Report to City Council
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TO: Mayor and City Council
FROM: Sean Kelleher, Assistant City Manager
Steve Quintanilla, City Attorney
AGENDA DATE: June 4, 2024
TITLE: PEN24-0033 - ORDINANCE REVISING TITLE 3 AND
TITLE 9 (PLANNING & ZONING) OF THE MORENO
VALLEY MUNICIPAL CODE
TITLE SUMMARY: PEN24-0033 - ORDINANCE REVISING TITLE 3 AND TITLE 9 (PLANNING & ZONING) OF THE MORENO VALLEY
MUNICIPAL CODE
Recommendation(s)
That the City Council:
1. Find that the proposed amendments to the Moreno Valley Municipal Code are exempt from the California Environmental Quality Act in accordance with Section 15061(b)(3) of the CEQA Guidelines; and
2. Introduce Ordinance No. [next in order] at the conclusion of the Public Hearing and adopt the same at a subsequent City Council meeting revising Title 3 (Revenue and Finance), specifically Chapter 3.40 (Dedicatio n of Land for Park Facilities and Payment of In Lieu Fees); and
3. Introduce Ordinance No. [next in order] at the conclusion of the Public Hearing and adopt the same at a subsequent City Council meeting revising Title 9 (Planning & Zoning) of the Moreno Valley Municipal Code to conform with the current State law and clarifying existing requirements and standards, including revisions to Chapter 9.02 (Permits and Approvals), Chapter 9.03 (Residential Districts), Chapter 9.09 (Specific Use Development Standards), Chapter 9.11 (Parking, Pedestrian and Loading Requirements), Chapter 9.14 (Land Divisions) and Chapter 9.15 (Definitions) of the Moreno Valley Municipal Code as presented to and recommended by the Planning Commission.
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BACKGROUND
On November 9, 2023, the Planning Commission unanimously recommended that the City Council introduce and adopt the proposed Ordinance amending various sections of Title 9 based on the finding that the proposed amendments are exempt from the California Environmental Quality Act. However, since the pr oposed amendment to Title 3 is not within the purview of the Planning Commission, it was not presented to the Planning Commission for its consideration, but staff recommends that the City Council also introduce and adopt the proposed Ordinance amending Title 3, based too on the finding that the proposed amendment to Title 3 are exempt from the California Environmental Quality Act.
DISCUSSION
The discussion of the sections below generally corresponds to the order o f the text amendments set forth in the attached Ordinances.
Title 3 Amendment
Section 3.40.110 (Adoption of fee revisions)
This proposed amendment will remove the requirements for an annual review in order to be consistent with the Development Impact Fee review period.
Title 9 Amendments
Section 9.02.020 (Permitted Uses) and Chapters 9.09 (Specific Use Development Standards) and 9.15 (Definitions)
This proposed amendment will add “Motion Picture/Film Studios” to Table 9.02.020 -1 within the Permitted Uses Section as a conditionally permitted use (CUP) in industrial and business park zones and add a definition and certain use standards for Motion Picture/Film Studios.
Section 9.02.040 (General plan amendments); Section 9.02.050 (Amendments to zoning districts or other provisions of Title 9); and Chapter 9.13 (Specific Plans) These proposed amendments will require that the approval of general plan amendments, zone changes, specific plans and specific plan amendments must be based on findings and determinations that the approval of such legislative items will provide public benefits to the general community beyond those that may be unilaterally imposed by the City through the traditional exaction process . This is intended to enhance public safety services, promo te public health, increase recreational opportunities, improve general community services for children and/or seniors or otherwise improve the quality of life of the residents of the City.
Section 9.03.040 (Residential Site Development Standards)
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This proposed amendment to Section 9.03.040 revises height requirements for developments on larger sites within the R-30 district.
Section 9.03.050 (Density Bonus Program for Affordable Housing) Pursuant to Assembly Bill (AB) 1287 and Senate Bill (SB) 1287, the proposed amendment to Section 9.03.050 will implement the provisions of recently adopted legislation by providing new definitions and increasing the number of incentives or concessions for projects where 100% of all units meet specified income standards.
Section 9.09.130 (Accessory Dwelling Units (ADUs))
Pursuant to Assembly Bills (AB) 976 and 1033 and Senate Bill (SB) 477, t his proposed amendment clarifies various updates to recent state law associated with ADUs.
Section 9.11.040 (Off-Street Parking Requirements)
Pursuant to AB 1308, t his proposed amendment will add a note to the residential use parking table to ensure established parking requirements for single family homes cannot be increased for remodeling or additions for homes that comply with all other development standards.
Additionally, the proposed amendment will add parking requirements for “Studio, Motion Picture / Film”.
Section 9.14.250 (Streamlined Ministerial Process for Parcel Maps, SB 684) Pursuant to SB 684, t his proposed amendment wil l amend Chapter 9.14 (Residential Districts) to add a new streamline ministerial process for qualifying parcel maps and tentative maps on small urban lots (less than 5 acres) in multi-family zones that will result in 10 or fewer new lots.
CEQA ANALYSIS
The proposed 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.
FISCAL IMPACT
There are no fiscal impacts anticipated from the approval and adoption of the proposed Ordinances. However, it is anticipated that the proposed modifica tions 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,
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public notice was published in the Press Enterprise Newspaper and this Staff Report and proposed Ordinances were published on the City’s website at least 72 hours in advance of today’s City Council meeting, for public review and inspection.
ALTERNATIVES
1. Staff’s Preferred Alternative – Introduce the Ordinance as presented to and recommended by the Planning Commission, and adopt the Ordinance at a subsequent City Council meeting.
2. Staff Non-Preferred Alternative - Do not introduce and adopt the Ordinance.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Robert Flores. Sean Kelleher
Planning Official Assistant City Manager (Development Services
Concurred By:
Steve Quintanilla
City Attorney
CITY COUNCIL GOALS
None
CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
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Report Approval Details
Document Title: STAFFREPORT_CC_PEN24-0033.docx
Attachments: - ORDINANCE_TITLE3_PEN24-0033.pdf
- ORDINANCE_TITLE9_PEN24-0033.pdf
Final Approval Date: May 28, 2024
This report and all of its attachments were approved and signed as outlined below:
Sean Kelleher
Natalia Lopez
Launa Jimenez
Brian Mohan
Mike Lee
No Signature - Task assigned to Jane Halstead was completed by assistant Patty Rodriguez
Jane Halstead