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STAFFREPORT_CAO_SET ASIDE HEMLOCK ENT.pdf

Moreno Valley City Council
March 17, 2026

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STAFFREPORT_CAO_SET ASIDE HEMLOCK ENT.pdf
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March 17, 2026
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Moreno Valley City Council
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Text extracted from the city's file for reading and search. Open the original on pub-morenovalley.escribemeetings.com. That file is the official record.

Report to City Council

ID: 26-0118 Page 1

TO: Mayor and City Council

FROM: Steve Quintanilla, City Attorney

AGENDA DATE: March 17, 2026

TITLE: SETTING ASIDE ACTIONS APPROVING HEACOCK

STREET AUTOMOBILE PARKING LOT PLOT PLAN
(PEN21-0102) PURSUANT PEREMPTORY WRIT OF
MANDATE (CASE NO. 2301559) (REPORT OF: CITY
ATTORNEY) (DISTRICT 4)

TITLE SUMMARY: Setting Aside Actions Approving Heacock Street Automobile Parking Lot Plot Plan (PEN21-0102)

DISTRICT: District 4

Recommendation(s)

1. Adopt Resolution No. 2026-[next in order] to:

(a) Void, vacate, and set aside in its entirety Resolution No. 2022-41, a Resolution of the Planning Commission of the City of Moreno Valley, California, Adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for Plot Plan (PEN21 -0102) for an Automobile Parking Lot Located on the East Side of Heacock Street North of the Perris Valley Storm Drain (APN 316-211-014);

(b) Void, vacate, and set aside in its entirety Resolution No. 2022-42, a Resolution of the City of Moreno Valley, California, Approving Plot Plan (PEN21 -0102) for an Automobile Parking Lot Located on the East Side of Heacock Street North of the Perris Valley Storm Drain (APN 316-211-014);

(c) Void, vacate, and set aside in its entirety Resolution No. 2023- 08, a Resolution of the City Council of the City of Moreno Valley, California, Denying Appeals (PAA22- 0005) and(PAA23-0003) and Upholding the Planning Commission’s Adoption of a

ID: 26-0118 Page 2
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for Plot Plan PEN21-0102 for the Proposed Automobile Parking Lot located on the East Side of Heacock Street North of the Perris Valley Storm Drain( APN 316- 211- 014); and

(d) Void, vacate, and set aside in its entirety Resolution No. 2023- 09, a Resolution of the City Council of the City of Moreno Valley, California, 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 Perris Valley Storm Drain (APN 316-211- 014).

SUMMARY

On September 20, 2024, Hon. Judge Harold Hopp of the Riverside County Superior Court, issued a Peremptory Writ of Mandate (“Writ”), otherwise known as a “court order,” mandating that the City s et aside and vacate the following approvals for the Street Automobile Parking Lot Plot Plan (PEN21 -0102) (Heacock Parking Lot): (1) Resolution No. 2022-41 adopting a Mitigated Negative Declaration and Mitigation Monitoring 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 Mitigation 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). The City was ordered to file and serve a Return (Response) to the Writ 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. The return(s) (response(s)) to the Writ is/are required to specify the actions taken to comply with the terms of the Writ. A copy of the Writ is attached to this staff report.

BACKGROUND

The County of Riverside and March Joint Powers Authority filed Petitions for Writ of Mandate (lawsuits) in March 2023, challenging the City’s approval of the Heacock Logistics Parking Lot Project, which consists of a Plot Plan application for 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). The cases were consolidated and the Petitioners ultimately prevailed in the case, which resulted in the attached Writ.

Incidentally, as required with all other development projects approvals, the developer was required to indemnify the City in the event of litigation; as such, the City has not and will not incur any costs related to the subject litigation.

ALTERNATIVES

ID: 26-0118 Page 3

1. Do not set aside and vacate the subject entitlements. [THE CITY ATTORNEY DOES

NOT RECOMMEND THIS ALTERNATIVE SINCE IT WOULD BE INCONSISTENT WITH THE COURT ORDER.]

2. Set aside and vacate the subject entitlements as mandated by the court order and recommended by the City Attorney. [THE CITY ATTORNEY RECOMMENDS THIS ALTERNATIVE.]

FISCAL IMPACT

There is no fiscal impact associated with the recommended actions since the developer is obligated to reimburse the City for all costs associated with the subject litigation, including compliance with the court order.

NOTIFICATION

Publication and distribution of the agenda at least 72 hours in advance of the March 17, 2026, Regular City Council Meeting.

PREPARATION OF STAFF REPORT

Prepared By: Department Head Approval:

Steve B. Quintanilla Sean P. Kelleher
City Attorney Assistant City Manager (Development)

CITY COUNCIL GOALS

Positive Environment: Create a positive environment for the development of Moreno Valley's future.

CITY COUNCIL STRATEGIC PRIORITIES

1. Economic Development

2. Public Safety

3. Library

4. Infrastructure

5. Beautification, Community Engagement, and Quality of Life

6. Youth Programs

ID: 26-0118 Page 4
Report Approval Details
Document Title: STAFFREPORT_CAO_SET ASIDE HEMLOCK ENT.docx Attachments: - MOV2 13-21 PEREMPTORY WRIT OF MANDATE
RIVERSIDE COUNTY CVRI2301559 (9.20.24).pdf
- RESOLUTION - REPEALING PLOT PLAN APPROVAL
HEACOCK PARKING LOT.doc
Final Approval Date: Mar 12, 2026

This report and all of its attachments were approved and signed as outlined below:

Patty Rodriguez
No Signature - Task assigned to Steve Quintanilla was completed by assistant Patty Rodriguez
Steve Quintanilla
Natalia Medina
Felicia London, MPA
Launa Jimenez
Brian Mohan
Patty Rodriguez

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