Agenda, regular meeting — Moreno Valley City Council, August 18, 2026 (part 3 of 4)

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At the time AB 98 and SB 415 were signed into law , the City was in the process of preparing and adopting the Revised Final Program Environmental Impact Report (RFEIR) for the 2024 Moreno Valley General Plan Update (2024 GPU), associated Zoning Text Amendments to Title 9 of the Municipal Code and the Zoning Atlas Amendments, and the 2024 Climate Action Plan (CAP), which together constitute the MoVal 2040 Project. The MoVal 2040 Project was initiated to revise the 2021 General Plan Update (2021 GPU), which was subject to the CEQA lawsuit filed by the Sierra Club, and later joined by the AGO. The CEQA Case challenged the validity of the CAP and the 2021 GPU Environmental Impact Report in the Riverside County Superior Court. The Court granted th e petition limited to the issues of baseline (existing conditions analysis), air quality, climate change (GHG emissions), and energy use, but rejected and denied the arguments regarding the issues of land use analysis and zoning. Some of these issues overlap with the objectives and requirements included in AB 98 and SB 415.

The RFEIR and a public hearing notice for the 2040 MoVal Project were published and made available to the public on September 19, 2025. In response , the AGO provided two letters dated October 7, 2025, and November 17, 2025, recommending incorporation of additional air quality mitigation measures. The City and the AGO proceeded to engage in settlement negotiations over the subject mitigation measures, which concluded in April 2026. During the negotiations, the City informed the AGO that the City was unable to meet th e January 1, 2026, deadline b ecause the mitigation measures to the 2024 GPU would successfully implement requirements of AB 98 and SB 415. Thus, the City completed the adoption of the 2024 GPU without the ordinances needed to fully implement AB 98 and SB 415. As such, the City is now working to adopt development and design standards that are both consistent with AB 98 and SB 415 and incorporates air quality mitigation measures applicable to all logistics use facilities developed under the 2024 GPU as identified in the Mitigation Monitoring and Reporting Program (MMRP) of the RFEIR adopted on April 21, 2026.

Notably, the Project exceeds and enhances both the basic development and operational standards of AB 98 and SB 415 as well as the air quality mitigation measures negotiated with the AGO .

Therefore, the Project presents more stringent requirements than what is legally required by law and the settlement of the CEQA Case.

3.0 STATUTORY AUTHORITY & REQUIREMENTS
CEQA Guidelines Section 15061 – Review for Exemption
Once it has been determined that an activity is a project subject to CEQA, it is then determined whether a project qualifies for a CEQA exemption. Pursuant to CEQA Guidelines Section 15061(b), a project is exempt from CEQA if:
1) The project is exempt by statute; see CEQA Guidelines Article 18, commencing with Section 15260.
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2) The project is exempt pursuant to a Categorical Exemption (see CEQA Guidelines Article 19, commencing with Section 15300) and the application of that Categorical Exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2. 3) The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. 4) The project will be rejected or disapproved by a public agency. 5) The project is exempt pursuant to the provisions of Article 12.5 – Exemptions for Agricultural Housing, Affordable Housing, and Residential Infill Projects.

CEQA Guidelines Article 19 – Categorical Exemptions
As discussed above, CEQA Guidelines Article 19 includes a list of classes of projects, which have been determined not to have a significant effect on the environment and, therefore, are exempt from CEQA.
i. CEQA Guidelines Section 1530 8 – Actions by Regulatory Agencies for Protection of the Environment (Class 8 Categorical Exemption).

The Class 8 Categorical Exemption consists of actions taken by regulatory agencies, as authorized by state or local ordinance , to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption.
ii. CEQA Guidelines Section 15300.2 - Exceptions.

The following conditions are exceptions that bar the application of a Categorical Exemption:
a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant.

Therefore, these classes are considered to apply all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, State, or local agencies.
b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.
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c) Significant Effect. A Categorical Exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.
d) Scenic Highways. A Categorical Exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a S tate scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified Environmental Impact Report (EIR). e) Hazardous Waste Sites. A Categorical Exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.
f) Historical Resources. A Categorical Exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.

4.0 PROJECT DESCRIPTION
The Project would implement the requirements of AB 98 and SB 415 by establishing clear, objective standards for all logistics use facilities within the City that would be reviewed and entitled under the 2024 GPU. The Project would implement regulations intended to incorporate State-mandated requirements into the City’s Municipal Code s in a manner consistent with State law and integrated into the City’s existing land use framework. The proposed design and development standards are also intended to exceed the AGO-negotiated mitigation measures, as memorialized in the MMRP for the RFEIR. Specifically, the development standards established by the Ordinance include requirements for:
• Setbacks and height;
• Building and landscape design standards;
• Buffers for sensitive receptors;
• Location and proximity to roadways;
• Site access and circulation;
• Electric vehicle charging infrastructure;
• Transportation refrigeration units;
• Construction and operational emission controls;
• Operational health assessments;
• Bicycle parking;
• Signage; and
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• Training and complaints.

Additionally, the Project would establish a City -designated Heating, Ventilation, and Air Conditioning (HVAC) and Air Filtration Abatement Fund. Logistics use facility project applicants would be required to pay a one -time air quality abatement fee to subs idize air filtration and/or HVAC systems for any existing structures constituting, or situated within, a sensitive receptor located within 1,000 feet of the property line of the proposed logistics use facility or within 1,000 feet of a dedicated truck rout e, measured from the closest curb to the respective project .

Therefore, the Project is intended to minimize adverse impacts on sensitive receptors, protect public health and safety, and provide predictable and enforceable requirements for applicants, staff, and decision-makers.

5.0 FINDINGS CONCERNING CEQA COMPLIANCE
Kimley-Horn has completed the Project ’s CEQA compliance review and summarized the findings below.

Exemption Justification
i. Class 8 Categorical Exemption
As described in Section 3.0 : Project Description above, the Project would be a n amendment implementing the ordinance into the Municipal Code that would adopt Statewide warehouse design and build standards for any new or expanded logistics developments in adherence to AB 98 and SB 415 and incorporates mitigation measures negotiated by the AGO for consistency with the MMRP for the 2024 GPU RFEIR . As described above, t he Project would include various development standards that establish buffers, siting requirements, landscaped screening, site access and circulation restrictions , and the development of an abatement fund . These requirements aim to protect sensitive receptors by distancing them from logistic use facilities operations. It also requires facility operators to contribute to an abatement fund proportional to their emissions to subsidize air filtration and/or HVAC systems for any existing structures located within 1,000 feet of a logistics facility use development or an established truck route. The Project also promotes public safety by restricting how truck traffic must circulate and requires training for those operating vehicles to and from the proposed logistics use facilities.

The Project also protects the environment by implementing stricter construction and operational emission controls , thereby reducing future air quality impacts and emissions . These emission controls included in the Project consist of zero -emission equipment and vehicle requirements, limits on idling, restrictions on the use of diesel generators, the prohibition of earth -moving activities on days with a high Air Quality Index, and promotion of employee use of transit, carpool, and zero-emission vehicles. The Project also requires the installation of truck and vehicle charging infrastructure. Therefore, the Project would result in the maintenance, restoration, and 544

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enhancement of air quality and the protection of the environment and would be categorically exempt from CEQA analysis pursuant to CEQA Guidelines Section 15308. ii. Common-Sense Exemption
The common sense exemption applies only to projects for which it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment.

Where it can be seen with certainty that there is no possibi lity that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

The Project would include additional warehouse design and build standards for logistics facilities throughout the City and does not propose any specific development activity. All future logistics use facility development projects would continue to be subje ct to an administrative site plan review, where a project -specific analysis based on location and development program would be conducted. These projects would also be subject to CEQA review depending on the type and scale of development proposed. Therefore , implementation of the Project would not result in a significant effect on the environment, and the Project would not be subject to CEQA pursuant to CEQA Guidelines Section 15061(b)(3).

Exceptions to Categorical Exemptions
As previously noted, a project is exempt from CEQA pursuant to a Categorical Exemption provided the application of that Categorical Exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2. The following demonstrates the Project does not meet any of the exceptions that would bar a Categorical Exemption.
a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant.

The Project would qualify for a Categorical Exemption under Clas s 8. It does not propose any specific development activity. Therefore, the exception under CEQA Guidelines Section 15300.2(a)is not applicable to the Project.
b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.
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Under this exception, exemptions for these classes are not applicable when the cumulative impact of successive projects of the same type in the same place over time is significant. As discussed in Section 3.0, Project Description, the Project is a n amendment implementing the ordinance into the Municipal Code to include new logistics use development standards in accordance with AB 98 and SB 415 and the air quality mitigation measures negotiated by the AGO for the 2024 GPU RFEIR.

The Project would result in more restrictive development standards for industrial uses, promoting safety and the protection of the environment.

Each of these components, individually and cumulatively, do not result in the possibility of creating significant cumulative impacts on the environment. Additionally, construction of any future development projects would be subject to discretionary review with separate CEQA documentation, which would require cumulative impacts analyses as applicable. As a result, there would be no significant cumulative impacts from successive projects of the same type in the same place over time. Therefore, the exception u nder CEQA Guidelines Section 15300.2(b) does not apply to the Project.
c) Significant Effect. A Categorical Exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.

There are no known unusual circumstances that are applicable to the P roject that may result in a significant effect on the environment. The Project consists of a n amendment implementing the ordinance into the Municipal Code to add new development standards in accordance with AB 98 and SB 415 and air quality mitigation measures negotiated by the AGO for the 2024 GPU RFEIR. As previously discussed, the Project exceeds the development and operational standards that the State and the AGO have required for the development of logistics use facility projects. These regulations are intended to incorporate the State -mandated required into the City’s Municipal Code in a manner that is consistent with State law and integrated with the City’s existing land use framework. Therefore, the Project does not involve any unusual circumstances, nor does the Project Site, and the exception under CEQA Guidelines Section 15300.2(c) does not apply to the Project.
d) Scenic Highways. A Categorical Exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state sce nic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.
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There are no State-designated scenic highways within the City’s vicinity.2 The closest eligible State scenic highway is the portion of State Route 243 (SR 243), located 13- miles east of the City’s eastern boundary, and the closest officially designated State scenic highway is the portion of State Route 74 (SR 74) 20-miles southeast of the City’s southern boundary. The Project is an amendment implementing the ordinance into the Municipal Code with no specific development proposed and would not involve construction activities within the City boundaries and would not impact any scenic resources along SR 243 or SR 74. Therefore, the exception under CEQA Guidelines Section 15300.2(d) does not apply to the Project.
e) Hazardous Waste Sites. A Categorical Exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.

Government Code Section 65962.5 refers to the Hazardous Waste and Substances Site List, commonly known as the Cortese List, maintained by the California Department of Toxic Substances Control (DTSC). According to Chapter 4.9, Hazards and Hazardous Materials, of the City of Moreno Valley Revised Draft EIR (RDEIR) for the 2024 GPU, there are a total of 10 hazardous materials sites located throughout the Planning Area. 3 The Project does not propose any specific development activity; however, any new development or redevelopment that involves contaminated property would necessitate cleanup and/or remediation of the property in accordance with federal, State, regional, and local requirements. No construction would be permitted at such locations until a “no further action” clearance letter has been issued by the responsible agency.

Furthermore, all future development projects would continue to be subject to an administrative site plan review, where a project -specific analysis based on location and development program would be conducted. These projects would also be subject to CEQA review depending on the type and scale of development proposed. Therefore, adherence to applicable clean -up and/or remediation requirements and regulations would ensure that any future logistics use facility developments developed that would be subject to the Project would not create a significant hazard associated with known hazardous materials site s. As such, the exception under CEQA Guidelines Section 15300.2(e) does not apply to the Project.
f) Historical Resources. A Categorical Exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.

The Project is an amendment implementing the ordinance into the Municipal Code that does not propose any specific development activity, and thus, would not impact historical resources.

According to Chapter 4.5, Cultural and Tribal Cultural Resources, of the RDEIR, a review of records

2 California Department of Transportation (Caltrans) , California State Scenic Highway System Map, https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa . Accessed January 8, 2026.
3 City of Moreno Valley, Hazards and Hazardous Materials, https://www.moval.org/cdd/pdfs/projects/mv2040/RevisedDraftProgramEIR.pdf . Accessed January 8, 2026. 547

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search from the Eastern Information Center (EIC) and recent aerial photography identified 48 existing historical resources. All future logistics use facility development projects subject to the Project would continue to be subject to an administrative site plan review and would require separate CEQA documentation where a review of historical resources would be conducted.

Therefore, the exception under CEQA Guidelines Section 15300.2(f) does not apply to the Project. 548

1 ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY, CALIFORNIA, AMENDING CHAPTER 9.05
(INDUSTRIAL DISTRICTS) OF TITLE 9 (PLANNING AND
ZONING) TO ADD SECTION 9.05.060 (LOGISTICS USE

FACILITIES MITIGATION MEASURES)

WHEREAS, the City of Moreno Valley ("City") is a general law city and a municipal corporation of the State of California, and

WHEREAS, in 2019, the Moreno Valley City Council (“City Council”) authorized staff to prepare a comprehensive update to the City’s 2006 General Plan, which included adding two new State- mandated General Plan Elements and preparing various associated documents, including but not limited to a Climate Action Plan; and

WHEREAS, in June 2021, the City Council approved and adopted the City’s 2021 GPU and associated Zone Text and Zoning Atlas Amendments, along with a 2021 Climate Action Plan (“CAP”) (collectively, “2021 GPU Project ”), based on its concurrent approval and certification of a Final Program Environmental Impact Report, filed as State Clearinghouse No. 2020039022 (“2021 FEIR”); and

WHEREAS, on October 28, 2021, a Petition for Writ of Mandate was filed against the City by the Sierra Club in Riverside County Superior Court, challenging the validity of the 2021 CAP and the 2021 FEIR (Sierra Club v. The City of Moreno Valley, Case No. CVRI2103300) (“CEQA Case”); and

WHEREAS, on June 21, 2022, the California Attorney General intervened in the CEQA Case, and on July 11, 2022, filed a Petition for Writ of Mandate- in-Intervention against the City; and

WHEREAS, on March 5, 2024, the Court issued a Statement of Decision, followed by the issuance of a Judgment and Peremptory Writ of Mandate (Writ) (collectively, the “Court Ruling”) on May 6, 2024; and
2qw
WHEREAS, the Court Ruling granted the petition, albeit the scope of the Court Ruling was limited to the issues of: 1) baseline (existing conditions analysis), 2) air quality, 3) climate change (GHG [greenhouse gas] emissions), and 4) energy use, and rejected and denied the Sierra Club’s arguments regarding the issues of land use analysis and zoning; and

WHEREAS, the Court Ruling specifically identified that the 2021 GPU FEIR was deficient for the following reasons:

• Baseline: The baseline used in the 2021 GPU F EIR failed to describe the 2021 GPU Project’s environmental impacts as they existed at the time that the notice of preparation of the 2021 GPU Draft EIR was published. 549

2 • Air Quality: The Air Quality section failed to compare the 2021 GPU Project’s environmental impacts against existing conditions and instead compared them to assumed impacts under the 2006 General Plan, which the Court opined understated the impacts of the 2021 GPU Project; • Energy: The Energy section failed to compare the 2021 GPU Project’s environmental impacts against existing conditions and instead compared them to assumed impacts under the 2006 General Plan, which the Court opined understated the impacts of the 2021 GPU Project; and • GHG Emissions: The GHG emissions section failed to include mitigation measures, relying instead on an inadequate 2021 CAP that the Court opined failed to comply with requirements of the CEQA Guidelines; and

WHEREAS, in response to the Court Ruling, in May 2024, the City Council set aside its 2021 GPU Project approvals and its prior certification of the 2021 GPU Final EIR, subject to keeping its October 2022 Housing Element intact and operative since the adoption of Resolution No. 2022-67 in October 2022, approving the City's current Housing Element, was not subject to any legal challenge by the Sierra Club or the California Attorney General; and

WHEREAS, on June 18, 2024, the City entered into a contract with Rincon Consultants, Inc., to assist the City with preparing a revised Climate Action Plan, to replace supersede the 2021 CAP, consistent with the Court Ruling (“2024 CAP”), and on July 3, 2024, the City entered into a contract with Kimley-Horn and Associates, Inc., to assist the City with preparing a revised General Plan Update, to replace and supersede the 2021 GPU, consistent with the Court Ruling (“2024 GPU”) and to ensure consistency between the 2024 GPU and 2024 GPU’s associated Zoning Text and Zoning Atlas Amendments; and

WHEREAS, the contract with Kimley -Horn and Associates also required Kimley - Horn and Associates to assist the City with conducting the necessary environmental analysis of the 2024 GPU, 2024 CAP and 2024 GPU’s associated Zoning Text and Zoning Atlas Amendment (coll ectively, the “2040 MoVal Project”) pursuant to CEQA and the CEQA Guidelines, which resulted in the preparation of the 2024 Revised Draft Environmental Impact Report (“2024 RDEIR”) that was circulated for the State mandated 45-day public review period, commencing July 14, 2025, through August 21, 2025, and which was sent to all required State and local agencies, interested parties, and those who commented on the Notice of Preparation, and was posted on the City’s website; and

WHEREAS, on or about, September 29, 2024, the Governor signed Assembly Bill 98 (“AB 98”), which requires jurisdictions within the State’s designated warehouse concentration regions, which includes the City of Moreno Valley, to update their Circulation Elements by January 1, 2026, to identify and establish designated truck routes for the movement of goods, with such routes avoiding residential areas and sensitive receptors, maximize use of interstates, highways, and arterials, and include conspicuous signage for truck routes, truck parking, and truck idling restrictions; and

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3 WHEREAS, AB 98 provides that “Sensitive receptors” include one or more of the following: (1) a residence, including, but not limited to, a private home, apartment, condominium unit, group home, dormitory unit, or retirement home; (2) a school, including, but not limited to, a preschoo l, prekindergarten, or school maintaining kindergarten or any of grades 1 to 12, inclusive; (3) a daycare facility, including, but not limited to, in -home daycare; (4) publicly owned parks, playgrounds, and recreational areas or facilities primarily used by children, unless the development of the park and recreation areas are included as a condition of approval for the development of a logistics use; (5) nursing homes, long- term care facilities, hospices, convalescent facilities , or similar live-in housing; and (6) hospitals, as defined in Section 128700 of the Health and Safety Code; and

WHEREAS, on October 7, 2025, the California Attorney General’s Office (“AGO”) submitted comments to the City regarding the 2024 CAP, which they later acknowledged that the City adequately addressed; and

WHEREAS, the AGO also submitted comments to the City regarding the Revised Final Environmental Impact Report (“RFEIR”) raising concerns regarding the RFEIR’s air quality impacts and recommended the following mitigation measures for air quality impacts be applied to all warehouse projects developed under the 2024 GPU:

• Setbacks: All warehouse projects developed under the 2024 GPU shall be located at least 1,000 feet from sensitive receptors.

• Wall: All logistics use facility projects shall include a solid wall and/or a landscaped berm of at least 15 feet in height, separating the project and nearby sensitive receptors.

• Tree Cover: All logistic facility projects shall ensure that the project parking lots have at least 35 percent of the tree shade cover within 15 years of commencement of operations

• Construction Equipment and Generators: All warehouse projects developed under the 2024 GPU shall utilize zero emission construction equipment and charging infrastructure for that equipment. When zero emission options are infeasible, the facility may only utilize equipment certified under California Air Resources Board (CARB) Tier 4 and use of low -polluting fuels (e.g., low NO X
diesel). Diesel generators shall be used only in cases of emergencies, limiting idling to 3 minutes, and prohibiting grading on day where the air quality index was over 100.

• Air Filtration Abatement Fund: The City shall create an abatement fund for subsidizing air filtration and/or HVAC systems for residents within 1,000 feet of any warehouse or truck route, thereby abating air quality impacts for the most impacted sensitive receptors. The City may choose to administer abatement fund or designate its administration to a third party which will require an 551

4 additional 10 percent administrative fee. All warehouse projects developed under the 2024 GPU shall pay a one-time fee of $1,500 for each daily truck trip the warehouse project is estimated to induce.

• Heavy-Duty Truck Minimum Model Year: All warehouse projects developed under the 2024 GPU shall utilize trucks with a minimum 2014 model year by 2027.

• Truck Charging Infrastructure: All warehouse projects developed under the 2024 GPU shall be equipped with electric vehicle (EV)-ready conduits at each truck door or parking spot to support an EV charger and at least 50% of these shall be installed fast chargers.

• Transportation Refrigeration Units (“TRUs”): All warehouse projects developed under the 2024 GPU, which are to be used for refrigerated storage, shall have TRU plug-in installed at all dock doors.

• Passenger Vehicle Charging Infrastructure: All warehouse projects developed under the 2024 GPU, shall have at least 25% of passenger car parking spots EV-ready, with at least 15% of passenger car parking spots equipped with Level 2 chargers.

• Yard Equipment: All warehouse projects developed under the 2024 GPU shall use 100% ZEV for forklifts, yard trucks, and other on-site equipment.

• Idling Limits: All warehouse projects developed under the 2024 GPU shall have signage noting a 3-minute idling limit and include the SCAQMD complaint line to submit idling complaints.

• Construction Equipment and Operations: All warehouse projects developed under the 2024 GPU shall take steps to control construction emissions, including using zero emission construction equipment where feasible, and requiring facility operators to provide charging equipment for electric construction equipment to facilitate their use. However, where zero -emission equipment is infeasible, the facility shall use equipment certified to CARB Tier 4 and use of low -polluting fuels (e.g., low NO
X diesel). All cons truction
equipment idling shall be limited to 3 minutes and all smaller equipment, including hand tools and power washers, shall be zero emission. In addition, grading operations shall be prohibited on days with an Air Quality Index greater than 100.

• Generators: All warehouse projects developed under the 2024 GPU shall be prohibited from using diesel except for emergencies.

• Worker Transit Programs: All warehouse projects developed under the 2024 GPU shall provide workers with secure bike storage facilities with outlets for e- 552

5 bikes and on-site meals or lunch shuttle programs. Facilities shall also provide workers with transit route information and incentives to carpool, such as dedicated carpool parking spaces. Facilities over 400,000 square feet shall maintain a lounge for truck operators with amenities including restrooms, vending machines, and air conditioning to reduce the need for additional truck trips to find these services elsewhere.

• Worker Training Programs: All warehouse projects developed under the 2024 GPU shall implement training programs for managers and employees on efficient scheduling and load management to minimize truck queuing and idling; and

WHEREAS, the Moreno Valley City Attorney and California General’s Office concurred that the purpose of the negotiations over the aforementioned mitigation measures, which exceed the basic development and operational standards of Assembly Bill 98 and Senate Bill 415, were for settling a dispute between the City and the California Attorney General’s Office related to compliance with the Court Ruling’s determinations related to air quality impacts.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY DOES ORDAIN AS FOLLOWS:

Section 1. RECITALS

The above recitals are true and correct and are incorporated herein as though set forth at length herein.

Section 2. AUTHORITY

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. PURPOSE

The purpose of this Ordinance is to adopt and implement certain mitigation measures, that exceed the basic development and operational standards of Assembly Bill 98 and Senate Bill 415, negotiated with the California Attorney General’s Office, to address air quality impacts of logistics use facilities developed under the 2024 General Plan Update, for purposes of settling a dispute between the City of Moreno Valley and the California Attorney General’s Office regarding compliance with the Peremptory Writ of Mandate and Statement of Decision issued by Riverside County Superior Court in Case No. CVRI2103300.

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6 Section 4. LOGISTICS USE FACILITIES MITIGATION MEASURES

CHAPTER

Chapter 9.05 (Industrial Districts) of Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code is hereby amended to add Section 9.05 .060 (Logistics Use Facilities Mitigation Measures) as follows:

§ 9.05.060 Logistics Use Facilities Mitigation Measures

A. Purpose. The purpose of this section is to implement certain mitigation measures, that exceed the basic development and operational standards of Assembly Bill 98 and Senate Bill 415, negotiated with the California Attorney General’s Office, to address air quality impacts of logistics use facilities developed under the 2024 General Plan Update (also known as “MoVal 2040”) , for purposes of settling a dispute between the City of Moreno Valley and the California Attorney General’s Office regarding compliance with the Peremptory Writ of Mandate and Statement of Decision issued by Riverside County Superior Court in Case No. CVRI2103300.

B. Definitions. For the purpose of this section, unless the context clearly requires otherwise, the words and phrases used herein shall have the following meanings:

“Tier 1 21st century warehouse” means a logistics use facility that meets all of the following:
a. Complies with or exceeds all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) that are in effect at the time that the building permit is issued, including, but not limited to, the following requirements related to:
i. Photovoltaic system installation and associated battery storage. (A) For purposes of the photovoltaic system, all logistic use square footage should be considered conditioned space.
ii. Cool roofing.
iii. Medium- and heavy-duty vehicle charging readiness. iv. Light-duty electric vehicle charging readiness and installed charging stations.
b. Has skylights in at least one percent of the roof area, or equivalent LED efficient lighting.
c. Has a microgrid-ready switchgear system capable of supporting distributed energy resources.
d. Is advanced smart metering ready.
e. Has a minimum of 50 percent of all passenger vehicle parking spaces preinstalled with conduit and all necessary physical infrastructure to support future charging of electric vehicles.
f. Has a minimum of 10 percent of all passenger vehicle parking spaces installed with electric vehicle charging stations.
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7 g. Provides conduits and electrical hookups at all loading bays serving cold storage.
i.Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay and sufficient power is available.
h. Ensures that any heating, ventilation, and air -conditioning is high- efficiency.
i. Ensures that all classes of forklifts used on site, pursuant to the State Air Resources Board’s Zero-Emission Forklifts regulation, as drafted, shall be zero-emission by January 1, 2028, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site. i. If not operationally feasible, commercially off -the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
ii. Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
j. Ensure that equipment used on site utilizing small off -road engines shall be zero- emission, to the extent operationally feasible, commercially off - the-shelf available, and adequate power available on site. i. If not operationally feasible, commercially off -the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
ii. Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
iii. Should any equipment used on site utilizing small off -road engines be contracted out, the logistics use facility shall preferentially contract for services utilizing zero-emission small off-road engines.

“Expansion” means the expansion of an existing logistics use facility by 20 percent or more of the existing square footage. Office space shall not be included as part of the existing square footage or in the square footage for the 20- percent expansion threshold.

“Heavy-duty truck” means a class 7 or class 8 truck, as defined below:
a. “Class 7 truck” means a truck with a gross vehicle weight rating of 26,001 to 33,000 pounds.
b. “Class 8 truck” means a truck with a gross vehicle weight rating of greater than 33,000 pounds.

8 a. “Logistics use development” or “logistics use facility” does not include any of the following:
i. Facilities where food or household goods are sold directly to consumers and are accessible to the public.
ii. A building primarily served by rail to move cargo goods or products. iii. A Strategic Intermodal Facility. For purposes of this chapter, “Strategic Intermodal Facility” means a project that satisfies all of the following requirements:
(A) Logistics facilities, including warehousing and transloading facilities, served by rail.
(B) Intermodal freight transport services.
(C) All facility structures and related rail operations are located within a single site footprint.
iv. A building that serves a primary agricultural use that is actively operated for a single period of 90 consecutive days or less each year.

“Logistics Park” means a logistics use facility that includes multiple logistic use facility buildings.

“Sensitive receptor” means one or more of the following:
a. A residence, including, but not limited to, a private home, apartment, condominium unit, group home, dormitory unit, or retirement home. b. A school, including, but not limited to, a preschool, prekindergarten, or school maintaining kindergarten or any of grades 1 to 12, inclusive. c. A daycare facility, including, but not limited to, in-home daycare. d. Publicly owned parks, playgrounds, and recreational areas or facilities primarily used by children. For purposes of this chapter, the following types of park and recreation areas shall not be considered a sensitive receptor:
(i) Parks and recreation areas included as a condition of approval for the logistics use development; (ii) Land that will be used to ensure the public’s right of access to the sea, or other public access, pursuant to the California Coastal Act of 1976 (Division 20 (commencing with Sect ion 30000) of the Public Resources Code) or McAteer-Petris Act (Title 7.2 (commencing with Section 66600)); and (iii) Land developed at or adjacent to an airport or seaport for the express purpose of creating a buffer area between sensitive receptors and an airport or seaport facility.
e. Nursing homes, long-term care facilities, hospices, convalescent facilities, or similar live-in housing.
f. Hospitals, as defined in Section 128700 of the Health and Safety Code.

“Small off -road engines” means spark -ignition engines rated at or below 19 kilowatts or 25 horsepower or less.

“Stacking Depth” means the length of on- site driveway or internal circulation space located between the property line and the entry point to a truck court or loading area that is designed to accommodate queued trucks. 556

9 “Transportation Refrigeration Unit (TRU)” means a self-contained refrigeration system mounted on or integrated into a truck, trailer, or container that is used to maintain temperature-controlled conditions for perishable goods during transport.

“Transportation Refrigeration Unit (TRU) Plug- in” means a permanently installed electrical outlet, connector, or interface located at a dock door and designed to supply electric power to a transportation refrigeration unit.

“Trees with Low Biogenic Emissions” means tree species that emit low levels of biogenic volatile organic compounds (BVOCs), including isoprene and monoterpenes, as identified in guidance, models, or reference lists published by the California Air Resources Board (CARB), the South Coast Air Quality Management District (SCAQMD), or other applicable air quality agencies, as such guidance may be amended from time to time.

“Truck Loading Bay ” or “ Truck Bay” means a designated area of a logistics facility designed for the loading or unloading of goods by trucks, including the dock door opening, associated loading dock, dock levelers, and the immediately adjacent maneuvering and staging area used by a truck while positioned at the dock.

C. Applicability

1. The provisions of this chapter shall not apply under the following circumstances a. A proposed logistics use facility that meets the following conditions:
i. The proposed logistics use facility is a mixed- use development that proposes the development, construction or establishment of a sensitive receptor on the site of the proposed logistics use facility. ii. There are no existing sensitive receptors within 1,000 feet of any proposed truck loading bay within the property line of the proposed logistics use facility.
b. The logistics use facility had a complete application submitted to the city for consideration on or prior to September 30, 2024.
c. The city’s approval of the logistics use facility occurred prior to October 3, 2025.
i. For purposes of this section, “approval” shall have the same meaning as is set forth in subdivision (a) of Section 15352 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations. d. Nothing in this section shall be construed to supersede mitigation measures required by the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

10 the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of California Government Code Section 65098.1, as applicable, if a new sensitive receptor is constructed, established, or permitted after October 3, 2025.
ii. Notwithstanding any other law, except as provided in California Government Code Section 65098.1.6, if by September 30, 2024, a proposed expansion of a logistics use facility is in a local entitlement process, then the proposed expansion shall not be subjec t to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of California Government Code Section 65098.1, as applicable, if a sensitive receptor is constructed, est ablished, or permitted after October 3, 2025.
iii. Notwithstanding any other law, except as provided in California Government Code Section 65098.1.6, if by September 30, 2024, a property is currently in a local entitlement process to become a logistics use facility, then the proposed logistics use facility shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of California Government Code Section 65098.1, as applicable, if a sensitive receptor is constructed, established, or permitted after October 3, 2025.
b. i. Any proposed new logistics use facility that requires the rezoning of land and must undergo the city’s land use development entitlement process shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of California Government Code Section 65098.1, as applicable, if the start of the entitlement process for the logistics use facility began before any sensitive receptor started its own entitlement or permitting process, unless the proposed sensitive receptor was an existing allowable use according to local zoning regulations.
ii. During a logistics use facility’s entitlement process for a new or expanded logistics use facility, if a new sensitive receptor is proposed or established within the distances required by paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of California Government Code Section 65098.1, as applicable, then those distance requirements shall not apply to the logistics use facility so long as the logistics use facility was not already subject to those requirements prior to the new sensitive receptor being proposed or established.
c. The protection afforded by this section shall remain in effect from the time of the initial application submission through the completion of the entitlement process, including any necessary rezoning actions and through 558

11 the development period. If no construction activity occurs within five years of entitlement approvals, the protections shall be waived.

D. L ogistics Use Facility Development and Design Standards

1. General Requirements
a. TABLE 9. 05.060 Logistic Use Facility Development Standards provides the general requirements for all development of logistics use facilities regardless of size in the city.
b. The industrial development standards of Title 9 shall apply to all logistics use facilities, unless otherwise specifically provided in this chapter.

TABLE 9.05.060
Logistic Use Facilities Development Standards

Category Standard
Building Setbacks
Front setback – minimum 20 feet from logistics use facility property line Side setback – minimum 20 feet from logistics use facility property line Rear setback – minimum 20 feet from logistics use facility property line No dock doors or truck bay doors shall be located within 1,000 feet from any sensitive receptor.

Building Height
Building height and massing shall not exceed the maximum height limits of the applicable industrial zoning district and all applicable airport land use compatibility and federal aviation regulations.

Building Design
Standards
Comply with or exceed all requirements of the most current building energy efficiency standards specified in Part 6 (commencing with Section 100) of Title 24 of the California Code of Regulations and the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) that are in effect at the time that the building permit is issued, including, but not limited to, the following requirements related to:
• Photovoltaic System
o Photovoltaic system installation and associated battery storage. o For purposes of the photovoltaic system installation requirement, all logistics use facility square footage should be considered conditioned space.
• Cool roofing
• Medium- and heavy-duty vehicle charging readiness
• Light-duty electric vehicle charging readiness and installed charging stations Skylights shall be provided in at least one percent of the roof area, or equivalent LED efficient lighting.

Design and construct roofs to facilitate the maximum future installation of rooftop solar photovoltaic (PV) systems.

Provide either (a) a secondary electrical room, (b) a primary electrical room sized 25% larger than required for building service needs, or (c) electrical gear installed at initial construction with 25% excess demand capacity .

Provide a truck driver lounge for truck drivers, employees and contractors of the logistics use facility and other permitted invitees, with a minimum floor area of 400 square feet for the first 100,000 square feet , equipped with restroom facilities, seating, cold water drinking fountains, continuously stocked vending machines, electrical outlets for personal devices such as mobile phones and 559

12 Category Standard
computers, heating and air conditioning., and increase the The lounge area shall be increased by 50 square feet for each additional 100,000 square feet of building area, up to a maximum of 1,000 square feet.

All facilities shall provide workers with secure storage facilities for bikes and other similar mobility devices with adequate electrical outlets.

Provide on-site meals or a lunch shuttle to nearest area with at least one restaurant or fast-food place for workers in the logistic facility.

High-efficiency heating, ventilation, and air-conditioning systems shall be utilized.

LEED Silver or equivalent performance approved by a LEED certified professional.

Buffers (Sensitive
Receptor)
Any new logistics use facility, which shall not be located within 1,000 feet of a sensitive receptor , shall have a buffer that is a minimum of 100 feet in width measured from the property line of any adjacent sensitive receptor public right-of- way.

Buffer areas shall include a solid wall and/or a landscaped berm of at least 15 feet in height, that which includes drought -tolerant natural ground landscaping with proper irrigation, and solid- screen buffering trees, and may include other hardscape, access, and passenger vehicle parking improvements.

Trees shall be used as part of a solid-screen buffering treatment and planted in two staggered rows along the length of the property line adjacent to a sensitive receptor, any public right-of-way. Trees used for this purpose shall be evergreen and, drought-tolerant, to the extent feasible, composed of species or varieties with low biogenic emissions, of a minimum 36- inch box size at planting , which are capable of growing to a height of at least five feet above the logistics use facility’s closest building or structure , and spaced at no greater distance than 40 feet on center, with a dedicated proper irrigation system. Palm trees shall not be utilized, and all dead or dying trees shall be immediately replaced with the same species or variety. The buffer area may include any landscaped areas within a public right-of-way or public or private pedestrian walkways.

Orient truck loading bays on the side of the logistics use facility that is furthest away from the nearest sensitive receptor, to the extent feasible.

Location (Roadways)(1)
Any new logistics use facility shall be sited on roadways that meet the following classifications:
• Arterial roads.
• Collector roads.
• Major thoroughfares.
• Local roads that predominantly serve commercial, agricultural, or industrial uses.

For purposes of this chapter, local roads shall be considered to predominantly serve commercial, agricultural, or industrial uses if more than 50 percent of the parcels fronting the road within 1,000 feet of the site’s truck entrances and exits are designated for commercial, agricultural, or industrial use according to the local zoning ordinance.

Site Access and
Circulation
Provide a separate entrance to the logistics use facility or logistics park for heavy- duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial, agricultural, or industrial uses. A separate entrance for heavy -duty trucks may include a driveway with a lane dedicated to heavy-duty trucks and a lane dedicated to automobiles.

Locate truck entry, exit, and internal circulation away from any public street or roadway that is not designated by ordinance as an official truck route sensitive receptors. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the logistics use facility that are directly adjacent to any public street 560

13 Category Standard
or roadway that is not designated by ordinance as an official truck route a sensitive receptor property line.

Landscape Design
Standards
Landscaped front setback
Minimum 35% tree shade for parking lots reserved for the parking of traditional passenger vehicles (15-Year establishment period from issuance of first Certificate of Occupancy; Demonstrated in Plan Check Submittal)
Passenger Vehicle
Charging
Infrastructure
All passenger vehicle charging infrastructure shall be installed in compliance with the 2025 current California Green Building Code Sections A5.106.5.3 Electric Vehicle (EV) Charging. [N] (2); A5.106.5.3.3 Tier 2(3); and Section A5.106.5.3.4 Tier 2 Electric Vehicle Charging Stations (EVCS) —Power Allocation Method (4) or equivalent in effect at the time of issuance of the requisite building permit.

In no case shall less than a minimum of 50 percent of all passenger vehicle parking spaces be preinstalled with conduit and all necessary physical infrastructure to support future charging of electric vehicles.

In no case shall less than a minimum of 15 percent of all passenger vehicle parking spaces installed with electric vehicle charging stations.

Truck Charging
Infrastructure
All logistics use facilities shall be equipped with EV -ready conduits for each truck door or parking space, with at least 50 percent of those installed with fast chargers.

Transportation
Refrigeration Units
(TRU)
All logistics use facility projects shall provide fully functional TRU plug-ins or similar electrical hookups at all truck loading bays / dock doors , which shall be properly maintained and remain in good operational condition at all times during the operation of the respective logistics use facility.

Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay and sufficient power is available.

Operational Emission
Controls
The logistics use facility operator shall ensure all classes of forklifts used on site shall be zero- emission by January 1, 2028, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site. • If not operationally feasible as determined by the community development director or designee based on credible evidence submitted by the logistics use facility operator, commercially off-the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
• Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.

The logistics use facility operator shall ensure that equipment On site equipment used on site utilizing small off-road engines shall be zero- emission, to the extent operationally feasible, if commercially off-the-shelf available, and there is adequate power available on site.
• If it is not operationally feasible to utilize small off -road zero-emission engines as determined by the c ommunity development director or designee based on credible evidence provided by the logistics use facility operator , or sm all off -road zero -emission engines are not commercially off -the-shelf available, or if there is not inadequate power available on site, the cleanest technology commercially available shall be used. • Costs incurred by the logistics use facility operator shall not be a factor in determining operational feasibility pursuant to this subparagraph.

The logistics use f acility operator shall ensure that any equipment used on site utilizing small off-road engines by contractors also conforms to the same standards.

All trucks stored on-site as part of a facility’s fleet shall have a model year of 2014 at least 2017 or newer by 2027, after which all trucks stored on-site as part of 561

14 Category Standard
a facility’s fleet shall be replaced every two years with the latest model year that meets the California Air Quality Board (CARB) clean truck standards in effect at that time.

Provide employee transit route information, which shall also be posted in the same manner and in the same areas where mandatory employee notices and other labor notices must be physically posted pursuant to state and federal laws and regulations, and designate a minimum of fifty percent (50%) of the total on-site parking spaces for any combination of zero-emission vehicles, fuel-efficient vehicles, and carpool/vanpool vehicles.

Operational Health
Risk Assessment
(HRA)
Conduct an operational Health Risk Assessment (HRA) for projects within 900 feet of a sensitive receptor when unmitigated emissions are expected to result in (a) carcinogenic risk ≥ 10 in one million for the Maximally Exposed Individual, exceed SCAQMD cumulative cancer risk thresholds, or (b) non- carcinogenic hazard index ≥ 1.0.

Electrical Bicycle and
Other Electrical
Mobility Devices
Parking
Provide bicycle parking equal to five percent of the required automobile parking spaces, with a minimum of two bicycle parking stalls. At least 50 percent of required bicycle parking spaces shall be equipped with electrical outlets suitable for electric bicycle charging electric bicycles and other electric mobility devices.

Signage
Prior to the issuance of a certificate of occupancy, signs shall be installed at all heavy-duty truck exit driveways directing truck drivers to the truck route as indicated in the truck routing plan, subject to the mounted sign standards set forth below.

Logistics use facility operators shall establish and submit for approval by the community development director or designee a truck routing plan to and from the state highway system based on the latest truck route map of the city. The truck routing plan shall describe the operational characteristics of the logistic use and of the logistics use facility operator, including, but not limited to, hours of operation, types of items to be stored within the building, and proposed truck routing to and from the logistics use facility to designated truck routes that, to the greatest extent possible, avoid passing sensitive receptors. The truck routing plan shall include signage an d pavement markings, and queuing analysis for preventing truck queuing, circling, stopping, and parking on public streets. The logistics use facility operator shall be responsible for communication of the truck routing plan internally and to external parties who may dispatch trucks to the logistics use facility.

Mounted signage standards
• Shall be bilingual (English and Spanish);
• C onstructed of permanent, durable, weather -proof materials that are maintained in a condition throughout the lifetime of the respective logistics use facility that ensures they remain is easily legible to truck drivers from the interior of their truck cabs;
• Minimum 24″×36″;
• 2″ letter height; and

1. Mounted 4–8 ft above finished grade.
•
Anti-idling signs indicating a three-minute heavy-duty truck engine idling restriction shall be posted at logistics use facilities along entrances to the site and at the dock doors / truck loading bays. The signs should shall include the SCAQMD complaint line and subject to the mounted sign standards set forth above.

Training Programs and
Complaints
All logistics facilities should shall implement training programs for managers and employees on efficient scheduling and load management to minimize truck queuing and idling.
562

15 Category Standard
Worker Transit
Information
Facilities shall also provide workers with transit route information and incentives to carpool, such as dedicated carpool parking spaces. Such information shall also be posted in the same manner and in the same area s where mandatory employee notices and other labor notices must be physically posted pursuant to state and federal laws and regulations.

Abatement Fund(6)
Prior to issuance of the first certificate of occupancy, a logistics use facility project applicant shall pay a one -time air quality abatement fee of $1,500 for each estimated daily truck trip into a city-designated Heating, Ventilation, and Air Conditioning (HVAC) and Air Filtration Abatement Fund, which shall be used to subsidize affixed permanent air filtration system and/or HVAC systems with a SEER rating of at least 19 with a 10 year maintenance agreement for any existing structures constituting or situated within a the nearest sensitive receptor located within 1,000 feet of to the property line of the proposed logistics use facility or within 1,000 feet of a dedicated and any existing structures constituting or situated within the nearest sensitive receptor situated from the center line of any designated truck route utilized by any trucks which will service the subject logistics use facility.

Construction
Emissions Controls
All construction equipment including smaller equipment (hand tools and power washers) shall be zero- emission if feasible and commercially available within the State of California. If it is not feasible , as determined by the community development director or designee based on credible evidence submitted by the logistics use facility operator/owner, to utilize zero- emission construction equipment, or such equipment is not commercially available within the State of California, all such construction equipment shall meet the Environmental Protection Agency’s (EPA) Tier 4 or the most current Tier Final standards adopted and implemented by the EPA.

The idling of all construction equipment and construction-related vehicles shall be limited to 3 minutes.

Grading and earthmoving activities shall be prohibited on days when the Air Quality Index (AQI) is 100 or greater.

Diesel generators shall not be used or operated at any time during construction except in emergencies or where no feasible alternative power source exists.

Notes:
(1) A waiver may be granted where siting on the designated roadways is impractical due to unique geographic, economic, or infrastructure-related reasons. The waiver shall be approved by the city, county, or city and county, provided that the applicant demonstrates all of the following:
• There is no feasible alternative site that exists within the designated roadways. • A traffic analysis has been completed and submitted to the local approving authority. • The site is an existing industrial zone or an existing industrial or agricultural zone for an agricultural - related logistics use project.
• The proposed site will incorporate mitigations to minimize traffic and environmental impacts on residential areas to the greatest extent feasible.
(2) A5.106.5.3 Electric Vehicle (EV) Charging. [N]
Construction shall comply with Section A5.106.5.3.1 Tier 1 or A5.106.5.3.3 Tier 2, and in accordance with regulations in the California Building Code and the California Electrical Code. (3) A5.106.5.3.3 Tier 2
Comply with Section 5.106.5.3.1 EV capable spaces, Section 5.106.5.3.2 Electric vehicle charging stations and associated Table A5.106.5.3.3, or Section A5.106.5.3.4 Electric vehicle charging stations (EVCS)—power allocation method and associated Table A5.106.5.3.4.

16 Category Standard
spaces and Level 2 EVSE. Refer to Section 5.106.5.3.3 for the allowed use of Automatic Load Management System (ALMS).

TABLE A5.106.5.3.3 - TIER 2 EV CAPABLE SPACES AND EVCS

TOTAL NUMBER OF

ACTUAL PARKING
SPACES

NUMBER OF

REQUIRED EV

CAPABLE SPACES

OTHER THAN OFFICE AND

RETAIL NUMBER OF
REQUIRED EVCS2, 3

OFFICE AND RETAIL

NUMBER OF
REQUIRED EVCS2, 3
1—9 3 2 2
10—25 8 4 6
26—50 17 9 13
51—75 28 14 21
76—100 40 20 30
101—150 57 29 43
151—200 79 40 59
201 and over 45 percent of actual
parking spaces1
50 percent of EV capable
spaces1
75 percent of EV capable
spaces1

1. Calculation for spaces shall be rounded up to the nearest whole number.

2. Each EVCS shall reduce the number of required EV capable spaces by the same number.

3. At least one Level 2 EVSE shall be provided.
(4) A5.106.5.3.4 Tier 2 Electric Vehicle Charging Stations (EVCS)—Power Allocation Method The power allocation method may be used as an alternative to the requirements in Section 5.106.5.3.1, Section 5.106.5.3.2 and associated Table A5.106.5.3.3. Use Table A5.106.5.3.4 to determine the total power in kVA required based on the total number of actual parking spaces.

Power allocation method shall include the following:

1. Use any kVA combination of EV capable spaces, low power Level 2, Level 2 or DCFC EVSEs.

2. At least one Level 2 EVSE shall be provided.

TABLE A5.106.5.3.4 - TIER 2 EVCS—POWER ALLOCATION METHOD TOTAL

NUMBER OF
ACTUAL

PARKING
SPACES

MINIMUM
TOTAL kVA @

6.6 kVA

OTHER THAN OFFICE AND
RETAIL TOTAL kVA REQUIRED IN

ANY COMBINATION OF EV

CAPABLE
3, 4, LOW POWER LEVEL
2, LEVEL 21, 2, OR DCFC

OFFICE AND RETAIL TOTAL
kVA REQUIRED IN ANY

COMBINATION OF EV

CAPABLE
3, 4, LOW POWER
LEVEL 21, 2, OR DCFC
1—9 19.8 19.8 19.8
10—25 52.8 52.8 52.8
26—50 112.2 112.2 112.2
51—75 184.8 184.8 184.8
76—100 264.0 264 264
101—150 376.2 376.2 376.2
151—200 521.4 521.4 521.4
201 and over 45 percent of
actual parking
spaces × 6.6
Total required kVA = P × .45 × 6.6
Where P = Parking spaces in facility
Total required kVA = P × .45 ×

6.6 Where P = Parking spaces in
facility

1. Level 2 EVSE @ 6.6 kVA minimum.

2. At least one Level 2 EVSE shall be provided.

3. Maximum allowed kVA to be utilized for EV capable spaces is 75 percent.

4. If EV capable spaces are utilized, they shall meet the requirements of Section 5.106.5.3.1 EV capable spaces.

17 Category Standard
the city for any new tenant of the logistics use facility . The planning commission community development director or equivalent position shall have discretion to determine if changes to the truck routing plan are necessary, including, but not limited to, any additional measures to alleviate truck routing and parking issues that may arise during the life of the logistics use development. Any revised truck routing plan shall conform with the city’s designated truck routes map as established by ordinance.

(6) The City reserves the right to have the Abatement Fund administered by a third party of its choosing. If the City elects to have the Abatement Fund administered by a third party, the City reserves the right to establish an administrative fee pursuant to all applicable laws governing the establishment of such a fee.

2. Replacement Housing Obligations

All logistics use facilities shall be subject to the replacement housing obligations set forth in Section 6509856 of the Government Code, as it may be amended from time to time.

a. Two-to-one replacement of any demolished housing unit that was occupied within the last 10 years, unless the housing unit was declared substandard by a building official, pursuant to Section 17920.3 of the Health and Safety Code, prior to purchase by the logistics use facility developer.

For each housing unit demolished, regardless of market value of the unit, two units of affordable housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, that are deed-restricted shall be built within the city. Funds from any fee imposed for the replacement of demolished housing units shall be placed in a housing-specific set -aside account and shall be used for housing within three years of collection.
b. If residential dwellings are affected through purchase of any land for the development of a logistics use facility, the developer shall provide any displaced tenant with an amount equivalent to 12 months’ rent at the current rate.
c. Nothing in this section shall be construed to limit or preclude the applicability of Article 2 (commencing with Section 66300.5) of Chapter 12 to logistics use facilities. A logistics use facility that is subject to Article 2 (commencing with Section 66300.5) of Chapter 12 shall first comply with that article. Any additional replacement housing obligations or payments to displaced tenants that are not required pursuant to that article shall comply with this section.

3. Architectural Design Standards
a. These standards are applied to all logistics use facilities irrespective of the distance from sensitive receptors or unlaying zones • Building façades exceeding 200 feet in continuous length shall include façade articulation at intervals not exceeding 100 feet, achieved through wall plane offsets of at least two (2) feet, architectural reveals, or material changes.
• Primary building façades facing public streets shall include a minimum 15 percent façade modulation, measured as variations in plane, depth, 565

18 or material. This calculation shall be provided as a part of plan check package.
• Metal wall panels shall be factory -finished and non- reflective, with a minimum low-gloss finish
• Primary façades (street -facing or receptor -facing) shall incorporate at least two exterior materials, excluding trim.
• Unfinished concrete tilt -up panels are prohibited on façades facing public streets or sensitive receptors unless treated with architectural scoring, integral color, or applied finishes.
• Highly reflective or mirrored surfaces are prohibited on exterior walls and roofs.
• Mechanical equipment located on roofs shall be fully screened from view from public streets and sensitive receptors by parapets or architectural screens equal to or greater than the height of the equipment. • Loading docks, truck courts, and service areas shall not be located on façades facing public rights -of-way streets or sensitive receptors unless fully screened by required buffers, walls, or buildings. • Dock doors visible from public streets shall be recessed or screened using architectural elements or landscape screening.
• Primary pedestrian building entries shall be clearly defined using a minimum of two architectural features, such as canopies, awnings, recessed entries, or contrasting materials.
• Office components shall be visually distinct from warehouse portions through changes in height, materials, or façade articulation. b. Building-mounted lighting shall be full cut-off fixtures and shielded to prevent light spillovers onto adjacent properties and sensitive receptors.

Section 5. 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 6. 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 7. EFFECTIVE DATE

This ordinance shall take effect thirty (30) days after the date of its second reading.

566

19 Section 8. 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.

APPROVED AND ADOPTED this day of 2026.

Ulises
Cabrera
Mayor

City of Moreno Valley

ATTEST:

_______________________________
M. Patricia Rodriguez, City Clerk

APPROVED AS TO FORM:

_______________________________
Steven B. Quintanilla, City Attorney
567
# AG Recommended Text Ordinance Comparative Text Notes
1 Heavy-Duty Truck Minimum Model Year: All
warehouse projects developed under the 2024 GPU
shall utilize trucks with a minimum 2014 model year
by 2027.

All trucks stored on-site as part of a facility’s
ﬂeet shall have a model year of 2014 or newer
by 2027.

Ordinance is equivalent to AG
recommendation
2 Truck Charging Infrastructure: All warehouse
projects developed under the 2024 GPU shall be
equipped with electric vehicle (EV)-ready conduits
at each truck dock or parking spot to support an EV
charger and at least 50% of these shall be installed
fast chargers.

All logistics use facilities shall be equipped with
EV-ready conduits for each truck dock or
parking space with at least 50 percent of those
installed with fast chargers.

Ordinance is equivalent to AG
recommendation
3 Passenger Vehicle Charging Infrastructure: All
warehouse projects developed under the 2024 GPU,
shall have at least 25% of passenger car parking
spots EV-ready, with at least 15% of passenger car
parking spots equipped with Level 2 chargers.

All passenger vehicle charging infrastructure
shall be installed in compliance with 2025
California Green Building Code Sections
A5.106.5.3 Electric Vehicle (EV) Charging.
[N](2); A5.106.5.3.3 Tier 2(3); and Section
A5.106.5.3.4 Tier 2 Electric Vehicle Charging
Stations (EVCS)—Power Allocation Method(4).

In no
case shall less than a minimum of 50
percent of all passenger vehicle parking spaces
preinstalled with conduit and all necessary
physical infrastructure to support future
charging of electric vehicles.

In no case shall less than a minimum of 15
percent of all passenger vehicle parking spaces
installed with electric vehicle charging stations.

Ordinance is better in EV readiness
asking for 50% instead of 25%
suggested by AG. The ordinance
doesn’t mention Level 2 instead
points to CAL Green Section
A5.106.5.3.4 Tier 2 Electric Vehicle
Charging Stations (EVCS)—Power
Allocation Method(4) which is a
combination of low-power Level 2,
Level 2, or DCFC)
4 Transportation Refrigeration Units (“TRUs”): All
warehouse projects developed under the 2024 GPU,
which are to be used for refrigerated storage, shall
have TRU plug-in installed at all dock doors.

All logistics use facility projects shall provide
fully functional TRU plug-ins or similar electrical
hookups at all truck loading bays / dock doors.

Idling or use of auxiliary truck engine power to
power climate control equipment shall be
Ordinance goes a step further to
make sure the truck engine power
is not used to power refrigeration
needs if the truck is capable of
plugging in at the loading bay and
sufficient power is available.

MATRIX

NEGOTIATED MITIGATION MEASURES
1 568
prohibited if the truck is capable of plugging in
at the loading bay and sufficient power is
available.
5 Yard Equipment: All warehouse projects developed
under the 2024 GPU shall use 100% ZEV for forklifts,
yard trucks, and other on-site equipment
The logistics use facility operator shall ensure
all classes of forklifts used on site shall be zero-
emission by January 1, 2028, to the extent
operationally feasible, commercially off-the-
shelf available, and adequate power available
on site.
• If not operationally feasible, commercially
off-the-shelf available, or if there is
inadequate power available on site, the
cleanest technology commercially available
shall be used.
• Cost shall not be a factor in determining
operational feasibility pursuant to this
subparagraph.

The logistics use facility operator shall ensure
that equipment used on site utilizing small off -
road engines shall be zero -
emission, to the
extent operationally feasible, commercially off -
the-shelf available, and adequate power
available on site.
• If not operationally feasible, commercially
off-the-shelf available, or if there is
inadequate power available on site, the
cleanest technology commercially available
shall be used.
• Cost shall not be a factor in determining
operational feasibility pursuant to this
subparagraph.

Ordinance is equivalent to AG
recommendation. Ordinance
provides clarity and a deadline for
achieving this. It also accounts for
market availability and power
needs and provides relief in such
situations. It clariﬁes that cost
should not be grounds for
providing relief.
2 569
The logistics use facility operator shall ensure
that any equipment used on site utilizing small
off-road engines by contractors also conforms to
the same standards.
6 Idling Limits: All warehouse projects developed
under the 2024 GPU shall have signage noting a 3-
minute idling limit and include the SCAQMD
complaint line to submit idling complaints.

Anti-idling signs indicating a three-minute
heavy-duty truck engine idling restriction shall
be posted at logistics use facilities along
entrances to the site and at the dock doors /
truck loading bays. The signs should include the
SCAQMD complaint line.

Ordinance is equivalent to AG
recommendation.
7 Construction Equipment and Operations: All
warehouse projects developed under the 2024 GPU
shall take steps to control construction emissions,
including using zero emission construction
equipment where feasible, and requiring facility
operators to provide charging equipment for electric
construction equipment to facilitate their use.

However, where zero-emission equipment is
infeasible, the facility shall use equipment certiﬁed
to California Air Resources Board (CARB) Tier 4 and
use of low-polluting fuels (e.g., low NOx diesel).

All construction equipment including smaller
equipment (hand tools and power washers)
shall be zero-emission if feasible and
commercially available within the State of
California. If it is not feasible to utilize zero-
emission construction equipment, or such
equipment is not commercially available within
the State of California, all such construction
equipment shall meet the Environmental
Protection Agency’s (EPA) Tier 4 Final
standards.

Ordinance is equivalent to AG
recommendation.
8 Construction Equipment and Operations: All
construction equipment idling shall be limited to 3
minutes and all smaller equipment, including hand
tools and power washers, shall be zero emission. In
addition, grading operations shall be prohibited on
days with an Air Quality Index greater than 100.

The idling of all construction equipment and
construction-related vehicles shall be limited to
3 minutes.

All construction equipment including smaller
equipment (hand tools and power washers)
shall be zero-emission if feasible and
commercially available within the State of
California. If it is not feasible to utilize zero-
emission construction equipment, or such
equipment is not commercially available within
the State of California, all such construction
equipment shall meet the Environmental
Ordinance is equivalent to AG
recommendation.
3 570
Protection Agency’s (EPA) Tier 4 Final
standards.

Grading and earthmoving activities shall be
prohibited on days when the Air Quality Index
(AQI) is 100 or greater.
9 Generators: All warehouse projects developed
under the 2024 GPU shall be prohibited from using
diesel except for emergencies
Diesel generators shall not be used or operated
during construction except in emergencies or
where no feasible alternative power source
exists.

Ordinance is equivalent to AG
recommendation. Ordinance
provides relief for emergency
situations and unavailability of
alternative source.
10 Worker Transit Programs: All warehouse projects
developed under the 2024 GPU shall provide
workers with secure bike storage facilities with
outlets for e-bikes
Provide bicycle parking equal to ﬁve percent of
the required automobile parking spaces, with a
minimum of two bicycle parking stalls. At least
50 percent of required bicycle parking spaces
shall be equipped with electrical outlets
suitable for electric bicycle charging
Ordinance is equivalent to AG
recommendation. Ordinance
provides speciﬁcs for number of
spaces.
11 Worker Transit Programs: on-site meals or lunch
shuttle programs.

Provide on-site meals or a lunch shuttle to
nearest area with at least one restaurant or fast-
food place for workers in the logistic facility.

Ordinance is equivalent to AG
recommendation.
12 Worker Transit Programs: provide workers with
transit route information and incentives to carpool,
such as dedicated carpool parking spaces.

Provide employee transit route information and
designate a minimum of ﬁfty percent (50%) of
the total on-site parking spaces for any
combination of zero-emission vehicles, fuel-
efficient vehicles, and carpool/vanpool
vehicles.

Ordinance is equivalent to AG
recommendation. Ordinance also
articulates the carpool incentive.
13 Worker Transit Programs: Facilities over 400,000
square feet shall maintain a lounge for truck
operators with amenities including restrooms,
vending machines, and air conditioning to reduce
the need for additional truck trips to ﬁnd these
services elsewhere.

Provide a truck driver lounge with a minimum
ﬂoor area of 400 square feet, equipped with
restroom facilities, seating, vending machines,
and air conditioning, and increase the lounge
area by 50 square feet for each additional
100,000 square feet of building area, up to a
maximum of 1,000 square feet.

Ordinance is stringent as it
requires all logistics facilities to
provide lounge instead of just
facilities over 400,000 square feet
as recommended by AG. It also
clariﬁes the size of lounge and
increments based on logistics
facility size.
4 571
14 Worker Training Programs: All warehouse projects
developed under the 2024 GPU shall implement
training programs for managers and employees on
efficient scheduling and load management to
minimize truck queuing and idling.

All logistics facilities should implement training
programs for managers and employees on
efficient scheduling and load management to
minimize truck queuing and idling.

Ordinance is equivalent to AG
recommendation.
15 Setbacks: All warehouse projects developed under
the 2024 GPU shall be located at least 1,000 feet
from sensitive receptors.

No dock doors or truck bay doors shall be
located within 1,000 feet from any sensitive
receptor.

Ordinance is equivalent to AG
recommendation and provides
clariﬁcation on where the setback
should be measured from.
16 Charging Infrastructure: All warehouse projects
developed under the 2024 GPU shall install
charging infrastructure on each truck door or
parking spot, with 50 percent of those having
installed DC fast chargers.

All logistics use facilities shall be equipped with
EV-capable conduits for all Class 7 and 8 truck
parking space and truck docks with at least 50
percent of those installed fast chargers.

Ordinance is equivalent to AG
recommendation.
17 Construction Equipment and Generators: All
warehouse projects developed under the 2024 GPU
shall utilize zero emission construction equipment
and charging infrastructure for that equipment.

When zero emission options are infeasible, the
facility may only utilize equipment certiﬁed under
CARB Tier 4 and use of low-polluting fuels (e.g., low
NOx diesel). Diesel generators shall be used only in
cases of emergencies, limiting idling to 3 minutes,
and prohibiting grading on day where the air quality
index was over 100.

See previous- #7, 8, 9 Ordinance is equivalent to AG
recommendation.
18 Air Filtration Abatement Fund: The City shall create an abatement fund for subsidizing air ﬁltration
and/or HVAC systems for residents within 1,000 feet
of any warehouse or truck route, thereby abating air
quality impacts for the most impacted sensitive
receptors. The City may choose to administer
abatement fund or designate tits administration to a
third party which will require an additional 10
percent administrative fee. All warehouse projects
Prior to issuance of the first certificate of
occupancy, a logistics use facility project
applicant shall pay a one-time air quality
abatement fee of $1,500 for each estimated
daily truck trip into a city-designated Heating,
Ventilation, and Air Conditioning (HVAC) and Air
Filtration Abatement Fund, which shall be used
to subsidize air filtration and/or HVAC systems
for any existing structures constituting or
Ordinance is equivalent to AG
recommendation.
5 572
developed under the 2024 GPU shall pay a one-time
fee of $1,500 for each daily truck trip the warehouse
project is estimated to induce.
situated within a sensitive receptor located
within 1,000 feet of the property line of the
proposed logistics use facility or within 1,000
feet of a dedicated truck route.
19 Requiring projects to include a solid wall and/or
landscaped berm of at least 15 feet in height,
separating the project and nearby sensitive
receptors.

Any new logistics use facility within 1,000 feet of
a sensitive receptor shall have a buffer that is a
minimum of 100 feet in width measured from
the property line of any adjacent sensitive
receptor.

Buffer areas shall include a solid decorative
wall, landscaped berm and wall, or landscaped
berm 15 feet or more in height, that includes
drought tolerant natural ground landscaping
with proper irrigation, and solid-screen
buffering trees and may include other
hardscape, access, and passenger vehicle
parking improvements.

Trees shall be used as part of a solid-screen
buffering treatment and planted in two rows
along the length of the property line adjacent to
a sensitive receptor. Trees used for this purpose
shall be evergreen, drought tolerant, to the
extent feasible, composed of species with low
biogenic emissions, of a minimum 36-inch box
size at planting, and spaced at no greater
distance than 40 feet on center. Palm trees
shall not be utilized. The buffer area may
include any landscaped areas within a public
right-of-way or public or private pedestrian
walkways.

Ordinance is equivalent to AG
recommendation. Ordinance adds
more information on the type of
landscaping and trees to be used.

Adds minimum distance between
the trees.

Goes above and beyond for buffer
requirement- AB 98 for facilities
that are less than 250,000 SF
requires only 50 feet buffer, the
ordinance requires 100 feet buffer
for all facilities.
6 573
20 At least 35% of tree shade cover in project parking
lots is established within 15 years of
commencement of operations
Minimum 35% tree shade for parking lots
reserved for the parking of traditional passenger
vehicles (15-Year establishment period from
issuance of first Certificate of Occupancy;
Demonstrated in Plan Check Submittal)
Ordinance is equivalent to AG
recommendation.

7 574
575
Join us for a Workshop regarding Truck Routes and the Logistics Facilities Mitigation Measures Ordinance.

When: Wednesday, May 13, 6:00 p.m.

Location: Palm Middle School Library, 11900 Slawson Ave, Moreno Valley, CA

Additional Information: As directed by the Moreno Valley City Council, the Assistant City Manager of Development, the Community Development Director, the Public Works Director, and the City Attorney will hold a Workshop to hear and address comments from interested parties regarding Truck Routes and the Logistics Facilities Mitigation Measures Ordinance. The Logistics Facilities Mitigation Measures Ordinance includes the air quality-related mitigation measures negotiated with the California Attorney General’s Office. The purpose of the Logistics Facilities Mitigation Measures Ordinance is to amend Chapter 9.05 (Industrial Districts) of Title 9 (Planning & Zoning) to add Section 9.05.060 (Logistics Use Facilities Mitigation Measures) which will officially memorialize, upon adoption, the air quality-related mitigation measures, negotiated with the California Attorney General’s Office, that exceed the basic development and operational standards of Assembly Bill 98 and Senate Bill 415.

The substance of any comments and any responses will be documented and reported to the Moreno Valley Planning Commission for its consideration in the context of the staff report related to the Logistics Facilities Mitigation Measures Ordinance, which will be reviewed and considered by the Planning Commission on May 28, 2026, at a duly noticed public hearing, for a recommendation to the City Council.

Please be advised that the scope of the Workshop shall be limited to only the Truck Routes and the Logistics Facilities Mitigation Measures Ordinance, and it is not intended to invite or reopen public testimony regarding any other issues related to the General Plan 2040 Update and Climate Action Plan approved by the City Council on April 21, 2026, at a duly noticed public hearing.

576

1 TO: The Planning Commission

FROM: Regine Kennedy, Principal Planner

AGENDA DATE: May 28, 2026

TITLE: COMMUNITY WORKSHOP NOTES REGARDING

NEGOTIATED LOGISTICS FACILITIES MITIGATION

MEASURES AND TRUCK ROUTES WORKSHOP HELD ON
MAY 13, 2026

As directed by the City Council at the conclusion of the April 21, 2026, City Council Public Hearing, staff was directed to hold a community workshop (Workshop) to invite input from residents and other stakeholders regarding the mitigation measures described in the proposed Ordinance, which were negotiated with the California Attorney General’s Office (AGO). To promote attendance, staff prepared an announcement titled “ Truck Routes and Logistics Facilities Mitigation Measures Ordinance Workshop,” which was posted at community spaces, emailed to elected officials and interested parties, and posted on several social networking sites, including Facebook. The Wor kshop was held at Palm Middle School Library from 6 to 8 p.m. on May 13, 2026.

Approximately sixteen (16) people, including three (3) City Planning Commissioners and one (1) Councilmember, attended the Workshop. Also in attendance were representatives of the Sierra Club and The Center for Community Action and Environmental Justice (CCAEJ). Staff in attendance included Assistant City Manager of Development Sean Kelleher, Community Development Director Angelica Frausto- Lupo, Public Works Director Mellisa Walker, Assistant City Engineer Harold Zamora, Planning Official Sergio Madera, Principal Planner Regine Kennedy, Associate Planner Claudia Marique, and City Attorney Steven Quintanilla. The scope of the discussion was limited to the proposed truck route map and the mitigation measures negotiated with the AGO. The attendees were informed that staff would take notes of their input and present them to the Planning Commission and City Council, which are summarized below:

General Comments

General comments from the public included the following:

• Will these mitigation measures apply to all logistics facilities development 577

(including existing)? – The City Attorney clarified that the proposed mitigation measures will only apply to future logistics facilities development. Existing logistics facilities projects that have been approved or have complete applications pending review will not be subject to these mitigation measures , due to legal concerns related to vested rights that prohibit the City from retroactively applying new regulations, with some very narrow exceptions.

• Traffic Enforcement – There was concern expressed about the enforceability of the mitigation measures and truck routes once they are implemented.

Negotiated Mitigation Measures

The City Attorney presented the M atrix of the proposed Logistics Facilities Mitigation Measures, which included 20 individual measures negotiated with the AGO . The Matrix included three columns – 1) AG Recommended Text; 2) Ordinance Comparative Text (proposed by the City); and 3) Notes (comparing the AG O’s recommended text with the City’s proposed mitigation language. The Matrix also, in multiple instances, notes that the City’s proposed measures go beyond what the AGO has recommended.

Below is a summary of the public comment s and suggestions related specifically to the proposed mitigation measures negotiated with the AGO:

• Item #1 - Truck Minimum Model Year – The Ordinance provides that all trucks stored onsite as a part of a facility’s fleet shall have a model year of 2014 or newer.

It was suggested that all trucks should have a model year of 2017 or newer and be updated automatically based on the California Air Resources Board ( CARB) requirements, which are updated periodically.
• Item #3 - Passenger Vehicle Charging Infrastructure – The Ordinance provides that all passenger vehicle charging infrastructure be installed in compliance with 2025 California Building Code. It was suggested that the language should instead reference “and/or the most current Building Code.”
• Item #4 – Transportation Refrigeration Units (“TRUs”) – The Ordinance provides that all logistics use facility projects have fully functional TRU plug-ins or similar electrical hookups at all truck loading bays/dock doors. It was suggested that Transportation Refrigeration Units (“TRUs”) shall be maintained in good condition for the life of the project.
• Item #5 – Yard Equipment and Solar Power Capacity – The Ordinance provides that all future warehouse projects use 100% ZEV for forklifts, yard trucks and other on-site equipment. It was noted that currently the amount of solar allowed on large buildings is limited to 50% by Moreno Valley Utility, and it was suggested that this should be expanded to 100% solar to accommodate ZEV equipment/vehicles. • Item #6 – Idling signs – The Ordinance provides that there shall be signage noting a 3-minute idling limit and include the SCAQMD complaint line to submit idling complaints. It was suggested that the signs should be able to be read from the truck cab, they should also be in Spanish, and always remain in good condition. • Item #7 – Construction Equipment Tier – The Ordinance provides in part that if it is not feasible to utilize zero-emission construction equipment, or such equipment 578

is not commercially available within the State, all such construction equipment shall meet the Environmental Protection Agency’s (EPA) Tier 4 Final standards. It was suggested that the measure should instead reference Tier 5 Final standards. • Item # 8 – Air Quality Index – The Ordinance provides that all grading operations shall be prohibited on days with an Air Quality Index greater than 100. It was suggested that there be some clarification as to how it is determined that Air Quality has surpassed the 100 AQ Index, how it will be enforced , and what standard of measurement will be used.
• Item #9 – Diesel Generators – The Ordinance provides that diesel generators shall not be used or operated during construction except in emergencies or where no feasible alternative power source exists. It was suggested that diesel generators should not be used at any time and should not be limited to just construction activities.
• Item #10 – E-Scooters – The Ordinance provides that electric bike charging be provided for future warehouse projects. It was suggested that the Ordinance also reference/include electric scooters.
• Item #12 – Worker Transit Program Information – The Ordinance provides in part that employees shall be provided with transit route information. It was suggested that all such information should b e posted in an easy -to-read location and legible from five feet away.
• Item #13 – Truck Driver Lounge – The Ordinance provides in part that a truck driver lounge equipped with restroom facilities, seating, vending machines, and air conditioning be provided. It was suggested that all employees (and not just truck drivers) shall have access to the lounge, and the lounge should also be heated and be equipped with water fountains.
• Item #14 – Training Programs - The Ordinance provides that all logistics facilities should implement training programs for managers and employees on efficient scheduling and load management to minimize truck queuing and idling. It was suggested that the ordinance should include “shall” rather than “should.” • Item #15 – Setbacks to sensitive receptors – The Ordinance provides that no dock doors or truck bay doors shall be located within 1,000 feet from any sensitive receptor. It was suggested that the 1000- foot setback be measured from the warehouse property line to the nearest sensitive receptor property line. • Item #17 – Construction Equipment and Generators – The Ordinance provides in part that construction equipment and charging infrastructure for such equipment be zero emission. It was suggested that there be some reference or clarification as to who will enforce these requirements.

Item #18 – Air Filtration /HVAC Systems – The Ordinance proposes a logistics use facility project applicant shall pay a one- time air quality abatement fee of $1,500 for each estimated daily truck trip into a city -designated Heating, Ventilation, and Air Conditioning (HVAC) and Air Filtration Abatement Fund, which shall be used to subsidize air filtration and/or HVAC systems for any existing structures constituting or situated within a sensitive receptor located within 1,000 feet of the property line of the proposed logistics use facility or within 1,000 feet of a dedicated truck route. It was suggested that the subsidized HVAC systems have a SEER rating of at least 19 with a 10-year maintenance warranty for filters. It was also suggested that the subsidized equipment and fixtures be permanently 579

installed so that they cannot be easily removed when the current occupant vacates the subject premises.

Item #19 – 1000-feet setback from sensitive users – The Ordinance proposes that any new logistics use facility within 1,000 feet of a sensitive receptor shall have a buffer that is a minimum of 100 feet in width, measured from the property line of any adjacent sensitive receptor. It was noted that this measure is actually less than the proposed 1000-foot setback recommended by the AGO.
• Item #20 – Parking Lot Tree Shade Cover – The Ordinance proposes that a minimum 35% tree shade be prov ided for parking lots reserved for the parking of traditional passenger vehicles. It was suggested that this measure be expanded to include shade for trucks as well. It was also suggested that more adequate tree cover be required to screen the warehouse building by utilizing fast -growing tall evergreen trees. It was also suggested that certain spacing between trees and the types of trees used for shielding the facility from public review be included in the Ordinance.

Additional questions and/or input from the public included expanding the above mitigation measures to other large industrial facilities (i.e., manufacturing buildings).

Truck Routes

A member of the public inquired about updates to the Truck Routes, and a Public Works staff member referred them to a board exhibit that illustrates the existing and proposed truck routes. Staff stated that community outreach meetings were held recently regarding the truck routes, and the proposed truck route map will be presented to the Planning Commission and City Council during duly noted public hearings. A member of the public also raised concerns about the Community Development Director's ability to approve changes to truck routes. Another member of the public inquired about the approved Truck Routes for the World Logistics Center (WLC) and whether the proposed changes would affect the WLC project, given that the WLC has a Development Agreement with the City.

It was also suggested that the City utilize citizen enforcement of the t ruck route regulations.

Conclusion

Staff in consultation with the City Attorney are currently reviewing all of the above comments/suggestions to determine their feasibility and consistency with the AGO’ s recommended measures and will present their recommendations for any revisions to the Ordinance prior to or at the Public Hearing. Any such recommendations made prior to the Public Hearing will be posted on the City’s website for public review and inspection.

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PEN26-0055 (Municipal Code Amendment) • Logistics Facilities MIbgation Measures Ord1nanco ame,,dlng Chapter 9.05 (Industrial DlslJfcts) or nue 9 (Planning & Zoning) to add Section 9.05.060 (Loglslics Use FacifiUes Mitigation Measures) to exceed the basic development and operaliol1al standards of Assembly B1II 98 and Senate B,11 415, negotiated with the Galilomle Attorney General's Offace, lo address air quahty impacts or logistics use radlilies devek>ped under the 2024 General Plan Update as approved by the C11y Council at a duly notlc<ld Public Hearing on April 21. 2026 City of Moreno Valley
Citywide
Citywide
This ordinance Is applicable to all land zoned for the development of logistics facilities throughout the City.

To consider the adoption of lhe proposed Logl,tics Facilities Mitigation Measures Ordinance that will codify the air quallly•relaled mltlgab0f1 measures negollated with the California A1tomey General's orroce, which address air qual,ty impacts of log,sllcs use facilities developed under the 2024 General Plan Update as approved by the City Council at a duly noticed Public Haering on Apnl 21 . 2026 Applicable to all Districts.
581

SUPPLEMENTAL STAFF REPORT

ID: [Report Number] Page 1

TO: The Planning Commission

FROM: Steven B. Quintanilla, City Attorney

AGENDA DATE: June 25, 2026

TITLE: ORDINANCE ADOPTING LOGISTICS USE FACILITIES

MITIGATION MEASURES NEGOTIATED WITH THE
CALIFORNIA ATTORNEY GENERAL’S OFFICE
(PEN26-0055)

TITLE SUMMARY: Ordinance Adopting Logistics Use Facilities Mitigation Measures Negotiated with the California Attorney General’s Office (PEN26-0055)

DISTRICT: All Districts

SUMMARY

This Supplemental Staff Report describes additional revisions recommended and discussed with Mr. George Hague (who is associated with the Sierra Club) and representatives of the Center for Community Action and Environmental Justice , after May 28, 2026.

BACKGROUND

As directed by the City Council at the conclusion of the April 21, 2026 City Council Public Hearing, staff was directed to hold a Community Workshop (Workshop) to solicit input from residents and other stakeholders regarding the proposed mitigation measures negotiated with the California Attorney General’s Office between November 2025 and April 2026 . These recommended revisions from the Community Workshop were incorporated into the draft redlined Ordinance (dated May 28, 2026), which was submitted to the Planning Commission at the May 28, 2026, Planning Commission Public Hearing . The May 28 redlined Ordinance was continued to June 11, 2026, to provide the Planning Commission with sufficient time to review the recommended revisions. However, after May 28 , Mr. Hague and Ms. Tatiana Flores of the Center for Community Action and Environmental Justice separately requested to meet with the 582

ID: [Report Number] Page 2
City Attorney to review the proposed revisions to the Logistics Facilities Mitigation Measures, which were submitted by the Community Workshop attendees. As such, the City Attorney met separately with representatives of the Center for Community Action and Environmental Justice and Mr. Hague on June 9 and June 9 and 10, respectively.

As a result, additional recommended revisions were requested, which the City Attorney memorialized in the context of the attached redline of the Logistics Facilities Mitigation Measures Ordinance, dated June 25, 2026, for easy reference purposes.

Set forth below are the recommended revisions that were discussed with Mr. Hague and Ms. Flores of the Center for Community Action and Environmental Justice, and the City Attorney after May 28, It is worth noting that these recommended revisions have not yet been reviewed and approved by the Attorney General’s Office.

1,000 FEET SEPARATION

The following revision explicitly provides that no logistic warehouse facility shall be located within 1,000 feet of any sensitive receptor measure from property line to property line. A similar provision was also added to the Setback section of the ordinance.

C. Location

No logistics use development, logistics use facility, logistics use park, or expanded logistics use facility developed under the 2024 GPU shall be located within 1,000 feet from any sensitive receptors, measured between the property line of the logistics use development, logistics use facility or logistics use park and the property line of the respective sensitive receptor.

APPLICABILITY

The following rev ision clarifies that the mitigation measures apply to a) proposed logistics use facilities, b) logistics use developments, and c) expanded logistics use facilities developed under the 2024 General Plan Update (also known as “MoVal 2040 General Plan”) and as defined under Assembly Bill 98 (AB 98) and Senate Bill 415 (SB 415). MoVal 2040 General Plan took effect on April 21, 2026. As such, any new logistics use facilities/developments proposed on or after April 21, 2026, would be subject to these proposed mitigation measures.

Purpose. The purpose of this section is to implement certain mitigation measures, that exceed the basic development and operational standards of Assembly Bill 98 (AB 98) and Senate Bill 415 (SB 415), negotiated with the California Attorney General’s Office, to address air quality impacts of proposed logistics use facilities , logistics use developments, or expanded logistics use facilities (as defined under AB 98 /SB 415 ) 583

ID: [Report Number] Page 3
developed under the 2024 General Plan Update (also known as “MoVal 2040 General Plan”), for purposes of settling a dispute between the City of Moreno Valley and the California Attorney General’s Office regarding compliance with the Peremptory Writ of Mandate and Statement of Decision issued by Riverside County Superior Court in Case No.

CVRI2103300.

COOL ROOFING

The following revision provides a definition of “cool roofing,” which is a required design standard for all new logistics facilities.

Cool roofing: shall mean the use of roofing material designed to reflect more sunlight than a conventional roof, absorbing less solar energy, that has a solar reflective index of at least 78, as determined by the California Energy Commission’s latest version of the Building Energy Efficiency Standards in effect at the time.

In addition, the following revision speci fically identifies where cool roofing shall be installed.

Cool roofing material shall be used or installed in areas of the roof that do not contain solar panels, sky lights, HVAC systems, or other essential fixtures and equipment.

Considerations:

The California Energy Commission's Building Energy Efficiency Standards are model code publications and are not enforceable until adopted by the State of California. References should instead be made to the adopted California Energy Code.

The definition should be revised as follows:

Cool Roof – A roofing material with high thermal emittance and high solar reflectance, or low thermal emittance and exceptionally high solar reflectance, as specified in the adopted California Energy Code (CCR Title 24, Part 6), that reduces heat gain through the roof.

Additionally, the requirement for a minimum Solar Reflectance Index (SRI) of 78 should be reconsidered. Cool roof requirements vary based on occupancy, roof type, climate zone, and compliance method under the adopted California Energy Code.

For example, Moreno Valley is located in Climate Zone 10, where certain low - sloped roof assemblies are required to have a minimum aged SRI of 75. 584

ID: [Report Number] Page 4
Therefore, a fixed SRI value should not be specified unless supported by the adopted California Energy Code. SRI values may change or become more restrictive with future adoptions of the new versions of Calif Energy Codes.

COOL CONCRETE

It was recommended that concrete flatwork also have a low solar reflective index.

Parking lots, onsite drive aisles, streets, sidewalks and other onsite internal concrete flatwork intended for use by vehicles or pedestrians shall have a solar reflective index of at least 29 as determined by the California Energy Commission’s latest version of the Building Energy Efficiency Standards in effect at the time.

EXPANSION & CUBIC FOOTAGE

Since the mitigation measures will also apply to “expanded logistics use facilities,” it was suggested that “expansion” be defined to include not only “square footage,” but also “cubic footage.” As such, it was recommended that the following definitions be included in the ordinance.

“Cubic footage” shall mean the volume of a cube with sides of one foot in length.

“Expansion” and “expanded” means the enlargement or expansion of an existing logistics use facility by 20 percent or more of the existing square footage or cubic footage . Office space shall not be included as part of the existing square footage or cubic footage or in the square footage or cubic footage for the 20 -percent enlargement or expansion threshold.

Considerations

AB 98 (and further clarified by SB 415) provides a specific definition on “expansion,” which recognizes the 20% threshold of the existing square footage of the logistics use facility as a trigger to require the proposed mitigation measures. However, AB 98 /SB 415 does not use “cubic footage” as a metric of expansion. Per AB 98 /SB 415 , “Expansion” means an increase in size of an existing logistics use development by 20% or more of the existing square footage. Office space shall not be included as part of the existing square footage or in the square footage for the 20% threshold.

Square footage and cubic footage are two very different metrics that need to be clearly specified on the language above. Consider utilizing the same definition set forth in AB 98/SB 415 for consistency with State Law.
585

ID: [Report Number] Page 5

DIESEL GENERATORS

The following revision clarifies that diesel generators shall not be used at any time except in emergencies. A definition of “diesel generators” is also being recommended as set forth below.

1. Diesel generators.

No diesel generators shall be used or operated at any time, including during construction, except in emergencies or where no feasible alternative power source exists.

“Diesel generators” shall mean any device or equipment powered by diesel fuel or any other petroleum product that is used to provide a source of electrical energy to operate any other device or equipment in lieu of utilizing a direct electrical current.

LIFETIME MAINTENANCE OF EQUIPMENT, DEVICES AND FIXTURES

It was recommended that all required equipment, devices and fixtures should remain in good working condition and properly maintained during the lifetime of the facility. As such, the following provision was added as a recommended revision.

2. Equipment, devices and fixtures

All equipment, devices and fixtures required to be installed pursuant to this chapter shall remain operable, in good working condition and properly maintained throughout the time the logistics use facility remains open and operable.

SETBACKS

It was recommended that the 20 foot setback for all sides of the facility be extended to 50 feet if the side is being used for vehicular access or vehicular parking. The purpose is to accommodate truck cu eing/stacking and to provide sufficient space for parking beyond 20 feet.

Front setback – minimum 20 feet from logistics use development , logistics use facility, logistics use park or expanded logistics use facility property line if not used for vehicular access or vehicular parking. If the front side is used for vehicular access or vehicular parking, the front setback shall be at least 50 feet.

Side setback – minimum 20 feet from logistics use development , logistics use facility, logistics use park or expanded logistics use 586

ID: [Report Number] Page 6
facility property line if not used for vehicular access or vehicular parking. If any side is used for vehicular access or vehicular parking, the side setback shall be at least 50 feet.

Rear setback – minimum 20 feet from logistics use development , logistics use facility, logistics use park or expanded logistics use facility property line if not used for vehicular access or vehicular parking. If the rear side is used for vehicular access or vehicular parking, the rear setback shall be at least 50 feet.

Consideration:

Logistics use developments are already required to provide setbacks that accommodate for adequate vehicle and truck circulation, turning radius, and stacking, as reviewed and approved per City Standards.

LOUNGE

It was recommended that the lounge include cold water drinking fountains that are equipped to fill reusable drinking water containers.

Provide a lounge for truck drivers, employees and contractors of the logistics use facility and other permitted invitees, with a minimum floor area of 400 square feet, equipped with restroom facilities, seating, cold water drinking fountains which are also equipped to fill reusable individual drinking water containers, vending machines, heating and air conditioning, and increase the lounge area by 50 square feet for each additional 100,000 square feet of building area, up to a maximum of 1,000 square feet.

LANDSCAPE BUFFER

It was recommended that the landscape buffer be installed along the entire perimeter of the facility with its own dedicated irrigation system. If this is approved, then it should come with the caveat that it not interfere with emergency access.

Buffer areas shall include a solid wall and/or a landscaped berm of at least 15 feet in height, that includes drought tolerant natural ground landscaping with proper and a dedicated irrigation system, and solid - screen buffering trees and may include other hardscape, access, and passenger vehicle parking improvements.

ID: [Report Number] Page 7
evergreen, drought tolerant, to the extent feasible, composed of species with low biogenic emissions, of a minimum 36 -inch box size at planting which are capable of growing to a height of at least five feet above the logistics use facility’s closest building or structure, and spaced at no greater distance than 30 40 feet on center , with its own proper and dedicated irrigation system . Palm trees shall not be utilized and all dead or dying trees shall be immediately replaced with the same species of variety. The buffer area may include any landscaped areas within a public right -of-way or public or private pedestrian walkways , provided they do not conflict with any emergency access as determined by the Fire Department or Police Department.

ELECTRICAL VEHICLE CHARGERS

It has been recommended that EV conduits support fast charging stations of Level 2 or faster.

In no case shall less than a A minimum of 50 percent of all passenger vehicle parking spaces shall be preinstalled with conduit and all necessary physical infrastructure to support future Level 2 (or faster) electric vehicle charging stations for charging of electric vehicles.

In no case shall less than a A minimum of 15 percent of all passenger vehicle parking spaces installed with shall include Level 2 (or faster) electric vehicle charging stations for charging electric vehicle s charging stations.

The California Green Building Standards Code (CALGreen) establishes mandatory minimum requirements for EV Capable, EV Ready, and EV Charging spaces and also provides optional Tier 1 and Tier 2 measures that jurisdictions may voluntarily adopt to increase EV infrastructure requirements.

As currently drafted, the proposed Passenger Vehicle Infrastructure standard exceeds both the State's mandatory requirements and the highest voluntary Tier 2 measures. For example, the proposed standard would require Level 2 charging stations to be installed for 15% of all parking spaces, whereas the CALGreen Tier 2 voluntary provisions require only one (1) Level 2 charging station for a comparable development. This level of infrastructure goes beyond what California has identified as an enhanced voluntary performance standard and may impose significant additional costs on development without a corresponding demonstrated benefit.

Consideration should be given to aligning the requirement more closely with the State's established standards to balance EV infrastructure objectives with reasonable development costs and with the economic realities of development.

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TRUCK LOADING BAYS AND TRUCK REFRIGERATION UNITS

It has been recommended that the truck bays which must have TRU plug -ins also be equipped to provide auxiliary power for trucks.

All logistics use facility projects shall provide at all truck loading bays dock doors fully functional TRU plug -ins or similar electrical hookups which also provide electrical power to a truck’s electrical auxiliary power unit that allows the truck operator to use any electrical systems or devices such as, but not limited to, the truck’s interior cooling and heating systems, radios, mobile phones, computers and other personal electrical devices without the need to turn on or use any engine components powered by diesel fuels or other
combustible petroleum products, at all truck loading bays / dock doors, which shall be properly maintained and remain good operational condition at all times during the operation of the respective logistics use facility.

ZERO EMISSION EQUIPMENT

It has been recommended that all equipment, and not just forklifts, be zero emission by 2028.

The logistics use facility operator shall ensure all classes of forklifts , yard vehicles and equipment used on site shall be zero -emission by January 1, 2028, to the extent operationally feasible, commercially off -the-shelf available, and adequate power available on site.

TRANSIT ROUTE INFORMATION AND ZERO-EMISSION PARKING & SIGNAGE

It has been recommended that employees be provided with the most current transit route information and there be designate zero emission parking with proper signage.

Provide employee s with the most current transit route information and designate a minimum of fifty percent (50%) of the total on -site parking spaces for any combination of zero -emission vehicles, fuel -efficient vehicles, and carpool/vanpool vehicles. Proper signage shall be placed in conspicuous locations identifying the location of the parking designated for on -site parking for zero -emission vehicles, fuel - efficient vehicles, and carpool/vanpool vehicles.

All facilities shall provide workers with secure storage facilities for bikes and other similar mobility devices with adequate electrical outlets and on - 589

ID: [Report Number] Page 9
site meals or lunch shuttle programs. Facilities shall also provide employees workers with the most curren t transit route information and incentives to carpool, such as dedicated carpool parking spaces. Such information shall also be posted in the same manner and area where mandatory employee and labor notices must be physically posted pursuant to state and federal laws and regulations , and remains legible, in good condition and properly maintained during the time the facility remains open and operable . All facilities shall maintain a lounge for truck operators with amenities including restrooms, continuously stocked vending machines, sufficient electrical outlets for computers, mobile phones and other similar devices, and air conditioning to reduce the need for additional truck trips to find these services elsewhere.

Considerations:

Signs must be consistent with City of Moreno Valley’s Sign Code, per Chapter 9.12 of the Zoning Code.

IDLING & SIGNAGE
It has been recommended that idling restrictions and complaint signs be p osted in conspicuous locations so that they are easily visible.

Anti-idling signs informing truck drivers of the maximum indicating a three-minute heavy-duty truck engine idling restriction shall be posted at logistics use facilities along entrances to the site and at the dock doors / truck loading bays. The signs should include the SCAQMD complaint line, which shall be placed at a location conspicuously visible from any adjacent public right -of way and to truck drivers upon entering the facility from any adjacent public right-of-way.

Considerations:

Signs must be consistent with City of Moreno Valley’s Sign Code, per Chapter 9.12 of the Zoning Code.

ABATEMENT FUND CPI INCREASES

It has been requested that the $1,5 00 initial abatement fund fee be subject to automatic CPI increases.

Prior to issuance of the first certificate of occupancy, a logistics use facility project applicant shall pay a one -time air quality abatement fee of $1,500, as adjusted , for each estimated daily truck trip into a city -designated Heating, Ventilation, and Air Conditioning (HVAC) and Air Filtration Abatement Fund, which shall be used to subsidize affixed permanent air filtration system and/or HVAC systems with a SEER rating of at least 19 590

ID: [Report Number] Page 10
with a 10 year maintenance agreement for any existing structures constituting or situated within a the nearest sensitive receptor to the property line of the proposed logistics use facility and any existing structures constituting or situated within the nearest sensitive receptor situated from the center line of any designated truck route utilized by any trucks which will service the subject logistics use facility. The abatement fee shall be subject to adjustments annually for any increase in the consumer price index based on the Consumer Price Index for All Urban Consumers (CPI -U) for Riverside -San Bernardino - Ontario area.

TRAINING PROGRAMS

It has been recommended that the training program for managers and employees be provided periodically every three years.

All logistics facilities shall implement training programs for all new managers and new employees on efficient scheduling and load management to minimize truck queuing and idling , which shall be provided every three years to all managers and employees during their term of employment.

591

1 ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY, CALIFORNIA, AMENDING CHAPTER 9.05
(INDUSTRIAL DISTRICTS) OF TITLE 9 (PLANNING AND
ZONING) TO ADD SECTION 9.05.060 (LOGISTICS USE

FACILITIES MITIGATION MEASURES)

WHEREAS, the City of Moreno Valley ("City") is a general law city and a municipal corporation of the State of California, and

WHEREAS, in 2019, the Moreno Valley City Council (“City Council”) authorized staff to prepare a comprehensive update to the City’s 2006 General Plan, which included adding two new State -mandated General Plan Elements and preparing various associated documents, including but not limited to a Climate Action Plan; and

WHEREAS, on June 21, 2022, the California Attorney General intervened in the CEQA Case, and on July 11, 2022, filed a Petition for Writ of Mandate -in-Intervention against the City; and

WHEREAS, the Court Ruling granted the petition, albeit the scope of the Court Ruling was limited to the issues of: 1) baseline (existing conditions analysis), 2) air quality, 3) climate change (GHG [greenhouse gas] emissions), and 4) energy use, and rejected and denie d the Sierra Club’s arguments regarding the issues of land use analysis and zoning; and

WHEREAS, the Court Ruling specifically identified that the 2021 GPU FEIR was deficient for the following reasons:

• Baseline: The baseline used in the 2021 GPU FEIR failed to describe the 2021 GPU Project’s environmental impacts as they existed at the time that the notice of preparation of the 2021 GPU Draft EIR was published. 592

WHEREAS, the contract with Kimley -Horn and Associates also required Kimley - Horn and Associates to assist the City with conducting the necessary environmental analysis of the 2024 GPU, 2024 CAP and 2024 GPU’s associated Zoning Text and Zoning Atlas Amendment (coll ectively, the “2040 MoVal Project”) pursuant to CEQA and the CEQA Guidelines, which resulted in the preparation of the 2024 Revised Draft Environmental Impact Report (“2024 RDEIR”) that was circulated for the State mandated 45-day public review period, com mencing July 14, 2025, through August 21, 2025, and which was sent to all required State and local agencies, interested parties, and those who commented on the Notice of Preparation, and was posted on the City’s website; and

593

3 WHEREAS, AB 98 provides that “Sensitive receptors” include one or more of the following: (1) a residence, including, but not limited to, a private home, apartment, condominium unit, group home, dormitory unit, or retirement home; (2) a school, including, but not limited to, a preschoo l, prekindergarten, or school maintaining kindergarten or any of grades 1 to 12, inclusive; (3) a daycare facility, including, but not limited to, in -home daycare; (4) publicly owned parks, playgrounds, and recreational areas o r facilities primarily used by children, unless the development of the park and recreation areas are included as a condition of approval for the development of a logistics use; (5) nursing homes, long -term care facilities, hospices, convalescent facilities , or similar live-in housing; and (6) hospitals, as defined in Section 128700 of the Health and Safety Code; and

• Setbacks: All warehouse projects developed under the 2024 GPU shall be located at least 1,000 feet from sensitive receptors.

• Wall: All logistics use facility projects shall include a solid wall and/or a landscaped berm of at least 15 feet in height, separating the project and nearby sensitive receptors.

• Tree Cover: All logistic facility projects shall ensure that the project parking lots have at least 35 percent of the tree shade cover within 15 years of commencement of operations

• Construction Equipment and Generators: All warehouse projects developed under the 2024 GPU shall utilize zero emission construction equipment and charging infrastructure for that equipment. When zero emission options are infeasible, the facility may only u tilize equipment certified under California Air Resources Board (CARB) Tier 4 and use of low -polluting fuels (e.g., low NO X diesel). Diesel generators shall be used only in cases of emergencies, limiting idling to 3 minutes, and prohibiting grading on day where the air quality index was over 100.

• Air Filtration Abatement Fund: The City shall create an abatement fund for subsidizing air filtration and/or HVAC systems for residents within 1,000 feet of any warehouse or truck route, thereby abating air quality impacts for the most impacted sensitive r eceptors. The City may choose to administer abatement fund or designate its administration to a third party which will require an 594

• Heavy-Duty Truck Minimum Model Year: All warehouse projects developed under the 2024 GPU shall utilize trucks with a minimum 2014 model year by 2027.

• Yard Equipment: All warehouse projects developed under the 2024 GPU shall use 100% ZEV for forklifts, yard trucks, and other on-site equipment.

• Idling Limits: All warehouse projects developed under the 2024 GPU shall have signage noting a 3-minute idling limit and include the SCAQMD complaint line to submit idling complaints.

• Construction Equipment and Operations: All warehouse projects developed under the 2024 GPU shall take steps to control construction emissions, including using zero emission construction equipment where feasible, and requiring facility operators to provide charging equipment for electric construction equipment to facilitate their use. However, where zero -emission equipment is infeasible, the facility shall use equipment certified to CARB Tier 4 and use of low -polluting fuels (e.g., low NO X diesel). All cons truction equipment idling shall be limited to 3 minutes and all smaller equipment, including hand tools and power washers, shall be zero emission. In addition, grading operations shall be prohibited on days with an Air Quality Index greater than 100.

• Generators: All warehouse projects developed under the 2024 GPU shall be prohibited from using diesel except for emergencies.

• Worker Transit Programs: All warehouse projects developed under the 2024 GPU shall provide workers with secure storage facilities for bikes and other 595

5 similar mobility devices with adequate electrical outlets and on -site meals or lunch shuttle programs. Facilities shall also provide workers with transit route information and incentives to carpool, such as dedicated carpool parking spaces. Such information shall also be posted in the same manner and area where mandatory employee and labor notices must be physically posted pursuant to state and federal laws and regulations . All facilities shall maintain a lounge for truck operators with amenities including restrooms, continuously stocked vending machines, sufficient electrical outlets for compute rs, mobile phones and other similar devices, and air conditioning to reduce the need for additional truck trips to find these services elsewhere.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY DOES ORDAIN AS FOLLOWS:

Section 1. RECITALS

The above recitals are true and correct and are incorporated herein as though set forth at length herein.

Section 2. AUTHORITY

Section 3. PURPOSE

6 of Mandate and Statement of Decision issued by Riverside County Superior Court in Case No. CVRI2103300.

Section 4. LOGISTICS USE FACILITIES MITIGATION MEASURES

CHAPTER

Chapter 9.05 (Industrial Districts) of Title 9 (Planning and Zoning) of the Moreno Valley Municipal Code is hereby amended to add Section 9.0 5.060 (Logistics Use Facilities Mitigation Measures) as follows:

§ 9.05.060 Logistics Use Facilities Mitigation Measures

A. Purpose. The purpose of this section is to implement certain mitigation measures, that exceed the basic development and operational standards of Assembly Bill 98 and Senate Bill 415, negotiated with the California Attorney General’s Office, to address air quality impacts of proposed logistics use facilities , logistics use developments, or expanded logistics use facilities developed under the 2024 General Plan Update (also known as “MoVal 2040”) , for purposes of settling a dispute between the City of Moreno Valley and the California Attorney General’s Office regarding compliance with the Peremptory Writ of Mandate and Statement of Decision issued by Riverside County Superior Court in Case No. CVRI2103300.

B. Definitions. For the purpose of this section, unless the context clearly requires otherwise, the words and phrases used herein shall have the following meanings:

7 e. Has a minimum of 50 percent of all passenger vehicle parking spaces preinstalled with conduit and all necessary physical infrastructure to support future charging of electric vehicles.
f. Has a minimum of 10 percent of all passenger vehicle parking spaces installed with electric vehicle charging stations.
g. Provides conduits and electrical hookups at all loading bays serving cold storage.
i.Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay and sufficient power is available.
h. Ensures that any heating, ventilation, and air -conditioning is high - efficiency.
i. Ensures that all classes of forklifts used on site, pursuant to the State Air Resources Board’s Zero-Emission Forklifts regulation, as drafted, shall be zero-emission by January 1, 2028, to the extent operationally feasible, commercially off-the-shelf available, and adequate power available on site. i. If not operationally feasible, commercially off -the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
ii. Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
j. Ensure that equipment used on site utilizing small off -road engines shall be zero -emission, to the extent operationally feasible, commercially off - the-shelf available, and adequate power available on site. i. If not operationally feasible, commercially off -the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
ii. Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.
iii. Should any equipment used on site utilizing small off -road engines be contracted out, the logistics use facility shall preferentially contract for services utilizing zero-emission small off-road engines.

“Cool roofing: shall mean the use of roofing material designed to reflect more sunlight than a conventional roof, absorbing less solar energy, that has a solar reflective index of at least 78, as determined by the California Energy Commission’s latest version of the Building Energy Efficiency Standards in effect at the time.

“Cubic footage” shall mean the volume of a cube with sides of one foot in length.

“Expansion” and “expanded” means the enlargement of expansion of an existing logistics use facility by 20 percent or more of the existing square footage or cubic footage. Office space shall not be included as part of the existing square 598

8 footage or cubic footage or in the square footage or cubic footage for the 20- percent enlargement or expansion threshold.

“Logistics use development” or “logistics use facility” means a building(s)primarily used as a warehouse for the movement or the storage of cargo, goods, or products that are moved to business or retail customers, or both, that does not predominantly serve retail customers for onsite purchases, and heavy-duty trucks are primarily involved in the movement of the cargo, goods, or products.
a. “Logistics use development” or “logistics use facility” does not include any of the following:
i. Facilities where food or household goods are sold directly to consumers and are accessible to the public.
ii. A building primarily served by rail to move cargo goods or products. iii. A Strategic Intermodal Facility. For purposes of this chapter, “Strategic Intermodal Facility” means a project that satisfies all of the following requirements:
(A) Logistics facilities, including warehousing and transloading facilities, served by rail.
(B) Intermodal freight transport services.
(C) All facility structures and related rail operations are located within a single site footprint.
iv. A building that serves a primary agricultural use that is actively operated for a single period of 90 consecutive days or less each year.

“Logistics Park” means a logistics use facility that includes multiple logistic use facility buildings.

9 d. Publicly owned parks, playgrounds, and recreational areas or facilities primarily used by children. For purposes of this chapter, the following types of park and recreation areas shall not be considered a sensitive receptor:
(i) Parks and recreation areas included as a condition of approval for the logistics use development; (ii) Land that will be used to ensure the public’s right of access to the sea, or other public access, pursuant to the California Coastal Act of 1976 (Division 20 (commencing with Sect ion 30000) of the Public Resources Code) or McAteer-Petris Act (Title 7.2 (commencing with Section 66600)); and (iii) Land developed at or adjacent to an airport or seaport for the express purpose of creating a buffer area between sensitive receptors and an airport or seaport facility.
e. Nursing homes, long-term care facilities, hospices, convalescent facilities, or similar live-in housing.
f. Hospitals, as defined in Section 128700 of the Health and Safety Code.

“Small off -road engines” means spark -ignition engines rated at or below 19 kilowatts or 25 horsepower or less.

“Stacking Depth” means the length of on -site driveway or internal circulation space located between the property line and the entry point to a truck court or loading area that is designed to accommodate queued trucks.

“Transportation Refrigeration Unit (TRU)” means a self-contained refrigeration system mounted on or integrated into a truck, trailer, or container that is used to maintain temperature-controlled conditions for perishable goods during transport.

“Transportation Refrigeration Unit (TRU) Plug -in” means a permanently installed electrical outlet, connector, or interface located at a dock door and designed to supply electric power to a transportation refrigeration unit.

C. Location

600

10 No logistics use development, logistics use facility , logistics use park , or expanded logistics use facility developed under the 2024 GPU shall be located within 1,000 feet from any sensitive receptors, measured between the property line of the logistics use development, logistics use facility or logistics use park and the property line of the respective sensitive receptor.

D. Applicability

1. The provisions of this chapter shall not apply under the following circumstances a. A proposed logistics use facility that meets the following conditions:
i. The proposed logistics use facility is a mixed -use development that proposes the development, construction or establishment of a sensitive receptor on the site of the proposed logistics use facility. ii. There are no existing sensitive receptors within 1,000 feet of any proposed truck loading bay within the proposed logistics use facility. b. The logistics use facility had a complete application submitted to the city for consideration on or prior to September 30, 2024.
c. The city’s approval of the logistics use facility occurred prior to October 3, 2025.
i. For purposes of this section, “approval” shall have the same meaning as is set forth in subdivision (a) of Section 15352 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations. d. Nothing in this section shall be construed to supersede mitigation measures required by the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

2. New Sensitive Receptors
a. i. Notwithstanding any other law, except as provided in California Government Code Section 65098.1.6, any existing logistics use facility in existence as of September 30, 2024, shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of California Government Code Section 65098.1, as applicable, if a new sensitive receptor is constructed, established, or permitted after October 3, 2025.
ii. Notwithstanding any other law, except as provided in California Government Code Section 65098.1.6, if by September 30, 2024, a proposed expansion of a logistics use facility is in a local entitlement process, then the proposed expansion shall not be subjec t to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of California Government Code Section 65098.1, as applicable, if a sensitive receptor is constructed, est ablished, or permitted after October 3, 2025.
iii. Notwithstanding any other law, except as provided in California Government Code Section 65098.1.6, if by September 30, 2024, a property is currently in a local entitlement process to become a 601

11 logistics use facility, then the proposed logistics use facility shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of California Government Co de Section 65098.1, as applicable, if a sensitive receptor is constructed, established, or permitted after October 3, 2025.
b. i. Any proposed new logistics use facility that requires the rezoning of land and must undergo the city’s land use development entitlement process shall not be subject to the requirements described in paragraph (3) of subdivision (a) of, paragraph (3) of sub division (b) of, or paragraph (3) of subdivision (c) of California Government Code Section 65098.1, as applicable, if the start of the entitlement process for the logistics use facility began before any sensitive receptor started its own entitlement or permitting process, unless the proposed sensitive receptor was an existing allowable use according to local zoning regulations.
ii. During a logistics use facility’s entitlement process for a new or expanded logistics use facility, if a new sensitive receptor is proposed or established within the distances required by paragraph (3) of subdivision (a) of, paragraph (3) of subdivision (b) of, or paragraph (3) of subdivision (c) of California Government Code Section 65098.1, as applicable, then those distance requirements shall not apply to the logistics use facility so long as the logistics use facility was not already subject to those requirements prior to the new sensitive receptor being proposed or established.
c. The protection afforded by this section shall remain in effect from the time of the initial application submission through the completion of the entitlement process, including any necessary rezoning actions and through the development period. If no constru ction activity occurs within five years of entitlement approvals, the protections shall be waived.

3. Equipment, devices and fixtures

4. Diesel generators.

No diesel generators shall be used or operated at any time, including during construction, except in emergencies or where no feasible alternative power source exists.

D. Logistics Use Facility Development and Design Standards

1. General Requirements
602

12 a. TABLE 9. 05.060 Logistic Use Facility Development Standards provides the general requirements for all development of logistics use facilities regardless of size in the city.
b. The industrial development standards of Title 9 shall apply to all logistics use facilities, unless otherwise specifically provided in this chapter.

TABLE 9.05.060
Logistic Use Facilities Development Standards

Category Standard

Building Setbacks
No logistics use development, logistics use facility , logistics use park , or expanded logistics use facility developed under the 2024 GPU shall be located within 1,000 feet from any sensitive receptors, measured between the property line of the logistics use development, logistics use facility or logistics use park and the property line of the respective sensitive receptor.

Front setback – minimum 20 f eet from logistics use development, logistics use facility, logistics use park or expanded logistics use facility property line if not used for vehicular access or vehicular parking . If the front side is used for vehicular access or vehicular parking , the fron t setback shall be at least 50 feet.

Side setback – minimum 20 f eet from logistics use development, logistics use facility, logistics use park or expanded logistics use facility property line if not used for vehicular access or vehicular parking. If any side is used for vehicular access or vehicular parking, the side setback shall be at least 50 feet.

Rear setback – minimum 20 f eet from logistics use development, logistics use facility, logistics use park or expanded logistics use facility property line if not used for vehicular access or vehicular parking. If the rear side is used for vehicular access or vehicular parking , the rear setback shall be at least 50 feet.

13 Category Standard
Cool roofing material shall be used or installed in areas of the roof that do not contain solar panels, sky lights , HVAC systems, or other essential fixtures and equipment.

Skylights shall be provided in at least one percent of the roof area, or equivalent LED efficient lighting.

Design and construct roofs to facilitate the maximum future installation of rooftop solar photovoltaic (PV) systems.

Provide a lounge for truck drivers, employees and contractors of the logistics use facility and other permitted invitees, with a minimum floor area of 400 square feet, equipped with restroom facilities, seating, cold water drinking fountains, vending machines, heating and air conditioning, and increase the lounge area by 50 square feet for each additional 100,000 square feet of building area, up to a maximum of 1,000 square feet.

Provide on-site meals or a lunch shuttle to nearest area with at least one restaurant or fast-food place for workers in the logistic facility.

High-efficiency heating, ventilation, and air-conditioning systems shall be utilized.

LEED Silver or equivalent performance approved by a LEED certified professional.

Buffers (Sensitive
Receptor)
Any new logistics use facility, logistics use development, logistics use park or expanded logistics use facility which shall not be located within 1,000 feet of a sensitive receptor , shall have a buffer that is a minimum of 100 feet in width measured from the property line of any adjacent public right-of-way.

Buffer areas shall include a solid wall and/or a landscaped berm of at least 15 feet in height, that includes drought tolerant natural ground landscaping with proper and a dedicated irrigation system, and solid -screen buffering trees and may include other hardscape, access, and passenger vehicle parking improvements.

Trees shall be used as part of a solid-screen buffering treatment and planted in two staggered rows along the length of the property line along the entire perimeter of any new logistics use facility, logistics use development, logistics use park or expanded logistics use facility adjacent to a sensitive receptor. Trees used for this purpose shall be evergreen, drought tolerant, to the extent feasible, composed of species with low biogenic emissions, of a minimum 36 -inch box size at planting which are capable of growing to a height of at least five feet above the logistics use facility’s closest building or structure , and spaced at no greater distance than 40 feet on center, with its own proper and dedicated irrigation system. Palm trees shall not be utilized and all dead or dying trees shall be immediately replaced with the same species of variety . The buffer area may include any landscaped areas within a public right-of-way or public or private pedestrian walkways, provided they do not conflict with any emergency access as determined by the Fire Department or Police Department.

Orient truck loading bays on the side of the logistics use facility that is furthest away from the nearest sensitive receptor, to the extent feasible.

Location (Roadways)(1)
Any new logistics use facility shall be sited on roadways that meet the following classifications:
• Arterial roads.
• Collector roads.
• Major thoroughfares.
604

14 Category Standard
• Local roads that predominantly serve commercial, agricultural, or industrial uses.

Site Access and
Circulation
Provide a separate entrance to the logistics use facility or logistics park for heavy - duty trucks accessible via a truck route, arterial road, major thoroughfare, or a local road that predominantly serves commercial, agricultural, or industrial uses. A separate entrance for heavy -duty trucks may include a drivewa y with a lane dedicated to heavy-duty trucks and a lane dedicated to automobiles.

Locate truck entry, exit, and internal circulation away from any public street or roadway which is not designated by ordinance as an official truck route. Heavy-duty diesel truck drive aisles shall be prohibited from being used on sides of the logistics use facility that are directly adjacent to any public street or roadway which is not designated by ordinance as an official truck route.

Landscape Design
Standards
Landscaped front setback
Minimum 35% tree shade for parking lots reserved for the parking of traditional passenger vehicles (15-Year establishment period from issuance of first Certificate of Occupancy; Demonstrated in Plan Check Submittal) Passenger Vehicle
Charging
Infrastructure
All passenger vehicle charging infrastructure shall be installed in compliance with the California Green Building Code Sections A5.106.5.3 Electric Vehicle (EV) Charging. [N] (2); A5.106.5.3.3 Tier 2 (3); and Section A5.106.5.3.4 Tier 2 Electric Vehicle Charging Stations (EVCS) —Power Allocation Method (4) or equivalent i n effect at the time of issuance of the requisite building permit.

In no case shall less than a A minimum of 1 5 percent of all passenger vehicle parking spaces installed with shall include Le vel 2 (or faster) electric vehicle charging stations for charging electric vehicles charging stations.

Truck Charging
Infrastructure
All logistics use facilities shall be equipped with EV -ready conduits for each truck door or parking space with at least 50 percent of those installed with fast chargers.

Transportation
Refrigeration Units
(TRU)
All logistics use facility projects shall provide at all truck loading bays / dock doors fully functional TRU plug -ins or similar electrical hookups which also provide electrical power to a truck’s electrical auxiliary power unit that allows the truck operator to use any electrical systems or devices such as, but not limited to, the truck’s interior cooling and heating systems, radios, mobile phones, computers and other personal electrical devices without the need to turn on or use any engine components powered by diesel fuels or other combustible petroleum products, at all truck loading bays / dock doors, which shall be properly maintained and remain good operational condition at all times during the operation of the respective logistics use facility.

Idling or use of auxiliary truck engine power to power climate control equipment shall be prohibited if the truck is capable of plugging in at the loading bay and sufficient power is available.

Operational Emission
Controls
The logistics use facility operator shall ensure all classes of forklifts, yard vehicles and equipment used on site shall be zero -emission by January 1, 2028, to the 605

15 Category Standard
extent operationally feasible, commercially off -the-shelf available, and adequate power available on site.
• If not operationally feasible, commercially off -the-shelf available, or if there is inadequate power available on site, the cleanest technology commercially available shall be used.
• Cost shall not be a factor in determining operational feasibility pursuant to this subparagraph.

On site e quipment utilizing small off -road engines shall be zero -emission, if commercially off-the-shelf available, and there is adequate power available on site. • If it is not operationally feasible to utilize small off-road zero-emission engines as determined by the city based on credible evidence provided by the logistics use facility operator , or sm all off -road zero -emission engine s are not commercially off -the-shelf available, or if there is not inadequate power available on site, the cleanest technology commercially available shall be used. • Costs incurred by the logistics use facility operator shall not be a factor in determining operational feasibility.

The logistics use f acility operator shall ensure that any equipment used on site utilizing small off-road engines by contractors also conforms to the same standards.

All trucks stored on-site as part of a facility’s fleet shall have a model year of at least 2017 or newer by 2027, after which all trucks stored on -site as part of a facility’s fleet shall be replaced every two years with the latest model year which meets the California Air Quality Board (CARB) clean truck standards in effect thereafter.

Bicycle Parking
Provide bicycle parking equal to five percent of the required automobile parking spaces, with a minimum of two bicycle parking stalls. At least 50 percent of required bicycle parking spaces shall be equipped with electrical outlets suitable for electric bicycle charging.

Logistics use facility operators shall establish and submit for approval by the Community Development Director a truck routing plan to and from the state highway system based on the latest truck route map of the city. The truck routing plan shall describe the operational charact eristics of the logistic use and of the logistics use facility operator, including, but not limited to, hours of operation, types of items to be stored within the building, and proposed truck routing to and from the logistics use facility to designated truck routes that, to the greatest extent possible, avoid passing sensitive receptors. The truck routing plan shall include signage and pavement markings, and queuing analysis for preventing truck queuing, circling, stopping, and parking on p ublic streets. The logistics use facility operator shall be responsible for communication of the truck routing plan internally and to external parties who may dispatch trucks to the logistics use facility.

Mounted signage standards
• Shall be bilingual (English and Spanish);
606

16 Category Standard
• Constructed of permanent, durable, weather -proof materials that are maintained in a condition throughout the lifetime of respective logistics use facility that ensures they remain is easily legible to truck drivers from the interior of their truck cabs;
• Minimum 24″×36″;
• 2″ letter height; and

1. Mounted 4–8 ft above finished grade.

Anti-idling signs indicating a three-minute heavy-duty truck engine idling restriction shall be posted at logistics use facilities along entrances to the site and at the dock doors / truck loading bays. The signs should include the SCAQMD complaint line , which shall be placed at a location conspicuously visible from any adjacent public right-of way.

Training and
Complaints
All logistics facilities shall implement training programs for managers and employees on efficient scheduling and load management to minimize truck queuing and idling.

Worker Transit
Programs
All facilities shall provide workers with secure storage facilities for bikes and other similar mobility devices with adequate electrical outlets and on -site meals or lunch shuttle programs. Facilities shall also provide workers with the most current transit route information and incentives to carpool, such as dedicated carpool parking spaces. Such information shall also be posted in the same manner and area where mandatory employee and labor notices must be physically posted pursuant to state and federal laws and regulat ions, and remain s legible, in good condition and properly maintained during the time the facility remains open and operable .

All facilities shall maintain a lounge for truck operators with amenities including restrooms, continuously stocked vending machines, sufficient electrical outlets for computers, mobile phones and other similar devices, and air conditioning to reduce the need for additional truck trips to find these services elsewhere.

Abatement Fund(6)
Prior to issuance of the first certificate of occupancy, a logistics use facility project applicant shall pay a one-time air quality abatement fee of $1,500, as adjusted, for each estimated daily truck trip into a city-designated Heating, Ventilation, and Air Conditioning (HVAC) and Air Filtration Abatement Fund, which shall be used to subsidize affixed permanent air filtration system and/or HVAC systems with a SEER rating of at least 19 with a 10 year maintenance agreement for any existing structures constituting or situated within a the nea rest sensitive receptor to the property line of the proposed logistics use facility and any existing structures constituting or situated within the nearest sensitive receptor situated from the center line of any designated truck route utilized by any trucks which will service the subject logistics use facility . The abatement fee shall be subject to adjustments annually for any increase in the consumer price index based on the Consumer Price Index for All Urban Consumers (CPI -U) for Riverside -San Bernardino-Ontario area.

Construction and
Emissions Controls
All construction equipment including smaller equipment (hand tools and power washers) shall be zero -emission if feasible and commercially available within the State of California. If it is not feasible to utilize zero -emission construction equipment, or such equipment is not commercially available within the State of California, all such construction equipment shall meet the Environmental Protection Agency’s (EPA) Tier 4 or the most current tier Final standards adopted and implemented by the EPA California Air Resources Board.

The idling of all construction equipment and construction-related vehicles shall be limited to 3 minutes.

Grading and earthmoving activities shall be prohibited on days when the Air Quality Index (AQI) is 100 or greater.
607

17 Category Standard
Diesel generators shall not be used or operated at any time , including during construction, except in emergencies or where no feasible alternative power source exists.

Refer to Section 5.106.5.3.2 for the permitted use of Level 2 or Direct Current Fast Charger (DCFC) to create EVCS. Refer to Section 5.106.3.2.1 for the allowed use of DCFC to comply with both EV capable spaces and Level 2 EVSE. Refer to Section 5.106.5.3. 3 for the allowed use of Automatic Load Management System (ALMS).

TABLE A5.106.5.3.3 - TIER 2 EV CAPABLE SPACES AND EVCS

TOTAL NUMBER OF

ACTUAL PARKING
SPACES

NUMBER OF

REQUIRED EV

CAPABLE SPACES

OTHER THAN OFFICE AND

RETAIL NUMBER OF
REQUIRED EVCS2, 3

OFFICE AND RETAIL

1. Calculation for spaces shall be rounded up to the nearest whole number.

2. Each EVCS shall reduce the number of required EV capable spaces by the same number.

Power allocation method shall include the following:

1. Use any kVA combination of EV capable spaces, low power Level 2, Level 2 or DCFC EVSEs.

2. At least one Level 2 EVSE shall be provided.

TABLE A5.106.5.3.4 - TIER 2 EVCS—POWER ALLOCATION METHOD 608

18 Category Standard
TOTAL

NUMBER OF
ACTUAL

PARKING
SPACES

MINIMUM
TOTAL kVA @

6.6 kVA

OTHER THAN OFFICE AND
RETAIL TOTAL kVA REQUIRED IN

ANY COMBINATION OF EV
CAPABLE3, 4, LOW POWER LEVEL
2, LEVEL 21, 2, OR DCFC

OFFICE AND RETAIL TOTAL
kVA REQUIRED IN ANY

COMBINATION OF EV
CAPABLE3, 4, LOW POWER
LEVEL 21, 2, OR DCFC
1—9 19.8 19.8 19.8
10—25 52.8 52.8 52.8
26—50 112.2 112.2 112.2
51—75 184.8 184.8 184.8
76—100 264.0 264 264
101—150 376.2 376.2 376.2
151—200 521.4 521.4 521.4
201 and over 45 percent of
actual parking
spaces × 6.6
Total required kVA = P × .45 × 6.6
Where P = Parking spaces in facility
Total required kVA = P × .45 ×

6.6 Where P = Parking spaces in
facility

1. Level 2 EVSE @ 6.6 kVA minimum.

2. At least one Level 2 EVSE shall be provided.

3. Maximum allowed kVA to be utilized for EV capable spaces is 75 percent.

4. If EV capable spaces are utilized, they shall meet the requirements of Section 5.106.5.3.1 EV capable spaces.

5. For office and retail buildings the maximum allowed kVA to be utilized for EV capable spaces is 25 percent.
(5) A revised truck routing plan shall be submitted to the planning commission in the context of a noticed public hearing prior to a business license being issued by the city for any new tenant of the logistics use facility . The planning commission shall have discretion to determine if changes to the truck routing plan are necessary, including, but not limited to, any additional measures to alleviate truck routing and parking issues that may arise during the life of the logistics use development. Any revised truck routing plan shall conform with the city’s designated truck routes map as established by ordinance.

2. Replacement Housing Obligations

All logistics use facilities shall be subject to the replacement housing obligations set forth in Section 6509856 of the Government Code, as it may be amended from time to time.

19 • Metal wall panels shall be factory -finished and non -reflective, with a minimum low-gloss finish
• Primary façades (street -facing or receptor -facing) shall incorporate at least two exterior materials, excluding trim.
• Unfinished concrete tilt -up panels are prohibited on façades facing public streets or sensitive receptors unless treated with architectural scoring, integral color, or applied finishes.
• Highly reflective or mirrored surfaces are prohibited on exterior walls and roofs.
• Mechanical equipment located on roofs shall be fully screened from view from public streets and sensitive receptors by parapets or architectural screens equal to or greater than the height of the equipment. • Loading docks, truck courts, and service areas shall not be located on façades facing public rights of way unless fully screened by required buffers, walls, or buildings.
• Dock doors visible from public streets shall be recessed or screened using architectural elements or landscape screening.
• Primary pedestrian building entries shall be clearly defined using a minimum of two architectural features, such as canopies, awnings, recessed entries, or contrasting materials.
• Office components shall be visually distinct from warehouse portions through changes in height, materials, or façade articulation. b. Building-mounted lighting shall be full cut-off fixtures and shielded to prevent light spillovers onto adjacent properties and sensitive

Section 5. SEVERABILITY

Section 6. 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 7. EFFECTIVE DATE

This ordinance shall take effect thirty (30) days after the date of its second reading.

Section 8. CERTIFICATION

That the City Clerk shall certify to the passage and adoption of this Ordinance, 610

20 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.

APPROVED AND ADOPTED this day of 2026.

Ulises Cabrera
Mayor
City of Moreno Valley

ATTEST:

___________________________
M. Patricia Roriguez, CMC
City Clerk

APPROVED AS TO FORM:

___________________________
Steven B. Quintanilla
City Attorney
611

PUBLIC COMMENTS RECEIVED
612
From: George Hague
To: Planning Notices_DG
Cc: Angelica Frausto-Lupo; City Clerk
Subject: Email with two attachments for each Planning Commissioner on their May 28th Ordinance vote Date: Thursday, May 21, 2026 8:55:32 AM
Attachments: Concerns with City"s implemendation of AG"s recommendation.pdf Matrix Regarding Negotiated Air Quality MItigation Measures.pdf Warning: External Email – Watch for Email Red Flags!
Good morning Morneo Valley Planning Commissioner,
Since this was sent before 9 am Thursday May 21st I hope you will revive it later today.

While I provided you a hard copy of my input on the 20 point Matrix, I have spent some additional time to improve on it. Please take time to read the first attachment which has those improvements. The second attachment is the same 20 point Matrix with the first column being what the Attorney General (AG) wrote to protect Moreno Valley residents. The second column is where the city wants you to approve their implementation in the formal Ordinance you will be expected to vote on Thursday May 28th.

You are allowed to make many changes in that Ordinance to make it better reflect the Attorney General’s (AG) efforts to protect us from the health impacting pollution of Warehouses and their toxic diesel trucks. Remember there are at least five warehouse projects going through planning which will not be impacted by this Ordinance.

Sincerely,
George Hague
P.S. I hope you will still reach to me so we can talk about this very important Ordinace.

My improved comments
On the 20 point Matrix
Please Read
Same 20 point Matrix
613
1 The following pages point out some problems with the city’s implementation in the second column of the 20-point Matrix as they undermine many of the Attorney General’s (AG) recommendation in the first column that would reduce Moreno Valley’s future warehouse/logistics harmful impacts on us and the environment— the numbers below go with the 20-points of the Matrix: 1) The California Air Resource. Board (CARB) is now recommending "2017 trucks” -- Not the more polluting 2014. This should not depict a single a year which will be outdated overtime. The Ordinance you approve needs to be a living document and automatically updated when a newer truck year is recommended. Give developers one or two years to meet the new recommendations. Just relying on the city updating everything ever three years will not guarantee these will be identified as needing updating. Very few warehouses have their own fleet and therefore this wording by staff protects warehouse developers and harms Moreno Valley residents. Yes, warehouse developers can require 2017 trucks and litigation settlement agreements prove this. Remember this applies only to new warehouse applications and not the five currently in planning — waiting for your vote. 3) Instead of having a date of “2025” which will become old over time, the Ordinance you approve needs to require wording like the following” “The most recent California Green Building Code”. Updating every three years doesn’t mean this will require the latest version. 4) Add something to the Ordinance you approve like “maintain in good condition for the life of the project” is needed. 5) Lack of adequate power being available would not be a problem if the Moreno Valley Utility (MVU), which is controlled by the city council, would not significantly limit the amount of solar permitted on large buildings like warehouses to as low as 50%. There needs to be 100% solar allowed and required in the Ordinance. 6) The Ordinance you approve needs wording like “signage shall be readable from truck cab, permanent and be maintained for the life of the project”. 7) Will this be Tier 4 forever? Reviewing all of this every-three-years may not change to Tier 5 as soon as it should. The Ordinance must be a living document 614
2 and require updates automatically to the next Tier level to reduce significant heath impacting diesel pollution. Where in the Ordinance does it explain funding for Who will enforce this and other sections for compliance? 8) The AG’s prohibition on days when Air Quality Index is greater than 100 and also in city’s version, but where in the Ordinance is enforcement? 9) AG requires No Diesel generators anytime except for emergencies and this needs to be in the Ordinance you approve — City only limits Diesel Generators during construction — Not Equivalent 10) There needs to be charging for the growing use of e-scooters. 12) All material for workers to read needs to be permanently posted in an easy-to-read location like the lounge and visible from a distance of five feet. The Ordinance you approve shouldn’t allow just a piece of paper on the first day of work. 13) The lounge needs to be not only for truckers, but also for all inside as well as outside warehouse workers. The Ordinance you approve also needs the lounge to be heated, with cold water drinking fountain, “well stocked” vending machines, and many places to plug in electronic devices. The city did well on this one. 14) AG writes “shall implement” and the city writes “should Implement” which requires nothing. The Ordinance you approve must have “shall”-Not Equivalent. 15) The Attorney General wrote that all warehouse projects shall be located at least 1,000 feet from sensitive receptors. The city only limits the warehouse’s truck bay doors from being within 1,000 feet of sensitive receptors and not the rest of the warehouse or truck routes. This would allow the toxic diesel truck drive aisles being very close to sensitive receptors as well as the entrance/exist to the warehouse and including the warehouse itself. The Ordinance you approve must require measurements be taken from property lines of the warehouse project and sensitive receptor. – Not Equivalent 17) Require zero emission construction, but the Ordinance you approve cannot fail to explain how they will pay for enforcement of this and other areas. 615
3 18) Needs to be HVAC with air filtration systems and not just air filtration systems which are usually portable. These portable systems are taken when homeowners sell or tenants leave. This results in no protection for new home owners or tenants. Settlement agreements with warehouse developers have produced HVAC/air- filtration systems with a SEER rating of at least 19 and with a 10-year maintenance agreement. 19) The City’s staff language allows warehouses within 1000 feet and maybe as close as 105 feet or less from the warehouse building. This language undoes everything in #15 from the Attorney General (AG) requiring AT LEAST 1000 ft setback between warehouses projects and sensitive receptors. Item #19 of the attached Matrix has the following in what undercuts the 1,000 ft requirement in #15: — Not Equivalent "Any new logistics use facility within 1,000 feet of a sensitive receptor shall have a buffer that is a minimum of 100 feet in width measured from the property line of any adjacent sensitive receptor" The bold print above indicates the city’s staff wants warehouses within 1,000 ft of sensitive receptors and all they need to do is provide a 100 ft buffer from a logistics facility (the actual building). This wording could allow the warehouse employee parking lot or even the truck parking lot or the toxic diesel truck drive aisle or landscaping to be part of the 100 ft buffer. Staff’s implementation wording in the middle column of the attached Matrix of "within 1000 feet" needs to be eliminated in the Ordinance you approve from #19 and the Attorney General’s (AG) wording of “at least 1000 feet” in #15 incorporated/honored. The Diesel Truck entrances/exits and toxic diesel truck drive aisles along the sides of warehouses to reach bay doc doors could significantly impact sensitive receptors — with the city’s second column version of 1000ft in #15. They need to use warehouse property lines and not truck docs as the point from which to measure the 1,000 feet. The 1,000 feet nor the 100 feet can be allowed to use portion of the warehouse project as part of the measurement. 616
4 Two staggered rows of evergreen trees need to be required in the Ordinance with trees able to reach 5 feet taller than warehouse buildings. Non - eucalyptus drought tolerant evergreen trees are available that grow to 50 to 70 feet. If the staff’s implementation wording in #19 remains in the Ordinance you approve, then a two million sq ft warehouse could be built 105 feet from a school with a its parking lot and toxic diesel truck drive aisle as part of the 100 ft buffer — even if the parking lot isn’t part, 105 feet is too close. Please honor the AG’s #15 which reads All warehouses shall be at least 1,000 feet from sensitive receptors – that means the Ordinance could require more than 1,000 feet. There are ﬁve warehouses currently going through planning and therefore you need to make sure the Ordinance wording you approve is strong after adding those additional ﬁve to the more than 40 million sq ft of warehousing and their more than 13,000 Daily Diesel Truck Trips Moreno Valley has already approved and waiting to be built. You are allowed to make changes in the Ordinance staG provides you before you vote and I hope you will to better protect the Health, Safety and Welfare of Moreno Valley residents. 617
# AG Recommended Text Ordinance Comparative Text Notes
1 Heavy-Duty Truck Minimum Model Year: All
warehouse projects developed under the 2024 GPU
shall utilize trucks with a minimum 2014 model year
by 2027.

All trucks stored on-site as part of a facility’s
ﬂeet shall have a model year of 2014 or newer
by 2027.

All logistics use facilities shall be equipped with
EV-ready conduits for each truck dock or
parking space with at least 50 percent of those
installed with fast chargers.

I
n no case shall less than a minimum of 50
percent of all passenger vehicle parking spaces
preinstalled with conduit and all necessary
physical infrastructure to support future
charging of electric vehicles.

In no case shall less than a minimum of 15
percent of all passenger vehicle parking spaces
installed with electric vehicle charging stations.

All logistics use facility projects shall provide
fully functional TRU plug-ins or similar electrical
hookups at all truck loading bays / dock doors.

NEGOTIATED MITIGATION MEASURES
618
prohibited if the truck is capable of plugging in
at the loading bay and sufficient power is
available.
5 Yard Equipment: All warehouse projects developed
under the 2024 GPU shall use 100% ZEV for forklifts,
yard trucks, and other on-site equipment
The logistics use facility operator shall ensure
all classes of forklifts used on site shall be zero-
emission by January 1, 2028, to the extent
operationally feasible, commercially off-the-
shelf available, and adequate power available
on site.
• If not operationally feasible, commercially
off-the-shelf available, or if there is
inadequate power available on site, the
cleanest technology commercially available
shall be used.
• Cost shall not be a factor in determining
operational feasibility pursuant to this
subparagraph.

The logistics use facility operator shall ensure
that equipment used on site utilizing small off -
road engines shall be zero -emission, to the
extent operationally feasible, commercially off -
the-shelf available, and adequate power
available on site.
• If not operationally feasible, commercially
off-the-shelf available, or if there is
inadequate power available on site, the
cleanest technology commercially available
shall be used.
• Cost shall not be a factor in determining
operational feasibility pursuant to this
subparagraph.

Ordinance is equivalent to AG
recommendation. Ordinance
provides clarity and a deadline for
achieving this. It also accounts for
market availability and power
needs and provides relief in such
situations. It clariﬁes that cost
should not be grounds for
providing relief.
619
The logistics use facility operator shall ensure
that any equipment used on site utilizing small
off-road engines by contractors also conforms to
the same standards.
6 Idling Limits: All warehouse projects developed
under the 2024 GPU shall have signage noting a 3-
minute idling limit and include the SCAQMD
complaint line to submit idling complaints.

The idling of all construction equipment and
construction-related vehicles shall be limited to
3 minutes.

All construction equipment including smaller
equipment (hand tools and power washers)
shall be zero-emission if feasible and
commercially available within the State of
California. If it is not feasible to utilize zero-
emission construction equipment, or such
equipment is not commercially available within
the State of California, all such construction
equipment shall meet the Environmental
Ordinance is equivalent to AG
recommendation.
620
Protection Agency’s (EPA) Tier 4 Final
standards.

Provide on-site meals or a lunch shuttle to
nearest area with at least one restaurant or fast-
food place for workers in the logistic facility.

Ordinance is equivalent to AG
recommendation.
12 Worker Transit Programs: provide workers with
transit route information and incentives to carpool,
such as dedicated carpool parking spaces.

Ordinance is stringent as it
requires all logistics facilities to
provide lounge instead of just
facilities over 400,000 square feet
as recommended by AG. It also
clariﬁes the size of lounge and
increments based on logistics
facility size.
621
14 Worker Training Programs: All warehouse projects
developed under the 2024 GPU shall implement
training programs for managers and employees on
efficient scheduling and load management to
minimize truck queuing and idling.

All logistics facilities should implement training
programs for managers and employees on
efficient scheduling and load management to
minimize truck queuing and idling.

Ordinance is equivalent to AG
recommendation.
15 Setbacks: All warehouse projects developed under
the 2024 GPU shall be located at least 1,000 feet
from sensitive receptors.

No dock doors or truck bay doors shall be
located within 1,000 feet from any sensitive
receptor.

All logistics use facilities shall be equipped with
EV-capable conduits for all Class 7 and 8 truck
parking space and truck docks with at least 50
percent of those installed fast chargers.

See previous- #7, 8, 9 Ordinance is equivalent to AG
recommendation.
18 Air Filtration Abatement Fund: The City shall create an abatement fund for subsidizing air ﬁltration
and/or HVAC systems for residents within 1,000 feet
of any warehouse or truck route, thereby abating air
quality impacts for the most impacted sensitive
receptors. The City may choose to administer
abatement fund or designate tits administration to a
third party which will require an additional 10
percent administrative fee. All warehouse projects
Prior to issuance of the first certificate of
occupancy, a logistics use facility project
applicant shall pay a one-time air quality
abatement fee of $1,500 for each estimated
daily truck trip into a city-designated Heating,
Ventilation, and Air Conditioning (HVAC) and Air
Filtration Abatement Fund, which shall be used
to subsidize air filtration and/or HVAC systems
for any existing structures constituting or
Ordinance is equivalent to AG
recommendation.
622
developed under the 2024 GPU shall pay a one-time
fee of $1,500 for each daily truck trip the warehouse
project is estimated to induce.
situated within a sensitive receptor located
within 1,000 feet of the property line of the
proposed logistics use facility or within 1,000
feet of a dedicated truck route.
19 Requiring projects to include a solid wall and/or
landscaped berm of at least 15 feet in height,
separating the project and nearby sensitive
receptors.

Any new logistics use facility within 1,000 feet of
a sensitive receptor shall have a buffer that is a
minimum of 100 feet in width measured from
the property line of any adjacent sensitive
receptor.

Ordinance is equivalent to AG
recommendation. Ordinance adds
more information on the type of
landscaping and trees to be used.

Adds minimum distance between
the trees.

Goes above and beyond for buffer
requirement- AB 98 for facilities
that are less than 250,000 SF
requires only 50 feet buffer, the
ordinance requires 100 feet buffer
for all facilities.
623
20 At least 35% of tree shade cover in project parking
lots is established within 15 years of
commencement of operations
Minimum 35% tree shade for parking lots
reserved for the parking of traditional passenger
vehicles (15-Year establishment period from
issuance of first Certificate of Occupancy;
Demonstrated in Plan Check Submittal)
Ordinance is equivalent to AG
recommendation.

624
From: George Hague
To: Planning Notices_DG
Cc: Angelica Frausto-Lupo; Julia Descoteaux; City Clerk Subject: Item I.2 Ordinance on reducing warehouse impacts & misleading information.

Date: Friday, May 22, 2026 4:57:38 PM
Attachments: This can be shared, click to open the sharing popup..png MorenoValleyGeneralPlanAG2026May13.pdf
Warning: External Email – Watch for Email Red Flags!
Good afternoon Planning Commissioner,
The city continues to purposely undercut the Attorney General’s (AG) efforts to protect us from the health impacts of warehouses and their toxic diesel trucks.

Their latest effort is when they provide you "7. 6 Workshop meeting_Notes" in the link found below of the May 13th Palm Middle School meeting on the Ordinance. Three of you were there and heard me basically read from the attachment as well as expand on it. After I was through I gave the young planner responsible for taking notes my analysis of the 20 point Matrix. You will read the notes they share of the meeting are the same as my analysis — until you get to the most important #19.

Please read my first version (attached) for analyzing the Matrix. The Matrix is link "5.4 Matrix pdf" found below.

The city doesn’t want you to understand what they are allowing in #19 is designed to undo #15 from the Attorney General that reads “All warehouse projects...shall be located at least 1,000 feet from sensitive receptors"— "at least" means you can demand even more than 1000 feet. #19 from the city would allow less than 100 feet between the warehouse project and sensitive receptors like schools, family homes and hospitals.

Please read #19 from the attachment which should have been in what they share as notes from the Palm MS meeting. Planning Staff should be honest with you.

Sincerely,
George Hague
Agenda item details popupI.2 ORDINANCE ADOPTING LOGISTICS USE

FACILITIES MITIGATION MEASURES NEGOTIATED WITH THE
CALIFORNIA ATTORNEY GENERAL’S OFFICE (PEN26-0055)
625

1. PEN26-0055 PC Staff Report sq 5.20.26 Final.pdf

2. 1 PEN26-0055 PC Resolution 2026-9 SBQ.pdf

3. 2 Exhibit A CEQA Exemption Memo.pdf

4. 3 Exhibit B Proposed CC Ordinance 5.20.26 final.pdf

5. 4 Matrix.pdf

6. 5 Workshop Announcement.pdf

7. 6 Workshop_Meeting_Notes 5.13.26.pdf

8. 7 Public Hearing Notice PC.pdf

9. 05.28.26 PEN26-0055 Public Comment.pdf
First version of
My analysis of
Matrix.
626
The following points out some problems with the city’s implementation in the second column of the 19 point Matrix as they try to implement the Attorney General Office’s recommendation to reduce Moreno Valley’s future warehouse/logistics impacts to the environment and therefore us — the number below go with the 19 points: 1) The California Air Resource. Board (CARB) is now recommending "2017 trucks” -- Not the more polluting 2014 This should not depict a single a year which will be outdated overtime. It needs to be automatically updated when a newer truck year is recommended. Give developers one or two years to meet the new recommendations. Just relying on the city updating everything ever three years will not guarantee these will be identified as needing updating. Very few warehouse have their own fleet and therefore this wording by staff protects warehouse developers antd harms Moreno Valley residents. Yes, warehouse developers can require 2017 trucks and litigation settlement agreements prove this. Remember this applies only to new warehouse applications and not the five currently in planning — waiting for your vote. 3) Instead of having a date of “2025” which will become old over time, You need to write “The most recent California Green Building Code”. Updating every three years doesn’t mean this will require the latest version 4) Add something like “maintain in good condition for the life of the project” is needed. 5) Lack of adequate power being available would not be a problem if the Moreno Valley Utility, which is controlled by the city council, would not significantly limit the amount of solar permitted on large buildings like warehouses to as low as 50%. There needs to be 100% solar allowed and required. 6) Signage shall be readable from truck cab, permanent and be maintained for the life of the project. 7).Will this be Tier 4 forever? Reviewing all of these every three years may not change to Tier 5 as soon as it should. Who will enforce this and other sections for compliance. 8) The AG’s prohibition on days when Air Quality Index is greater than 100 and also in city’s version, but where is enforcement? 9) AG requires No Diesel generators anytime except emergencies — City only limits Diesel Generators during construction — Not Equivalent 10) There needs to be charging for the growing use of e-scooters. 12) All material for workers to read also needs to be posted in a easy to read location and visible from a distance of five feet. It shouldn’t just be a paper on the first day of work. 13) Lounge needs to be for truckers and warehouse workers. These have been retired for warehouses of less than 200,000 sq ft and would bar here. They also need to be heated, with cold water drinking fountain, “well stocked” vending machines, and many places to plug in electronic devices. 627
14) AG writes “shall implement” and the city writes “should Implement” which requires nothing— Not Equivalent. 15) It should be setback from any property line because of the diesel truck drive aisles to get to the docks. In addition when an 80 ft diesel truck uses the space around a dock to bak in they are usually using the area more than 100 feet away to maneuver back in. Then their diesel smoke stack is at least 70 ft away from the docks you are beginning your measurement. 17) Require zero emission construction, but the city fails to explain how they will enforce. 18) Needs to be HVAC with air filtration systems and not just air filtration systems which are usually portable. These portable systems are taken when homeowners sell or tenants leave. This results in no protection for new home owners or tenants. HVAC need to have a SEER rating of at least 19 with a 10 year maintenance agreement. 19) The ordinance language allows warehouses within 1000 feet and maybe as close as 150 feet or less. This language appears to undo everything in #15 requiring 1000 ft setback from docks. Item #19 of the attached chart has the following in what undercuts the 1,000 ft requirement in #15: — Not Equivalent "Any new logistics use facility within 1,000 feet of a sensitive receptor shall have a buffer that is a minimum of 100 feet in width measured from the property line of any adjacent sensitive receptor" The bold print above indicate there will be warehouses within 1,000 ft of sensitive receptors and all they need to do is provide a 100 ft buffer from a logistics facility (the actual building). This wording could allow the warehouse employee parking lot or even the truck parking lot to be part of the 100 ft buffer. Staff’s implementation wording in the middle column of the attached Matrix of "within 1000 feet" needs to be eliminated from #19 and AG’s wording in #15 honored. The Diesel Truck entrances/exits and drive aisles along the sides of warehouses to reach doc doors could significantly impact sensitive receptors — even with the 1000ft in #15 They need to use warehouse property lines and not truck docs as the point from which to measure the 1,000 feet. The 1,000 feet nor the 100 feet can be allowed to use portion of the warehouse project as part of the measurement. Two rows staggered trees needs to be required with trees able to reach 5 feet taller than warehouse buildings. Non - eucalyptus drought tolerant trees are available that grow to 50 to 70 feet. If the staff’s implementation wording in #19 remains, then a two million sq ft warehouse could be built 105 feet away. from a school with a warehouse parking lot as part of the 100 ft buffer — even if the parking lot isn’t part, 105 feet is too close. Please honor the AG’s #15 and its 1,000 feet. 628
From: George Hague
To: Planning Notices_DG
Cc: Angelica Frausto-Lupo; City Clerk
Subject: Fwd: Item I.2 Ordinance on reducing warehouse impacts & misleading information.

Date: Monday, May 25, 2026 11:52:11 PM
Attachments: MorenoValleyGeneralPlanAG2026May13.pdf
Warning: External Email – Watch for Email Red Flags!
Planning. — Please forward this email I sent late Friday afternoon to each Planning Commissioner this morning — Thank you, George Hague
Begin forwarded message:

From: George Hague <[email protected]>
Subject: Item I.2 Ordinance on reducing warehouse impacts & misleading information.

Please read my first version (attached) for analyzing the Matrix. The Matrix is link "5.4 Matrix pdf" found below.

Sincerely,
George Hague
Agenda item details popupI.2 ORDINANCE ADOPTING LOGISTICS USE

FACILITIES MITIGATION MEASURES NEGOTIATED WITH THE
CALIFORNIA ATTORNEY GENERAL’S OFFICE (PEN26-0055)

1. PEN26-0055 PC Staff Report sq 5.20.26 Final.pdf

2. 1 PEN26-0055 PC Resolution 2026-9 SBQ.pdf

3. 2 Exhibit A CEQA Exemption Memo.pdf

4. 3 Exhibit B Proposed CC Ordinance 5.20.26 final.pdf

5. 4 Matrix.pdf

6. 5 Workshop Announcement.pdf

7. 6 Workshop_Meeting_Notes 5.13.26.pdf

8. 7 Public Hearing Notice PC.pdf

9. 05.28.26 PEN26-0055 Public Comment.pdf
First version of
My analysis of
Matrix.
630
The following points out some problems with the city’s implementation in the second column of the 19 point Matrix as they try to implement the Attorney General Office’s recommendation to reduce Moreno Valley’s future warehouse/logistics impacts to the environment and therefore us — the number below go with the 19 points: 1) The California Air Resource. Board (CARB) is now recommending "2017 trucks” -- Not the more polluting 2014 This should not depict a single a year which will be outdated overtime. It needs to be automatically updated when a newer truck year is recommended. Give developers one or two years to meet the new recommendations. Just relying on the city updating everything ever three years will not guarantee these will be identified as needing updating. Very few warehouse have their own fleet and therefore this wording by staff protects warehouse developers antd harms Moreno Valley residents. Yes, warehouse developers can require 2017 trucks and litigation settlement agreements prove this. Remember this applies only to new warehouse applications and not the five currently in planning — waiting for your vote. 3) Instead of having a date of “2025” which will become old over time, You need to write “The most recent California Green Building Code”. Updating every three years doesn’t mean this will require the latest version 4) Add something like “maintain in good condition for the life of the project” is needed. 5) Lack of adequate power being available would not be a problem if the Moreno Valley Utility, which is controlled by the city council, would not significantly limit the amount of solar permitted on large buildings like warehouses to as low as 50%. There needs to be 100% solar allowed and required. 6) Signage shall be readable from truck cab, permanent and be maintained for the life of the project. 7).Will this be Tier 4 forever? Reviewing all of these every three years may not change to Tier 5 as soon as it should. Who will enforce this and other sections for compliance. 8) The AG’s prohibition on days when Air Quality Index is greater than 100 and also in city’s version, but where is enforcement? 9) AG requires No Diesel generators anytime except emergencies — City only limits Diesel Generators during construction — Not Equivalent 10) There needs to be charging for the growing use of e-scooters. 12) All material for workers to read also needs to be posted in a easy to read location and visible from a distance of five feet. It shouldn’t just be a paper on the first day of work. 13) Lounge needs to be for truckers and warehouse workers. These have been retired for warehouses of less than 200,000 sq ft and would bar here. They also need to be heated, with cold water drinking fountain, “well stocked” vending machines, and many places to plug in electronic devices. 631
14) AG writes “shall implement” and the city writes “should Implement” which requires nothing— Not Equivalent. 15) It should be setback from any property line because of the diesel truck drive aisles to get to the docks. In addition when an 80 ft diesel truck uses the space around a dock to bak in they are usually using the area more than 100 feet away to maneuver back in. Then their diesel smoke stack is at least 70 ft away from the docks you are beginning your measurement. 17) Require zero emission construction, but the city fails to explain how they will enforce. 18) Needs to be HVAC with air filtration systems and not just air filtration systems which are usually portable. These portable systems are taken when homeowners sell or tenants leave. This results in no protection for new home owners or tenants. HVAC need to have a SEER rating of at least 19 with a 10 year maintenance agreement. 19) The ordinance language allows warehouses within 1000 feet and maybe as close as 150 feet or less. This language appears to undo everything in #15 requiring 1000 ft setback from docks. Item #19 of the attached chart has the following in what undercuts the 1,000 ft requirement in #15: — Not Equivalent "Any new logistics use facility within 1,000 feet of a sensitive receptor shall have a buffer that is a minimum of 100 feet in width measured from the property line of any adjacent sensitive receptor" The bold print above indicate there will be warehouses within 1,000 ft of sensitive receptors and all they need to do is provide a 100 ft buffer from a logistics facility (the actual building). This wording could allow the warehouse employee parking lot or even the truck parking lot to be part of the 100 ft buffer. Staff’s implementation wording in the middle column of the attached Matrix of "within 1000 feet" needs to be eliminated from #19 and AG’s wording in #15 honored. The Diesel Truck entrances/exits and drive aisles along the sides of warehouses to reach doc doors could significantly impact sensitive receptors — even with the 1000ft in #15 They need to use warehouse property lines and not truck docs as the point from which to measure the 1,000 feet. The 1,000 feet nor the 100 feet can be allowed to use portion of the warehouse project as part of the measurement. Two rows staggered trees needs to be required with trees able to reach 5 feet taller than warehouse buildings. Non - eucalyptus drought tolerant trees are available that grow to 50 to 70 feet. If the staff’s implementation wording in #19 remains, then a two million sq ft warehouse could be built 105 feet away. from a school with a warehouse parking lot as part of the 100 ft buffer — even if the parking lot isn’t part, 105 feet is too close. Please honor the AG’s #15 and its 1,000 feet. 632
From: George Hague
To: Planning Notices_DG
Cc: Angelica Frausto-Lupo; City Clerk; Edward A. Delgado Subject: Item I.2 Ordinance on reducing warehouse impacts & misleading information.

Date: Tuesday, May 26, 2026 12:50:43 PM
Attachments: MorenoValleyGeneralPlanAG2026May13.pdf
Warning: External Email – Watch for Email Red Flags!
Good afternoon,
I was hoping the reminder of my Friday email found below that I sent late last night would have resulted in each Planning Commissioner already receiving it — can you confirm it was? Thank you,
George Hague
Begin forwarded message:

From: George Hague <[email protected]>
Subject: Fwd: Item I.2 Ordinance on reducing warehouse impacts & misleading information.

Date: May 25, 2026 at 11:51:51 PM PDT
To: "[email protected]" <[email protected]> Cc: Angelica Frausto-Lupo <[email protected]>, City Clerk <[email protected]>
Planning. — Please forward this email I sent late Friday afternoon to each Planning Commissioner this morning — Thank you, George Hague
Begin forwarded message:

From: George Hague <[email protected]>
Subject: Item I.2 Ordinance on reducing warehouse impacts & misleading information.

Date: May 22, 2026 at 4:57:17 PM PDT
To: "[email protected]" <[email protected]> Cc: Angelica Frausto-Lupo <[email protected]>, Julia Descoteaux <[email protected]>, City Clerk <[email protected]>
Good morning/afternoon Planning Commissioner,
Friday May 22, 2026
The city continues to purposely undercut the Attorney General’s (AG) efforts to protect us from the health impacts of warehouses and their toxic diesel trucks. 633
Their latest effort is when they provide you "7. 6 Workshop meeting_Notes" in the link found below of the May 13th Palm Middle School meeting on the Ordinance. Three of you were there and heard me basically read from the attachment as well as expand on it. After I was through I gave the young planner responsible for taking notes my analysis of the 20 point Matrix. You will read the notes they share of the meeting are the same as my analysis — until you get to the most important #19.

Please read my first version (attached) for analyzing the Matrix. The Matrix is link "5.4 Matrix pdf" found below.

Please read #19 from the attachment which should have been in what they share as notes from the Palm MS meeting. Planning Staff should be honest with you.

Sincerely,
George Hague
Agenda item details popupI.2 ORDINANCE ADOPTING LOGISTICS USE

FACILITIES MITIGATION MEASURES NEGOTIATED WITH THE
CALIFORNIA ATTORNEY GENERAL’S OFFICE (PEN26-0055)

1. PEN26-0055 PC Staff Report sq 5.20.26 Final.pdf

2. 1 PEN26-0055 PC Resolution 2026-9 SBQ.pdf

3. 2 Exhibit A CEQA Exemption Memo.pdf

4. 3 Exhibit B Proposed CC Ordinance 5.20.26 final.pdf

5. 4 Matrix.pdf

6. 5 Workshop Announcement.pdf

7. 6 Workshop_Meeting_Notes 5.13.26.pdf

8. 7 Public Hearing Notice PC.pdf

9. 05.28.26 PEN26-0055 Public Comment.pdf
634
First version of
My analysis of
Matrix.
635
The following points out some problems with the city’s implementation in the second column of the 19 point Matrix as they try to implement the Attorney General Office’s recommendation to reduce Moreno Valley’s future warehouse/logistics impacts to the environment and therefore us — the number below go with the 19 points: 1) The California Air Resource. Board (CARB) is now recommending "2017 trucks” -- Not the more polluting 2014 This should not depict a single a year which will be outdated overtime. It needs to be automatically updated when a newer truck year is recommended. Give developers one or two years to meet the new recommendations. Just relying on the city updating everything ever three years will not guarantee these will be identified as needing updating. Very few warehouse have their own fleet and therefore this wording by staff protects warehouse developers antd harms Moreno Valley residents. Yes, warehouse developers can require 2017 trucks and litigation settlement agreements prove this. Remember this applies only to new warehouse applications and not the five currently in planning — waiting for your vote. 3) Instead of having a date of “2025” which will become old over time, You need to write “The most recent California Green Building Code”. Updating every three years doesn’t mean this will require the latest version 4) Add something like “maintain in good condition for the life of the project” is needed. 5) Lack of adequate power being available would not be a problem if the Moreno Valley Utility, which is controlled by the city council, would not significantly limit the amount of solar permitted on large buildings like warehouses to as low as 50%. There needs to be 100% solar allowed and required. 6) Signage shall be readable from truck cab, permanent and be maintained for the life of the project. 7).Will this be Tier 4 forever? Reviewing all of these every three years may not change to Tier 5 as soon as it should. Who will enforce this and other sections for compliance. 8) The AG’s prohibition on days when Air Quality Index is greater than 100 and also in city’s version, but where is enforcement? 9) AG requires No Diesel generators anytime except emergencies — City only limits Diesel Generators during construction — Not Equivalent 10) There needs to be charging for the growing use of e-scooters. 12) All material for workers to read also needs to be posted in a easy to read location and visible from a distance of five feet. It shouldn’t just be a paper on the first day of work. 13) Lounge needs to be for truckers and warehouse workers. These have been retired for warehouses of less than 200,000 sq ft and would bar here. They also need to be heated, with cold water drinking fountain, “well stocked” vending machines, and many places to plug in electronic devices. 636
14) AG writes “shall implement” and the city writes “should Implement” which requires nothing— Not Equivalent. 15) It should be setback from any property line because of the diesel truck drive aisles to get to the docks. In addition when an 80 ft diesel truck uses the space around a dock to bak in they are usually using the area more than 100 feet away to maneuver back in. Then their diesel smoke stack is at least 70 ft away from the docks you are beginning your measurement. 17) Require zero emission construction, but the city fails to explain how they will enforce. 18) Needs to be HVAC with air filtration systems and not just air filtration systems which are usually portable. These portable systems are taken when homeowners sell or tenants leave. This results in no protection for new home owners or tenants. HVAC need to have a SEER rating of at least 19 with a 10 year maintenance agreement. 19) The ordinance language allows warehouses within 1000 feet and maybe as close as 150 feet or less. This language appears to undo everything in #15 requiring 1000 ft setback from docks. Item #19 of the attached chart has the following in what undercuts the 1,000 ft requirement in #15: — Not Equivalent "Any new logistics use facility within 1,000 feet of a sensitive receptor shall have a buffer that is a minimum of 100 feet in width measured from the property line of any adjacent sensitive receptor" The bold print above indicate there will be warehouses within 1,000 ft of sensitive receptors and all they need to do is provide a 100 ft buffer from a logistics facility (the actual building). This wording could allow the warehouse employee parking lot or even the truck parking lot to be part of the 100 ft buffer. Staff’s implementation wording in the middle column of the attached Matrix of "within 1000 feet" needs to be eliminated from #19 and AG’s wording in #15 honored. The Diesel Truck entrances/exits and drive aisles along the sides of warehouses to reach doc doors could significantly impact sensitive receptors — even with the 1000ft in #15 They need to use warehouse property lines and not truck docs as the point from which to measure the 1,000 feet. The 1,000 feet nor the 100 feet can be allowed to use portion of the warehouse project as part of the measurement. Two rows staggered trees needs to be required with trees able to reach 5 feet taller than warehouse buildings. Non - eucalyptus drought tolerant trees are available that grow to 50 to 70 feet. If the staff’s implementation wording in #19 remains, then a two million sq ft warehouse could be built 105 feet away. from a school with a warehouse parking lot as part of the 100 ft buffer — even if the parking lot isn’t part, 105 feet is too close. Please honor the AG’s #15 and its 1,000 feet. 637
From: George Hague
To: Planning Notices_DG
Cc: Angelica Frausto-Lupo; City Clerk
Subject: Time I.2 information for Planning Commission meeting and Moreno Valley warehouse Ordinance -- Thursday May 28th
Date: Tuesday, May 26, 2026 4:21:45 PM
Attachments: Hague Ordinance Comments (200).pdf
Warning: External Email – Watch for Email Red Flags!
Good afternoon Planning Commissioner, Sent 4:20 pm Tuesday May 26, 2026
I have attached the Ordinance with my handwriting to explain portions which will hopefully help you see area which should be changed prior to your vote.

Some thoughts found below:

The bottom of page 14 of the Ordinance and Matrix #18 uses "property lines of the logistic facility". Therefore #15 of the matrix should use property lines off the logistic facility in the second column which would better match what the AG recommended = "All warehouse projects developed under 2024 GPU shall be located at least 1,000 feet from sensitive receptors”. What the AG has recommended in this entire document is the base to which Moreno Valley can increase requirements as shown by the words “At Least 1000 feet”.

What the city wrote in the first part of #19 of the Matrix doesn’t follow from what the AG wrote. Therefore just using property lines on #19 instead of facility would still allow a school within 100 feet of a warehouse project. What the AG wrote in #15 needs to be honored throughout the document = All warehouse projetstshall be located at least 1,000 feet from sensitive receptors.

Look at my wording at the top of page 13 of the attachment where I underline some words.

Those words seem to allow logistic facilities “directly adjacent to a sensitive receptor property.”. That could happen because of the first paragraph in #19 of the matrix which has nothing to do with anything the AG wrote in #19.

Just do not use “dock doors or truck bay doors” as written art the bottom of page 11 and instead honor what the AG wrote and use warehouse property lines being 1000 feet from sensitive receptors as is already done in #18 of the matrix and page 14 as explained above.

I strongly believe certain planners have in mind properties in Moreno Valley which would still permit warehousing based on the wording they included in #15 and #19 of the Matrix which is now in the Ordinance. If you honor the wording from the AG to protect the health of Moreno Valley residents from warehouse projects then the the NINE warehouses not impacted by this Ordinance - four warehouses approved, but not built and the five going through planning — could be our last
Please read my handwritten comments on the attached Ordinance. 638
Sincerely,
George Hague
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647
From: George Hague
To: Planning Notices_DG
Cc: Angelica Frausto-Lupo; City Clerk
Subject: Letter to Planning Commissioners and staff report on Ordinance planned for June 11th meeting Date: Tuesday, June 2, 2026 4:54:38 PM
Attachments: Mitigation Ordinance Revisions SBQ.pdf
Warning: External Email – Watch for Email Red Flags!
Dear Planning Commissioner, Tuesday afternoon June 2, 2026
It appears our city planners are again making it easy to build more warehouses — remember we have an additional 9 warehouses which the ordinance (Agenda June 11th) will not impact — 4 approved, but not built & 5 going through planning = Enough is Enough.

While striking out/removing “No dock doors or truck bay doors shall be located within 1,000 feet from any sensitive receptor” (page 11 of attachment) is good because it would have allowed other parts of a warehouse much closer to sensitive receptors, but not replacing it with what the Attorney General Recommends below is Very Bad for Moreno Valley.

The city needs to include the following from what the Attorney General recommends throughout the document:
“SETBACKS: ALL WAREHOUSE PROJECTS DEVELOPED UNDER THE 2024 GPU SHALL BE LOCATED AT LEAST 1,000 FEET FROM SENSITIVE RECEPTORS.” (Page 3 in attachment)
AIR FILTRATION ABATEMENT FUND: THE CITY SHALL CREATE AN

ABATEMENT FUND FOR SUBSIDIZING AIR FILTRATION AND/OR HVAC SYSTEMS FOR RESIDENTS WITHIN 1,000 FEET OF ANY WAREHOUSE OR TRUCK ROUTE” (page 3 of the attachment)
It is sad that the Attorney General appears to be more concerned about protecting Moreno Valley residents in sensitive receptors — like their homes and children in school and parks — than our own Planning Staff..

Hopefully this will be emailed to you in the next couple of days and also made part of the staff report — usually found on the last pages they provide you.

Sincerely,
George Hague
P.S. I would still appreciate meeting with you on this very important issue at a time and place of your choosing.
648

1 ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MORENO VALLEY, CALIFORNIA, AMENDING CHAPTER 9.05
(INDUSTRIAL DISTRICTS) OF TITLE 9 (PLANNING AND
ZONING) TO ADD SECTION 9.05.060 (LOGISTICS USE

FACILITIES MITIGATION MEASURES)

WHEREAS, the City of Moreno Valley ("City") is a general law city and a municipal corporation of the State of California, and

WHEREAS, on June 21, 2022, the California Attorney General intervened in the CEQA Case, and on July 11, 2022, filed a Petition for Writ of Mandate- in-Intervention against the City; and

WHEREAS, the Court Ruling specifically identified that the 2021 GPU FEIR was deficient for the following reasons:

650

• Setbacks: All warehouse projects developed under the 2024 GPU shall be located at least 1,000 feet from sensitive receptors.

• Wall: All logistics use facility projects shall include a solid wall and/or a landscaped berm of at least 15 feet in height, separating the project and nearby sensitive receptors.

• Tree Cover: All logistic facility projects shall ensure that the project parking lots have at least 35 percent of the tree shade cover within 15 years of commencement of operations

• Heavy-Duty Truck Minimum Model Year: All warehouse projects developed under the 2024 GPU shall utilize trucks with a minimum 2014 model year by 2027.

• Yard Equipment: All warehouse projects developed under the 2024 GPU shall use 100% ZEV for forklifts, yard trucks, and other on-site equipment.

• Idling Limits: All warehouse projects developed under the 2024 GPU shall have signage noting a 3-minute idling limit and include the SCAQMD complaint line to submit idling complaints.

• Generators: All warehouse projects developed under the 2024 GPU shall be prohibited from using diesel except for emergencies.

• Worker Transit Programs: All warehouse projects developed under the 2024 GPU shall provide workers with secure bike storage facilities with outlets for e- 652

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MORENO VALLEY DOES ORDAIN AS FOLLOWS:

Section 1. RECITALS

The above recitals are true and correct and are incorporated herein as though set forth at length herein.

Section 2. AUTHORITY

Section 3. PURPOSE

653