1 RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA SETTING ASIDE RESOLUTION NO. 2021- 46, RESOLUTION NO. 2021- 47 RELATED TO MOVAL 2040 GENERAL
PLAN UPDATE, CLIMATE ACTION PLAN, AND FINAL PROGRAM
ENVIRONMENTAL IMPACT REPORT
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 F act, a Statement of Overriding Considerations, and a M itigation Monitoring and R eporting 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General Plan Update (PEN19- 0240), the Climate Action Plan, and the Climate Action Plan Appendices, which Resolution superseded the 2006 General Plan; and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 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, in November 2021, the City submitted its approved Housing Element (6th Cycle spanning the 2021-2029 time period) to the California Department of Housing and Community Development (“HCD”) for review; and
WHEREAS, on February 7, 2022, HCD provided a letter to the City identifying the changes or modifications that were necessary to bring the City’s Housing Element into compliance with state law; and
WHEREAS, the City revised its Housing Element (6th Cycle) in response to HCD’s comments and in compliance with state law; and
WHEREAS, in October 2022, the City adopted Resolution No. 2022- 67 to both reaffirm its earlier approval findings related to its Housing Element, and adopt additional determinations related to non-vacant sites and the likelihood of redevelopment within the pertinent 6th Cycle Planning Period; and
WHEREAS, on October 11, 2022, HCD sent a letter to the City stating that: (a) the City’s October 2022, Housing Element, as modified, is in full compliance with State Housing Element Law (Article 10.6 of the Government Code); (b) the adopted Housing Element, as modified, addressed all the statutory requirements described in HCD’s February 7, 2022, letter; and (c) HCD considered the City’s additional findings and determinations made in Resolution No. 2022-67; and
WHEREAS, after the City’s adoption of Resolution No. 2022- 67 in October 2022, the City’s Housing Element, as modified, was not subject to any legal challenge, and consequently, is the operable HCD-certified Housing Element for the City; and
WHEREAS, on March 5, 2024, after briefing and hearing, the Riverside County Superior Court (Hon. Chad Firetag) issued its Statement of Decision 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, in March 2024, the Court received a proposed Judgment and Writ of Mandate, along with objections and a response thereto; and
WHEREAS, the “Joint Response” to the City’s objections filed by the Sierra Club and Attorney General on March 29,2024 clarified that Sierra Club and Attorney General’s requested relief (setting aside City Resolution Nos. 2021-46 and 2021-47 and Ordinance No. 981) did not and would not, affect the City’s October 2022, adopted Housing Element, as modified, because the City modified its Housing Element, and the City’s October 2022 Resolution No. 2022- 67 both reaffirmed its earlier approval findings and adopted additional determinations related to the revised Housing Element ; and HCD certified the 3 revised Housing Element (Oct ober 2022), and not the July 2021 version of the City’s Housing Element; 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 adopting related findings), and set aside certification of the Final Program EIR for the G eneral 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals and Exhibits
That the City finds and determines that the foregoing recitals and exhibits are true and correct and are hereby incorporated by this reference.
SECTION 2. Set Aside
That pursuant to the Court ’s Judgment and Writ in Case No. CVRI2103300, as directed, the City Council hereby sets aside (repeals) Resolution No. 2021- 46 and Resolution No. 2021-47 for the purpose of addressing the deficiencies identified in the Judgment and the Court’s Ruling.
SECTION 3. Effect of Set Aside
That based on set ting aside (repeal of) Resolution No. 2021- 46 and Resolution No. 2021-47, and Ordinance 981, the City Council notes that the 2006 General Plan, associated zoning, and associated EIR are no longer superseded and that the 2006 General Plan, Zoning, and associated EIR remain in place pending reconsideration and re-approval of the MoVal 2040 General Plan and associated zoning, and that t he HCD- certified Housing Element (October 2022) remains in effect.
SECTION 4. CEQA
4 That approval of this Resolution No. 2024-XX does not constitute a “project” under the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code section 21080(a) and State CEQA Guidelines section 15378 as the City has a mandatory duty to comply with the Writ and state law, and since approval of this Resolution does not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Moreover, pursuant to State CEQA Guidelines section 15061(b)(3), the approval of this Resolution No. 2024- XX is exempt from CEQA because there is no possibility that it may have a significant effect on the environment.
SECTION 5. Severability
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution 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 Resolution as hereby adopted shall remain in full force and effect.
SECTION 6. Effective Date
That this Resolution shall take effect immediately upon the date of adoption.
SECTION 7. Certification
That the City Clerk for the City Council shall certify the passage of this Resolution.
PASSED AND ADOPTED THIS ______ DAY OF ______________, 2024.
CITY OF MORENO VALLEY
CITY COUNCIL
Ulises Cabrera
Mayor of the City of Moreno Valley
ATTEST:
Jane Halstead, City Clerk
APPROVED AS TO FORM:
______________________________________
Steven Quintanilla, City Attorney
5 EXHIBIT “A”
(Writ)