1 Ordinance No. 2026-XX
Date Adopted: September 01, 2026
ORDINANCE NO. 2026-XX
AN ORDINANCE OF THE CITY OF MORENO VALLEY AMENDING
CHAPTER 8.60 – THREATENED AND ENDANGERED SPECIES, OF
THE MORENO VALLEY MUNICIPAL CODE, TO ADOPT AND
IMPLEMENT THE UPDATED 2026 STEPHENS’ KANGAROO RAT
(SKR) HABITAT CONSERVATION PLAN MITIGATION FEE
ESTABLISHED BY THE RIVERSIDE COUNTY HABITAT
CONSERVATION AGENCY (RCHCA)
The City Council of the City of Moreno Valley Ordains as Follows:
Section 1. TITLE.
This ordinance shall be known as the 2026 Stephens' Kangaroo Rat Mitigation Fee Ordinance.
Section 2. FINDINGS.
The City of Moreno Valley finds and determines that:
(a) The Stephens' Kangaroo Rat is listed as a threatened species by the State of California Department of Fish and Wildlife.
(b) The U.S. Fish and Wildlife Service has listed the Stephens' Kangaroo Rat as an endangered species, effective October 31, 1988, pursuant to the Federal Endangered Species Act of 1973, 16 U.S.C. Section 1531 et. seq., which was downlisted to threatened on March 21, 2022. (c) Following the federal listing of the Stephens' Kangaroo Rat as a threatened species, occupied habitat of the species may not be altered without a Section 10(a) permit issued by the Secretary of the Interior. All requests for a Section 10(a) permit must be accompanied by a Habitat Conservation Plan approved by the U.S. Fish and Wildlife Service. Said permit will then allow for the loss of occupied habitat due to development on the basis that the Habitat Conservation Plan will provide protection for the species and guarantee its survival.
(d) Development within the historic range of the Stephens' Kangaroo Rat has resulted in loss and degradation of occupied Stephens' Kangaroo Rat habitat, increased isolation of Stephens' Kangaroo Rat populations, reduction of potential habitat areas for future colonization, and elimination of corridors which allow the species to relocate as environmental conditions warrant.
(e) The Stephens' Kangaroo Rat's survival cannot be insured on small, isolated acreages surrounded by, or in close proximity to, development or human populations.
(f) Impacts to the Stephens' Kangaroo Rat are not limited to loss or degradation of actually occupied habitat only.
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Date Adopted: September 01, 2026
(g) The successful completion and implementation of a Habitat Conservation Plan for the Stephens' Kangaroo Rat would be jeopardized by not implementing a procedure that requires review of each proposed development within the Fee Assessment Area to determine the best means of mitigating impacts to the Stephens' Kangaroo Rat.
(h) Each proposed development project shall be reviewed to determine the most appropriate course of action to ensure the survival of the species through one or more of the following: (1) on-site mitigation of impacts to the Stephens' Kangaroo Rat through the reservation or addition of lands included within or immediately adjacent to a potential habitat reserve site, or (2) payment of the Mitigation Fee set by this ordinance or (3) any combination of (1) and (2) consistent with the intent and purpose of this ordinance. A proposed development project may be referred, for review, to Federal and State resource agencies based upon criteria which may be established and agreed upon by the City and said agencies. (I) A program providing for off-site project mitigation in accordance with the development of a Habitat Conservation Plan will provide a mechanism for establishing sufficient habitat areas which can be effectively protected and managed for the Stephens' Kangaroo Rat's survival and recovery. (j) The Stephens’ Kangaroo Rat Habitat Conservation Plan provides a regional conservation and permitting framework necessary to allow development within the SKR Plan Area. All Mitigation Fees collected pursuant to the provisions of this ordinance shall be used for the development, preparation and implementation of a Habitat Conservation Plan for the Stephens' Kangaroo Rat, including, but not limited to, the management of habitat reserve sites, and for the application of a Section 10(a) permit under the Federal Endangered Species Act of 1973, as well as authorization to take the species pursuant to the California Endangered Species Act.
(k) Adoption of this ordinance will provide mitigation for projects within the historical range of the Stephens' Kangaroo Rat allowing said projects to proceed during the implementation of the updated Habitat Conservation Plan for the Stephens' Kangaroo Rat, provided said projects are not located in areas identified as and meeting the criteria for potential habitat reserve sites needed for the conservation of the species. The approval of such development projects could jeopardize the survival of the species and therefore would be inconsistent with a Habitat Conservation Plan, even if the Mitigation Fee is paid.
(l) Adoption and implementation of this ordinance demonstrates the City’s intent to cooperate with federal and state agencies to provide for the survival of the Stephens' Kangaroo Rat.
(m) The passage of this ordinance is intended to be consistent with the requirements of state and federal environmental legislation, including the California Environmental Quality Act.
(n) The Riverside County Habitat Conservation Agency Board of Directors adopted the 2026 SKR Habitat Conservation Plan Nexus Study on July 9, 3 Ordinance No. 2026-XX
Date Adopted: September 01, 2026
2026.
(o) The Nexus Study was made publicly available at least 30 days prior to the public hearing in compliance with Government Code section 66016. (p) The Nexus Study establishes the reasonable relationship and proportionality required under Government Code section 66001. (q) The City of Moreno Valley has reviewed and considered the Nexus Study and incorporates it herein by reference.
Section 3. PURPOSE.
The purpose of this Ordinance is to fund implementation of the Updated Stephens’ Kangaroo Rat Habitat Conservation Plan to maintain incidental take authorization for development within the SKR Plan Area. It is the further purpose of this ordinance to provide a method for mitigation of impacts to the Stephens' Kangaroo Rat caused by the loss of its habitat due to development during the implementation of the Updated Habitat Conservation Plan and provide for habitat mitigation to be identified in the Habitat Conservation Plan. Mitigation of impacts to the Stephens' Kangaroo Rat will be accomplished through the review of each proposed development project within the Fee Assessment Area to determine whether on-site mitigation through the reservation or addition of lands included within or immediately adjacent to a potential habitat reserve site or payment of the Mitigation Fee or a combination of both is appropriate and furthers the ultimate Habitat Conservation Plan objectives. A proposed development project may be referred, for review, to Federal and State resource agencies based upon criteria which may be established and agreed upon by the City and said agencies.
This ordinance provides for the establishment of this review process and satisfaction of on-site mitigation to protect potential habitat reserve sites or payment of the Mitigation Fee or a combination of both, which upon implementation will satisfy U.S. Fish and Wildlife Service, California Department of Fish and Wildlife.
Section 4. DEFINITIONS.
As used in this ordinance, the following terms shall have the following meanings:
(a) CITY COUNCIL. The City Council for the city of Moreno Valley. (b) CERTIFICATE OF OCCUPANCY. "Certificate of Occupancy" shall mean a certificate of occupancy as defined by Ordinance No. 457 or state law.
(c) CITY. The city of Moreno Valley
(d) DEVELOPMENT PERMIT. City approval of a tentative tract map, tentative parcel map, conditional use permit, public use permit, plot plan, surface mining permit, or grading permit pursuant to the provisions of all applicable city ordinances. Where a development project has been previously reviewed and approved pursuant to the provisions of this ordinance, any subsequent implementing development permit shall not be 4 Ordinance No. 2026-XX
Date Adopted: September 01, 2026
subject to further review under this ordinance.
(e) FEE ASSESSMENT AREA. All real property located within the area as described in Section 5 of this ordinance.
(f) FINAL INSPECTION. "Final Inspection" shall mean a final inspection as defined by Ordinance No. 457 or state law.
(g) HABITAT CONSERVATION PLAN. A plan prepared pursuant to Section 10(a) of the Federal Endangered Species Act of 1973, 16 U.S.C. Section 1539.
(h) MITIGATION FEE. The fee imposed pursuant to the provisions of this ordinance.
(i) PARCEL. All real property for which a development permit is applied for. (j) RESIDENTIAL UNIT. A building or portion thereof used by one (1) family and containing but one (1) kitchen and designed for single family residential purposes only.
(k) SECTION 10(a) PERMIT. A permit issued by the Secretary of the Interior pursuant to Section 10(a) of the Federal Endangered Species Act of 1973, 16 U.S.C. Section 1539.
(l) STEPHENS' KANGAROO RAT. An animal species known as Dipodomys Stephensi.
(m) GRADING PERMIT. "Grading Permit" shall mean a grading permit as defined by Ordinance No. 457, provided, however, that for purposes of this ordinance, 'grading permit' shall not include the following:
(1) A grading permit wherein grading was previously performed pursuant to a grading permit issued within one (1) year prior to November 15, 1988, and subsequently inspected and approved by the City of Moreno Valley Building and Safety. In addition, the area to be graded pursuant to said permit shall be the same or substantially the same area previously graded.
(2) A grading permit for real property upon which a detached or attached second unit will be constructed pursuant to Sections 18.28a and
18.28b of Ordinance 348.
Section 5. DESIGNATION OF THE FEE ASSESSMENT AREA.
(SEE ATTACHMENT A TO THIS ORDINANCE)
Section 6. MITIGATION FEE.
All applicants for development permits within the boundaries of the Fee Assessment Area who cannot satisfy mitigation requirements through on-site mitigation as determined through the environmental review process shall pay a Mitigation Fee of $900.00 per gross acre of the parcels proposed for development. However, for singlefamily residences on a single legally created lot, where the building permit is issued to an individual property owner and is not part of a subdivision, tract development, or any coordinated multi-unit residential development, a Mitigation Fee of $250.00 shall be paid; 5 Ordinance No. 2026-XX
Date Adopted: September 01, 2026
and for agricultural development which requires a development permit excluding the construction of single family residences in connection with said agricultural development, a Mitigation Fee of $500 per gross acre shall be paid.
Section 7. IMPOSITION OF FEE.
No development permit for real property located within the boundaries of the Fee Assessment Area shall be issued or approved except upon the condition that on-site mitigation will be provided as determined through the environmental review process or the Mitigation Fee required by this ordinance be paid, and it is determined that said development will not jeopardize the implementation of a Habitat Conservation Plan for the Stephens' Kangaroo Rat.
Section 8. PAYMENT OF FEE.
The Mitigation Fee shall be paid upon issuance of a grading permit or a certificate of occupancy or upon final inspection, whichever occurs first. Payment of the Mitigation Fee shall satisfy City conditions of approval previously placed on development permits with regard to impact mitigation for the Stephens' Kangaroo Rat which have not been previously satisfied and no further review and approval pursuant to the provisions of this ordinance shall be required.
For a parcel subject to a surface mining permit, the Mitigation Fee due pursuant to the provisions of this ordinance shall be paid prior to the commencement of the mining operation or in the alternative, may be paid in increments upon submission of an application for a special inspection permit under Ordinance No. 555 prior to the commencement of each phase of the mining operation authorized by the surface mining permit. Each increment of payment shall be equal to $1,950.00 multiplied by the sum of (1) the total number of surface acres of land within the applicable phase pursuant to the surface mining permit and (2) the quotient which results from dividing the total number of acres of land covered by the surface mining permit and subject to this ordinance, which are prohibited from disturbance or designated as setback or buffer areas pursuant to the surface mining permit, by the total number of approved phases. The total number of surface acres of land within each phase shall be determined through a physical survey prepared by a licensed surveyor or registered civil engineer.
Section 8.1. DEFERRAL OF PAYMENT OF THE FEE.
At the option of the applicant for a grading permit, payment of the Mitigation Fee may be deferred until the issuance of the first building permit within the parcels proposed for development. Prior to issuance of the grading permit, an instrument shall be recorded by the applicant in the City of Moreno Valley Public Works / Engineering Department which gives notice that prior to issuance of the first building permit, the entire Mitigation Fee as calculated prior to issuance of the grading permit shall be required to be paid.
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Date Adopted: September 01, 2026
Section 9. REDUCTION FOR NON-PROFIT ENTITIES.
The fees required pursuant to Section 6 shall be reduced by 75 percent for non-profit entities. For purposes of this section, non-profit entities shall be defined as those entities identified in 26 U.S.C. Section 501(c)(3).
Section 10. EXEMPTIONS.
For purposes of this ordinance, the following types of development shall not be required to pay the Mitigation Fee unless such development voluntarily participates in order to mitigate the disturbance of occupied Stephens' Kangaroo Rat habitat:
(a) Reconstruction of any structure damaged or destroyed by fire or other natural causes;
(b) Rehabilitation or remodeling of existing structures, or additions to existing structures;
(c) Development of any parcel for which the California Department of Fish and Wildlife and United States Fish and Wildlife Service has approved other mitigation procedures;
(d) Development of any parcel used by local, state or federal entities for governmental purposes (i.e. public works, schools);
(e) Development of any parcel for which the Mitigation Fee has been previously paid. However, in instances where the fee previously paid was the fee for single family residential development, wherein all lots within the development were greater than 1/2 gross acre in size, and the applicant for a development permit subsequently requests an increase in residential density or a change from a residential to a non-residential use, or in instances where the fee previously paid was the fee for agricultural development and the applicant for a development permit subsequently requests a change from an agricultural to a residential, commercial or industrial use, the fee shall be recalculated for the new density or use pursuant to the provisions of this ordinance. Any difference between the recalculated fee and the previously paid fee shall be required to be paid by the applicant. Development of any parcel for which approval of an amendment, minor change or revision to a tentative tract map or tentative parcel map is sought; or development of any parcel for which approval of a request for substantial conformance or a revised conditional use permit, public use permit or plot plan is sought; or development of any parcel for which approval of an application for substantial conformance or a minor change to a surface mining permit is sought; and all grading permits necessary for the development of the parcel have previously been issued.
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Date Adopted: September 01, 2026
Section 11. REFUND.
(1) In the event that the fee provided for by the final Habitat Conservation Plan is Less than the Mitigation Fee paid, the current property owner of record may apply for a partial refund of said fee. The amount of any refund due shall be determined by the City in its sole discretion after review of said application and shall be limited to the funds collected in excess of any amount received as a credit against the Habitat Conservation and Open Space Land Bank Fee pursuant to the provisions of Ordinance No. 659. (2) If an applicant for a grading permit has paid the Mitigation Fee pursuant to the provisions of this ordinance and said fee would not have been required to be paid, had Subsections (m)(l) and (2) of Section 4 of Ordinance No. 663 been in effect at the time of payment, the applicant may apply for a refund of the Mitigation Fee paid. The Building Director shall make the determination as to whether the applicant is entitled to a refund of the fee paid and shall provide a refund, if appropriate.
Section 12. FEE ADJUSTMENT.
The Mitigation Fee shall be that amount established by the Riverside County Habitat Conservation Agency Board of Directors, as may be amended from time to time, consistent with Government Code sections 66000 et seq. The Board of Supervisors hereby authorizes implementation of such fee as adopted by the RCHCA Board.
Beginning July 1, 2027, and annually thereafter, the fee shall be adjusted automatically based on the Consumer Price Index for All Urban Consumers (CPI-U) for the Los Angeles-Riverside-Orange County region, or a successor index.
Any adjustment to the mitigation fee that increases the fee beyond an authorized annual inflation adjustment shall be supported by findings consistent with Government Code section 66001 and shall be based upon an adopted or updated nexus study where required by law. Prior to adoption of any such adjustment, the nexus study and supporting data shall be made publicly available in accordance with Government Code section 66016, including posting at least thirty (30) days before the public hearing. Any substantive increase in the mitigation fee shall become effective no earlier than sixty (60) days following adoption, consistent with Government Code section 66017.
Adjustments to the Mitigation Fee shall be prospective only and shall become effective on the date specified in the adopting resolution, consistent with Government Code section 66017. The amount of the Mitigation Fee applicable to any development permit shall be the fee in effect at the time of payment. 8 Ordinance No. 2026-XX
Date Adopted: September 01, 2026
Nothing herein shall preclude the Board from considering changes in projected development levels, anticipated revenues, availability of other funding sources, or updated cost information in determining the appropriate Mitigation Fee amount.
Section 13. FEE ADMINISTRATION.
All Mitigation Fees collected pursuant to the provisions of this ordinance shall be deposited into a Mitigation Fee Account.
Funds in said account shall be expended solely for the development, preparation and implementation of a Habitat Conservation Plan for the Stephens' Kangaroo Rat, including the acquisition of habitat reserve sites, and for the application for a Section 10(a) permit under the Federal Endangered Species Act of 1973.
Section 14. VALIDITY.
This ordinance and the various parts, sections and clauses thereof are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid, the remainder of this ordinance shall not be affected thereby. If any part, sentence, paragraph, section or clause of this ordinance, or its application to any person or entity is adjudged unconstitutional or invalid, such unconstitutionality or invalidity shall affect only such part, sentence, paragraph, section or clause of this ordinance, or person or entity; and shall not affect or impair any of the remaining provisions, parts, sentences, paragraphs, sections or clauses of this ordinance, or its application of other persons or entities. The Board of Supervisors hereby declares that this ordinance would have been adopted had such unconstitutional or invalid part, sentence, paragraph, section or clause of this ordinance not been included herein; or had such person or entity been expressly exempted from the application of this ordinance.
Section 15. CREDIT.
Where a development project is subject to the provisions of a Development Agreement entered into with the City pursuant to the provisions of Government Code Section 65864 et seq. and the project involves the construction of residential units, the Mitigation Fee required to be paid pursuant to the provisions of this ordinance shall be reduced by $175.00 per residential unit.
Section 16. EFFECTIVE DATE.
Pursuant to Government Code section 66017, this Ordinance shall take effect sixty (60) days following adoption. The Mitigation Fee is a required component of the Updated Habitat Conservation Plan for the Stephens' Kangaroo Rat. Any development permit previously issued pursuant to Moreno Valley Municipal Code Chapter
8.60 – Threatened and Endangered Species and complying therewith shall be deemed to comply with this ordinance.
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Date Adopted: September 01, 2026
Section 17. 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 18. 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 19. CERTIFICATION
That the City Clerk shall certify to the passage and adoption of this Ordinance, enter the same in the book for original ordinances of the City, and make a minute of passage and adoption thereof in the records of the proceedings of the City Council, in the minutes of the meeting at which this Ordinance is passed and adopted. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
10 Ordinance No. 2026-XX
Date Adopted: September 01, 2026
APPROVED AND ADOPTED this _____ day of _______________, 2026. _________________________________
Ulises Cabrera
Mayor
City of Moreno Valley
ATTEST:
______________________________
M. Patricia Rodriguez, MMC, City Clerk
APPROVED AS TO FORM:
______________________________
Steven B. Quintanilla, City Attorney
11 Ordinance No. 2026-XX
Date Adopted: September 01, 2026
ORDINANCE JURAT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF MORENO VALLEY )
I, M. Patricia Rodriguez, MMC, City Clerk of the City of Moreno Valley, California, do hereby certify that Ordinance No. 2026-XX was duly and regularly adopted by the City Council of the City of Moreno Valley at a regular meeting thereof held on the 1st day of September, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
(Council Members, Mayor Pro Tem and Mayor)
_________________________________________
M. PATRICIA RODRIGUEZ, MMC, CITY CLERK
(SEAL)