1 Resolution No. 2026-YY____
Date Adopted: Month DD, YYYY
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORENO
VALLEY, CALIFORNIA, REPEALING RESOLUTION NO. 2022-41,
RESOLUTION NO. 2022-42, RESOLUTION NO. 2023 -08, AND
RESOLUTION NO. 2023 -09 FOR THE MORENO VALLEY HEACOCK
STREET AUTOMOBILE PARKING LO T PLOT PLAN (PEN21-0102)
PURSUANT TO PEREMPTORY WRIT OF MANDATE (CASE NO.
CVRI2301559)
WHEREAS, the County of Riverside and March Joint Powers Authority filed Petitions for Writ of Mandate challenging the City’s approval of the Heacock Street Automobile Parking Lot Plot Plan (PEN21-0102) on March 27, 2023; and
WHEREAS, the Heacock Street Automobile Parking Lot Plot Plan (PEN21- 0102) involved the proposed development of an automobile parking lot on 9.14 acres located on the east side of Heacock Street north of the Perris Valley Storm Drain in the Moreno Valley Industrial Area Specific Plan 208, Clear Zone District (Specific Plan 208); and
WHEREAS, o n September 20, 2024 , Hon. Judge Harold Hopp of the Riverside County Superior Court, issued a Peremptory Writ of Mandate mandating that the City s et aside and vacate the following approvals for the Heacock Street Automobile Parking Lot Plot Plan (PEN21-0102): 1) Resolution No. 2022 -41 adopting a Mitigated Negative Declaration and Mitigation Monitor ing and Reporting Program; 2) Resolution No. 2022 -42 approving Plot Plan (PEN21 -0102); 3) Resolution No. 2023 - 08 Denying Appeals (PAA22 -0005) and (PAA23 -0003) and Upholding the Planning Commission’s Adoption of a Mitigated Negative Declaration and Mitigat ion Monitoring and Reporting Program for Plot Plan PEN21 - 0102; and 4) Resolution No. 2023 -09 denying Appeals (PAA22 -0005) and (PAA23 - 0003) and Upholding the Planning Commission’s Approval Plot Plan PEN21- 0102) for the Proposed Automobile Parking Lot located on the East Side of Heacock Street North of the Pe rris Valley Storm Drain (APN 316-211- 014); and
WHEREAS, the City was ordered to file and serve a return to the Peremptory Writ of Mandate no later than one -hundred eighty (180) days after service of the Writ and any subsequent returns to the Writ every 90 days thereafter, as necessary , subject to the requirement that the return(s) (response(s)) to the Writ specify the actions taken to comply with the terms of the Writ.
NOW, THEREFORE, THE CITY COUNC IL OF THE CITY OF MORENO VALLEY CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
2 Resolution No. 2026-YY____
Date Adopted: Month DD, YYYY
Section 1. Recitals
That the recitals set forth above are true and correct.
Section 2. Repeal of Resolution No . 2022-41, Resolution No. 2022- 42, Resolution No. 2023-08, and Resolution No. 2023-09
That pursuant to the Peremptory Writ of Mandate Regarding Case No.
CVRI2301559, Resolution No. 2022 -41, Resolution No. 2022 -42, Resolution No. 2023 - 08, and Resolution No. 2023 -09 approving Plot Plan PEN21-0102 for the Heacock Street Automobile Parking Lot Plot Plan (PEN21-0102)is hereby r epealed in its entirety.
Section 3. Return to the Peremptory Writ of Mandate
That the City Attorney shall file and serve a return to the Peremptory Writ of Mandate no later than one -hundred eighty (180) days after service of the Writ as mandated by the Court.
Section 4. Severability
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final cour t action in a court of competent jurisdiction or by reaso n of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 5. Effective Date
That this Resolution shall take effect immediately upon the date of adoption.
Section 6. Certification
That the City Clerk shall certify to the passage of this Resolution and enter it into the book of original resolutions.
APPROVED AND ADOPTED this _____ day of _______________, 2026.
___________________________
Ulises Cabrera
Mayor
City of Moreno Valley
ATTEST:
3 Resolution No. 2026-YY____
Date Adopted: Month DD, YYYY
____________________________
M. Patricia Rodriguez, City Clerk
APPROVED AS TO FORM:
____________________________
Steven B. Quintanilla, City Attorney
4 Resolution No. 2026-YY____
Date Adopted: Month DD, YYYY
RESOLUTION JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, M. Patricia Rodriguez, City Clerk of the City of Moreno Valley, California, do hereby certify that Resolution No. 2026-_____ 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________________, 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
__________________________________________
M. PATRICIA RODRIGUEZ, CITY CLERK
(SEAL)