ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, AMENDING VARIOUS SECTIONS TITLE 9
(PLANNING AND ZONING), INCLUDING 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), 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 (Planning and Zoning); and WHEREAS, staff has recommended to the Planning Commission that it recommend that the City Council adopt several amendments to Title 9 (Planning and Zoning), which include revising certain provisions of 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)(collectively referred to herein as “PEN25-0149”); and WHEREAS, PEN25-0149 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 PEN25-0149 is consistent with the 2006 General Plan and its goals, objectives, policies, and programs, and with any applicable specific plan; and
WHEREAS, staff has further determined that PEN25-0149 will not adversely affect the public health, safety or general welfare; and
WHEREAS, staff has also determined that PEN25-0149 is consistent with the purposes and intent of Title 9 (Planning & Zoning); and WHEREAS, staff has determined that PEN25-0149 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.
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 9.02.030 (DEVELOPMENT REVIEW
PROCESS)
That Section 9.02.030 (Development Review Process) is hereby amended as set forth in Exhibit A, attached hereto and fully incorporated herein by this refence.
Section 4. REPEAL AND REPLACEMENT OF SECTION 9.02.110
(DEVELOPMENT AGREEMENTS)
That Section 9.02.110 (Development Agreements) is hereby repealed and replaced in its entirety with new as set forth in Exhibit A, attached hereto and fully incorporated herein by this reference.
Section 5. AMENDMENT TO SECTION 9.02.140 (SMALL AND LARGE
FAMILY DAY CARE HOME STANDARDS IN RESIDENTIAL
DWELLING UNITS)
That Section 9.02.140 (Small and Large Family Day Care Home Standards in Residential Dwelling Units is hereby amended as set forth in Exhibit A, attached hereto and fully incorporated herein by this reference.
Section 6. REPEAL AND REPLACEMENT OF SECTION 9.02.230
(EXPIRATION DATES AND EXTENSIONS OF TIME)
That Section 9.03.050 (Expiration Dates and Extensions of Time) is hereby repealed in its entirety and replaced with a new Section 9.03.050 (Expiration Dates and Extensions of Time) as set forth in Exhibit A, attached hereto and fully incorporated herein by this reference.
Section 7. AMENDMENT TO SECTION 9.03.050 (DENSITY BONUS
PROGRAM FOR AFFORDABLE HOUSING)
That Section 9.03.050 (Density Bonus Program for Affordable Housing) is hereby amended as set forth in Exhibit A, attached hereto and fully incorporated herein by this reference.
Section 8. AMENDMENT TO SECTION 9.03.070 (STREAMLINED
MINISTERIAL APPROVAL PROCESS (SENATE BILL 423,
Formerly SB35)
That Section 9.03.070 (Streamlined Ministerial Approval Process (Senate Bill 423, Formerly SB35) is hereby amended as set forth in Exhibit A, attached hereto and fully incorporated herein by this reference.
Section 9. AMENDMENT TO SECTION 9.03.100 (OBJECTIVE DESIGN
STANDARDS)
That Section 9.03.100 (Objective Design Standards) is hereby amended as set forth in Exhibit A, attached hereto and fully incorporated herein by this reference.
Section 10. AMENDMENT TO SECTION 9.04.050 (AFFORDABLE HOUSING
IN COMMERCIAL ZONES)
That Section 9.04.050 (Affordable Housing in Commercial Zones) is hereby amended as set forth in Exhibit A, attached hereto and fully incorporated herein by this reference.
Section 11. AMENDMENT TO SECTION 9.07.090 (BY-RIGHT FLOATING
HOUSING OVERLAY (BRFH) ZONING DISTRICT)
That Section 9.07.090 (By-Right Floating Housing Overlay (BRFH) Zoning District is hereby amended as set forth in Exhibit A, attached hereto and fully incorporated herein by this reference.
Section 12. AMENDMENT TO SECTION 9.09.030 (ADULT BUSINESSES) That Section 9.09.030 (Adult Businesses) is hereby amended as set forth in Exhibit A, attached hereto and fully incorporated herein by this reference.
Section 13. AMENDMENT TO SECTION 9.09.130 (ACCESSORY DWELLING
UNITS (ADUS))
That Section 9.09.130 (Accessory Dwelling Units (ADUS)) is hereby amended as set forth in Exhibit A, attached hereto and fully incorporated herein by this reference.
Section 14. REPEAL AND REPLACEMENT OF SECTION 9.09.040
(COMMUNICATION FACILITIES, ANTENNAS, AND SATELLITE
DISHES) WITH NEW SECTION 9.09.380 (WIRELESS
COMMUNICATION FACILITIES)
That Section 9.09.040 (Communication Facilities, Antennas, and Satellite Dishes) is hereby repealed in its entirety and replaced with a new section 9.09.380 (Wireless Communication Facilities) as set forth in Exhibit A, attached hereto and fully incorporated herein by this reference.
Section 15. AMENDMENT TO SECTION 9.09.390 (DEMOLITION OF
HOUSING UNITS)
That Section 9.09.390 (Demolition of Housing Units) is hereby amended as set forth in Exhibit A, attached hereto and fully incorporated herein by this reference.
Section 16. AMENDMENT TO SECTION 9.15.030 (DEFINITIONS) That Section 9.15.030 (Definitions) is hereby amended as set forth in Exhibit A, attached hereto and fully incorporated herein by this reference.
Section 17. CEQA COMPLIANCE
That PEN25-0149 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 18. FINDINGS
The ordinance is consistent with the City’s 2006 General Plan.
Section 19. 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.
Section 20. 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 21. EFFECTIVE DATE
That this Ordinance shall take effect thirty (30) days after its second reading.
Section 22. 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]
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:
___________________________________
M. Patricia Rodriguez, City Clerk, CMC
APPROVED AS TO FORM:
___________________________________
Steven B. Quintanilla, City Attorney
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. 2025 - 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 , 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and
Mayor)
CITY CLERK
(SEAL)
1 EXHIBIT A
§ 9.02.030. Development review process.
The purpose and intent of this section is to identify types of development review process or processing and to establish, by application type, the procedures and requirements for each type of development review process.
A. Minor Development Review Process.
1. Purpose and Intent. The purpose of minor development review is to provide a process for administrative review of development projects which are of limited size and scope. The intent of this process is to ensure that such limited projects comply with all applicable city guidelines, standards and ordinances; are not detrimental to the public health, safety or welfare; and are not materially damaging to surrounding properties or improvements. The minor development review process shall not be construed to include routine maintenance, reconditioning of an existing building, or other land use approvals construed to fall under Section 9.02.170 of the development code. Routine maintenance includes, but is not limited to, painting, stucco work, repairing existing buildings, and parking lot resurfacing/restriping.
2. Authority. The community development director is authorized to approve, approve with reasonable conditions, or disapprove applications for minor development review. In approving an application, the community development director may impose reasonable conditions to ensure compliance with this title. Conditions may include requirement for open spaces, buffers, walls, fences and screening; requirements for street improvements and dedications, regulation of vehicular ingress, egress and traffic circulation; requirements for installation and maintenance of landscaping and erosion control measures; regulations of signs; regulations of hours of operation; establishment of time limits for performance or completion; and such other conditions as the community development director may deem necessary to make the determinations required by subsection (A)(6) of this section.
3. Minor Development Review Criteria. Unless otherwise specified for major development review pursuant to criteria outlined in subsection (B)(2) of this section, applications which include any of the following criteria shall be subject to the minor development review process and approval by the community development director:
a. Parking lot construction, reconstruction or expansion; b. Construction, reconstruction or expansion of outdoor storage areas which are a permitted use in the applicable zone;
2 c. Construction and/or placement of satellite dishes, antennas, roof- or groundmounted equipment visible from public view, or similar structures or equipment, as determined by the community development director;
d. New structures or additions which qualify for a categorical exemption pursuant to the California Environmental Quality Act (CEQA) and city of Moreno Valley "Rules to Implement CEQA";
e. Development of any other uses, facilities, or structures for which minor development review is specified elsewhere in this title; f. Signs permitted subject to the provisions of Section 9.12.020 of this title; g. Exterior remodeling of industrial, commercial or multifamily facilities; h. Model homes and changes in production unit sizes within single-family residential tracts, except as otherwise provided in Section 9.08.210 of this title. i. Projects within existing commercial centers when consistent with existing zoning.
4. Applications. An application for a minor development review shall be filed with the community development department in a manner prescribed by the community development director.
5. Project/Design Review. If it is determined by the community development director that the site contains unique or unusual characteristics and therefore requires additional design review, the community development director may refer the application to the project review staff committee.
6. Required Determinations. Before granting approval of a minor development review application, the community development director shall make the following determinations:
a. That the proposed project is consistent with the goals, objectives, policies and programs of the Moreno Valley general plan and any applicable specific plan; b. That the proposed project, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity;
c. That the proposed project is in compliance with each of the applicable provisions of this title.
B. Major Development Review Process.
1. Purpose and Intent. The major development review process is intended to implement general plan policies and other adopted policy and design standards, regulations and guidelines. To achieve quality development that is functionally as 3 well as aesthetically enhancing to the community, and to minimize adverse effects on surrounding properties and the environment, the purposes of major development review are to ensure the following:
a. That the location and configuration of structures developed within the city are visually harmonious with their sites and with natural landforms and surrounding sites, structures, and streetscapes;
b. That the proposed design produces harmonious transitions in both the scale and character of development between adjacent land uses; c. That site access and circulation thereon is safe and convenient for pedestrians, bicyclists and vehicles;
d. That adverse environmental effects are minimized;
e. That building site and architectural design is accomplished in an energy-efficient manner;
f. That the materials, textures, colors and details of proposed construction are an appropriate expression of the design concept and function, and are, to the extent feasible, compatible with the adjacent and neighboring structures and functions;
g. That development proposals do not unnecessarily block scenic views from other buildings or from public ways, or visually dominate their surroundings with respect to mass and scale, to an extent inappropriate to their use;
h. That the amount, location and configuration of open space and landscaping conforms to the requirements of this title, provides visually pleasing settings, and is appropriate to the design and function of the structure, site and surrounding area;
i. That the design and location of signs and their materials and colors are consistent with the scale and character of the buildings to which they are attached or are located on the same site, and to ensure visual harmony between signs and surrounding developments;
j. That excessive and unsightly grading of hillsides does not occur, and to ensure the preservation of the character of natural landforms and existing vegetation where feasible;
k. That excellence in architectural design is maintained in order to enhance the visual environmental of the city and to protect the economic value of existing structures;
4 l. That historically significant structures and sites are developed as much as possible in a manner consistent with their historic values; m. That the public health, safety and general welfare are protected; n. That development plans comply with applicable policies, standards, ordinances and design guidelines.
2. Authority.
a. Discretionary projects, which are not specifically subject to minor development review pursuant to the provisions of subsection A of this section, shall be subject to the major development review process. b. Unless the city council is designated as the approving body, the planning commission is authorized to approve, conditionally approve or disapprove projects subject to the major development review process.
3. Conditions of Approval. In approving an application subject to the major development review process, conditions may be imposed to ensure compliance with applicable city regulations. Conditions may include:
a. Requirements for fences and walls, screening and buffering of adjacent properties, open spaces, and installation and maintenance of landscaping and erosion control measures;
b. Requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation;
c. Regulation of signs;
d. Regulation of hours or other characteristics of operation; e. Establishment of time limits for performance or completion; and f. Such other conditions as may be deemed necessary to ensure compatibility with surrounding uses; to preserve the public health, safety and welfare; and to enable the planning commission to make the findings supporting its decision, as required by subsection (B)(5) of this section.
4. Project/Design Review Procedure.
a. Upon determination that an application is complete, the proposed project shall be forwarded to the project review and community development director for their review and comment.
b. In addition to the project review committee and the community development director, projects subject to the provisions of subsection shall also be submitted to such other city committees and boards, as may be required by the provisions of this title, as well as to such other committees 5 and boards as the community development director determines to be appropriate.
c. Each committee or board to which a project is submitted pursuant to the provisions of this subsection shall review the case at its first available meeting and supply written recommendations to the community development director.
d. In addition to city committees and boards, the community development director shall forward the proposed project to such other public agencies whose operations or areas of responsibility could be affected by the proposed project for their review and comment.
e. If after review and consideration pursuant to subsections (B)(4)(a) through (B)(4)(d) of this section, the project is determined to be unacceptable, the community development director shall inform the applicant of identifiable issues, and suggest alternatives to resolve such issues. The applicant shall then be directed to return with revisions and/or work with staff to resolve issues prior to public hearing or decision by the planning commission.
5. Findings. Following the noticed public hearing pursuant to Section 9.02.200 of this chapter and unless otherwise specified in this chapter, the planning commission shall make the following findings before approving a major development review application:
a. That the proposed project is consistent with the general plan; b. That the proposed use is in compliance with each of the applicable provisions of this title;
c. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity of the proposal.
C. Development Review Index. The following list indicates the review process required for each application type shown.
6 Notes:
* Refer to Chapter 9.14 (Land Divisions) of this title for further information. ** Refer to Chapter 9.13 (Specific Plans) of this title for further information. *** Requires a noticed public hearing pursuant to Section 9.02.200 of this chapter before planning commission and/or city council as established in each section of this title specifying findings for each major development review.
**** Subject to the provisions contained in Section 9.08.210 of this title.
Development Review Index Table 9.02.030-2
Major*** Development Review Minor Development Review
General Plan Amendment * Lot Line Adjustment
** Specific Plan * Lot Merger
Zone Change * Certificate of Compliance
Conditional Use Permit Home Occupation Permit
Plot Plan Temporary Use Permit
Variance Administrative Variance
* Tentative Tract Map Administrative Plot Plan
* Tentative Parcel Map **** Model Home Complex
* Vesting Map Extension of Time for Any Major Development Review Projects * Reversion to Acreage Sign Permits
Surface Mining Permit
Development Agreements
Extension of Time for Any Major Development
Review
7 D. Concurrently Filed Applications. An application which is dependent on approval of a change of zone or other enabling application(s) shall be processed concurrently with such enabling application(s). Approval authority for such dependent application(s) shall be vested with the body authorized to approve the enabling application(s). § 9.02.110 Development agreements.
A. Authority. Section 65864 of the California Government Code authorizes the city to enter into a development agreement with any person having a legal or equitable interest in real property located within the city for the development of the respective property. Section 65864 further authorizes the city to enter into a development agreement with any person having a legal or equitable interest in real property in unincorporated territory within that city’s sphere of influence for the development of the respective property, provided the development agreement shall not become operative unless annexation proceedings annexing the property to the city are completed within the period of time specified by the development agreement.
1. Equitable interest. An equitable interest shall include, but not be limited to, the following:
(a) An applicant in escrow to purchase the property that will be subject to a development agreement.
(b) An applicant who is leasing the property that will be subject to a development agreement that includes a contingent agreement to purchase the property.
B. Purpose. The purpose of this section is to set forth the procedures and requirements for the consideration of development agreements upon application by, or on behalf of, the property owner or other person having a legal or equitable interest in the subject real property.
C. Benefits.
1. For the applicant. A development agreement allows an applicant to generate money by selling off existing large lots with the security that subsequent subdivisions will be considered under the general plan and zoning designations that have vested under the development agreement, and protects an applicant from the possibility of a political change or local initiative that could derail its project if it waited until late in the development process to vest any rights to develop.
2. For the city. A development agreement may benefit the city when there is an immediate need for money or land to build a road, a park, or another facility or improvement that the applicant is willing to provide under a development agreement, well before the applicant would be ready to subdivide or build on its property.
8 D. Application and application fee. An applicant for a development agreement shall complete the necessary application form provided by the city and pay any requisite application fees duly adopted by the city.
E. Environmental review. A development agreement shall be subject to environmental review pursuant to the California Environmental Quality Act (CEQA) and the applicable provisions of the CEQA Guidelines.
F. Intent. The intent of a development agreement is to provide assurances to a development agreement applicant that upon approval of the respective project, the applicant may proceed with the project in accordance with existing policies, rules, and regulations, and subject to the conditions of approval, in effect at a time certain as set forth in the development agreement.
1. Applicable rules, regulations, and policies. Section 65866 of the California Government Code provides that unless otherwise provided by the development agreement, the rules, regulations, and official policies governing permitted uses, density, design, improvements, construction standards and specifications, applicable to development of the property, shall be those rules, regulations, and official policies in force at the time of execution of the respective development agreement.
2. Application of new city rules, regulations, and policies. Section 65866 of the California Government Code provides that a development agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth in the development agreement, nor shall a development agreement prevent the city from denying or conditionally approving any subsequent development project application on the basis of existing or new rules, regulations, and policies.
3. Application of new state or federal laws and regulations. Pursuant to Section 65869.5 of the California Government Code, if state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, those provisions of the development agreement shall be modified or suspended as may be necessary to comply with those state or federal laws or regulations.
G. Content.
1. Mandatory terms. The contents of a development agreement shall, at a minimum, include the following: 1) the duration (term) of the agreement, 2) the permitted uses of the property, 3) the density or intensity of use, 4) the 9 maximum height and size of proposed buildings, and 5) provisions for reservation or dedication of land for public purposes.
2. Optional terms. In addition to the mandatory terms, a development may include provisions covering the following topics:
a. Construction of parks, roads, and other public facilities and improvements; b. Payment of fees in excess of development impact fees; c. Delivery of public utility services such as water and sewer; d. Terms and conditions regarding financing and reimbursement for public facilities or infrastructure, frequently by formation of assessment districts, levy of bonds, approval of special taxes, and other means; e. Phasing of components of the development or infrastructure; f. Requirement to provide affordable housing;
g. Applicability of subsequently adopted development impact fees and permit processing fees;
h. Processing and compliance with permits that the development needs to obtain from other governmental agencies;
i. Transfer or relocation of units from one portion of the project to another; and j. Specific project design issues, such as trail maintenance or hillside development.
H. Public hearings.
1. Planning Commission public hearing. A public hearing on an application for a development agreement shall be held and conducted by the planning commission for the purpose of providing a recommendation to the city council. a. Notice of the planning commission public hearing shall be given as provided in Sections 65090 and 65091 of the California Government Code in addition to any other notice required by law for other actions to be considered concurrently with the development agreement.
2. City Council public hearing. A public hearing on the planning commission’s recommendation to approve or deny an application for a development agreement shall be held and conducted by the city council a. Notice of the city council public hearing shall be given as provided in Sections 65090 and 65091 of the California Government Code in addition to any other notice required by law for other actions to be considered concurrently with the development agreement.
b. Notice of the city council public hearing shall include the planning commission’s recommendation and the notice shall not be provided until after the planning commission’s recommendation has been made.
I. Findings to approve.
10 1. Consistency with general plan and applicable specific plans. A development agreement shall not be approved unless the city council finds that the provisions of the development agreement are consistent with the general plan and any applicable specific plan.
2. Tentative maps. A development agreement that includes a subdivision, as defined in Section 66473.7 of the California Government Code, shall not be approved unless the development agreement provides that any tentative map prepared for the subdivision shall comply with Section 66473.7 of the California Government Code.
J. Approval by ordinance. A development agreement may only be approved by an ordinance duly adopted by the city council.
K. Subject to referendum. Pursuant to Section 65867.5 of the California Government Code, since the approval of a development agreement is a legislative act, the ordinance approving a development agreement may be repealed by voter referendum.
L. Effective date. The effective date of a development agreement shall be no earlier than 30 days after the second reading of the ordinance approving the development agreement, unless the applicant has not yet acquired a fee interest in the subject property, in which case the effective date may not be any earlier than the date the applicant acquires a fee interest in the subject property.
M. Recordation. The city clerk shall record a development agreement with the county recorder no later than 10 days after the effective date of the development agreement.
N. Notice. From and after the time of recordation of a development agreement, the development agreement shall impart such notice thereof to all persons as is afforded by the recording laws of the state, and the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure to, all successors in interest to the parties to the development agreement.
O. Major amendments or cancellation. A development agreement may be subject to major amendments or cancellation of any of the mandatory or optional terms in whole or in part by mutual consent of the parties to the development agreement or their successors in interest, pursuant to procedural requirements of Section 65868 of the California Government Code, subject to the approval of the city council.
Notice of intention to approve a major amendment or a cancellation as described herein shall be given in the manner provided by Section 65867 of the California Government Code. In addition, a major amendment to a development agreement or a cancellation as described herein shall be subject to the provisions of Section 11 65867.5 of the California Government Code and both shall be subject to repeal by voter referendum.
P. Major amendments. Major amendments include any change, revision or elimination of any mandatory or optional terms of a development agreement as described in this section.
Q. Minor amendments. A minor amendment to a development agreement may be approved by the city manager or designee administratively. A minor amendment shall include but not be limited to any amendment that does not change, revise, or eliminate any of the mandatory or optional terms of a development agreement as described in this section.
R. Annual review. Each development agreement shall be subject to periodic review by the city council at least every 12 months, at which time the applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the respective development agreement. If, as a result of such periodic review, the city council finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with terms or conditions of the development agreement, the city council may terminate or modify the development agreement.
S. Enforcement. Pursuant to section 65865.4 of the California Government Code, unless amended or canceled pursuant to Section 65868 of the California Government Code, or modified or suspended pursuant to Section 65869.5 of the California Government Code, and except as otherwise provided in subdivision (b) of Section 65865.3 of the California Government Code, a development agreement shall be enforceable by any party thereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision, or building regulation adopted by the city, which alters or amends the rules, regulations, or policies specified in Section 65866 of the California Government Code. § 9.02.230 Expiration dates and extensions of time.
A. Expiration. All permits issued under this chapter shall expire 36 months from the permit's approval date, unless a different expiration date is specifically established as a condition of approval or by state or federal law.
B. Definitions. For purposes of this section, the following definitions shall apply:
1. “Pending” shall mean the same as described in Section 1049 of the California Code of Civil Procedure.
2. “Permit” shall mean a variance, conditional use permit, or any other discretionary development permit, but shall not include any of the following:
12 (a) A building permit or other permit issued under the California Building Standards Code (Title 24 of the California Code of Regulations) or any applicable local building code for the construction, demolition, or alteration of buildings, whether discretionary or nondiscretionary. (b) A permit for minor or standard excavation and grading. (c) A permit for demolition.
(d) A permit for minor or standard excavation and grading. (e) Any nondiscretionary permit or review that is required or issued by the city after the entitlement process has been completed to begin construction.
C. Tolling of expiration date due to pending litigation. The period of time before a permit or project approval issued by the city expires shall not include the period of time during which an action or proceeding involving the approval or conditional approval of the permit or project approval is or was pending.
D. Request for extension of expiration date. A permit holder may request an extension of the expiration date of a permit by submitting a complete application provided by the city and paying any requisite application fees duly adopted by the city, at least sixty calendar days before the expiration of the permit.
E. Qualifying Circumstances. Unless otherwise provided in this section or governed or preempted by applicable state law, a request to extend the expiration date of a permit may be submitted under the following circumstances:
1. International embargoes;
2. Pandemics, epidemics, or quarantines;
3. Severe, prolonged weather conditions;
4. National, regional, or local disasters, calamities, or catastrophes;
5. Inability to obtain labor or materials (or reasonable substitutes therefor) at reasonable costs;
6. Failure of, or inability to obtain, utilities necessary for performance of work;
7. Federal, state or county governmental restrictions, orders, limitations, regulations, or controls;
8. Declaration of local, state or national emergencies; 13 9. Terrorism, insurrection, riots, or civil disturbance;
10. Fire or another casualty;
11. Settlement agreement in which the city is a named party;
12. Court order; or
13. Any other causes or events beyond the reasonable control of the permit holder.
F. Administrative Extension of expiration date. The community development director or designee is authorized to extend the expiration date of a permit administratively unless a condition of approval in the permit specifically provides otherwise.
G. Referral to planning commission or city council. The community development director is authorized to refer an application to extend the expiration date of a permit to the body that took final action on the approval of the subject permit.
H. Tolling pending extension decision. The expiration date of a permit shall be tolled pending a final decision on the requested extension.
I. Maximum time extension. Under no circumstances shall an expiration date of a permit be extended for more than 24 months at any given time, but the applicant shall not be precluded from subsequently requesting additional extensions unless a condition of approval in the permit provides otherwise.
J. Necessary findings. An extension of time may only be approved based on the following findings:
1. The requested extension of time is based on one of the qualifying circumstances outlined in this section;
2. The requested extension of time is consistent with the general plan and any applicable specific plan;
3. The requested extension of time is consistent with any applicable tentative map; tract may or parcel map;
4. The requested extension of time is consistent with any applicable development agreement;
5. The requested extension of time is consistent with the applicable zoning;
6. The requested extension of time is consistent with all applicable mitigation measures and conditions of approval;
14 7. The requested extension will promote public health, safety, and welfare; and
8. The requested extension of time is in the public interest. § 9.03.050. Density bonus program for affordable housing.
A. Purpose and Intent. This section is adopted pursuant to the provisions of California Government Code Sections 65915 through 65918, as they now exist or may hereafter be amended. The purpose of adopting this section is to encourage affordable housing by providing the incentive of increased density and such other incentives provided by this section. The provisions of this section are intended to comply with California Government Code Sections 65915 through 65918. In the event that any provision of this section conflicts with California Government Code Sections 65915 through 65918, state law shall control over the conflicting provision.
B. Applicability. A housing development as defined in this section and Government Code Section 65915 shall be eligible for a density bonus and other incentives that are provided by State Density Bonus Law when the applicant agrees to construct low, very low, senior or moderate income housing units or units intended to serve transitional foster youth, disabled veterans, and lower income students as specified in this section and State Density Bonus Law.
C. Application Requirements. A density bonus may be approved pursuant to an application for approval of a density bonus, provided the request complies with the provisions of this section. An application for a density bonus incentive, concession, waiver, or modifications of development standards pursuant to this section, shall be submitted with the first application for approval of a housing development and processed concurrently with all other applications required for the housing development.
The application shall be submitted on a form prescribed by the city and shall include at least the following information:
1. A site plan that identifies all units in the project, including the location of the affordable units and the bonus units.
2. A narrative briefly describing the housing development and shall include information on:
a. The number of units permitted under the general plan; b. The total number of units proposed in the project, including the floor area, and the number of bedrooms and bathrooms associated with each dwelling unit. Density bonus units shall have at least the same distribution of bedrooms as the market rate units in the development. Density bonus units shall be constructed concurrently with the construction of market rate units;
c. Target income of affordable housing units and proposals for ensuring affordability;
15 d. The number of bonus units requested based on subsection E.3 of this section.
3. Description of Any Requested Incentives, Concessions, Waivers, or Modifications of Development Standards. For all incentives and concessions that are not included within the menu of incentives/concessions set forth in subsections G and H of this section, the application shall include a pro forma providing evidence that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions. The cost of reviewing any required pro forma or other financial data submitted as part of the application in support of a request for an incentive/concession or waiver/modification of developments standard, including, but not limited to, the cost to the city of hiring a consultant to review said financial data, shall be borne by the developer. The pro forma shall include all of the following items:
a. The actual cost reduction achieved through the incentive; b. Evidence that the cost reduction allows the applicant to provide affordable units or affordable sales prices; and
c. Other information requested by the community development director.
The community development director may require that any pro forma include information regarding capital costs, equity investment, debt service, projected revenues, operating expenses, and such other information as is required to evaluate the pro forma.
4. Any such additional information in support of a request for a density bonus as may be requested by the community development director.
D. Eligibility for Bonus. A developer of a housing development containing five or more units may qualify for a density bonus and at least one other incentive as provided by this section if the developer does one of the following:
1. Agrees to construct and maintain at least five percent of the units dedicated to very low income households;
2. Agrees to construct and maintain at least 10% of the units dedicated to lower income households;
3. Agrees to construct and maintain at least 10% of the units in a common interest development (as defined in Section 4100 of the California Civil Code) dedicated to moderate-income households, provided that all units in the development are offered to the public for purchase;
4. Agrees to construct and maintain a senior citizen housing development, as defined in Section 9.09.150 of this title, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code;
5. Land Donations. An applicant for a tentative subdivision map, parcel map, or other residential development approval that donates land to the city in accordance with Government Code Section 65915(g) shall be eligible for a 16 density bonus in accordance with the terms and conditions of Government Code Section 65915(g);
6. Includes a qualifying child care facility as described in subsection J.2 (child care facility requirements) of this section in addition to providing housing as described in subsections D.1 through 3 of this section;
7. Agrees to construct and maintain at least 10% of the units of a housing development for transitional foster youth, as defined in Section 66025.9 of the California Education Code; disabled veterans, as defined in Section 18541 of the California Government Code; or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Section 11301 et seq.), dedicated to very low-income households;
8. Agrees to construct and maintain at least 20% of the units for lower income students in a student housing development dedicated for students enrolled full time to allow the units to be used by undergraduate, graduate, or professional students enrolled currently or in the past six months in at least six (6) units at accredited colleges pursuant to the student housing subsection K of this section; or
9. Agrees to construct and maintain 100% of the units, including total units and density bonus units, but exclusive of a manager's unit or units, dedicated to lower-income households, except that no more than 20% of the units, including total units and density bonus units, may be dedicated to moderate income households.
10. Religious institution-affiliated housing development projects (RIAHD) may qualify for a density bonus under California Government Code Section 65915.
For RIAHD parking requirements, see Section 9.11.040(D).
E. Density Bonus Calculation and Allowance.
1. State Law Preemption. Pursuant to state law, the granting of a density bonus or the granting of a density bonus together with an incentive(s) shall not be interpreted, in and of itself, to require a general plan amendment, specific plan amendment, rezone, or other discretionary approvals.
2. Density Bonus Calculation. An applicant must choose a density bonus from only one applicable affordability category and may not combine categories with the exception of childcare facilities or land donation, which may be combined with an affordable housing development. All density calculations resulting in fractional units will be rounded up to the next whole number.
3. Density Bonus Allowance. In calculating the number of units required for very low, lower, and moderate-income households, the density bonus units shall not be included. The maximum bonus allowed for a 100% affordable project is 80% unless it is located within one-half mile of a major transit stop, and then there is no limit to density. A housing development that satisfies all applicable provisions of this section shall be allowed the following applicable density bonuses:
a. Very low income per California Government Code Section 65915(f)(2). 17 b. Lower income per California Government Code Section 65915(f)(1). c. Moderate income per California Government Code Section 65915(f)(4).
4. Senior Citizen Housing Development. The density bonus for a senior citizen housing development is addressed in Section 9.09.150 (Senior citizen housing) of Chapter 9.09 (Specific Use Development Standards).
5. Residential care facilities for the elderly (RCFEs), which include assisted living, qualify as a type of senior citizen housing development that can receive density bonus incentives for restricted, affordable units. RCFEs may qualify as shared housing pursuant to subsection L of this section.
6. Child Care Facility. A project (whether a housing, commercial, or industrial project) is eligible for a density bonus for a child care facility when in compliance with this section and California Government Code Section 65917.5.
7. Conversion of Apartments to Condominiums. A project is eligible for a 25% density bonus for the conversion of apartments to condominiums when in compliance with California Government Code Section 65915.5.
8. Foster Youth, Disabled Veterans, and Homeless Persons. The density bonus for a housing development for transitional foster youth, disabled veterans, or homeless persons shall be 20%.
9. Students. The density bonus for a student housing development that provides housing for students consistent with subsection K of this section shall be 35%. 20% of the units granted by the density bonus shall be used for lower income students.
10. 100% Affordable. The density bonus for a 100% affordable housing development consistent with subsection D.9 (Eligibility for Bonus) of this section shall be 80% of the number of units for lower income households. Except that if the affordable housing development is located within one-half mile of a major transit stop, maximum density requirements shall not apply.
F. A non-residential development may obtain additional non-residential floor area or other development incentives. The required affordability can be satisfied through an agreement for partnered housing with an affordable housing developer pursuant to the requirements of pursuant to Section 65915.7 of the Government Code.
G. Continued Affordability. Prior to issuance of a building permit, the developer/property owner must enter into a density bonus housing agreement with the city for at least 55 years by recorded document (Government Code Section 65915(c)). Such agreement shall be recorded and shall be binding on the property owner and any successors-ininterest. In addition, a density bonus project must comply with specific requirements for any existing units that are to be demolished as outlined in subsection Q of this section.
Additional details regarding requirements for continued affordability and the density bonus housing agreement are included in subsection P.
H. Incentives Available to Housing Projects. Incentives are available to housing development are as follows:
18 Number of
Incentives/Concessions
Very Low Income
Percentage
Lower Income
Percentage
Moderate Income
Percentage
1 5% 10% 10%
2 10% 17% 20%
3 15% 24% 30%
4 16% 26% 45% (for sale
units)
5 100% low/very
low/mod
(20% moderate
allowed)*
100% low/very
low/mod
(20% moderate
allowed)*
100% low/very
low/mod
(20% moderate
allowed)*
Note:
If the project is located within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.
I. Available Incentives/Concessions. A qualifying project may be entitled to up to four incentives, depending on the percentage of affordable housing that will be included within the development.
1. A concession falls within three categories (California Government Code Section 65915(k)(1), (2) and (3)).
a. Reduction in the site development standards of this development code (e.g., site coverage, off-street parking requirements, reduced lot dimensions, and/or setback requirements);
b. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if such uses are compatible with the housing project and the existing or planned development in the area; and/or c. Other regulatory incentives or concessions proposed by the developer or the city that will result in identifiable and actual cost reductions.
2. Additional Incentive/Concession. The developer may receive a 50% reduction of the development impact fee and the parkland impact mitigation fee for the units affordable to very low income households and a 25% reduction for those units affordable to lower- income households.
J. Parking Requirements. If an applicant qualifies for a density bonus pursuant to this section, reduced parking requirements are available for projects qualifying for a density bonus pursuant to this section. The parking requirement is inclusive of accessible and guest parking for the entire housing development, but shall not include on-street parking 19 spaces in the count towards the parking requirement. In calculating the number of parking spaces required for a development, if the total number of parking spaces is other than a whole number, the number shall be rounded up to the next whole number.
1. Except as otherwise provided in this subsection, the following parking requirements shall apply:
a. Zero to one bedroom: one on-site parking space.
b. Two to three bedrooms: one and one-half on-site parking spaces. c. Four or more bedrooms: two and one-half on-site parking spaces.
2. If the housing development includes at least 20% lower income units or at least 11% very low income units, is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development, then the parking requirement shall be reduced from one-half onsite parking space per bedroom to one- half on-site parking space per unit.
3. If a housing development consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower income families, as provided in Section 50052.5 of the California Health and Safety Code, then no parking spaces shall be required as long as the development meets either of the following criteria:
a. The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development; or
b. The development is a for-rent housing development for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the California Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
4. If a housing development consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower income families, as provided in Section 50052.5 of the California Health and Safety Code, and the development is either a special needs housing development, as defined in Section 51312 of the California Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the California Health and Safety Code, then no parking spaces shall be required. A development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
Number of Bedrooms
Required Parking Spaces
per Unit*,**
0 to 1 bedroom 1
2 to 3 bedrooms 1.5
20 Number of Bedrooms
Required Parking Spaces
per Unit*,**
4 or more bedrooms 2.5
Projects with at least 20% low-income units, or at least 11% very low income units***
0.5 100% affordable housing projects**** No requirement NOTES:
* If the total number of spaces required results in a fractional number, it shall be rounded up to the next whole number.
** If a residential or mixed residential/commercial development project includes the required percentage of low, very low income, or includes a minimum 10% transitional foster youth, veteran, or homeless persons units, or provides for-rent housing for individuals who are 62 years of age or older, or is a special needs housing development and is located within one-half mile of a major transit stop where there is unobstructed access to a major transit stop from the development, then, upon the request of the developer, a parking ratio not to exceed 0.5 spaces per bedroom shall apply to the residential portion of the development. *** Must be located within one-half mile of a major transit stop, with unobstructed access to the major transit stop from the development.
**** Must be located within one-half mile of a major transit stop, with unobstructed access to the major transit spot from the development OR for individuals 62 years of age or older and has either paratransit service or unobstructed access within one-half mile, to fixed bus route service that operates at least eight times per day.
K. Child Care Facilities.
1. Child Care Facility Density Bonus. When an applicant proposes to construct a housing development that is eligible for a density bonus under subsection D (Eligibility for Bonus) of this section and California Government Code Section 65917.5, and includes a child care facility that will be located on the premises or adjacent to the housing development, the city shall grant either:
a. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the square footage of the child care facility; or
b. An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
2. Child Care Facility Requirements. The city shall require, as a condition of approving the housing development, that the following occur:
21 a. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable per this section; and b. Of the children who attend the child care facility, the children of very low income households, lower income households or families of moderate income households shall equal a percentage that is equal to or greater than the percentage of affordable units in the housing development that are required for very low, lower or families of moderate income households.
3. Child Care Facility Criteria. The city shall not be required to provide a density bonus or incentive for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.
L. Student Housing.
1. Student Housing Density Bonus Requirements. In order for a student housing development to be eligible for a density bonus under subsection D.8 of this section, the student housing development must meet the following requirements:
a. All units in the student housing development shall be used exclusively for undergraduate, graduate, or professional students enrolled currently or in the past six months in at least six units at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. The developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the city that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions.
b. 20% of the density bonus units will be used for lower income students.
For purposes of this clause, "lower income students" means students who have a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in paragraph (1) of subdivision (k) of Section 69432.7 of the California Education Code. c. One incentive or concession will be granted for projects that include at least 20% of the total units for lower income students in a student housing development. If a project includes at least 23% of the total units for lower income students in a student housing project, the applicant shall instead receive two incentives or concessions.
d. The rent provided in the applicable units of the development for lower income students shall be calculated at 30% of 65% of the area median income for a single-room occupancy unit type.
e. The development will provide priority for the applicable affordable units for lower income students experiencing homelessness.
22 2. Definition of Units. For purposes of calculating a density bonus granted for a student housing development, the term "unit" means one rental bed and its pro rata share of associated common area facilities.
M. Shared Housing.
1. Shared Housing Density Bonus Requirements. In order for a shared housing development to be eligible for a density bonus under subsection D.1, D.2, D.4 or D.9, of this section, the shared housing development must meet the following requirements:
a. Shared-housing building is defined as a residential or mixed-use structure with five or more housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. b. A shared housing building may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25% of the floor area of the shared housing building. c. A shared housing building may include incidental commercial uses, provided that those commercial uses are otherwise allowable and are located only on the ground floor or the level of the shared housing building closest to the street or sidewalk of the shared housing building. d. A "shared housing unit" means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the "minimum room area" specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations) and complies with the definition of "guestroom" in Section R202 of the California Residential Code.
e. Shared housing shall permit the same number of families at the same density as allowed in the zoning district where the property is located subject to all applicable codes relating to building, housing, life safety, health and zoning as would be applied to independent living units located in the same structure.
2. Definition of Units. For purposes of calculating a density bonus granted for a shared housing development, the term "unit" means one shared housing unit and its pro rata share of associated common area facilities.
N. General Guidelines.
1. Location of Bonus Units. As required by California Government Code Section 65915(i), the location of density bonus units within the qualifying housing development may be at the discretion of the developer and need not be in the same area of the project where the units for the lower income households are located as long as the density bonus units are located within the same housing development.
23 2. Preliminary Review. A developer may submit to the community development director a preliminary proposal for the development of housing pursuant to this section prior to the submittal of any formal application for a density bonus. Within 90 days of receipt of a written proposal, the city will notify the housing developer in writing of either: (a) any specific requirements or procedures under this section, which the proposal has not met; or (b) the proposal is sufficient for preparation of an application for density bonus.
3. Infrastructure and Supply Capacity. Criteria to be considered in analyzing the requested bonus will include the availability and capacity of infrastructure (water, sewer, road capacity, etc.) and water supply to accommodate the additional density.
O. Findings for Approval for Density Bonus and/or Incentive(s).
1. Density Bonus Approval. The following finding shall be made by the approving authority in order to approve a density bonus request:
a. The density bonus request meets the requirements of this section.
2. Density Bonus Approval with Incentive(s). The following findings shall be made by the approving authority in order to approve a density bonus and incentive(s) request:
a. The density bonus request meets the requirements of this section; b. The incentive is required in order to provide affordable housing; and c. Approval of the incentive(s) will have no specific adverse impacts upon health, safety, or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to very low, low, and moderate income households.
3. Denial of a Request for an Incentive(s). The approving authority shall make at least one of the following findings prior to disallowing an incentive (in the case where an accompanying density bonus may be approved, or in the case of where an incentive(s) is requested for senior housing or child care facility):
a. That the incentive is not necessary in order to provide for affordable housing costs as defined in subsection S (Definitions) of this section, or for rents for the targeted units to be set as specified in
subsection S (Definitions) of this section.
b. That the incentive would result in specific adverse impacts upon health, safety, or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to very low, low, and moderate income households.
c. That the incentive would be contrary to state or federal law. 24 P. Affordability Requirements.
1. The maximum monthly housing cost for density bonus units, including a monthly allowance for utilities plus rent for rental units or house payments for forsale units, shall be set at or below the rates described below:
a. Density bonus units affordable to very low income households: 30% of 50% of the area monthly median income for Riverside/San Bernardino Counties adjusted by the number of bedrooms according to regulations of the California Department of Housing and Community Development. b. Density bonus units affordable to lower income households: 30% of 60% of the area monthly median income for Riverside/San Bernardino Counties adjusted by the number of bedrooms according to regulations of the California Department of Housing and Community Development.
2. The monthly allowance for utilities shall be the utility allowance calculated by the Department of Housing and Urban Development (HUD) for County Housing Authorities.
3. The monthly house payments for for-sale units described in subsection P.1 of this section includes the sum of principal and interest on a 30 year fixed rate mortgage for 90% of the sales price, loan insurance, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, and the fair share cost for maintenance of amenities owned in common such as landscaping and swimming pools.
4. Housing costs, affordable sales prices, and occupancy requirements, will be governed by a deed restriction which shall take precedence over all other covenants, liens and encumbrances of the property on which the units are constructed.
Q. Affordable Housing Agreement Required.
1. General Requirements. No density bonus pursuant to this section shall be granted unless and until the affordable housing developer, or designee enters into an affordable housing agreement and, if applicable, an equity sharing agreement, with the city or its designee pursuant to and in compliance with this section (Government Code Section 65915(c)). The agreements shall be in the form provided by the city, which shall contain terms and conditions mandated by, or necessary to implement, state law and this section. The affordable housing agreement shall be recorded prior to issuance of a building permit for a rental project or prior to final map recordation for an ownership project which includes a map. The community development director is hereby authorized to enter into the agreements authorized by this section on behalf of the city upon approval of the agreements by the city attorney for legal form and sufficiency.
2. Low or Very Low Income Affordable Housing Component. a. The affordable housing developer of a qualified housing development based upon the inclusion of low income and/or very low income affordable units shall enter into an agreement with the city to maintain the continued 25 affordability of the affordable units for 55 years (for rental units) or 30 years (for for-sale units), or a longer period if required by the construction or mortgage financing assistance program, mortgage insurance program or rental subsidy program (Government Code Section 65915(c)(1)). The agreement shall establish specific compliance standards and specific remedies available to the city if such compliance standards are not met.
The agreement shall specify the number of lower income affordable units by number of bedrooms; standards for qualifying household incomes or other qualifying criteria, such as age; standards for maximum rents or sales prices; the person responsible for certifying tenant or owner incomes; procedures by which vacancies will be filled and units sold; required annual report and monitoring fees; restrictions imposed on lower income affordable units on sale or transfer; and methods of enforcing such restrictions, and any other information that may be required based on the city's review.
b. Rental Units. Rents for the low income and very low income affordable units that qualified the housing development for the density bonus pursuant to this section shall be set and maintained at an affordable rent (Government Code Section 65915(c)(1)). The agreement shall set rents for the lower income density bonus units at an affordable rent as defined in California Health and Safety Code Section 50053, except for developments meeting the criteria of Government Code Section 65915(b)(1)(G), for which rents for all units in the development, including both base density and density bonus units, shall be as follows:
i. The rent for at least 20% of the units in the development shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code.
ii. The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low income housing tax credits from the California Tax Credit Allocation Committee.
c. The agreement shall require that owner-occupied units be made available at an affordable housing cost as defined in Health and Safety Code Section 50052.5.
d. For-Sale Units. Owner-occupied low income and very low income affordable units that qualify the housing development for the density bonus pursuant to this section shall be available at an affordable housing cost (Government Code Section 65915(c)(2)).
i. An applicant shall agree to ensure, and the city, county, or city and county shall ensure, that a for-sale unit that qualified the applicant for the award of the density bonus meets one of the following conditions:
26 (A) The unit is initially sold to and occupied by a person or family of very low, low, or moderate income, as required, and it is offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code and is subject to an equity sharing agreement.
ii. If the unit is not purchased by an income-qualified person or family within 180 days after the issuance of the certificate of occupancy, the unit is purchased by a qualified nonprofit housing corporation that meets all of the following requirements pursuant to a recorded contract that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code:
(A) The nonprofit corporation has a determination letter from the Internal Revenue Service affirming its tax-exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code and is not a private foundation as that term is defined in Section 509 of the Internal Revenue Code.
(B) The nonprofit corporation is based in California.
(C) All of the board members of the nonprofit corporation have their primary residence in California.
iii. The primary activity of the nonprofit corporation is the development and preservation of affordable home ownership housing in California that incorporates within their contracts for initial purchase a repurchase option that requires a subsequent purchaser of the property that desires to resell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser pursuant to an equity sharing agreement or affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower income housing for at least 45 years for owner-occupied housing units and will be sold or resold only to persons or families of very low, low, or moderate income, as defined in Section 50052.5 of the Health and Safety Code.
e. The affordable housing developer of a qualified for-sale housing development based upon a very low- or low-income minimum affordable component shall enter into an equity sharing agreement with the city or the master or non-affordable housing developer. The agreement shall be between the city and the buyer, or between the developer and the buyer if the developer is the seller of the unit. The city shall enforce the equity sharing agreement unless it is in conflict with the requirements of another public funding source or law (Government Code Section 65915(c)(2)). The equity-sharing agreement shall include at a minimum the following provisions:
27 i. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy, as defined in subsection Q.2.d.ii, and its proportionate share of appreciation, as defined in subsection Q.2.d.iii, which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership.
ii. For purposes of this section, the city's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the very low income household, plus the amount of any down payment assistance or mortgage
assistance. If upon resale the market value is lower than the initial market value, the value at the time of the resale shall be used as the initial market value.
iii. For purposes of this subdivision, the city's proportionate share of appreciation shall be equal to the ratio of the city's initial subsidy to the fair market value of the home at the time of initial sale. iv. If the unit is purchased or developed by a qualified nonprofit housing corporation pursuant to subsection Q.2.d.ii(A) the local government may enter into a contract with the qualified nonprofit housing corporation under which the qualified nonprofit housing corporation would recapture any initial subsidy and its proportionate share of appreciation if the qualified nonprofit housing corporation is required to use 100% of the proceeds to promote
homeownership for lower income households as defined by Health and Safety Code Section 50079.5 within the jurisdiction of the local government.
3. Moderate Income Affordable Housing Component.
a. The affordable housing developer of a qualified housing development based upon the inclusion of moderate income affordable units in a common interest development shall enter into an agreement with the city ensuring that:
i. The initial occupants of the moderate-income affordable units that are directly related to the receipt of the density bonus are persons and families of a moderate income household.
ii. The units are offered at an affordable housing cost (Government Code Section 65915(c)(2)). The affordable housing developer of a qualified housing development based upon a moderate income minimum affordable component shall enter into an equity sharing agreement with the city or the master or non-affordable housing developer (Government Code Section 65915(c)(2)). The agreement shall be between the city and the buyer or between the developer 28 and the buyer if the developer is the seller of the unit. The city shall enforce the equity sharing agreement unless it is in conflict with the requirements of another public funding source or law (Government Code Section 65915(c)(2)). The equity sharing agreement shall include at a minimum the following provisions:
(A) Upon resale, the seller of the unit shall retain the value of improvements, the down payment and the seller's
proportionate share of appreciation. The city shall recapture any initial subsidy, as defined in subsection Q.3.a.iv, and its proportionate share of appreciation, as defined in Q.3.a.v, which amount shall be used within five years for any of the purposes described in Health and Safety Code Section
33334.2(e) that promote homeownership (Government Code
Section 65915(c)(2)(A)).
iii. The city's initial subsidy shall be equal to the fair market value of the unit at the time of initial sale minus the initial sale price to the moderate income household, plus the amount of any down
payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, the value at the time of the resale shall be used as the initial market value (Government Code Section 65915(c)(2)(B)).
iv. The city's proportionate share of appreciation shall be equal to the ratio of the city's initial subsidy to the fair market value of the unit at the time of initial sale (Government Code Section 65915(c)(2)(C)).
4. Notwithstanding any other provision of law, a developer shall not sell a unit constructed pursuant to a local inclusionary zoning ordinance that is intended for owner-occupancy by persons or families of extremely low, very low, low, or moderate income to a purchaser that is not a person or family of extremely low, very low, low, or moderate income, except that if an income-qualifying person or family has not purchased such a unit within 180 days of the issuance of the certificate of occupancy a developer may sell the unit to a qualified nonprofit housing corporation that will ensure owner occupancy pursuant to the income limitation recorded on the deed or other instrument defining the terms of conveyance eligibility (Civil Code Section 714.7).
R. Ineligible Projects—Required Replacement of Affordable Units.
1. An applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if:
a. The development is proposed on any property that includes any existing affordable rental dwelling units occupied by lower or very low income households; or
b. If such affordable dwelling units have been vacated or demolished in the five-year period preceding the application; and
29 c. Such affordable dwelling units have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income. However, an applicant may establish eligibility if the proposed housing development replaces those units, and either of the following applies:
i. The proposed housing development, in addition to the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in subsection E of this section,
ii. Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.
2. The number and type of required replacement units shall be determined as follows:
a. For a development containing any occupied dwelling units, the development must contain at least the same number of replacement dwelling units, of equivalent size and bedrooms, and must be made affordable to and occupied by persons and families in the same or a lower income category as the occupied dwelling units. For unoccupied dwelling units in the development, the replacement dwelling units shall be made affordable to and occupied by persons and families in the same or lower income category as the last household in occupancy. If the income category of the last household is unknown, it is presumed, unless proven otherwise, that the dwelling units were occupied by lower income renter households in the same proportion of lower income renter households to all renter households within Riverside/San Bernardino Counties as determined by the California Department of Housing and Community Development, and replacement dwelling units shall be provided in that same percentage.
b. If all of the dwelling units are vacant or have been demolished within the five years preceding the application, the development must contain at least the same number of replacement dwelling units, of equivalent size and bedrooms, as existed at the high point of those units in the five-year period preceding the application, and must be made affordable to and occupied by persons and families in the same or a lower income category as those in occupancy at that same time. If the income categories are unknown for the high point, it is presumed, unless proven otherwise, that the dwelling units were occupied by very low income and low income renter households in the same proportion of very low income and low income renter households to all renter households within Riverside/San Bernardino Counties as determined by the California Department of Housing and Community Development, and replacement dwelling units shall be provided in that same percentage.
S. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 30 "Approving authority" is as defined in the Moreno Valley Municipal Code Title 9, Zoning Section 9.02.030.
"Child day care facility" means a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child day care facilities include day care centers, employer-sponsored child care centers, and family day care homes.
"Density bonus" is defined as an increase in density over the otherwise maximum allowable residential density under the applicable general plan designation as of the date of filing of an application for density bonus with the city or, if elected by the applicant, a lesser percentage of density increase. A density bonus request shall be considered as a component of a qualified housing development. "Development standard" includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an on-site openspace requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation that is adopted by the local government or that is enacted by the local government's electorate exercising its local initiative or referendum power, whether that power is derived from the California Constitution, statute, or the charter or ordinances of the local government. "Housing development" is defined as a development project for five or more residential units, including mixed-use developments, constructed within a parcel. For the purposes of this section, "housing development" also includes a subdivision or common interest development as defined in Section 4100 of the Civil Code and consists of residential units or unimproved residential lots. A density bonus shall be permitted in geographic areas of the housing development other than the areas where the affordable units are located, so long as the density bonus units are located on the same parcel. "Incentive" is defined as a reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission. An incentive can be requested by the applicant for purposes of reducing the cost of development to make the project financially feasible. The term "incentive" includes the term "concession" as that term is used in California Government Code Sections 65915 through 65918.
"Located within one-half mile of a major transit stop" means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop. "Lower income" is defined as less than 80% of the area median income, as defined by Section 50079.5 of the California Health and Safety Code. 31 "Lower income unit" is defined as a unit with an affordable rent or payment that does not exceed 30% of 60% of area median income adjusted for family size appropriate for the unit.
"Major transit stop" is defined as a site containing any of the following: (a) an existing rail or bus rapid transit station; (b) a ferry terminal served by either a bus or rail transit service; or (c) the intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods.
"Maximum allowable residential density" or "base density" means the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, means the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. Density shall be determined using dwelling units per acre.
However, if the applicable zoning ordinance, specific plan, or land use element of the general plan does not provide a dwelling-units-per-acre standard for density, then the local agency shall calculate the number of units by:
1. Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open-space requirements, minimum percentage or square footage of any nonresidential component, and parking requirements, unless not required for the base project. Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation. A developer may provide a base density study and the local agency shall accept it, provided that it includes all applicable objective development standards;
2. Maintaining the same average unit size and other project details relevant to the base density study, excepting those that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study.
"Moderate income" is defined as less than 120% of the area median income, as defined in Section 50093 of the California Health and Safety Code. "Moderate income unit" is defined as a unit with an affordable rent or payment that does not exceed 35% of 120% of area median income adjusted for family size appropriate for the unit.
"Natural or constructed impediments" include, but are not limited to, freeways, rivers, mountains, and bodies of water, but do not include residential structures, shopping centers, parking lots, or rails used for transit.
"Student housing development" is defined as a development that contains bedrooms with two or more bedspaces that have a shared or private bathroom, access to a shared or private living room and laundry facilities, and access to a shared or private kitchen. "Unobstructed access to a major transit stop" means a resident is able to access the major transit stop without encountering natural or constructed impediments. 32 "Very low income" is defined as less than 50% of the area median income, as defined in Section 50105 of the California Health and Safety Code. "Very low income unit" is defined as a unit with an affordable rent or payment that does not exceed 30% of 50% of the area median income, adjusted for family size appropriate for the unit.
T. Interpretation. If any portion of this section conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with State Density Bonus Law. § 9.03.070. Streamlined ministerial approval process (Senate Bill 423, formerly SB 35).
A. Purpose and Intent. This section is adopted pursuant to the provisions of Senate Bill 423 (SB 423), 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 423 has been designed to help address the state's continuing housing crisis. (SB 423 has extended the sunset date of SB 35 to January 1, 2036) 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 423 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 423 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 2040 General Plan, plus any applicable density bonus.
3. Affordability Requirement. If more than 10 residential units are proposed, at least 10% of the project's total units must be dedicated as affordable to households making below 80% 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. Fifty-five years for rental units.
b. Forty-five years for homeownership units.
33 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% of the site's perimeter must adjoin parcels developed with urban uses.
5. The project must be located on a site that satisfies any of the following:
a. The site is zoned for residential use or residential mixed-use development. b. The site has a general plan designation that allows residential use or a mix of residential and nonresidential uses.
c. The site is zoned for office or retail commercial use and meets the requirements of California Government Code Section 65852.24.
6. At least two-thirds of the square footage of the development is designated for residential use. Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law in Section 65915 shall be included in the square footage calculation. The square footage of the development shall not include underground space, such as basements or underground parking garages.
7. 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 Section
9.03.050 (Density bonus program for affordable housing) are deemed consistent with objective standards.
8. 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.
9. 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.
10. 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:
34 (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.
11. The development must be located on a property that is not within a coastal zone, prime farmland, wetlands, a 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.
12. Projects may be located within a high or very high fire hazard severity zone as indicated on maps adopted by the California Department of Forestry and Fire Protection (CAL FIRE). However, within a very high fire severity zone and the statutorily defined state responsibility area, the local jurisdiction must have adopted specified fire hazard mitigation measures applicable to the site for a project to be eligible for the streamlined ministerial process.
13. 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.
14. 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 423 Preliminary Application that includes all of the information described in Section 65941.1.
2. Scoping Consultation. Upon receipt of a notice of intent, the City will engage in a scoping consultation with any California Native American tribe traditionally and culturally affiliated with the geographic area, according to the timelines and procedures established by state law. After concluding the scoping consultation, the applicant will be notified as follows:
a. If it is either determined that no potential tribal cultural resource could be affected by the proposed development or if all parties and the property owner enter into an agreement establishing the methods, measures, and conditions for treatment of the tribal cultural resource, the applicant may submit an application for review.
b. If it is determined that a potential tribal cultural resource could be affected by the proposed development, and all parties or the property owner do not reach an agreement on methods, measures, and conditions to avoid or address impacts to tribal cultural resources, the development shall not be 35 eligible for the streamlined, ministerial approval process.
3. Review of Applications. After the scoping consultation is deemed to be concluded, and if the project is eligible, the applicant may submit an application for review pursuant to Chapter 9.02, Permits and Approvals, for initial determination whether the project meets the remaining criteria for approval in compliance with Government Code Section 65913.4.
4. If the development is in a moderate resource area, low resource area, or an area of high segregation and poverty, as determined by the most recent “CTCAC/HCD Opportunity Map” published by the California Tax Credit Allocation Committee, a public meeting is required to be held within 45 days of receiving a notice of intent before the applicant submits an application for the proposed development.
The public meeting must be held at a regular city council meeting, subject to the Brown Act.
5. 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 30 days 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 36 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 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 423 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 EH 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 423 project is required to provide one parking space per residential unit. Furthermore, the city shall not impose any parking requirements 37 for qualifying projects if any of the following instances are present:
1. The development is located within one-half mile of the transit.
2. The development is located within an architecturally and historically significant historic district.
3. When on-street parking permits are required but not offered to the development's occupants.
4. 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.
5. Mixed-use projects must provide parking for the commercial component of the development as required by Section 9.11.040 (Off-street parking requirements).
K. The expiration dates for projects approved under SB 35 are as follows [Govt Code Section 65913.4(f)(2)]:
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 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.
"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 38 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.
"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, and any current or former public park that is surrounded by other urban uses, and a parking lot or structure. Parcels that are only separated by a street or highway shall be considered adjoined.
§ 9.03.100 Objective design standards
Multiple-Family and Mixed-Use Residential Developments. Any housing development project that, pursuant to state law, requires ministerial approval or streamlined review, or where the housing development project is subject to discretionary review, but a specific plan does not otherwise set forth objective design standards applicable to the project, shall comply with the City of Moreno Valley Objective Design Standards for MultipleFamily and Mixed-Use Residential Developments. § 9.04.050. Affordable housing in commercial zones.
A. Purpose and Intent. This section is adopted pursuant to the provisions of Assembly Bill 2011, known as the "Affordable Housing and High Road Jobs Act of 2022," and Senate Bill 6, known as the "Middle Class Housing Act of 2022." The bills have been designed to help address the state's continuing housing crisis.
B. Applicability. This section establishes clear eligibility criteria for the use of commercial-zoned properties for multiple-family developments.
1. SB 6 projects are permitted in zoning districts where office, retail, or parking is a principally permitted use; and
2. AB 2011 mixed-income housing projects are permitted in zoning districts where office, retail, or parking is a principally permitted use; and
3. AB 2011 100% affordable housing projects are permitted in zoning districts where office, retail, or parking is a principally permitted use.
C. Application and Processing.
39 1. SB 6 projects are processed as plot plan applications. Authority for approval of plot plans shall be vested with the planning commission. Plot plan applications shall be subject to major development review procedures pursuant to Section
9.02.030 of Chapter 9.02 (Permits and Approvals).
2. If the “SB 6” housing development project proposes to utilize the provisions of Subsection (H) of this Section, the development application shall be processed as a ministerial action in accordance with Government Code Section 65913.4 and acted upon by the approval body with authority to approve the development within the timelines prescribed by Government Code Section 65913.4.
3. AB 2011 mixed-income housing projects and AB 2011 100% affordable housing projects that meet all the requirements of this section shall be ministerial and reviewed and processed with a plot plan application, subject to conditions of approval.
4. Certain projects processed under AB 2011 are exempt from the California Environmental Quality Act (CEQA), as set forth in AB 2011.
D. Site and Project Criteria for SB 6 Projects. All projects must be multiple-family housing developments or mixed-use with at least 50% of the square footage dedicated to residential use located within an urbanized area or urban cluster (designated by the US Census Bureau) and in zoning districts where office, retail, or parking are principally permitted uses. Additional criteria required as follows:
1. The project must meet specified density requirements of at least 30 units/acre. (Section 65852.24(b)(1), Section 65583.2(c)(3)(B).)
2. The “SB 6” housing development project is not proposed on a site larger than twenty (20) gross acres, unless the site is a regional mall, in which case it shall not exceed one hundred (100) gross acres.
3. The “SB 6” housing development project is located on a legal parcel(s).
4. The “SB 6” housing development project is not proposed on or adjoining a site where more than one-third (1/3) of the square footage is dedicated to industrial use.
5. Meets specified objective local requirements. (Section 65852.24(b)(5).)
6. The “SB 6” housing development project shall comply with all the applicable objective design standards, as described in Chapter 9.03.100 (Objective design standards - Multiple-Family and Mixed-Use Residential Developments).
7. Mixed-use developments consisting of residential and nonresidential retail, commercial, or office uses are required to have at least 50% of the square footage of the new construction associated with the project designated for residential use. None of the square footage of any such development shall be designated for a hotel, motel, bed, and breakfast inn, or other transient lodging use, except for a residential hotel.
40 8. The housing development shall comply with any public notice, comment, hearing, or other procedures imposed by the local agency on a housing development in the applicable zoning designation.
9. Affordable Housing Requirements. The “SB 6” housing development project shall comply with Moreno Valley affordable housing requirements and the following: Notwithstanding the foregoing, if a “SB 6” housing development project is proposed to utilize the provisions of both Government Code Section 65852.24 (“SB 6”) and Government Code Section 65913.4 (“SB 423”), the “SB 6” housing development project shall comply with the affordable housing requirements set forth in Government Code Section 65913.4 (“SB 423”).
E. Labor Requirements. The development proponent for the “SB 6” housing development project shall comply with all applicable requirements, such as, but not limited to, prevailing wage and skilled and trained workforce, of paragraphs 8 and 9 of subdivision (b) of Government Code Section 65852.24, and as amended.
1. The development proponent shall submit a signed affidavit to the Community Development Director, or designee, attesting to compliance with these requirements, as a condition of project approval.
2. If the project is found to be in violation of these requirements, the Community Development Director, or designee, may suspend building permits, withhold certificates of occupancy, and halt all administrative processing of related entitlements until the violation is resolved or appealed.
F. No Short-Term Rentals. The development proponent for the “SB 6” housing development project shall record a restrictive covenant and agreement in a form prescribed by the City Attorney, which shall run with the land and provide for a requirement that any dwelling units on the property shall be rented or leased for a period longer than thirty (30) days, pursuant to subdivision (d) of Government Code Section 65852.24.
G. Commercial Tenant Notice and Relocation Assistance Requirements. If the “SB 6” housing development project is proposed on a site where there is one or more commercial tenant(s) occupying the site at the time an application is submitted for the “SB 6” housing development project, the development proponent shall comply with all applicable requirements of subdivision (c) of Government Code Section 65852.24.
H. Eligibility and Limitations for “SB 6” Housing Development Projects Utilizing Streamlining Provisions of Government Code Section 65913.4. If a “SB 6” housing development project is proposed utilizing the provisions of both Government Code Section 65852.24 (“SB 6”) and Government Code Section 65913.4 (“SB 423”), the “SB 6” housing development project shall be exempt from discretionary review as well as the provisions of the California Environmental Quality Act (CEQA), provided it meets the following.
41 1. Eligibility. The “SB 6” housing development project shall demonstrate that it meets the qualifying criteria in Section 9.04.050.D of this Chapter and Government Code Section 65913.4.
2. Ineligibility. Notwithstanding Government Code Section 65913.4, a “SB 6” housing development project shall not be eligible for streamlining pursuant to Government Code Section 65913.4 if the “SB 6” housing development project is proposed on either:
a. A site that has previously been developed pursuant to Government Code Section 65913.4 with a project of 10 units or fewer.
b. A site where the developer of the “SB 6” housing development project or any person acting in concert with the developer has previously proposed a project pursuant to Government Code Section 65913.4 of 10 units or fewer on the same or an adjoining site.
3. The development proponent shall submit an “SB 423” application to demonstrate eligibility and file a preliminary planning application for a notice of intent to request streamlining pursuant to Government Code Section 65913.4.
I. “SB 6” Housing Development Projects Utilizing Provisions of Government Code Section 65915. To request any density bonus, incentives, concessions, waivers, or parking reductions pursuant to Government Code Section 65915 and Chapter
9.03.050 (Density bonus program for affordable housing), the “SB 6” housing development project shall submit a density bonus report demonstrating compliance with all applicable requirements.
J. Site and Project Criteria for “AB 2011 Mixed-Income” Housing Development Projects under Government Code Sections 65912.120, et seq. All projects must be multiplefamily housing developments located within an urbanized area or urban cluster (designated by the US Census Bureau) and in zoning districts where office, retail, or parking are principally permitted uses. Additional criteria required as follows:
1. The “AB 2011 Mixed-Income” housing development project is not proposed on a site that is larger than twenty (20) gross acres, except if the housing development project is proposed on a site that is a regional mall, then the site shall not be greater than one hundred (100) gross acres.
2. The site on which the “AB 2011 Mixed-Income” housing development project is proposed abuts a commercial corridor and has a frontage along the commercial corridor of a minimum of fifty (50) feet.
3. The “AB 2011 Mixed-Income” housing development project is proposed on a site where at least seventy-five percent (75%) of the site is adjoining parcels developed with urban uses. For the purposes of this subdivision, parcels that are only separated by a street, pedestrian path, or bicycle path shall be considered adjoining.
4. The “AB 2011 Mixed-Income” housing development project must meet the following affordability criteria by providing:
42 a. For rental projects, eight percent very low income and five percent extremely low income affordable units; or
i. Fifteen percent (15%) is affordable for lower-income households. (Section 65912.122(a).)
ii. All affordable units must have a recorded deed restriction for 55 years. b. For owner-occupied housing:
i. Thirty percent (30%) of units offered as affordable to moderate-income households; or
ii. Fifteen percent (15%) of units are offered as affordable to lower-income households. (Section 65912.122(b).)
iii. All affordable units must have a recorded deed restriction for 45 years.
5. The “AB 2011 Mixed-Income” housing development project shall comply with all the applicable objective design standards, as described in Chapter 9.03.100 (Objective design standards - Multiple-Family and Mixed-Use Residential Developments) of the MVMC.
6. The “AB 2011 Mixed-Income” housing development project is located on a legal parcel(s).
7. The “AB 2011 Mixed-Income” housing development project is not proposed to be on or adjoining a site where more than one-third (1/3) of the square footage of the site is dedicated to industrial use.
8. The development proponent for the “AB 2011 Mixed-Income” housing development project shall complete, as a condition of approval, a Phase I environmental assessment (as defined in Health & Safety Code Section 25319.1) and any subsequent environmental review and remediation, prepared by a qualified environmental professional, as required by subdivision (k) of Government Code Section 65912.124, and as amended.
9. The “AB 2011 Mixed-Income” housing development project is proposed on a site that satisfies the requirements specified in paragraph (6) of subdivision (a) of Government Code Section 65913.4, exclusive of clause (iv) of subparagraph (A) of paragraph (6) of subdivision (a) of Government Code Section 65913.4.
10. If the “AB 2011 Mixed-Income” housing development project is proposed on a site where there are commercial tenants at the time of submission of the application, the development proponent shall comply with all relocation assistance requirements pursuant to Government Code Section 65912.123(h)(2), and as amended.
11. The “AB 2011 Mixed-Income” housing development project is not proposed on a site that would require the demolition of any of the following:
a. Housing subject to recorded covenant, ordinance or law that restricts rents to levels affordable to moderate-, low-, or very low-income households; 43 b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power;
c. Housing that has been occupied by tenants in the last ten (10) years, excluding manager’s units; or
d. A historic structure that is listed on the National Register of Historic Places, California Register of Historic Places, or Moreno Valley Landmark/Historic Property.
e. The “AB 2011 Mixed-Income” housing development project is not proposed on a site that was previously used for permanent housing that was occupied by tenants, excluding any manager’s units, that was demolished within ten (10) years before the date that the “AB 2011 Mixed-Income” housing development project application was submitted.
f. The “AB 2011 Mixed-Income” housing development project is not proposed on a site that currently contains one (1) to four (4) dwelling units. g. The “AB 2011 Mixed-Income” housing development project is not proposed on a site that is currently or was previously governed by any of the following:
1. Mobilehome Residency Law (codified at California Civil Code Sections 798, et seq.);
2. Recreational Vehicle Park Occupancy Law (codified at California Civil Code Sections 799.20, et seq.);
3. Mobilehome Parks Act (codified at California Health & Safety Code Sections 18200, et seq.); or
4. Special Occupancy Parks Act (codified at California Health & Safety Code Sections 18860, et seq.).
12. An “AB 2011 Mixed-Income” housing development project shall not be proposed on a site that is vacant if any of the following are true at the time that the application is submitted:
a. Located on a site within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code or as designated pursuant to subdivisions (a) and (b) of Section 51179.
b. Located on a site that is zoned for housing but not for multifamily residential use.
c. Located on a site that contains tribal resources, as defined in California Public Resources Code Section 21074, that could be affected by the “AB 2011 Mixed-Income” housing development project that were found pursuant to a consultation as described in Public Resources Code Section 21080.3.1 and the effects of which cannot be mitigated pursuant to the process in Public Resources Code Section 21080.3.2.
44 13. All “AB 2011 Mixed-Income” housing development projects shall record a restrictive covenant and agreement in a form prescribed by the City Attorney, which shall run with the land and provide for a requirement that any dwelling units on the property shall be rented or leased for a period longer than thirty (30) days, pursuant to subdivision (d) of Government Code Section 65852.24.
14. Where applicable, the development proponent for the “AB 2011 Mixed-Income” housing development project shall comply with the requirements of replacement housing law pursuant to Government Code Section 66300.5 and 66300.6, and as amended.
15. “AB 2011 Mixed-Income” housing development projects requesting any density bonus, incentives, concessions, waivers, or parking reductions pursuant to Government Code Section 65915 and Chapter 9.03.050 (Density bonus program for affordable housing) shall submit a density bonus report demonstrating compliance with all applicable requirements.
K. “AB 2011 Mixed-Income” Development Standards. An “AB 2011 Mixed-Income” housing development project under Government Code Sections 65912.120, et seq., as amended, shall comply with all the following:
1. Multifamily Residential Development. The “AB 2011 Mixed-Income” housing development project must propose to construct at least five (5) residential dwelling units.
2. Maximum Allowable Density. The maximum allowable residential density on a site on which the “AB 2011 Mixed-Income” housing development project is proposed shall be established as follows:
a. “Density” shall refer to the total number of dwelling units permitted per net acre.
b. Residential density shall be calculated prior to applying any density bonus in accordance with Chapter 9.03.050 (Density bonus program for affordable housing).
c. The maximum allowable density shall be determined based on the site size, as specified in 9.04.050.K.c.1 - Table 1, Maximum Allowable Density.
9.04.050.K.c.1 - Table 1: Maximum Allowable Density
Site Size Maximum Allowable
Density
Site less than one (1) acre. 30 dwelling units/net acre.
Site greater than one (1) acre
and commercial corridor right-ofway less than 100 feet. 40 dwelling units/net acre.
45 Site greater than one (1) acre
and commercial corridor right-ofway greater than 100 feet. 60 dwelling units/net acre.
For sites within one-half mile of
a major transit stop.
80 dwelling units/net acre.
L. Minimum Required Density. A proposed “AB 2011 Mixed-Income” housing development project shall meet the following minimum density requirements, as applicable:
1. Determined Consistent before January 1, 2027. If the “AB 2011 Mixed-Income” housing development project is determined to be consistent with objective planning standards before January 1, 2027, the “AB 2011 Mixed-Income” housing development project shall be developed to meet the minimum required density as follows:
a. Fifty percent (50%) or greater of the applicable maximum allowable residential density pursuant to Section 9.040.050.K.2 of this Chapter. b. If the site is within one-half (½) mile of an existing passenger rail or bus rapid transit station, seventy-five percent (75%) or greater of the applicable maximum allowable residential density pursuant to Section 9.040.050.K.2 of this Chapter.
2. Determined Consistent on or after January 1, 2027. If the “AB 2011 MixedIncome” housing development project is determined to be consistent with the objective planning standards on or after January 1, 2027, the “AB 2011 MixedIncome” housing development project shall be developed at a density that is seventy-five percent (75%) or greater of the allowable maximum allowable residential density, pursuant to Section 9.040.050.K.2 of this Chapter, regardless of location.
3. Exemption for Conversions of Existing Buildings. If the “AB 2011 Mixed-Income” housing development project is proposing to convert an existing building into residential use, it is not subject to any density limitations, except if the housing development project proposes more than twenty percent (20%) additional new square footage then the housing development project shall be subject to the density limitation in Section 9.040.050.L.2 (1) and (2) of this Chapter.
M. Height Requirements. The height for an “AB 2011 Mixed-Income” housing development project shall be the greater of the following:
1. The height currently permitted on the parcel.
2. For a site on a commercial corridor of less than 100 feet in width, the maximum height shall be no greater than thirty-five (35) feet.
46 3. For a site on a commercial corridor equal to or greater than 100 feet in width, the maximum height shall be no greater than forty-five (45) feet.
4. For sites within one-half mile of a major transit stop, sixty-five (65) feet.
N. Setback Requirements. The “AB 2011 Mixed-Income” housing development project shall meet the following setbacks:
1. For the portion of a property that fronts a commercial corridor:
a. The ground floor of any building shall be set back a minimum of ten (10) feet from the property line along the commercial corridor for at least eighty percent (80%) of the frontage. No setback shall be required for the remaining twenty percent (20%) of the frontage.
b. All parking areas must be set back at least twenty-five (25) feet from the property line along the commercial corridor.
2. For any portion of the site that does not abut or lie within a commercial corridor, or a property that also abuts the same commercial corridor as the site, but abuts a property that contains a residential use, the following shall occur:
a. The ground floor of the “AB 2011 Mixed-Income” housing development project shall be set back ten (10) feet, unless a lesser setback requirement is permitted by the development standards of an applicable zoning district or by a specific plan. b. Starting with the second floor of the “AB 2011 Mixed-Income” housing development project, each subsequent floor shall be stepped back in an amount equal to seven (7) feet multiplied by the floor number unless a lesser stepback requirement is permitted by the development standards of an applicable zoning district or by a specific plan. For the purposes of this paragraph, the ground floor is the first floor.
O. Parking Requirements. No vehicle parking shall be required as part of the proposed “AB 2011 Mixed-Income” housing development project, except that the housing development project shall comply with all the requirements for bicycle parking, electric vehicle supply equipment, installed parking spaces, and parking spaces that are accessible to persons with disabilities pursuant to MVMC Section 9.11.040, Off-street parking requirements, and California Building Code.
P. Open Space Requirements. If the “AB 2011 Mixed-Income” housing development project proposes to convert an existing nonresidential use to a residential use, the “AB 2011 Mixed-Income” housing development project shall not be required to provide common open space beyond what is required for the existing project site. 47 Q. Proximity to Freeway. For any housing units within the proposed “AB 2011 Mixed Income” housing development project on the site that is located within five hundred (500) feet of a freeway, all of the following requirements shall apply:
1. The building shall have a centralized heating, ventilation, and air-conditioning system,
2. The outdoor air intakes for the centralized heating, ventilation, and air-conditioning system shall face away from the freeway,
3. The building shall provide air filtration media for outside and return air that provide a minimum efficiency reporting value (MERV) of sixteen (16),
4. The air filtration media shall be replaced at the manufacturer’s designated interval, and
5. The building shall not have any balconies facing the freeway.
R. Standards for “AB 2011 Mixed Income” Housing Development Projects on Regional Mall Sites. Any “AB 2011 Mixed-Income” housing development projects that are proposed within the boundaries of a regional mall shall meet the following standards:
1. Block Size. The average size of a block within the “AB 2011 Mixed-Income” housing development project shall not exceed three (3) acres.
2. Building Frontage on New Streets. For any portion of the property that fronts a street that is newly created by the “AB 2011 Mixed-Income” housing development project and that is not a commercial corridor, buildings shall abut within ten (10) feet of the street for at least sixty percent (60%) of the frontage.
3. Open Space Requirements. Notwithstanding the requirements in Section
9.04.050.P of this Chapter, at least five percent (5%) of the site shall be dedicated to open space.
S. Characteristics of Affordable Units. The affordable units within the “AB 2011 Mixed Income” housing development project shall comply with all the following requirements and the standards in MVMC Chapter 9.03.050 (Density bonus program for affordable housing):
1. Affordable units shall reflect the same proportion of bedroom and bathroom count as the market-rate units.
2. Affordable units shall be dispersed throughout the “AB 2011 Mixed-Income” housing development project as specified in MVMC Chapter 9.03.050 (Density bonus program for affordable housing).
3. Affordable units shall have the same type or quality of appliances, fixtures, and finishes as those provided in the market-rate units.
4. Occupants of the affordable units shall have equal access to the common 48 entrances, common areas, and shared amenities, including but not limited to common open space, parking, storage, and other facilities available to marketrate unit occupants.
T. Labor Requirements. The development proponent for the “AB 2011 Mixed Income” housing development project shall comply with all applicable labor requirements of Government Code Section 65912.130, and as amended. In addition to Government Code Section 65912.130, the following shall apply.
1. If an “AB 2011 Mixed-Income” housing development project proposes to construct at least fifty (50) total units, the “AB 2011 Mixed-Income” housing development project shall additionally comply with the requirements of Government Code Section 65912.131, including, the submittal of a signed affidavit to the Community Development Director, or designee, attesting to compliance with these requirements, as a condition of project approval.
2. If the project is found to be in violation of these requirements, the Community Development Director, or designee, may suspend building permits, withhold certificates of occupancy, and halt all administrative processing of related entitlements until the violation is resolved or appealed.
U. Site and Project Criteria for “AB 2011 100-Percent Affordable” Housing Development Projects under Government Code Sections 65912.110, et seq. All projects must be multiple-family housing developments located within an urbanized area or urban cluster (designated by the US Census Bureau) and in zoning districts where office, retail, or parking are principally permitted uses. Additional criteria required as follows:
1. The required minimum density of an “AB 2011 100-Percent Affordable” housing development project is thirty (30) dwelling units per acre.
2. The “AB 2011 100-Percent Affordable” housing development project is located on a legal parcel(s).
3. The “AB 2011 100-Percent Affordable” housing development project must propose to construct at least five (5) residential dwelling units.
4. The “AB 2011 100-Percent Affordable” housing development project shall comply with all the applicable objective design standards, as described in Chapter
9.03.100 (Objective design standards - Multiple-Family and Mixed-Use Residential Developments) of the MVMC.
5. All other objective zoning, subdivision, and design standards applicable to the “AB 2011 100-Percent Affordable” housing development project shall be pursuant to MVMC Chapter 9.03.040 (Residential site development standards) for the Residential 30 (R30) zoning district.
6. The “AB 2011 100-Percent Affordable” housing development project is proposed on a site where at least seventy-five percent (75%) of the site is adjoining parcels 49 developed with urban uses. For the purposes of this subdivision, parcels that are only separated by a street, pedestrian path, or bicycle path shall be considered adjoining.
7. The “AB 2011 100-Percent Affordable” housing development project is not proposed to be on or adjoining a site where more than one-third (1/3) of the square footage is dedicated to industrial use.
8. The “AB 2011 100-Percent Affordable” housing development project is proposed on a site that satisfies the requirements specified in paragraph (6) of subdivision (a) of Government Code Section 65913.4, exclusive of clause (iv) of subparagraph (A) of paragraph (6) of subdivision (a) of Government Code Section 65913.4.
9. An “AB 2011 100-Percent Affordable” housing development project is ineligible if it requires the demolition of a historic structure on a national, state, or local historic register.
10. The “AB 2011 100-Percent Affordable” housing development project is not proposed on a site that is currently or was previously governed by any of the following:
a. Mobilehome Residency Law (codified at California Civil Code Sections 798, et seq.);
b. Recreational Vehicle Occupancy Law (codified at California Civil Code Sections 799.20, et seq.);
c. Mobilehome Parks Act (codified at Health & Safety Code Sections 18200, et seq.); or
d. Special Occupancy Parks Act (codified at Health & Safety Code Sections 18860, et seq.).
11. The An “AB 2011 100-Percent Affordable” housing development project shall not be proposed on a site that is vacant, if any the following are true at the time that the application is submitted:
a. Located on a site within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code or as designated pursuant to subdivisions (a) and (b) of Section 51179.
b. Located on a site that contains tribal resources, as defined in California Public Resources Code Section 21074, that could be affected by the “AB 2011 100-Percent Affordable” housing development project that were found pursuant to a consultation as described in Public Resources Code Section 21080.1 and the effects of which cannot be mitigated pursuant to the process in Public Resources Code Section 21080.3.2.
12. The “AB 2011 100-Percent Affordable” housing development project must meet the following affordability criteria by providing:
50 a. One hundred percent (100%) of the units in a “AB 2011 100-Percent Affordable” housing development project proposed pursuant to this Section, excluding any manager’s unit or units, shall be dedicated to lower-income households at an affordable housing cost or affordable rent. b. Any rental units in the “AB 2011 100-Percent Affordable” housing development project shall be subject to a recorded deed restriction for a period of fifty-five (55) years from certificate of occupancy. Any owneroccupied units in the “AB 2011 100-Percent Affordable” housing development project shall be subject to a recorded deed restriction for a period of forty-five (45) years from certificate of occupancy.
13. The development proponent for the “AB 2011 100-Percent Affordable” housing development project shall complete, as a condition of approval, a Phase I environmental assessment (as defined in Health & Safety Code Section 25319.1) and any subsequent environmental review and remediation, prepared by a qualified environmental professional, as required by subdivision (k) of Government Code Section 65912.124, and as amended.
14. All “AB 2011 100-Percent Affordable” housing development projects shall record a restrictive covenant and agreement in a form prescribed by the City Attorney, which shall run with the land and provide for a requirement that any dwelling units on the property shall be rented or leased for a period longer than thirty (30) days, pursuant to subdivision (d) of Government Code Section 65852.24.
15. Where applicable, the development proponent for the “AB 2011 100-Percent Affordable” housing development project shall comply with the requirements of replacement housing law pursuant to Government Code Section 66300.5 and 66300.6, and as amended.
16. “AB 2011 100-Percent Affordable” housing development projects requesting any density bonus, incentives, concessions, waivers, or parking reductions pursuant to Government Code Section 65915 and Chapter 9.03.050 (Density bonus program for affordable housing) shall submit a density bonus report demonstrating compliance with all applicable requirements.
V. Proximity to Freeway. For any housing units within the proposed “AB 2011 100-Percent Affordable” housing development project on the site that is located within five hundred (500) feet of a freeway, all of the following requirements shall apply:
1. The building shall have a centralized heating, ventilation, and air-conditioning system,
2. The outdoor air intakes for the centralized heating, ventilation, and air-conditioning system shall face away from the freeway,
3. The building shall provide air filtration media for outside and return air that provide a minimum efficiency reporting value (MERV) of sixteen (16),
4. The air filtration media shall be replaced at the manufacturer’s designated interval, and
51 5. The building shall not have any balconies facing the freeway.
W. Labor Requirements. The development proponent for the “AB 2011 100-Percent Affordable” housing development project shall comply with all applicable labor requirements of Government Code Section 65912.130, and as amended. In addition to Government Code Section 65912.130, the following shall apply.
1. If an “AB 2011 100-Percent Affordable” housing development project proposes to construct at least fifty (50) total units, the “AB 2011 100-Percent Affordable” housing development project shall additionally comply with the requirements of Government Code Section 65912.131, including, the submittal of a signed affidavit to the Community Development Director, or designee, attesting to compliance with these requirements, as a condition of project approval.
2. If the project is found to be in violation of these requirements, the Community Development Director, or designee, may suspend building permits, withhold certificates of occupancy, and halt all administrative processing of related entitlements until the violation is resolved or appealed.
X. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. "AB 2011 mixed-income housing projects" shall refer to housing development projects as set forth in AB 2011, Article 2 (Affordable Housing Developments in Commercial Zones), and is intended to refer to such projects which are subject to a streamlined, ministerial review, pursuant to Section 65912.114, subject to satisfying all requisite requirements, as set forth therein. "AB 2011 100% affordable housing project" shall refer to housing development project(s) as set forth in AB 2011, Article 3 (Mixed-Income Housing Developments Along Commercial Corridors) and is intended to refer to such projects which are subject to a streamlined, ministerial review pursuant to Section 65912.124, subject to satisfying all requisite requirements, as set forth therein.
"SB 6 projects" shall refer to housing development project as set forth in SB 6, as codified in Section 65852.24, subject to the streamlined, ministerial approval process, satisfying all requisite requirements therein. "Commercial corridor" means a highway, as defined in Vehicle Code Section 360, that is not a freeway, as defined in Vehicle Code Section 332, and that has a right-of-way, as defined in Vehicle Code Section 525, of at least 70 feet but not greater than 150 feet.
52 "Dedicated to industrial use" means any of the following: (1) square footage is currently being used as industrial use; (2) the site has been occupied within the past three years for an industrial use; or (3) residential uses are not principally permitted on the site.
“Freeway” has the same meaning as defined in Section 332 of the Vehicle Code, except it does not include the portion of a freeway that is an on ramp or off ramp that serves as a connector between the freeway and other roadways that are not freeways.
“Industrial use” means utilities, manufacturing, transportation storage and maintenance facilities, warehousing uses, and any other use that is a source that is subject to permitting by a district, as defined in Section 39025 of the Health and Safety Code, pursuant to Division 26 (commencing with Section 39000) of the Health and Safety Code or the federal Clean Air Act (42 U.S.C.
Sec. 7401 et seq.). For the purposes of AB 2011, it does not include: 1) power substations or utility conveyances such as power lines, broadband wires, and pipes; 2) a use where the only source permitted by a district is an emergency backup generator; or 3) self-storage for the residents of a building. "Multiple-family," as used in this section, means a property with five or more housing units for sale or for rent. There is no requirement that the housing units be attached.
"Prevailing wage" means at least the general prevailing rate or per diem wages for the type of work and the geographic area as determined by the director of industrial relations pursuant to Labor Code Sections 1773 and 1773.9, except apprentices registered in programs approved by the chief of the division of apprenticeship standards may be paid at least the applicable apprentice prevailing rate. The same definition is used in both AB 2011 and SB 6. "Principally permitted use" means a use that may occupy more than one-third of the square footage of designated use on the site and does not require a conditional use permit.
“Regional mall” is defined to include any site that meets all of the following criteria:
a. The permitted uses on the site include at least 250,000 square feet of retail use;
b. At least two-thirds of the permitted uses on the site are retail uses; and c. At least two of the permitted retail uses on the site are 10,000 square feet or more.
"Residential hotel" has the same meaning as defined in Section 50519 of the Health and Safety Code.
53 Y. Interpretation. If any portion of this section conflicts with AB 2011, SB 6, or other applicable state law, state law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with AB 2011 and SB 6. § 9.07.090 - By-Right Floating Housing Overlay (BRFH) zoning district.
A. Purpose. 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)). The development of higher-density housing along key corridors and ensuring a distribution of units that 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.
B. Eligibility. Sites included in the BRFH overlay/combining zoning district are identified on the 2021-29 Housing Element Map 6-4: Commercially Zoned Properties for Housing and shall have a minimum density of thirty units per acre (Residential 30).
C. Development standards. The following development standards shall apply to sites where the BRH overlay/combining zoning district is applied.
1. Residential projects. Sites shall be permitted to develop exclusively as residential uses.
2. Mixed-use projects. Mixed-use projects shall be required to allocate a minimum of fifty percent of the total gross floor area to residential uses.
D. Expedited permit processing. Housing development projects with at least twenty percent (20%) of the units affordable to lower-income households shall be processed in accordance with 65913.4 ("State Streamlined Ministerial Approval Process").
E. Establishment of district. The BRH overlay/combining zoning district shall be established by ordinance. In addition to the procedures and findings set forth in Chapter 9.02.050 (Amendments to zoning districts or other provisions of Title 9), the decision-making body must also find that the project meets the eligibility requirements set forth in Section 9.07.090.B. (Eligibility) and specify the characteristics of the project that were used to make such determination. 54 § 9.09.030. Adult businesses.
A. Purpose. It is the purpose and intent of this section to regulate the operations of adult businesses, which tend to have judicially recognized adverse secondary effects on the community, including, but not limited to, increases in crime in the vicinity of adult businesses; decreases in property values in the vicinity of adult businesses; increases in vacancies in residential and commercial areas in the vicinity of adult businesses; interference with residential property owners' enjoyment of their properties when such properties are located in the vicinity of adult businesses as a result of increases in crime, litter, noise, and vandalism; and deterioration of neighborhoods. Special regulation of these businesses is necessary to prevent these adverse secondary effects and the blighting or degradation of the neighborhoods in the vicinity of adult businesses while at the same time protecting the First Amendment rights of those individuals who desire to own, operate or patronize adult businesses.
It is, therefore, the purpose of this section to establish reasonable and uniform operational standards for adult businesses.
B. Definitions. In addition to any other definitions contained in Chapter 9.15 and elsewhere in the Moreno Valley Municipal Code, the following words and phrases shall, for the purpose of this section, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with the current provisions of the municipal code, these definitions shall prevail. "Adult arcade" means a business establishment to which the public is permitted or invited and where coin or currency, card or slug operated or electronically, electrically or mechanically controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas." Such devices shall be referred to as "adult arcade devices."
"Adult booth/individual viewing area" means a partitioned or partially enclosed portion of an adult business used for any of the following purposes:
1. Where a live or taped performance is presented or viewed, where the performances and/or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas"; or
2. Where "adult arcade" devices are located.
"Adult business" means:
55 1. A business establishment or concern that as a regular and substantial course of conduct operates as an adult retail store, adult motion picture theater, adult arcade, adult cabaret, adult motel or hotel, adult modeling studio; or
2. A business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes "adult oriented material" or "sexually oriented merchandise," or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" but not including those uses or activities which are preempted by state law.
"Adult cabaret" means a business establishment (whether or not serving alcoholic beverages) that features "adult live entertainment."
"Adult hotel/motel" means a hotel or motel that is used for presenting on a regular and substantial basis images through closed circuit television, cable television, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other imageproducing devices that are distinguished or characterized by the emphasis on matter depicting or describing or relating to "specified sexual activities" or "specified anatomical areas."
"Adult live entertainment" means any physical human body activity, whether performed or engaged in, alone or with other persons, including, but not limited to, singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which:
1. The performer (including, but not limited to, topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar performers) exposes to public view, without opaque covering, "specified anatomical areas;" and/or
2. The performance or physical human body activity depicts, describes, or relates to "specified sexual activities" whether or not the specified anatomical areas are covered.
"Adult modeling studio" means a business establishment which provides for any form of consideration, the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays "specified anatomical areas" to be observed, sketched, photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such consideration. "Adult modeling studio" does not include schools maintained pursuant to standards set by the Board of Education of the state of California. "Adult motion picture theater" means a business establishment, with or without a stage or proscenium, where, on a regular and substantial basis and for any form of consideration, material is presented through films, motion pictures, video cassettes, 56 slides, laser disks, digital video disks, holograms, virtual reality devices, or other electronically-generated reproductions that is characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." "Adult oriented material" means accessories, paraphernalia, books, magazines, laser disks, compact discs, digital video disks, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically generated images or devices including computer software, or any combination thereof that is distinguished or characterized by its emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." "Adult oriented material" shall include "sexually oriented merchandise." "Adult retail store" means a business establishment having as a regular and substantial portion of its stock in trade, "adult oriented material." “Child day care facility” means a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child day care facilities include day care centers, employer-sponsored child care centers, and family day care homes.
"Establishment of an adult business" means any of the following:
1. The opening or commencement of any "adult business" (as defined above) as a new business;
2. The conversion of an existing business, whether or not an "adult business," to any "adult business;"
3. The addition of any "adult business" to any other existing "adult business;"
4. The relocation of any "adult business;" or
5. Physical changes that expand the square footage of an existing "adult business" by more than 10%.
"Owner/permit holder" means any of the following:
1. The sole proprietor of an adult business;
2. Any general partner of a partnership that owns and operates an adult business;
3. The owner of a controlling interest in a corporation that owns and operates an adult business; or
4. The person designated by the officers of a corporation to be the permit holder for an adult business owned and operated by the corporation. 57 "Park" means any park, playground, swimming pool, or golf course within the city that is under the city's or the Moreno Valley Community Services District's control, operation and management.
"Performer" means a person who is an employee or independent contractor of an adult business or any other person who, with or without any compensation or other form of consideration, provides adult live entertainment for patrons of an adult business. "Religious institution" means a structure or facility that is used primarily for religious worship and related religious activities.
"Residential zone" means any property within the city which carries a zoning designation permitting the location of a residence, as set forth in the current zoning atlas, as may be amended from time to time. However, this does not include zones where a residence is permitted pursuant to a conditional use permit or other special permit. "Residential zone" also includes Specific Plan 168, Sunnymead Ranch, Specific Plan 193 Moreno Valley Ranch, Specific Plan 195 Hidden Springs, Specific Plan 200 Towngate, and Specific Plan 203 Centerpointe as set forth in the current zoning atlas, as may be amended from time to time.
"School" means any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and/or which is maintained pursuant to standards set by the Board of Education of the state of California. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education under the jurisdiction of the California Department of Education. For the purposes of this section, "school" does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. "Sexually oriented merchandise" means sexually oriented implements, paraphernalia, or novelty items, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." "Specified anatomical areas" means and includes any of the following:
1. Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct, even if completely and opaquely covered:
a. Human genitals, pubic region;
b. Buttocks, anus; or
58 c. Female breasts below a point immediately above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
"Specified sexual activities" means and include any of the following:
1. Simulated sexual intercourse; and/or
2. Human genitals in a state of sexual stimulation or arousal; and/or
3. Acts of human masturbation, sexual stimulation or arousal; and/or
4. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or
5. Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, or bondage and/or restraints; and/or
6. Human excretion, urination, menstruation, vaginal or anal irrigation; and/or
7. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.
C. Locational Restriction—Distance From Sensitive Uses.
1. In addition to the requirements of this section, no adult businesses shall be established or located in any area in the city other than in a zoning district indicated by an "A" in the Adult Business category of the Permitted Uses Table
9.02.020-1 of this title.
2. In those zoning district(s) where the adult businesses regulated by this section would otherwise be permitted uses, it shall be unlawful to establish any adult business if the location is:
a. Within 500 feet of any existing residential zone, park, religious establishment, school, or child day care facility. The distances set forth above shall be measured from the nearest property line of the facility or tenant space housing the adult business or the proposed adult business, and the nearest property line included within the residential zone, park, religious establishment, school or child day care facility, along a straight line extended between the two points.
b. Within 1,000 feet of any other adult business. The distance between any two adult businesses shall be measured from the nearest property line of the facility or tenant space housing such use or proposed use to the nearest straight line distance to the property line of the proposed use. 59 3. No building permit or zoning clearance, business tax receipt, adult business use permit, or other permit or entitlement for use shall be legally valid if issued to any adult business proposed to operate or to be established in the city unless the zoning and locational requirements set forth above are satisfied.
D. Adult Business Use Permit Required. All adult businesses that meet the zoning and locational requirements set forth in this section are also subject to the adult business use permit requirements of this section as well as all other applicable ordinances of the city and laws of the state of California.
1. It shall be unlawful for any person to establish, operate, engage in, conduct, or carry on any adult business within the city of Moreno Valley unless the person first obtains, and continues to maintain in full force and effect, an adult business use permit as herein required. Any occurrence of the "establishment of an adult business," as defined in subsection B of this section, shall require a new application for an adult business use permit. The adult business use permit shall be subject to the development and operational standards contained in subsection F of this section.
2. The city community development director ("director") or designee shall grant or deny adult business use permits in accordance with these regulations.
3. Permit applicants shall file a written, signed, and verified application containing the following information and be accompanied by the following documents:
a. If the permit applicant is an individual, the individual shall state his or her legal name, including any aliases, and address, and shall submit satisfactory written proof that he or she is at least 18 years of age; b. If the permit applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, and whether the partnership is general or limited; and shall attach a copy of the partnership agreement, if any;
c. If the permit applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the state of California, the names and capacities of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process;
d. A signed and verified statement that the permit applicant, if an individual, or partners, officers, directors, if a partnership or corporation, has not pled guilty or nolo contendere or been convicted of an offense classified by this or any other state as a sex or sex-related offense, and: (i) 60 more than two years have elapsed since the date of conviction or the date of release from confinement for a conviction to the date of application, whichever is the later date, if the conviction is a misdemeanor; (ii) more than five years have elapsed since the date of conviction or the date of release from confinement for a conviction to the date of application, whichever is the later date, if the conviction is a felony; or (iii) more than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction to the date of application, whichever is the later date, if the convictions are two or more misdemeanors or combination of misdemeanors offenses occurring within any 24 month period;
e. The permit applicant(s) shall sign the application. All persons who sign the application must also provide names, aliases, addresses, and date(s) of birth;
f. If the permit applicant intends to operate the adult business under a name other than that of the permit applicant, the permit applicant shall file the fictitious name of the adult business and show proof of registration of the fictitious name;
g. A description of the type of adult business for which the permit is requested and the proposed address where the adult business will operate, plus the names and addresses of the owners and lessors of the adult business site;
h. The names of all employees, independent contractors, and other persons who will perform at the adult business, who are required by Section 11.07.020 to obtain an adult business performer license; i. The address to which notice of action on the application is to be mailed; j. A dimensioned floor plan showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult business. The sketch or diagram need not be professionally prepared but must be oriented to the north or some other designated street or object and drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches;
k. A site plan prepared within 30 calendar days prior to the application depicting the building and the portion, thereof to be occupied by the adult business, marked to show the primary entrance, and: (i) the nearest property line of the unit or structure in which all other adult businesses within 1,000 feet of the nearest property line of the unit or structure in 61 which will be located the adult business for which a permit is requested; and (ii) the property lines of any residential zone, religious institution, school, park, or child day care facility within 500 feet of the nearest property line of the unit or structure in which the adult business will be located and for which a permit is requested;
l. A diagram of the off-street parking areas and entries to the premises of the adult business, also showing the location of the lighting system required by Section 9.09.030(F).
4. The completed application shall be accompanied by a non-refundable application fee. The amount of such fees shall be set by the city council.
5. The completeness of an application for an adult business use permit shall be determined by the director within five business days of its submittal. If the director determines that the permit application is incomplete, the director shall immediately notify in writing the permit applicant of such fact and the reasons therefor, including any additional information necessary to render the application complete. Such writing shall be deposited in the U.S. mail, postage prepaid, immediately upon determination that the application is incomplete. Within five business days following the receipt of an amended application or supplemental information, the director shall again determine whether the application is complete in accordance with the provisions set forth above. Evaluation and notification shall occur as provided herein until such time as the application is found to be complete.
6. The fact that a permit applicant possesses other types of state or city permits or licenses does not exempt the permit applicant from the requirement of obtaining an adult business use permit.
E. Review and Action on Application for Adult Business Use Permit.
1. Upon receipt of a completed application and payment of the application and permit fees, the director shall immediately write or stamp the application "Received" and, in conjunction with city staff, shall promptly review the information contained in the application to determine whether an adult business use permit shall be granted. Investigation shall not be grounds for the city to unilaterally delay in reviewing a completed application, nor is it grounds to extend the time period to conduct a hearing pursuant to this section.
2. Within 30 calendar days of receipt of the completed application, the investigation shall be completed and the director shall notice and conduct a public hearing with notice of such hearing to be made pursuant to California Government Code Sections 65091 and 65905.
62 3. In reaching a decision, the director shall not be bound by the formal rules of evidence in the California Evidence Code.
4. The director shall render a written decision on the application for an adult business use permit within five business days of the public hearing required by this section. The failure of the director to render any decision within the time frames established in any part of this section shall be deemed to constitute an approval, subject to appeal to the city council, pursuant to subsection I of this section. The director's decision shall be hand delivered or mailed to the applicant at the address provided in the application, and shall be provided in accordance with the requirements of this code. Any posted notices shall remain for at least 10 calendar days and mailed to all property owners within 600 feet of the adult business.
5. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request in writing additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the city of the pending application. Extensions of time sought by applicants shall not be considered delay on the part of the city or constitute failure by the city to provide for prompt decisions on applications.
6. The director shall grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:
a. The director shall write or stamp "Approved" or "Denied" on the application and date and sign such notation.
b. If the application is denied, the director shall attach to the application a statement of the reasons for the denial.
c. If the application is approved, the director shall attach to the application an adult business use permit.
7. The director shall approve the application and issue the adult business use permit upon findings that the proposed business meets the locational criteria of subsection C of this section and that the permit applicant has met, or will meet, all of the development and operational standards and requirements of this section, unless the application is denied based upon one or more of the criteria set forth in subsection (E)(10) of this section.
8. If the director approves the application, the applicant may begin operating the adult business for which the permit was sought, subject to strict compliance with the development and operational standards and requirements of subsection F of this section.
63 9. The permit holder shall post the permit conspicuously in the premises of the adult business.
10. The director shall deny the application if the applicant fails to establish any of the following:
a. The adult business complies with the zoning and locational standards found in Section subsection C of this section.
b. The adult business complies with the development, operational or performance standards found in subsection F of this section. c. The permit applicant or applicant's designated representative when dealing with a corporate entity ("collectively the applicant") is at least 18 years of age.
d. The required application fees have been paid.
e. The application complies with subsection (D)(3) of this section. f. The applicant has not pled guilty, nolo contendere or been convicted of an offense classified by this or any other state as a sex-related offense:
and (i) less than two years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of application, whichever is the later date, if the conviction is a misdemeanor; or (ii) less than five years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of application, whichever is the later date, if the conviction is a felony; or (iii) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction to the date of application, whichever is the later date, if the convictions are two or more misdemeanors or combination of misdemeanor offenses occurring within any 24 month period.
11. A person cannot re-apply for an adult business use permit for a particular location within one year from the date of prior denial.
12. Any affected person may appeal the decision of the director in writing within five business days in accordance with the provisions of subsection I of this section.
F. Development and Operating Standards.
1. Hours of Operation. It shall be unlawful for any owner, operator, manager or employee of an adult business to allow such adult business to remain open for business, or to permit any employee or performer to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a 64 service, between the hours of twelve a.m. and ten a.m. of any day excepting here from an "adult hotel/motel."
2. Exterior Lighting Requirements. All exterior areas, including parking lots, of the adult business shall be illuminated at a minimum of one foot-candle, maintained and evenly distributed at ground level with appropriate devices to screen, deflect or diffuse the lighting in such manner as to prevent glare or reflected light from creating adverse impacts on adjoining and nearby public and private properties.
Inoperable and/or broken lights shall be replaced within 24 hours.
3. Interior Lighting Requirements. All interior areas of the adult business excepting therefrom adult hotels/motels shall be illuminated at a minimum of 10 foot-candle, maintained and evenly distributed at floor level. Inoperable and/or broken lights shall be replaced within 24 hours.
4. Regulation of Adult Booth/Individual Viewing Area.
a. No adult booth/individual viewing area shall be occupied by more than one individual at a time.
b. Each adult booth/individual viewing area within the adult business shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and shall not be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing the entire interior of the adult booth/individual viewing area from the main aisle. A manager shall be stationed in the main aisle at all times. Further, no one shall maintain any adult booth/individual viewing area in any configuration unless the entire interior wherein the picture or entertainment is viewed is visible from one main aisle. The entire body of any patron in any adult booth/individual viewing area must be visible from the main aisle without the assistance of mirrors or other device.
c. No doors are permitted on an adult booth/individual viewing area. No partially or fully enclosed adult booth/individual viewing areas or partially or fully concealed adult booth/individual viewing areas shall be permitted. d. No holes or other openings (commonly known as "glory holes") shall be permitted between adult booths/individual viewing areas. Any such hole or opening shall be repaired within 24 hours using "pop" rivets to secure metal plates over the hole or opening to prevent patrons from removing the metal plates.
e. No beds shall be permitted in an adult booth/individual viewing area.
5. On-Site Manager—Security Measures. All adult businesses shall have a responsible person who shall be at least 21 years of age and shall be on the 65 premises to act as manager at all times during which the business is open. No performer may serve as the manager. The individual(s) designated as the on-site manager shall provide his or her name to the director to receive all complaints and be given by the owner and/or operator the responsibility and duty to address and immediately resolve all violations taking place on the premises.
6. Interior of Premises. No exterior door or window on the premises of an adult business shall be propped or kept open at anytime while the business is open and any exterior windows shall be covered with opaque coverings at all times.
7. Signs. All adult businesses shall comply with the following sign requirements in addition to those of the Moreno Valley Municipal Code. Should a conflict exist between the requirements of the Moreno Valley Municipal Code and this subsection, the more restrictive shall prevail.
a. If an adult business does not serve alcohol, it shall post a notice inside the establishment, within 10 feet of every entrance used by customers for access to the establishment, stating that persons below the age of 18 years of age are prohibited from entering onto the premises or within the confines of the adult business. This notice shall be posted on a wall in a place of prominence. The dimensions of the notice shall be no less than six inches by six inches, with a minimum typeface of 25 points on contrasting background. If the adult business serves alcohol, it shall comply with all notice and posting requirements of the alcoholic beverage control department.
b. No adult oriented material shall be displayed in window areas or any area where it would be visible from any location other than within the confines of the adult business.
8. Regulation of Public Restroom Facilities. If the adult business is required to provide restrooms for patron use, it shall provide separate restroom facilities for male and female patrons. The restrooms shall be free from adult oriented material. Only one person shall be allowed in each restroom at any time, unless otherwise required by law, in which case the adult business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The attendant shall ensure that no person of the opposite sex is permitted into the restroom, and that not more than one person is permitted to enter a restroom stall, unless otherwise required by law, and that the restroom facilities are used only for their intended sanitary purposes. Access to restrooms for patron use shall not require passage through an area used as a dressing area by performers.
66 9. Trash. All interior trash cans shall be emptied into a single locked trash bin lined with a plastic bag at least once a day.
10. Adult Live Entertainment Additional Operating Requirements. The following additional requirements shall apply to adult businesses providing adult live entertainment:
a. No person shall perform adult live entertainment for patrons of an adult business except upon a permanently fixed stage at least 18 inches above the level of the floor.
b. No performer shall be within 10 feet of a patron while the performer is performing. This 10 foot separation shall be marked by a continuous railing or other physical barrier designed to obstruct any contact between the performer and the patron(s).
c. No performer shall have physical contact with any patron, and no patron shall have physical contact with any performer, while the performer is performing on the premises. In addition, while on the premises, no performer shall have physical contact with a patron and no patron shall have physical contact with a performer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person's body either before or after any adult live entertainment by such performer. This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one inch in size. And, if necessary, patrons shall also be advised of the separation and no touching requirements by employees or independent contractors of the establishment. d. All persons, except therefrom performers while performing on the fixed stage, while on or about the premises or tenant space, shall wear at a minimum an opaque covering which covers their specified anatomical areas.
e. If patrons wish to pay or tip performers, payment or tips shall be placed in containers placed at least 10 feet from the stage or other area used by the performers. Patrons shall not throw money to performers, hand money directly to performers, place money in the performers' costumes or otherwise place or throw money on the stage. Patrons shall be advised of this requirement by signs conspicuously displayed and placed on the 67 barrier between patrons and performers and utilizing red or black printing of letters not less than one inch in size.
f. The adult business shall provide dressing rooms for performers, that are separated by gender and exclusively dedicated to the performers' use and which the performers shall use. Same gender performers may share a dressing room. Patrons shall not be permitted in dressing rooms. g. The adult business shall provide an entrance/exit to the establishment for performers that is separate from the entrance/exit used by patrons, which the performers shall use at all times.
h. The adult business shall provide access for performers between the stage and the dressing rooms that is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum three foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of (and which actually results in) preventing any physical contact between patrons and performers and the patrons must also be seven feet away from the walk aisle. Nothing in this section is intended to exempt the adult business from compliance with the provisions of Title 24 of the California Code of Regulations pertaining to accessibility.
i. Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between performers and patrons required by this subsection.
11. Adult Motion Picture Theater—Additional Operating Requirements. The following additional requirements shall apply to adult motion picture theaters:
a. If the theater contains a hall or auditorium area, the area shall comply with each of the following provisions:
i. Have individual, separate seats, not couches, benches, or the like, to accommodate the maximum number of persons who may occupy the hall or auditorium area;
ii. Have a continuous main aisle alongside the seating areas in order that each person seated in the hall or auditorium area shall be visible from the aisle at all times;
iii. Have a sign posted in a conspicuous place at or near each entrance to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, 68 which number shall not exceed the number of seats within the hall or auditorium area; and
b. If an adult motion picture theater is designed to permit outdoor viewing by patrons seated in automobiles, it shall have the motion picture screen so situated, or the perimeter of the establishment so fenced, that the material to be seen by those patrons may not be seen from any public right-of-way, child day care facility, public park, school, or religious institution or any residentially zoned property occupied with a residence.
G. Transfer of Adult Businesses or Adult Business Use Permits.
1. A permit holder shall not operate an adult business under the authority of an adult business use permit at any place other than the address of the adult business stated in the application for the permit.
2. In the event of a transfer of ownership of the adult business or the adult business use permit, the new owner shall be fully informed of the requirements of this division, including the operational and development standards of subsection F of this section and the provisions relating to adult business performer licenses.
3. In the event of a transfer of the adult business or the adult business use permit, the transferee must provide the director with the following information within seven business days of the transfer:
a. If the transferee is an individual, the individual shall state in writing his or her legal name, including any aliases, and address, and shall submit satisfactory written proof that he or she is at least 18 years of age. b. If the transferee is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, and whether the partnership is general or limited; and shall attach a copy of the partnership agreement, if any.
c. If the transferee is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the state of California, the names and capacities of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process.
d. The names of all employees, independent contractors, and other persons who will perform at the adult business, who are required by Section 11.07.020 to obtain an adult business performer license. 69 H. Suspension or Revocation of Adult Business Use Permits.
1. On determining that grounds for permit suspension or revocation exist, the director or designee shall furnish written notice of the proposed suspension or revocation to the permit holder. Such notice shall set forth the time and place of a public hearing and the ground or grounds upon which the hearing is based, the pertinent Moreno Valley Municipal Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permit holder, or shall be delivered to the permit holder personally, at least 10 days prior to the hearing date. Public hearings pursuant to this section shall be noticed in accordance with Government Code Sections 65091 and 65905 and conducted by the city manager or designee, which designee may include a retired judge. Public hearings pursuant to this section shall be conducted in accordance with procedures established by the city manager but, at a minimum shall include the following:
a. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues and may be represented by counsel.
b. The city manager or designee shall not be bound by the formal rules of evidence.
c. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness at the request of the permit holder. Extensions of time or continuances sought by a permit holder shall not be considered delay on the part of the city or constitute failure by the city to provide for prompt decisions on permit suspensions or revocations. d. The city manager or designee's decision may be appealed in accordance with subsection I of this section.
2. A permit may be suspended or revoked based on the following causes arising from the acts or omissions of the permit holder, or an employee, independent contractor, partner, director, or manager of the permit holder:
a. The building, structure, equipment, or location used by the adult business fails to comply with all provisions of these regulations and this section relating to adult businesses, including the adult business development and operational standards contained in subsection F of this section, and all other applicable building, fire, electrical, plumbing, health, and zoning requirements of the Moreno Valley Municipal Code. b. The permit holder has failed to obtain or maintain all required city permits.
70 c. The permit holder has made any false, misleading, or fraudulent statement of material fact in the application for an adult business use permit.
d. The permit is being used to conduct an activity different from that for which it was issued.
e. The permit holder has failed to submit and/or update the information pertaining to performers in accordance with subsection D of this section. f. That an individual employed by the adult business (whether classified as an employee or independent contractor) has been convicted of two or more sex-related offenses that occurred in or on the licensed premises within a 12 month period and was an employee of the adult business at the time the offenses were committed.
g. That the use for which the approval was granted has ceased to exist or has been suspended for six months or more.
h. That the transferee/new owner of an adult business or adult business use permit failed to comply with the requirements of subsection G of this section.
i. The permit holder, partner, director, or manager has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult business; or a permittee has been convicted of violating any of the following state laws on the premises of the adult business:
i. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.
ii. Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur.
iii. Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code. iv. The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, 318 of the California Penal Code.
v. Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including, but not limited to, Sections 311 through 313.4.
71 vi. Any act constituting a felony involving the sale, use, possession, or possession for sale of any controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code.
vii. An act or omission in violation of any of the requirements of this division if such act or omission is with the knowledge, authorization, or approval of the permit holder or is as a result of the permit holder's negligent supervision of the employees of the adult facility.
This includes the allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property.
3. After holding the hearing in accordance with the provisions of this section, if the city manager or designee finds and determines that there are grounds for suspension or revocation, the planning commission shall impose one of the following:
a. Suspension of the permit for a specified period not to exceed six months; or
b. Revocation of the permit. The city manager or designee shall render a written decision that shall be hand delivered or overnight mailed to the permit holder within five business days of the public hearing.
Any affected person may appeal the decision of the city manager or designee in writing within five business days in accordance with the provisions of subsection I of this section.
In the event a permit is revoked pursuant to this section, another adult business use permit to operate an adult business shall not be granted to the permittee within 12 months after the date of such revocation.
I. Appeal Procedures.
1. After approval, denial, suspension or revocation of a permit, any affected person may appeal the decision to the city council in writing within five business days after the written decision. Said appeal shall be filed with the city clerk.
2. Consideration of an appeal of the decision shall be at a public hearing, notice of which shall be given pursuant to California Government Code Sections 65091 and 65905 and which hearing shall occur within 30 calendar days of the filing or initiation of the appeal.
72 3. The city council action on the appeal of the decision shall be by a majority vote of the members present and upon the conclusion of the de novo public hearing, the city council shall grant or deny the appeal. The city council's decision shall be final and conclusive and shall be rendered in writing within five business days of the hearing, such written decision to be immediately mailed to the party appealing the planning commission's decision.
4. In reaching its decision, the city council shall not be bound by the formal rules of evidence.
5. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this division or may request a continuance regarding any decision or consideration by the city of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the city or constitute failure by the city to provide for prompt decisions on applications.
6. Failure of the city council to render a decision to grant or deny an appeal of a permit denial within the time frames established by this section shall be deemed to constitute an approval of the adult business use permit.
7. The time for a court challenge to a decision of the city council is governed by California Code of Civil Procedure Section 1094.8.
8. Notice of the city council's decision and its findings shall include citation to California Code of Civil Procedure Section 1094.8.
9. Any applicant or permit holder whose permit has been denied, suspended, or revoked pursuant to this section shall be afforded prompt judicial review of that decision as provided by California Code of Civil Procedure Section 1094.8.
J. Display of Adult Business Use Permit. Every adult business shall display at all times during business hours the permit issued pursuant to the provisions of this section for such adult business in a conspicuous place so that the same may be readily seen by all persons entering the adult business.
K. Employment of and Services Rendered to Persons Under the Age of Eighteen Years Prohibited—Twenty-one if Liquor is Served.
1. Employees. Employees of an adult business must be at least 18 years of age.
It shall be unlawful for any owner, operator, manager, partner, director, officer, employee, or other person in charge of any adult business to employ, contract with, or otherwise retain any services in connection with the adult business with or from any person who is not at least 18 years of age. If liquor is served at the adult business, employees of the adult business must be at least 21 years of age. If liquor is served at the adult business, it shall be unlawful for any owner, 73 operator, manager, partner, director, officer, employee, or other person in charge of any adult business to employ, contract with, or otherwise retain any services in connection with the adult business with or from any person who is not 21 years of age. Said persons shall exercise reasonable care in ascertaining the true age of persons seeking to contract with, be employed by, or otherwise service the adult business. The provisions of this subsection do not apply to service employees (e.g., janitors, repair and maintenance workers, or similar service workers) whose work is not conducted during the normal hours of operation as set forth in subsection (F)(1) of this section.
2. Patrons. Patrons of an adult business must be at least 18 years of age. It shall be unlawful for any owner, operator, manager, partner, director, officer, employee, or other person in charge of any adult business to permit to enter or remain within the adult business any person who is not at least 18 years of age. If liquor is served at the adult business, patrons must be at least 21 years of age. If liquor is served at the adult business, it shall be unlawful for any owner, operator, manager, partner, director, officer, employee, or other person in charge of any adult business to permit to enter or remain within the adult business any person who is not at least 21 years of age. And said persons shall exercise reasonable care in ascertaining the true age of persons entering the adult business.
3. X-rated Movies. The selling, renting and/or displaying of X-rated movies, videotapes, digital video disks (DVDs), compact disks (CDs) and laser disks shall be restricted to persons at least 18 years of age. If an establishment that is not otherwise prohibited from providing access to the establishment to persons under 18 years of age sells, rents, or displays movies, videos, DVDs, CDs, or laser disks that have been rated "X" or rated "NC-17" by the motion picture rating industry ("MPAA"), or which have not been submitted to the MPAA for a rating, and which consist of images that are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, said movies, videos, DVDs, CDs, and laser disks shall be located in a specific section of the establishment from which persons under the age of 18 shall be prohibited.
L. Inspections. Each owner, operator, manager, employee of an adult business or other person in charge of an adult business shall permit representatives of the police department, health department, fire department, planning department, license and code services division and other city departments, to inspect the adult business for the purpose of ensuring compliance with the laws and operating standards applicable to adult businesses at any time it is occupied or open for business. Such inspections shall be conducted in a reasonable manner.
74 M. Employment of Performers Without Valid License Unlawful. It shall be unlawful for any owner, operator, manager, permit holder, partner, director, officer, agent, employee or other person in charge of an adult business which provides live entertainment displaying specified anatomical areas or specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked, unsuspended adult business performer license issued in compliance with Chapter 11.07.
N. Amortization—Subsequent Location of Sensitive Uses. An adult business or establishment operating as a conforming use with an approved adult business use permit from the city shall not be rendered a nonconforming use by the subsequent location of residential zones, religious institutions, schools, day care facilities, or parks within the locational limitations of subsection C of this section. For purposes of this section, a use shall be deemed to be subsequently located if it commences following the date an application for an adult business use permit is filed pursuant to subsection D of this section.
O. Regulations Non-Exclusive. The provisions of this section regulating adult businesses are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the city council of the city of Moreno Valley.
P. Violations.
1. Any owner, operator, manager, employee or independent contractor of an adult business violating or permitting, counseling, or assisting the violation of any of these provisions regulating adult businesses shall be subject to any and all civil remedies, including permit revocation. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.
2. The restrictions imposed pursuant to this section are part of a regulatory licensing process, and do not constitute a criminal offense. Notwithstanding any other provision of the Moreno Valley Municipal Code, the city does not impose a criminal penalty for violations of the provisions of this section related to sexual conduct or activities.
Q. Public Nuisance. In addition to the remedies set forth in subsection P of this section above, any adult business that is operating in violation of these provisions regulating adult businesses is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.
R. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this section and the ordinance to which it is a part, or any part thereof is held for any 75 reason to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, the remaining sections, subsections, paragraphs, sentences, clauses, and phrases shall not be affected thereby. The city council hereby declares that it would have adopted this section and the ordinance to which it is a part regardless of the fact that one or more sections, subsections, paragraphs, sentences, clauses, or phrases may be determined to be unconstitutional, invalid, or ineffective.
9.09.130 Accessory dwelling units (ADUs).
A. Purpose and Intent. The purpose of these standards is to ensure:
1. Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), as defined herein, are a permitted accessory use. This section establishes standards for the construction and occupancy of ADUs and JADUs. The standards herein serve to ensure ADUs and JADUs are constructed in a manner that is consistent with the requirements and allowances of state law and contribute to a suitable living environment for all.
2. General Plan Consistency. ADUs and JADUs are a residential use consistent with the existing general plan and zoning designation. This section furthers the goals, objectives, and policies of the General Plan Housing Element.
3. Applicability. Under state law, the city must allow for ADUs and JADUs. A local homeowner’s association cannot prohibit the construction of an ADU or a JADU. This section addresses all requirements of state law regarding ADUs.
B. Approval Authority. Approval of an ADU or JADU within a residential, mixed-use zone, multiple-family, or specific plan zone allowing residential or mixed use is considered a ministerial action, and the approval authority is the community development director.
Approval of an accessory dwelling unit is subject to all applicable requirements established within this section, as well as all building, fire, engineering, flood, water quality, environmental codes, standards, and permitting fees established by the city.
C. Application and Processing.
1. Applications for the following types of ADUs that meet all the requirements of this section shall be ministerial and reviewed and processed with a building permit, subject to conditions of approval.
a. Single-family internal ADU within previously permitted existing space or within a new single-family residence; or
b. Single-family attached or detached ADU; or
c. Junior ADU. The building plan check application will include all the items in subsection (C)(3) below.
2. Applications for multiple-family ADUs consistent with this section: Applications for multiple-family ADUs, either detached or within an existing permitted structure or dwelling, shall be made to the community development department and shall be permitted ministerially with approval of both an administrative plot plan and building permit. The administrative plot plan will include all the items in subsection (C)(3) below. 76 3. With regard to evaluating whether the ADU meets the standards of this section, the building permit application or administrative plot plan application, as applicable, shall include the following:
a. A detailed description and scaled, dimensioned floor plan of the proposed ADU, clearly illustrating the bedroom(s), bathroom(s), kitchen, and other features or other proposed habitable areas;
b. A detailed description and scaled, dimensioned elevation of the proposed ADU, clearly illustrating the exterior entrance of the ADU;
c. A scaled, dimensioned site plan of the property clearly illustrating the location of all improvements on site (existing primary residence, garage, driveway(s), fences/walls, accessory structures, public right-of-way improvements, etc.) and where the ADU shall be located;
d. The scaled, dimensioned site plan of the property shall note the use(s) of all buildings existing on the site.
4. Applications to create an ADU or JADU shall be approved or denied within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, there will be a delay in approving or denying the permit application for the ADU or JADU until the City approves or denies the permit application to create a new single-family or multifamily dwelling on the lot. If the applicant requests a delay, the 60- day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.
5. The City shall determine whether an application to create or serve an accessory dwelling unit is complete and provide written notice of this determination to the applicant not later than 15 business days after an ADU or JADU application is submitted.
6. If any ADU or JADU application is denied, the applicant will receive a full set of comments listing the specific items that are defective or deficient, along with a description on how the application can be remedied by the applicant pursuant to California Government Code Section 66317.
D. Development Standards and Requirements. Accessory dwelling units shall comply with the following development standards as described below and as shown in Tables 1 and 2:
1. Permitted ADUs. An ADU is permitted if the lot is zoned for single-family, multifamily use, or mixed use that allows for residential use, and it contains an existing single-family or multifamily structure. The ADU may be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas, or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages. Additionally, an ADU or JADU is allowed within the proposed space of a single-family dwelling, or the existing space of a single-family dwelling, or an accessory structure.
77 a. Existing Single-Family Structure/Primary Dwelling Unit. For an existing singlefamily structure, one ADU and one JADU is permitted. An ADU may be detached or attached. A JADU must be contained within the space of an existing single-family structure. For an existing single-family structure, a homeowner who meets the specified requirements of Government Code Section 66323 (66323 Units) may create one (1) detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks with a maximum unit size of 800 square feet, one (1) converted ADU, and one (1) JADU, in any order, totaling up to three (3) units. To qualify for three ADUs on one lot, the ADUs must meet the requirements of Government Code Section 66323.
b. Existing Multifamily Structure. Within an existing multifamily structure, up to 8 detached ADUs are allowed on a lot, provided that the number of ADUs does not exceed the number of existing units on the lot. At least one (but no more than 25% of the number of existing units) attached ADU can be created from the conversion of existing nonhabitable space. These units must also meet the requirements of Section 66323. c. Proposed Multifamily Structure. Up to 2 detached ADUs on a lot. These units must also meet the requirements of Section 66323.
d. Accessory Structure Conversion. The ADU may be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages. Additionally, an ADU is allowed within the proposed space of a single-family dwelling, or the existing space of a single-family dwelling, or an accessory structure. A JADU is allowed within the proposed space of a single-family dwelling or the existing space of a single-family dwelling.
2. Lot Size. There is no minimum lot size required if the ADU meets the setbacks described in this section.
3. ADU Size.
a. Minimum. The minimum unit size for a JADU per state law is one hundred fifty (150) square feet. There is no minimum unit size for other ADU structures, provided that the ADU is in compliance with state laws, including building, health, and safety codes. b. Maximum. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to unit size requirements. (Gov. Code, § 66323, subd. (a)(1).)
c. Detached ADUs for Single-Family or Multifamily. The maximum unit size shall be eight hundred fifty (850) square feet for an efficiency or one bedroom, and one thousand (1,000) square feet for two or more bedrooms.
d. Attached ADUs. If there is an existing single-family dwelling on the site, the attached ADU shall be no larger in size than eight hundred fifty (850) square feet for an efficiency or one bedroom, and no larger than one thousand (1,000) square feet for two or more bedrooms. For multifamily, the ADU shall be no more than eight hundred (800) square feet.
78 e. Lot Coverage/Floor Area Ratio/Open Space. If all of the following standards are satisfied for an attached ADU or detached ADU, lot coverage, floor area ratio, and open space requirements would not apply. All other development standards as described in this section would apply. (See Tables 1 and 2.)
f. Up to eight hundred (800) square foot accessory unit. g. No more than sixteen (16) feet in height.
h. Four-foot side and rear yard setbacks.
i. For all other ADUs allowed by this section, lot coverage, floor area ratio, and open space requirements of the underlying zone would apply.
4. ADU/JADU Height.
a. Detached ADUs. For a detached primary dwelling unit on a site, the ADU is permitted to be at least sixteen (16) feet in height. Exceptions include the following:
1. A height of 18 feet for a detached ADU on a lot with an existing or proposed single-family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code is allowed (Government Code section 66321, subdivision (b)(4)(B)).
2. An additional two feet in height to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit is allowed (maximum of 20 feet).
3. Additionally, subdivision (b)(4)(C) requires the allowance of “A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
b. Attached ADUs. For JADUs and internal ADUs, the height limits are not applicable, except that the height limit of the residential zone would apply if constructed in conjunction with a new single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
5. Setbacks.
a. Front Setbacks. ADUs shall comply with the front setback requirement of the underlying zone; the front setback does not apply to an internal ADU or JADU. b. Side and Rear Yard Setbacks. Setbacks for ADUs are summarized in Tables 1 and
2. Setbacks would generally not apply to JADUs or internal ADUs entirely contained within an existing dwelling unit; however, if constructed in conjunction with a new single-family residence, then the setbacks for the underlying zone would apply. Setbacks would not apply to an existing accessory building converted into an ADU. c. If constructed in conjunction with a single-family residence, the street-side setbacks for the underlying zone would apply. The street side setback requirement is not applicable to a JADU, an attached ADU entirely contained within an existing dwelling unit, or an attached ADU which may be constructed at a setback equal to that of the primary dwelling, but no less than four feet.
79 6. Distance Between Structures. The standard for distance between structures of the underlying residential zone will apply where feasible, but if necessary, will be adjusted to accommodate an ADU that is eight hundred (800) square feet or less, sixteen (16) feet in height, and with rear and side setbacks of no less than four feet. Any accommodation for the distance between structures will need to be evaluated for consistency with building codes for protection of public safety and approved by the community development director or designee.
7. The ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation, and shall include a kitchen and bathroom.
E. Design Requirements.
1. The entrance to an attached ADU shall be separate from the entrance to the primary dwelling unit.
2. When a garage is converted into an ADU, a landscaped area with a depth of at least two feet shall be provided for the area adjacent to the garage door.
3. Plans shall demonstrate an unobstructed passageway extending from a street to one entrance of the ADU.
4. ADUs, when converted from existing accessory buildings, are permitted without additional restrictions provided the structure has independent exterior access and side and rear setbacks sufficient for fire safety, provided that no more than one hundred fifty (150) square feet is added for ingress/egress subject to the requirements of state law.
5. Outside stairways serving ADUs should not be located on any building elevation facing a public street.
Table 1: Accessory Dwelling Units—New Construction and
Conversion of Accessory Buildings
Conversion of
Accessory
Building per State
Law
New Construction
Detached ADU (singlefamily)
Detached ADU
(multifamily)
Required
Main Use on
the Lot
Existing singlefamily dwellingExisting or proposed singlefamily dwelling.Existing multifamily dwelling.4
Minimum
Dwelling Size None
Determined based on
compliance with building and
health and safety codes.
Determined based on
compliance with
building and health
and safety codes.
Unit Size None, plus 150 No greater than 850 square For multifamily, no 80 Conversion of
Accessory
Building per State
Law
New Construction
Maximum square feet
maximum addition
for ingress/egress
subject to this
section
feet for an efficiency or one
bedroom;
For 2 or more bedrooms: up
to 1,000 square feet.
For a detached “66323 Unit”,
the maximum is 800 square
feet.
greater than 850
square feet for an
efficiency or one
bedroom; For 2 or
more bedrooms: up to
1,000 square feet.
ADU
Height/Story
Limit
None
At least 16 feet is permitted,
but above 16 feet the ADU
may not exceed the height of
the existing primary dwelling
on the site.1, 2
ADU Front
Setback Not applicable Front setback standard of the underlying zone applies.3 Front setback
standard of the
underlying zone
applies.
ADU
Minimum
Side and
Rear Yard
Setbacks
Not applicable
If ADU is 16 feet or less in
height: 4 feet for interior side
yard and rear yard.
If ADU is more than 16 feet in
height: interior side and rear
yard setbacks of the
underlying zone would apply.
4 feet for interior side
yard and rear yard.
Minimum
Distance
Between
Structures
(Primary
Dwelling and
ADU)
Not applicable
The standard of the
underlying zone will apply
where feasible; however, the
city must still accommodate
an ADU of up to at least 800
square feet or less, 16 feet in
height, and with 4-foot rear
and/or side yard setbacks.
Parking None
See parking requirements
under subsection F of this
section.
Notes:
1. A detached ADU may be up to eighteen (18) feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one- 81 half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of twenty (20) feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
2. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed eighteen (18) feet in height.
3. Front setback requirements cannot be used to prohibit the construction of an ADU, where there is no other alternative to allow for the construction of an eight hundred (800) square-foot ADU that meets height limits and complies with four-foot side and rear setbacks.
4. ADUs are detached from the primary multifamily structure but do not have to be detached from each other or other accessory structures on the lot. (Gov. Code, § 66323, subd. (a)(4)(A).)
Table 2: Junior and Attached Accessory Dwelling Units
Junior ADU
per State
Law
Internal ADU
(Proposed ADU
contained within
existing SFD)
Attached ADU
(addition to
residence)
Attached
MultipleFamily ADUS
per State Law
Minimum Unit
Size
150 square
feet
Determined based on compliance with building and
health and safety codes.
Unit Size
Maximum
No more than
500 square
feet of interior
livable space
The conversion of an existing
accessory structure or a portion of the
existing primary residence to an ADU
is not subject to unit size
requirements. (Gov. Code, § 66323,
subd. (a)(1).)
Proposed attached ADUs are limited
in size to not greater than 50 percent
of the existing primary dwelling as a
maximum unit size, but only if it does
not restrict an ADU’s size to less than
850 square feet, or 1,000 square feet
for ADUs with more than one bedroom
(Gov. Code, §§ 66314, subd. (d)(4);
66321 (b)(2)).
No more than
800 square feet.
ADU/JADU
Height Limit
Not
applicable,
except height
limit of the
underlying
Not applicable,
except height limit
of residential zone
would apply if
constructed in
An ADU that is
attached to the
primary dwelling
may not exceed
25 feet in height
An ADU that is
attached to the
primary dwelling
may not exceed
25 feet in height
82 Junior ADU
per State
Law
Internal ADU
(Proposed ADU
contained within
existing SFD)
Attached ADU
(addition to
residence)
Attached
MultipleFamily ADUS
per State Law
zone would
apply if
constructed in
conjunction
with new
single-family
residence.
conjunction with
new single-family
residence.
or the height
limitation
imposed by the
underlying zone
that applies to the
primary dwelling,
whichever is
lower, and may
not exceed 2
stories.
or the height
limitation
imposed by the
underlying zone
that applies to
the primary
dwelling,
whichever is
lower, and may
not exceed 2
stories.
Front Setback Not
applicable,
JADU must
be within
walls of
primary
dwelling unit.
Front setback standard of the underlying zone applies.5 ADU/JADU Min.
Side and Rear
Yard Setbacks
Not
applicable,
setbacks of
the underlying
zone would
apply if
constructed in
conjunction
with new
single-family
residence.
Not applicable,
setbacks of the
underlying zone
would apply if
constructed in
conjunction with
new single-family
residence.
An attached ADU
shall meet the
requirements of
the underlying
zone, except that
if the attached
ADU is 800
square feet or
less and no taller
than 16 feet, the
side setbacks
may be 4 feet.
4 feet for ADU
portion if new
building or
addition.
Parking See parking requirements under subsection F of this section.
Notes:
1. Front setback requirements cannot be used to prohibit the construction of an ADU, where there is no other alternative to allow for the construction of an eight hundred (800) square-foot ADU that meets height limits and complies with four-foot side and rear setbacks.
F. Parking Requirements.
83 1. Parking requirements, consistent with Chapter 9.11 of this title:
a. Unless the JADU or ADU is exempt from parking requirements as described in subsection (F)(2), one parking space is required per accessory dwelling unit or per bedroom of an accessory dwelling unit, whichever is less, and may be provided through tandem parking on a driveway unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
b. Parking is allowed in rear and side setback areas, and in a paved driveway in the front setback area if parking in the rear and side setback areas is not possible, provided that all other development standards are satisfied including minimum front yard landscaping standards.
c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, the off-street parking spaces will not be required to be replaced.
d. No replacement parking when an uncovered parking space is demolished for or replaced with an ADU.
2. Parking Exemptions. Additional parking spaces are not required for ADUs, nor for JADUs in any of the instances listed in subsections (F)(2)(a) through (e) below. Further, JADUs within the living area of the primary dwelling unit are exempt from all parking requirements, but the standards in subsection (F)(1) would apply if a garage is converted to a JADU.
a. The ADU is located within one-half mile of a public transportation stop along a prescribed route according to a fixed schedule; or
b. The ADU is located within one block of a car share parking spot; or c. The ADU is located in a historic district listed in or formally determined eligible for listing in the National Register of Historic Places and the California Register of Historical Resources or as a city historic preservation overlay zone; or d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or
e. The accessory dwelling unit is part of the existing dwelling unit or an existing accessory structure.
G. JADU Requirements. As specified in state law, specific requirements apply only to junior accessory dwelling units. The development standards for JADUs are summarized in Table 2. The standards and requirements for JADUs are as follows:
1. JADUs must be constructed entirely within the walls of the primary structure and have their own entrance.
2. The JADU cannot exceed five hundred (500) square feet of interior livable space.
3. JADUs are limited to one per residential lot if a single-family residence is already constructed on a lot.
4. The owner must record a deed restriction stating that the JADU cannot be sold 84 separately from the single-family residence.
5. The owner shall execute a covenant and agreement in a form acceptable to the city to document that either the primary dwelling unit or the accessory dwelling unit will be owner-occupied if the JADU shares sanitation facilities with the existing structure. If the property owner is a governmental agency, land trust, or housing organization, or the JADU has its own sanitation facilities, then owner occupancy cannot be required.
6. The JADU must include a cooking facility with appliances (Government Code section 66333, subdivision (f)(1)).
7. The JADU may share a bath with the primary residence or may have its own bath.
8. An interior entry into the single-family residence is not required, unless JADU shares a bathroom with the primary dwelling. In this instance, the JADU is required to have an interior entry to the primary dwelling’s “main living area,” independent of the exterior entrances of the JADU and primary dwelling.
9. The JADU is to be considered part of the single-family residence for purposes of fire and life protection ordinances and regulations, such as sprinklers and smoke alarms.
10. Additional parking may only be required if a garage is converted into a JADU as described in subsection F above.
11. Water, sewer, and power connection fees may not be required.
H. Fees. ADUs shall be subject to all development fees specified by city ordinances or resolutions for ADUs. Impact fees may not be imposed on JADUs and ADUs smaller than seven hundred fifty (750) square feet. For ADUs greater than seven hundred fifty (750) square feet, local agencies must assess an impact fee that correlates to square footage of primary residence. ADUs shall not be considered new residential uses for purpose of calculating utility connection fees or capacity charges, including water or sewer service.
I. Enforcement. Upon application and approval, the city must delay enforcement against a qualifying substandard ADU for five years to allow the owner to address the violation, so long as the violation is not a health and safety issue, as determined by the community development department.
J. ADUs may be sold or otherwise conveyed separately from the primary dwelling if it is owned by a qualified nonprofit corporation whose mission is to provide units to lowincome households and that they complete a deed-restricted sale consistent with state law (Government Code Section 66341).
K. ADUs may be sold or otherwise conveyed separately from the primary residence as a condominium pursuant to Section 66341.
L. An accessory dwelling unit created pursuant to this municipal code section shall only be rented for a period of longer than thirty (30) days as specified in state law.
M. Unpermitted ADUs or JADUs (Section 66332 of the Government Code - AB 2533).
Notwithstanding any other law, a local agency shall not deny a permit for an unpermitted accessory dwelling unit or unpermitted junior accessory dwelling unit that was constructed before January 1, 2020, due to either of the following:
85 1. The ADU or JADU is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.
2. The accessory dwelling unit or junior accessory dwelling unit does not comply with this article or Article 3 (commencing with Section 66333), as applicable, or any local ordinance regulating accessory dwelling units or junior accessory dwelling units.
3. This section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.
4. Homeowners, before submitting an application for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit’s existing condition or potential scope of building improvements before submitting an application for a permit.
5. A homeowner applying for a permit for a previously unpermitted ADU or JADU constructed before January 1, 2020, shall not be required to pay impact fees or connection or capacity charges except when utility infrastructure is required to comply with Section 17920.3 of the Health and Safety Code and when the fee is authorized by subdivision (e) of Section 66324.
6. Upon receiving an application to permit a previously unpermitted ADU or JADU constructed before January 1, 2020, an inspector from the City of Moreno Valley may inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards necessary to obtain a permit. If the inspector finds noncompliance with health and safety standards, the local agency shall not penalize an applicant for having the unpermitted ADU or JADU and shall approve necessary permits to correct noncompliance with health and safety standards.
N. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. “Livable space” means only spaces intended for human habitation, including living, sleeping, eating, cooking, or sanitation. Multifamily buildings can convert nonlivable space to ADUs, which will allow spaces such as laundry rooms and community rooms to be converted to ADUs.
“Multifamily Dwelling” means, for the purposes of State ADU Law, a structure with two or more attached dwellings on a single lot is considered a multifamily dwelling.
Multiple detached single-family dwellings on the same lot are not considered multifamily dwellings for the purposes of State ADU Law. “Passageway” means a pathway that is unobstructed, clear to the sky, and extends from a street to one entrance of the accessory dwelling unit. § 9.09.380 Wireless Communication Facilities.
86 A. Purpose. the purpose of this section is to maintain and more importantly, to facilitate modernization of city's wireless infrastructure in a manner that improves the quality of the city's environment, the pleasant aesthetics of the city's neighborhoods, and the visual quality in the nonresidential areas of the city. More specifically, the purpose of this section is to regulate, as allowed by state and federal law and regulations, the design and location of wireless facilities in the city in a manner that recognizes the community benefits of communications technology, which provides clear guidance to the communications industry but also recognizes the strong need to preserve the city's aesthetics
B. Objectives. The objectives of this section include:
1. Promoting wholesome, attractive, harmonious and economic use of property, building construction, civic service, activities and operations in conformity with and preserving the overall aesthetics of city neighborhoods.
2. Reducing, through the use of stealth designs and concealment elements, the visual effects of wireless facilities throughout the city on public and private property.
3. Encouraging the installation of wireless facilities at locations where other such facilities already exist without aesthetically overwhelming those locations with additional facilities.
4. Encouraging the installation of such facilities in locations to minimize potential adverse aesthetic impacts.
5. Creating a transparent and open process by which city staff, citizens, and communications providers can collaboratively achieve solutions to the placement of wireless facilities to achieve these goals where city retains discretion regarding placements.
6. Encouraging industry to adopt best practices in all deployments, to utilize designs to minimize visual impacts, to share with the city future plans for deployments so that the cumulative impacts can be planned for, understood, and mitigated.
C. Definitions. For the purpose of this section, certain words and terms are hereby defined. Words used in the singular number shall include the plural and the plural the singular; unless more specifically defined, the word "building" is interchangeable with the word "structure," the word "shall" is mandatory and not discretionary. All equipment not specifically described herein shall be regulated in conformity with that equipment described herein which is most substantially similar, from a functionality standpoint.
Reference to "facility" is interchangeable with "wireless communications facility" unless otherwise noted.
87 "Antenna" shall mean any system of wires, poles, rods, reflecting discs, or similar devices used in wireless communications for the transmission or reception of electromagnetic waves when such system is operated or operating from a fixed location.
"Applicant" or "provider" shall mean the person or entity applying for a permit to install wireless communications facilities.
"Base station" shall mean, as defined in 47 C.F.R. Section 1.6100(b)(1), or any successor provision, any structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network.
a. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower.
b. The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
c. The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).
d. The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government under this section, supports or houses equipment described in subsections 3.a and 3.b of this section that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
e. The term does not include any structure that, at the time the relevant application is filed with the state or local government under this section, does not support or house equipment described in subsections 3.a. and 3.b. of this section. "Collocation" shall mean the mounting or installation of transmission equipment on a legally existing base station or tower as defined:
a. For the purposes of any eligible facilities request, the same as defined by the FCC in 47 C.F.R. Section 1.6100(b)(2), as may be amended, which defines that term as "the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio 88 frequency signals for communications purposes." As an illustration and not a limitation, the FCC's definition means to add transmission equipment to an existing facility and does not necessarily refer to two or more different facility operators in the same location; and
b. For all other purposes, the same as defined in 47 C.F.R. Section 1.6002(g)(1) and (2), as may be amended, which defines the term collocation as: (i) mounting or installing an antenna facility on a pre-existing structure, and/or (ii) modifying a structure for the purpose of mounting or installing an antenna facility on that structure.
"Eligible facilities request" shall mean any request for modification of a legally existing tower or base station that does not substantially change the physical dimensions of such tower or base station as defined in 47 C.F.R. Section
1.6100(b)(3), or any successor provision.
"Major wireless facilities" shall mean any and all new wireless facilities or modifications to existing wireless facilities that are not otherwise exempt from this section and that do not qualify as small cell facilities, collocations, temporary facilities or eligible facilities requests.
"Microwave antenna" shall mean a bowl-shaped antenna used to link communication sites together by wireless transmission of voice or data in a specific directional pattern.
"Monopole" shall mean a free-standing pole like a slim line, flagpole, or similar structure.
"Owner" shall mean the person or entity that has legal ownership or control over the tangible wireless communications facilities.
"Personal wireless services" shall mean those services as defined in 47 U.S.C.
Section 332(c)(7)(C)(i) or any successor provision, current examples of which include, but are not limited to, commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. "Public rights-of-way" shall mean any portion of any land dedicated, condemned or established and improved for use as a public thoroughfare for vehicular use and owned, maintained or managed by the city. Public right(s)-of-way includes public streets, roads, lanes, and alleys (including portions used for sidewalks, medians, and parkways). For the purposes of this section, the public right(s)-of-way includes public utility easements and does not include private streets. "Roof-mounted" shall mean any type of facility in which antennas are mounted on the roof, parapet or similar feature of a structure and extends past the roofline of the building.
89 "Residential zoning district" shall mean the RR, HR, R1, R2, RA2, R3, R5, R10, RS10, R15, R20, and R30 residential zoning districts as delineated on the city zoning atlas.
"Satellite dish" shall mean any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs, and satellite microwave antennas. "Small cell facility" shall have the same meaning as "small wireless facility" in 47 C.F.R. Section 1.6002(l), or any successor provision (which is a personal wireless services facility that meets the following conditions that, solely for convenience, have been set forth below):
a. The facilities:
i. Are mounted on structures 50 feet or less in height including their antennas as defined in this section;
ii. Are mounted on structures no more than 10 percent taller than other adjacent structures; or
iii. Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater. b. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna), is no more than three cubic feet in volume;
c. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; d. The facilities do not require antenna structure registration under C.F.R. Part 17; e. The facilities are not located on Tribal lands, as defined under 36 C.F.R.
Section 800.16(x); and
f. The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section
1.1307(b).
"Stealth facilities" shall mean facilities designed to look like something other than a wireless facility.
90 "Support structure" shall mean any structure capable of supporting a base station, as defined in 47 C.F.R. Section 1.6002(m) or any successor provision. "Temporary facility" shall mean any wireless communication facility intended or used to provide wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a single location or following a duly proclaimed local or state emergency as defined in Government Code Section 8558 requiring additional service capabilities. Temporary facilities include, without limitation, cells on wheels (also referred to as COWs), sites on wheels (also referred as SOWs), cells on light trucks (also referred to as COLTs), or other similar wireless facilities: (a) that will be in place for no more than six months, or such other longer time as the city may allow in light of the event or emergency; (b) for which required notice is provided to the FAA; (c) that do not require marking or lighting under FAA regulations; (d) that will not exceed the height limit in the applicable zone; and (e) that will either involve no excavation or involve excavation only as required to safely anchor the facility, where the depth of previous disturbance exceeds the proposed construction depth (excluding footings and other anchoring mechanisms) by at least two feet. "Tower" shall mean, as defined in 47 C.F.R. Section 1.6100(b)(9), or any successor provision, any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for personal wireless services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles. "Utility pole" shall mean any structure designed to support electric, telephone, and similar utility lines. A tower is not a utility pole.
"Wireless communications facilities" and "facilities" shall mean any transmitters, antenna structures, equipment cabinets, concealment, meters, switches, cabling, and other types of facilities used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s).
D. Applicability. This section shall apply to all wireless communication facilities which transmit and/or receive electromagnetic signals in order to provide services, including, but not limited to, personal communications services (such as mobile telephone services, internet services, location and monitoring services, data, e-mail, texting, streaming video and audio and paging), fixed microwave services, and mobile data services. This section shall apply to the entire area within the city limits, including all zoning districts, and all public property except public rights-of-way. This section shall not be applied or interpreted, to prohibit or to have the effect of prohibiting wireless communications services or telecommunications services, to regulate the placement, 91 construction or modification of wireless communications facilities on the basis of the environmental effects of radio frequency ("RF") emissions, provided that such facilities comply with Federal Communications Commission ("FCC") regulations, or to unreasonably discriminate among providers of functionally equivalent wireless communications services. Where conflict occurs between the provisions of this section and any other city codes, ordinances, resolutions, guidelines or regulations, the more restrictive provision shall control unless otherwise specified or mandated by law.
This section shall not apply to:
1. Wireless communications facilities that are located completely enclosed within a permitted structure, are incidental to a permitted use in that structure, and are not located within a residential zoning district.
2. Hand-held mobile, marine, and portable radio transmitters and/or receivers which are not affixed to land or a structure.
3. Wireless communications facilities required on a temporary basis not to exceed 14 consecutive days provided any necessary building permit or other approval is obtained, and the landowner's written consent is provided to the city in advance of placement.
4. Traditional terrestrial radio and television mobile broadcast facilities.
5. A single ground-mounted or building-mounted antenna not exceeding the maximum height permitted by this section including any mast, subject to the following restrictions:
a. Satellite Dish 39.37 Inches (one meter) or Less. A satellite dish antenna
39.37 inches (one meter) or less in diameter: (i) intended for the sole use of a person occupying the same parcel to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite; or (ii) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, is permitted anywhere on a lot provided it does not exceed the height of the ridgeline of the primary structure on the same parcel;
b. Non-Satellite Dish 39.37 Inches (one meter) or Less. A dish antenna 39.37 inches (one meter) or less in diameter or diagonal measurement: (i) intended for the sole use of a person occupying the same parcel to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite; or (ii) a hub or relay antenna 92 used to receive or transmit fixed wireless services that are not classified as telecommunications services, is permitted anywhere on a lot.
6. Amateur radio antennas meeting the following requirements:
a. That are completely enclosed within a permitted building; or b. That consists of a single wire not exceeding one-fourth inch in diameter.
Such wire antennas may be located in setback areas provided the antenna does not extend above the maximum building height in the district; or c. That consists of a single ground-mounted vertical pole or whip antenna not exceeding 50 feet in height in residential zone classifications or 105 feet in height in nonresidential zone classifications, measured from finish grade at the base of the antenna, and not located in any required setback area.
Support structures or masts for pole or whip antennas shall conform to standards set out in the California Building Standards Code. A building permit may be required for the support structure or mast.
7. Like kind equipment replacements that consist solely of replacing or changing equipment in an existing cabinet, vault, or shroud that does not increase preexisting visual or noise impacts and has the same or less RF emissions. The existing equipment must have been approved by the city, and the equipment must be in compliance with all permit conditions. Qualifying like kind equipment replacements that do not require city approval consist of upgrades or exchanges of equipment that are substantially similar in appearance and the same or less in size, dimensions, weight, and RF emissions to the then-existing and approved equipment. This exemption does not apply to generators.
8. Wireless communications facilities which are proposed to be located in the public rights-of-way, unless otherwise provided in this code.
E. Nonconforming Facilities. Any wireless communication facility that was lawfully erected prior to the effective date of the ordinance codified in this section shall not be required to meet the requirements of this section. The nonconforming wireless communications facilities shall be allowed to continue as they exist as of the effective date of the ordinance codifying these regulations but will be considered as lawful nonconforming legal uses and shall be subject to the restrictions of Article 5 (Nonconformities) of this title. The foregoing notwithstanding, non-conforming wireless communication facilities shall be required to comply with the requirements of this section if any nonconforming facility or component of a nonconforming facility is modified or when the permittee applies to renew its permit, at which time the provisions of the revised ordinance shall apply in full force going forward as to such facility.
F. Permit Requirement.
93 1. Permit Requirement for Location of Wireless Communications Facilities. No wireless communication facility shall be constructed, erected, placed, or modified anywhere within the city without first obtaining a permit pursuant to the requirements of this section and without obtaining any permits required under any other applicable state, federal, or local laws or regulations, unless exempt under this section. Applications for approval of a wireless communication facility shall be submitted to and processed by the Planning Division of the Community Development Department and shall be reviewed and either approved, modified or denied by the Community Development Director or designee or the Planning Commission, depending upon the application's classification as defined in this section.
2. Administrative Use Permit. An administrative use permit for wireless communications facilities shall be required for the installation or modification of any facility that qualifies as a small cell facility, eligible facilities request, temporary facility or collocation, and such application shall be considered by the Community Development Director or designee.
3. Conditional Use Permit. Major wireless facilities shall require a conditional use permit. A conditional use permit application for wireless communication facilities shall be submitted to and processed by the Community Development Department to determine that the proposed facility complies with all the requirements of this section and with all the applicable requirements of other sections of the Municipal Code. Once the application is complete, it shall be placed on the action calendar of the next available Planning Commission meeting for consideration. A conditional use permit for wireless communication facilities may be granted only after a public hearing before and approval by the Planning Commission.
G. Voluntary Pre-Application Meeting. Prior to filing an application for a use permit for the installation or modification of wireless communication facility, an applicant is encouraged to schedule a pre-application meeting with the Community Development Department to discuss the proposed facility, all of the requirements of this section, and any potential impacts of the proposed facility. The applicant will be encouraged to perform an early-stage outreach with residents and property owners near the proposed facilities in order to address and, if possible, resolve any impacts of the proposed facilities on the surrounding neighborhood. Conducting this voluntary preapplication meeting shall not initiate any applicable "shot clock." H. Contents of Permit Application.
1. Conditional Use Permit. An applicant for a wireless communication facility conditional use permit shall complete and submit an application to the Planning Division of Community Development Department for review and processing, upon the form provided by the city, which may be updated from time to time. In addition to any requirements specified by the application form, 94 the wireless communication facility conditional use permit application shall at minimum require submission of the following:
a. Name, address, phone number, email address of:
i. The owner of the proposed facility;
ii. The applicant if different than owner;
iii. The proposed service provider that plans to make use of the facility. b. A clear written description of the proposed facility that includes the number of antennas, the location and length of fiber/cable, the location and dimensions of all related equipment (cabinets, generators, batteries, cooling, transmitters, hubs etc.).
c. A site plan with photos or photo-simulations, depicting the location and dimension of the proposed wireless communication facilities and of the existing surrounding area features including structures, roads, trees, and similar items.
d. A map illustrating the estimated coverage area (search area) for the proposed wireless communication facility.
e. Visual impact demonstrations using clear, accurate and readable photosimulations of all of the proposed wireless communication facilities. The simulations must contain dimensions, height measurements and color, size and shape (proper coloration and blending of the facility with the proposed site) of the proposed facilities in order to facilitate determination of potential visual impacts.
f. If applicable, a landscape plan that shows existing vegetation, indicating any vegetation proposed for removal, and identifying proposed plantings by type, size and location and a description of applicant's proposed landscape maintenance schedule for the lifetime of the facility.
g. Information regarding potential environmental impacts (e.g., noise, visual, traffic, etc.) that may result from the installation of the wireless communication facility.
h. Certification by a qualified third party that the proposed wireless communication facility will comply with applicable radio frequency (RF) emission standards as established by the FCC. Such documentation may be satisfied by a written demonstration of compliance with FCC Bulletin OET-65, as amended.
95 i. Written description of any noise, light and/or heat generated by the facility, including, but not limited to, retractable monopole motors, antenna rotators, power generation, cooling equipment and similar items.
j. If applicable, an explanation for any deviation of the proposed facility from any of the design standards or other requirements of this section. Deviations are discouraged and shall only be granted by waiver or where required by State or Federal law.
2. Administrative Use Permit. An applicant for an administrative use permit for wireless communication facility shall complete and submit an application to the Planning Divisions of the Community Development Department for review and processing, upon the form provided by the city, which may be updated from time to time.
3. Incomplete Application. To promote efficient review and timely decisions, if the applicant fails to tender a substantive response to the Planning Division of the Community Development Department within 90 calendar days after the Community Development Director or designee deems the application incomplete in a timely written notice to the applicant, the Director may, in the Director's discretion, deny the application for a conditional use permit or an administrative use permit without prejudice to submit a new application and associated fees for the same proposed facility.
4. Third Party Review. At the applicant's expense, the city may require verification of the applicant's submitted technical data by a qualified independent third party selected by the city.
I. Application Fee. The application shall be accompanied by an application fee duly adopted by the city. Failure to include the fee with the application shall render the application incomplete and no action will be taken on the application until the fee is paid.
J. General Requirements.
1. State or Federal Requirements. All wireless communication facilities shall meet or exceed current standards and regulations of the FCC, the FAA, and any other agency of the State or Federal government with the authority to regulate wireless communication facilities. If such standards and regulations are changed and are made applicable to existing facilities, the owners of the facilities governed by this section shall bring such facilities into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring wireless communication facilities into compliance with such revised standards and regulations shall constitute grounds for the removal of the facilities at the 96 owner's expense, revocation of any permit or imposition of any other applicable penalty.
2. Building Codes and Safety Standards. To ensure the structural integrity of wireless communication facilities, the owner shall ensure that the facility is constructed and maintained in compliance with standards contained in applicable State or local building codes and the applicable standards that are published by the Telecommunications Industry Association, as amended from time to time. If, upon inspection, the city concludes that a wireless communication facility fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner and the opportunity to be heard as afforded by the applicable building code, the owner shall have 90 days to bring such facility into compliance with such standards. Failure to bring such facility into compliance within said 30 days shall constitute grounds for the removal of the facility at the owner's expense, revocation of any permit or imposition of any other applicable penalty.
K. Findings for Approval.
1. General Findings for Approval for All Wireless Facilities. No use permit for the installation or modification of a wireless communication facility, other than eligible facilities requests, shall be approved unless, on the basis of the application and other materials or evidence provided in review thereof, the applicable approval authority finds the following:
a. The facility complies with all applicable requirements of this section, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver thereof; and
b. The facility meets applicable requirements and standards of Federal and State law, including all applicable general orders of the California Public Utilities Commission.
2. Additional Findings for Temporary Facilities. No permit shall be approved for a temporary facility unless, on the basis of the application and other materials or evidence provided in review thereof, the following findings are made:
a. The facility qualifies as a temporary facility; and
b. There is an adequate need for the facility (e.g., wireless communication facility relocation or large-scale event).
97 3. Findings for Eligible Facilities Requests. No permit shall be approved for an eligible facilities request unless, on the basis of the application and other materials or evidence provided in review thereof, the following findings are made:
a. The proposed collocation or modification meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. Sections
1.6100(b)(3)-(9), or any successor provisions, after application of the definitions in 47 C.F.R. Section 1.6100(b). The reviewing authority shall make an express finding for each criterion;
b. The proposed facility complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. Sections
1.6100(b)(7)(i) through (iv), or any successor provisions; and c. The proposed facility will comply with all generally applicable laws.
M. Waiver of Requirements.
1. The reviewing authority may grant waivers of the requirements for wireless communications facilities subject to this section if it is determined that the applicant has established that denial of an application or strict adherence to the location and design standards would:
a. Prohibit or effectively prohibit the provision of personal wireless services, within the meaning of Federal law; or
b. Otherwise violate applicable laws or regulations; or c. Require a technically infeasible design or installation of a wireless facility.
2. If that determination is made, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible design or installation.
§ 9.09.390 Demolition of Housing Units
A. Notwithstanding any other law and notwithstanding local density requirements, the City shall not approve a housing development project that will require the demolition of one or more residential dwelling units unless the project will create at least as many residential dwelling units as will be demolished.
B. Notwithstanding any other law and notwithstanding local density requirements, the City shall not approve a development project that will require the demolition of occupied or vacant protected units, or that is located on a site where protected units were 98 demolished in the previous five years, unless all of the following requirements are satisfied:
1. The project will replace all existing protected units and protected units demolished on or after January 1, 2020.
a. Any protected units replaced pursuant to this paragraph shall be considered in determining whether the housing development project satisfies the requirements of State Density Bonus Law or City Ordinance that requires, as a condition of the development of residential rental units, that the project provide a certain percentage of residential rental units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households, as specified in Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code.
b. Section (B)(1) shall not apply to a project that meets all of the following conditions:
i. The project is an industrial use.
ii. The project site is entirely within a zone that does not allow residential uses.
iii. The zoning applicable to the project site that does not allow residential uses was adopted prior to January 1, 2022.
iv. The protected units that are or were on the project site are or were nonconforming uses.
2. If the project is a housing development project, it will include at least as many residential dwelling units as the greatest number of residential dwelling units that existed on the project site within the last five years. a. If the project is not a housing development project, the proponent will ensure that any required replacement housing is developed prior to or concurrently with the development project. The required replacement housing may be located on a site other than the project site but shall be located within the City of Moreno Valley. The project proponent may contract with another entity to develop the required replacement housing.
3. Any existing occupants will be allowed to occupy their units until six months before the start of construction activities. The project proponent shall provide existing occupants with written notice of the planned demolition, the date they must vacate, and their rights under this section. Notice shall be provided at least six months in advance of the date that existing occupants must vacate. 99 a. Any existing occupants that are required to leave their units shall be allowed to return at their prior rental rate if the demolition does not proceed and the property is returned to the rental market.
4. The developer agrees to provide both of the following to the existing occupants of any protected units that are lower income households:
a. Relocation benefits that are equivalent to the relocation benefits required to be paid by public entities pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1of the California Government Code and any implementing regulations.
b. A right of first refusal for a comparable unit available in the new housing development, or in any required replacement units associated with a new development that is not a housing development, affordable to the household at an affordable rent or an affordable housing cost. Section (B)(4)(b) shall not apply to any of the following:
i. A development project that consists of a single residential unit located on a site where a single protected unit is being demolished. ii. Units in a housing development in which 100 percent of the units, exclusive of a manager’s unit or units, are reserved for lower income households.
(A) Notwithstanding subclause Section(B)(4)(b)(ii),
Section(B)(4)(b) shall apply to protected units occupied by an occupant who qualifies for residence in the new
development and for whom providing a comparable unit
would not be precluded due to unit size limitations or
other requirements of one or more funding source of the housing development.
iii. A project that meets the requirements of Section (B)(1)(b) c. For purposes of complying with Section (B)(4)(b), if one or more singlefamily homes that qualify as protected units are being replaced in a development project that consists of two or more units, “comparable unit” means either of the following, as applicable. For purposes of Section (B)(4)(c), a comparable unit is not required to have the same or similar square footage or the same number of total rooms.
i. A unit containing the same number of bedrooms if the singlefamily home contains three or fewer bedrooms. 100
ii. A unit containing three bedrooms if the single-family home contains four or more bedrooms.
d. Section(B)(4) does not apply to an occupant of a short-term rental that is rented for a period of fewer than 30 days.
5. This subsection does not confer additional legal protections upon an unlawful occupant of a protected unit.
C. For purposes of this subsection:
(1) “Affordable housing cost” has the same meaning as defined in Section 50052.5 of the Health and Safety Code.
(2) “Affordable rent” has the same meaning as defined in Section 50053 of the Health and Safety Code.
(3) “Equivalent size” means that the replacement units contain at least the same total number of bedrooms as the units being replaced.
(4) “Housing development project” has the same meaning as defined in paragraph (3) of subdivision (b) of Section 65905.5.
(5) “Persons and families of low or moderate income” has the same meaning as defined in Section 50093 of the Health and Safety Code.
(6) “Lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code.
(7) “Protected units” means any of the following:
(a) Residential dwelling units that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income within the past five years. (b) Residential dwelling units that are or were subject to any form of rent or price control through a public entity’s valid exercise of its police power within the past five years.
(c) Residential dwelling units that are or were rented by lower or very low income households within the past five years.
(d) Residential dwelling units that were withdrawn from rent or lease in accordance with Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 within the past 10 years.
(8) “Replace” shall have the same meaning as provided in subparagraphs (B) and (C) of paragraph (3) of subdivision (c) of California Government Code 65915., for purposes of a development project that consists of a single residential unit on a site with a single 101
protected unit, “replace” shall mean that the protected unit is replaced with a unit of any size at any income level.
(9) “Very low income households” has the same meaning as defined in Section 50105 of the Health and Safety Code.
§ 9.15.030. Definitions.
"Abutting" means having district boundaries or lot lines in common. "Access corridor" means a portion of the lot providing access from a street and having a minimum dimension less than the required lot width.
"Access rights" means the right, claims, title or privilege of access, by pedestrians or vehicles, to a public road or way.
"Access road" means a graded road with such improvements and of such width, as required in Chapter 9.14 of this title, which provides access from a division of land to an existing maintained street or highway.
"Accessory building" means any subordinate building or portions of the main building, the use of which is incidental to that of the main building on the same lot or premises, and which is used exclusively by the occupants of the main building. "Accessory dwelling unit" means an attached or a detached residential dwelling unit, which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the existing single-family or multifamily dwelling is or will be situated. "Accessory structure" means a structure that is accessory or incidental to a dwelling on the same lot.
"Accessory structure used for living purposes" means an accessory structure which is habitable space, as defined by the International Building Code. "Accessory use" means any use customarily incidental to, related and clearly subordinate to a principal use established on the same lot or premises.
Acreage (adjusted net). "Adjusted net acreage" means the land area which remains after dedication of ultimate rights-of-way for: (1) exterior boundary streets; (2) flood control rights-of-way; and (3) public parks developed to meet minimum standards. Major utility easements and rights-of-way may not be counted as adjusted net acreage. Areas devoted to park land or active recreational uses may be counted as adjusted net acreage only if such public facilities are proposed over and above the minimum park land requirements.
102
"Active recreational uses" means facilities occurring on level or gently sloping land to a maximum slope of 10% which are designed to provide individual or group activities of an active nature, including, but not limited to, sports fields, court games, swimming pools, children's play areas, picnic areas, golf courses, and recreational community gardening. Active recreational uses do not include natural open space, nature study areas, open space for buffer areas, slopes greater than 10%, riding and hiking trails, scenic overlooks, water courses, drainage areas or water bodies. "Adjoining" means district boundaries or lot lines in common. "Advisory agency" means the city of Moreno Valley planning commission for all tentative Schedule "A," "B," "C," "D," "E," "F," "G," "H" and "I" maps, and for such other purposes as the context so indicates.
"Alley" means a secondary means of access to property and is located at the rear or side of the property. Minimum right-of-way width shall be 20 feet. "Alter" means to make a change in the supporting members of a structure, such as bearing walls, columns, beams or girders, which will prolong the life of the structure. In case of a sign, "alter" means a change of all or a portion of the copy, message or sign legend or face, except on signs designed to advertise changing messages. "Ambient level" means the general noise level one finds in a certain area at a given time.
Animal (exotic or wild). "Exotic" or "wild animals" means and includes lions, tigers, bears, simians, cougars, badgers, wolves, coyotes, foxes, lynx, peacock, monkey or any venomous or otherwise dangerous reptile or any other dangerous or carnivorous wild animal, or any wild animal, as defined in Section 2116 of the Fish and Game Code of the state of California, or any other animal determined to be dangerous or potentially dangerous by the city community development director.
Animal (large). "Large animal" means and includes equine, bovine and similar sized animals, as determined by the city community development director.
Animal (medium). "Medium animal" means and includes sheep, goats and similar sized animals, as determined by the city community development director.
Animal (small). "Small animal" means and includes rabbits, chinchillas, guinea pigs and other similar sized animals, as determined by the city community development director. "Antenna" means a device used to transmit and/or receive radio or electromagnetic waves between terrestrially and orbitally based structures.
Antenna, commercial. "Commercial antenna" means an antenna or satellite dish used in conjunction with a business, commercial enterprise, trade, calling, vocation, profession, occupation, or other means of livelihood, whether or not carried on for gain or profit, 103
including, but not limited to, public utilities, wireless telephone communications or private-owned or publicly supported AM or FM radio stations, cable television operations or television broadcast stations, but excluding standard television receive only antennas.
Antenna, noncommercial. "Noncommercial antenna" means an antenna or satellite dish not used in conjunction with a business, or commercial enterprise.
Antenna, satellite dish. "Satellite dish antenna" means a transmitting and receiving antenna, typically parabolic, disc or double convex shaped with an active element external to the disc that communicates by line of sight with another similar antenna or an orbiting satellite.
"Apartment" means one or more rooms with private bath and kitchen facilities comprising an independent self-contained dwelling unit in a building containing more than two dwelling units.
"Applicant" means an owner applying for a city permit pursuant to this title. "Approved access" means one of the following:
1. A dedicated right-of-way;
2. An offer to dedicate to the city of Moreno Valley, or an offer to dedicate to the county of Riverside for which the city of Moreno Valley is a successor in interest, a width as established by the circulation element of the Moreno Valley general plan or any adopted specific plan or highway right-of-way standards and a strip of land at least 12 feet in width which expressly grants to the owner of the subdivision or development and any successors in interest the right to use the easement without limit as to the quantity of vehicular traffic from each lot or use created by the owners or successors in interest to improved roadways in the city road system, both of which abut or connect to a publicly maintained roadway or connect to existing traveled roads where a prescriptive right by user exists for public use;
3. An offer to dedicate to the city of Moreno Valley, or an offer to dedicate to the county of Riverside for which the city of Moreno Valley is a successor in interest, or to the public in general, an easement for public road, highway and public utility purposes, of a width as established by the circulation element. The offer to dedicate to the public in general can be accepted by public use, but the easement for road construction thereon shall not become a city roadway until and unless the city council, by appropriate resolution, has caused such roadway to be accepted into the city road system; or
4. An existing traveled way where a prescriptive right by user has been established for public use by a court decree.
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"Approved fire hydrant" means an appliance meeting city of Moreno Valley standards and approved by the water company and fire department having jurisdiction for use as a fire hydrant.
"Arcades" means a place of business where more than four electronic, video or coinoperated games are operated for compensation. "Architectural features" means any portion of the outer surface of a structure, including, but not limited to, the kind, color and texture of the building material, the type and style of all windows, doors, lights, signs, walls, fences, awnings and canopies, screens, sculptures, decoration, roof shape and materials, and other fixtures appurtenant to a structure.
"Architectural projection" means a marquee, fireplace chimney, porch, canopy or similar projection of a building.
"Arterial" means a highway intended to serve through traffic, where access rights are restricted and intersections with other streets or highways may be limited. Minimum right-of-way width shall be 100 feet.
"Attendant parking" means parking facilities where a lot attendant parks vehicles for drivers. This term is used interchangeably with "valet parking." "Authorized agent" means a person bearing written authority from the property owner to act on behalf of and to bind the property owner.
"Automobile service station" or "gasoline service station" means a retail place of business engaged in supplying goods and services essential to the normal operation of automobiles, whose primary use is the dispensing of automotive fuel and motor oil.
Automotive and light truck repair (major). "Major automotive and light truck repair" means activities typically including, but not necessarily limited to, automotive and light truck repair, heavy automobile and truck repair, such as transmission and engine repair, automotive painting and body work, and the installation of major accessories.
Automotive and light truck repair (minor). "Minor automotive and light truck repair" means activities, including, but not necessarily limited to, automotive and light truck repair, the retail sale of goods and services for automotive vehicles and light trucks (less than 6,000 pounds), and the cleaning and washing of automotive vehicles. Uses typically include, but are not necessarily limited to, brake, muffler and tire shops and automotive drive-through car washes. Heavier automobile repair such as transmission and engine repair and auto body shops shall not be included in this land use type. "Aviary" means an outside enclosure within which small birds (excluding poultry or fowl, as defined) are kept and raised.
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"Awning" means a permanent or temporary structure attached to and wholly supported by a building, and installed over or in front of openings or windows in a building, and consisting of a fixed or movable frame and a top of canvas or other similar material covering the entire space enclosed between the frame and the building. "Banner," "flag," "pennant" or "balloon" means any cloth, bunting, plastic, paper or similar material used for advertising purposes attached to, pinned on, or hung from any structure, staff, pole, line, framing, vehicle or other object. "Barrier strip" means a strip of land one foot or more in width dedicated to the city of Moreno Valley for street purposes and access control at the end of a dead end street or along the side of a part-width dedicated street or other public right-of-way. "Bars" means an establishment serving alcoholic beverages for on-site consumption as the primary use, including bars, cocktail lounges, pubs, saloons, and taverns and in which the service of food is only incidental to the consumption of such beverages. "Bars, with limited live entertainment" means a bar or tavern that provides incidental entertainment, such as musical performances, where the performance area does not exceed 75 square feet and customer dancing does not occur. The use shall instead be classified as a nightclub if the performance area exceeds 75 square feet or customer dancing occurs. Live entertainment does not include a sexually oriented business. "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year; this is sometimes referred to as a one hundred-year flood. "Bicycle check-in parking system" means a parking system wherein the bicycle is delivered to, and left with, attendant(s) with provision for identifying the bicycle's owner.
The stored bicycles are accessible only to the attendant(s). "Bicycle locker" means a fully enclosed space accessible only to the owner or operator of the bicycle.
"Bicycle-monitored parking" means an area for the parking of bicycles which is under constant surveillance.
"Bicycle-restricted access parking" means Class 3 facilities within a locked room or locked enclosure accessible only to the owners or operators of bicycles parked within, or Class 2 facilities within the common locked garage area(s) of a multiple-family residential development which is accessible only to residents of the units for which the garage is provided.
"Bicycle way" means an area either within or outside the right-of-way of a dedicated street where bicycle travel is the designated use.
Billboard. See "Outdoor advertising display."
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"Block" means the aggregate of lots, pedestrian passages, and rear alleys, circumscribed on all sides by streets.
"Block length" means the linear dimension of a block along one of its street frontages. "Block perimeter" means the aggregate dimension of a block along all of its street frontages.
"Boarding or rooming house" means a building containing a dwelling unit where lodging is provided with or without meals for compensation. Notwithstanding this definition, no single-family residence lawfully operating pursuant to a state license under the California Health and Safety Code, that is otherwise exempt from local zoning regulations, shall be considered a boarding or rooming house for purposes of this code. "Bridge" means the construction of or addition to a bridge identified in the circulation element of the general plan or is part of a major thoroughfare and spans a waterway, railway, freeway or canyon.
"Building façade line" means the vertical plane along a lot where the building's front façade is actually located. See Figure 9.15.030-1 (Build-to-Zone). "Building face" means the area of a building elevation, front, rear or side, in which a business is located.
"Building frontage" means the side of a building which contains the main entrance for pedestrian ingress and egress. If more than one main entrance exists, the one that more nearly faces or is oriented to the street of highest classification as portrayed on the current general plan of circulation shall be considered the building frontage. If all streets are of the same classification, the side of the building with the smallest lineal dimension containing a main entrance shall be considered the building frontage. "Building height" means the vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the highest point of the highest gable of a pitch or hip roof, but exclusive of vents, air conditioners, chimneys or other such incidental appurtenances.
"Building site" means a legally created parcel or contiguous parcels of land in single or joint ownership, which provides the area and the open spaces required by this title for location of a building or structure, exclusive of all vehicular and pedestrian rights-of-way and all other easements that prohibit the surface use of the property by the owner thereof.
"Building space" means a building or portion of a building used by one business or other user interest without direct interior connections to other business interests. 107
"Build-to-zone" means the area between the minimum and maximum setbacks within which the principal building's front façade (building façade line) is to be located. See Figure 9.15.030-1 (Build-to-Zone).
Figure 9.15.030-1 Build-to-Zone
"Business complex" means a group of buildings and/or parcels planned or constructed as an integrated entity, with shared access and internal circulation. "Business directory sign" means a sign located in a multitenant complex which lists each business and address located therein.
"Business identification sign" means an on-site sign which identifies the business located therein.
"Cabana" means any portable, demountable or permanent cabin, small house, room, enclosure, or other building or structure erected, constructed or placed on a mobile home space and used in conjunction with a mobile home. Such structure shall not be used for sleeping purposes.
"Cannabis" means all parts of the Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted 108
therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this title, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code. "Cannabis cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
"Cannabis dispensary" means any activity involving the retail sale of cannabis or cannabis products from a retailer.
"Cannabis distribution" means the procurement, sale, and transport of cannabis and cannabis products between licensees.
"Cannabis distribution center" means a location that provides the procurement, sale, and transport of cannabis and cannabis products between entities licensed by the state of California.
"Cannabis manufacturing" means a location that produces, prepares, propagates, or compounds cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a person issued a valid commercial cannabis business permit for manufacturing from the city of Moreno Valley and, a valid state license as required for manufacturing of cannabis products. "Cannabis microbusiness" means a location with a combination of at least three of the following four commercial cannabis activities: manufacturing, cultivation (limited to 10,000 square feet), distribution, and dispensary.
"Cannabis testing" means a laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products and that is both: (1) accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state; and (2) licensed by the Bureau of Cannabis Control. "Can sign" means an internally illuminated sign consisting of a metal cabinet and a sign face(s) made, in part, of a translucent material such as plexiglass. "Canopy" means all areas occupied by any portion of a cannabis plant, inclusive of all vertical planes, whether contiguous or noncontiguous on any one site. "Canopy" means a small roof or awning attached to and supported by the wall of a structure.
"Canopy or awning sign" means a sign painted, placed or installed on any awning or canopy.
"Carport" means a permanently roofed structure with not more than three enclosed sides used for automobile shelter and storage.
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Catteries.
1. "Commercial catteries" means any building, structure, enclosure or premises whereupon, or within which five or more cats are kept or maintained primarily for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose.
2. "Noncommercial catteries" means any building, structure, enclosure or premises whereupon, or within which, five or more cats are kept or maintained, but not primarily for financial profit.
"Child day care facility" means a facility, that provides nonmedical care to children under 18 years of age in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24 hour basis. Child day care facility includes day care centers, employer-sponsored child care centers, and family day care homes.
"City" means the city of Moreno Valley.
"City council" means the city council of the city of Moreno Valley. "City standards" means standard drawings as prepared or adopted by the public works director/city engineer, showing the nature of various items of improvement work to be constructed and/or made a part of the improvement agreement. "Collection facility" means a center for the acceptance, by donation, redemption, or purchase, of recyclable materials from the public. Collection facilities may include the following:
1. Reverse vending machine(s);
2. Small collection facilities which occupy an area of not more than 500 square feet, and may include:
a. A mobile recycling unit,
b. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet,
c. Kiosk type units, which may include permanent structures, d. Unattended containers placed for the donation of recyclable materials;
3. Large collection facilities which may occupy an area of more than 500 square feet and may include permanent structures.
"Collector street" means a street which is intended to serve intensive residential land use, multiple-family dwellings, or to convey traffic through a subdivision to roads of equal capacity or greater. It may also serve as a cul-de-sac in industrial or commercial 110
use areas but shall not exceed 660 feet in length when so used. Minimum right-of-way width shall be 66 feet.
"Commercial-ready space" means ground floor interior space constructed with a minimum height as established in Section 9.07.096 (Building frontage type standards) that may be used for either residential or nonresidential uses. The intent of commercialready space is to provide flexibility so that a space can be converted between residential and nonresidential uses in response to market demand. "Communication and telecommunication facilities" means and includes cable television reception facilities, cellular telephone facilities, centers for employee telecommuting, communication receiving and broadcasting facilities and the like. "Communication facilities" means communication towers, equipment structures, monopoles, and the necessary appurtenances. "Community development director" means the community development director of the city of Moreno Valley.
"Community noise equivalent level (CNEL)" means the average noise level during a 24 hour day, in decibels, weighted to account for the lower tolerance of people to noise during evening (seven p.m. to ten p.m.) and night (ten p.m. to seven a.m.) hours relative to daytime hours, and shall be computed as prescribed by Title 25 of the Administrative Code of the state of California.
"Community services district" means a community services district which has the power to construct and maintain streets, landscaping, or other public improvements as appropriate with the context used.
Compatible.
1. The term "compatible" means capable of coexisting in harmony or without significant conflict. A compatible land use will not cause a significant detriment to the use, economic value, habitability and enjoyment of residents, owners, workers, and/or patrons of any land uses in the surrounding and adjacent area.
In terms of building design, compatible means consistent or in harmony with existing and planned development.
2. Elements to be considered in the evaluation of compatibility include, without limitation by this enumeration, style, mass, bulk, size, use, occupancy, improvements, character, scale, texture, color and other principles of design described in the city of Moreno Valley design guidelines. "Comprehensive general plan" means the comprehensive general plan of the city of Moreno Valley, including all elements thereof, as adopted by the city of Moreno Valley. 111
"Condominium" means an estate in real property consisting of an undivided interest in common in portion of real property, coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map, parcel map or condominium plan in sufficient detail to locate all boundaries thereof, and as more specifically defined by California Civil Code Section 1351(f). "Construction sign" means a temporary sign announcing a future use or a project under construction and identifying parties participating in the project. "Contractor's storage yard" means a use providing for storage and/or distribution of supplies or construction of materials required in connection with a business activity, public utility service, transportation service, or similar activity. "Contractor's storage yard with office" means a use providing for storage and/or distribution of supplies or construction of materials required in connection with a business activity, public utility service, transportation service, or similar activity. The use shall also include a permanent structure on a foundation for office use on the site. "Convalescent home" means a facility licensed by the State Department of Public Health, the State Department of Social Welfare, or the county of Riverside, which provides bed and ambulatory care for patients with postoperative convalescent, chronically ill or dietary problems, and persons aged or infirm unable to care for themselves; but not including alcoholics, drug addicts, or persons with mental or contagious diseases or afflictions.
"Convenience sign" means a sign which conveys information such as "restrooms," "no parking," "entrance," or minor business identification for directional purposes, and is designed to be viewed on site by pedestrians and/or motorists. "Convenience store" means any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet. "Copy" means any words, letters, numbers, figures, designs or other symbolic representations incorporated into a sign.
Copy area. See "Sign copy area."
"Cul-de-sac street" means a road open at one end only, with special provisions for turning around, and the further extension of which is precluded by the land division design.
"Day care center" means any child day care facility, licensed by the state of California, other than a family day care home, and includes infant care centers, preschools, and extended day care facilities.
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"dBA" means a number in decibels read from a sound level meter with the meter using the "A" weighting filter. The "A" weighting filter de-emphasizes very low and very high frequency sounds in a manner similar to the response of the human ear. "Dead end street" means a street open at one end only, without provisions for turning around and which may be further extended into adjoining property. "Density" means the number of dwelling units per net acre. "Department of Transportation" means the Department of Transportation of the state of California.
Design (land divisions). For purposes of Chapter 9.14 of this title, "design" means:
1. Street alignments, grades and widths;
2. Drainage and sanitary facilities and utilities, including alignments and grades thereof;
3. Location and size of all required easements and rights-of-way;
4. Fire roads and firebreaks;
5. Lot size and configuration;
6. Traffic access;
7. Grading;
8. Land to be dedicated for park or recreational purposes; and
9. Such other specific physical requirements in the plan and configuration of the entire land division as may be necessary to insure consistency with or implementation of the comprehensive general plan and any applicable specific plan.
"Directional sign" means a sign used to direct and control vehicular or pedestrian traffic and is located upon the same parcel of land as the use that it is intended to serve. A subdivision directional sign shall not be included in this category. "Disability" means a person with a disability to include any: (1) individual with a physical or mental impairment that substantially limits one or more major life activities; (2) individual with a record of such impairment; or (3) individual who is regarded as having such an impairment.
"Discontinued use" means a business or activity that has ceased operation at any given location for a continuous period of at least 60 days.
"District" means a portion of the city within which the use of land and structures and the location, height and bulk of structures are governed by this title. 113
"Divided arterial" means a divided highway primarily for through traffic to which access from abutting property shall be kept at a minimum. Intersections with other streets or highways shall be limited to approximately one-quarter mile intervals. Minimum right-ofway width shall be 110 feet. "Divided highway" means a roadway with two roadbeds.
"Divided major arterial" means a six-lane divided highway primarily for through traffic serving property zoned for major industrial, commercial and multiple residential uses where anticipated traffic volumes exceed four-lane capacity. Access from other streets or highways shall be limited to approximately one-quarter mile intervals. Minimum rightof-way width shall be 134 feet. "Dormitory" means a building intended or used principally for housing students, where such building is related to an educational institution.
Dwelling (attached multifamily). "Attached multifamily dwelling" means a building containing two or more dwelling units.
Dwelling (single-family). "Single-family dwelling" means a building containing one dwelling unit.
"Dwelling unit" means a building or mobile home or portion thereof, which contains living facilities for not more than one family, within which one family has interior access to all parts of the dwelling. In the case of residential care facilities with shared eating, cooking or sanitation facilities, a dwelling unit is a building or portion thereof that contains living facilities for 10 or less persons.
"Edge of a right-of-way" means a measurement from the limit of the public right-of-way measured along a line equidistant from and parallel to the centerline of the freeway or highway.
"Educational institutions" means public and other institutions conducting regular academic instruction at kindergarten, elementary, secondary or collegiate levels, and including graduate schools, universities, research institutions and religious institutions.
Such institutions must either offer general academic instruction equivalent to the standards prescribed by the State Board of Education, or confer degrees as a college or university of undergraduate or graduate standing, or conduct academic or scientific research, or give religious instruction. The definition does not include commercial or trade schools.
"Efficiency unit" means an attached unit for occupancy by no more than two persons which have a minimum floor area of 150 square feet and which may also have partial kitchen or bathroom facilities, as allowed in Section 17958.1 of the Health and Safety Code.
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"Emergency shelters" (California health and safety code section 50801(e)) means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
Entertainment (live). "Live entertainment," when used in this title in connection with the performing arts and other methods of live performances by entertainers, shall apply to the following activities where they occur on a scheduled basis three or more days during a calendar year on the site of a use other than a public or semi-public use:
1. A musical, theatrical or dance recital performed by one or more persons, regardless of whether performers are compensated;
2. Any form of dancing by patrons or guests at a business establishment; or
3. A fashion show, except when conducted within an enclosed building used primarily for manufacture or sale of clothing.
"Environmental constraint note" means any note or notes required by the conditions of approval to be shown on an environmental constraint sheet and reference made thereto on the final map. This shall be required when constraints involving (but not limited to) any of the following are conditioned by the advisory agency or city council:
archaeological sites, geologic mapping, grading, building, building setback lines, flood hazard zones, seismic lines and setbacks, fire protection, water availability or sewage disposal, and signalization mitigation.
"Environmental constraint sheet" means a duplicate of the final map on which are shown the environmental constraint notes. This sheet shall be filed simultaneously with the final map, with the city engineer and labeled "ENVIRONMENTAL CONSTRAINT SHEET" in the top margin. Applicable items will be shown under a heading labeled environmental constraint notes. The environmental constraint sheet shall contain the statement: THE ENVIRONMENTAL CONSTRAINT INFORMATION SHOWN ON THIS
MAP SHEET IS FOR INFORMATIONAL PURPOSES DESCRIBING CONDITIONS AS
OF THE DATE OF FILING, AND DERIVED FROM PUBLIC RECORDS OR REPORTS
AND DOES NOT IMPLY THE CORRECTNESS OR SUFFICIENCY OF THOSE RECORDS OR REPORTS BY THE PREPARER OF THIS MAP SHEET.
"Environmental impact report (EIR)" means a report complying with the requirements of and as defined by the California Environmental Quality Act (CEQA) and its implementing state guidelines. This term is synonymous with an environmental impact statement (EIS) as defined in federal law.
"Exploration" means the search for minerals by geological, geophysical, geochemical or other recognized techniques. These include, but are not limited to, sampling, assaying, 115
drilling or any surface or underground works needed to determine the type, extent or quantity of minerals present.
"Expressway" means a highway for through traffic to which access from abutting property is restricted. Intersections with other streets or highways shall be limited to approximately one-half mile intervals.
Fascia sign. See "Wall sign."
"Family" means one or more individuals occupying a dwelling unit and living as a single household unit.
"Family day care home" means a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home.
Farm projects (future farmers, 4-H or similar projects). "Farm projects" means not more than two cattle, horses, sheep, goats or similar farm animals on parcels not less than 20,000 square feet in size, and other small animals on smaller lots as specified in this title, being fattened or trained in connection with the education of a person as a member of a recognized farm education organization.
"Finance and conveyance map" means a map used to parcelize undivided land, parcel maps, or tract maps for non-build reasons.
"Fire chief" means the chief of the fire protection agency or of any other applicable district, agency or department of the city or designee having jurisdiction for fire protection purposes in the area in which a land division is located. "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters; or
2. The unusual and rapid accumulation of run-off of surface waters from any source.
"Flood control engineer" means the person as determined by the area in which a land division is located, as follows:
1. Within the boundaries of the Riverside County flood control and water conservation district, it means the chief engineer of that district.
2. In other instances, it means the city engineer or designee. "Flood hazard area" means an area having special flood, mudslide (i.e., mudflow) and/or flood-related erosion hazards, as shown on a sectional district map, flood insurance rate map (FIRM) or flood boundary and floodway map. 116
"Flood insurance rate map (FIRM)" and "flood boundary and floodway map" mean the official maps on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood insurance study" means the official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the boundaries and the water surface elevations of the base floods.
"Flood related erosion" means the collapse or subsidence of land along the shore of a lake or other body of water or adjacent to a stream as a result of erosion or undermining, caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water unanticipated force of nature, such as a flash flood or by an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.
"Floodplain" means the land area adjacent to a watercourse, and/or other land areas susceptible to being inundated by water from any source (see definition of "Flood" or "flooding").
"Floodway" means the channel of a river or other watercourse and that part of the floodplain reasonably required to discharge the design flood without cumulatively increasing the water surface elevation more than one foot at any point assuming equal conveyance reduction outside the channel from the two sides of the floodplain.
Floor area (gross). "Gross floor area" means the total enclosed area of all floors of a building measured to the inside face of the exterior walls but excluding area used exclusively for vehicle parking or loading.
Floor area (net). "Net floor area" means the total building floor area excluding garages, hallways, lobbies, elevators and other common spaces.
"Floor area ratio (FAR)" means the mathematical relation between volume of building and unit of land expressed as the ratio of gross floor area of all structures on a lot to total lot area. See Table 9.07.095-10 (Mixed-Use Overlay District Development Standards) for FAR figures applicable to the mixed-use overlay districts. See Figure
9.15.030-2 (Floor Area Ratio).
Figure 9.15.030-2 Floor Area Ratio
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"Freestanding sign" means any sign which is supported by one or more columns or uprights embedded in the ground, and which is not attached to any building or structure.
Freestanding sign shall be architecturally integrated with the primary use on-site.
Figure 9.15.030-3 Freestanding Sign
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"Freeway" means a highway upon which there are no abutter's rights of access, and which provides separated grades at intersecting streets.
Frontage road (major, secondary and/or residential). "Major, secondary and/or residential frontage road" means an auxiliary street adjacent to freeways, expressways, and flood control channels and other rights-of-way which is used primarily to provide public access to adjacent property. Minimum right-of-way width shall be in accordance with the appropriate city standards.
"Future tenant identification sign" means a temporary sign for an approved project which identifies a future use of a site or building.
"Garage" means a permanently roofed and enclosed structure with a garage door which is intended to be used for automobile shelter and storage.
Garage (Subterranean). "Subterranean garage" means a visually enclosed structure or portion of a structure intended to be used for the storage of automobiles, the maximum height of which is no greater than two and one-half feet measured from the existing grade.
"General local street" means a through street serving 50 or more single-family lots or lot sizes of less than 7,200 square feet. It may also serve as a private interior street in an industrial park. Minimum right-of-way width shall be 60 feet. 119
Grade (Existing). "Existing grade" means the surface of the ground or pavement at a stated location as it exists prior to disturbance in preparation for a project regulated by this title.
Grade (Finish). "Finish grade" means the final grade of the site which conforms to the approved plan.
"Grand opening sign" means a temporary sign for a promotional activity used for the original opening of a business at a particular location, within 30 days after occupancy, to inform the public of its location and contribution to the community. Existing businesses may qualify for an original opening if the ownership and the name of the business is changed. "Grand opening" does not mean an annual or occasional promotion of retail sales by a business or opening of a related store at another location. "Guest room" means any rented or leased room which is used or designed to provide sleeping accommodations for one or more guests in apartments, hotels, motels, private clubs, lodges and fraternal organizations. In a suite of rooms, each room that provides access to a common hall or direct access to the outside area shall be considered as one guest room.
"Handicapped housing" means multiple-family housing in which all of the dwelling units serve physically handicapped persons. Handicapped housing is characterized by doors, elevators, bathroom and kitchen facilities designed to accommodate physically handicapped persons. Handicapped housing does not include residential care facilities licensed by the state of California.
"Hardscape" refers to the solid, hard elements in landscape design that stay the same for years. Examples of hardscape designs include patios, decks, driveways, walkways, stairs, water features, retaining or garden walls and outdoor kitchens. Many different materials are used in hardscape designs including concrete, brick, slate and flagstone. "Hazardous fire area" means any land which is covered with grass, grain, brush or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion.
"Health officer" means the health officer of Riverside County. "Height" means a vertical dimension measured from existing grade unless otherwise specified.
"Highway" or "street" means a right-of-way within which improvements are constructed for the conveyance of vehicular, pedestrian and other permitted traffic and includes all highways, streets, roads and alleys. Such rights-of-way and improvements shall be in conformity with city of Moreno Valley standards and specifications. 120
"Homeless shelter" means a facility operated by a provider, other than a "community care facility," as defined in the California Health and Safety Code Section 1502, which provides temporary emergency shelter and/or an intake office for homeless persons. An intake office is a facility where homeless persons contact the provider and make arrangements for obtaining shelter. A provider is a government agency or a private nonprofit organization which provides temporary emergency shelter for the homeless and that meets all of the applicable requirements contained in the California Health and Safety Code and the California Administrative Code.
"Home occupation" means an occupation conducted in a dwelling unit, in a residential district that is incidental to the principal residential use of a lot or site.
Hot tub. See "Swimming pools, hot tubs and spas."
"Hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for use or occupancy by transients, including, but not limited to, dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, time-share project or facility, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof, duplex, triplex, single-family dwelling units except any private dwelling house or other individually owned single-family dwelling house unit rented only occasionally (infrequently) and incidentally to the normal occupancy by the owner or his or her family; provided, that the burden of establishing that the housing or facility is a hotel as defined herein shall be upon the owner or operator thereof who shall file with the tax administrator such information as the tax administrator may require, to establish and maintain such status.
"Household pet" means animals which are kept exclusively inside the residence, except dogs and cats, and for which no outside cages or shelters are required. These include, but are not limited to, snakes, birds (other than fowls), guinea pigs, and other animals which are not offensive to a residential neighborhood by nature of noise, odor or other objectionable features.
Illumination (direct). "Direct illumination" means illumination by means of light that travels directly from its source to the viewer's eye.
Illumination (indirect). "Indirect illumination" means illumination by means only of light cast upon a surface from a source from which the light does not travel directly to the viewer's eye.
"Impound yard" means any property used for the temporary storage of vehicles which have been legally removed or impounded at the direction of a peace officer or by judicial order, as prescribed by law. This definition shall not be construed to include vehicle repair, dismantling, salvage or wrecking activities, nor the sale of vehicles or parts. 121
"Improvement" means any street work surveys and monuments and utilities to be installed, or agreed to be installed, by the land divider on the land to be used for public or private streets, highways, and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof.
Improvement also means such other specific improvements or types of improvements, the installation of which, either by the land divider, public agencies, private utilities, by any other entity approved by the city of Moreno Valley or its designated officer or entity, or by any combination thereof, is necessary to insure consistency with, or implementation of, the general plan and any applicable specific plan. "Improvement agreement," as herein referred to, means the formal subdivision improvement agreements entered into with the city council of the city of Moreno Valley by the subdivider or developer, as completed and executed by both parties. Such agreements to set forth all requirements for improvement of the subject subdivision, including roads, water supply systems, drainage systems and devices, sewers, monuments or other work as set forth therein.
"Improvement standards" means the standards set forth in this and other city ordinances or regulations related to the development of land as a subdivision or parcel map division.
"Industrial collector" means a three-lane interior, circulatory street with a continuous left turn lane with at least one end connecting to a road of greater capacity. Minimum rightof-way width shall be 78 feet.
Integration of uses. Potential ways to integrate uses allowed in mixed-use development include:
1. Vertical Integration. A mix of nonresidential uses (i.e., commercial, retail, and/or office) located on the ground floor with residential dwelling units located above.
2. Horizontal Integration. A mix of nonresidential uses located on the primary street frontage of a lot and residential uses located at the rear of a lot. "Interior sign" means a sign inside any business that cannot be seen from outside of the building in which the business is located or located more than three feet of the window. "Internal ADU" means an ADU that is fully contained within the existing space of the primary structure or an accessory dwelling unit.
"Junior accessory dwelling unit (JADU)" means a residential dwelling unit of no more than 500 square feet that is completely contained within the space of an existing residential structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. 122
"Junk" means an article in poor condition due to deterioration or disrepair.
Kennel (commercial). "Commercial kennel" means any property maintained for the purpose of boarding, breeding, raising or training dogs or cats over the age of four months for a fee or for sale.
Kennel (noncommercial). "Noncommercial kennel" means any property where four or more dogs or cats, over the age of four months, are kept or maintained for the use and enjoyment of the occupant for noncommercial purposes.
"Land divisions" shall be as defined by California Government Code Sections 66410 et seq., commonly known as the Subdivision Map Act, Division 2, Subdivision, Article 2, Definitions.
"Land project" means a land division, as defined in Section 11000.5 of the Business and Professions Code.
"Land use approval" means an approval granted at the discretion of the community development director in connection with a building plan, landscape plan or other requested approval certifying that the proposal complies with applicable city ordinances, regulations and any applicable project conditions and where the findings are made by the community development director pursuant to Section 9.02.170(C) of this title. "Land use ordinance" means the city of Moreno Valley development code as amended. “Large family daycare home” means a facility that provides care, protection, and supervision for 7 to 14 children, inclusive, including children under 10 years of age who reside at the home, as set forth in Section 1597.465 and as defined in regulations. "License" means a state license issued under this title, and includes an A-license and an M-license, as well as a testing laboratory license.
"Licensee" means any person holding a license under this title, regardless of whether the license held is an A-license, M-license, or a testing laboratory license.
Lighting (minimum maintained). "Minimum maintained lighting" means a method of measuring light at the ground level.
Figure 9.15.030-4 Lighting (Minimum Maintained)
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"Light trespass" means any artificial light or glare from a light fixture onto neighboring property that interferes with viewing of the night sky, or eliminates the ability to have darkness on the adjacent property, or shines into neighboring windows, properties or structures.
"Livestock" means and includes cows, bulls, calves and heifers, except pigs. "Live-work" means a structure or complex of structures that integrates space for both residential and nonresidential uses within individual units. "Live-work unit" means a unit with both residential and nonresidential uses and where neither use is subordinate to the other.
Lodge hall. A "lodge hall" consists of a building where a nonprofit fraternal organization holds meetings and social gatherings. A fraternal organization is a group of people formally organized for a common interest and generally characterized by membership qualifications, payment of fees or dues, a constitution and by-laws. "Lot" means a designated parcel, tract or area of land established by plot, subdivision or as otherwise permitted by law, to be used, developed or built upon as a unit. "Lot area" means the area within the lot lines after dedication. See "Acreage (Adjusted Net)."
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Lot (corner). "Corner lot" means a site bounded by two or more streets that have an angle of intersection of not more than 135 degrees. The front yard of a corner lot shall adjoin the narrowest street property line.
"Lot coverage" means the ratio between the ground floor area of the building or buildings and the lot area. Lot coverage shall be exclusive of steps, chimneys, unenclosed and unroofed terraces and patios.
"Lot depth" means the horizontal distance between the midpoint of the front lot line and midpoint of the rear lot line.
Lot (Double frontage). "Double frontage lot" means a lot having frontage on two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.
Lot (Flag). "Flag lot" means a lot with access to a street by a portion of the lot not meeting the requirement of the code for lot width, but having a dimension of at least 35 feet at its narrowest point.
Lot (Interior). "Interior lot" means a lot other than a corner lot.
Lot (key). "Key lot" means the first interior lot to the rear of a reversed corner lot.
Lot (reversed corner). "Reversed corner lot" means a corner lot having a side lot line which is substantially a continuation of the front lot line of a lot to its rear.
Lot or property line (front). "Front lot line" or "front property line" means, in the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the front lot line shall be the narrowest frontage separating the lot from the street.
Lot or property line (rear). "Rear lot line" or "rear property line" means any lot line that is not a front lot line or a side lot line. In the case of a triangular or otherwise irregularly shaped lot, a line or lines 10 feet in length entirely within the lot, parallel to and a maximum distance from the front lot line.
Lot or property line (side). "Side lot line" or "side property line" shall be determined as those two lines which intersect the rear line of the required front yard setback and extend to the rear property line(s) of the lot. In the case of an irregularly shaped lot, only the two lines which intersect the rear line of the required front yard setback line shall be side property lines.
Figure 9.15.030-5 Lot/Property Line
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"Lot line adjustment" means a minor alteration, as approved by the city engineer, to adjust a lot line or lot lines. It is not a subdivision or resubdivision procedure and is intended to be used only in those situations where the provisions of the Subdivision Map Act and this title applicable to subdivisions and resubdivisions do not apply. "Lot width" means the average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. "Major thoroughfare" means those roads designated as an expressway, divided major arterial, modified divided major arterial, divided arterial, arterial and minor arterial as described in this title and reflected in the circulation element of the general plan and whose primary purpose is to carry the through traffic and provide a network connecting to or which is part of the state highway system.
"Manufactured home" means a factory built home as permitted by California law.
Manufacturing (custom).
1. "Custom manufacturing" activities include, but are not limited to, assembly, manufacturing, processing, packaging, treatment or fabrication of custom made products. These types of businesses do not utilize raw materials for their finished products, but rather, may utilize semi-finished types of manufactured materials for their custom made-to-order products. The finished products are ready for use or consumption and may include on-site wholesale and warehousing of the goods produced. Uses may include, but are not limited to, manufacturing and warehousing of apparel products; art objects; jewelry; household furniture; small instruments (musical, electrical or photographic); stationery and related products; signs and advertising displays; stained glass products; leather products; and assembly of bicycle parts.
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2. "Custom manufacturing" activities do not produce odors, noise, vibration, hazardous waste material or particulates which would adversely affect other uses in the structures or on the same site.
Manufacturing (general). "General manufacturing" activities include, but are not limited to, assembly, manufacturing, compounding of materials, packaging, treatment or fabrication of materials and products which require frequent large container truck traffic or the transport of heavy, bulky items. Products are semi-finished to become a component for further manufacturing, fabrication and/or assembly. These types of businesses are usually directed to interplant transfer, or to order from industrial uses, rather than direct sale to the end consumer. Uses may include, but not be limited to, canned foods, furniture and fixtures, converted paper and paper board products, textile products, plastic products made from purchased plastic, resin or rubber products, fabricated metal products made from sheet metals, electrical and electronic machinery, equipment and supplies, accounting, computing and office machines. Activities may only produce noise, odors, vibrations, illumination or particulates that have been mitigated so as not to affect the persons residing in or conducting business in the vicinity.
Manufacturing (light). "Light manufacturing" activities include, but are not limited to, assembly, labor intensive manufacturing, fabrication or repair processes which do not involve large container truck traffic or transport of large scale bulky products. New products may be finished in that the product is ready for use or consumption or it may be semi-finished to become a component for further assembly and packaging. These types of businesses are usually directed to the wholesale market, inter-plant transfer rather than direct sale to the consumer. Uses may include, but not be limited to, electronic microchip assembly; printing, publishing and allied industries; candy and other confectionery products; bottle, canned soft drinks and carbonated water; apparel and other finished products; paper board containers and boxes; drugs; small, fabricated metal products such as hand tools, general hardware, architectural and ornamental metal works; amusement, toys, sports and athletic goods. These activities do not produce odors, noise, vibration, hazardous waste material or particulates which would adversely affect other uses in the structure or on the same site. "Median" means the portion of a divided highway separating the traveled way for traffic in opposite directions.
"Mezzanine" means an intermediate floor between main floors of a building. The floor often projects from the walls and does not completely close the view of the ceiling from the floor immediately below. A mezzanine floor and the floor below it share the same ceiling.
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"Mined lands" means the surface, subsurface and groundwater of an area where surface mining operations will be, are being, or have been conducted. This includes private ways and roads appurtenant to any such land excavations, workings, mining waste, and areas where structures, facilities, equipment, machines, tools or other materials or property which result from, or are used in, surface mining operations are located.
"Minerals" means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances.
These include, but are not limited to, sand, gravel, coal, peat and bituminous rock, but exclude geothermal resources, natural gas and petroleum. "Mining waste" means the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from, or displaced by, surface mining operations.
Mini-warehouse (self-storage warehouse). A "mini-warehouse" means a facility containing separate storage spaces leased or rented to individual tenants who have access to such space for the purpose of storing and removing personal property. Miniwarehouses are also known as self-storage warehouses and self-service storage facilities. A mini-warehouse is not to be construed as a small, conventional warehouse. "Minor arterial" means a highway intended to serve through traffic and where access rights are restricted. Minimum right-of-way width shall be 88 feet. Intersections with other streets and highways shall be as approved by the city engineer. "Mixed-use horizontal development" means development that combines two or more types of land uses (e.g., residential, commercial, office, industrial, institutional, or recreation) on a single development site, but not necessarily in the same building; typically nonresidential uses are located adjacent to the street and residential uses are located away from major streets behind nonresidential uses. "Mixed-use overlay district" means a land use designation (zoning district) that allows a combination of uses, which may include residential, commercial, office, industrial, institutional, or recreational uses.
"Mixed-use vertical development" means development that combines two or more types of land uses (e.g., residential, commercial, office, industrial, institutional, or recreation) in a single building in a vertical configuration, typically with residential uses located above nonresidential uses.
"Mobile home" means a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers.
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"Mobile home park" means a development where spaces are provided for rent or lease to accommodate mobile homes that are used for residential purposes. "Mobile recycling unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A mobile recycling center also means the bins, boxes or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials. "Modified divided major arterial" means a six-lane divided highway primarily for through traffic where anticipated traffic volumes exceed four-lane capacity and where access rights are restricted. Access from other streets or highways shall be limited to approximately one-quarter mile intervals. Minimum right-of-way width shall be 102 feet. "Monument sign" means a sign supported permanently on the ground by columns, pilasters, or similar details to provide design interest and complement their surroundings. Monument signs shall incorporate landscaping to screen the base.
Landscaping around monument signs should be designed to ensure the long-term readability of the sign.
Figure 9.15.030-6 Modified Monument Sign
"Moving sign" means a sign, of which all or a portion, may move either on an intermittent or constant basis.
"Mulch" means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.
"Multifamily ADU" means an ADU consistent with state law that is proposed on the same parcel with a multifamily structure in a residential, mixed use zone, or specific plan zone that allows for residential or mixed use.
"Multifamily dwelling structure" means, for the purposes of ADU law, a structure with two or more attached dwellings on a single lot.
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"Multi-lane demand" means projected traffic volume which will exceed the nominal capacity of a two-lane street section when such projected traffic volume is determined by a rational method of traffic generation employing land use techniques and traffic engineering principles.
Net acre. See "Acreage (Adjusted Net)."
"Nightclubs" means a bar, tavern, restaurant or similar establishment that provides live entertainment (music, comedy, etc.) that may serve alcoholic beverages for sale, where the performance area exceeds 75 square feet, or customer dancing occurs. "Nonconforming lot" means a lot which when lawfully created or established, complied with the area requirements of the district where located, but which does not conform to the presently existing area regulations of the district where located, or which does not conform to the presently existing requirements of the subdivision regulations governing lot standards.
"Nonconforming outdoor advertising display" means an existing and lawfully constructed and maintained outdoor advertising display not in conformance with Ordinance No. 133 as of July 9, 1987, and any legally constructed and maintained outdoor advertising display established after July 9, 1987 which is not in conformance with Chapter 9.12 of the Moreno Valley Municipal Code as of the date said chapter became effective. "Nonconforming sign" means all existing and lawfully constructed and maintained signs:
(1) which did not comply with Interim Ordinance 348 (the zoning ordinance in effect prior to adoption of this title) immediately prior to the adoption of this title and which still do not comply with the provisions of Chapter 9.12 of this title; or (2) which do not now comply with the provisions of this title.
"Nonconforming structure" means a structure which was lawfully erected, but which does not conform with the standards for the district in which the structure is located by reason of adoption or amendment of a prior zoning or land use ordinance or this title. "Nonconforming use" means a lawfully established and maintained use which does not conform with the use standards for the district in which the use is located by reason of adoption or amendment of a prior zoning or land use ordinance or this title. "Offices, business and professional" means offices of firms or organizations providing professional, executive management or administrative services such as architectural, engineering, real estate, insurance, investment, legal and medical/dental offices. This classification includes medical/dental laboratories incidental to an office use, but excludes banks and savings and loan associations.
"Off-site sign" means a sign that directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing other than upon the same lot where the sign is displayed.
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"Off-site subdivision sign" means a sign which directs traffic to an off-site subdivision within the city.
"Off-street loading facilities" means a site or portion of a site devoted to the loading or unloading of motor vehicles or trailers, including loading berths, aisles, access drives and landscaped areas.
"Off-street parking facilities" means a site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives and landscaped areas.
"On-site advertising structure or sign" means a structure or sign that is erected or maintained to advertise goods sold, business conducted, or services rendered on the site upon which the sign is located.
"On-site subdivision sign" means a sign which identifies the subdivision upon which the sign is located.
Open space (common). "Common open space" means usable open space within a residential development reserved for the exclusive use of residents of the development and their guests.
Open space (private). "Private open space" means a usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.
Open space (usable). "Usable open space" means outdoor space unobstructed from ground to sky, which serves a recreational function or provides visual relief from the building mass, the minimum dimension of which shall be six feet excluding required front yard.
"Outdoor recreational facility" means a facility designed and equipped for the conduct of outdoor sports, leisure time activities and other customary and usual recreational activities, and which includes public and private facilities. "Outer separation" means the area between the traveled way of a highway for through traffic and a frontage road or service road.
"Overburden" means the soil, rock or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal by surface mining operations.
"Owner" means any of the following:
1. A person with an aggregate ownership interest of 20% or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance.
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2. The executive officer of a nonprofit or other entity.
3. A member of the board of directors of a nonprofit.
4. An individual who will be participating in the direction, control, or management of the person applying for a license or who has a financial interest in the business other than a fixed lease of real property.
Parcel map division. See "Land divisions."
"Park," as used herein, means a parcel or parcels of land, which is open and available for use by the general public and which serves recreational needs of the public. "Parkway" means the area adjoining the outer edge of the roadbed, extending to the right-of-way line in which sidewalks, plantings, utilities, bank slopes and related facilities may be located.
"Part-width street" means any street in which the improved width is less than the width necessary for a normal full-width street.
"Pedestrian traffic sign" means a sign other than the main business identification sign and which is oriented to pedestrian traffic. Such sign shall not include any business related advertising information.
"Pedestrian way or sidewalk" means a right-of-way designed for use by pedestrians and not intended for use by motor vehicles. A pedestrian way or sidewalk may be located within or outside a street right-of-way, at grade, or grade separated from vehicular traffic.
"Permeable paving/surfaces" means any paving or surfaces that allow stormwater to infiltrate the underlying soils. Permeable paving/surfaces are required to be contained so neither sediment nor the permeable surface discharges off the site. Materials allowed include, but are not limited to, porous asphalt, porous concrete, single-sized aggregate, planting beds, open-jointed blocks, stone, pavers or brick that are loosely set without mortar.
"Podium parking" means parking spaces that are covered by the ground floor of a building and are completely enclosed by walls. Podium parking may occur at or below the grade of the adjacent sidewalk.
"Political sign" means a temporary sign relating to a candidate or ballot measure to be voted upon or signs which express a point of view on an issue of public debate or controversy which may or may not necessarily be the subject of an upcoming election. "Pool hall" means a building or portion thereof having within its premises four or more pool tables or billiard tables, or combination thereof, regardless of size, and whether activated manually or by the insertion of a coin, token or other mechanical device. 132
"Portable sign" means any sign not permanently affixed either to land or a structure. "Poultry" or "fowl" means and includes all commonly domesticated birds kept for eggs or meat, and shall not include roosters, guinea fowl or peafowl. Pigeons shall be classified as fowl.
"Pre-existing" means in existence prior to the effective date of the ordinance enacting this title.
"Premises" means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or licensee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one licensee unless the operator is granted an M-license and an A-license for the same type of activity and such operation is lawful under state and local laws, rules and regulations. "Primary dwelling unit" means, for the purposes of ADU law, a structure with a single dwelling on a single lot.
"Prime agricultural land" means and includes any of the following:
1. Land which qualifies for rating as Class I or Class II in the soil conservation service land use capability classifications;
2. Land which qualifies for rating 80 through 100 in the Storie Index Rating;
3. Land which supports livestock used for production of food and fiber and which has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture;
4. Land planted with fruit or nut-bearing trees, vines, bushes or crops which have a nonbearing period of less than five years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than $200 per acre; or
5. Land which has returned from the production of unprocessed agricultural plant products an annual gross value of not less than $200 per acre for three of the previous five years.
Private interior street (short, local or circulatory). "Private interior street" means a residential street limited by subdivision design to serve less than 50 single-family dwellings or a circulatory private street in a planned residential development. Minimum right-of-way width shall be 50 feet.
"Private realm" means any privately-owned property.
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"Private street" means a street within a private development or a planned residential development, which is not a public street, and where the street requirements are regulated by this title.
"Production units" means single-family residential dwelling units which are constructed in accordance with approved model home plans.
"Projecting sign" means a sign that is wholly or partly dependent upon a building for support and which projects more than eight inches from such building. "Promotional sales sign" means a sign erected on a temporary basis to promote the sale of new products, new management, new hours of operation, a new service, or to promote a special sale at that location or address.
"Prospecting" has the same meaning as "exploration."
"Public access" means where public access rights between a parcel of property and an adjacent public street or highway have been legally established by dedication or conveyance and acceptance or otherwise expressly established and approved by the city engineer.
"Public improvements" means traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, reclaimed water facilities, lighting facilities, parks and equestrian trails. "Public realm" means any publicly owned streets, roadways, sidewalks, parks, plazas, and other open spaces that comprise the shared space of a city for its visitors, employees and residents. It is the space between buildings where civic interaction occurs and is defined in contrast to private property.
"Public use" means a use operated or maintained exclusively by a public body for the benefit of the public, such use having the purpose of serving the public health, safety or general welfare; this term includes uses by or for the benefit of the public such as (but not limited to) public schools, parks, streets and ways, playgrounds, hospitals, and administrative and service facilities.
"Pump island" means a raised concrete area upon which fuel dispensing pumps are situated to allow for the dispensing of fuel to a vehicle. "Quasi-public use" means a use owned or operated by a nonprofit, religious or eleemosynary institution and providing educational, cultural, recreational, religious or similar types of public programs.
"Real estate sign" means a temporary sign advertising real property for sale, rent or lease.
"Reclamation" means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and 134
other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines. Mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses, and creates no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization or other measures.
"Recorder" means the recorder of Riverside County.
"Recyclable material" means reusable material, including, but not limited to, metals, glass, plastic and paper, which are intended for reuse, remanufacture or recycling for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials.
"Recycling facility" means a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer.
Recycling facilities may include the following:
1. Reverse vending machine(s);
2. Small collection facilities which occupy an area of not more than 500 square feet, and may include:
a. A mobile recycling unit,
b. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet,
c. Kiosk type units, which may include permanent structures, d. Unattended containers placed for the donation of recyclable materials;
3. Large collection facilities which may occupy an area of more than 500 square feet and may include permanent structures.
"Recycling processing facility" means a building or enclosed space used for the collection and processing of recycling materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and manufacturing. Recycling processing facilities include the following:
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1. A light processing facility occupies an area of under 45,000 square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of sourceseparated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact or bale ferrous metals other than food and beverage containers.
2. A heavy processing facility is any processing facility other than a light processing facility.
"Residential building identification sign" means a sign which identifies the residential occupants, such as, "The Smiths."
"Residential name plate" means a sign which identifies the name of a residential complex, such as, "Moreno Arms."
"Restaurant" means a place of business which sells or serves food products and beverages for consumption on the premises within a building consisting of a permanent structure that is fully enclosed with a roof and walls, and where incidental dining may be permitted out-of-doors on a patio, deck or terrace that is integrated into the building design.
Restaurant (drive-through). "Drive-through restaurant" means a place of business which sells food products or beverages, and which delivers such food products or beverages to customers outside of the building in which they are prepared by means of a service window, counter, or similar method or device.
Restaurant (fast food). "Fast food restaurant" means any establishment whose principal business is the sale of foods, frozen desserts or beverages in ready-to-consume individual servings, for consumption either within the restaurant building or for carry-out, and where either: (1) foods, frozen desserts or beverages are usually served in paper, plastic, or other disposable containers, and where customers are not served their food, frozen desserts or beverages by a restaurant employee at the same table or counter where the items are consumed; or (2) the establishment includes a drive-up or drivethrough service facility or offers curb service. "Restaurant with limited live entertainment" means a restaurant that provides incidental entertainment, such as musical performances, where the performance area does not exceed 75 square feet, and customer dancing does not occur. The use shall be classified as a nightclub (commercial entertainment) if the performance area exceeds 75 square feet or customer dancing is provided. Live entertainment does not include a sexually oriented business.
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"Restricted parking" means a situation where no on-street parking is permitted along the street frontage, or where on-street parking is prohibited during specified hours on certain days or on all days.
"Retail sales" are classified as establishments primarily engaged in selling goods or merchandise to the general public for personal, business, or household consumption and rendering services incidental to the sale of such goods. Some characteristics of retail sales establishments include places of business that engage in activities to attract the general public to buy, receive, sell merchandise and may process, repair, or manufacture some of the products, such as, but not limited to, jewelry, baked goods, apparel, pottery, or consumer electronics, where such processing, repair, or manufacturing is incidental or subordinate to sale activities. Uses considered objectionable or a nuisance may be denied by the community development director.
Uses requiring an adult business use permit are not included under "retail sales." Reverse vending machine—bulk reverse vending machine.
1. A "reverse vending machine" means an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically, provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.
2. A "bulk reverse vending machine" refers to a reverse vending machine that is larger than 50 square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container.
"Revised tentative map" means a modification of an approved tentative map wherein the design of the land division is changed from the approved tentative map, but there is no substantial change in concept from the original approved map. "Right-of-way" means the entire width of property for the use of highways, flood and drainage works, overhead and underground utilities or any related or consistent improvements.
"Roadbed" means that portion of the roadway extending from curb-face to curb-face or from curb-face to the outside line of improved shoulder, or between the outside line of improved shoulders.
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"Roadway" means that portion of the highway including roadbed, all slopes, side ditches, channels, waterways and all other related facilities which are located within a road right-of-way.
"Roof sign" means any sign or a portion thereof located on or extending over or above the roof of a building and either supported by the roof or by an independent structural frame.
"Sculpted can sign" means a can sign constructed in such a manner that the shape of the cabinet conforms to the outline of the letters or other characters to be displayed. "Service bay" means an area inside a building designed for the maintenance, repair or servicing of a vehicle.
Service road. See "Frontage road."
"Shared parking" means where certain parking spaces can be utilized by two or more different uses.
Shopping center, integrated. "Integrated shopping center" means two or more parcels of land that are visually designed to operate as a single center containing cross easements, shared parking facilities and shared access. "Sign" means a device, fixture, surface or structure of any kind or character, made of any material whatsoever, displaying letters, numbers, words, text, illustrations, symbols, forms, patterns, colors, textures, shadows or lights; or any other illustrative or graphic display designed, constructed or placed on the ground, on a building, canopy, wall, post or structure of any kind, in a window, or on any other object for the purpose of advertising, identifying or calling visual attention to any place, structure, firm, enterprise, profession, business, service, product, commodity, person, idea, activity or other message. "Sign" shall include any portable sign. The term does not include a religious symbol on a church or other place of worship.
Sign area. The area of a sign shall be the entire area that encloses the outside limits of the sign, including the sign copy area and any frame, border, background area, structural trim, or other material forming an integral part of the sign.
Sign copy area. The "sign copy area" shall be the area that encloses the extreme limits of the area available for displaying the desired message. The sign copy area includes both the written message and the background against which the message can be displayed.
"Sign copy height" means the vertical dimension measured from the average finished grade level under the sign to the highest point of the sign copy area. "Sign face" means that area of a sign which contains the advertising copy or conveys a message.
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"Sign height" means the vertical dimension measured from the top of curb or curb design, at the property line nearest to the sign, to the highest point of the sign. "Single family ADU" means an ADU consistent with state law that is proposed on the same parcel with a single family structure in a residential, mixed use zone, or a specific plan zone that allows for residential or mixed use.
"Single family dwelling structure" means, for the purposes of ADU law, a structure with a single dwelling on a single lot.
"Single ownership" means holding record title, possession under a contract to purchase or possession under a lease, by a person, firm, corporation or partnership, individually, jointly, in common or in any other manner where the property is or will be under unitary or unified control.
"Single room occupancy (SRO) facility" means a structure consisting of six or more units, each of which is designed for occupancy by no more than two persons, which also has bathing facilities, which may or may not have partial kitchen facilities, and which is occupied as a primary residence by its occupants. The definition of SRO does not include residential care homes, senior housing projects, rooming and boarding houses, hotels and motels, bed and breakfast lodging, extended care facilities or hospitals.
"Site" means a lot or group of contiguous lots not divided by an alley, street, other rightof-way or city boundary line that is proposed for development in accordance with the provisions of this title, and is in a single ownership or has multiple owners, all of whom join in an application for development.
“Small family daycare home” means a facility that provides care, protection, and supervision for eight or fewer children, including children under 10 years of age who reside at the home, as set forth in Section 1597.44 and as defined in regulations. A small family daycare home or large family daycare home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family daycare home or large family daycare home is where the daycare provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned.” "Smoke shop" shall mean a retail establishment, commonly known as a smoking shop, smoking lounge, vape shop, hookah bar, cigar bar, cigar shop, or headshop, which provides or sells products intended or designed for use in ingesting, inhaling, or otherwise introducing tobacco into the human body, including but not limited to tobacco products, electronic cigarettes which contain nicotine and emit smoke or vapor, smoking accessories, including but not limited to rolling papers, rolling machines, herb grinders, scales, glass pipes, hookah pipes, bongs, bubblers, or other paraphernalia. 139
Spa. See "Swimming pools, hot tubs and spas."
"Spa facility" means an establishment in a fixed location where massage is performed for compensation pursuant to all applicable state and local laws, rules and regulations as well as meeting all the requirements of Chapter 11.96 (Spa Facilities). Spa facilities may include additional services such as full service hair salons, make-up consultation and application and manicure and pedicure services, and therapeutic treatments such as body packs and wraps, exfoliation, cellulite and heat treatments, electrolysis, body toning, waxing, aromatherapy, cleansing facials, medical facials, non-surgical face lifts, electrical toning and electrolysis. Hydrotherapy and steam and sauna facilities, nutrition and weight management, spa cuisine and exercise facilities and instruction may also be provided as additional services.
"Special event sign" means a temporary sign which advertises special events and activities such as charitable events, Christmas tree sales, and firework displays. "Specific plan" means a plan adopted by the city council of the city of Moreno Valley that is based upon and implements the general plan of the city of Moreno Valley, as provided in Section 65450 et seq., of the California Government Code.
Stable (commercial). "Commercial stable" means a stable for horses, mules or ponies which are rented, used or boarded on a commercial basis for compensation. "Staff" means and includes the employees of the city of Moreno Valley public works and community development departments and fire prevention bureau.
Storm, one hundred-year frequency. "One hundred-year frequency storm" means a storm that has a one percent chance of occurring in any given year. It does not follow, however, that such a storm will be equaled or exceeded once in every one hundredyear period, or that having occurred once, it will not occur again for 100 years. It may occur several times in a one hundred-year period, but over a sufficient length of time the average is expected to be once in 100 years.
"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling above. The basement or cellar shall not be considered a story unless the upper surface of the floor above is more than six feet above the average level of the highest and lowest points of the ground surface immediately adjacent to the exterior walls of the building.
Street. See "Highway or street."
"Structural alteration" means any change in or alteration to a structure involving change in or alteration to a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, retaining walls, or similar components. 140
"Structure" means anything constructed or erected that requires a location on the ground, including a building or a swimming pool, but not including a fence or a wall used as a fence if the height does not exceed six feet, or access drives or walks.
Structure (accessory). "Accessory structure" means a structure that is accessory or incidental to a dwelling on the same lot.
Structure (main). "Main structure" means a structure housing a principal use of a site or functioning as a principal use.
Studio, Motion Picture/Film. "Motion Picture/Film Studio" means a facility utilizing onsite, indoor or outdoor locations for the filming of motion pictures, television programs and music videos. A studio may include limited housing for temporary use during filming operations.
"Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or herself or for others, except that employees, agents and consultants of such persons or entities, acting in such capacity, are not "subdividers." Subdivision. See "Land divisions."
"Subdivision design" means and includes: street alignments, grades and widths; drainage and sanitary facilities and utilities, including alignments and grades thereof; location and size of all required easements and rights-of-way; fire roads and firebreaks; lot size and configuration; traffic access; grading; land to be dedicated for park or recreational purposes; and such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan.
Subdivision improvement. See "Improvement."
"Substantial improvement" or "substantial construction" means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
"Support retail sales" are classified as establishments primarily engaged in retail services that support major business, corporate, and administrative office rather than general community retail needs. These uses include art galleries, art studios, art supply 141
shops, assayer, and florist shops and similar uses. Uses requiring an adult business use permit are not included under "support retail sales."
"Surface mining operations" means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incidental to an underground mine.
Surface mining operations shall include, but are not limited to:
1. In-place distillation, retorting or leaching;
2. Production and disposal of mining waste; and
3. Prospecting and exploratory activities.
"Surface parking" means parking spaces that are not covered by a building and are not enclosed by walls. Surface parking is also known as a "parking lot." "Swimming pools" and "hot tubs" or "spas" means water-filled enclosures having a depth of 18 inches or more used for swimming or recreation. "Tandem parking" means parking space configuration where two or more parking spaces are lined up one behind the other.
"Temporary sign" means a sign erected for a temporary purpose attracting attention to an activity, product or other idea or message as provided for in this title. "Tenant improvements" means improvements to existing structures installed for the benefit of the proposed occupant and user of an office, commercial or industrial property. The occupant and user may be the property owner, a tenant or lessee. The improvements may involve the interior or exterior of the structure. "Tentative map" means a map made for the purpose of showing the design and improvement of a proposed land division and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property.
Tentative map, revised. "Revised tentative map" means a modification of an approved tentative map wherein the design of the subdivision is changed from the approved tentative map, but there is no substantial change in concept from the original approved map.
"Traveled way" means that portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
Truck (large). "Large truck" means a truck weighing 10,000 pounds or more unloaded. "Tuck-under parking" means parking spaces that are covered by the upper floor of a building, but are otherwise open.
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"Underground level" means that portion of a structure between the floor and ceiling which is wholly or partly below grade and having more than one half of its height below grade.
"Vehicle sign" means a sign which is placed, attached or mounted to a vehicle which is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product or service sold or an activity or business located on such property or to an idea or other message.
"Vehicle storage yard" means any property used for the storage of vehicles. This classification does not include vehicle repair, dismantling, salvage or wrecking activities, nor the sale of vehicles or parts.
"Vesting tentative map" means a map which meets the requirements of a tentative map that has printed conspicuously on its face the words "Vesting Tentative Map" and is processed in accordance with Section 9.14.060 of this title. "Visible" means likely to be noticed by a person of average height walking on an adjacent street or sidewalk or traveling in a vehicle on an adjacent street or highway two years after installation of any planting screening material intended to screen a view. "Wall sign" means any sign affixed to a building facing in such a manner that the face of the sign is substantially parallel to the plane of the building facing.
Figure 9.15.030-7 Wall Sign
"Wholesaling" means the selling of any type of goods for purpose of resale. "Window sign" means any sign, exposed to public view, which is attached, painted, or pasted, or is located within three feet, either permanently or temporarily, on or of the interior or exterior of a window.
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"Wrecking yard" means any facility used for the dismantling of vehicles. Activities normally include the buying and selling of inoperative vehicles, their parts or component materials and the storage thereof.
"Yard" or "court" means an open space on the same site as a structure, unoccupied and unobstructed from the ground upward, except as otherwise provided in this title, including a front yard, side yard, rear yard or court between structures.
Yard (front). "Front yard" means a yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the front property line and a line parallel thereto on the site.
Yard (rear). "Rear yard" means a yard of the required width extending the full width across the site, from side yard to side yard measured parallel from the rear property line, the depth of which is the minimum horizontal distance between the rear property line and a line parallel thereto on the site.
Yard (side). "Side yard" means a yard of the required width extending from the rear line of the required front yard measured parallel from the side property line of the lot extending to the rear property line.
Figure 9.15.030-8 Setbacks and Yard Areas
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CITY OF MORENO VALLEY OBJECTIVE DESIGN STANDARDS
1 D
CITY OF MORENO VALLEY
OBJECTIVE DESIGN
STANDARDS
for Multiple-Family and Mixed-Use Residential Developments December 2025