Report to City Council
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TO: Mayor and City Council
FROM: Angelica Frausto-Lupo, Community Development
Department
AGENDA DATE: December 2, 2025
TITLE: MUNICIPAL CODE AMENDMENT (PEN25 -0149)
(REPORT OF: COMMUNITY DEVELOPMENT)
(DISTRICT: ALL DISTRICTS)
TITLE SUMMARY: Municipal Code Amendments To Amend Various Sections Within Title 5 Business Regulations, And Title 9 Planning And Zoning, Including Chapter 5.02 (Business License),
Chapter 9.02 (Permits And Approvals), Chapter 9.03
(Residential Districts), Chapter 9.04 (C ommercial Districts), Chapter 9.07 (Special Districts), Chapter 9.09 (Specific Use Development Standards), And Chapter 9.15 (Definitions), Of The Moreno Valley Municipal Code.
DISTRICT: All Districts
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;
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 5 (Business Regulations), specifically Chapter 5.02 (Business License); 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
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and Zoning), specifically Chapter 9.02 (Permits And Approvals), Chapter 9.03 (Residential Districts), Chapter 9.04 (Commercial Districts), Chapter 9.07 (Special Districts), Chapter 9.09 (Specific Use Development Standards), and Chapter 9.15 (Definitions).
SUMMARY
On November 13, 2025, the Planning Commission recommended on a 4 to 1 vote, with one Planning Commissioner absent , 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 proposed amendment to Title 5 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 5, based too on the finding that the proposed amendments to Title 5 are exempt from the California Environmental Quality Act.
DISCUSSION
The discussion of the sections below generally corresponds to the order of the text amendments set forth in the attached Ordinances.
Title 5 Amendment
Section 5.02.720 (Specific Exclusion from Fee Requirement)
The proposed revisions to Section 5.02.720 remove day care facilities , serving six or fewer individuals, from the categories of entities which must pay business license fees and taxes. In addition, all family day care homes , including both large and small family day care homes, will be added to the list of exempt uses. These modifications will bring these Municipal Code provisions into compliance with the requirements of Senate Bill 234 (SB 234).
Title 9 Amendments
Section 9.02.110 (Development Agreements)
This proposed amendment repeal s and replaces the language of Section 9.02.110 (Development Agreements) with new language that establishes the authority, procedures, and requirements for the City to enter into development agreements with property owners or those holding a legal or equitable interest in land within the City or its sphere of influence. It outlines mandatory and optional agreement terms, requires public hearings before both the Planning Commission and City Council, and mandates all approvals be by ordinance.
Section 9.02.140 (Small and Large Family Day Care Home Standards in Residential
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Dwelling Units)
This proposed amendment repeals Section 9.02.140 (Small and Large Family Day Care Home Standards in Residential Dwelling Units) to bring the review requirements for Family Day Care Homes, into compliance with the provisions of Senate Bill 234 (SB 234).
Section 9.02.230 (Expiration Dates and Extensions of Time)
This proposed amendment repeals and replaces the language of Section 9.02.230 (Expiration Dates and Extensions of Time) in its entirety to clarify the procedures for providing extensions of time. The revisions a uthorize the Community Development Director to grant permit extensions of up to 24 months, with additional extensions permitted thereafter. In addition, the new language provides that permit expirations are tolled during litigation or while an extension re quest is under review and authorizes the Community Development Director to refer extension requests to the Planning Commission or City Council for consideration.
Section 9.03.050 (Density Bonus Program for Affordable Housing)
The proposed revisions to Section 9.03.050 (Density Bonus Program for Affordable Housing) update the term “Child Care Facility” to “Child Day Care Facility” and refines the definition to include age limitations and clarif ies that care provided is non -medical, ensuring alignment with the requirements of Senate Bill 234 (SB 234).
Section 9.03.070 (Streamlined Ministerial Approval Process (Senate Bill 423, Formerly SB35)
The proposed revisions to 9.03.070 (Streamlined Ministerial Approval Process) will address the amendments made to previous housing streamlining laws by Assembly Bill 3122 (AB 3122), specifically SB 35 and SB 423, by provid ing developers with more flexibility in modifying approved housing projects. The new obligation for a local government to respond within 30 days of an application resubmittal is also addressed.
Section 9.03.100 (Objective Design Standards)
This new section will establish objective desig n standards for multifamily and mixed -use developments that are not governed by the objective design standards of an existing specific plan. In support of this new code section, a standalone document titled “City of Moreno Valley Objective Design Standards for Multiple -Family and Mixed -Use Residential Developments” has been prepared.
The Objective Design Standards (ODS) document is intended to streamline housing development approvals by providing clear, measurable, and verifiable requirements for the design of residential or mixed-use development subject to various objective standards which shall be applied as may be under state law. These standards are in addition to any existing objective Municipal Code requirements, Development Standards, Building Codes, Fire Codes, or standards adopted prior to SB35, such as a specific plan. For
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projects ineligible for SB35 (Government Code §65913.4) or similar streamline provision requiring ODS, the City’s Citywide Design Guidelines, and/or Specific Plan standards shall apply.
Section 9.04.050 (Affordable Housing in Commercial Zones)
Assembly Bill 2243 (AB 2243) amended and expanded existing housing laws (AB 2011 and SB 6) to streamline the development of affordable and mixed -income housing on commercially zoned properties. Since AB 2243 made several amendments to AB 2011 and SB 6, the current 9.04.050 (Affordable Housing in Commercial Zones) section must be repealed and replaced.
Section 9.07.090 (By-Right Floating Housing Overlay (BRFH) Zoning District)
The proposed new section 9.07.090 (By-Right Floating Housing Overlay (BRFH) Zoning District) is a requirement of recently enacted State Housing law. The purpose of the By - Right Floating Housing Overlay (BRFH) overlay/combining zoning district is to promote the development of housing on sites locally identified to satisfy the City's lower-income Regional Housing Needs Allocation (RHNA) shortfall pursuant to State statutes (Gov.
Code 65583.2(h) and 65583.2(i)). Encouraging development of higher -density housing along key corridors and ensuring a distribution of units furthers the City's fair housing objectives, consistent with State law, and addresses the City of Moreno Valley's 2021 - 2029 Housing Element Program 2-A.
Section 9.09.030 (Adult Businesses)
The proposed revisions to Section 9.09.030 (Adult Businesses) refine the definition of “Child Day Care Facility” to include age limitations and clarify that care provided is non - medical, ensuring alignment with the requirements of Senate Bill 234 (SB 234).
Section 9.09.130 (Accessory Dwelling Units (ADUs)
The proposed revisions to Section 9.09.130 (Accessory Dwelling Units (ADUs) include revisions to remove any subjective language to address the California Department of Housing and Community Development’s (HCD) comments submitted to the City .
Changes to Junior Accessory Dwelling Units (JADUs) under both Assembly Bill 1154 (AB 1154) and Senate Bill 543 (SB 543) are also addressed.
Section 9.09.380 (Wireless Communication Facilities)
This new section replaces and repeals Section 9.09.040 (Communication Fac ilities, Antennas, and Satellite Dishes) and establishes regulations for the placement, design, and permitting of wireless communication facilities throughout the city , consistent with current laws and regulations. This new section also defines key wireless communication facility terms, establishes where and how such facilities may be installed, and outlines the requirements for an Administrative Use Permit for smaller or collocated facilities and a Conditional Use Permit for major installations.
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Section 9.09.390 (Demolition of Housing Units)
This new section will establish regulations for the replacement of housing units that are or have been demolished as part of a development project, consistent with Assembly Bill 1218 (AB 1218).
Section 9.15.030 (Definitions)
The proposed revisions to Section 9.15.030 (Definitions) redefine the definitions of “Child Day Care Facility”, “Family Day Care Home”, and “Large Family Day Care Home”, ensuring consistency with the provisions of Senate Bill 234 (SB 234).
ENVIRONMENTAL
The proposed Municipal Code Amendments (PEN25-0149) are exempt from the California Environmental Quality Act in accordance with Section (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.
ALTERNATIVES
1. Staff’s Preferred Alternative – Introduce both Ordinances and adopt both Ordinances (second reading) at a subsequent City Council meeting.
2. Staff Non-Preferred Alternative - Do not introduce and adopt the Ordinances.
FISCAL IMPACT
There are no fiscal impacts anticipated from the approval and adoption of the proposed Ordinances. However, it is anticipated th at 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
The proposed Municipal C ode Amendments (PEN25 -0149) is City -wide. As such, the public hearing notice for the proposed Municipal Code Amendments was published in the Press-Enterprise newspaper on November 21, 2025.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Miguel Del Rio Angelica Frausto-Lupo
Senior Planner Community Development Director
CITY COUNCIL STRATEGIC PRIORITIES
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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_CDD_PEN25-
0149_FALL25_OMNIBUS.docx
Attachments: - Ordinance No.___Title 5.pdf
- Ordinance No.___Title 9.pdf
Final Approval Date: Nov 26, 2025
This report and all of its attachments were approved and signed as outlined below:
Sean Kelleher
Natalia Lopez
No Signature - Task assigned to Dena Heald was completed by workflow administrator Patty Rodriguez
Dena Heald
Launa Jimenez
Brian Mohan
Patty Rodriguez