project is consistent with the minimum and maximum density range allowed within the General Plan land use designation, it is deemed consistent with housing density standards.

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Packet Pg. 2296 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit D
Any density bonus, concessions, incentives, or waivers of development standards or reduction of parking standards requested under Chapter

9.03.050 (Density bonus program for affordable housing) are deemed consistent with objective standards.

7. Prevailing Wages: If the development is not in its entirety a public work, as defined in Government Code Section 65913.4 (a)(8)(A), all construction workers employed in the execution of the development must be paid at least the general prevailing rate of per diem wages for the type of work and geographic area.

8. Skilled and Trained Workforce provisions: A skilled and trained workforce, as defined in Government Code Section 65913.4 (a)(8)(B)iii, must complete the development if the project consists of 50 or more units.

9. The development did not or does not involve a subdivision of a parcel that is subject to the California Subdivision Map Act unless the development either (i) receives a low-income housing tax credit and is subject to the requirement that prevailing wages be paid, or (ii) is subject to the requirements to pay prevailing wages and to use a skilled and trained workforce.

10. The development must be located on a property that is not within a coastal zone, prime farmland, wetlands, a high fire hazard severity zone, hazardous waste site, a delineated earthquake fault zone, a flood plain, a floodway, a community conservation plan area, a habitat for protected species, or under a conservation easement.

11. The project does not demolish any housing units that tenants have occupied in the last 10 years; are subject to any form of rent or price control, or are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low incomes.

12. The project does not demolish a historic structure that has been placed on a national, state, or local historic register.

D. Application and Processing.

Development projects submitted pursuant to California Government Code Section 65913.4 shall be reviewed in accordance with the procedures set forth in Subsection (b) of Section 65913.4, as such procedures may be amended from time to time and as further outlined in this Chapter.

1. The development proponent shall submit to the local government a notice of its intent to submit an application. The notice of intent (NOI) shall be in the form of an SB 35 Preliminary Application that includes all of the information described in Section 65941.1.

2. Upon receipt of a NOI, the Community Development Director shall engage in a scoping consultation regarding the proposed development with any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development as required by Section 65913.4(b), as may be amended from time to time.

3. After completing the NOI to submit an application for streamlined ministerial approval process (also referred to as SB 35 processing) and Tribal F.3.a
Packet Pg. 2297 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit D
Consultation process pursuant to Government Code Section 65913.4, Subsection (b), an applicant may submit an application for streamlined ministerial approval processing to the City. The applicant must submit a building permit application and an SB 35 streamlined ministerial approval process application demonstrating the proposed project’s eligibility under California Government Code Section 65913.4. Once an application is submitted, the process set forth in Subsections E-H, below, shall be followed.

E. Community Development Director Determinations.

1. The Community Development Director shall review the application submitted hereunder and determine if the project is consistent with or conflicts with any of the objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project.

The Community Development Director’s review of the project shall be completed within 60 days of application submittal for projects of 150 or fewer units and 90 days for projects consisting of more than 150 units.

2. If the City provides written comments as to any conflicts in the objective standards, or requests additional information to make such a determination, then the 60- or 90-day timeline will restart upon submittal of a revised development application in response to such written notice. The City’s written comments shall specify the standard or standards with which the development conflicts and shall provide an explanation for the reason or reasons the development conflicts with that standard or standards within the timeframe specified.

3. If the application can be brought into compliance with minor changes to the proposal, the City, in lieu of making detailed findings, will allow the applicant to correct any deficiencies within the timeframes noted in Subsection E.2 above.

4. If the City fails to provide the required documentation determining consistency within these timeframes, the development shall be deemed to satisfy the City’s objective planning standards and shall be deemed consistent.

5. The Community Development Director’s determination shall be forwarded to the City’s Planning Commission consideration as part of the ministerial design review/public oversight process as provided for in Subsection F below, under California Government Code Section 65913.4(d).

F. Planning Commission Ministerial Design Review/Public Oversight The Planning Commission, at a noticed public meeting, shall undertake ministerial design review and public oversight as provided for in California Government Code Section 65913.4(d). Planning Commission review shall include a review of the Community Development Director’s determination as outlined in Subsection E above. Furthermore, the Planning Commission’s review under this process shall be objective and strictly focused on the project’s compliance with the criteria required for a streamlined project pursuant to the California Government Code Section 65913.4 and consistency with City reasonable objective zoning standards, objective subdivision standards, and objective design review standards applicable F.3.a
Packet Pg. 2298 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit D
to the project, which have been adopted prior to the submittal of the application to the City and apply to other developments within the City.

The Planning Commission’s review and a final determination on whether an application complies with the criteria under California Government Code Section 65913.4 and the reasonable objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project must be completed in 90 days for projects with 150 or fewer units and 180 days for projects with more than 150 units, measured from the date of the application submittal.

The Planning Commission’s ministerial review and public oversight process shall not in any way inhibit, chill, or preclude the ministerial approval of the project if it is in compliance with criteria specified in Government Code Section 65913.4 and consistent with the objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project.

G. Submission of Application and Payment of Fees.

Development projects submitted pursuant to California Government Code Section 65913.4 must include a copy of the City’s City SB 35 Checklist Application as well as required documents for a Plot Plan application. Payment of application fees are due at time of submittal.

H. Public Hearing.

The public hearing on an application hereunder shall be scheduled within the time frames provided for in Subsection F above.

I. Modification.

An applicant can request modification of approval after ministerial review and approval but prior to issuance of a final building permit pursuant to California Government Code Section 65914.3, Subsection (g). If the modification request falls within the parameters in Section 65913.4, Subsection (g), (3) (A) or (B) 1, then such modification shall be subject to review pursuant to Subsections E-H above.

Otherwise, the modification shall be reviewed by the Community Development Director to confirm compliance with California Government Code Section 65913.4.

J. Parking. A qualifying SB 35 project is required to provide one parking space per residential unit. Furthermore, the City shall not impose any parking requirements for qualifying projects if any of the following instances are present:
a. The development is located within one-half mile of the Transit. b. The development is located within an architecturally and historically significant historic district.
c. When on-street parking permits are required but not offered to the development's occupants.
d. When there is a car share vehicle located within one block of the development. A block can be up to 1,000 linear feet of pedestrian travel along a public street from the development.

Mixed-use projects must provide parking for the commercial component of the development as required by Chapter 9.11.040 (Off-street parking requirements).

K. The expiration dates for projects approved under SB 35 are as follows [Govt Code §65913.4(f)(2)]:

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Packet Pg. 2299 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit D

1. No expiration: Projects where 50% of the units are affordable to households making below 80% of the area median income (below moderate-income levels) and the project includes public investment in housing affordability beyond tax credits.

2. After three years: Projects not including affordable housing are noted in the bullet above. Projects shall remain valid for three years and stay in effect as long as construction has begun and not ceased for more than 180 days. A one-year extension to the original three-year period may be granted if progress is made toward construction.

L. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. “Application” means a submission requesting Streamlined Ministerial Approval pursuant to Government Code section 65913.4 and the Guidelines, which contain information pursuant to Section 300(b) describing the development’s compliance with the criteria outlined in Article IV of the Guidelines. “Guidelines” shall mean the Updated Streamlined Ministerial Approval Process issued by the California Department of Housing and Community Development, as updated March 30, 2021, and as may be updated in the future. “Ministerial processing” means a process for development approval involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely ensures that the proposed development meets all the “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” in effect at the time that the application is submitted to the local government but uses no special discretion or judgment in reaching a decision.
“Ministerial approval” means approval of a project that complies with requirements and guidelines as set forth in Government Code Section 65913.4 that is nondiscretionary and cannot require a conditional use permit or other discretionary local government review or approval.
“Objective zoning standard”, “objective subdivision standard”, and “objective design review standard” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the applicant or development proponent and the public official prior to submittal, and includes only such standards as are published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application. “Urban uses” means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. Parcels that are only separated by a street or highway shall be considered adjoined.

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Packet Pg. 2300 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit E

9.03.080 Streamlined Ministerial Approval Process (Senate Bills 330 and 8) A. Purpose and Intent. This section is adopted pursuant to the provisions of Senate Bill 330 (SB 330), Housing Crisis Act of 2019 (HCA), and Senate Bill (SB 8), which is an extension of the HCA. The HCA aims to increase residential unit development, protect existing housing inventory, and expedite permit processing.

B. Applicability. This section establishes clear eligibility criteria to establish a streamlined review and approval of SB 330 applications pursuant to the requirements in California Government Code Sections 65589.5, 65905.5, 65913.10, 65940, 65941.1, 65943, 65950, 66300 , and 66301.

C. Qualifying Requirements.

1. The project must be a housing development project, as defined in California Government Code Section 65589.5(h)(2)(B). Specifically, pursuant to Government Code Section 65589.5(h)(2)(B) a project is a housing development project if:
a. Residential projects, excluding hotels, assisted living or other commercial dwelling units. Single-family, ADUs and/or JADUs are excluded from dwelling unit count;
b. Mixed-use development consisting of residential and nonresidential uses with at least two-thirds of the square footage of the project designated for residential use (not including hotels, assisted living or other commercial dwelling units); or
c. The project is a transitional or supportive housing development project.

2. The HCA does not apply to housing development projects located within a very high fire hazard severity zone.

3. The project must meet all objective zoning and design review standards in effect at the time the application is submitted.

If the project is consistent with the minimum and maximum density range allowed within the General Plan land use designation, it is deemed consistent with housing density standards.

Any density bonus, concessions, incentives, or waivers of development standards or reduction of parking standards requested under Chapter

9.03.050 (Density bonus program for affordable housing) are deemed consistent with objective standards.

4. The City may not approve a housing development project that requires the demolition or removal of a protected unit before January 1, 2030, unless the project will replace any existing, demolished or removed protected units. “Protected Units” are defined as:
a. Affordable units deed-restricted to households earning below 80 percent of area median income (AMI).
b. Occupied by low-income households earning below 80 percent of AMI.
c. Units vacated under the Ellis Act within 10 years prior to development application.

D. Application and Processing.

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Packet Pg. 2301 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit E

1. Project applicants choosing to seek vesting rights through a SB 330 Preliminary Application are encouraged to schedule a preliminary project discussion with Planning Division staff to assess eligibility before submitting a Preliminary Application for the SB 330 review process.

2. The SB 330 Preliminary Application must be filed with the Planning Division prior to filing a project application requesting approval of any discretionary action.

3. In order for a housing development project to receive initial vesting rights, a preliminary application must include all of the information required on the SB 330 Preliminary Application consistent with subdivision (a) of California Government Code Section 65941.1 and upon verification that the preliminary application processing fee is paid.

4. The SB 330 Preliminary Application shall be accompanied by any maps and supporting documents, including a site plan, floor plans, elevations, exterior material details and colors, and any other drawings that are required by this application.

5. A subsequent project application filed with the Planning Division requesting approval of a discretionary action (not including ministerial administrative reviews) must be filed within 180 days of the date that the SB 330 Preliminary Application is deemed complete.

6. If the project application is deemed incomplete or inconsistent after filing, the City shall provide the applicant in writing with a detailed explanation of the reason within 30 days (if 150 units or fewer) or 60 days (if 151 units or more). The applicant must submit all missing or incomplete items to Planning Division within 90 days of being notified in writing by Planning Division staff. If the project is again determined to be incomplete, the project applicant may appeal. The City has 60 days to respond to appeal.

7. Construction of the project must commence within two and one-half years following the date that the project receives final approval, including all necessary approvals to be eligible to apply for, and obtain a building permit or permits and all appeal periods or statutes of limitations have been exhausted or resolved in favor of the housing development project.

8. Any change in the residential unit count is limited to less than 20 percent exclusive of any increase resulting from the receipt of a density bonus, concession, waiver, or similar provision-indicated on the submitted and deemed complete SB 330 Preliminary Application, otherwise the project must be resubmitted.

9. Any change in the Building Area is limited to less than 20 percent exclusive of any increase resulting from receiving a density bonus, concession, waiver, or similar provision indicated on the submitted and deemedcomplete SB 330 Preliminary Application, otherwise the project must be resubmitted.

10. If the project submitted for a building permit differs substantially from the original submission (more than 20 percent in unit count or square footage), the Planning Division will re-certify the project for eligibility and re-review F.3.a
Packet Pg. 2302 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit E
the project’s design, restarting the timeline and requiring resubmittal of the SB 330 Preliminary Application.

E. Public Hearings
SB 330 prevents jurisdictions from conducting more than five public hearings in connection with the approval of a housing development project that meets objective zoning standards. The definition of “hearing” found in California Government Code section 65905.5 includes required Planning Commission, City Council, or other board, committee, or commission hearing or public workshop as well as any appeal hearing.

Meetings held solely pursuant to CEQA law, including CEQA appeals, are not counted toward the number of hearings.

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Packet Pg. 2303 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus)

9.05.040 Industrial site development standards.

A. General Requirements.

1. The following table sets forth minimum property development standards for all land, buildings and structures constructed within the specified industrial districts. All sites shall conform to the dimensions set forth in this section. A development or center may, however, be a combination of many parcels totaling at least the required site size, but its design must be integrated and unified.

2. In addition, projects must comply with the special requirements enumerated in subsection B, the performance standards included in Chapter 9.10 and any other applicable city ordinances, policies and programs.

Table 9.05.040-8
Industrial Site Development
Minimum Standards
Requirement BP/LI1 BPX I
Minimum site area (in acres) 1 1 5
Minimum site width (in feet) 200 200 300
Minimum site depth (in feet) 200 200 300
Minimum front building setback area (in feet) 20 20 20
Minimum interior side building setback area (in feet)* *(see note below)
*(see note
below) —
Minimum street side building setback area (in feet) 20 20 20 Minimum rear building setback area (in feet)* *(see note below)
*(see note
below) —

1. See Special Site Development Standards Section 9.05.040(B)(9) for unique separation requirements for structures greater than 50,000 square feet in building area. * Structures shall be constructed on the property line or a minimum of three feet from the property line.

B. Special Site Development Standards.

1. When any industrial district abuts a property in any residential district, a minimum building setback equal to the building height, but not less than twenty (20) feet shall be required from such residential district. Further, the ten (10) feet of such setback nearest the district boundary line shall be landscaped.

2. Where off-street parking areas in industrial districts are visible from any street, screening in the form of a landscaped earthen berm, shrubs, or decorative wall three feet in height shall be erected between the required landscape area and the parking area.

3. In all industrial districts, required front building setback areas shall be landscaped. The landscaping shall consist predominantly of plant materials except for necessary walks and drives.

4. Except as otherwise permitted, a street side building setback area in any industrial district shall be used only for landscaping, pedestrian walkways, driveways or off-street parking. Where off-street parking in any industrial district is located within building setback areas, a minimum landscaped area ten (10) feet in depth shall be provided between the property line and Exhibit F
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Packet Pg. 2304 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) parking area, with an additional minimum landscaped area ten (10) feet in depth required between the parking area and the building.

5. Except as otherwise permitted, required rear and interior side building setback areas in any industrial district shall be used only for landscaping, pedestrian walkways, driveways, off-street parking or loading, recreational activities or facilities, and similar accessory activities.

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

7. The land uses planned for each development shall be specified on the approved site plans. No use shall be established unless the development where it is located has adequate parking facilities to accommodate such use and any planned uses that share parking facilities with such use.

8. In the BP, LI and I districts, the retail sales of goods produced or warehoused in connection with a manufacturing, assembly or warehouse use may be conducted, provided that no more than fifteen (15) percent of the gross floor area of the space occupied by such use is devoted to retail sales. Any merchandise storage or display areas to which the public has access shall be considered as committed to the percentage of building area used for retail purposes.

9. In the LI district, industrial and warehouse structures greater than fifty thousand (50,000) square feet in building area shall be separated from any residential district as determined by an air quality and noise impact analysis.

The minimum separation distance for such uses shall be two hundred fifty (250) feet between the residential district and the truck court or loading area.

10. The parcelization of a business complex for marketing, financing or other purpose shall not establish separate privileges with respect to the maximum percentage of floor area specified in this section with respect to the BPX district.

11. Industrial buildings larger than 50,000 square feet shall be designed and constructed to meet the equivalent level of LEED Silver.

12. Industrial buildings with more than 30 required Truck Parking stalls shall provide a minimum of 10% of all required truck parking stalls with appropriately sized conduit(s) for future truck charging facilities.

13. Industrial Building Signage
a. All signage required under this Section must be posted in English and Spanish and must be permanent, durable, weather-proof, and legible.
b. Signs and drive aisle pavement markings shall clearly identify the onsite circulation pattern to minimize unnecessary on-site vehicular travel.
c. Signs shall be installed at all truck exit driveways directing truck drivers to the truck route as indicated in the Truck Routing Plan and State Highway System.

14. Roofing.
a. All building roofs shall be solar-ready, which includes designing and constructing buildings in a manner that facilitates the maximum Exhibit F
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Packet Pg. 2305 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) installation of a rooftop solar photovoltaic (PV) system after the building has been constructed.

15. Warehouse electrical rooms shall be sufficiently sized to accommodate the potential need for additional electrical panels, either a secondary electrical room shall be provided in the building, or the primary electrical room shall be sized 25% larger than is required to satisfy the service requirements of the building, or the electrical gear shall be installed with the initial construction with 25% excess demand capacity.

Exhibit F
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Packet Pg. 2306 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit G

9.14.100 Land division dedications, improvements, fees and reservations.

A. Dedications.

1. All streets, highways and alleys, and other parcels of land intended for public use including, but not limited to, access road easements required for flood control and utilities intended for public use, shall be offered for dedication to the public by owners certificate as a part of a final land division map. No utility easement or other rights-of-way shall be granted within proposed street dedication subsequent to the date of filing of a preliminary tentative map. Necessary right-of-way outside of the tract boundary must be processed by separate instruments.

2. Whenever a minor arterial or higher classification is designated on the circulation element of the general plan of the city for Moreno Valley as requiring an ultimate right-of-way of eighty-eight (88) feet or greater and such highway either adjoins or crosses a proposed land division, access rights may be required to be offered for dedication to the city or otherwise restricted. The note “ACCESS RESTRICTED” shall be shown along the highway frontages on the final land division map, as provided herein.

Access rights shall be restricted except for limited access openings as approved by the city engineer. However, the location of access opening(s) to commercially zoned property may be postponed to the development stage as approved by the city engineer.

B. Land Division Improvements.

1. Improvements installed in land divisions shall be constructed in conformance with city standards.

2. In the absence of a standard for an improvement, the city engineer may establish a standard in keeping with good construction and engineering practices.

3. When asphalt-concrete dikes are permitted and drainage is required to cross at intersecting streets, concrete curb returns and cross-gutters shall be installed.

4. Structural roadbed section shall be designed using recognized design methods, employing engineering soils analysis and determination of traffic evaluations.

5. The street pattern in the land development shall not land lock adjacent property or preclude access to public land.

6. When located under the pavement, utility mains and utility services shall be installed before the final street surfacing is installed.

7. When an existing underground utility or pipeline crosses a proposed land division or an access to a land division, the land divider shall adequately protect the utility or pipeline as directed by the utility owner as part of the conditional approval of the land division.

8. Projects which are located in high fire hazard areas shall require special fire mitigation measures. These fire mitigation measures shall be as per city ordinance.

C. Improvements Plans Required.

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Packet Pg. 2307 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit G

1. All improvements constructed or installed in a land division shall be in accordance with detailed plans and specifications as approved in writing by the city engineer prior to commencement of such improvement work.

2. All plans shall be submitted to the city engineer and shall be approved by him before submitting a final land division map to the city council. Upon approval of such plans, they shall become the property of the city.

3. All improvements constructed or installed in land divisions shall be in accordance with plans and specifications as approved by the city engineer.

4. Contractors shall secure an encroachment permit for all work done in connection with land division projects within city right-of-way and Riverside County flood control right-of-way prior to commencing such work.

5. The improvement plans shall show the location of all existing improvements, gas and any other service facilities.

6. Improvements proposed or required on state highway right-of-way shall be located in the improvement plans and designed to Department of Transportation standards. Prior to approval by the city engineer, the land divider’s engineer shall obtain the Department of Transportation’s approval for such improvements.

D. Improvement for Subdivision. The minimum improvements which a land divider shall install, or enter into an agreement to install, for subdivisions shall be as hereinafter set forth in Schedule “A,” “B,” “C,” and “D” for tentative map subdivisions and in Schedule “E,” “F,” “G,” “H” and “I” for parcel map divisions.

1. Exemptions:

The City Engineer may determine an exemption is appropriate if the improvement is infeasible or:
a. If there is insufficient real property to construct full-width improvements and the project developer cannot acquire the requisite real property from the applicable property owner(s) after making a good faith effort, and if the project involves a subdivision, then the City will either obtain said property or this requirement shall be waived by the City Engineer pursuant to the provisions of the Subdivision Map Act.
b. If there is insufficient real property to construct full-width improvement and the project developer cannot acquire the requisite real property from the applicable property owner(s) after making a good faith effort, and if the project does not involve a subdivision, then the City Engineer may waive the full-width improvement requirement.

2. If the full-width improvements are located on a street that are subject to improvement via development impact fees, the developer may receive Development Impact Fee credits for improvements in accordance with Chapters 3.38 (Residential Development Impact Fees) and 3.42 (Commercial and Industrial Development Impact Fees) and any applicable City Policies.

E. Schedule “A” Subdivision. Any division of land into five or more parcels, where any parcel is less than eighteen thousand (18,000) square feet in net area, shall be F.3.a
Packet Pg. 2308 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit G
defined as a Schedule “A” subdivision. The minimum improvements for a Schedule “A” subdivision shall be as follows:

1. Streets. Unless otherwise determined by the City Engineer, subdivision street improvements shall be constructed to full-width. The minimum improvements for streets are established as follows:
a. Divided Major Arterial. One hundred ten (110) feet in width, designed and constructed in conformance with city standards;
b. Modified Divided Major Arterial. One hundred two (102) feet in width, designed and constructed in conformance with city standards; c. Divided Arterial. Eighty-six (86) feet in width, designed and constructed in conformance with city standards;
d. Arterial. Seventy-six (76) feet in width, designed and constructed in conformance with city standards;
e. Minor Arterial. Sixty-four (64) feet in width, designed and constructed in conformance with city standards;
f. Industrial Collector. Fifty-six (56) feet in width, designed and constructed in conformance with city standards;
g. Collector Streets. Forty-four (44) feet in width, designed and constructed in conformance with city standards;
h. General Local Streets. Forty (40) feet in width, designed and constructed in conformance with city standards;
i. Short Local or Circulatory Interior Street. Thirty-six (36) feet in width, designed and constructed in conformance with city standards; j. Restricted Local or Noncirculatory Interior Streets. Thirty-two (32) feet in width, designed and constructed in conformance with city standards;
k. Access Road. Thirty-two (32) feet in width, designed and constructed in conformance with city standards;
l. Frontage roads designed and constructed in conformance with city standards;
m. Cul-de-sac streets shall be designed and constructed in conformance with city standards;
n. Alleys. Twenty (20) feet in width, designed and constructed in conformance with city standards;
o. If exempted from full street improvements: Part-width streets shall be one-half of the required improvements plus an additional twelve (12) feet, but not less than twenty-eight (28) feet, designed and constructed in conformance with city standards;
p. Street Name Signs. Type and placement shall conform with city standards;
q. Barricades shall be placed at the end of dead-end streets in accordance with city standards;
r. Sidewalks shall be required to be constructed unless they are determined by the approving body to be unnecessary considering the design of the development. Sidewalk construction shall be in accordance with city standards.

F.3.a
Packet Pg. 2309 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit G

2. Domestic Water. The minimum requirements for domestic water supply and distribution system are as follows:
a. Water Supply. Water shall be provided to meet the requirements as set forth in the California Administrative Code, Title 22, Chapter 16 (California Waterworks Standards); and
b. Piped water systems.

3. Fire Protection. The minimum requirement for fire protection facilities in residential zones that do not allow multifamily residential uses shall be as follows:
a. Type of fire hydrant and connection as approved by the agency providing fire protection;
b. The water system shall be capable of providing a fire flow of one thousand five hundred (1,500) GPM for two hours duration at a minimum of twenty (20) PSI operating pressure from each fire hydrant;
c. The fire protection system shall be installed and operational prior to any combustible building material being placed on the job site; and d. In zones that allow multifamily residential uses, the minimum fire protection shall be as set forth in applicable city ordinance or ordinances.

4. Sewage Disposal. The minimum requirement for sewage disposal shall be as follows:
a. Sewage disposal shall be provided by connection to an existing collection system capable of accepting waste load, or, if an existing collection system is not available, by the development of individual subsurface sewage disposal systems that meet health department and the regional water quality control board standards and requirements;
b. Improvement plans for sewage collection systems shall be reviewed as required by this chapter; and
c. Dry sewer may be required as set forth in Section 9.14.120 when subsurface sewage disposal is approved.

5. Fences. Minimum fencing requirements shall be as follows: six-foot high chain link galvanized wire fence shall be installed along any canal, drain, expressway or other feature deemed to be hazardous.

6. Electrical and Communication Facilities. Minimum requirement for electrical and communication facilities shall be as follows: electrical and communication facilities shall be installed in conformity with the provision of Section 9.14.130.

F. Schedule “B” Subdivision. Any division of land into five or more parcels, where any parcel is not less than eighteen thousand (18,000) square feet in net area up to two acres in gross area, shall be defined as a Schedule “B” subdivision. The minimum improvements for a Schedule “B” subdivision shall be as follows:

1. Streets. Unless otherwise determined by the City Engineer, subdivision street improvements shall be constructed to full-width. The minimum improvements for streets are established as follows:

F.3.a
Packet Pg. 2310 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit G
a. Divided Major Arterial. One hundred ten (110) feet in width, designed and constructed in conformance with city standards;
b. Modified Divided Major Arterial. One hundred two (102) feet in width, designed and constructed in conformance with city standards; c. Divided Arterial. Eighty-six (86) feet in width, designed and constructed in conformance with city standards;
d. Arterial. Seventy-six (76) feet in width, designed and constructed in conformance with city standards;
e. Minor Arterial. Sixty-four (64) feet in width, designed and constructed in conformance with city standards;
f. Industrial Collector. Fifty-six (56) feet in width, designed and constructed in conformance with city standards;
g. Collector Streets. Forty-four (44) feet in width, designed and constructed in conformance with city standards;
h. General Local Streets. Forty (40) feet in width, designed and constructed in conformance with city standards;
i. Short Local or Circulatory Interior Streets. Thirty-six (36) feet in width, designed and constructed in conformance with city standards; j. Restricted Local or Noncirculatory Interior Streets. Thirty-two (32) feet in width, designed and constructed in conformance with city standards;
k. Access Roads. Thirty-two (32) feet in width, designed and constructed in conformance with city standards;
l. Frontage roads designed and constructed in conformance with city standards;
m. Cul-de-sac streets shall be designed and constructed in conformance with city standards;
n. Alleys. Twenty (20) feet in width, designed and constructed in conformance with city standards;
o. If exempted from full street improvements: Part-width street shall be one-half of the required improvement, plus an additional twelve (12) feet, but not less than twenty-eight (28) feet, designed and constructed in conformance with city standards;
p. Street Name Signs. Type and placement shall conform with city standards;
q. Barricades shall be placed at end of dead-end streets in conformance with city standards.

2. Domestic Water. The minimum requirement for a domestic water supply and distribution system is as follows:
a. Water Supply. Water shall be provided to meet the requirements as set forth in the California Administrative Code, Title 22, Chapter 16 (California Waterworks Standards);
b. Piped water systems.

3. Fire Protection Systems. The minimum requirement for protection facilities in residential zones that do not allow multifamily residential uses shall be as follows:

F.3.a
Packet Pg. 2311 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit G
a. Type of fire hydrant and connection as approved by the agency providing fire protection;
b. Approved fire hydrants shall be located on all city streets, and spaced as approved by Moreno Valley fire services;
c. The water system shall be capable of providing a fire flow of one thousand five hundred (1,500) GPM for two hours at a minimum of twenty (20) PSI operating pressure from each fire hydrant; d. The fire protection system shall be installed and operational prior to any combustible building material being placed on the job site; and e. In zones that allow multifamily residential uses, the minimum fire protection shall be as set forth in applicable city ordinances.

4. Sewage Disposal. The minimum requirements for sewage disposal shall be as follows:
a. Sewage disposal shall be provided by connection to an existing collection system capable of accepting the waste load, or, if an existing collection system is not available, by the development of individual subsurface sewage disposal systems that meet the Riverside County health department and the regional water quality control board standards and requirements;
b. Improvement plans for sewage collection systems shall be reviewed as required by this chapter; and
c. Dry sewer may be required as set forth in this chapter when subsurface sewage disposal is approved.

5. Fences. Minimum fencing requirement shall be as follows: six-foot high chain link galvanized wire fence shall be installed along any canal, drain, expressway or other feature deemed to be hazardous.

6. Electrical and Communication Facilities. Minimum requirement for electrical and communication facilities shall be as follows: electrical and communication facilities shall be installed in conformity with the provisions of Section 9.14.130.

G. Schedule “C” Subdivision. Any division of land into five or more parcels where any parcel is not less than two acres in gross area up to five acres in gross area. The minimum improvement of Schedule “C” subdivision shall be as follows:

1. Streets. Unless otherwise determined by the City Engineer, subdivision street improvements shall be constructed to full-width. All streets shall be thirty-two (32) feet in width, improved with asphalt concrete and paving, designed and constructed in conformance with city standards, unless further improvements are required on boundary streets to achieve compatibility with contiguous existing streets or street improvement requirements set forth on adjacent land division.

2. Domestic Water. The minimum requirement for a domestic water supply and distribution system is as follows:
a. No water system required. If a water system is installed, the requirements shall be as follows:
i. Water Supply. Water shall be provided to meet the
requirements as set forth in the California Administrative F.3.a
Packet Pg. 2312 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit G
Code, Title 22, Chapter 16 (California Waterworks
Standards). Improvement plan review shall be as required by this chapter;
ii. Piped water systems.
b. If no water system is installed, the following statement shall be placed on each map sheet of the environmental constraints sheet, in letters not less than one-fourth inch high:

NO WATER SYSTEM IS PROVIDED FOR THE LAND DIVISION AS
OF THE DATE OF RECORDATION OF THIS MAP.

3. Fire Protection. If a water system is installed, the minimum requirement for fire protection facilities in single-family residential zones shall be as approved by the fire chief as follows:
a. Type of fire hydrant and connection as approved by the agency providing fire protection;
b. Approved fire hydrants shall be located on all city streets and spaced as approved by Moreno Valley fire services;
c. The water system shall be capable of providing a fire flow of one thousand five hundred (1,500) GPM for two hours duration at a minimum of twenty (20) PSI operating pressure from each fire hydrant; and

4. Sewage Disposal. The minimum requirements for sewage disposal shall be as follows:
a. No sewage disposal collection system is required; and b. The land divider will be required to provide the Riverside County health department with a sewage disposal feasibility report in conformance with health department and the regional water quality control board standards.

5. Electrical and Communication Facilities. The minimum requirements for electrical and communication facilities shall be as follows:
a. No electrical and communication facilities are required; and b. If installed, they shall be installed in conformance with the provisions of Section 9.14.130.

H. Schedule “D” Subdivision. Any division of land into five or more parcels, where any parcel is not less than 5 acres in gross area up to twenty (20) acres in gross area, shall be defined as a Schedule “D” subdivision. The minimum improvements of a Schedule “D” subdivision shall be as follows:

1. Streets. Unless otherwise determined by the City Engineer, subdivision street improvements shall be constructed to full-width. a. If the streets are not to be accepted for maintenance by the city, all streets shall be improved with twenty-four (24) feet of suitable aggregate base, four inches thick, on a forty-foot graded roadway section. Vertical grades and horizontal alignments shall be held to an acceptable tolerance as determined by the city engineer; b. If the streets are to be accepted for maintenance by the city, the improvements shall be the same as those required for Schedule “C” subdivisions;
F.3.a
Packet Pg. 2313 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit G
c. Access road shall be a minimum eighteen-foot wide graded roadbed section engineered to a profile and alignment as approved by the city engineer, which provides access to a paved and maintained street or highway.

2. Domestic Water. The minimum requirement for a domestic water supply and distribution system is as follows:
a. No Water System Required. If a water system is installed, the requirements shall be as follows:
i. Water Supply. Water shall be provided to meet the
requirements as set forth in the California Administrative Code, Title 22, Chapter 16 (California Waterworks
Standards). Improvement plan review shall be as required by this chapter;
ii. Piped water systems.
b. If no water system is installed, the following statement shall be placed on each map sheet of the recorded land division map, in letters no less than one-fourth inch high:

NO WATER SYSTEM IS PROVIDED FOR THE LAND DIVISION AS
OF THE DATE OF RECORDATION OF THIS MAP.

3. Fire Protection.
a. If a water system is installed, the minimum requirements for fire protection facilities in single-family residential zones shall be as approved by the fire chief or as follows:
i. The water system shall be capable of providing a fire flow of one thousand five hundred (1,500) GPM for two hours
duration at a minimum of twenty (20) PSI operating pressure from each fire hydrant; and
ii. Approved fire hydrants shall be located on all city streets and spaced as approved by the fire prevention bureau.

4. Sewage Disposal. The minimum requirements for sewage disposal shall be as follows:
a. No sewage disposal collection system is required; or b. The land divider will be required to provide the health department with a sewage disposal feasibility report in conformance with the Riverside County health department and the regional water quality control board standards.

5. Electrical and Communication Facilities. The minimum requirements for electrical and communication facilities shall be as follows:
a. No electrical and communication facilities are required; and b. If installed, they shall be installed in conformance with the provisions of Section 9.14.130.

I. Improvements for Parcel Map Divisions.

1. The minimum improvements which a land divider shall install, or enter into an agreement to install, for parcel map divisions shall be as hereinafter set forth in Schedule “E,” “F,” “G,” “H” and “I”.

F.3.a
Packet Pg. 2314 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit G
J. Schedule “E” Parcel Map Division. Any division of land into two or more parcels in commercial or industrial zones, regardless of parcel size shall be described as a Schedule “E” parcel map division. The minimum improvements for a Schedule “E” parcel map division shall be as follows:

1. Streets. Unless otherwise determined by the City Engineer, subdivision street improvements shall be constructed to full-width. The minimum improvements for streets are established as follows:
a. All through streets shall be sixty-four (64) feet in width, designed and constructed in conformance with city standards;
b. No circulatory streets shall be less than fifty-six (56) feet in width, designed and constructed in conformance with city standards; c. If exempted from full street improvements: No part-width interior street shall be less than thirty-four (34) feet in width; d. Concrete curb and gutter shall be required in all cases; e. Industrial collector streets shall be fifty-six (56) feet in width, designed and constructed in conformance with city standards; f. Sidewalks may be required to be constructed unless they are determined by the approving body to be unnecessary considering the design of the development. Sidewalk construction shall be in accordance with city standards;
g. Access roads, thirty-two (32) feet in width, designed and constructed in conformance with city standards.

2. Domestic Water. The minimum requirements for domestic water supply and distribution system is as follows:
a. Water Supply. Water shall be provided to meet the requirements as set forth in the California Administrative Code, Title 22, Chapter 16 (California Waterworks Standards). Improvement plan review shall be as required by this chapter; and
b. Piped water systems.

3. Fire Protection. The minimum fire protection requirements shall be as provided in applicable city ordinances.

4. Sewage Disposal. The minimum requirement for sewage disposal shall be as follows:
a. Sewage disposal shall be provided by connection to an existing collection system capable of accepting the waste load, or, if an existing collection system is not available, by the development of individual subsurface sewage disposal systems that meet health department and the regional water quality control board standards and requirements;
b. Improvement plans for sewage collection systems shall be reviewed as required in this chapter;
c. Dry sewer may be required as set forth in Section 9.14.120 when subsurface sewage disposal is approved.

5. Fences. Minimum requirement for fencing shall be as follows: six-foot high chain link galvanized wire fence shall be installed along any canal, drain, expressway or other feature deemed to be hazardous.

F.3.a
Packet Pg. 2315 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit G

6. Electrical and Communication Facilities. The minimum requirements for electrical and communication facilities shall be as follows: electrical and communication facilities shall be installed in conformity with the provisions of Section 9.14.130.

K. Schedule “F” Parcel Map Division. Any division of land into four or less parcels, where any parcel is less than eighteen thousand (18,000) square feet in net area, shall be defined as a Schedule “F” parcel map division. The minimum improvements for a Schedule “F” parcel map division shall be as follows:

1. Streets. Unless otherwise determined by the City Engineer, subdivision street improvements shall be constructed to full-width. The minimum improvements for streets are established as follows:
a. Divided Major Arterial. One hundred ten (110) feet in width, designed and constructed in conformance with city standards;
b. Modified Divided Major Arterial. One hundred two (102) feet in width, designed and constructed in conformance with city standards; c. Divided Arterial. Eight-six (86) feet in width, designed and constructed in conformance with city standards;
d. Arterial. Seventy-six (76) feet in width, designed and constructed in conformance with city standards;
e. Minor Arterial. Sixty-four (64) feet in width, designed and constructed in conformance with city standards;
f. Industrial Collector. Fifty-six (56) feet in width, designed and constructed in conformance with city standards;
g. Collector Streets. Forty-four (44) feet in width, designed and constructed in conformance with city standards;
h. General Local Streets. Forty (40) feet in width, designed and constructed in conformance with city standards;
i. Short Local or Circulatory Interior Streets. Thirty-six (36) feet in width, designed and constructed in conformance with city standards; j. Restricted Local or Noncirculatory Interior Streets. Thirty-two (32) feet in width, design and constructed in conformance with city standards;
k. Access Roads. Thirty-two (32) feet in width, designed and constructed in conformance with city standards;
l. Frontage roads designed and constructed in conformance with city standards;
m. Cul-de-sac streets shall be designed and constructed in conformance with city standards;
n. Alleys. Twenty (20) feet in width, designed and constructed in conformance with city standards;
o. If exempted from full street improvements: Part-width streets shall be one-half of the required improvement, plus an additional twelve (12) feet, but not less than twenty-eight (28) feet, designed and constructed in conformance with city standards;
p. Street Name Signs. Type and placement shall conform with city standards;
F.3.a
Packet Pg. 2316 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit G
q. Barricades shall be placed at end of dead-end streets in conformance with city standards.

2. Domestic Water. The minimum requirement for a domestic water supply and distribution system is as follows:
a. Water Supply. Water shall be provided to meet the requirements as set forth in the California Administrative Code, Title 22, Chapter 16 (California Waterworks Standards). Improvement plan review shall be as required by this chapter;
b. Piped water systems.

3. Fire Protection Systems. The minimum requirement for protection facilities in residential zones that do not allow multifamily residential uses shall be as follows:
a. Type of fire hydrant and connection as approved by the agency providing fire protection;
b. Approved fire hydrants shall be located on all city streets and spaced as approved by the fire prevention bureau;
c. The water system shall be capable of providing a fire flow of one thousand five hundred (1,500) GPM for two hours at a minimum of twenty (20) PSI operating pressure from each fire hydrant; d. The fire protection system shall be installed and operational prior to any combustible building material being placed on the job site; and e. In zones that allow multifamily residential uses, the minimum fire protection shall be as set forth in city standards.

4. Sewage Disposal. The minimum requirements for sewage disposal shall be as follows:
a. Sewage disposal shall be provided by connection to an existing collection system capable of accepting the waste load, or, if an existing collection system is not available, by the development of individual subsurface sewage disposal systems that meet the Riverside County health department and the regional water quality control board standards and requirements;
b. Improvement plans for sewage collection systems shall be reviewed as required by this chapter; and
c. Dry sewer may be required as set forth in Section 9.14.120 when subsurface sewage disposal is approved.

5. Fences. Minimum fencing requirement shall be as follows: six-foot high chain link galvanized wire fence shall be installed along any canal, drain, expressway or other feature deemed to be hazardous.

6. Electrical and Communication Facilities. Minimum requirement for electrical and communication facilities shall be as follows: electrical and communication facilities shall be installed in conformity with the provisions of Section 9.14.130.

L. Schedule “G” Parcel Map Division. Any division of land into four or less parcels, where any parcel is not less than eighteen thousand (18,000) square feet in net area up to one acre in gross area, shall be defined as a Schedule “G” parcel map F.3.a
Packet Pg. 2317 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit G
division. The minimum improvements for Schedule “G” parcel map division shall be as follows:

1. Street. Unless otherwise determined by the City Engineer, subdivision street improvements shall be constructed to full-width. The minimum improvements for streets are established as follows:
a. Divided Major Arterial. One hundred ten (110) feet in width, designed and constructed in conformance with city standards;
b. Modified Divided Major Arterial. One hundred two (102) feet in width, designed and constructed in conformance with city standards; c. Divided Arterial. Eighty-six (86) feet in width, designed and constructed in conformance with city standards;
d. Arterial. Seventy-six (76) feet in width, designed and constructed in conformance with city standards;
e. Minor Arterial. Sixty-four (64) feet in width, designed and constructed in conformance with city standards;
f. Industrial Collector. Fifty-six (56) feet in width, designed and constructed in conformance with city standards;
g. Collector Streets. Forty-four (44) feet in width, designed and constructed in conformance with city standards;
h. General Local Streets. Forty (40) feet in width, designed and constructed in conformance with city standards;
i. Short Local or Circulatory Interior Streets. Thirty-six (36) feet in width, designed and constructed in conformance with city standards; j. Restricted Local or Noncirculatory Interior Streets. Thirty-two (32) feet in width, designed and constructed in conformance with city standards;
k. Access Roads. Thirty-two (32) feet in width, designed and constructed in conformance with city standards;
l. Frontage roads designed and constructed in conformance with city standards;
m. Cul-de-sac streets shall be designed and constructed in conformance with city standards;
n. Alleys. Twenty (20) feet in width, designed and constructed in conformance with city standards;
o. If exempted from full street improvements: Part-width streets shall be one-half of the required improvement, plus an additional twelve (12) feet, but not less than twenty-eight (28) feet, designed and constructed in conformance with city standards;
p. Street Name Signs. Type and placement shall conform with city standards;
q. Barricades shall be placed at end of dead-end streets in conformance with city standards.

2. Domestic Water. The minimum requirement for a domestic water supply and distribution system is as follows:
a. No Water System Required. If a water system is installed, the requirements shall be as follows:

F.3.a
Packet Pg. 2318 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit G
i. Water Supply. Water shall be provided to meet the
requirements as set forth in the California Administrative Code, Title 22, Chapter 16 (California Waterworks
Standards). Improvement plan review shall be as required by this chapter; and
ii. Piped water systems.
b. If no water system is installed, the following statement shall be placed on each map sheet of the environmental constraints sheet, in letters no less than one-fourth inch high:

NO WATER SUPPLY IS PROVIDED FOR THE LAND DIVISION AS
OF THE DATE OF RECORDATION OF THIS MAP.

3. Fire Protection. The minimum improvements for fire protection shall be as required by the city fire prevention bureau and applicable city ordinances.

4. Sewage Disposal. The minimum requirements for sewage disposal shall be as follows:
a. No sewage disposal collection system is required; however, the land divider may be required to provide the Riverside County health department with a sewage disposal feasibility report in conformance with health department and regional water quality control board standards.
b. Construct a dry sewer system as approved by the city engineer.

5. Electrical and Communication Facilities. Minimum requirement for electrical and communication facilities shall be as follows:
a. No electrical and communication facilities are required; and b. If installed, they shall be installed in conformity with the provision of Section 9.14.130.

M. Schedule “H” Parcel Map Division. Any division of land into four or less parcels, where all parcels are not less than one acre in gross area, shall be defined as a Schedule “H” parcel map division. The minimum improvements for a Schedule “H” parcel map division shall be as follows:

1. Streets. Unless otherwise determined by the City Engineer, subdivision street improvements shall be constructed to full-width. The minimum improvements for streets shall be as follows:
a. If the streets are not to be accepted for maintenance by the city, all streets shall be improved with twenty-four (24) feet in width of fourinch thick base material (minimum R of 60, minimum sand equivalent of 20) on a thirty-two-foot minimum graded roadway section, unless difficult topography dictates a lesser graded section no less than eighteen (18) feet in width. Vertical grades and horizontal alignment shall be shown on an improvement plan detailing the construction requirement for grading and drainage as approved by the city engineer.
b. If the streets are to be accepted for maintenance by the city, the improvement shall be as follows:
i. All streets except as noted in subsection (M)(1)(b)(ii) of this section shall be not less than thirty-two (32) feet in width, F.3.a
Packet Pg. 2319 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit G
improved with asphalt concrete paving, designed and
constructed in conformance with city standards, unless further improvements are required on boundary streets to achieve compatibility with contiguous existing streets or street improvement requirements set forth on adjacent land
divisions; and
ii. Noncirculatory streets located in an area where the geography will not sustain parcels of lesser size may have the streets section reduced to twenty-eight (28) feet in width. The street shall be improved with asphalt concrete paving,
designed and constructed in conformance with city standards. c. Improvements required on general plan streets, collector or greater, shall be at the same level as exists, or for which improvements have been bonded on a contiguous parcel of land.
d. Access roads shall be a minimum eighteen-foot wide graded roadbed section designed and constructed to a profile and alignment as approved by the city engineer which provides access to a paved and maintained street or highway.

2. Other Improvements. Domestic water, fire protection facilities and electrical and communication facilities shall be as necessary per applicable city ordinances.

3. Sewage Disposal. The minimum requirements for sewage disposal shall be as follows: no sewage disposal collection system is required; however, the land divider may be required to provide the health department with a sewage disposal feasibility report in conformance with health department and regional water quality control board standards.

4. Agricultural Lands. The following agricultural lands shall be exempt from all improvement requirements specified within this section:
a. Lands lying within an established agricultural preserve formed pursuant to the Williamson Act;
b. Lands (parcels) zoned AG and identified in the general plan as agriculture and not less than five acres in size.

5. Exceptions. For the purpose of this section, any parcel map division located in its entirety within a community services district, the following exception shall apply:

Whenever in this title reference is made to any street design, standard, minimum improvements, maintenance, access, or dedication thereof, the adopted street standards of the city shall apply in meeting any street requirements for land division approval, provided the city engineer has previously approved such standards. The land divider shall submit to the city engineer a street construction permit issued by the city approving the proposed street construction.

N. Schedule “I” Parcel Map Division. Any division of land, where all parcels are not less than twenty (20) acres in gross area, shall be defined as a Schedule “I” parcel map division. The land divider may be required to provide soil percolation tests in conformity with city requirements and the regional water quality control board. No F.3.a
Packet Pg. 2320 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit G
improvements are required on a Schedule “I” parcel map division, subject to the condition that an adequate circulation system is retained or replaced. If replaced, unless otherwise determined by the City Engineer, subdivision street improvements shall be constructed to full-width.

O. Drainage Fees.

1. This section is adopted pursuant to Sections 66483 et seq., of the Government Code which provides for the payment of fees for the construction of drainage facilities as a condition to the division of land.

2. Whenever land that is proposed to be divided lies within the boundaries of an area drainage plan, a drainage fee in the amount required by the plan for the area, as adopted or thereafter amended, shall be required as a condition of approval of the division of land in that drainage area.

3. Each area drainage plan as adopted, pursuant to the provision of Government Code Sections 66483 et seq., shall cover a particular drainage area; shall contain an estimate of the total cost of constructing the drainage facilities required by the plan, and include a map of the area that shows the boundaries of the drainage area and the location of the required facilities serving the drainage area. As a part of the adoption of a plan, the city shall find and determine that the subdivision and development of land within the plan area will require construction of the facilities described in the plan. The city shall further find and determine that the drainage fees are fairly apportioned within the local drainage area, on the basis of benefits conferred on property proposed for subdivision or on the land for local drainage facilities created by the proposed subdivision and development of other properties within the adopted drainage area, and may provide for varying fees; provided, however, the fee as to any property proposed for subdivision within a drainage area shall not exceed the pro rata share of the amount of the total actual or estimated cost of all facilities within the drainage area apportioned uniformly on a per acre basis.

4. Drainage fees shall be paid at the time of the filing of the final map or parcel map, or as a condition of the waiver of the filing of a parcel map; provided, however, at the option of the land divider the fee may be paid, in pro rata amounts, at the time of the issuance of grading permits for the approved parcels or at the time of issuance of building permits if no grading permits are issued for the parcels. The amount of the drainage fee required to be paid shall be the amount that is in effect for the particular area drainage plan at the time of actual payment of the fee. If the land divider elects to have payment made at the time of issuance of grading permits for the approved parcels or at the time of issuance of building permits if no grading permits are issued for the parcels, the amount of the drainage fee required to be paid shall be the amount that is in effect for the particular area drainage plan at the time of actual payment of the fee. If the land divider elects to have payment made at the time of issuance of a grading or building permit, the recorded final map or parcel map or certificate of compliance evidencing the waiver of the filing of a parcel map shall specifically state that payment of a drainage fee is required to be paid prior to issuance of a grading permit or F.3.a
Packet Pg. 2321 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit G
building permit for the parcels that have been created by the land divider.

In addition, a separate instrument shall be recorded by the land divider in the office of the county recorder of Riverside County, at the time of the filing of the final map or parcel map, which gives notices that the drainage fee is required to be paid by any person owning such parcels prior to issuance of a grading or building permit, if a grading permit is not required.

5. If the drainage fee is paid at the time of filing of the final map or parcel map or certificate of compliance evidencing the waiver of the parcel map, it shall be paid to the Riverside County flood control district. If the drainage fee is paid at the time of issuance of a grading or building permit, it shall be paid to the Riverside County flood control district. All fees that are collected shall thereafter be deposited into a local drainage facilities fund maintained under the jurisdiction of the Riverside County flood control and water conservation district. A separate fund shall be established by the district for each adopted local drainage area. Money in such funds shall be expended for construction or reimbursement for construction, including acquisition of right-of-way necessary for construction, of the drainage facilities serving the drainage areas for which the fees are collected, or to reimburse the district for the cost of engineering and administrative services to design and construct and acquire any necessary right-of-way for the facilities.

6. Under the direction of the city engineer, considerations such as dedications of right-of-way, actual construction, or design work by a civil engineer may be accepted in lieu of the payment of drainage fees, upon a determination that the alternative is acceptable and is equal to or greater in value than the required fee.

7. Money may be advanced by the Riverside County flood control and water conservation district to design or construct drainage facilities or to acquire necessary right-of-way within an adopted drainage area; therefore, money so advanced may be reimbursed to the district from the fund for the local drainage area in which the facilities are located.

8. When required for the implementation of an adopted area plan, an agreement may be entered into between a developer and the Riverside County flood control and water conservation district whereby the developer may advance money for the construction of facilities, or design or construct facilities within a local drainage area; provided that the sole security to the developer for repayment of money or other consideration advanced shall be for the amount agreed upon in advance only and shall not include interest or other charges. This agreement shall expire fifteen (15) years after the date it was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to developers whose agreements have expired.

9. The drainage plan area, the required facilities and the drainage fee in an adopted plan may be amended by the county board of supervisors at any time upon a determination that it is necessary to do so in order to correctly reflect the drainage area, the required facilities or estimated cost of the facilities.

F.3.a
Packet Pg. 2322 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit G
P. Interchange and Bridge Construction Fees.

1. This section is adopted pursuant to Section 66484 of the Government Code which provides for the payment of fees to defray the actual or estimated costs for the construction of bridges and interchanges as identified in the circulation element of the general plan and as a condition of approval of a final map or as a condition of issuing a building permit.

2. Whenever land that is proposed to be divided or for which a building permit is sought lies within the boundaries of an area of benefit, as hereinafter defined and established, a fee in the amount specified by the resolution establishing the area of benefit as adopted or thereafter amended, shall be required as a condition of approval and recordation of any final subdivision or parcel map or for the issuance of a building permit. No property shall be assessed a fee under this section for both a final map and a building permit.

3. Setting the Matter For Public Hearing. The city council may, by resolution, set a public hearing at any time to determine whether an area of benefit is to be established and to designate the bridge and interchange(s) from fees collected from owners of real property within such area of benefit. The city clerk shall notify all owners of real property within the proposed boundaries of the area of benefit, as shown by the last equalized assessment roll of the county, of the time and place of the hearing at least twenty-one (21) days prior to the date of the hearing, by U.S. mail, postage prepaid, and by publication once in a newspaper of general circulation published in the city.

Such notice shall contain information setting forth the proposed boundaries of the area of benefit, identifying the interchange(s) and/or bridge(s) to be constructed and the estimated cost of each, and setting forth the proposed method for equitably apportioning the fee amount to property owners.

4. Public Hearing and Protest. At the public hearing the city council will consider the preliminary plan prepared by the city engineer that outlines the area to be included within the area of benefit, designates those bridge(s) and/or major interchange(s) to be constructed, the cost estimate with regard to each improvement, and the method of apportioning fees within the area of benefit. The city council will also consider testimony from interested persons, written protest and all relevant evidence submitted. All protests are to be in writing and may be filed with the city clerk at any time period or the close of the public hearing. Each protest may be filed by a person or entity owning property within the proposed boundaries of the proposed area of benefit and describe the property with sufficient specificity that the parcel may be identified. If the person or entity filing the protest is not shown on the latest equalized assessment roll as the owner of the parcel, the protest may contain or be accompanied by documentary evidence establishing ownership. A protest may be withdrawn in writing at any time prior to the conclusion of the public hearing. If written protests are filed with the city clerk from persons or entities owning more than fifty (50) percent of the land area to be included within the proposed area of benefit and, by the conclusion of the public hearing, a sufficient number of such protests have not been withdrawn so as to reduce the land area whose owners are F.3.a
Packet Pg. 2323 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit G
protesting to less than fifty (50) percent, then all proceedings with regard to the area of benefit shall be abandoned and the city council shall not, for one year from the date of the hearing, commence or carry on any proceeding for the same improvement or area of benefit under the provisions of this section. If any majority protest is directed against only a portion of the designated improvement, then all further proceedings under the provisions of this section to construct that portion of the designated improvement so protested against shall be barred for a period of one year, but the city council shall not be barred from commencing new proceedings not including any part of the designated improvements or acquisition so protested against.

The city council may, within a one-year period following a majority protest, commence new proceedings for the construction of the portion of the designated improvements so protested against, if it finds by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the property to be benefitted are in favor of going forward with such portion of the designated improvements.

5. Establishment of Areas of Benefit. The city council, by resolution, within a reasonable time after the close of public hearing, may establish the area of benefit. Such resolution shall set forth the boundaries of the area of benefit, specify the designated improvements to be constructed, the cost, actual or estimated, for each of the designated improvements, and establish the fee schedule by which such cost is to be equitably apportioned among the parcels comprising the area of benefit. The decision of the city council represented by such resolution shall be final. A certified copy of such resolution shall be recorded in the office of the county recorder. The method of fee apportionment, in the case of major thoroughfares, shall not provide for higher fees on land which abuts the designated improvement except where the abutting property is provided direct usable access to the adjoining thoroughfare. The resolution establishing an area of benefit, may be amended from time to time by the city council to reflect modification in either the facilities to be constructed or the area to be included within the area of benefit due to alternation in land use and to reflect adjustments in the fee schedule necessitated by any amendment or increase in construction costs.

Such amendments shall be adopted in the same manner as the original resolution. If the area of benefit includes lands not subject to the payment of fees, the city council shall make provisions for payment of the fees that would otherwise be chargeable to such lands from other sources. The designation of such alternative funding need not be addressed in the resolution establishing the area of benefit.

6. Payment of Fees.
a. Interchange improvement fees for areas of benefit shall be paid as follows:
i. Interchange improvement fees shall be paid to the city engineer prior to the recordation of a final subdivision or parcel map. If the recordation of a final parcel map is waived, road improvement fees shall be paid as a condition of the waiver F.3.a
Packet Pg. 2324 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit G
prior to recordation of a certificate of compliance evidencing the waiver of the final parcel map. The fees paid shall be based on the fee schedule in effect on date of payment; ii. At the option of the land divider, upon filing a required affidavit requesting deferment of the payment of fees, the road
improvement fees shall be paid to the city engineer prior to issuance of a building permit for each approved parcel; however, should a building permit have been obtained or construction initiated by the land divider prior to the recordation of the final subdivision or parcel map or the receipt of a waiver to record a final parcel map, this option is not available to the land divider; and
iii. For any parcel or lot created prior to the adoption of the resolution establishing the area of benefit, road improvement fees shall be paid to the city engineer prior to the issuance of a building permit for any new construction on such parcel or lot that creates additional dwelling units or increases the value of nonresidential structures by more than one-half of their current market value, as determined by the community
development director. All fees collected shall be deposited in a separate account designated for each area of benefit. Any fees once collected shall not be returned, except as
reimbursement for the construction of designated
improvements. Road improvement fees which are deferred to the time of issuance of a building permit shall be based upon the fee schedule in effect at the time of issuance of the permit. b. Nothing in this section is intended to relieve a subdivision or application for a building permit from the requirements imposed under other provision of this title or other city ordinances to dedicate and improve roads as a condition of approval of a tentative map or building permit.
c. Notwithstanding the provisions of subsection (P)(6) of this section, payment of fees shall not be required for the following:
i. An application for a building permit for the alteration or enlargement of any existing building or structure, or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel of land; provided, however, that the total value, as determined by the community development director; of all such alterations, enlargement or construction which is complete within any one-year period shall not exceed one-half of the current market value of the land, as determined by the community development director; or
ii. The following accessory buildings and structures: private garages, children’s playhouses, radio and television receiving
antennas, windmills, silos, tank houses, shops or barns or F.3.a
Packet Pg. 2325 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit G
buildings that are accessory to one-family or two-family dwellings; or
iii. Outdoor advertising structures; or
iv. Wells.
d. Notwithstanding the provision of subsection (P)(6) of this section, payment of fees shall not be required unless the designated interchange(s) are in addition to, or a reconstruction of any existing interchange(s) serving the area of benefit at the time of the adoption of the boundaries for the area of benefit.
e. Notwithstanding the provisions of subsection (P)(6) of this section, payment of fees shall not be required unless the designated bridge is an original bridge serving the area or an addition to any existing bridge facility serving the area of benefit. Fees imposed by this subsection shall not be expended to reimburse the cost of existing bridge facility construction.

7. Use of Funds.
a. Fees shall be deposited in a designated bridge or interchange fund.

A separate fund shall be established for each designated bridge or interchange project, provided, however if the area of benefit is one in which more than one bridge or interchange is required to be constructed, a fund may be established covering all of the bridge or interchange projects in the area of benefit. Moneys in such fund shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefitted and from which the fees comprising the fund were collected, or to reimburse the city for the cost of constructing the improvement. b. The city may advance money from its general fund or road fund to pay the cost of constructing the designated bridge or interchange(s) and may reimburse the general fund or road fund for such advances from the bridge or interchange funds established pursuant to this section.
c. The city may incur an interest bearing indebtedness for the construction of a designated bridge or an interchange planned pursuant to this section; provided, that the sole security for repayment of such indebtedness shall be money in the specific fund established for that designated bridge or interchange.
d. At the discretion of the city council, considerations such as dedication of right-of-way, actual construction or design work by a civil engineer, may be accepted in lieu of the payment of fees, upon a determination that the alternative is acceptable and is equal to or greater in value than the required fee.
e. When required to implement the construction of a specific facility, a project agreement shall be entered into between a developer and the city whereby the developer may advance money for the construction of a facility, or design or construct a facility within the area of benefit; provided, that the sole security to the developer for repayment of F.3.a
Packet Pg. 2326 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit G
money or other consideration advanced over and above his fair share shall be money subsequently accruing to the fund that has been established for the specific facility. Reimbursement shall be for the amount agreed upon in advance only and the right to reimbursement shall expire fifteen (15) years after the agreement was entered into, and any subsequent money paid into the fund shall accrue to the fund without obligation to developers whose agreements have expired.

8. Amendments. The resolution establishing an area of benefit may be amended by the city council as to boundaries of the area of benefit, the designation of facilities to be constructed or the estimated cost thereof, or any other aspect thereof, by following the same procedure required to establish an area of benefit.

Q. Park and Recreation Fees and Dedications.

1. This section is adopted pursuant to Section 66477 of the Government Code which provides for the dedication of land for park and recreational facilities as a condition of approval of a tentative map or parcel map.

2. Whenever land that is proposed to be divided for residential use lies within the boundaries of the city, the dedication of land may be required as a condition of approval of the division of land, as herein provided. The city shall have the option of requiring dedication of land for park purposes as a condition of approval of subdivisions of fifty (50) parcels or more. Such dedication shall be in lieu of park land impact mitigation fees.

3. It is found and determined by the city council that the public interest, convenience, health, welfare and safety requires that five acres of land for each one thousand (1,000) persons residing within the city shall be devoted to neighborhood and community park and recreational facilities, based upon the determination by the city council that the amount of existing neighborhood and community park areas, as calculated pursuant to Government Code Section 66477, exceeds the limit set forth therein, and the calculated amount of five acres per one thousand (1,000) persons residing within a subdivision subject to this section is established. No credit shall be given to a subdivider for provision of private open space, private parks, private recreational areas, landscaped setbacks or landscaped road dividers within or adjacent to the proposed subdivision.

4. Exemptions. This section shall not apply to the following land divisions:
a. Commercial or industrial;
b. Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old and as to which no new dwelling units have been added by the subdivision;
c. Subdivisions containing less than five parcels and not used for residential purposes; provided, however, that a condition of approval shall be placed on those maps that if a building permit is requested for the construction of a residential structure or structures on one or more of the parcels within four years after recordation of the F.3.a
Packet Pg. 2327 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit G
subdivision map, the park land impact mitigation fees shall be required to be paid by the owner of each parcel as a condition to issuance of such permit.

5. Dedication Requirements of Subdividers.
a. Whenever a tentative tract map which is subject to the provisions of this section is submitted to the community development director, it shall be accompanied by a written statement from the applicant stating whether it is intended to dedicate land for park and recreational purposes. If the developer desires to dedicate land for this purpose, he shall first consult with the community development director and parks and recreation director as to the appropriate area to be dedicated, and such area shall be shown on the proposed tentative tract map as submitted. All dedications must be approved and accepted by the city council.
b. The conditions of approval of a tentative tract map subject to the provisions of this section shall require the dedication of land for park and recreational purposes. If land is to be dedicated, the proposed dedication shall be shown on the approved tentative map. c. The amount and location of property to be dedicated shall be recommended by the parks and recreation director and determined by the city council.
d. All dedications of land shall be in accordance with the Subdivision Map Act. Land shall be conveyed in fee simple to the city by grant deed free and clear of all encumbrances, except those which will not interfere with the use of the property for its intended purposes and which the city agrees to accept. All deeds shall be delivered to the city before the approval of the final map. If the final map is disapproved, or if it is withdrawn by the subdivider, the deeds shall be returned to the subdivider. If the final map is approved, the deeds shall be recorded by the city at the time the final map is recorded. No deed for the dedication of land shall be accepted unless it is accompanied by a policy of title insurance, secured by and at the expense of the subdivider, in an amount equal to the value of the land dedicated.
e. Whenever land has been conveyed to the city and a final map is not recorded, or, if recorded, the land is thereafter reverted to acreage, the city shall, at its option, either reconvey all land dedicated to it, allow the developer a credit for any land dedicated to be applied only to a new subdivision on the same property, or make other arrangements with the subdivider.

6. Determination of Land Dedication. When the conditions of approval for a land division require the dedication of land, the conditions shall be based on the following:
a. The natural features of the area; available access; the location, size and shape of the subdivision; the location, size and shape of the land available for dedication; the feasibility of dedication; the location of F.3.a
Packet Pg. 2328 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit G
existing and proposed park sites and trailways; and the compatibility of dedication with the city general plan;
b. Whenever the actual amount of land to be dedicated is less than the amount of land required to be dedicated, the subdivider shall pay park land impact mitigation fees for the value of any additional land that otherwise would have been required to be dedicated; c. The amount and location of the land to be dedicated shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision; d. The amount of land to be dedicated shall be based on the residential density of the subdivision. The residential density shall be determined by multiplying the number of dwelling units of the subdivision by the average number of persons per unit by the ratio which the number of acres of park land required for each one thousand (1,000) persons bears to one thousand (1,000) (i.e., .005).

The average number of persons per unit shall be the most recent such average established by the Department of Finance of the state of California;
e. Whenever land is dedicated pursuant to this section, the subdivider shall, without credit and without cost to the city, provide the following for the benefit of the land dedicated:
i. Full street improvements and utility connections, including, but not limited to, curbs, gutters, relocation or undergrounding of existing public utility facilities, street paving, traffic control devices, street trees and sidewalks to the dedicated land; ii. Block wall fencing along the property lines of the subdivision which are contiguous to the park;
iii. Improve the drainage through the park site;
iv. Provide minimal physical improvements, not including recreational facilities, building or equipment, which the parks and recreation director determines are necessary for
acceptance of the land for park and recreational purposes; v. Provide access from the park and recreational facilities to an existing or proposed public street, unless the parks and recreation director determines that such access is
unnecessary for maintenance of the park area or use of the park by the residents of the area;
vi. Grading and drainage improvements, and irrigation and planting improvements, as required under applicable city ordinances. All land to be dedicated and improvements to be made shall be approved by the city prior to the approval or disapproval of a subdivision by the city;
vii. All grading plans for land to be dedicated shall be reviewed and approved by the parks and recreation director for
conformance with the city parks and recreation plan and the needs of the city;
F.3.a
Packet Pg. 2329 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit G
viii. No grading, drainage, irrigation, planting, street or utility improvements required under this section shall be eligible for a credit against the land to be dedicated; however, park and recreational improvements to a dedicated park land shall be a credit against the required dedication.
f. Land which has been dedicated and accepted may be sold by the city if the subdivider has not begun substantial construction on the subdivision within two years after recordation of the final map and the city determines that another site would be more suitable for park or recreational facilities. The proceeds from the sale of the dedicated land must be used for the purpose or improvement of the more suitable site.

F.3.a
Packet Pg. 2330 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Exhibit H
Article IV. Applications for Hillside Development Permit

9.16.170 Generally.

Hillside development can offer opportunities for spectacular views from building sites around the valley’s perimeter. It is important, however, to ensure that all are protected when designing hillside building sites. The guidelines in this section apply to the hillside areas illustrated in the general plan and official zoning atlas. Applicant’s compliance with this chapter shall be reviewed during the planning application review process for any entitlements subject to this chapter. No separate planning application or fee is required for hillside development projects.

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Packet Pg. 2331 Attachment: Ordinance XXXX [Revision 1] (6454 : 2023 Winter Omnibus) Report to City Council
ID#6453 Page 1
TO: Mayor and City Council
FROM: Brian Mohan, Assistant City Manager
AGENDA DATE: December 5, 2023
TITLE: PUBLIC HEARING FOR THE ANNUAL ACTION PLAN FOR
PROGRAM YEAR 2024-2025 AND TO ADOPT 2024-2025

OBJECTIVES AND POLICIES

RECOMMENDED ACTION
Recommendations: That the City Council:

1. Conduct a Public Hearing to allow for the public to comment on the needs of low- and moderate-income residents in Moreno Valley.

2. Approve the proposed CDBG, HOME, and ESG Grant Objectives and Policies for the 2024-2025 Program Year.

SUMMARY
Every year, the Department of Housing and Urban Development (HUD) allocates federal grant monies to the City of Moreno Valley known as the Community Development Block Grant (CDBG), the HOME Investment Partnerships Program (HOME), and the Emergency Solutions Grants (ESG) Program. These grants are used to provide services to benefit low-and moderate-income persons. (See Attachment 2 for the most recent income levels). Eligible CDBG activities range from social services to capital improvements. HOME funds must be used toward the development of affordable housing programs, and ESG funds are used to assist people with housing stability and homelessness. HUD requires that cities concentrate their programs in areas determined to contain residents of which at least 51% earn low-to moderate-incomes. These areas are referred to as ‘CDBG Target Areas’. (See Attachment 3 for a map of Moreno Valley’s HUD Low-Mod Census Tracts/Blocks.) As a condition for receiving Federal funding under the CDBG, HOME, and ESG F.4
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Programs, grantee cities must prepare an Annual Action Plan consistent with the 2023- 2028 Consolidated Plan as adopted May 16, 2023 (Consolidated Plan). The City will conduct two public hearings and a 30-day comment period to allow for public input in the development of these documents. The City Council is asked to open the PUBLIC HEARING to discuss and adopt Objectives/Policies and Collect Community Needs Comments. The Plan will address housing, homeless, and community development needs to be undertaken with federal funds under the CDBG, HOME, and ESG programs.

DISCUSSION
Consolidated Plan
The Consolidated Plan identifies the housing and community development needs of the City’s low-and moderate-income community, as defined by HUD, and establishes the City’s HUD-funded strategies for addressing these needs for a five-year period. It serves as the official application to HUD for the CDBG, HOME, and ESG Programs.

Moreno Valley’s existing Consolidated Plan was adopted in FY 2023-2024 and is in effect through the end of FY 2027-2028, June 30, 2028. Program Year 2024-2025 is the second year of the current Consolidated Plan.

The goals and priorities for each category in the 2023-2028 Consolidated Plan are listed below:
• CDBG Housing and Community Development Goals & Funding Priorities

1. Public Facilities and Infrastructure Activities

2. Fair Housing Activities

3. Public Service Activities*

4. Homeless/Homelessness Prevention Activities

5. Housing and Neighborhood Improvement Activities

6. Health, Safety and Public Welfare

7. Economic Development Activities

8. Slum or Blight Activities

9. Historic Preservation

10.Planning and Administration
• CDBG Public Service Funding Priorities*

1. Basic Needs Related to Social Services Programs (such as, but not limited to emergency food, shelter (homelessness), abused children advocacy, and utility assistance)

2. Community Public Safety Programs

3. Programs Offering Low-Cost Transportation

4. Employment Services/Programs and Job (Skills) Training

5. Free/Low-Cost Programs for School-Aged Youth

6. Fair Housing Activities
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• HOME Investment Partnerships Program (HOME) Funding Priorities

1. Housing and Neighborhood Improvement Activities
• Emergency Solutions Grants (ESG) Program Funding Priorities

1. Sheltering Homeless/Homeless Prevention Activities
Annual Action Plan
For each fiscal year represented within the 2023-2028 Consolidated Plan, entitlement cities must adopt a separate planning document called the Annual Action Plan. The Annual Action Plan identifies how the City will allocate CDBG, HOME, and ESG funds for the upcoming year while meeting the goals established in the Consolidated Plan.

Each Annual Action Plan must include up-to-date Objectives and Policies for CDBG, HOME, and ESG Programs.

Prior to submittal of the FY 2024-2025 Annual Action Plan, the City will complete a series of sequential activities including three City Council meetings to:

1. Adopt current fiscal year Objectives and Policies,

2. Recommend CDBG, HOME and ESG Project Selections to Council, and

3. Adopt the program year Annual Action Plan.

An eligible use of CDBG monies is ‘Public Services’. Public Services can include but not limited to food banks, homeless shelters, specialized counseling, foster youth services, and a variety of other services that benefit the City’s low-to moderateincome households. HUD limits the monies that can be used toward Public Services to 15% of the overall annual CDBG allocation, which for Moreno Valley averages approximately $1,900,000 per year. Because Public Service monies are limited and the demand is so high, staff has established a priority ranking within this objective category that assists in reaching decisions on which programs are best suited for the community within a given fiscal year.

After comprehensive research, including consideration of public input and review of various program reports, including those provided by the City’s local non-profits currently serving the City’s low-and moderate-income population, staff recommends the following priority ranking under the Public Service Objective:

1. ‘Basic Needs’ Related Social Services Programs such as, but not limited to, emergency food and shelter (homelessness), abused children advocacy, and utility assistance

2. Community Public Safety Programs

3. Programs offering Low-Cost Transportation

4. Employment Services/Programs and Job (Skills) Training

5. Free/Low-Cost programs for School-Aged Youth
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6. Fair Housing Activities
Public Engagement
Citizen participation is one of the most important components of the Annual Action Plan process. To solicit public input during the development of the plans, two public hearings and a 30-day comment period will be administered. Before the City can begin the project selection process for CDBG, HOME, and ESG, HUD requires the City to complete a mandatory ‘Citizen Participation Process’ and adopt objectives and policies that reflect the current needs of the community.

Moreno Valley’s ‘Citizen Participation Process’
The ‘Citizen Participation Process’ is intended to encourage active and informed participation in the CDBG, HOME, and ESG Programs by the community. Each year as part of this process, Moreno Valley holds community-based Public Meetings and Public Hearings to receive input on the current needs of its low-to moderate-income residents. Attendees are asked to comment on issues and problems affecting low-to moderate-income people so that the City can make informed funding decisions.

Comments received at these meetings are taken into consideration when forming the Objectives and Policies for the program year.

Preliminary Dates Event
Tuesday, November 28, 2023
Public Meeting 1: Finance Subcommittee to Review Action Plan Calendar and FY 2024-25 Objectives/Polices
Tuesday, December 5, 2023
Public Hearing 1: Public Hearing to Adopt FY 2024-25 Objectives/Policies & Collect Community Needs Comments
Friday, December 15, 2023
Notice of Funding Availability (NOFA) Available.

APPLICATIONS AVAILABLE FOR DISTRIBUTION.

Thursday, January 4, 2024 Application Workshop
Wednesday, January 31, 2024 Applications Due from Applicants Tuesday, March 26, 2024 Public Meeting 2: Open Technical Review Committee during Finance Subcommittee Meeting
Tuesday, April 16, 2024 Public Hearing 2: Public Hearing to Review Project Recommendations as issued by the Finance Subcommittee
Tuesday, May 7, 2024 Public Hearing 3: Approve Annual Action Plan Tuesday, May 14, 2024 Submittal of 2024-25 Action Plan to HUD Purpose of Objectives and Policies
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In accordance with HUD’s requirements, Moreno Valley’s Objectives and Policies must be re-evaluated each year to ensure they adequately reflect the current needs of the community. The updated Objectives and Policies must then be adopted by the City Council for the upcoming CDBG, HOME, and ESG program year. Objectives and Policies primarily focus on: (1) defining the City’s funding priorities, (2) offering project selection criteria, and (3) providing guidance for staff when reviewing and recommending programs and projects for funding. Both are distributed to non-profit agencies who are interested in applying for funding to develop a local social service program in Moreno Valley and convey important information about the eligible categories of programs and the City’s priorities for local organizations.
30-Day Public Comment Period
In accordance with the City's Citizen Participation Plan (Attachment 4), the City will release the draft 2024-2025 Annual Action Plan for public comment. The documents will be made available to the public for a 30-day review and comment period beginning on March 22, 2024 and ending on May 7, 2024.

ALTERNATIVES
The City Council has the following alternatives:

1. City Council may conduct a Public Hearing, receive comments, and adopt the proposed CDBG, HOME, and ESG Objectives and Policies as listed on Attachment 1.

Staff recommends this alternative as doing so will meet HUD’s requirements, as well as provide the public and staff with direction regarding funding proposals for FY 2024- 2025.

2. City Council may choose not to adopt the proposed CDBG, ESG, and HOME Objectives and Policies as listed on Attachment 1. Staff does not recommend this alternative because it would delay the necessary measures to meet HUD’s established deadline for submission of these documents.

FISCAL IMPACT
The City, as an entitlement city for CDBG, HOME, and ESG funds, receives grant funds every year to carry out eligible housing and community development activities.

Further, staffing costs for administering the CDBG, HOME, and ESG programs are covered by an administration cap within each program. No General Fund money is used for the CDBG, HOME, or ESG programs; therefore, there is NO FISCAL IMPACT TO THE GENERAL FUND.

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Packet Pg. 2336

NOTIFICATION
Notice of this meeting was published in the local edition of the Press-Enterprise and La Prensa newspapers on November 10, 2023.

PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:

Viviana McDaniel Brian Mohan
Grants Division Manager Assistant City Manager

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 24-25 Objectives and Policies DRAFT

2. 2023 Annual Income Limits Summary

3. CDBG HUD Target Areas for Reference

4. FY 24-25 Citizen Participation Plan

APPROVALS
Budget Officer Approval ✓ Approved . 11/27/23 4:23 PM
City Attorney Approval ✓ Approved .

City Manager Approval ✓ Approved . 11/27/23 4:24 PM
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Packet Pg. 2337
City of Moreno Valley Objectives and Policies 1 | P a g e City of Moreno Valley
Community Development Block Grant (CDBG),
HOME Investment Partnerships Program (HOME) &
Emergency Service Grant (ESG)
Objectives and Policies
FY 2024-2025
The City of Moreno Valley (“City”) has established the following Objectives and Policies to give maximum priority to projects and activities that will benefit low-to-moderate income residents. Proposed programs for the upcoming year should fit into one of the categories of Program Objectives.

The Housing and Urban Development (“HUD”) CDBG programs must also fit into one of the listed National Objectives. Staff will abide to the given policies when reviewing proposed programs for potential funding.

CDBG NATIONAL OBJECTIVES
For an activity or program to be eligible for CDBG funding, it must qualify as meeting one or more of the following three national objectives as well as one of the general program objectives below:
1) Activities Benefiting Low- and Moderate-income Persons and/or Households:

A low-to-moderate income person or household is one having an income equal to or less than the Section 8 lower income limits established by HUD. This objective includes direct services to the low-to-moderate income, services benefiting a lowincome area, or ‘limited clientele’, who are designated groups presumed by HUD to automatically qualify as low-to-moderate income.
2) Activities Which Aid in the Prevention or Elimination of Slums or Blight:

This objective can be achieved on a spot basis, area basis, or address blight in a designated urban renewal area.
3) Activities Designed to Meet Community Development Needs Having a Particular Urgency: This objective is given priority under formally declared state of emergencies and is normally used to alleviate urgent conditions caused by major catastrophes, natural disasters, or other emergencies that presents a serious and immediate threat to the health and welfare of the community.

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Packet Pg. 2338 Attachment: FY 24-25 Objectives and Policies DRAFT (6453 : PUBLIC HEARING FOR THE ANNUAL ACTION PLAN FOR PROGRAM YEAR 2024- City of Moreno Valley Objectives and Policies 2 | P a g e

ESG COMPONENTS
ESG funding must qualify as meeting a component that will assist, protect, and improve living conditions for the homeless.
1) Street Outreach: Meet the immediate needs of unsheltered homeless people by connecting them with emergency shelter, housing, and/or critical health services. 2) Emergency Shelter: Increase the quantity and quality of temporary shelters provided to homeless people, through the renovation of existing shelters or conversion of buildings to shelters, paying for the operating costs of shelters, and providing essential services.
3) Rapid Re-Housing: Move homeless people quickly to permanent housing through housing relocation and stabilization services and short- and/or medium-term rental assistance.
4) Homelessness Prevention: Prevent an individual or family from moving into an emergency shelter or living in a public or private place not meant for humans through housing relocation and stabilization services and short- and/or mediumterm rental assistance. 5) Homeless Management Information System (HMIS): Fund ESG recipients’ and subrecipients’ participation in the HMIS collection and analyses of data on individuals and families who are homeless and at-risk of homelessness.

HOME ELIGIBLIE ACTIVITES
HOME funds are to develop and support the supply of affordable rental housing and homeownership affordability through acquisition, new construction, reconstruction, or rehabilitation of non-luxury housing (including manufactured housing). • Acquisition of vacant land or demolition must be undertaken only with respect to a particular housing project intended to provide affordable housing. • Conversion of an existing structure to affordable housing is rehabilitation, unless the conversion entails adding one or more units beyond the existing walls, in which case, the project is new construction for purposes of this part.

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Packet Pg. 2339 Attachment: FY 24-25 Objectives and Policies DRAFT (6453 : PUBLIC HEARING FOR THE ANNUAL ACTION PLAN FOR PROGRAM YEAR 2024- City of Moreno Valley Objectives and Policies 3 | P a g e

GENERAL PROGRAM OBJECTIVES
(listed alphabetically)
Capital Improvement Activities (CDBG)
Acquisition, design, construction, and installation of needed public facilities and improvements located in CDBG income eligible Census Tracts (“Target Areas”) within the City where infrastructure is missing or substandard. Public facilities and improvements may include the Americans with Disabilities Act (ADA) compliant ramps and sidewalk improvements, storm drains, and water and sewer lines.

Improvements shall facilitate pedestrian activity, eliminate flooding, and provide for safer streets within the Target Areas.

Economic Development Activities (CDBG)
Expanded economic opportunities through micro-enterprise loan programs and counseling as well as employment and job skills programs to create and retain jobs for low-and-moderate persons.

Fair Housing Activities (CDBG)
The promotion of housing choice and support of state and federal fair housing laws to ensure that all residents have access to a decent home in a suitable living environment in the City. Fair Housing activities are met by promoting and affirmatively furthering equitable housing opportunities through education, counseling, enforcement, and training.

This objective also includes the prevention of foreclosure through counseling, mediation, and case management for homeowners facing mortgage delinquency, default, or any stage of foreclosure, thereby maintaining safe, stable neighborhoods and community.

Health, Safety, and Public Welfare
Eliminating conditions that are detrimental to health, safety, and public welfare through interim rehabilitation, community policing, abused child advocacy services, etc.

Historic Preservation (CDBG)
Restoring and preserving properties formally designated as historic structures.

Homelessness/Homeless Prevention Activities (ESG)
Improve the quality of life for the city’s homeless and those threatened with homelessness by extending emergency services aimed at assisting, protecting, F.4.a
Packet Pg. 2340 Attachment: FY 24-25 Objectives and Policies DRAFT (6453 : PUBLIC HEARING FOR THE ANNUAL ACTION PLAN FOR PROGRAM YEAR 2024- City of Moreno Valley Objectives and Policies 4 | P a g e and improving the living conditions and ultimately stabilizing the housing situation of those individual(s).

Housing and Neighborhood Improvement Activities (CDBG and HOME) Conserving and improving housing stock through rehabilitation of units occupied by low-and-moderate income households. Activities are designed to: (1) improve existing substandard or deteriorated housing stock that does not meet building, safety, or fire code and (2) achieve the goals identified in the City’s Consolidated Plan.

Public Service Activities (CDBG)
Improving the quantity and quality of public services, principally for low-andmoderate income persons, including the homeless, elderly, and disabled. The following services are identified by order of priority:
(1) ‘Basic Needs’ Related Social Services Programs such as, but not limited to, emergency food and shelter (homelessness), abused children advocacy and utility assistance
(2) Community Public Safety Programs
(3) Programs offering Low-Cost Transportation
(4) Employment Services/Programs and Job (Skills) Training (5) Free/Low-Cost programs for School-Aged Youth
(6) Fair Housing Activities
Slum or Blight Activities (CDBG)
Elimination of slums and blight in order to prevent the deterioration of City neighborhoods, principally in the CDBG Target Areas.

Planning and Administration (CDBG, ESG, HOME)
Overall program management, coordination, monitoring, and evaluation of projects funded by CDBG, ESG, and HOME funds.

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Packet Pg. 2341 Attachment: FY 24-25 Objectives and Policies DRAFT (6453 : PUBLIC HEARING FOR THE ANNUAL ACTION PLAN FOR PROGRAM YEAR 2024- City of Moreno Valley Objectives and Policies 5 | P a g e

POLICIES
In order to meet the objectives and ensure efficient use of CDBG, HOME, and ESG funds, the following policies have been established:

City Projects and Programs
Certain public improvements, such as storm drains, curb, gutter, and sidewalks that provide long-term benefits to improve low-and-moderate income CDBG Target Areas may at the Council’s discretion be given priority. Additional examples of these City sponsored programs include Community Policing and Neighborhood Clean-ups.

Provider Collaboration
Providers (local non-profits) that intend to provide similar services and programs to Moreno Valley’s low-and-moderate residents shall be given funding priority for combining resources and efforts into a single program. Providers should complete and submit a single CDBG, ESG and/or HOME application on behalf of the collaborating group. Funding priority would be given at the time of the application review based on critical factors such as goals and service area/persons benefited that align with those of the City’s, prior accomplishments with similar grant programs for the City, completeness of the application, organizational and technical competency, etc.

Local Services
Providers that are in the City will be given funding priority when they are providing services equivalent to those offered by providers located outside the City.

The goal is to have services available and accessible within the City limits to serve all residents, especially those of low-and-moderate income. Prior to final selection of projects, other factors such as record of accomplishments and experience may also be considered.

Minimum Grant Level
A minimum grant level of $15,000 for CDBG, $25,000 for HOME, and $50,000 for ESG (excluding Homelessness Management Information Systems) has been established for the purpose of ensuring the most efficient use of these funds.

Project and Program Funding
Pre-existing Projects and Programs having other funding sources will be given priority. Grant funding is intended to supplement a project or a program and not be its full and only funding source.

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Packet Pg. 2342 Attachment: FY 24-25 Objectives and Policies DRAFT (6453 : PUBLIC HEARING FOR THE ANNUAL ACTION PLAN FOR PROGRAM YEAR 2024- City of Moreno Valley Objectives and Policies 6 | P a g e Federal funding varies from year to year, as do the needs of the community.

Therefore, it is important for a project or program to sustain itself should City funding not be available. Such an approach will also provide for the maximum leveraging and impact.

Minimal Applicant Requirements
To ensure an applicant is adequately qualified to administer an activity per the federal statutes and regulations, a set of minimal applicant requirements shall be established for inclusion in the grant application. The requirements shall be reasonable and comply with HUD regulations and best practice recommendations.

It is preferred that an applicant have a minimum of three years of successful grant management experience. This may be supported by written documentation, for example, unqualified audit opinion letter.

Multi-Year Agreements
The City shall execute a standard subrecipient agreement and offer the possibility of multi-year agreements when deemed reasonable. Extensions shall be issued only in instances where funding and time restrictions allow.

ESG Match Requirements
Federal regulations require a 100% match for the ESG program. The City shall require the subrecipient to be responsible for the full match. The match may be met with a combination of cash or in-kind services. Additionally, HUD regulations allow for the match to come from other grant sources.

Proof of 100% match is required prior to a notice to proceed and the execution of a contract with the City. Initial documentation of proof of match shall be provided with the application for evaluation. Final verifiable third-party documentation providing proof of award and availability of funds shall be provided before entering into an agreement with the City. If proof of award cannot be provided, then any award of ESG funds will be adjusted as necessary based on the available verified match.

Program Costs
The City must ensure that all costs charged to the grants are allowable, allocable, and reasonable for the proper performance and administration of the award. Direct and indirect project costs should be reasonable relative to the total costs of the project/program. An approved indirect cost rate must be provided to recover indirect costs.

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Packet Pg. 2343 Attachment: FY 24-25 Objectives and Policies DRAFT (6453 : PUBLIC HEARING FOR THE ANNUAL ACTION PLAN FOR PROGRAM YEAR 2024-

CITY OF MORENO VALLEY
2023 ADJUSTED INCOME LIMITS
Revised Annually by the Department of Housing and Urban Development (HUD) Annual Income
Level
Number of Persons in Household
1 2 3 4 5 6 7 8

EXTREMELY

LOW INCOME
(30%)
$19,600 $22,400 $25,200 $30,000 $35,140 $40,280 $45,240 $50,560

VERY LOW
INCOME
(50%) $32,650 $37,300 $41,950 $46,600 $50,350 $54,100 $57,800 $61,550

LOW-MOD
INCOME
(80%)
$52,200 $59,650 $67,100 $74,550 $80,550 $86,550 $92,450 $98,450 Source: https://www.hudexchange.info/resource/5334/cdbg-income-limits/ F.4.b
Packet Pg. 2344 Attachment: 2023 Annual Income Limits Summary (6453 : PUBLIC HEARING FOR THE ANNUAL ACTION PLAN FOR PROGRAM YEAR 2024-

HEACOCK ST

IRONWOOD AVE

MORRISON ST

EUCALYPTUS AVE

ALESSANDRO BLVD

COTTONWOOD AVE

CACTUS AVE
DAY ST

CACTUS AVE

INDIAN ST

JOHN F KENNEDY DR

COTTONWOOD AVE

REDLANDS BLVD

HEMLOCK AVE

MANZANITA AVE

LASSELLE ST

PERRIS BLVD

IRIS AVE

BAY AVE

LASSELLE ST

MORENO BEACH DR

PERRIS BLVD

FIR AVE

SUNNYMEAD BLVD

PERRIS BLVD

DRACAEA AVE

DELPHINIUM AVE

LASSELLE ST
PERRIS
BLVD

OLIVER ST

BAY AVE BAY AVE BAY AVE

IRIS AVE

KITCHING ST

DRACAEA AVE

BAY AVE

JACLYN AVE

GRAHAM ST

KALMIA ST

GENTIAN AVE

HEMLOCK AVE

ELSWORTH ST

PERRIS BLVD

KITCHING ST

COTTONWOOD AVE

DRACAEA AVE

FIR AVE

MORENO BEACH DR

HEACOCK ST

DRACAEA AVE

BRODIAEA AVE

MORRISON ST

EUCALYPTUS AVE INDIAN ST

KITCHING ST

NASON ST

FREDERICK ST

OLIVER ST

ALESSANDRO BLVD

KRAMERIA AVE

SINCLAIR ST

BRODIAEA AVE

INDIAN ST

IRIS AVE

JOHN F KENNEDY DR

GENTIAN AVE

HEACOCK ST

BRODIAEA AVE

JUNIPER AVE

KITCHING ST

TOWN CIR

NANDINA AVE

BOX SPRINGS RD

TOWNGATE BLVD

CACTUS AVE

FIR AVE

FILAREE AVE

ENCELIA AVE
24 9 23
11 7 21
5 3 4
1 26
25 8
12 20
22 18
17 16
15 2
14 13
32 33
19 10
6 27
28 29
30 31
City of
Moreno Valley
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The information shown on this map was compiled from
the Riverside County GIS and the City of Moreno Valley
GIS. The land base and facility information on this map is for display purposes only and should not be relied upon without independent verification as to its accuracy. Riverside County and City of Moreno Valley will not be held responsible for any claims, losses or damages resulting from the use of this map.

Map Produced by Moreno Valley
Geographic Information System
Geographic Information in:

State Plane NAD 83 California Zone 6 Feet
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CDBG_HUD_Tracts111722B.mxd
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HUD Low-Mod Tracts/BlkGrps
HUD Low-Mod Census
Tracts/Blocks
2023
Effective Date: July 1, 2023
Note: Subject to update by HUD
Map ID Tract Block Group
1 42402 1
2 42404 1
3 42405 1
4 42405 2
5 42409 2
6 42505 1
7 42505 2
8 42508 2
9 42509 1
10 42510 2
11 42510 3
12 42511 1
13 42511 2
14 42512 1
15 42512 2
16 42513 1
17 42514 1
18 42514 2
19 42515 1
20 42515 2
21 42516 1
22 42516 2
23 42517 2
24 42518 1
25 42519 1
26 42520 1
27 42521 2
28 42620 1
29 46700 2
30 46700 3
31 46800 1
32 48902 1
33 48902 2
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Packet Pg. 2345 Attachment: CDBG HUD Target Areas for Reference (6453 : PUBLIC HEARING FOR THE ANNUAL ACTION PLAN FOR PROGRAM YEAR 2024- FISCAL YEAR 2024/25

CITIZEN PARTICIPATION PLAN
City of Moreno Valley
Grants Division
14177 Frederick St. PO Box 88005
Moreno Valley, CA 92552-0805
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Packet Pg. 2346 Attachment: FY 24-25 Citizen Participation Plan (6453 : PUBLIC HEARING FOR THE ANNUAL ACTION PLAN FOR PROGRAM YEAR 2024-2025 FISCAL YEAR 2024/25 CITIZEN PARTICIPATION

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM

EMERGENCY SOLUTIONS GRANTS (ESG) PROGRAM
-TABLE OF CONTENTSINTRODUCTION.................................................................................................................1 PUBLIC NOTICES..............................................................................................................3 PUBLIC ACCESS TO INFORMATION................................................................................3 PUBLIC HEARINGS ...........................................................................................................4 STAGES IN THE PROCESS ..............................................................................................5 COMPLAINT PROCEDURES........................................................................................... 10 CHANGES TO THE CITIZEN PARTICIPATION PLAN..................................................... 10 FY 2024/25 ANNUAL ACTION PLAN & CITIZEN PARTICIPATION SCHEDULE............. 11 F.4.d
Packet Pg. 2347 Attachment: FY 24-25 Citizen Participation Plan (6453 : PUBLIC HEARING FOR THE ANNUAL ACTION PLAN FOR PROGRAM YEAR 2024-2025 Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME), Emergency Solutions Grants Program (ESG) – FY 2024/25 Citizen Participation Plan 1 CITY OF MORENO VALLEY
CONSOLIDATED PLAN 2023-2028

CITIZEN PARTICIPATION PLAN

INTRODUCTION
The City of Moreno Valley is required by law to have a detailed Citizen Participation Plan which contains the City’s policies and procedures for public involvement in the Consolidated Plan process and the use of CDBG, HOME, and ESG funds. The Moreno Valley Citizen Participation Plan was developed pursuant to the U.S. Department of Housing and Urban Development (HUD), Consolidated Submission for Community Planning and Development Programs, as required under 24CFR Part 91 and Part 8. The Citizen Participation Plan provides the method and process by which the City of Moreno Valley will encourage citizen participation in the development of its Consolidated Plan. Through this plan, citizens will be afforded the opportunity to provide input regarding housing and community development needs, issues and problems affecting low-and moderate-income persons, the development of strategies, project selections and funding distributions.

CARES Act provisions responding to COVID-19 pandemic
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116- 136, was signed by President Trump on March 27, 2020, and made available $5 billion in U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant Coronavirus (CDBG-CV) funds and $1 billion in Emergency Solutions Grants Program Coronavirus funds (ESG-CV) to prevent, prepare for, and respond to the coronavirus (COVID-19). Of this amount, HUD immediately allocated $2 billion of CDBG- CV funds and $1 billion in ESG-CV funds based on the fiscal year 2020 entitlement formula.

In addition, HUD granted certain waivers regarding public noticing and the public comment period normally required in a recipient agency’s Citizen Participation Plan for Substantial Amendments in order to accelerate the implementation of selected eligible activities for the CDBG-CV and ESG-CV funds and to quickly respond to the growing spread and effects of COVID-19. The City has notified HUD of its selection of two of the waivers as further explained below under D. Amendments to the Annual Action Plan.

Encouraging Public Participation
The law requires that the City’s Citizen Participation Plan both provide for and encourage public participation, emphasizing involvement by low and moderate-income people, especially those living in low-and moderate-income neighborhoods. Also, HUD expects the City to take whatever actions are appropriate to encourage the participation of minorities, people who do not speak English, and people with disabilities.

The City also maintains a distribution list of persons, agencies, and organizations that have F.4.d
Packet Pg. 2348 Attachment: FY 24-25 Citizen Participation Plan (6453 : PUBLIC HEARING FOR THE ANNUAL ACTION PLAN FOR PROGRAM YEAR 2024-2025 Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME), Emergency Solutions Grants Program (ESG) – FY 2024/25 Citizen Participation Plan 2 expressed interest in the City’s CDBG, HOME, and ESG programs. Notifications of events, such as the Community Needs Assessment meetings, are e-mailed directly to those on the distribution list to encourage public participation.

The Role of Low-Income People
The law declares that the primary purpose of the programs covered by this Citizen Participation Plan is to improve communities by providing decent housing, a suitable living environment, and growing economic opportunities – all for principally low and moderateincome people.

The City of Moreno Valley will provide the Riverside County Public Housing Authority with a copy of all Public Notices that are published during the Consolidated Plan process. The City encourages input from residents of public housing developments and via the Public Housing Authority; residents are notified of Community Needs Meetings as well as Public Hearings.

Because the amount of federal CDBG, HOME, and ESG money the City receives each year is mostly based upon the severity of both poverty and substandard housing conditions in the City, it is necessary that public participation genuinely involve low-income residents who experience these conditions. Genuine involvement by low-income people must take place at all stages of the process, including:
• Identifying needs.
• Setting priorities among identified needs.
• Deciding how much money should be allocated to each high-priority need and suggesting the types of programs to meet high-priority needs. • Overseeing the way in which programs are carried out.

The Various Stages of the Consolidated Plan Process
The policies and procedures in this Citizen Participation Plan relate to several stages of action mentioned in law or regulation. In general, these stages or events include:

1. Identification of community and housing needs via a Public Hearing(s)

2. Preparation of a draft use of funds for the upcoming year, called the Proposed Annual Action Plan (Public Hearing required)

3. Formal approval by the City Council of the Final Annual Action Plan (via a Public Hearing)

4. In the case where it is necessary to change the use of money already budgeted in an Action Plan or change priorities, a Substantial Amendment will be proposed (completed via Public Hearing)

5. After the program year is complete, a Consolidated Annual Performance and Evaluation Report (CAPER) is drafted for public review and comment and then submitted to HUD.

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Packet Pg. 2349 Attachment: FY 24-25 Citizen Participation Plan (6453 : PUBLIC HEARING FOR THE ANNUAL ACTION PLAN FOR PROGRAM YEAR 2024-2025 Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME), Emergency Solutions Grants Program (ESG) – FY 2024/25 Citizen Participation Plan 3 The Program Year
The program year for Moreno Valley coincides with the City’s fiscal year running from July 1 st through June 30th
.

PUBLIC NOTICES
Items Covered by the Public Notice Requirement
Advance public notice is provided once a federally required document is available for public review and comment, such as the Annual Action Plan or Consolidated Plan. In addition, advance public notice of all Public Hearings and public meetings is provided at least two weeks in advance of the public hearing.

Public Notice Schedule
Notices give residents a clear understanding of the event being announced. The following is a general timeline of when public notices are published:

October/November Notice of Community Needs Meetings/Public Hearings October/November Notice of Public Hearing to Identify Community Needs December Notice of Funding Availability and Application Process March Notice of Public Hearing to Discuss Proposed Action Plan March Notice of Action Plan Availability for Public Review March Notice of Public Hearing to Adopt Final Action Plan As Needed Notice of Availability of Amendment to Consolidated/Action Plan As Needed Notice of Public Hearing to Amend Consolidated/Action Plan Forms of Public Notice
Public notices are published in the Press-Enterprise and La Prensa Newspaper as display advertisements in the non-legal section of the local edition. A copy of the public notice will be sent to any person or organization requesting to be on the mailing list.

PUBLIC ACCESS TO INFORMATION
As required by law, the City will provide the public with reasonable and timely access to information and records relating to the data or content of the Consolidated Plan, as well as the proposed, actual, and past use of funds covered by the Citizen Participation Plan.

Regarding the past use of funds, the law requires reasonable public access to records about any uses of these funds during the previous five years. Also, the City will provide the public with reasonable and timely access to local meetings relating to the proposed or actual use of funds.

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Packet Pg. 2350 Attachment: FY 24-25 Citizen Participation Plan (6453 : PUBLIC HEARING FOR THE ANNUAL ACTION PLAN FOR PROGRAM YEAR 2024-2025 Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME), Emergency Solutions Grants Program (ESG) – FY 2024/25 Citizen Participation Plan 4 Standard documents that are available for public comments include:
• The proposed and final Annual Action Plan
• The proposed and final Five-Year Consolidated Plan (CONPLAN) • Proposed and final Substantial Amendments to either an Annual Action Plan or the Five-Year Consolidated Plan
• Consolidated Annual Performance and Evaluation Report (CAPER) • Citizen Participation Plan
Availability of Standard Documents
All documents are available for immediate public review at City Hall in the Grants Division.

Copies of standard documents that are not currently posted for public review will be provided to the public within five working days of the request at no cost. Copies of draft documents such as the Annual Action Plan and CAPER may be viewed at the City’s public website and copies may also be requested from staff at the following locations:

Moreno Valley City Hall
14177 Frederick St.

Moreno Valley, CA 92553
Moreno Valley Conference & Recreation Center
14075 Frederick St.

Moreno Valley, CA 92553
Moreno Valley Public Library
25480 Alessandro Blvd.

Moreno Valley, CA 92553
Moreno Valley Senior Center
25075 Fir Ave.

Moreno Valley, CA 92553
Documents may be requested for the entire required review time that is specified in the applicable public notice. All final documents are available for public review at City Hall during normal business hours.

PUBLIC HEARINGS
Public Hearings are required by law to obtain the public’s views and to provide the public with the City’s responses to public questions and proposals. The law requires a minimum of two public meetings at two different stages of the process. The City will conduct two Public Hearings and additional Public Meetings at the following stages of the process: Identifying Needs, Proposed Annual Action Plan (Project Selection), and the Final Annual Action Plan adoption. Public Hearings are also conducted for amendments to the Annual Action Plan as needed.

Access to Public Hearings
Public Hearings will be held only after there has been adequate notice as described in the “Public Notice” part of this Citizen Participation Plan, including a display advertisement in the non-legal section of the newspaper at least two weeks prior to the Public Hearing. Public Hearings are conducted during the regularly scheduled City Council meetings.

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Packet Pg. 2351 Attachment: FY 24-25 Citizen Participation Plan (6453 : PUBLIC HEARING FOR THE ANNUAL ACTION PLAN FOR PROGRAM YEAR 2024-2025 Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME), Emergency Solutions Grants Program (ESG) – FY 2024/25 Citizen Participation Plan 5 Accessibility Options for Public Hearings
All Public Hearings will be held at locations accessible to people with disabilities and provisions will be made for people with disabilities when requests are made within at least five working days prior to a hearing. Translators will be provided for people who do not speak English when requests are made at least five working days prior to a hearing.

Conduct of Public Hearings
To ensure that Public Hearings are meaningful to residents, each Public Hearing will be conducted in the presence of the City Council. Each resident choosing to speak will be allowed a maximum of three minutes to make a verbal presentation.

The following is a general timeline of when public hearings are conducted during the process:

December Public Hearing to Identify Community Needs
April Public Meeting to Discuss Proposed Annual Action Plan May Public Hearing to Adopt Final Annual Action Plan
As Needed Public Hearing to Amend Consolidated/Action Plan

STAGES IN THE PROCESS
A. IDENTIFYING NEEDS
The Consolidated Plan exists to prioritize housing and community development needs of low- and moderate-income people. With diverse needs, this process deems the importance of necessity and resources.

A Public Hearing is required to obtain resident’s opinions about needs and the priority of those needs. In order to encourage public involvement, a Public Hearing is conducted to allow residents to express comments regarding the needs of the City’s low- and moderateincome populations.

B. THE PROPOSED ANNUAL ACTION PLAN (AND/OR FIVE-YEAR CONPLAN) The law providing the funds covered by the Citizen Participation Plan calls for improved accountability of jurisdictions to the public. In compliance with the terms of the law, the City will use the following procedures:

At the beginning of this stage, the City will provide the public with an estimate of the amount of CDBG, HOME, and ESG funds it expects to receive in the upcoming year, along with a description of the range of types of activities that can be funded with these resources. Also, the public will be given an estimate of the amount of these funds that will be used in ways F.4.d
Packet Pg. 2352 Attachment: FY 24-25 Citizen Participation Plan (6453 : PUBLIC HEARING FOR THE ANNUAL ACTION PLAN FOR PROGRAM YEAR 2024-2025 Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME), Emergency Solutions Grants Program (ESG) – FY 2024/25 Citizen Participation Plan 6 that will benefit low and moderate-income individuals.

Displacement and Relocation
The City does not have any plans to displace or relocate any residents from their homes using CDBG, HOME, or ESG funds. If a project necessitated displacement or relocation, it would be done in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), which requires preparation of an “anti-displacement plan.” The anti-displacement plan would describe how the City would compensate people who are displaced as a result of the use of the funds, specifying the type and amount of compensation.

Technical Assistance
City Staff will work with organizations and individual’s representative of low- and moderateincome people who are interested in submitting a proposal to obtain funding for an activity.

All potential applicants for funding are encouraged to contact City staff for technical assistance before completing a proposal form.

Availability of a Proposed Annual Action Plan
Within 3 weeks after the Public Hearing about the Proposed Annual Action Plan, the City will make the Proposed Annual Action Plan available to the public. In addition, copies will be available at the locations specified above in the section, “Public Access to Information.” The term “notice” described earlier in the section on “Public Notice” will be used.

Also, the date the Proposed Annual Action Plan is available to the public will be at least 30 days prior to the date a Final Annual Action Plan is approved by the City Council so that lowand moderate-income people will have a reasonable opportunity to examine it and to submit comments.

Public Hearing and Further Action
The City will conduct a series of three (3) public hearings during the development of the Annual Action plan.

Public Hearing Number One (No. 1) to discuss and adopt Objectives and Policies and Collect Community Needs Comments from the public to inform the development of the Annual Action Plan.

Public Hearing Number Two (No. 2) will be conducted to allow the public an opportunity to comment on the proposed project selections to be included in the Annual Action Plan.

Public Hearing Number Three (No. 3) will be conducted by City Council at the conclusion of the 30-day public review/comment period to consider the adoption of the Annual Action Plan.

F.4.d
Packet Pg. 2353 Attachment: FY 24-25 Citizen Participation Plan (6453 : PUBLIC HEARING FOR THE ANNUAL ACTION PLAN FOR PROGRAM YEAR 2024-2025 Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME), Emergency Solutions Grants Program (ESG) – FY 2024/25 Citizen Participation Plan 7 The proposed Annual Action Plan will be made available for public review and comment(s) 30 days prior to the Public Hearing. After the public review and comment period In preparing a Final Annual Action Plan, careful consideration will be given to all comments and views expressed by the public, whether given as verbal testimony at the Public Hearing or submitted in writing during the review and comment period. The Final Annual Action Plan will have a section that presents all comments and explains why any comments were not accepted.

C. THE FINAL ANNUAL ACTION PLAN (AND/OR FIVE-YEAR CONPLAN) Copies of the Final Annual Action Plan will be made available to the public at City Hall for review. Copies can be obtained free of charge and within five (5) business days of the request.

D. AMENDMENTS TO THE ANNUAL ACTION PLAN (AND/OR FIVE-YEAR

CONPLAN)
The Final Annual Action Plan will be amended any time there is:
• A change in one of the Priorities presented on the HUD-required Priority Table • A change in the use of money to an activity not mentioned in the Final Annual Action Plan
• A change in the purpose, location, or scope of beneficiaries of an activity.

The public will be notified whenever there is an amendment.

Substantial Amendments
The following will be considered “substantial” amendments:

1. The elimination of an activity originally described in the Annual Action Plan.

2. The addition of an activity not originally described in the Annual Action Plan.

3. A change in the purpose of an activity, such as a change in the type of activity or its ultimate objective – for example, a change in a construction project from housing to commercial.

4. A meaningful change in the location of an activity affecting beneficiary access to services (i.e., services no longer provided within LMA census tract).

5. A change in the type or characteristics of people benefiting from the activity.

Among the “characteristics” are:
a. The HUD-recognized income levels of 0-30 percent of Area Median Income (AMI); between 31 and 50 percent AMI; and between 51 to 80 percent AMI b. Renter or homeowner
c. Single households, small households (two to four persons), large households (five or more persons)

6. A 20% decrease in the number of low and moderate-income people benefiting from an activity.

F.4.d
Packet Pg. 2354 Attachment: FY 24-25 Citizen Participation Plan (6453 : PUBLIC HEARING FOR THE ANNUAL ACTION PLAN FOR PROGRAM YEAR 2024-2025 Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME), Emergency Solutions Grants Program (ESG) – FY 2024/25 Citizen Participation Plan 8 7. A change in the scope of an activity, such that there is a 20% increase or decrease in the amount of money allocated to the activity.

Public Notice and Public Hearing for Substantial Amendments There must be reasonable notice of a proposed Substantial Amendment so that residents will have an opportunity to review it and comment on it. Notice will be made according to the procedures described earlier in this Citizen Participation Plan, with the addition of the following procedures specifically for Substantial Amendments:

1. There will be advanced notice of the availability of a proposed Substantial Amendment 30 days before there is a Public Hearing.

2. A detailed written description of the proposed Substantial Amendment will be made available to the public. Also, copies will be available at the locations indicated earlier in this Citizen Participation Plan under “Public Access to Information.”

3. There will be a Public Hearing regarding the proposed Substantial Amendment conducted by the City Council. This Public Hearing will not take place until the public has had 30 days to review the proposed Substantial Amendment.

4. In preparing the Final Substantial Amendment, careful consideration will be given to all comments and views expressed by the public, whether given as verbal testimony at the Public Hearing or submitted in writing during the review and comment period.

The Final Substantial Amendment will have a section that presents all comments and explains why any comments were not accepted.

Public Notice and Public Hearing for Substantial Amendment-CARES Act The City has notified the Los Angeles HUD office of its election of eligible CARES Act waivers to Citizen Participation public noticing and comment period to accelerate the implementation of selected eligible activities for the CDBG-CV and ESG-CV funds and to quickly respond to the growing spread and effects of COVID-19.

Notice of Public Hearing and public comment period for any FY 2019/20 Substantial Amendment for the CARES Act funds (CARES Act Amendment) will be at least five days in advance as allowed by HUD waivers. The notices will give residents a clear understanding of the event being announced.

There must be reasonable notice of a proposed CARES Act Amendment so that residents will have an opportunity to review it and comment on it. Notice will be made according to the procedures described earlier in this Citizen Participation Plan for CARES Act, with the addition of the following procedures specifically for CARES Act Amendment:

1. There will be advanced notice of the availability of a proposed Substantial Amendment at least 5 days before there is a Public Hearing.

2. A detailed written description of the proposed CARES Act Amendment will be made available to the public. Also, copies will be available at the locations indicated earlier F.4.d
Packet Pg. 2355 Attachment: FY 24-25 Citizen Participation Plan (6453 : PUBLIC HEARING FOR THE ANNUAL ACTION PLAN FOR PROGRAM YEAR 2024-2025 Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME), Emergency Solutions Grants Program (ESG) – FY 2024/25 Citizen Participation Plan 9 in this Citizen Participation Plan under “Public Access to Information.”

3. There will be a Public Hearing regarding the proposed CARES Act Amendment conducted by the City Council. This Public Hearing will not take place until the public has had at least 5 days to review the proposed CARES Act Amendment.

4. If social distancing orders relating to the COVID-19 outbreak are still being enforced, the City will provide video/audio access to the public through video conferencing medium such as Zoom.

5. In preparing the Final Substantial Amendment, careful consideration will be given to all comments and views expressed by the public, whether given as verbal testimony at the Public Hearing or submitted in writing during the review and comment period.

The final CARES Act Amendment will have a section that presents all comments and explains why any comments were not accepted.

E. CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER)
Every program year the City must submit to the Department of Housing and Urban Development (HUD) a Consolidated Annual Performance and Evaluation Report (CAPER) within 90 days of the close of the program year. In general, the CAPER must describe how funds were used during the program year and the extent to which these funds were used for activities that benefited low and moderate-income people.

Public Notice for the Consolidated Annual Performance and Evaluation Report (CAPER) There must be reasonable notice that the Consolidated Annual Performance and Evaluation Report (CAPER) is available so that residents will have an opportunity to review it and comment on it. Notice will be made according to the procedures described earlier in this Citizen Participation Plan, with the addition of the following procedures specifically for the CAPER:

1. The City will publish a notice of CAPER availability in advance of the public review period.

2. A complete copy of the CAPER will be made available to the public at the locations indicated earlier in the Citizen Participation Plan under “Public Access to Information.”

3. The public will have a minimum of 15 days to review and provide comments on the CAPER.

4. In preparing the CAPER for submission to HUD, careful consideration will be given to all comments expressed by the public. The CAPER sent to HUD will have a section that presents all comments and explains why any comments were not accepted.

Contents of the CAPER
The CAPER provides details on the actions taken by the City and the accomplishments for the previous program year. Accomplishments include the number of low and moderateincome persons served and the ethnicity of those individuals. Also provided are F.4.d
Packet Pg. 2356 Attachment: FY 24-25 Citizen Participation Plan (6453 : PUBLIC HEARING FOR THE ANNUAL ACTION PLAN FOR PROGRAM YEAR 2024-2025 Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME), Emergency Solutions Grants Program (ESG) – FY 2024/25 Citizen Participation Plan 10 expenditures taken during the year and funds spent undertaking each activity.

COMPLAINT PROCEDURES
Comments, suggestions, or complaints may be addressed to the City Manager’s Office as follows:

City of Moreno Valley
City Manager’s Office
Attn: Grants Division
14177 Frederick Street
P.O. Box 88005
Moreno Valley, CA 92552-0805
(951) 413-3450
All written complaints from the public will receive a meaningful written response within 15 working days after receipt.

CHANGES TO THE CITIZEN PARTICIPATION PLAN
The Citizen Participation Plan can be changed only after the public has been notified of the intent to modify it, and only after the public has had a reasonable chance to review and comment on proposed substantial changes to it.

F.4.d
Packet Pg. 2357 Attachment: FY 24-25 Citizen Participation Plan (6453 : PUBLIC HEARING FOR THE ANNUAL ACTION PLAN FOR PROGRAM YEAR 2024-2025 Community Development Block Grant (CDBG), Home Investment Partnerships Program (HOME), Emergency Solutions Grants Program (ESG) – FY 2024/25 Citizen Participation Plan 11 FY 2024/25 Annual Action Plan & Citizen Participation Schedule Date Event
Tuesday, November 28, 2023
Public Meeting 1: Public Meeting to Review Action Plan Calendar Schedule and Objectives/Policies
Tuesday, December 5, 2023
Public Hearing 1: Public Hearing to Adopt Objectives/Policies & Collect Community Needs Comments
Friday, December 15, 2023
Notice of Funding Availability (NOFA) Available.

APPLICATIONS AVAILABLE FOR DISTRIBUTION.

Thursday, January 4, 2024 Application Workshop
Wednesday, January 31, 2024 Applications Due from Applicants Tuesday, March 26, 2024
Public Meeting 2: Open Technical Review Committee during Finance Subcommittee Meeting
Friday, March 22, 2024 Commencement of 30 - Day Action Plan Public Comment/Review Period Tuesday, April 16, 2024
Public Hearing 2 for Action Plan: Public Hearing to Review Project Recommendations as issued by the Finance Subcommittee
Tuesday, May 7, 2024 Close of 30 – Day Action Plan Public Comment/Review Period Tuesday, May 7, 2024 Public Hearing 3 for Action Plan: Approve Annual Action Plan Tuesday, May 14, 2024 Submittal of 2023/24 Action Plan to HUD F.4.d
Packet Pg. 2358 Attachment: FY 24-25 Citizen Participation Plan (6453 : PUBLIC HEARING FOR THE ANNUAL ACTION PLAN FOR PROGRAM YEAR 2024-2025 Report to City Council
ID#6459 Page 1
TO: Mayor and City Council
FROM: Jane Halstead, CMC, City Clerk
AGENDA DATE: December 5, 2023
TITLE: CITY COUNCIL REORGANIZATION - SELECTION OF

MAYOR PRO TEM

RECOMMENDED ACTION
Recommendation:

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

SUMMARY
The City Council shall meet annually in December to choose one of its members as Mayor Pro Tem. The new Mayor Pro Tem shall be installed, sworn, and shall assume the office at the Council meeting.

DISCUSSION
Section 4.1.3 of the Rules of Procedure provides that nominations for the office Mayor Pro Tem may be made by any member of the City Council and need not be seconded in order to be effective. Appointment shall be made by three or more affirmative votes on a motion to appoint. In the event that no person receives three or more votes in the selection process, the selection process shall be repeated immediately; provided, however, that the two persons receiving the highest number of votes in the preceding selection process shall be the only nominees. If, upon repeating the selection process of Mayor Pro Tem, no person has yet received three affirmative votes for such office, the City Council may either repeat the selection process until the officer has been duly selected or may continue the selection to the next regular meeting of the City Council.

The new Mayor Pro Tem, shall serve until the next meeting scheduled for selection of the Mayor Pro Tem in December 2024.

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ALTERNATIVES

1. Conduct the reorganization of the City Council by selecting a Mayor Pro Tem.

2. Continue the selection to the next regular meeting of the City Council if upon repeating the selection process, no person receives three affirmative votes for Mayor Pro Tem.

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

NOTIFICATION
Publication of the agenda.

PREPARATION OF STAFF REPORT
Prepared By:

Jane Halstead
Manager of the Office of Mayor and City Council/City Clerk

CITY COUNCIL GOALS
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.

None

APPROVALS
Budget Officer Approval ✓ Approved . 11/27/23 4:13 PM
City Attorney Approval ✓ Approved .

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