City of Moreno Valley, CA Chapter 9.04 COMMERCIAL DISTRICTS

§ 9.04.010 Purpose and intent.

A. It is the purpose of this chapter to provide regulations which implement those goals, objectives and policies of the general plan which are aimed toward the provision of commercial areas within the city. It is the further intent of this chapter to serve the retail and service commercial needs of Moreno Valley residents and businesses through the establishment of a specific, well-defined pattern of commercial activity which is conveniently located, efficient and attractive, with safe pedestrian and vehicular circulation.

B. In addition to the above, the commercial districts are included in the zoning regulations to achieve the following purposes:

1. To provide appropriately located areas for office uses, retail stores, service establishments and commercial commodities and services required by residents of the city and the surrounding market area;

2. To encourage concentration of office and commercial uses for the convenience of the public and to secure a more mutually beneficial relationship to each other;

3. To provide adequate space, off-street parking and loading areas to meet the needs of modern commercial development;

4. To minimize traffic congestion from commercial development and to avoid the overloading of utilities by restricting the construction of buildings of excessive size in relation to the amount of land around them;

5. To promote compatibility between commercial properties and adjoining noncommercial uses; and

6. To promote high standards of site planning, architecture and landscape design for office and commercial developments within the city.

(Ord. 359, 1992)

§ 9.04.020 Commercial development districts.

A. Office District (O). The primary purpose of the office (O) district is to provide areas for the establishment of park-like, office-based working environments for general business, corporate, professional and administrative offices. It is the further intent of this district to provide setbacks, landscaping and architectural treatments that ensure the location of such uses is relatively compatible with residential development in the vicinity.

B. Office Commercial District (OC). The primary purpose of the office commercial (OC) district is to provide for the establishment of business, corporate and administrative office, as well as commercial services which are supportive to major business developments. Retail facilities which support the office developments are permitted, subject to limitations specified in this section.

C. Village Commercial District (VC). The primary purpose of the village commercial (VC) district is to provide for office related and commercial development within the original Moreno townsite. It is the further intent of this district to promote development which recognizes the historic significance of the site and projects a "turn-of-the-century" architectural atmosphere, yet provides limited retail commercial services that are compatible with the surrounding residential community.

D. Neighborhood Commercial District (NC). The primary purpose of the neighborhood commercial (NC) district is to satisfy the daily shopping needs of Moreno Valley residents by providing construction of conveniently located neighborhood centers which provide limited retail commercial services. These centers must be compatible with the surrounding residential communities.

E. Community Commercial District (CC). The primary purpose of the community commercial (CC) district is to provide for the general shopping needs of area residents and workers with a variety of business, retail, personal and related or similar services.

(Ord. 359, 1992; Ord. 590 § 2, 2001)

§ 9.04.030 Permitted commercial uses.

For the commercial districts, unless otherwise expressly provided in this title, permitted uses are limited to those described in the permitted uses Table 9.02.020-1 in Section 9.02.020 of this title.

(Ord. 359, 1992)

§ 9.04.040 Commercial site development standards.

A. General Requirements. The following table sets forth minimum site development standards for all commercial and office zones. All sites shall conform to the dimensions set forth in this section. A development or center may, however, be a combination of many parcels totaling at least the required site size, but its design must be integrated and unified. In addition, projects must comply with the special requirements enumerated in subsection B, the performance standards included in Chapter 9.10 and any other applicable city ordinances, policies, and programs.

Table 9.04.040-7 Commercial Site Development Minimum Standards
Requirement	O	OC	VC	NC	CC
Minimum site area	10K1	10K	10K	10K	1ac2
Minimum site width, in feet	100	100	100	100	200
Minimum site depth, in feet	100	100	100	100	175
Front building setback, in feet3	20*	20*	20*	20*	10*
Side street building setback area, street sides, in feet3	20*	20*	20*	20*	10*
Lot coverage, maximum	60%	60%	—	—	—
Building height, in feet, maximum	See Special Requirements
Parking front street setback, in feet3	20	20	20	20	20
Parking side street setback, in feet3	15	15	15	15	15
Setback landscaping	All setbacks exclusive of required walkways and driveways will be landscaped planting areas

Notes:
1	The term "K" means 1,000.
2	The term "ac" means acre or acres.
3	Measured from property line after dedications for public rights-of-way.
*	Building areas above 30 feet shall be set back an additional five feet for every 10 feet of additional structure height unless otherwise approved by the planning commission.

On legal lots of record existing immediately prior to the date of adoption of the ordinance codified in this title, and which otherwise comply with all other provisions in this title and with all land use regulations existing immediately prior to adoption of the ordinance codified in this title, if any of such lots contain less than the minimum depths required by this section they need not provide a front building setback or landscaping greater than 20% of the depth of the property (excluding right-of-way area). The creation of new lots within these districts shall conform to these minimum dimensions, except in the case of condominium lots or lots within an integrated commercial center containing shared parking and access, in which case no minimums are established. Parcels created within integrated commercial centers are exempt from the site development standards stated herein, as they relate to minimum site areas, and minimum lot width and depth, as long as a conceptual development plan for the entire center has been developed and approved and if appropriate easements for reciprocal access parking and maintenance are provided.

B. Special Requirements.

1. Wherever a lot in any commercial district abuts a lot in any residential district, a minimum setback equal to the building height, but not less than 10 feet shall be required. A minimum of 10 feet nearest the district boundary line shall be landscaped.

2. Where off-street parking areas or drive-through aisles in commercial districts are situated so as to be visible from any street, screening in the form of a landscaped earthen berm, shrubs, or decorative wall three feet in height shall be erected between the street and the parking area.

3. In all commercial districts, required front building setback areas shall be landscaped. Such landscaping shall consist predominantly of plant materials except for necessary walks and drives.

4. Required rear and interior side building setback areas in any commercial district shall be used only for landscaping, pedestrian walkways, driveways, off-street parking or loading, recreational activities or facilities, and similar accessory activities.

5. In the office commercial district, all nonoffice uses permitted shall be supportive of office-based development. (See Table 9.02.020-1.)

6. In the office commercial district, all commercial and retail activities, other than offices, shall be limited to no more than 25% of the square footage of any building. In the case of a mixed-use development, no more than 25% of the total square footage of all buildings shall be devoted to commercial/retail uses, with the remaining 75% to be utilized for office.

7. Parking for each use shall comply with the requirements of Chapter 9.11.

8. Except as otherwise specified in this section, structures shall be constructed either on the property line or be set back at least three feet from the rear or interior side property line.

(Ord. 359, 1992; Ord. 497 § 1.4, 1996; Ord. 560 § 1.1 , 2000; Ord. 590 § 2, 2001; Ord. 616 §§ 2.2.3, 2.2.4, 2003; Ord. 643 § 2.1, 2003; Ord. 849 § 2.3, 2012)

§ 9.04.050 Affordable housing in commercial zones.

A. Purpose and Intent. This section is adopted pursuant to the provisions of Assembly Bill 2011, known as the "Affordable Housing and High Road Jobs Act of 2022," and Senate Bill 6, known as the "Middle Class Housing Act of 2022." The bills have been designed to help address the state's continuing housing crisis.

B. Applicability. This section establishes clear eligibility criteria for the use of commercial-zoned properties for multiple-family developments.

1. AB 2011 mixed-income housing projects are permitted in zoning districts where office, retail, or parking are a principally permitted use; and

2. AB 2011 100% affordable housing projects are permitted in zoning districts where office, retail, or parking are a principally permitted use; and

3. SB 6 projects are permitted in zoning districts where office, retail, or parking are a principally permitted use.

C. Application and Processing.

1. AB 2011 mixed-income housing projects and AB 2011 100% affordable housing projects that meet all the requirements of this section shall be ministerial and reviewed and processed with a plot plan application subject to conditions of approval.

2. SB 6 projects are processed as plot plan applications. Authority for approval of plot plans shall be vested with the planning commission. Plot plan applications shall be subject to major development review procedures pursuant to Section 9.02.030 of Chapter 9.02 (Permits and Approvals).

3. If the proposed project meets all SB 6 requirements (except noncompliance with zoning prohibiting residential use), then it may invoke SB 35 and the Housing Accountability Act. Government Code Section 65913.4 outlines the approval process for SB 35 projects.

4. Certain projects processed under AB 2011 are exempt from California Environmental Quality Act (CEQA), as set forth in AB 2011.

D. Site and Project Criteria for AB 2011. All projects must be multiple-family housing developments located within an urbanized area or urban cluster (designated by US Census Bureau) and in zoning districts where office, retail, or parking are principally permitted uses. Additional criteria required as follows:

1. One hundred percent affordable housing projects must:

a. Be on a parcel in an urban area, surrounded by urban uses, and not on a site or adjoined to any site where more than one-third of the square footage is dedicated to an industrial use (Section 65912.111(b)-(d)). Under AB 2011, parcels separated only by a street or highway are considered adjoined.

b. The site satisfies the requirements of Section 65913.4(a)(6)(B)-(K). (Section 65912.111(e).)

c. The units are subject to a recorded deed restriction of 55 years for rental units and 45 years for owner-occupied units.

d. Meet hazardous condition criteria as determined in a Phase I ESA. (Section 65912.111(c).)

e. Located more than 500 feet from a freeway and more than 3,200 feet from a facility that extracts or refines oil or natural gas. (Section 65912.111(d)-(e).)

f. Meets objective zoning standards based on enumerated criteria for determining development standards to apply. (Section 65912.111(f).)

2. Mixed-income eligible projects must:

a. Be on a parcel in an urban area, surrounded by urban uses, abuts a commercial corridor with a frontage along the corridor of at least 50 feet, is on a site of 20 acres or less, and is not on a site or adjoined to a site where more than one-third of the square footage is dedicated to industrial uses. (Section 65912.121(b)-(f).) Under AB 2011, parcels separated only by a street or highway are considered adjoined.

b. Be on a site that satisfies the requirements of Section 65913.4(a)(6)(B)-(K). (Section 65912.121(g).)

c. The development would not require the demolition of:

i. Housing subject to recorded covenant, ordinance or law that restricts rents to levels affordable to moderate, low or very low income households.

ii. Housing subject to rent price control.

iii. Housing occupied by tenants in the last 10 years, excluding manager's units.

iv. Any historic structure on a national, state or local historic register.

d. Not be on a site that was previously used for permanent housing that was occupied by tenants, excluding any manager's unit, that was demolished within 10 years before development proponents submits an application.

e. Vacant sites cannot contain tribal cultural resources or be located in a very high fire hazard severity zone. (Section 65912.121(j).)

f. Meet the following affordability criteria by providing:

i. For rental projects, eight percent very low income and five percent extremely low income affordable units; or

ii. Fifteen percent affordable for lower income households. (Section 65912.122(a).)

iii. All affordable units must have a recorded deed restriction for 55 years.

g. For owner-occupied housing:

i. Thirty percent of units offered as affordable to moderate income households; or

ii. Fifteen percent of units offered as affordable to lower income households. (Section 65912.122(b).)

iii. All affordable units must have a recorded deed restriction for 45 years.

h. Meet objective development standards. (Section 65912.123.)

i. For sites more than one acre in size and with more than 100 feet in width, provide a density of at least 60 units/acre. (Section 65912.123.)

j. Located more than 500 feet from a freeway and more than 3,200 feet from a facility that extracts or refines oil or natural gas. (Section 65912.123(g)-(h).)

k. Provide notice and specified protections to existing commercial tenants located on the site. (Section 65912.123(i).)

3. Affordable units in the project must have the same bedroom and bathroom count ratio as the market rate units, be equitably distributed within the project, and have the same type or quality of appliances, fixtures, and finishes.

4. Eligible projects must meet specified labor standard criteria, including payment of a prevailing wage, and, for larger projects (over 50 units), hire contractors that participate in apprenticeship programs. (Section 65912.130, 65912.131.)

5. Projects may be eligible for a density bonus, incentives or concessions, waivers, or parking ratios pursuant to Section 9.03.050 of Chapter 9.03 (Residential Districts).

E. Site and Project Criteria for SB 6 Projects. All projects must be multiple-family housing developments or mixed-use with at least 50% of the square footage dedicated to residential use located within an urbanized area or urban cluster (designated by US Census Bureau) and in zoning districts where office, retail, or parking are principally permitted uses. Additional criteria required as follows:

1. The project must meet specified density requirements of at least 30 units/acre for this parcel. (Section 65852.24(b)(1), Section 65583.2(c)(3)(B).)

2. Project site is 20 acres in size or less. (Section 65852.24(b)(4).)

3. Meets specified objective local requirements. (Section 65852.24(b)(5).)

4. The project is not on a site or adjoined to any site where more than one-third of the square footage is dedicated to an industrial use. (Section 65852.24(b)(6)(B)(i).)

5. The project is consistent with any applicable and approved sustainable community strategy or alternative plan. (Section 65852.24(b)(7).)

6. The project is either: (a) a public work (as defined in 65852.24(b)(8)(A)(i) for prevailing wage purposes; or (b) all construction labor will be paid a prevailing wage (along with other labor requirements). (Section 65852.24(b)(8)(A).)

7. The developer must provide written notice to any exiting commercial tenants. (Section 65852.24(c)(1).)

8. Mixed-use developments consisting of residential and nonresidential retail commercial or office uses are required to have at least 50% of the square footage of the new construction associated with the project designated for residential use. None of the square footage of any such development shall be designated for a hotel, motel, bed, and breakfast inn, or other transient lodging use, except for a residential hotel.

9. The housing development shall comply with any public notice, comment, hearing, or other procedures imposed by the local agency on a housing development in the applicable zoning designation.

F. Development Standards for AB 2011 Projects.

1. One hundred percent affordable housing projects must meet the following standards:

a. Project density meets or exceeds applicable density deemed appropriate to accommodate lower-income households pursuant to housing element law.

b. Development must meet objective zoning, subdivision, and design review standards for the zone that allows greater residential density between the following:

i. Existing zoning designation for the parcel if it allows multifamily residential use; or

ii. Zoning designation for the closest parcel that allows residential use at a density that is appropriate to accommodate lower income households pursuant to housing element law.

c. Development shall be deemed consistent with objective zoning standards related to housing density if compliant with maximum density allowed within the land use designation and regardless of any specified maximum unit allocation that may result in fewer units of housing being permitted.

2. Mixed-income housing projects must meet the following standards:

a. In metropolitan jurisdictions, the residential density shall meet or exceed the greater of the following:

i. The existing residential density permitted;

ii. For sites of less than one acre, 30 units/acre;

iii. For sites of one acre or greater located on a commercial corridor of less than 100 feet in width, 40 units/acre;

iv. For sites of one acre or greater located on a commercial corridor of 100 feet or greater width, 60 units/acre;

v. For sites within one-half mile of a major transit stop, 80 units/acre.

b. Height limit applicable shall be the greater of the following:

i. Height currently permitted on the parcel;

ii. For sites on a commercial corridor of less than 100 feet in width, 35 feet;

iii. For sites on a commercial corridor of 100 feet or more, 45 feet;

iv. For sites within one-half mile of a major transit stop in a city with a population of greater than 100,000, 65 feet.

c. No parking is required except for requirements related to bicycle parking, electric vehicle parking spaces or parking spaces accessible to persons with disabilities.

d. Projects are required to meet the following setback standards:

i. For the portion of a property that fronts a commercial corridor, no setbacks may be required except that all parking must be set back at least 25 feet and the ground floor of a building must abut within 10 feet of the property line for at least 80% of the frontage.

ii. For portions of the property that front a side street, the building must abut within 10 feet of the property line for at least 60% of the frontage.

iii. For portions of the property that abuts an adjoining property that also abuts the same commercial corridor, no setbacks may be required unless the adjoining property contains any residential use that was constructed prior to the enactment of AB 2011.

iv. Along property lines that abut a residential use, the ground floor shall be set back 10 feet. Starting with the second floor, each floor shall be stepped back in an amount equal to seven feet multiplied by the floor number.

v. Along property lines that abut non-residential use, the development shall be set back 15 feet.

G. Development Standards for SB 6 Projects.

1. Must comply with local zoning, parking, design, and other ordinances, local code requirements, and procedures applicable to the processing and permitting of a housing development in the zone that allows for housing with the requested density.

a. If more than one zoning designation allows for requested density, the applicable zoning standards shall be those for the zoning designation for the closest parcel that allows residential use at a density that is appropriate to accommodate lower-income households pursuant to housing element law.

b. If the existing zoning designation for the parcel allows residential density that exceeds housing element law density, the existing zoning designation applies.

2. The project must comply with all other objective local requirements for a parcel (except those that prohibit residential use or allow residential use only at a lower density), including impact fee requirements.

H. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"AB 2011 mixed-income housing projects"

shall refer to housing development project as set forth in AB 2011, Article 2 (Affordable Housing Developments in Commercial Zones), and is intended to refer to such projects which are subject to a streamlined, ministerial review, pursuant to Section 65912.114, subject to satisfying all requisite requirements, as set forth therein.

"AB 2011 100% affordable housing project"

shall refer to housing development project(s) as set forth in AB 2011, Article 3 (Mixed-Income Housing Developments Along Commercial Corridors), and is intended to refer to such projects which are subject to a streamlined, ministerial review pursuant to Section 65912.124, subject to satisfying all requisite requirements, as set forth therein.

"SB 6 projects"

shall refer to housing development project as set forth in SB 6, as codified in Section 65852.24, subject to the streamlined, ministerial approval process, satisfying all requisite requirements therein.

"Commercial corridor"

means a highway, as defined in Vehicle Code Section 360, that is not a freeway, as defined in Vehicle Code Section 332, and that has a right-of-way, as defined in Vehicle Code Section 525, of at least 70 feet but not greater than 150 feet.

"Dedicated to industrial use"

means any of the following: (1) square footage is currently being used as industrial use; (2) more recently permitted use of the square footage is an industrial use; or (3) site was designated for industrial use in local government's latest general plan adopted before January 1, 2022.

"Multiple-family,"

as used in this section, means a property with five or more housing units for sale or for rent. There is no requirement that the housing units be attached.

"Prevailing wage"

means at least the general prevailing rate or per diem wages for the type of work and the geographic area as determined by the director of industrial relations pursuant to Labor Code Sections 1773 and 1773.9, except apprentices registered in programs approved by the chief of the division of apprenticeship standards may be paid at least the applicable apprentice prevailing rate. The same definition is used in both AB 2011 and SB 6.

"Principally permitted use"

means a use that may occupy more than one-third of the square footage of designated use on the site and does not require a conditional use permit.

"Residential hotel"

has the same meaning as defined in Section 50519 of the Health and Safety Code.

I. Interpretation. If any portion of this section conflicts with AB 2011, SB 6, or other applicable state law, state law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with AB 2011 and SB 6.

(Ord. 999 § 6, 2023)