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)
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)
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)
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.
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)
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.
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:
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.)
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:
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.
"AB 2011 mixed-income housing projects"
"AB 2011 100% affordable housing project"
"SB 6 projects"
"Commercial corridor"
"Dedicated to industrial use"
"Multiple-family,"
"Prevailing wage"
"Principally permitted use"
"Residential hotel"
Definitions.
For the purpose of this section, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
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.
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.
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.
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.
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.
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.
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.
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.
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)
