1 Ordinance No. 2024-xx
Date Adopted: _______ __, 202 4
ORDINANCE NO. 2024-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, REPEALING ORDINANCE NO. 981
REGARDING 2040 MOVAL GENERAL PLAN ZONING
WHEREAS, the City of Moreno Valley (“City”) is a General Law city organized pursuant to Article XI of the California Constitution; and WHEREAS, on July 11, 2006, the City Council of the City of Moreno Valley (“City”) adopted a General Plan and associated zoning (“2006 General Plan”), and certified the related Final Program Environmental Impact Report (“EIR”); and WHEREAS, the 2006 General Plan and certified EIR were not subject to any litigation challenge; and
WHEREAS, in 2016, the City Council initiated the process to update the 2006 General Plan; and
WHEREAS, on June 15, 2021, the City Council adopted Resolution No. 2021-46 certifying the Final Program EIR (State Clearinghouse No. 2020039022) for the MoVal 2040 General Plan Update and Climate Action Plan, and adopting Findings of Fact, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program pursuant to the California Envi ronmental Quality Act (“CEQA”) and the CEQA Guidelines; and
WHEREAS, on June 15, 2021, the City Council also adopted Resolution No. 2021- 47 approving the MoVal 2040 General Plan Update (PEN19 -0240), the Climate Action Plan, and the Climate Action Plan Appendices, which Resolution superseded the 2006 General Plan; and
WHEREAS, the City Council introduced on June 15 , 2021 , and subsequently adopted on August 3, 2021, Ordinance No. 981, a pproving Municipal Code Zoning Ordinance Amendment P EN21-0030 to establish new zones to implement the newly established MoVal 2040 General Plan designations, Zoning Ordinance , and Official Zoning Atlas amendments to address consistency with the MoVal 2040 General Plan Update and the March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan; and
WHEREAS, on July 15, 2021 , the Sierra Club filed a Verified Petition for Writ of Mandate and Complaint for Declaratory Relief in the Riverside County Superior Court (Case No. CVRI2103300) challenging the City’s decision to certify the Final Program EIR and adopt the MoVal 2040 General Plan Update, Climate Action Plan, and Zoning Ordinance Amendment as reflected in Resolution Nos. 2021 -46 and 2021 -47, and Ordinance No. 981; and
2 Ordinance No. 2024-xx
Date Adopted: _______ __, 202 4
WHEREAS, on June 21, 2022, the California Attorney General intervened in the Sierra Club case, and on July 11, 2022, filed a Petition for Writ of Mandate-in-Intervention; and
WHEREAS, on March 5, 2024, after briefing and hearing , the Riverside County Superior Court (Hon. Chad Firetag) issued its Statement of Decision (“Ruling”) on the Petitions of the Sierra Club and Attorney General, granting in part and denying in part the Petitions for the reasons stated in the Ruling; and
WHEREAS, on May 6, 2024, the Court entered directed that a Peremptory Writ of Mandate (“Writ”) issue ordering the City to set aside all Project approvals, including Resolution No. 2021 -46 (certifying the EIR and adopting the findings, a Statement of Overriding Considerations, and a Mitigation, Monitoring and Reporting Program), Resolution No. 2021 -47 (approving the General Plan Update and CAP, and adopting related findings), and Ordinance No. 981 (approving Zoning Ordinance Amendment PEN2021-0030 and adopt ing related findings), and set aside certification of the Final Program EIR for the General Plan Update, CAP, Zoning Ordinance Amendment, and related findings); and
WHEREAS, on May 6, 2024 , the Court Clerk issued the Writ (Exhibit “ A”) commanding, upon receipt, that the City set aside all Project approvals (including Resolution No. 2021 -46, Resolution No. 2021 -47, Ordinance No. 981, and related findings; and set aside certification of the Final Program EIR within forty-five (45) days of service of the Writ; and
WHEREAS, on May 20, 2024, the City was served with the Writ.
THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. Recitals
That the above recitals are true and correct and are incorporated herein by this reference.
Section 2. Repeal of Ordinance 981
That Ordinance No. 981 is repealed in its entirety.
Section 3. 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 3 Ordinance No. 2024-xx
Date Adopted: _______ __, 202 4
remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.
Section 4. Repeal of Conflicting Provisions
That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Ordinance, are hereby repealed.
Section 5. Effective Date
That this Ordinance shall take effect thirty (30) days after its second reading.
Section 6. 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.
APPROVED AND ADOPTED this ____ day of ______________ 2024. _______________________________
Ulises Cabrera
Mayor
City of Moreno Valley
ATTEST:
____________________________________
Jane Halstead, City Clerk
APPROVED AS TO FORM:
____________________________________
Steven B. Quintanilla, City Attorney
4 Ordinance No. 2024-xx
Date Adopted: _______ __, 202 4
EXHIBIT A
WRIT