Report to City Council
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TO: Mayor and City Council
FROM: Angelica Frausto-Lupo, Community Development
Department
AGENDA DATE: August 18, 2026
TITLE: ORDINANCE ADOPTING LOGISTICS USE FACILITIES
MITIGATION MEASURES NEGOTIATED WITH THE
CALIFORNIA ATTORNEY GENERAL’S OFFICE
(REPORT OF : COMMUNITY DEVELOPMENT )
(DISTRICT: ALL DISTRICTS)
TITLE SUMMARY: Ordinance Adopting Logistics Use Facilities Mitigation Measures Negotiated with the California Attorney General’s Office (PEN26-0055)
DISTRICT: All Districts
Recommendation(s)
That the City Council:
1. Find and determine that PEN26-0055 is exempt from the California Environmental Quality Act; and
2. Introduce (First Reading) Ordinance No. [next in order] adopting Logistics Use Facilities Mitigation Measures Negotiated with the California Attorney General’s Office and adopt (Second Reading) the same at a subsequent City Council meeting.
SUMMARY
On June 25, 2026, the Planning Commission at a duly noticed Public Hearing voted 5-0 to recommend that the City Council introduce and adopt the attached Ordinance Adopting
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Logistics Use Facilities Mitigation Measures Negotiated with the California Attorney General’s Office.
DISCUSSION
BACKGROUND
MoVal 2040 Project Approvals
On April 21, 2026, at the conclusion of a duly noticed Public Hearing, the City Council unanimously voted to:
1. Adopt Resolution No. 2026 -19, approving and adopting the Findings of Fact, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, and certifying the 2024 Revised Final Program Environmental Impact Report of the MoVal 2040 Project;
2. Adopt Resolution No. 2026-20, approving the 2024 General Plan Update and 2024 Climate Action Plan; and
3. Introduce (First Reading) Ordinance No. 2026-1042, approving the 2024 General Plan Update’s Associated Zoning Text and Zoning Atlas Amendments.
Subsequently, on May 5, 2026, the City Council unanimously voted to adopt (Second Reading) Ordinance No. 2026 -1042, approving the 2024 General Plan Update’s Associated Zoning Text and Zoning Atlas Amendments.
California Attorney General’s Office Negotiations
Prior to the above actions, the City Attorney’s Office, with the assistance of the Assistant City Manager (Development) and the Community Development Director, engaged in negotiations with the California Attorney General’s Office (AGO), between Nov ember 2025 and April 2026, regarding numerous air quality related mitigation measures which exceed the mandatory basic requirements of Assembly Bill 98 (AB 98) and Senate Bill 415 (SB 415). AB 98 and SB 415 established a wide range of statewide design and build standards for logistics use facility developments (also referred to as “warehouse projects”), with a particular focus on mitigating impacts on sensitive receptors such as schools, hospitals, daycare centers, and residential areas. Key prov isions of these standards address building design and location, parking and truck loading bays, landscape buffers, entry gates, signage , lighting, energy-efficiency measures such as, but not limited to, photovoltaic systems, battery storage, and electric vehicle charging readiness.
The AGO recommended that the following mitigation measures for air quality impacts be applied to all warehouse projects developed under the 2024 GPU, which again exceed the minimal requirements of AB 98 and SB 415.
Setbacks: All warehouse projects developed under the 2024 GPU shall be located at least 1,000 feet from sensitive receptors.
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Buffers: All warehouse projects developed under the 2024 GPU 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 Coverage: All logistic warehouse projects developed under the 2024 GPU shall ensure that the project parking lots have at least 35 percent of tree shade cover within 15 years of commencement of operations.
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 the abatement fund or designate its administration to a third party, which may require an 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 dock or parking spot to support an EV charger, and at least 50% of these shall be installed as 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-ins 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 South Coast Air Quality Management District (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 feas ible, 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 NOX diesel). All construction equipment idling shall be limited to 3
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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-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 spac es. 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.
Negotiations with the AGO concluded in April 2026 , and the above mitigation measures were duly incorporated in the Mitigation Monitoring and Reporting Program (MMRP) of the certified Revised Final Environmental Impact Report prepared for the MoVal 2040 Project that consisted of the 2024 General Plan Updat e, 2024 Climate Action Plan and Associated Zoning Text and Zoning Atlas Amendments. The purpose of the MMRP is to ensure that all environmental mitigation measures set forth in the Revised Final Environmental Impact Report are implemented and tracked.
In addition to incorporating the above mitigation measures in the MMRP, staff and the AGO agreed that the mitigation measures should be codified in the context of an Ordinance so there was no ambiguity as to their application and the scope of their application under various circumstances. As such, a draft Ordinance was prepared and presented to the Planning Commission for its review and consideration, after soliciting further input from residents and other stakeholders, as directed by the City Counc il as described below.
Community Workshop – May 13, 2026, at Palm Middle School Library At the conclusion of the April 21, 2026, City Council Public Hearing, at which time the City Council certified the 2024 Revised Final Program Environmental Impact Repo rt for the MoVal 2040 Project, adopted Resolution No. 2026 -20 approving the 2024 General Plan Update and 2024 Climate Action Plan, and introduced Ordinance No. 2026 -1042 approving the 2024 General Plan Update’s Associated Zoning Text and Zoning Atlas Amendments, staff was directed to hold a community workshop (Workshop) to solicit input from residents and other stakeholders regarding the aforementioned mitigation measures. In addition to the mitigation measures, staff added the proposed truck routes map to the Workshop agenda to solicit additional public input on the proposed elimination of certain truck routes and the realignment of others. To promote attendance, staff
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prepared a public 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. Approximately sixteen persons, including three City Planning Commissioners and District 2 Councilmember Ed Delgado, attended the Workshop. Also in attendance were representatives of the Sierra Club and the Center for Community Action and Environmental Justice. Staff in attendance included the Assistant City Manager (Development), Community Development Director , Public Works Director , Assistant City Engineer, Planning Official, Principal Planner, Associate Planner, and City Attorney. At the Workshop, the attendees were informed that their suggestions would be presented to the Planning Commission and City Council for their consideration.
Ordinance Adopting Logistics Use Facilities Mitigation Measures After the Workshop, staff prepared a redline version of the draft Ordinance negotiated with the AGO that included the recommende d revisions submitted by some of the Workshop attendees. This redline version of the draft Ordinance was submitted to the Planning Commission on May 28, 2026, at a duly noticed Public Hearing. However, the Planning Commission continued the Public Hearing to June 11, 2026, so that they would have sufficient time to review and digest the recommended revisions. However, after May 28, Mr. George Hague of the Sierra Club and Ms. Tatiana Flores of the Center for Community Action and Environmental Justice separately requested to meet with the City Attorney to discuss the proposed revisions to the draft Ordinance, which were submitted by the 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 submitted, which the City Attorney memorialized in another redlined version of the O rdinance that was submitted to the Planning Commission for its consideration. The Planning Commission Public Hearing was scheduled for June 11, 2026 but staff requested a continuance to June 25, 2026 to ensure the comments from Mr. Hague and the Center for Community Action and Environmental Justice were appropriately memorialized . On June 25 th, a fter receiving public testimony on the proposed Ordinance, the Planning Commission voted to recommend that the City Council adopt the proposed Ordinance that not only includes most of the revisions recommended by the Workshop attendees and the revisions recommended by Mr. Hague and representatives of the Center for Community Action and Environmental Justice after the Workshop, but also some additional revisions recommended by the Planning Commission. It should be noted that all of the revisions recommended by the Planning Commission further enhance and/or further clarify the initial mitigation measures negotiated with the AGO, and the AGO has not expressed any objections to the revisions.
The Ordinance will amend Title 9 (Planning & Zoning) of the Moreno Valley Municipal Code by adding a new chapter titled “Logistics Use Facilities Mitigation Measures.” As required by State law, the City provided 20 days’ advance notice of the Planning Commission Public Hearing and 10 days’ advance notice of the City Council Public Hearing. Once the Ordinance takes effect, it will apply prospectively to all logistic -type facilities (warehouse developments) approved under the newly amended 2024 General
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Plan (MoVal 2040), as required by law and negotiated with the AGO.
REVIEW PROCESS
As part of the standard review process, the Ordinance was circulated and reviewed by all appropriate City Departments and Di visions. Following staff review, City staff have confirmed that the Ordinance is consistent with the applicable Municipal Code findings described below.
Pursuant to 9.02.050 (Amendments to zoning districts or other provisions of Title 9) of Chapter 9.02 (Permits and Approvals) of Title 9 (Planning and Zoning) of the Municipal Code, amendments to Title 9, may be made if:
1. The proposed amendment is consistent with the general plan and its goals, objectives, policies, and programs, and with any applicable specific plan;
2. The proposed amendment will not adversely affect public health, safety or general welfare;
3. The proposed amendment is consistent with the purposes and intent of Title 9; and
4. The proposed amendment will provide public benefits to the general c ommunity beyond those that may be unilaterally imposed by the city through the traditional exaction process, which will enhance public safety services, promote public health, increase recreational opportunities, and improve general community services for children.
ENVIRONMENTAL
Notices of Determinations were filed with the County Clerk’s Office, as required under the California Environmental Quality Act (CEQA), for the final action taken on Resolution No. 2026-20, approving the 2024 General Plan Update and 2024 Climate Action Plan and the Second Reading of Ordinance No. 2026-1042, approving the 2024 General Plan Update’s Associated Zoning Text and Zoning Atlas Amendments, respectively.
As negotiated with the AGO, all the initial mitigation measures were a dded to the Mitigation Monitoring and Reporting Program (MMRP) of the 2024 Revised Final Project Environmental Impact Report (2024 RFEIR). Specifically, Mitigation Measure AQ-5 of the MMRP was enhanced to include additional design, construction, and operat ional requirements for logistics use developments developed under the 2024 GPU, as negotiated with the AGO. The negotiated mitigation measures added to Mitigation Measure AQ-5, which include Mitigation Measures AQ -5a through AQ-5b, will not result in any new significant impacts identified in the 2024 RFEIR, nor will they create any new or more severe impacts. Moreover, the additions to Mitigation Measure AQ -5, as negotiated with the AGO, do not rise to the level of significant new information in that they have all been adequately addressed in the 2024 RFEIR in a manner that did not necessitate recirculation of the 2024 RDEIR.
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In light of the foregoing, the Ordinance (PEN26 -0055) has been evaluated pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, and it has been determined that it qualifies for a CEQA categorical exemption under CEQA Guidelines Section 15308 and the CEQA common sense exemption under CEQA Guidelines Section 15061(b)(3), as described in the attached Moreno Valley Logistics Use Facility Mitigation Measures Ordinance - California Environmental Quality Act (CEQA) Sections 15061(b)(3) and 15308 Exemption Memorandum.
ALTERNATIVES
1. Introduce the Ordinances as presented to and recommended by the Planning Commission and adopt the Ordinances at a subsequent City Council meeting. Staff prefer this alternative.
2. Do not introduce and adopt the Ordinances. Staff does not recommend this alternative.
FISCAL IMPACT
No fiscal impacts are anticipated from the approval and adoption of the proposed Ordinance. However, it is anticipated that the proposed modifications will successfully address industrial regulations, which are expected to positively impact development and yield a positive fiscal impact for the City.
NOTIFICATION
Since the provisions of the Ordinance (PEN26-0055) will apply citywide, the notice of the Public Hearing was published in the Press -Enterprise Newspaper on August 7, 2026, which meets the State’s minimum 10 -day prior notice requirements for the City Council Public Hearing.
PREPARATION OF STAFF REPORT
Prepared By: Department Head Approval:
Claudia Manrique Angelica Frausto-Lupo
Associate Planner Community Development Director
Concurred By:
Sergio Madera
Planning Manager
CITY COUNCIL GOALS
Community Image, Neighborhood Pride and Cleanliness: Promote a sense of community pride and foster an excell ent image about our City by developing and executing programs which will result in quality development, enhanced neighborhood preservation efforts, including home rehabilitation and neighborhood restoration.
Positive Environment: Create a positive environm ent for the development of Moreno Valley's future.
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CITY COUNCIL STRATEGIC PRIORITIES
1. Economic Development
2. Public Safety
3. Library
4. Infrastructure
5. Beautification, Community Engagement, and Quality of Life
6. Youth Programs
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Report Approval Details
Document Title: STAFFREPORT_CC_MUNCIPAL CODE
AMENDMENT_PEN26-0055.docx
Attachments: - Mitigation Ordinance.docx
- Planning Commission Staff Report Items 6.25.26 rev.pdf Final Approval Date: Aug 11, 2026
This report and all of its attachments were approved and signed as outlined below:
Angelica Frausto-Lupo
Sean Kelleher
Anna Chacon
Felicia London, MPA
Launa Jimenez
Brian Mohan
Patty Rodriguez