City of Moreno Valley, CA Chapter 9.09 SPECIFIC USE DEVELOPMENT STANDARDS

§ 9.09.010 Purpose and intent.

Certain activities and uses, due to their nature, may have the opportunity to create more significant impacts upon the community than others. As a result, specific regulation of these activities and uses is warranted. The purpose of this chapter is to identify and regulate such uses in districts permitting those uses, in order to ensure the maintenance of the public health, safety and welfare in accordance with the goals, objectives, policies and implementation programs of the general plan.

(Ord. 359, 1992)

§ 9.09.020 Applicability.

In addition to the standards contained in the various districts established by this title, as well as the provisions of Chapters 9.08 and 9.10, the activities and uses covered or de scribed in this chapter where otherwise permitted within the district in which they are to be located, whether by right or by permit or approval, shall also comply with the provisions contained herein, unless a determination is made by the decision-making body that the purposes intended thereby can be served by an alternative that adequately protects the public health, safety and welfare.

(Ord. 359, 1992; Ord. 455 § 1.1, 1995)

§ 9.09.030 Adult businesses.

A. Purpose. It is the purpose and intent of this section to regulate the operations of adult businesses, which tend to have judicially recognized adverse secondary effects on the community, including, but not limited to, increases in crime in the vicinity of adult businesses; decreases in property values in the vicinity of adult businesses; increases in vacancies in residential and commercial areas in the vicinity of adult businesses; interference with residential property owners' enjoyment of their properties when such properties are located in the vicinity of adult businesses as a result of increases in crime, litter, noise, and vandalism; and deterioration of neighborhoods. Special regulation of these businesses is necessary to prevent these adverse secondary effects and the blighting or degradation of the neighborhoods in the vicinity of adult businesses while at the same time protecting the First Amendment rights of those individuals who desire to own, operate or patronize adult businesses.

It is, therefore, the purpose of this section to establish reasonable and uniform operational standards for adult businesses.

B. Definitions. In addition to any other definitions contained in Chapter 9.15 and elsewhere in the Moreno Valley Municipal Code, the following words and phrases shall, for the purpose of this section, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with the current provisions of the municipal code, these definitions shall prevail.

"Adult arcade"

means a business establishment to which the public is permitted or invited and where coin or currency, card or slug operated or electronically, electrically or mechanically controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas." Such devices shall be referred to as "adult arcade devices."

"Adult booth/individual viewing area"

means a partitioned or partially enclosed portion of an adult business used for any of the following purposes:

1. Where a live or taped performance is presented or viewed, where the performances and/or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas"; or

2. Where "adult arcade" devices are located.

"Adult business"

means:

1. A business establishment or concern that as a regular and substantial course of conduct operates as an adult retail store, adult motion picture theater, adult arcade, adult cabaret, adult motel or hotel, adult modeling studio; or

2. A business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes "adult oriented material" or "sexually oriented merchandise," or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" but not including those uses or activities which are preempted by state law.

"Adult cabaret"

means a business establishment (whether or not serving alcoholic beverages) that features "adult live entertainment."

"Adult hotel/motel"

means a hotel or motel that is used for presenting on a regular and substantial basis images through closed circuit television, cable television, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices that are distinguished or characterized by the emphasis on matter depicting or describing or relating to "specified sexual activities" or "specified anatomical areas."

"Adult live entertainment"

means any physical human body activity, whether performed or engaged in, alone or with other persons, including, but not limited to, singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which:

1. The performer (including, but not limited to, topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar performers) exposes to public view, without opaque covering, "specified anatomical areas;" and/or

2. The performance or physical human body activity depicts, describes, or relates to "specified sexual activities" whether or not the specified anatomical areas are covered.

"Adult modeling studio"

means a business establishment which provides for any form of consideration, the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays "specified anatomical areas" to be observed, sketched, photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such consideration. "Adult modeling studio" does not include schools maintained pursuant to standards set by the Board of Education of the state of California.

"Adult motion picture theater"

means a business establishment, with or without a stage or proscenium, where, on a regular and substantial basis and for any form of consideration, material is presented through films, motion pictures, video cassettes, slides, laser disks, digital video disks, holograms, virtual reality devices, or other electronically-generated reproductions that is characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

"Adult oriented material"

means accessories, paraphernalia, books, magazines, laser disks, compact discs, digital video disks, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically generated images or devices including computer software, or any combination thereof that is distinguished or characterized by its emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." "Adult oriented material" shall include "sexually oriented merchandise."

"Adult retail store"

means a business establishment having as a regular and substantial portion of its stock in trade, "adult oriented material."

"Child day care facility"

means any child day care facility as defined in Section 1596.750 of the California Health and Safety Code other than family day care homes.

"Establishment of an adult business"

means any of the following:

1. The opening or commencement of any "adult business" (as defined above) as a new business;

2. The conversion of an existing business, whether or not an "adult business," to any "adult business;"

3. The addition of any "adult business" to any other existing "adult business;"

4. The relocation of any "adult business;" or

5. Physical changes that expand the square footage of an existing "adult business" by more than 10%.

"Owner/permit holder"

means any of the following:

1. The sole proprietor of an adult business;

2. Any general partner of a partnership that owns and operates an adult business;

3. The owner of a controlling interest in a corporation that owns and operates an adult business; or

4. The person designated by the officers of a corporation to be the permit holder for an adult business owned and operated by the corporation.

"Park"

means any park, playground, swimming pool, or golf course within the city that is under the city's or the Moreno Valley Community Services District's control, operation and management.

"Performer"

means a person who is an employee or independent contractor of an adult business or any other person who, with or without any compensation or other form of consideration, provides adult live entertainment for patrons of an adult business.

"Religious institution"

means a structure or facility that is used primarily for religious worship and related religious activities.

"Residential zone"

means any property within the city which carries a zoning designation permitting the location of a residence, as set forth in the current zoning atlas, as may be amended from time to time. However, this does not include zones where a residence is permitted pursuant to a conditional use permit or other special permit. "Residential zone" also includes Specific Plan 168, Sunnymead Ranch, Specific Plan 193 Moreno Valley Ranch, Specific Plan 195 Hidden Springs, Specific Plan 200 Towngate, and Specific Plan 203 Centerpointe as set forth in the current zoning atlas, as may be amended from time to time.

"School"

means any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and/or which is maintained pursuant to standards set by the Board of Education of the state of California. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education under the jurisdiction of the California Department of Education. For the purposes of this section, "school" does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

"Sexually oriented merchandise"

means sexually oriented implements, paraphernalia, or novelty items, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

"Specified anatomical areas"

means and includes any of the following:

1. Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct, even if completely and opaquely covered:

a. Human genitals, pubic region;

b. Buttocks, anus; or

c. Female breasts below a point immediately above the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely or opaquely covered.

"Specified sexual activities"

means and include any of the following:

1. Simulated sexual intercourse; and/or

2. Human genitals in a state of sexual stimulation or arousal; and/or

3. Acts of human masturbation, sexual stimulation or arousal; and/or

4. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or

5. Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, or bondage and/or restraints; and/or

6. Human excretion, urination, menstruation, vaginal or anal irrigation; and/or

7. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

C. Locational Restriction—Distance From Sensitive Uses.

1. In addition to the requirements of this section, no adult businesses shall be established or located in any area in the city other than in a zoning district indicated by an "A" in the Adult Business category of the Permitted Uses Table 9.02.020-1 of this title.

2. In those zoning district(s) where the adult businesses regulated by this section would otherwise be permitted uses, it shall be unlawful to establish any adult business if the location is:

a. Within 500 feet of any existing residential zone, park, religious establishment, school, or child day care facility. The distances set forth above shall be measured from the nearest property line of the facility or tenant space housing the adult business or the proposed adult business, and the nearest property line included within the residential zone, park, religious establishment, school or child day care facility, along a straight line extended between the two points.

b. Within 1,000 feet of any other adult business. The distance between any two adult businesses shall be measured from the nearest property line of the facility or tenant space housing such use or proposed use to the nearest straight line distance to the property line of the proposed use.

3. No building permit or zoning clearance, business tax receipt, adult business use permit, or other permit or entitlement for use shall be legally valid if issued to any adult business proposed to operate or to be established in the city unless the zoning and locational requirements set forth above are satisfied.

D. Adult Business Use Permit Required. All adult businesses that meet the zoning and locational requirements set forth in this section are also subject to the adult business use permit requirements of this section as well as all other applicable ordinances of the city and laws of the state of California.

1. It shall be unlawful for any person to establish, operate, engage in, conduct, or carry on any adult business within the city of Moreno Valley unless the person first obtains, and continues to maintain in full force and effect, an adult business use permit as herein required. Any occurrence of the "establishment of an adult business," as defined in subsection B of this section, shall require a new application for an adult business use permit. The adult business use permit shall be subject to the development and operational standards contained in subsection F of this section.

2. The city community development director ("director") or designee shall grant or deny adult business use permits in accordance with these regulations.

3. Permit applicants shall file a written, signed, and verified application containing the following information and be accompanied by the following documents:

a. If the permit applicant is an individual, the individual shall state his or her legal name, including any aliases, and address, and shall submit satisfactory written proof that he or she is at least 18 years of age;

b. If the permit applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, and whether the partnership is general or limited; and shall attach a copy of the partnership agreement, if any;

c. If the permit applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the state of California, the names and capacities of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process;

d. A signed and verified statement that the permit applicant, if an individual, or partners, officers, directors, if a partnership or corporation, has not pled guilty or nolo contendere or been convicted of an offense classified by this or any other state as a sex or sex-related offense, and: (i) more than two years have elapsed since the date of conviction or the date of release from confinement for a conviction to the date of application, whichever is the later date, if the conviction is a misdemeanor; (ii) more than five years have elapsed since the date of conviction or the date of release from confinement for a conviction to the date of application, whichever is the later date, if the conviction is a felony; or (iii) more than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction to the date of application, whichever is the later date, if the convictions are two or more misdemeanors or combination of misdemeanors offenses occurring within any 24 month period;

e. The permit applicant(s) shall sign the application. All persons who sign the application must also provide names, aliases, addresses, and date(s) of birth;

f. If the permit applicant intends to operate the adult business under a name other than that of the permit applicant, the permit applicant shall file the fictitious name of the adult business and show proof of registration of the fictitious name;

g. A description of the type of adult business for which the permit is requested and the proposed address where the adult business will operate, plus the names and addresses of the owners and lessors of the adult business site;

h. The names of all employees, independent contractors, and other persons who will perform at the adult business, who are required by Section 11.07.020 to obtain an adult business performer license;

i. The address to which notice of action on the application is to be mailed;

j. A dimensioned floor plan showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult business. The sketch or diagram need not be professionally prepared but must be oriented to the north or some other designated street or object and drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches;

k. A site plan prepared within 30 calendar days prior to the application depicting the building and the portion, thereof to be occupied by the adult business, marked to show the primary entrance, and: (i) the nearest property line of the unit or structure in which all other adult businesses within 1,000 feet of the nearest property line of the unit or structure in which will be located the adult business for which a permit is requested; and (ii) the property lines of any residential zone, religious institution, school, park, or child day care facility within 500 feet of the nearest property line of the unit or structure in which the adult business will be located and for which a permit is requested;

l. A diagram of the off-street parking areas and entries to the premises of the adult business, also showing the location of the lighting system required by Section 9.09.030(F).

4. The completed application shall be accompanied by a non-refundable application fee. The amount of such fees shall be set by the city council.

5. The completeness of an application for an adult business use permit shall be determined by the director within five business days of its submittal. If the director determines that the permit application is incomplete, the director shall immediately notify in writing the permit applicant of such fact and the reasons therefor, including any additional information necessary to render the application complete. Such writing shall be deposited in the U.S. mail, postage prepaid, immediately upon determination that the application is incomplete. Within five business days following the receipt of an amended application or supplemental information, the director shall again determine whether the application is complete in accordance with the provisions set forth above. Evaluation and notification shall occur as provided herein until such time as the application is found to be complete.

6. The fact that a permit applicant possesses other types of state or city permits or licenses does not exempt the permit applicant from the requirement of obtaining an adult business use permit.

E. Review and Action on Application for Adult Business Use Permit.

1. Upon receipt of a completed application and payment of the application and permit fees, the director shall immediately write or stamp the application "Received" and, in conjunction with city staff, shall promptly review the information contained in the application to determine whether an adult business use permit shall be granted. Investigation shall not be grounds for the city to unilaterally delay in reviewing a completed application, nor is it grounds to extend the time period to conduct a hearing pursuant to this section.

2. Within 30 calendar days of receipt of the completed application, the investigation shall be completed and the director shall notice and conduct a public hearing with notice of such hearing to be made pursuant to California Government Code Sections 65091 and 65905.

3. In reaching a decision, the director shall not be bound by the formal rules of evidence in the California Evidence Code.

4. The director shall render a written decision on the application for an adult business use permit within five business days of the public hearing required by this section. The failure of the director to render any decision within the time frames established in any part of this section shall be deemed to constitute an approval, subject to appeal to the city council, pursuant to subsection I of this section. The director's decision shall be hand delivered or mailed to the applicant at the address provided in the application, and shall be provided in accordance with the requirements of this code. Any posted notices shall remain for at least 10 calendar days and mailed to all property owners within 600 feet of the adult business.

5. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request in writing additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the city of the pending application. Extensions of time sought by applicants shall not be considered delay on the part of the city or constitute failure by the city to provide for prompt decisions on applications.

6. The director shall grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:

a. The director shall write or stamp "Approved" or "Denied" on the application and date and sign such notation.

b. If the application is denied, the director shall attach to the application a statement of the reasons for the denial.

c. If the application is approved, the director shall attach to the application an adult business use permit.

7. The director shall approve the application and issue the adult business use permit upon findings that the proposed business meets the locational criteria of subsection C of this section and that the permit applicant has met, or will meet, all of the development and operational standards and requirements of this section, unless the application is denied based upon one or more of the criteria set forth in subsection (E)(10) of this section.

8. If the director approves the application, the applicant may begin operating the adult business for which the permit was sought, subject to strict compliance with the development and operational standards and requirements of subsection F of this section.

9. The permit holder shall post the permit conspicuously in the premises of the adult business.

10. The director shall deny the application if the applicant fails to establish any of the following:

a. The adult business complies with the zoning and locational standards found in Section subsection C of this section.

b. The adult business complies with the development, operational or performance standards found in subsection F of this section.

c. The permit applicant or applicant's designated representative when dealing with a corporate entity ("collectively the applicant") is at least 18 years of age.

d. The required application fees have been paid.

e. The application complies with subsection (D)(3) of this section.

f. The applicant has not pled guilty, nolo contendere or been convicted of an offense classified by this or any other state as a sex-related offense: and (i) less than two years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of application, whichever is the later date, if the conviction is a misdemeanor; or (ii) less than five years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of application, whichever is the later date, if the conviction is a felony; or (iii) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction to the date of application, whichever is the later date, if the convictions are two or more misdemeanors or combination of misdemeanor offenses occurring within any 24 month period.

11. A person cannot re-apply for an adult business use permit for a particular location within one year from the date of prior denial.

12. Any affected person may appeal the decision of the director in writing within five business days in accordance with the provisions of subsection I of this section.

F. Development and Operating Standards.

1. Hours of Operation. It shall be unlawful for any owner, operator, manager or employee of an adult business to allow such adult business to remain open for business, or to permit any employee or performer to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of twelve a.m. and ten a.m. of any day excepting here from an "adult hotel/motel."

2. Exterior Lighting Requirements. All exterior areas, including parking lots, of the adult business shall be illuminated at a minimum of one foot-candle, maintained and evenly distributed at ground level with appropriate devices to screen, deflect or diffuse the lighting in such manner as to prevent glare or reflected light from creating adverse impacts on adjoining and nearby public and private properties. Inoperable and/or broken lights shall be replaced within 24 hours.

3. Interior Lighting Requirements. All interior areas of the adult business excepting therefrom adult hotels/motels shall be illuminated at a minimum of 10 foot-candle, maintained and evenly distributed at floor level. Inoperable and/or broken lights shall be replaced within 24 hours.

4. Regulation of Adult Booth/Individual Viewing Area.

a. No adult booth/individual viewing area shall be occupied by more than one individual at a time.

b. Each adult booth/individual viewing area within the adult business shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and shall not be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing the entire interior of the adult booth/individual viewing area from the main aisle. A manager shall be stationed in the main aisle at all times. Further, no one shall maintain any adult booth/individual viewing area in any configuration unless the entire interior wherein the picture or entertainment is viewed is visible from one main aisle. The entire body of any patron in any adult booth/individual viewing area must be visible from the main aisle without the assistance of mirrors or other device.

c. No doors are permitted on an adult booth/individual viewing area. No partially or fully enclosed adult booth/individual viewing areas or partially or fully concealed adult booth/individual viewing areas shall be permitted.

d. No holes or other openings (commonly known as "glory holes") shall be permitted between adult booths/individual viewing areas. Any such hole or opening shall be repaired within 24 hours using "pop" rivets to secure metal plates over the hole or opening to prevent patrons from removing the metal plates.

e. No beds shall be permitted in an adult booth/individual viewing area.

5. On-Site Manager—Security Measures. All adult businesses shall have a responsible person who shall be at least 21 years of age and shall be on the premises to act as manager at all times during which the business is open. No performer may serve as the manager. The individual(s) designated as the on-site manager shall provide his or her name to the director to receive all complaints and be given by the owner and/or operator the responsibility and duty to address and immediately resolve all violations taking place on the premises.

6. Interior of Premises. No exterior door or window on the premises of an adult business shall be propped or kept open at anytime while the business is open and any exterior windows shall be covered with opaque coverings at all times.

7. Signs. All adult businesses shall comply with the following sign requirements in addition to those of the Moreno Valley Municipal Code. Should a conflict exist between the requirements of the Moreno Valley Municipal Code and this subsection, the more restrictive shall prevail.

a. If an adult business does not serve alcohol, it shall post a notice inside the establishment, within 10 feet of every entrance used by customers for access to the establishment, stating that persons below the age of 18 years of age are prohibited from entering onto the premises or within the confines of the adult business. This notice shall be posted on a wall in a place of prominence. The dimensions of the notice shall be no less than six inches by six inches, with a minimum typeface of 25 points on contrasting background. If the adult business serves alcohol, it shall comply with all notice and posting requirements of the alcoholic beverage control department.

b. No adult oriented material shall be displayed in window areas or any area where it would be visible from any location other than within the confines of the adult business.

8. Regulation of Public Restroom Facilities. If the adult business is required to provide restrooms for patron use, it shall provide separate restroom facilities for male and female patrons. The restrooms shall be free from adult oriented material. Only one person shall be allowed in each restroom at any time, unless otherwise required by law, in which case the adult business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The attendant shall ensure that no person of the opposite sex is permitted into the restroom, and that not more than one person is permitted to enter a restroom stall, unless otherwise required by law, and that the restroom facilities are used only for their intended sanitary purposes. Access to restrooms for patron use shall not require passage through an area used as a dressing area by performers.

9. Trash. All interior trash cans shall be emptied into a single locked trash bin lined with a plastic bag at least once a day.

10. Adult Live Entertainment Additional Operating Requirements. The following additional requirements shall apply to adult businesses providing adult live entertainment:

a. No person shall perform adult live entertainment for patrons of an adult business except upon a permanently fixed stage at least 18 inches above the level of the floor.

b. No performer shall be within 10 feet of a patron while the performer is performing. This 10 foot separation shall be marked by a continuous railing or other physical barrier designed to obstruct any contact between the performer and the patron(s).

c. No performer shall have physical contact with any patron, and no patron shall have physical contact with any performer, while the performer is performing on the premises. In addition, while on the premises, no performer shall have physical contact with a patron and no patron shall have physical contact with a performer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person's body either before or after any adult live entertainment by such performer. This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one inch in size. And, if necessary, patrons shall also be advised of the separation and no touching requirements by employees or independent contractors of the establishment.

d. All persons, except therefrom performers while performing on the fixed stage, while on or about the premises or tenant space, shall wear at a minimum an opaque covering which covers their specified anatomical areas.

e. If patrons wish to pay or tip performers, payment or tips shall be placed in containers placed at least 10 feet from the stage or other area used by the performers. Patrons shall not throw money to performers, hand money directly to performers, place money in the performers' costumes or otherwise place or throw money on the stage. Patrons shall be advised of this requirement by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one inch in size.

f. The adult business shall provide dressing rooms for performers, that are separated by gender and exclusively dedicated to the performers' use and which the performers shall use. Same gender performers may share a dressing room. Patrons shall not be permitted in dressing rooms.

g. The adult business shall provide an entrance/exit to the establishment for performers that is separate from the entrance/exit used by patrons, which the performers shall use at all times.

h. The adult business shall provide access for performers between the stage and the dressing rooms that is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum three foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of (and which actually results in) preventing any physical contact between patrons and performers and the patrons must also be seven feet away from the walk aisle. Nothing in this section is intended to exempt the adult business from compliance with the provisions of Title 24 of the California Code of Regulations pertaining to accessibility.

i. Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between performers and patrons required by this subsection.

11. Adult Motion Picture Theater—Additional Operating Requirements. The following additional requirements shall apply to adult motion picture theaters:

a. If the theater contains a hall or auditorium area, the area shall comply with each of the following provisions:

i. Have individual, separate seats, not couches, benches, or the like, to accommodate the maximum number of persons who may occupy the hall or auditorium area;

ii. Have a continuous main aisle alongside the seating areas in order that each person seated in the hall or auditorium area shall be visible from the aisle at all times;

iii. Have a sign posted in a conspicuous place at or near each entrance to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number shall not exceed the number of seats within the hall or auditorium area; and

b. If an adult motion picture theater is designed to permit outdoor viewing by patrons seated in automobiles, it shall have the motion picture screen so situated, or the perimeter of the establishment so fenced, that the material to be seen by those patrons may not be seen from any public right-of-way, child day care facility, public park, school, or religious institution or any residentially zoned property occupied with a residence.

G. Transfer of Adult Businesses or Adult Business Use Permits.

1. A permit holder shall not operate an adult business under the authority of an adult business use permit at any place other than the address of the adult business stated in the application for the permit.

2. In the event of a transfer of ownership of the adult business or the adult business use permit, the new owner shall be fully informed of the requirements of this division, including the operational and development standards of subsection F of this section and the provisions relating to adult business performer licenses.

3. In the event of a transfer of the adult business or the adult business use permit, the transferee must provide the director with the following information within seven business days of the transfer:

a. If the transferee is an individual, the individual shall state in writing his or her legal name, including any aliases, and address, and shall submit satisfactory written proof that he or she is at least 18 years of age.

b. If the transferee is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, and whether the partnership is general or limited; and shall attach a copy of the partnership agreement, if any.

c. If the transferee is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the state of California, the names and capacities of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process.

d. The names of all employees, independent contractors, and other persons who will perform at the adult business, who are required by Section 11.07.020 to obtain an adult business performer license.

H. Suspension or Revocation of Adult Business Use Permits.

1. On determining that grounds for permit suspension or revocation exist, the director or designee shall furnish written notice of the proposed suspension or revocation to the permit holder. Such notice shall set forth the time and place of a public hearing and the ground or grounds upon which the hearing is based, the pertinent Moreno Valley Municipal Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permit holder, or shall be delivered to the permit holder personally, at least 10 days prior to the hearing date. Public hearings pursuant to this section shall be noticed in accordance with Government Code Sections 65091 and 65905 and conducted by the city manager or designee, which designee may include a retired judge. Public hearings pursuant to this section shall be conducted in accordance with procedures established by the city manager but, at a minimum shall include the following:

a. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues and may be represented by counsel.

b. The city manager or designee shall not be bound by the formal rules of evidence.

c. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness at the request of the permit holder. Extensions of time or continuances sought by a permit holder shall not be considered delay on the part of the city or constitute failure by the city to provide for prompt decisions on permit suspensions or revocations.

d. The city manager or designee's decision may be appealed in accordance with subsection I of this section.

2. A permit may be suspended or revoked based on the following causes arising from the acts or omissions of the permit holder, or an employee, independent contractor, partner, director, or manager of the permit holder:

a. The building, structure, equipment, or location used by the adult business fails to comply with all provisions of these regulations and this section relating to adult businesses, including the adult business development and operational standards contained in subsection F of this section, and all other applicable building, fire, electrical, plumbing, health, and zoning requirements of the Moreno Valley Municipal Code.

b. The permit holder has failed to obtain or maintain all required city permits.

c. The permit holder has made any false, misleading, or fraudulent statement of material fact in the application for an adult business use permit.

d. The permit is being used to conduct an activity different from that for which it was issued.

e. The permit holder has failed to submit and/or update the information pertaining to performers in accordance with subsection D of this section.

f. That an individual employed by the adult business (whether classified as an employee or independent contractor) has been convicted of two or more sex-related offenses that occurred in or on the licensed premises within a 12 month period and was an employee of the adult business at the time the offenses were committed.

g. That the use for which the approval was granted has ceased to exist or has been suspended for six months or more.

h. That the transferee/new owner of an adult business or adult business use permit failed to comply with the requirements of subsection G of this section.

i. The permit holder, partner, director, or manager has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult business; or a permittee has been convicted of violating any of the following state laws on the premises of the adult business:

i. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.

ii. Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur.

iii. Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code.

iv. The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, 318 of the California Penal Code.

v. Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including, but not limited to, Sections 311 through 313.4.

vi. Any act constituting a felony involving the sale, use, possession, or possession for sale of any controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code.

vii. An act or omission in violation of any of the requirements of this division if such act or omission is with the knowledge, authorization, or approval of the permit holder or is as a result of the permit holder's negligent supervision of the employees of the adult facility. This includes the allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property.

3. After holding the hearing in accordance with the provisions of this section, if the city manager or designee finds and determines that there are grounds for suspension or revocation, the planning commission shall impose one of the following:

a. Suspension of the permit for a specified period not to exceed six months; or

b. Revocation of the permit. The city manager or designee shall render a written decision that shall be hand delivered or overnight mailed to the permit holder within five business days of the public hearing.

Any affected person may appeal the decision of the city manager or designee in writing within five business days in accordance with the provisions of subsection I of this section.

In the event a permit is revoked pursuant to this section, another adult business use permit to operate an adult business shall not be granted to the permittee within 12 months after the date of such revocation.

I. Appeal Procedures.

1. After approval, denial, suspension or revocation of a permit, any affected person may appeal the decision to the city council in writing within five business days after the written decision. Said appeal shall be filed with the city clerk.

2. Consideration of an appeal of the decision shall be at a public hearing, notice of which shall be given pursuant to California Government Code Sections 65091 and 65905 and which hearing shall occur within 30 calendar days of the filing or initiation of the appeal.

3. The city council action on the appeal of the decision shall be by a majority vote of the members present and upon the conclusion of the de novo public hearing, the city council shall grant or deny the appeal. The city council's decision shall be final and conclusive and shall be rendered in writing within five business days of the hearing, such written decision to be immediately mailed to the party appealing the planning commission's decision.

4. In reaching its decision, the city council shall not be bound by the formal rules of evidence.

5. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this division or may request a continuance regarding any decision or consideration by the city of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the city or constitute failure by the city to provide for prompt decisions on applications.

6. Failure of the city council to render a decision to grant or deny an appeal of a permit denial within the time frames established by this section shall be deemed to constitute an approval of the adult business use permit.

7. The time for a court challenge to a decision of the city council is governed by California Code of Civil Procedure Section 1094.8.

8. Notice of the city council's decision and its findings shall include citation to California Code of Civil Procedure Section 1094.8.

9. Any applicant or permit holder whose permit has been denied, suspended, or revoked pursuant to this section shall be afforded prompt judicial review of that decision as provided by California Code of Civil Procedure Section 1094.8.

J. Display of Adult Business Use Permit. Every adult business shall display at all times during business hours the permit issued pursuant to the provisions of this section for such adult business in a conspicuous place so that the same may be readily seen by all persons entering the adult business.

K. Employment of and Services Rendered to Persons Under the Age of Eighteen Years Prohibited—Twenty-one if Liquor is Served.

1. Employees. Employees of an adult business must be at least 18 years of age. It shall be unlawful for any owner, operator, manager, partner, director, officer, employee, or other person in charge of any adult business to employ, contract with, or otherwise retain any services in connection with the adult business with or from any person who is not at least 18 years of age. If liquor is served at the adult business, employees of the adult business must be at least 21 years of age. If liquor is served at the adult business, it shall be unlawful for any owner, operator, manager, partner, director, officer, employee, or other person in charge of any adult business to employ, contract with, or otherwise retain any services in connection with the adult business with or from any person who is not 21 years of age. Said persons shall exercise reasonable care in ascertaining the true age of persons seeking to contract with, be employed by, or otherwise service the adult business.

The provisions of this subsection do not apply to service employees (e.g., janitors, repair and maintenance workers, or similar service workers) whose work is not conducted during the normal hours of operation as set forth in subsection (F)(1) of this section.

2. Patrons. Patrons of an adult business must be at least 18 years of age. It shall be unlawful for any owner, operator, manager, partner, director, officer, employee, or other person in charge of any adult business to permit to enter or remain within the adult business any person who is not at least 18 years of age. If liquor is served at the adult business, patrons must be at least 21 years of age. If liquor is served at the adult business, it shall be unlawful for any owner, operator, manager, partner, director, officer, employee, or other person in charge of any adult business to permit to enter or remain within the adult business any person who is not at least 21 years of age. And said persons shall exercise reasonable care in ascertaining the true age of persons entering the adult business.

3. X-rated Movies. The selling, renting and/or displaying of X-rated movies, videotapes, digital video disks (DVDs), compact disks (CDs) and laser disks shall be restricted to persons at least 18 years of age. If an establishment that is not otherwise prohibited from providing access to the establishment to persons under 18 years of age sells, rents, or displays movies, videos, DVDs, CDs, or laser disks that have been rated "X" or rated "NC-17" by the motion picture rating industry ("MPAA"), or which have not been submitted to the MPAA for a rating, and which consist of images that are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, said movies, videos, DVDs, CDs, and laser disks shall be located in a specific section of the establishment from which persons under the age of 18 shall be prohibited.

L. Inspections. Each owner, operator, manager, employee of an adult business or other person in charge of an adult business shall permit representatives of the police department, health department, fire department, planning department, license and code services division and other city departments, to inspect the adult business for the purpose of ensuring compliance with the laws and operating standards applicable to adult businesses at any time it is occupied or open for business. Such inspections shall be conducted in a reasonable manner.

M. Employment of Performers Without Valid License Unlawful. It shall be unlawful for any owner, operator, manager, permit holder, partner, director, officer, agent, employee or other person in charge of an adult business which provides live entertainment displaying specified anatomical areas or specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked, unsuspended adult business performer license issued in compliance with Chapter 11.07.

N. Amortization—Subsequent Location of Sensitive Uses. An adult business or establishment operating as a conforming use with an approved adult business use permit from the city shall not be rendered a nonconforming use by the subsequent location of residential zones, religious institutions, schools, day care facilities, or parks within the locational limitations of subsection C of this section. For purposes of this section, a use shall be deemed to be subsequently located if it commences following the date an application for an adult business use permit is filed pursuant to subsection D of this section.

O. Regulations Non-Exclusive. The provisions of this section regulating adult businesses are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the city council of the city of Moreno Valley.

P. Violations.

1. Any owner, operator, manager, employee or independent contractor of an adult business violating or permitting, counseling, or assisting the violation of any of these provisions regulating adult businesses shall be subject to any and all civil remedies, including permit revocation. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.

2. The restrictions imposed pursuant to this section are part of a regulatory licensing process, and do not constitute a criminal offense. Notwithstanding any other provision of the Moreno Valley Municipal Code, the city does not impose a criminal penalty for violations of the provisions of this section related to sexual conduct or activities.

Q. Public Nuisance. In addition to the remedies set forth in subsection P of this section above, any adult business that is operating in violation of these provisions regulating adult businesses is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation.

R. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this section and the ordinance to which it is a part, or any part thereof is held for any reason to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, the remaining sections, subsections, paragraphs, sentences, clauses, and phrases shall not be affected thereby. The city council hereby declares that it would have adopted this section and the ordinance to which it is a part regardless of the fact that one or more sections, subsections, paragraphs, sentences, clauses, or phrases may be determined to be unconstitutional, invalid, or ineffective.

(Ord. 959 § 3.3, 2019)

§ 9.09.040 Communication facilities, antennas and satellite dishes.

A. Purpose and Intent. The purpose of this section is to mitigate the potential safety, aesthetic and viewshed impacts of antennas, commercial antennas, satellite dishes and communication facilities.

B. Applicability. This section applies to all communication facilities, commercial antennas, satellite antennas and antennas installed or modified on or after the effective date of this title.

C. Amortization Schedule. Each antenna, satellite dish and all related equipment installed prior to the effective date of this title, which were permitted by the provisions of the city zoning ordinances existing prior to such effective date, shall be brought into conformance within 36 months of the effective date of this title.

D. Satellite Dishes and Antennas in Residential Districts. Satellite dishes and antennas shall be installed, modified and maintained in accordance with the following standards:

1. Only one per parcel is permitted, except that a second satellite dish or antenna may be permitted subject to approval of a conditional use permit approved by the community development director.

2. The diameter of the dish shall not exceed 15 feet.

3. The dish or antenna shall not be located in any front yard or between the street and the front of a residence.

4. The dish or antenna shall comply with all height and setback requirements specified within the applicable district for accessory structures.

5. The dish or antenna shall be ground-mounted.

6. The dish or antenna shall be finished in a neutral color to blend with the immediate surroundings.

7. The dish is screened along all sides, except that of the reception window, with walls compatible in design to the associated building, or with adequate landscaping utilizing city-approved plant materials.

8. Where locating a dish, consideration should be given to the possibility of the obstruction of the dish's reception window by potential development on adjacent parcels.

9. The display of signs or any other graphics on a satellite dish or antenna is prohibited.

E. Commercial Antennas and Communication Facilities. Commercial antennas and communication facilities shall be subject to the following requirements:

1. The community development director may approve any communication facility or commercial antenna for commercial purposes, which complies with the following criteria subject to the minor development review process:

a. Building or roof-mounted commercial antennas and satellite dishes not exceeding 15 feet in height and screened from view with height measured from base of antenna in nonresidential zones only;

b. Ground-mounted commercial antennas shall be subject to all height and setback requirements specified for accessory structures in nonresidential zones;

c. Antennas which are architecturally integrated with a building or structure so as to not be recognized as an antenna are allowed within a commercial or industrial designation. Examples include antennas which are an integral part of a permitted church steeple, or cupola, or incorporated within the architectural design of a commercial structure. Antennas which are architecturally integrated with a building or structure may also be approved in a residential designation subject to an administrative plot plan with a notice; provided, that, the building or structure will not be for residential use. Such antennas shall comply with the height requirements of the underlying zone;

d. Up to two additional whip antennas (15 feet maximum height), the reconfiguration or alteration of an existing antenna on a single support structure, or additional dishes under four feet in diameter to an existing monopole can be permitted;

e. Support equipment must be located within a completely enclosed building (equipment structure) or otherwise screened from view.

2. Communication facilities and commercial antennas will require a conditional use permit to be approved by the community development director pursuant to Section 9.02.060(B) of this title which meet one of the following provisions:

a. Communication facilities which are 75 feet or less in a commercial/industrial zone;

b. Commercial antennas mounted on other existing structures or similar replacement structures, including, but not limited to, water tanks, pump stations, utility poles, or ball field light standards. Such antennas may exceed the maximum structure height of the underlying zone, as determined by the CUP;

c. Commercial antennas not attached to a communication facility shall be no more than 35 feet, or no more than 75 feet in height above the base of a building or structure in a commercial/industrial zone, and shall not exceed maximum structure height in any other nonresidential zone;

d. The addition of any commercial antenna dishes up to four feet in diameter, or increasing the height of an existing approved communication facility;

e. Co-location of equipment to an existing approved communication facility. The additional antenna may exceed the height of the existing communication facility by up to 20 feet in height;

f. Aboveground support equipment, irrespective of its location, may require landscaping or other measures to effectively mitigate visual and safety impacts. Underground vaults may be required in order to mitigate physical, aesthetic or safety siting issues which cannot be mitigated otherwise. Aboveground support equipment in residential areas shall be discouraged. Support radio equipment may be allowed in the right-of-way where appropriate, as determined by the community development director and subject to the granting of an encroachment permit by the public works department.

3. Communication facilities will require a conditional use permit subject to review by the planning commission if the proposed facilities are located either: (a) within a residential district, or (b) within a nonresidential district or zone and are over 75 feet in height.

4. All commercial communication facilities shall comply with the following locational criteria and development and design standards:

a. Locational Criteria.

i. No commercial communication facility or antenna shall be located within a single-family residential district (zone) unless the parcel where the facility or antenna is to be located is of sufficient size to accommodate the minimum setbacks specified in this section and either unimproved or developed with a nonresidential use. If a commercial communication facility or antenna is located on an unimproved single-family residential parcel, no residence shall be developed on that parcel.

ii. Commercial communication facilities shall be sited to minimize views from public rights-of-way.

b. Development and Design Standards. The following development and design standards shall be considered in the design and location of all communication facilities:

i. Communication facilities are screened from view from the public right-of-way through siting adjacent to taller buildings, location within other structures, or placement near existing trees. Additional landscaping, using city-approved plant materials may be required in order to help blend the new structure and its site.

ii. No communication antenna in any district (zone) shall be higher than necessary to provide the required coverage and no communication antenna within a residential district (zone) shall exceed 75 feet in height.

iii. Safety lighting may be required for communication facilities. A blinking light is acceptable. Strobe lights are prohibited.

iv. Communication facilities (e.g., monopoles) shall either be galvanized steel or painted an unobtrusive color.

v. The display of any sign or any other graphics on a communication facility or on related buildings or equipment is prohibited, except for public safety warnings.

vi. Where an equipment structure accompanies the communication facility, it shall be designed to match adjacent architecture or screened from view.

vii. Landscaping using city-approved plant materials may be required to screen the building or support structure from the public right-of-way.

viii. Decorative materials may be required for surrounding fences.

ix. If the communication facility is abandoned or if the conditional use permit becomes void as set forth in this chapter, then the monopole or support structure shall be removed.

x. Communication facilities shall be designed to prevent unauthorized persons from climbing them.

xi. Within any single-family residential district, all commercial communication facility antenna(s) and supporting tower systems shall be set back from any property line a distance that is not less than the height of the antenna and tower system and not less than any setback required by any applicable fire and building codes.

xii. A communication facility may be required to be adequately designed for co-location of other equipment. If required, the applicant shall provide documentation subject to review and approval of the community development director and the city attorney, which provides that the pole shall be made available for co-location of facilities for the same or other companies in accordance with city regulations.

xiii. Prior to issuance of building permit, the applicant shall provide written verification that the system they will be installing will not interfere with local government communication systems. Anytime after installation, if there is any interruption of fire, police or other public emergency communication system due to the purveyor's system, the purveyor shall cease to operate site until corrections are made to the purveyor's system.

F. Variance. An administrative variance from any standard applicable to noncommercial antennas or satellite dishes, as required in this section, may be granted pursuant to Section 9.02.090 of this title, if the necessary findings can be made, in the following instances:

1. Locating a noncommercial antenna or satellite dish in accordance with herein stated requirements would obstruct the antenna's reception, the dish's reception window, or otherwise excessively interfere with reception, and such interference or obstruction is beyond the applicant's control;

2. The cost incurred by the applicant in complying with the standards of this section would be excessive in relationship to the cost of the antenna or dish;

3. The variance application includes a certification that the proposed installation of the dish or noncommercial antenna is in conformance with applicable building code regulations, if a building permit is required. The application must contain written documentation of such conformance, including load distributions within the building's support structure and be certified by a registered engineer.

(Ord. 359, 1992; Ord. 386 § 1.15, 1993; Ord. 513 § 1.2, 1997; Ord. 604 § 2.12, 2002; Ord. 616 §§ 2.2.15, 1.2.16, 2.2.17, 2003; Ord. 694 § 1.1, 2005)

§ 9.09.050 Arcades and video machines.

A. Purpose and Intent. The purpose of this section is to mitigate the adverse impacts on surrounding properties and on the community which are commonly associated with arcades and video machines, and to increase compatibility with adjacent land uses by utilizing specific location limitations and development standards.

B. Applicability. Arcades shall be permitted as specified in Section 9.02.020 of this title.

C. Minimum Development and Performance Standards. The following minimum development and performance standards shall apply to arcades and other locations where permitted electronic, coin-operated or video games are located, unless with respect to any such standard, a determination is made by the decision-making body that the purposes intended thereby can be served by an alternative that adequately protects the public health, safety and welfare.

1. Number of Machines.

a. Four or fewer electronic, coin-operated or video games shall be permitted in any commercial business except that convenience stores shall be restricted to two such games.

b. More than four games per commercial business constitutes an arcade which shall be subject to the standards and provisions of this section except that minor development review shall be required for more than four games for incidental use in a restaurant use.

2. Noise. No sound created by any arcade, or its patrons, shall be detectable from the exterior of the arcade or from adjacent uses.

3. Maximum Number of Games. The number of games shall not exceed one game per each 30 square feet of floor area.

4. Lighting. Each arcade shall be fully and adequately lighted for easy observation of all areas of the premises.

5. Bicycle Racks. Bicycle storage racks shall be maintained off of the public sidewalk as specified in Section 9.11.060.

6. Telephones. At least one public telephone shall be provided at each arcade.

7. Hours of Operation. The hours of operation of arcades and of games shall be limited to between eight a.m. and ten p.m., every day of the week.

8. Adult Supervision. An adult supervisor shall be located on a raised dais so positioned as to be able to readily observe all games and all areas of business in the arcade. The adult supervisor shall be present at all times during hours of operation, and, if the number of games exceeds 40, there shall be two adult supervisors present at all times during hours of operation.

9. Smoking and Drinking. No alcoholic beverages or cigarettes shall be sold or consumed on the premises of any arcade except for restaurants. Appropriate notification shall be displayed within the premises.

10. Litter. The premises shall be continuously maintained in a safe, clean and orderly condition with trash receptacles provided.

11. On-Site Security. At the discretion of the city's police chief, on-site security may be required based upon but not limited to the chief's consideration of the following criteria:

a. Square footage of the business;

b. Expected customer attendance;

c. Design of the interior and exterior of the business;

d. Nature and character of the neighborhood and surrounding area;

e. Location of the business within a commercial center and effect thereof;

f. Building occupancy limit; and

g. Nature and character of uses adjacent to or in the area of the arcade business.

(Ord. 359, 1992; Ord. 386 § 1.16, 1993; Ord. 488 § 1.5, 1996)

§ 9.09.060 Automobile dealerships, automobile rental and the display of vehicles, vessels and other personal property.

A. Purpose and Intent. This section ensures that automobile dealerships, rental agencies and the display of vehicles, vessels and other personal property do not create an adverse impact on adjacent properties and surrounding neighborhoods by reason of insufficient on-site customer and employee parking, traffic generation, visual blight, bright lights, noise, fumes, or drainage runoff. The following special standards shall apply to automobile dealerships.

B. Applicability.

1. The parking or placement of more than one vehicle, vessel or other personal property upon a public or private street, parking lot or any public or private property for the purpose of displaying such vehicle, vessel or other personal property for sale, hire or rental constitutes a dealership or agency and shall not be permitted, except as provided for in subsection C of this section.

2. All dealerships and rental agencies (which include for purposes of this section, agencies or businesses primarily engaged in the sale or rental of automobiles and other or similar vehicles) shall comply with the development requirements of the underlying district and with the provisions of this section.

3. Conversion of Uses. When developed property is converted from a different use to a vehicle dealership or rental agency, said property shall be redeveloped to meet the current development requirements, including, but not limited to, the requirements regarding parking, screening, landscaping, signs and lighting.

C. Standards for Dealerships and Rental Agencies. The following standards shall apply to all automobile dealerships and rental agencies.

1. Minimum Area. The minimum area for vehicle dealerships shall be two and one-half acres, which could involve either a single dealership or no more than two dealerships situated side-by-side on one parcel. The minimum area for a vehicle rental agency shall be 20,000 square feet.

2. Parking, Storage and Display of Vehicles. No vehicles to be displayed, sold, rented or repaired shall be parked or stored on any street or alley, nor within parking areas intended to meet the provisions of Chapter 9.11 of this title. All vehicles shall be displayed, parked or stored on improved, all-weather surfaces.

3. Landscaping.

a. A landscape area is provided along the street frontage perimeter of all vehicle display areas. Applicable setback requirements are expanded to include an additional 10 foot landscaped area, if the project side is adjacent to any residential district.

Additionally, screening consisting of a decorative masonry wall sufficient for sound attenuation with a minimum height of six feet, as measured from the automobile dealership side of the wall, is provided at the property line. If the wall is either greater or less than six feet in height on the residential side, landscaping is provided on that side of the wall, as necessary. Decorative walls of block, brick, stone, stucco-treated masonry, or concrete panels are acceptable. The community development director may approve alternative materials; provided that the materials are comparable to masonry walls or concrete panels in durability and ability to attenuate light and sound.

b. Final design treatment shall be subject to review and approval by the community development director. All parking areas not used for vehicle display shall be subject to screening requirements contained in this title.

4. Lighting. All lighting shall comply with the provisions of Section 9.08.100 of this title.

5. Washing of Vehicles. All hand washing, rinsing or hosing down of dealership or agency vehicles shall be permitted as an incidental use. An automated car wash, for maintenance of dealership or agency automobiles only, may be permitted subject to a conditional use permit.

6. Loading and Unloading of Vehicles. Loading and unloading of vehicles is permitted only within the following constraints. The dealership operator is deemed to be responsible and liable for any activities of a common carrier, operator or other person controlling such loading or unloading activities, to the extent, any such activities violate the provisions of this subsection.

a. Loading and unloading of vehicles is limited to the hours of eight a.m. to six p.m., Monday through Friday, excluding legal holidays.

b. Off-loading of vehicles shall be on-site, or off-site subject to the approval of the city traffic engineer. Loading and unloading shall not block the ingress or egress of any adjacent property.

7. Repair of Vehicles. The repair and service facility portion of any automobile dealership shall comply with the provisions of Section 9.09.070, Vehicle repair facilities, of this chapter.

8. Queuing of Vehicles. An adequate on-site queuing area for service customers shall be provided. The queuing area or lanes shall be large enough to hold at least one and one-half vehicles for each service bay in the facility. On-site driveways may be used for queuing, but may not interfere with access to required parking spaces. Regular parking spaces may not double as queuing spaces.

9. Test Driving. Test driving shall not be permitted on residential streets or alleys. For the purposes of this subsection, streets which are designated by the city as major collector streets shall be permissible areas for test driving. Each dealership operator shall have an affirmative obligation to inform all its personnel of this requirement, and to ensure compliance with it. Existing dealerships and rental agencies shall, within two months of the adoption of the ordinance codified in this title, submit a plan for test driving routes to the city traffic engineer for approval. All new dealerships and rental agencies shall be required to obtain city traffic engineer approval of test driving routes prior to the issuance of a certificate of occupancy.

10. Noise Control.

a. Outdoor loudspeakers shall produce no more than 45 dBA at a boundary abutting a residential or a maximum of 65 dBA abutting nonresidential districts.

b. All noise-generating equipment exposed to the exterior shall be muffled with sound-absorbing materials to minimize noise impacts on adjacent properties, and shall not be operated before eight a.m. or after six p.m.

c. Rooftop storage areas shall be screened with noise-absorbing materials to minimize noise impacts on adjacent properties.

11. Toxic Waste and Storage and Disposal. Gasoline storage tanks shall meet all applicable state and local health regulations, and shall be constructed and maintained under the same conditions and standards as applied for service stations.

12. Air Quality.

a. All mechanical ventilating equipment shall be directed to top story exhaust vents which face away from adjacent residential properties.

b. Required exhaust systems shall be equipped with appropriate and reasonably available control technology to minimize or eliminate noxious pollutants which would otherwise be emitted.

13. Shopping Centers. No vehicle dealership or vehicle rental agency shall be allowed within a shopping center, except as permitted under an applicable specific plan.

14. The conditional use permit may adjust, or add to, any of the standards set forth in this section when it is found that the public health, safety or general welfare is served thereby.

(Ord. 359, 1992; Ord. 426 § 3.1(f), 1994; Ord. 488 § 1.6, 1996; Ord. 475 § 1.4, 1995; Ord. 616 § 2.2.18, 2003; Ord. 685 § 2, 2005; Ord. 694 § 1.1, 2005)

§ 9.09.070 Vehicle repair facilities.

A. Purpose and Intent. The purpose of this section is to provide for the mitigation of potential noise, fumes, litter and parking problems associated with motor vehicle repair shops. The special conditions contained in this section are intended to ensure that vehicle repair facilities operate harmoniously and are compatible with adjacent and surrounding uses. In the interest of protecting the health, safety and general welfare of the city and its residents, special standards shall be imposed on repair and equipment installation facilities, consistent with the goals, objectives and policies of the general plan.

B. Applicability. Vehicle repair facilities may be permitted in the applicable commercial and industrial districts identified in Section 9.02.020 of this title. Each vehicular repair facility, including one which is part of and incorporated within a vehicle dealership, or rental agency, shall conform to the development standards of the district in which it is to be located, with the development standards for automobile dealerships and automobile rental agencies set forth in this title when applicable and with the additional development standards in subsection C of this section.

C. Minimum Development Standards. The following minimum development standards, in addition to such other standards and conditions imposed as part of project approval shall apply to all vehicle repair facilities.

1. Paving. The site is entirely paved, except for buildings and landscaping. Existing uses that are currently not paved shall conform with this requirement within three years from the adoption of this title.

2. Structures. Entrances to individual service bays shall not face public rights-of-way or abutting residential parcels.

3. Repair Activities. All repair activities and operations shall be conducted entirely within an enclosed building. Outdoor hoists are prohibited.

4. Enclosure. Repair facilities performing body and fender work or similar noise-generating activities shall be conducted in fully enclosed structures with walls of concrete block or similar materials. All painting shall occur within an approved fully enclosed booth.

5. Litter. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. No used or discarded automotive parts or equipment or permanently disabled, junked or wrecked vehicles may be stored outside the main building.

6. Storage. Exterior parking area shall be used for employee and customer parking only, and not for the repair or finishing work or long-term (over one week) storage of vehicles. No vehicles to be repaired shall be parked or stored on any street or in any alley.

7. Hazardous Material. Any handling, treatment, storage or use of hazardous material shall be subject to the requirements of Section 9.08.090.

(Ord. 359, 1992; Ord. 488 § 1.7, 1996)

§ 9.09.080 Drive-in, drive-through, fast food and take-out restaurants.

A. Purpose and Intent. The purpose of this section is to ensure that drive-in, drive-through, fast food and take-out restaurants do not result in adverse impacts on surrounding neighborhoods by reason of customer and employee parking demand, traffic generation, noise, light, litter, or cumulative impact of such demands in one area, consistent with the goals, objectives and policies of the general plan.

B. Applicability. Drive-in, drive-through, fast food, or take-out restaurants may be permitted subject to the standards of the underlying district and special conditions listed below. The provisions of this section shall apply to all drive-in, drive-through, fast food and take-out restaurants constructed or the use of which commenced after the effective date of this title and to any expansion of more than 20% of the gross floor area or increase of more than 25% of the number of seats in any such restaurant in use prior to the effective date of this title. Floor area added for the purpose of compliance with state or local health laws or access requirements of the disabled shall not be included in floor area calculations for purposes of determining applicability of this section.

C. Minimum Development Standards. The following minimum development standards shall apply to all drive-in, drive-through, fast food and take-out restaurants.

1. Hours of Operation. When located on a site adjacent to, or separated by an alley from any residentially zoned property, a drive-in, drive-through, fast food or take-out restaurant shall not open prior to six a.m., nor remain open after ten p.m. unless extended hours are specifically approved by the planning commission.

2. Driveways. Drive-in and drive-through restaurant sites shall have two points of ingress and/or egress.

3. Queuing. Drive-up and drive-through restaurants shall have a capacity for queuing a minimum of eight vehicles awaiting service. Queuing area shall not interfere with on- or off-site circulation patterns and shall be reviewed and approved by the city traffic engineer prior to issuance of a building permit.

4. Parking. A parking and vehicular circulation plan encompassing adjoining streets and alleys shall be submitted for review and approval by the city traffic engineer prior to approval of a conditional use permit.

5. Trash Receptacle. A minimum of one outdoor trash receptacle shall be provided on site. At least one additional on-site outdoor trash receptacle shall be provided for every 10 required parking spaces.

6. Noise. Any drive-up or drive-through speaker system shall not be detectable above ambient noise levels beyond the property boundaries. The system shall incorporate best available technology to compensate for ambient noise levels.

(Ord. 359, 1992; Ord. 975 § 3, 2021; Ord. 994 § 9, 2023)

§ 9.09.090 Agricultural and animal uses.

A. Purpose and Intent. The purpose of this section is to ensure that the raising and maintenance of agriculture and animal uses does not create an adverse impact on adjacent properties by reason of dust, noise, visual blight, odor, fumes, bright lights or insect infestation.

B. Applicability. All agricultural and animal uses shall comply with the standards of this section and the standards of the underlying district permitting these uses.

C. Pre-existing Uses. Any legally established noncommercial and nonconforming animal keeping use which became nonconforming upon adoption of this title, shall be permitted to continue.

D. Permitted Uses. Animal keeping and agriculture uses permitted under the permitted uses Table 9.02.020-1 in Section 9.02.020, shall comply with the animal regulations Table 9.09.090-11 in this section and with all other standards and requirements of this section and with all other applicable ordinances and regulations. Where permitted in a district, the following uses shall be subject to the following limitations:

1. Farms for orchards, trees, field crops, truck gardening, flower gardening, greenhouses used only for purposes of propagation and culture, and other similar enterprises carried on in the general field of agriculture will be allowed to sell products grown on the premises, but only from a temporary stand, not exceeding 200 square feet in area, used exclusively for that purpose.

2. Wholesale distribution and processing of nursery plant stock is permitted on a site not less than five acres in size. Incidental retail sales may be permitted thereon, provided such sales occur contiguous to propagation of nursery stock. Outdoor storage and display are prohibited thereon except for nursery plant stock.

E. District Standards.

1. The following standards shall apply to all animal keeping uses, excluding dogs, cats and household pets, where permitted within the residential districts (See Table 9.09.090-11—Animal Keeping Requirements):

a. Setback for grazing, arena or area where animal is housed.¹

Front	District requirement2
Side and Rear	Minimum 0 feet
Setback from any habitable dwelling	Minimum 20 feet
Corral size	Minimum 288 sq. ft. per animal (12 × 24) with a minimum 10-foot interior dimension. Corrals can be placed on land area having no greater than a 4 percent slope.
Fence height	Minimum 5 feet

Notes:
1	Setback standards apply to typical corral and fence construction. Barns, sheds and similar accessory structures shall be subject to the standards and setback requirements of Section 9.08.030. The area housing pigs and hogs shall maintain a minimum setback of 35 feet from any property line where adjacent parcels are less than 40,000 square feet.
2	Where the main habitable structure maintains a minimum setback of 75 feet from the front property line, the front yard may be used for the housing and/or grazing of animals.

b. Apiary, provided that all hives or boxes housing bees shall be placed at least 400 feet from any street, road or highway, and a minimum of 500 feet from any public school, park, property boundary or from any structure used as a dwelling or as a place of business. Additionally, a water source shall be provided on site.

c. Offspring born to a permitted animal kept on the site may be kept until such animals are weaned (cats and dogs: four months; large animals: six months; horses: 24 months).

d. Rabbits must be kept in an area with a wire mesh floor.

e. The keeping of animals shall be subject to the waste removal requirements of Chapter 6.04 and any other applicable laws and ordinances.

Table 9.09.090-11 Animal Keeping Requirements
Type of Animal	Minimum Lot Size	Number of Animals	Permitted Districts
Large: Includes equine, bovine and similar sized animals as determined by the community development director	20,000 sq. ft.	2/20,000 sq. ft. plus 1 per each additional 10,000 sq. ft. over 20,0003	RR, HR, R-1, RA-2, AG
Medium: Includes sheep, goats and similar sized animals as determined by the community development director	20,000 sq. ft.	1 per 5,000 sq. ft.	RR, HR, R-1, RA-2, AG
Small: Includes rabbits, chinchillas, guinea pigs or other similar sized animals as determined by the community development director	5,000 sq. ft.	6/5,000 sq. ft. up to 1 acre. 1 acre or larger, maximum 100	All
Poultry, fowl4	20,000 sq. ft.	15/20,000 sq. ft.	RR, HR, R-1, RA-2, AG
Pigs or hogs6	40,000 sq. ft.	2/40,000 sq. ft.	RR, HR, R-1, RA-2, AG
Cats or dogs	None	Maximum 45	All
Household pets	None	No maximum	All
Aviary	5,000 sq. ft.	25/5,000 sq. ft.	All
Exotic or wild animals	40,000 sq. ft.	Subject to administrative CUP	All

Notes:
3	One additional foal, up to 24 months of age, may be kept for each 20,000 square feet of property.
4	No roosters, guinea fowl or peafowl.
5	Residential districts of R-10, R-15, R-20 and multiple-family projects such as two-family dwellings, multiple-family dwellings, bungalow courts, mobile home parks and apartment houses or similar structures shall be subject to the following criteria:
	a.	Dwelling units of 1,000 square feet or less shall be limited to a total of two such animals.
	b.	Dwelling units greater than 1,000 square feet shall be limited to a maximum of two dogs and two cats.
6	Pot belly pigs are included in this category.

2. A conditional use permit is required for the following (pursuant to the requirement of Section 9.02.060 of this title) on parcels of not less than one acre in size in any district:

a. Commercial and noncommercial dog kennels and catteries, dog training schools, small animal shelters and dog and cat breeding establishments with outside runs. All commercial and non-commercial dog kennels and catteries shall be subject to the requirements of Chapter 10.02 of the municipal code and the following standards:

i. All animal runs shall be of adequate size for animals held therein;

ii. All animal runs shall be constructed or coated with nonporous material to discourage the breeding of ticks and other similar pests;

iii. All animal runs and animal holding areas shall have concrete or other durable flooring sloped for proper drainage;

iv. All animal runs shall have adequate enclosures to provide protection from inclement weather;

v. All animal runs shall be provided with sufficient drains to control drainage and daily washing of the runs;

vi. All kennels and catteries shall be serviced by sewer or septic systems and all excrement produced by the animals shall be properly disposed of on a regular basis so as to control flies and odor, or stored in an enclosed container and dispersed on a regular basis as approved by the county health department;

vii. The kennel/cattery area shall be sound attenuated so that the noise level measured at the property line does not exceed standards set for the adjacent uses;

viii. No animal runs, exercise areas or keeping of the kenneled animals for commercial or non-commercial purposes shall be located within a required setback area;

ix. All facilities for dog kennels and catteries; dog training schools, small animal shelters and dog and cat breeding establishments shall be subject to the setback standards for the underlying district;

b. The commercial raising of chinchilla, nutria, hamsters, guinea pigs, cavy and similar small animals;

c. Frog farms;

d. Worm farms.

F. Special Standards for Agricultural and Animal Uses.

1. Farm Project Animals. Farm project animals are permitted in all districts. For good cause shown and after consultation with the student's teacher or project director, and provided that the quiet enjoyment of surrounding properties is not thereby unreasonably disturbed, the community development director may approve farm projects. Farm projects shall be subject to minor development review with no fee required and the following standards:

a. A student registered in school or with a recognized farm education organization for a farm project, and who resides on a lot in a zone where the keeping of animals is not otherwise permitted, but upon which lot animals for farm projects are permitted by this section, may be permitted to keep and raise such animals provided the following conditions are satisfied:

i. A class or program registration slip and a note signed by the teacher or program director of such student shall be provided verifying the student's participation in such program and the duration of such participation.

ii. The address and parcel size where the animal(s) will be located including the type(s), and number of such animal(s) shall be set forth in the signed note.

iii. A letter, identifying the information required in subsection (F)(a)(ii) of this section, shall be provided to the community development department with the signatures of the property owners of all adjacent parcels. Where such signatures are unobtainable, a copy of the letter shall be sent to such property owners as certified mail advising that they contact the community development department regarding any concerns that they may have. A copy of such letters and their mailing certification shall be provided to the community development department.

iv. Upon review and verification of the accuracy of the information, an approval letter may be issued by the community development director to the applicant. The approval letter shall specify the name of the participating student, the school or program, the project, the duration of the project permitted, the type and number of animals permitted, and the location authorized.

v. Upon the expiration of the project duration specified in the approval letter, each animal not otherwise permitted to remain thereon shall be removed from the property for which the farm project approval has been granted.

b. General Provisions Relating to Farm Projects. The following minimum standards shall apply to all farm projects:

i. Not more than two cattle, horses, sheep, goats or similar farm animals shall be permitted on parcels not less than 20,000 feet in size, and other small animals as permitted by this section being fattened or trained in connection with the education of a person as a member of a recognized farm education organization, unless the district where the animal(s) is being housed permits a greater number than herein specified. In such cases, the maximum number of permitted animals for the district shall not be exceeded. The community development director may allow for additional animals, provided the sponsoring or recognized organization recommends such and adverse impacts on surrounding properties are not present.

ii. Roosters and pigs shall be allowed only in agricultural zones.

iii. Farm projects are not permitted on lots less than 7,200 square feet in size.

iv. The number of animals permitted for farm projects on lots less than 20,000 square feet shall be as follows:

(A) On residential lots 7,200 square feet up to 14,999 square feet in area, no more than 15 small animals or 10 poultry, plus 15 birds shall be permitted;

(B) On residential lots 15,000 square feet up to 19,999 square feet, no more than 25 birds, 25 small animals, and 15 poultry shall be permitted.

v. Caged animals for farm projects shall be located no closer than 10 feet to any residential structure for human habitation or to any property line.

G. Primary animal keeping overlay (PAKO) standards for projects within certain areas of the RR (rural residential), R1 (residential-1) and RA2 (residential agricultural-2) land use districts are included under Chapter 9.07 Special Districts, Section 9.07.080.

(Ord. 359, 1992; Ord. 402 § 1.8, 1993; Ord. 475 § 1.4, 1995; Ord. 488 §§1.12, 1.13, 1996; Ord. 520 §§ 1.11, 1.12, 1997; Ord. 575 § 2.4, 2000; Ord. 694 § 1.1, 2005; Ord. 731 § 3.1, 2007)

§ 9.09.100 Outdoor recreational facilities.

A. Purpose and Intent. The purpose and intent of this section is to ensure the orderly development of outdoor recreational facilities in a manner that does not adversely impact other property and uses.

B. Applicability. The provisions of this section shall apply in addition to the provisions of the underlying district. This section shall not be applicable to recreational facilities which are accessory to residential uses for the exclusive use of the residents of that property and their guests (see Section 9.09.190) or to public recreational facilities operated by governmental agencies.

C. Conditional Use Permit. An outdoor recreational facility shall be subject to approval of a conditional use permit as specified in Table 9.02.020-1, except as permitted under subsection (D) of this section.

D. Plot Plan Without Hearing (With Notice). An outdoor recreational facility shall be permitted in any district subject to a plot plan without hearing (with notice) and subject to all of the following, additional criteria:

1. The operator is a California nonprofit entity; and

2. The facility provides for outdoor recreational uses similar to those normally enjoyed in public parks operated by the city; and

3. The use is conducted after seven a.m. and before ten p.m.; and

4. Alcohol is not offered for sale on the premises; and

5. Incidental structures may be permitted in association with an outdoor recreational use; and

6. Installation of improvements, including but not necessarily limited to streets, curbs, gutters, sidewalks may be waived, if the city engineer determines that they are not necessary to protect public health, safety or welfare and it would not be materially injurious to properties or improvements in the vicinity, nor conflict with state and federal regulations; and

7. Notice of a plot plan without hearing application for an outdoor recreation facility shall be provided as specified in Section 9.02.200(C). The notice shall describe the nature of the request and the location of the project. The notice shall also state that written comments are requested and that a decision will be made on a date not less than 10 days from the date of mailing of the notice. Notice of the decision shall be mailed or delivered to the applicant and to all owners of real property required to receive notice by mail or delivery in accordance with Section 9.02.200(C).

(Ord. 359, 1992; Ord. 388 § 1.3, 1993; Ord. 398 § 1.17, 1993; Ord. 520 § 1.13, 1997)

§ 9.09.110 Recycling facilities.

A. Purpose and Intent. The purpose of this section is to serve the need of the public for convenient recycling redemption and processing facilities, while guaranteeing the adequacy of the site for the use and for the protection of the surrounding properties through review and consideration of physical treatment and compatibility with surrounding properties.

B. Applicability. Recycling facilities shall be permitted within the zones identified in Section 9.02.020 and shall be subject to the requirements of the zones and all additional requirements as set forth in this section.

C. Reverse Vending Machines. Reverse vending machines shall be in compliance with the following standards:

1. They shall be established in conjunction with a commercial use or community service facility which is in compliance with this title and the building and fire codes of the city;

2. They shall be located within 30 feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation;

3. They shall not occupy parking spaces required by the primary use;

4. They shall occupy no more than 75 square feet of floor space per installation, including any protective enclosure, and shall be no more than 12 feet in height;

5. They shall be constructed and maintained with durable, waterproof and rustproof material;

6. They shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;

7. They shall have a sign area of a maximum of four square feet per machine, exclusive of operating instructions;

8. They shall be maintained in a clean, litter-free condition on a daily basis;

9. They shall have at a minimum, the operating hours of the host use;

10. They shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn;

11. They shall be approved pursuant to provision of Section 9.02.030(A) of this title, Minor development review; and

12. All machines shall be clean and not dented, bent or otherwise disfigured.

D. Small Collection Facilities. Small collection facilities may be approved subject to minor development review provided the facilities are in compliance with the following standards:

1. They shall be established in conjunction with an existing commercial use or community service facility which is in compliance with this title and the building and fire code of the city;

2. They shall be no larger than 500 square feet and occupy no more than five parking spaces not including space that will be periodically needed for removal of materials or exchange of containers;

3. They shall be set back at least 10 feet from any property line and shall not obstruct pedestrian or vehicular circulation;

4. They shall accept only glass, metals, plastic containers, paper and reusable items;

5. They shall use no power-driven processing equipment, except for reverse vending machines;

6. They shall use containers that are constructed and maintained with durable waterproof and rustproof material; covered when site is not attended; secured from unauthorized entry or removal of material and of a capacity sufficient to accommodate materials collected and collection schedule;

7. They shall store all recyclable materials in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present;

8. They shall be maintained free of litter and any other undesirable materials; mobile facilities, at which truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day;

9. They shall not exceed noise levels of 60 dBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed 70 dBA;

10. Small collection facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours between nine a.m. and seven p.m.;

11. Containers for the 24 hour donation of materials shall be at least 100 feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use; all containers to be painted and not dented, bent or otherwise disfigured;

12. Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, display a notice stating that no material shall be left outside the recycling enclosure or containers;

13. Signs may be provided as follows:

a. Recycling facilities may have identification signs with a maximum of 20% per side of the facility or 16 square feet, whichever is larger, however in the case of a wheeled facility, the side will be measured from the pavement to the top of the container,

b. Signs must be consistent with the character of the location,

c. Directional signs, bearing no advertising message, may be installed with the approval of the community development director if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way, and

d. The community development director may authorize increases in the number and size of signs upon findings that it is compatible with adjacent businesses pursuant to standards or criteria therefor established through the minor development approval;

14. The facility shall not impair the landscaping required by this title for any concurrent use or under any permit or approval issued therefor;

15. No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use; one space will be provided for the attendant, if needed;

16. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present or operating;

17. They shall be adequately screened, and the design, height, materials and location of screening shall be approved by the community development director;

18. Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist:

a. The facility is located in a convenience zone or a potential convenience zone, as designated by the California Department of Conservation,

b. A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site,

c. The approval will be reconsidered at the end of 18 months,

d. A reduction in available parking spaces in an established parking facility may then be allowed as follows:

i. For a commercial host use:

Number of Available Parking Spaces	Maximum Reduction
0—25	0
26—35	2
36—49	3
50—99	4
100 +	5

ii. For a community facility host use: a maximum five-space reduction will be allowed when not in conflict with parking needs of the host use; and

19. If the minor development review approval expires without renewal, the collection facility shall be removed from the site on the day following permit expiration.

E. Large Collection Facilities. The following standards shall apply to all large collection facilities:

1. Facility shall not abut a property zoned or planned for residential use;

2. Facility shall be screened from the public right-of-way by operating in an enclosed building, or:

a. Within an area enclosed by an opaque fence at least six feet in height with landscaping;

b. At least 150 feet from property zoned or planned for residential use; and

c. Meet all applicable noise standards in this chapter;

3. Setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located;

4. All exterior storage of material shall be in sturdy containers which are covered, secured and maintained in good condition: storage containers for flammable material shall be constructed of nonflammable material; no storage, excluding truck trailers and overseas containers, shall be visible above the height of the fencing;

5. The site shall be maintained free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis;

6. Space shall be provided on-site for six vehicles or the anticipated peak customer load, whichever is higher, to circulate and deposit recyclable materials, except where it is determined at the time of the development review or where conditions or criteria are established by which the community development director determines that allowing overflow parking for less than six vehicles is compatible with surrounding businesses and public safety;

7. One parking space will be provided for each commercial vehicle operated by the recycling facility; parking requirements shall be as provided for in the zone, except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary such as when employees are transported in a company vehicle to a work facility;

8. Noise levels shall not exceed 55 dBA as measured at the property line of residentially zoned property, or otherwise shall not exceed 70 dBA;

9. If the facility is located within 500 feet of property zoned, planned or occupied for residential use, it shall not be in operation between seven p.m. and seven a.m.;

10. Any containers provided for after-hours donation of recyclable materials will be at least 50 feet from any property zoned or occupied for residential use, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials; containers shall be located at least 10 feet from any building;

11. Donation areas shall be kept free of litter and any other undesirable material and the containers shall be clearly marked to identify the type of material that may be deposited, and the facility shall display a notice stating that no materials shall be left outside the recycling containers;

12. The facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs will meet the standards of the zone; and directional signs, bearing no advertising message, may be installed with the approval of the community development director, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way;

13. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved through the development review process.

F. Processing Facilities. The following standards shall apply to all processing facilities:

1. The facility shall not abut a property zoned or planned for residential use;

2. In a commercial or light industrial zone, processors shall operate in a wholly enclosed building, except for incidental storage, or:

a. Within an area enclosed on all sides by an opaque fence or wall not less than eight feet in height and landscaped on all street frontages, and

b. Shall be located at least 150 feet from property zoned or planned for residential use;

3. Power-driven processing shall be permitted, provided all noise level requirements are met; light processing facilities shall be limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials;

4. A light processing facility shall be no larger than 45,000 square feet and shall have no more than an average of two outbound truck shipments of material per day and may not shred, compact or bale ferrous metals other than food and beverage containers;

5. Setbacks and landscaping requirements shall be those provided for the zoning district in which the facility is located;

6. All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition; storage containers for flammable material shall be constructed of nonflammable material; no storage, excluding truck trailers and overseas containers, shall be visible above the height of the fencing;

7. The site shall be maintained free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis and shall be secured from unauthorized entry and removal of materials when attendants are not present;

8. Space shall be provided on-site for the anticipated peak load of customers to circulate, park and deposit recyclable materials; if the facility is open to the public, space shall be provided for a minimum of 10 customers. Where it is determined through the development approval or where conditions or criteria are established, the community development director may determine that allowing a reduction to provide for a minimum of parking for six vehicles is compatible with surrounding businesses and public safety;

9. One parking space will be provided for each commercial vehicle operated by the processing center; parking requirements will otherwise be as mandated by the district in which the facility is located;

10. Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed 70 dBA;

11. If the facility is located within 500 feet of property zoned or planned for residential use, it shall not be in operation between seven p.m. and seven a.m.; the facility will be administered by on-site personnel during the hours the facility is open;

12. Any containers provided for after-hours donation of recyclable materials will be at least 50 feet from any property zoned or occupied for residential use; shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials;

13. Donation areas shall be kept free of litter and any other undesirable material; the containers shall be clearly marked to identify the type of material that may be deposited; the facility shall display a notice stating that no material shall be left outside the recycling containers;

14. Sign requirements shall be those provided for the zoning district in which the facility is located; in addition, the facility will be clearly marked with the name and phone number of the facility operator and the hours of operation;

15. There shall be no dust, fumes, smoke, vibration, odor or noise above ambient level detectable on neighboring properties.

(Ord. 359, 1992; Ord. 386 § 1.17, 1993; Ord. 475 § 1.4, 1995; Ord. 694 § 1.1, 2005)

§ 9.09.130 Accessory dwelling units (ADUs).

A. Purpose and Intent. The purpose of these standards is to ensure:

1. Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) as defined herein are a permitted accessory use. This section establishes standards for the construction and occupancy of ADUs and JADUs. The standards herein serve to ensure ADUs and JADUs are constructed in a manner that is consistent with the requirements and allowances of state law, and contribute to a suitable living environment for all.

2. General Plan Consistency. ADUs and JADUs are a residential use consistent with the existing general plan and zoning designation. This section furthers the goals, objectives, and policies of the General Plan Housing Element.

3. Applicability. Under state law, the city must allow for ADUs and JADUs. A local homeowner's association cannot prohibit the construction of an ADU or a JADU. This section addresses all requirements of state law regarding ADUs.

B. Approval Authority. Approval of an ADU or JADU within a residential, mixed-use zone, or specific plan zone allowing residential or mixed-use is considered a ministerial action, and the approval authority is the community development director. Approval of an accessory dwelling unit is subject to all applicable requirements established within this section as well as all building, fire, engineering, flood, water quality, environmental codes, standards, and permitting fees established by the city.

C. Application and Processing.

1. Applications for the following types of ADUs that meet all the requirements of this section shall be ministerial and reviewed and processed with a building permit, subject to conditions of approval.

a. Single-family internal ADU within previously permitted existing space or within a new single-family residence; or

b. Single-family attached or detached ADU; or

c. Junior ADU. The building plan check application will include all the items in subsection C.3 below.

2. Applications for Multiple-Family ADUs Consistent with this Section. Applications for multiple-family ADUs either detached or within an existing permitted structure or dwelling, shall be made to the community development department and shall be permitted ministerially with approval of both an administrative plot plan and building permit. The administrative plot plan will include all the items in subsection C.3 below.

3. With regard to evaluating whether the ADU meets the standards of this section, the building permit application or administrative plot plan application, as applicable, shall include the following:

a. A detailed description and scaled, dimensioned floor plan of the proposed ADU, clearly illustrating the bedroom(s), bathroom(s), kitchen and other features or other proposed habitable areas;

b. A detailed description and scaled, dimensioned elevation of the proposed ADU, clearly illustrating the exterior entrance of the ADU;

c. A scaled, dimensioned site plan of the property clearly illustrating the location of all improvements on site (existing primary residence, garage, driveway(s), fences/walls, accessory structures, public right-of-way improvements, etc.) and where the ADU shall be located;

d. The scaled, dimensioned site plan of the property shall note the use(s) of all buildings existing on the site.

4. Applications to create an ADU or JADU shall be approved or denied within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, there will be a delay in approving or denying the permit application for the ADU or JADU until the city approves or denies the permit application to create a new single-family or multifamily dwelling on the lot. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.

5. If any ADU or JADU application is denied, the applicant will receive a full set of comments listing the specific items that are defective or deficient, along with a description on how the application can be remedied by the applicant pursuant to California Government Code Section 66317.

D. Development Standards and Requirements. Accessory dwelling units shall comply with the following development standards as described below and as shown in Tables 1 and 2:

1. Permitted ADUs. An ADU is permitted if the lot is zoned for single-family, multifamily use, or mixed use allowing for residential use, and contains an existing single-family structure or multifamily structure. The ADU may be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages. Additionally, an ADU or JADU is allowed within the proposed space of a single-family dwelling, or the existing space of a single-family dwelling, or an accessory structure.

a. Existing Single-Family Structure/Primary Dwelling Unit. For an existing single-family structure, one ADU and one JADU is permitted. An ADU may be detached or attached. A JADU must be contained within the space of an existing single-family structure. For an existing single-family structure, a homeowner, who meets specified requirements, may create one detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks, one converted ADU, and one JADU, in any order, totaling up to three units. To qualify for three ADUs on one lot, the ADUs must meet the requirements of Government Code Section 66323.

b. Existing Multifamily Structure. Within an existing multifamily structure, up to eight detached ADUs are allowed on a lot, provided that the number of ADUs does not exceed the number of existing units on the lot. At least one (but no more than 25% of the number of existing units) attached ADU can be created from the conversion of existing non-habitable space. These units must also meet the requirements of Section 66323.

c. Proposed Multifamily Structure. Up to two detached ADUs on a lot. These units must also meet the requirements of Section 66323.

d. Accessory Structure Conversion. The ADU may be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages. Additionally, an ADU is allowed within the proposed space of a single-family dwelling, or the existing space of a single-family dwelling, or an accessory structure. A JADU is allowed within the proposed space of a single-family dwelling or the existing space of a single-family dwelling.

2. Lot Size. There is no minimum lot size required if the ADU meets the setbacks described in this section.

3. ADU Size.

a. Minimum. The minimum unit size for a JADU per state law is 150 square feet. There is no minimum unit size for other ADU structures, provided that the ADU is in compliance with state laws, including building, health, and safety codes.

b. Maximum. The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to unit size requirements. (Government Code, Section 66323, subdivision (a)(1).)

c. Detached ADUs for Single-Family or Multifamily. The maximum unit size shall be 850 square feet for an efficiency or one bedroom, and 1,000 square feet for two or more bedrooms.

d. Attached ADUs. If there is an existing single-family dwelling on the site, the attached ADU shall be no larger in size than 850 square feet for an efficiency or one bedroom, and no larger than 1,000 square feet for two or more bedrooms. For multifamily, the ADU shall be no more than 800 square feet.

e. Lot Coverage/Floor Area Ratio/Open Space. If all of the following standards are satisfied for an attached ADU or detached ADU, lot coverage, floor area ratio, and open space requirements would not apply. All other development standards as described in this section would apply. (See Tables 1 and 2.)

f. Up to 800 square foot accessory unit.

g. No more than 16 feet in height.

h. Four-foot side and rear yard setbacks.

i. For all other ADUs allowed by this section, lot coverage, floor area ratio, and open space requirements of the underlying zone would apply.

4. ADU/JADU Height.

a. Detached ADUs. For a detached primary dwelling unit on a site, the ADU is permitted to be at least 16 feet in height. Exceptions include the following:

i. A height of 18 feet for a detached ADU on a lot with an existing or proposed single-family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code is allowed (Government Code Section 66321, subdivision (b)(4)(B)).

ii. An additional two feet in height to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit is allowed (maximum of 20 feet).

iii. Additionally, subdivision (b)(4)(C) requires the allowance of a height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.

b. Attached ADUs. For JADUs and internal ADUs, the height limits are not applicable, except that the height limit of the residential zone would apply if constructed in conjunction with a new single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.

5. Setbacks.

a. Front Setbacks. ADUs shall comply with the front setback requirement of the underlying zone; the front setback does not apply to an internal ADU or JADU.

b. Side and Rear Yard Setbacks. Setbacks for ADUs are summarized in Tables 1 and 2. Setbacks would generally not apply to JADUs or internal ADUs entirely contained within an existing dwelling unit; however, if constructed in conjunction with a new single-family residence, then the setbacks for the underlying zone would apply. Setbacks would not apply to an existing accessory building converted into an ADU.

c. If constructed in conjunction with a single-family residence, the street-side setbacks for the underlying zone would apply. The street side setback requirement is not applicable to a JADU, an attached ADU entirely contained within an existing dwelling unit, or an attached ADU which may be constructed at a setback equal to that of the primary dwelling, but no less than four feet.

6. Distance Between Structures. The standard for distance between structures of the underlying residential zone will apply where feasible, but if necessary, will be adjusted to accommodate an ADU that is 800 square feet or less, 16 feet in height, and with rear and side setbacks of no less than four feet. Any accommodation for the distance between structures will need to be evaluated for consistency with building codes for protection of public safety and approved by the community development director or designee.

7. The ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation, and shall include a kitchen and bathroom.

E. Design Requirements.

1. The entrance to an attached ADU shall be separate from the entrance to the primary dwelling unit.

2. All exterior changes shall be architecturally compatible with existing structures. When a garage is converted, the garage door shall be removed and framed in.

3. When a garage is converted into an ADU, a landscaped area with a depth of at least two feet shall be provided for the area adjacent to the garage door.

4. Plans that demonstrate an unobstructed pathway extending from a street to one entrance of the ADU are desirable prior to approval of an ADU application; however, this is not a mandatory requirement for an ADU.

5. If a manufactured home is the proposed structure for the ADU, it should still be compatible with the primary dwelling unit on the site.

6. ADUs, when converted from existing accessory buildings, are permitted without additional restrictions provided the structure has independent exterior access and side and rear setbacks sufficient for fire safety, provided that no more than 150 square feet is added for ingress/egress subject to the requirements of state law.

7. Outside stairways serving ADUs should not be located on any building elevation facing a public street.

Table 1: Accessory Dwelling Units—New Construction and Conversion of Accessory Buildings
	Conversion of Accessory Building per State Law	New Construction
		Detached ADU (single-family)	Detached ADU (multifamily)
Required Main Use on the Lot	Existing single-family dwelling	Existing or proposed single-family dwelling	Existing multifamily dwelling
Minimum Dwelling Size	None	Determined based on compliance with building and health and safety codes	Determined based on compliance with building and health and safety codes.
Unit Size Maximum	None, plus 150 sq. ft. maximum addition for ingress/egress subject to this section	No greater than 850 sq. ft. for an efficiency or one bedroom; For 2 or more bedrooms: up to 1,200 sq. ft.	For multifamily, no greater than 850 sq. ft. for an efficiency or one bedroom; For 2 or more bedrooms: up to 1,200 sq. ft.
ADU Height/Story Limit	None	At least 16 ft. is permitted, but above 16 ft. the ADU may not exceed the height of the existing primary dwelling on the site1, 2
ADU Front Setback	Not applicable	Front setback standard of the underlying zone applies3	Front setback standard of the underlying zone applies.
ADU Minimum Side and Rear Yard Setbacks	Not applicable	If ADU is 16 ft. or less in height: 4 ft. for interior side yard and rear yard. If ADU is more than 16 ft. in height: interior side and rear yard setbacks of the underlying zone would apply.	4 ft. for interior side yard and rear yard.
Minimum Distance Between Structures (Primary Dwelling and ADU)	Not applicable	The standard of the underlying zone will apply where feasible, however, the city must still accommodate an ADU of up to at least 800 sq. ft. or less, 16 ft. in height, and with 4-ft. rear and/or side yard setbacks.
Parking	None	See parking requirements under subsection F of this section

Notes:
1.	A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
2.	A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
3.	Front setback requirements cannot be used to prohibit the construction of an ADU, where there is no other alternative to allow for the construction of an 800 square foot ADU that meets height limits and complies with four-foot side and rear setbacks.

Table 2: Junior and Attached Accessory Dwelling Units
	Junior ADU per State Law	Internal ADU (Proposed ADU contained within existing SFD)	Attached ADU (addition to residence)	Attached Multiple-Family ADUS per State Law
Minimum Unit Size	150 sq. ft.	Determined based on compliance with building and health and safety codes.
Unit Size Maximum	500 sq. ft.	The conversion of an existing accessory structure or a portion of the existing primary residence to an ADU is not subject to unit size requirements. (Gov't Code, § 66323, subd. (a)(1).) Proposed attached ADUs are limited in size to not greater than 50% of the existing primary dwelling as a maximum unit size, but only if it does not restrict an ADU's size to less than 850 sq. ft, or 1,000 sq ft. for ADUs with more than one bedroom (Gov't Code, §§ 66314, subd. (d)(4); 66321 (b)(2)).		No more than 800 sq. ft.
ADU/JADU Height Limit	Not applicable, except height limit of the underlying zone would apply if constructed in conjunction with new single-family residence.	Not applicable, except height limit of residential zone would apply if constructed in conjunction with new single-family residence.	An ADU that is attached to the primary dwelling may not exceed 25 ft. in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower, and may not exceed 2 stories.	An ADU that is attached to the primary dwelling may not exceed 25 ft. in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower, and may not exceed 2 stories.
Front Setback	Not applicable, JADU must be within walls of primary dwelling unit.	Front setback standard of the underlying zone applies.1
ADU/JADU Min. Side and Rear Yard Setbacks	Not applicable, setbacks of the underlying zone would apply if constructed in conjunction with new single-family residence.	Not applicable, setbacks of the underlying zone would apply if constructed in conjunction with new single-family residence.	An attached ADU shall meet the requirements of the underlying zone, except that if the attached ADU is 800 sq. ft. or less and no taller than 16 ft., the side setbacks may be 4 ft.	4 ft. for ADU portion if new building or addition.
Parking	See parking requirements under subsection F of this section.

Notes:
1.	Front setback requirements cannot be used to prohibit the construction of an ADU, where there is no other alternative to allow for the construction of an 800 square foot ADU that meets height limits and complies with four-foot side and rear setbacks.

F. Parking Requirements.

1. Parking requirements, consistent with Chapter 9.11 of this title:

a. Unless the JADU or ADU is exempt from parking requirements as described in subsection F.2, one parking space is required per accessory dwelling unit or per bedroom of an accessory dwelling unit, whichever is less, and may be provided through tandem parking on a driveway unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

b. Parking is allowed in rear and side setback areas, and in a paved driveway in the front setback area if parking in the rear and side setback areas is not possible, provided that all other development standards are satisfied including minimum front yard landscaping standards.

c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, the off-street parking spaces will not be required to be replaced.

d. No replacement parking when an uncovered parking space is demolished for or replaced with an ADU.

2. Parking Exemptions. Additional parking spaces are not required for ADUs, nor for JADUs in any of the instances listed in subsections F.2.a through e below. Further, JADUs within the living area of the primary dwelling unit are exempt from all parking requirements, but the standards in subsection F.1 would apply if a garage is converted to a JADU.

a. The ADU is located within one-half mile of a public transportation stop along a prescribed route according to a fixed schedule; or

b. The ADU is located within one block of a car share parking spot; or

c. The ADU is located in a historic district listed in or formally determined eligible for listing in the National Register of Historic Places and the California Register of Historical Resources or as a city historic preservation overlay zone; or

d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or

e. The accessory dwelling unit is part of the existing dwelling unit or an existing accessory structure.

G. JADU Requirements. As specified in state law, specific requirements apply only to junior accessory dwelling units. The development standards for JADUs are summarized in Table 2. The standards and requirements for JADUs are as follows:

1. JADUs must be constructed entirely within the walls of the primary structure and have their own entrance.

2. The JADU cannot exceed 500 square feet.

3. JADUs are limited to one per residential lot if a single-family residence is already constructed on a lot.

4. The owner must record a deed restriction stating that the JADU cannot be sold separately from the single-family residence.

5. The owner shall execute a covenant and agreement in a form acceptable to the city to document that either the primary dwelling unit or the accessory dwelling unit will be owner-occupied. If the owner of the property is a governmental agency, land trust, or housing organization, then owner occupancy cannot be required.

6. The JADU must include a cooking facility with appliances (Government Code Section 66333, subdivision (f)(1)).

7. The JADU may share a bath with the primary residence or may have its own bath.

8. An interior entry into the single-family residence is not required, unless JADU shares a bathroom with the primary dwelling. In this instance, the JADU is required to have an interior entry to the primary dwelling's "main living area," independent of the exterior entrances of the JADU and primary dwelling.

9. The JADU is to be considered part of the single-family residence for purposes of fire and life protection ordinances and regulations, such as sprinklers and smoke alarms.

10. Additional parking may only be required if a garage is converted into a JADU as described in subsection F above.

11. Water, sewer, and power connection fees may not be required.

H. Fees. ADUs shall be subject to all development fees specified by city ordinances or resolutions for ADUs. Impact fees may not be imposed on JADUs and ADUs smaller than 750 square feet. For ADUs greater than 750 square feet, local agencies must assess an impact fee that correlates to square footage of primary residence. ADUs shall not be considered new residential uses for purpose of calculating utility connection fees or capacity charges, including water or sewer service.

I. Enforcement. Upon application and approval, the city must delay enforcement against a qualifying substandard ADU for five years to allow the owner to address the violation, so long as the violation is not a health and safety issue, as determined by the community development department.

J. ADUs may be sold or otherwise conveyed separately from the primary dwelling if it is owned by a qualified nonprofit corporation whose mission is to provide units to low income households and that they complete a deed restricted sale consistent with state law (Government Code Section 66341).

K. ADUs may be sold or otherwise conveyed separately from the primary residence as a condominium pursuant to Government Code Section 66341.

L. An accessory dwelling unit created pursuant to this municipal code section shall only be rented for a period of longer than 30 days as specified in state law.

M. Unpermitted ADUs or JADUs (Section 66332 of the Government Code — AB 2533). Notwithstanding any other law, a local agency shall not deny a permit for an unpermitted accessory dwelling unit or unpermitted junior accessory dwelling unit that was constructed before January 1, 2020, due to either of the following:

1. The ADU or JADU is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.

2. The accessory dwelling unit or junior accessory dwelling unit does not comply with this article or Article 3 (commencing with Section 66333), as applicable, or any local ordinance regulating accessory dwelling units or junior accessory dwelling units.

3. This section shall not apply to a building that is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code.

4. Homeowners, before submitting an application for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit's existing condition or potential scope of building improvements before submitting an application for a permit.

5. A homeowner applying for a permit for a previously unpermitted ADU or JADU constructed before January 1, 2020, shall not be required to pay impact fees or connection or capacity charges except when utility infrastructure is required to comply with Section 17920.3 of the Health and Safety Code and when the fee is authorized by subdivision (e) of Section 66324.

6. Upon receiving an application to permit a previously unpermitted ADU or JADU constructed before January 1, 2020, an inspector from the city of Moreno Valley may inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards necessary to obtain a permit. If the inspector finds noncompliance with health and safety standards, the local agency shall not penalize an applicant for having the unpermitted ADU or JADU and shall approve necessary permits to correct noncompliance with health and safety standards.

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

"Livable space"

means only spaces intended for human habitation, including living, sleeping, eating, cooking, or sanitation. Multifamily buildings can convert non-livable space to ADUs, which will allow spaces such as laundry rooms and community rooms to be converted to ADUs.

"Multifamily Dwelling"

means, for the purposes of state ADU law, a structure with two or more attached dwellings on a single lot is considered a multifamily dwelling. Multiple detached single-family dwellings on the same lot are not considered multifamily dwellings for the purposes of state ADU law.

(Ord. 359, 1992; Ord. 428 § 1.2, 1994; Ord. 475 § 1.4, 1995; Ord. 817 § 3.3, 2010; Ord. 912 § 20, 2016; Ord. 928 § 5, 2018; Ord. 984 § 3, 2022; Ord. 999 § 7, 2023; Ord. 1013, 6/25/2024; Ord. 1028, 6/17/2025)

§ 9.09.140 Self-storage warehouses.

A. Purpose and Intent. The purpose of this section is to ensure that self-storage warehouse operations, commonly known as "mini-warehouses," do not result in an adverse impact on adjacent properties by reason of parking demand, traffic generation, fire or safety hazard, visual blight or use indirectly supportive of illegal or criminal activity. It is further the intent of this section to ensure protection to surrounding properties and their values through consideration of physical treatment, aesthetics and compatibility with the surrounding properties.

B. Applicability. Each self-storage warehouse shall be subject to the property development requirements for the district in which it is to be located, and the special standards listed below. The provisions of this section shall apply to all new self-storage warehouse uses and to all self-storage warehouses existing on the effective date of the ordinance codified in this chapter at such time as the business files for any city building or discretionary city permit for expanding or enlarging the use.

C. Compatibility. Self-storage warehouses (indoor or outdoor) require a conditional use permit in the community commercial zone to ensure that the self-storage warehouse is compatible with surrounding properties, and with development on major arterials.

1. Self-storage warehouses shall not be designed to front on major arterials, except in locations where enforcement of this requirement creates the potential for negative impacts to the health, safety and welfare of the community, in which case the findings for a variance, as provided for in Municipal Code Section 9.02.100(D), must be made to support the exception.

2. The design of commercial use or other allowed uses within the underlying zoning shall provide screening of the self-storage warehouse, except in locations where enforcement of this requirement creates the potential for negative impacts to the health, safety and welfare of the community, in which case the findings for a variance, as provided for in Municipal Code Section 9.02.100(D), must be made to support the exception. Enhanced landscape shall be required to provide appropriate screening.

D. Minimum Development Standards.

1. No business activity shall be conducted other than the rental of storage spaces for inactive storage use.

2. All storage, except vehicle storage, shall be fully enclosed within a building or buildings.

3. No flammable or otherwise hazardous materials shall be stored on site.

4. A decorative masonry wall, at least six feet high, shall be required adjacent to any residential district. The height, placement and design of such wall shall be considered on a site-specific basis considering the need for security and screening.

5. Notwithstanding the setback requirements of the district in which the facility is located, one-story structures associated with self-storage warehouse facilities may be constructed on the interior side or rear property line.

(Ord. 359, 1992; Ord. 488 §§ 1.8, 1.9, 1996; Ord. 497 § 1.5, 1996; Ord. 693 § 2 (Exh. A), 2005; Ord. 789 § 2, 2009)

§ 9.09.150 Senior citizen housing.

A. Purpose and Intent. The purpose and intent of this chapter is to provide for development of senior citizen housing pursuant to standards which reflect the unique character of senior citizen residential occupancy.

B. Applicability. Senior housing shall be subject to the property development requirements of the underlying district and subject to all applicable local, state and federal laws, including the requirements of this section.

C. Property Development Standards. Development standards shall be flexible to ensure efficient site planning and neighborhood compatibility and to reflect the unique requirements of persons over the age of 55.

1. A senior citizen housing development must have a minimum of 20 dwelling units.

2. The number of dwelling units may exceed that which is permitted in the underlying district by up to 100%, or as otherwise approved by the planning commission, provided the conditions of approval include the following requirements:

a. Commitment to the ongoing use of the facility as senior citizen housing;

b. Identification of amenities and assurances of their ongoing availability;

c. Identification of facility operator; and

d. Other requirements as deemed necessary to protect and preserve the health, safety and welfare of the occupants and the community.

3. There is no requirement for the affordability of the units for very low, low or moderate income households for a senior citizen housing development to qualify for the above density bonus.

4. Each dwelling unit shall consist of individual rooms that contain a full bathroom and may contain small, efficiency kitchens. Any common kitchen, dining, and living space, and recreational facilities must be adequate to serve all residents.

5. The units provided shall not be less than 415 square feet in floor area for efficiency units, and 540 square feet for one-bedroom units, or as otherwise approved by the planning commission.

Minimum Unit Size for Senior Citizen Housing Developments
Unit Size	Common Dining
	With	Without
Studio	360 sf	450 sf
One-bedroom	500 sf	600 sf
Two-bedroom	700 sf	800 sf

6. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public right-of-way, and compatible with the residential neighborhood.

7. The development shall provide laundry facilities adequate for the number of residents.

8. A senior housing development is required to have one or more of the following specific common facilities for the exclusive use of the resident senior citizens:

a. Beauty salon and barber shop;

b. Coffee shop;

c. Small scale pharmacy or store selling daily needs such as groceries, gifts, and clothing;

d. Transportation, maintained and operated by the facility;

e. Recreational center; and

f. Other facilities for the sole enjoyment of residents.

9. The use will be so located as to provide residents easy access to community services such as transportation, shopping, and other daily services. Where appropriate, there should also be provided a generous amount of activity facilities (both indoors and outdoors) for residents.

10. On-site landscaping shall be installed and maintained consistent with the underlying district.

11. Senior housing projects in the office (O) and office commercial (CO) districts shall be subject to the residential 15 (R15) development standards.

12. Parking garages, surface parking, and private and common areas located outside the building shall be designed to protect the security of residents, guests and employees by controlling access to the facilities by other persons.

13. Outdoor Living Area. Any project containing four or more private living quarters shall provide the following minimum open space: 100 square feet per living quarter for projects with four or five private living quarters, and 50 square feet per living quarter for projects of six private living quarters or more. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space.

14. Congregate care senior citizen housing projects, which by their design appeal to age categories significantly older than age 55, may request reduced parking requirements if it can be demonstrated that less demand will be generated with approval of a parking study pursuant to Section 9.11.070(A).

D. Accessibility.

1. All second-story units shall be serviced by elevators.

2. All common areas shall be wheelchair accessible.

3. Units designed for persons with a disability shall meet requirements for State Title 24 regulations.

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

"Congregate care senior citizen housing"

means senior citizen housing which provides meal service at a central dining facility but does not provide 24 hour services or supervision.

"Senior citizen housing"

is defined as attached residential development designed for, and restricted to, persons or couples of which one member is age 55 or older, as specified in California Civil Code Sections 51.11 and 51.12. These residences are intended entirely for independent living, and do not require support services such as common dining facilities or medical care.

"Senior citizen housing development"

means a residential development developed with more than 20 units as a senior community by its developer and zoned as a senior community by a local governmental entity, or characterized as a senior community in its governing documents, as these are defined in Section 4150, or qualified as a senior community under the Federal Fair Housing Amendments Act of 1988, as amended.

(Ord. 359, 1992; Ord. 398 § 1.9, 1993; Ord. 488 § 1.10, 1996; Ord. 999 § 8, 2023)

§ 9.09.160 Residential care facilities.

A. Purpose and Intent. Residential care homes and facilities provide a cost-effective, supportive, and non-institutional environment for state-licensed operations. In order to protect the public health, safety, and welfare, to preserve and protect the integrity of residential neighborhoods, and to ensure this code does not act as a disincentive to or unreasonably restrict the development of residential care homes, including, but not limited to, group homes, elderly care facilities, adult residential facilities, disabled care facilities, foster homes, juvenile court residential facilities for abused or neglected children, and other facilities licensed by the state, residential care facilities shall be allowed and developed in accordance with the standards set forth in this section.

B. Applicability. The purpose of this section is to establish standards for review of residential care homes and facilities, including those providing housing and supportive services for disabled individuals and households, in compliance with state law. This section shall be interpreted and applied consistent with the policies and guidelines of the general plan housing element, the requirements of the California Government Code, including, but not limited to, Section 65580 et seq., and the requirements of the California Health and Safety Code Section 1500 et seq.

1. As used in this section, "juvenile court residential facilities" do not include any juvenile placement facility approved by the Department of Corrections and Rehabilitation, Division of Juvenile Justice, any juvenile hall operated by a county, or any place in which a juvenile is judicially placed pursuant to California Welfare and Institutions Code Section 727(a).

2. As used in this section, "residential care facilities" do not include and this section does not apply to any independent living arrangement, transitional housing, or supportive housing. For transitional housing or supportive housing, the requirements of Section 9.09.310 (Supportive and transitional housing) shall apply.

C. Property Development Standards. The following standards shall apply to residential care facilities:

1. Residential care facilities shall be considered a residential use of property, and, except as otherwise set forth in this section, shall be subject only to those restrictions and standards that apply to other residential dwellings of the same type in the same zoning district.

2. A residential care facility that serves six or fewer persons shall not be included within the definition of a boarding house, rooming house, institution, or home for the care of minors, the aged, or persons with mental health disorders, foster care home, guest home, rest home, community residence, or other similar terms that imply that the residential facility is a business run for profit or differs in any other way from a family dwelling.

3. Residential care facilities that serve six or fewer persons are allowed in all residential zoning districts a permitted use without a conditional use or other discretionary permit.

4. Any sized residential care facility shall not be located in an accessory dwelling unit (ADU), unless the primary dwelling unit is used for the same purpose.

5. The group home has six or fewer occupants, not counting a house manager, but in no event shall it have more than seven occupants. If the dwelling unit has an accessory dwelling unit (ADU), occupants of both units will be combined to determine whether or not the limit of six occupants has been exceeded.

6. Residential care facilities for more than six residents shall be permitted in any residential district subject to a conditional use permit, the property development standards of the underlying district, and all applicable local, state, and federal laws, including the standards in subsection C of this section.

7. Residential care facilities for more than six residents has a minimum distance requirement of 300 feet from any other residential care facility as specified by State Health and Safety Code Section 1267.9(b).

8. Density shall be in accordance with the requirements of the district within which the facility is located.

9. Parking shall be provided based upon demonstrated need but shall not require more parking than required for other residential uses within the same zoning district. Except as otherwise required or allowed by this subsection, the parking requirements of Chapter 9.11 shall also apply.

10. Fences or walls may be required to ensure privacy and neighborhood compatibility.

11. Such other conditions and standards necessary to preserve and safeguard the public health, safety or welfare of the occupants and the community may be imposed.

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

"Residential facility"

means any family home, group care facility, or similar facility that is maintained and operated to provide 24 hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.

(Ord. 359, 1992; Ord. 999 § 9, 2023)

§ 9.09.170 Emergency shelters.

A. Purpose and Intent. The purpose of this section is to permit emergency shelters and to ensure that they do not adversely impact adjacent properties and surrounding neighborhoods consistent with the goals, objectives and policies of the general plan.

B. Applicability. Emergency shelters shall be permitted in the mixed-use zones/corridors: downtown center (DC), corridor mixed-use (COMU), and center mixed-use (CEMU) without a conditional use permit or other discretionary action.

Emergency shelters in the community commercial (CC), office commercial (OC), office (O), public (P), and business park-mixed use (BPX) zoning districts as well as the following mixed-use zones/corridors: highway/office commercial (H/OC) are subject to a conditional use permit, the property development standards of the underlying district, and all applicable local, state and federal laws, including the standards in subsection D of this section.

C. Any additional requirements imposed by the State Department of Housing and Community Development through its oversight.

D. Additional development standards, which shall take precedence should they be in conflict with those found in Sections 9.04.040 and 9.05.040:

1. The maximum number of clients permitted to be served (eating, showering, and/or sleeping) nightly shall not exceed one per 125 square feet of floor area;

2. Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone;

3. The interior intake waiting area for a facility shall include a minimum of 10 square feet per bed;

4. The exterior intake waiting area shall be screened from public and/or private view by a six-foot block wall and landscaping;

5. A storage area shall be provided at a rate of five square feet for each bed. Such storage area need not be provided adjacent to client sleeping area;

6. At least one toilet and one shower shall be provided for each 15 beds;

7. No portion of any emergency homeless shelter shall be located within 300 feet of another emergency homeless shelter that is currently built, or that is approved to be built;

8. No portion of an emergency homeless shelter shall be located within 500 feet of property zoned for residential use;

9. No portion of an emergency homeless shelter shall be located within one-quarter mile of a "soup kitchen" or other similar congregate meal facility, measured property line to property line; and

10. Lighting shall be provided in all parking, exterior (outside) intake and/or waiting areas, outside common areas and along the periphery of the building and facility. Such lighting shall be in conformance with Section 9.08.100 of the Moreno Valley Municipal Code.

(Ord. 869 § 3.2, 2013; Ord. 999 § 10, 2023)

§ 9.09.180 Employee housing.

A. Purpose and Intent. The purpose of this section is to permit employee housing and to ensure that it does not adversely impact adjacent properties and surrounding neighborhoods consistent with the goals, objectives and policies of the general plan.

B. Applicability. Every person, or agent or officer thereof, constructing, operating, or maintaining employee housing shall comply with the requirements of this section and all applicable health, safety and building codes and standards.

1. Employee housing provided by the employer and maintained in connection with the work or place where work is being performed must comply with all provisions of Section 17008(a) of the California Health and Safety Code.

2. Employee housing not maintained in connection with any workplace and provided by someone other than an agricultural employer must comply with all provisions of Section 17008(b) of the California Health and Safety Code.

3. Employee housing for six or fewer employees shall be treated as a single-family structure and permitted in the same manner as other dwellings of the same type in the same zone (California Health and Safety Code Section 17021.5).

4. Employee housing consisting of no more than 12 units or 36 beds is permitted in the same manner as other agricultural uses in the residential 1 (R1) and residential agriculture 2 (RA2) zoning districts (California Health and Safety Code Section 17021.6).

5. Nothing in this code shall prohibit the use of a multiple-family unit from housing agricultural employees in the same manner as a family defined within Section 9.15.030 of this code.

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

"Employee housing"

shall have the same meaning ascribed in Health and Safety Code Section 17008.

"Farmworker housing"

has the same meaning as "employee housing" as set forth in California Health and Safety Code Section 17008(a) for agricultural employees.

(Ord. 869 § 3.5, 2013; Ord. 999 § 11, 2023)

§ 9.09.190 Single room occupancy (SRO) facility.

A. Purpose and Intent. The purpose of this section is to permit single room occupancy (SRO) facilities and to ensure that they do not adversely impact adjacent properties and surrounding neighborhoods consistent with the goals, objectives and policies of the general plan.

B. Applicability. Single room occupancy (SRO) facilities shall be permitted in the community commercial (CC) zoning district and are subject to the property development standards of the underlying district, and all applicable local, state and federal laws, including the standards in subsection D of this section.

Single room occupancy (SRO) facilities shall be permitted in the mixed use overlay and residential 30 (R30) districts subject to a conditional use permit, the property development standards of the underlying district, and all applicable local, state and federal laws, including the standards in subsection D of this section.

C. Tenant Occupancy and Income Restrictions.

1. Length of Tenancy. Rental units shall be established for weekly and monthly tenancies only. Deposit requirements shall be specified for each type of tenancy.

2. Tenant Income Restrictions. SRO developments shall be restricted to low and very low-income individuals as defined by the general plan housing element. This restriction shall not apply to an SRO project's 24 hour resident manager.

D. Property Development Standards. The following standards shall apply to single room occupancy (SRO) facilities:

1. A single room occupancy facility shall have only one ingress/egress for residents, except for required emergency exit(s).

2. Each single room occupancy unit shall contain a minimum of 220 square feet, including a minimum 10 square feet of storage space.

3. Each single room occupancy unit shall contain a bathroom consisting of, at a minimum, one commode, one lavatory and one shower.

4. Each single room occupancy unit shall contain kitchen facilities consisting of, at a minimum, a microwave oven, a sink and a refrigerator. If stoves are not provided in each unit, then stoves shall be provided in a common kitchen area accessible to the entire SRO project.

5. Off-street parking must be provided at a rate of one space per three rooming units plus one space per two employees on the largest shift, but not less than two spaces plus one space per vehicle used in the operation of the SRO.

6. Each single room occupancy facility shall provide one-half secure bicycle parking facilities for each unit. Any partial spaces in this calculation shall be rounded up to the next whole facility.

7. SRO projects shall have at least 10 square feet of common usable open space per unit; however, no SRO project shall provide less than 200 square feet of common outdoor open space and 200 square feet of common indoor open space. Maintenance areas, laundry facilities, storage (including bicycle storage), and common hallways shall not be included as usable indoor common space. Landscape areas that are less than eight feet wide shall not be included as outdoor common space.

8. Laundry facilities that have a minimum of two washers and two dryers must be provided in a separate room. Additional washers and dryers must be provided for any development that has more than 20 units at the ratio of one washer and one dryer for every additional 20 units.

9. Twenty-four hour on-site management must be provided at an SRO with seven or more units and shall include a dwelling unit designated for the manager.

10. All SRO projects must have a management plan approved by the city of Moreno Valley planning director. The management plan shall contain management policies, maintenance plans, rental procedures, tenant rules, and security procedures.

11. A mailbox shall be provided for each SRO unit.

12. Each SRO project shall provide a centralized trash area.

(Ord. 869 § 3.8, 2013)

§ 9.09.200 Service stations.

A. Purpose and Intent. This section shall apply to service stations, mini-markets and any combination of uses which dispense fuel for retail sales. The purpose of these standards is to ensure that service stations do not result in an adverse impact on adjacent land uses, especially residential uses. While service stations are needed by residents, visitors and employees in the city, the traffic, glare and uses associated with service stations, particularly those open during late night hours or 24 hours per day may be incompatible with nearby uses, particularly residential uses. Mini-markets in service stations may cause greater impacts because they are more likely to serve people passing through the city from other communities than nearby residents, and they tend to attract a higher incidence of crime. Therefore, in the interest of protecting the health, safety and general welfare of the city and its residents, special regulations are imposed on service stations, consistent with and to implement the goals, objectives and policies of the general plan.

B. Applicability. All service stations shall comply with the property development requirements for the districts in which they are located, and with the standards and provisions in this section. The provisions of this section shall apply:

1. To all new service stations; and

2. To all service stations existing on the effective date of this title and for which any city building or discretionary permit for expanding or enlarging the use is granted.

C. Minimum Development Standards.

1. Each parcel shall have a minimum street frontage of 150 feet on each abutting street.

2. No building or structure shall be located within 20 feet from any public right-of-way, or within five feet of any interior parcel line.

3. Service stations, convenience stores which provide fuel-pumping services and any other facilities which provide fuel-pumping services to the general public shall orient all fuel pump islands to be parallel to each other and shall be designed to minimize traffic conflicts. Nonparallel or "L" shaped fuel pump island configurations are not permitted.

4. If a reverse orientation for the building is selected, rear building elevations shall have architectural details consistent with the overall design theme.

5. In all cases, service bays shall be accessed from the interior of the site.

6. Gasoline pumps shall be at least 20 feet from any property line.

7. Canopies shall be at least 10 feet from any property line and architecturally compatible with the main structure.

8. Service stations shall be integrated with adjacent commercial properties through the use of compatible materials, textures, colors, landscaping treatment and access.

9. Service stations shall be separated from adjacent residential property by a decorative masonry wall of not less than six feet in height. Materials, textures, colors and design of all walls shall be compatible with on-site development and adjacent properties. No wall required to be erected and maintained by the provisions of this section shall be constructed within five feet of a driveway entrance or vehicle access way opening onto a street or alley which would obstruct a cross view of pedestrians on the sidewalk, alley or elsewhere by motorists entering or exiting the parcel.

10.

a. The right-of-way, plus 10 feet of the site, is landscaped, as well as a planting strip at least five feet wide along all interior parcel lines, except driveways, and adjacent to buildings. Parcels abutting residential districts are subject to Section 9.04.040(B)(1) of this title. Planters are surrounded by masonry or concrete curbs, and so arranged as to preclude motor vehicles from driving across the sidewalk at locations other than access driveways.

b. A minimum of 150 square feet of landscaped area is provided at the intersection of two property lines at the street corner.

11. Not more than one driveway with a maximum width of 40 feet shall be permitted on any one street frontage and shall comply with City Standard Plan 118C. Fifty feet queue storage shall be provided. Driveways shall be located per Table 9.16.250A of the Municipal Code. Any deviation from the above standard requires the approval of the city traffic engineer.

12. All lubrication bays and wash racks shall be located within a fully enclosed building. Access to the service bays and wash racks shall not be located within 50 feet of a residentially zoned property, and shall be oriented away from public rights-of-way.

13. Each service station shall provide air and water to customers without charge and at a convenient location during hours when gasoline is dispensed.

14. Each service station shall provide a men's and a women's public restroom which are accessible, from the interior of the business only, to the general public and physically disabled during all hours the service station is open to the public. Entrances or signage shall be clearly visible from the gasoline service area or cashier station, and shall be maintained on a regular basis.

15. Coin-operated vending machines may be permitted within a structure for the purpose of dispensing items commonly found in service stations, such as refreshments and maps.

16. Coin-operated vending machines are not permitted outdoors, unless approved by the community development director.

17. All repair and service activities and operations shall be conducted entirely within an enclosed service building, except as follows:

a. The dispensing of petroleum products, water and air; and

b. Replacement service activities such as wiper blades, fuses, radiator caps and lamps.

18. Trash areas shall be provided and screened on at least three sides from public view by a solid decorative wall not less than five feet in height.

a. All trash shall be deposited in the trash area and the gates leading thereto shall be maintained in working order and shall remain closed, except when in use.

b. Refuse bins shall be provided and placed in a location convenient for customers.

c. Trash areas shall not be used for storage. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. No used or discarded automotive parts or equipment, or inoperable vehicles may be stored outside of the main building.

19. The service station shall at all times be operated in a manner not detrimental to surrounding properties or residents. Site activities shall not produce or be reasonably anticipated to produce any of the following:

a. Damage or nuisance from noise, smoke, odor, dust or vibration;

b. Hazard from explosion, contamination or fire; or

c. Hazard occasioned by the unusual volume or character of traffic, or the congregating of a large number of people or vehicles.

20. Service stations/mini-markets selling alcoholic beverages shall conspicuously post the premises with signs prohibiting the consumption of alcoholic beverages on-site.

21. The above standards shall be considered minimum standards. The appropriate approval authority may alter standards when necessary to adequately protect adjacent uses in cases where extraordinary site conditions exist.

D. Accessory Uses. Accessory uses may include the following:

1. Vehicle washing and lubricating services;

2. The sale and servicing of tires, batteries, replacement items and other automotive accessories;

3. Minor automotive repair;

4. Towing service limited to two trucks; and

5. Other uses, as determined by the community development director to be similar to or not more detrimental than those listed above.

Major automotive and light truck repair is not considered an accessory use.

E. Abandoned or Converted Service Stations. Where service stations become vacant or cease operation beyond 180 days, the conditional use permit shall be deemed null and void and the owner shall be required to remove: all underground storage tanks; all gasoline pumps and pump islands; and shall remove freestanding canopies.

F. Converted Service Stations. The conversion of buildings and structures which were originally designed as a gasoline service station and which are proposed to be used for another use shall be subject to a conditional use permit. The conversion of the facilities to another use may require upgrading and remodeling for such things as, but not limited to, removal of all gasoline appurtenances, removal of canopies, removal of pump islands, removal of overhead doors, additional landscaping, dedicating and installing necessary street improvements or modification of existing improvements to conform to applicable standards.

(Ord. 359, 1992; Ord. 475 § 1.4, 1995; Ord. 488 § 1.11, 1996; Ord. 616 § 2.2.19, 2003; Ord. 694 § 1.1, 2005; Ord. 808 § 2.4, 2010; Ord. 869 § 3.10, 2013)

§ 9.09.201 Sidewalk cafés.

A. Purpose and Intent. The purpose of this section is to permit sidewalk cafés that enhance the pedestrian ambiance of the city and to ensure that they do not adversely impact adjacent properties and surrounding neighborhoods consistent with the goals, objectives and policies of the general plan.

B. Applicability. Sidewalk cafés may be permitted in all districts which permit eating and drinking establishments. Each sidewalk cafe shall comply with the property development standards and approvals required for the district in which it is to be located and with the minimum development standards set forth below.

C. Minimum Development Requirements. The following minimum development standards shall apply to sidewalk cafés:

1. The sidewalk café may be conducted as an independent restaurant or as an accessory use to a legally established or permitted restaurant or other eating and drinking establishment.

2. Awnings, umbrellas or trellis structures may be used in conjunction with a sidewalk café.

3. When conducted as an accessory use, the hours of operation of the sidewalk café shall be limited to the hours of operation of the associated restaurant or other eating and drinking establishment.

4. Sidewalk cafés are required to insure that the area is kept neat and clean and that all trash and debris are properly disposed of and not allowed to accumulate or be dispersed onto surrounding properties or rights-of-way.

(Ord. 359, 1992; Ord. 869 § 3.10, 2013)

§ 9.09.202 Swimming pools, spas and recreational courts.

A. Purpose and Intent. The purpose of this section is to permit design flexibility for the construction of swimming pools, spas and recreational courts within residential, hillside and open space districts while being sensitive to and consistent with the predominant character of the area.

B. Applicability. Swimming pools, spas and recreational courts shall be subject to minor development review, the property development standards of the underlying district and the standards in this section.

C. Swimming Pools and Spas. The following standards shall apply to swimming pools and spas.

1. Swimming pools and spas shall maintain a minimum five-foot setback from property line to the water line. Pool appurtenances greater than five feet in height shall be subject to the setback requirements of the underlying district.

2. Swimming pool equipment and self-contained or portable spas which incorporate the pump or blower assembly shall maintain a minimum setback of five feet from any rear or side property line. Pool equipment may be located closer than five feet from any rear or side property line if the equipment is screened from view from public rights-of-way and an unobstructed path at least three feet wide is provided along the side of the residence.

3. Swimming pool equipment shall be operated in accordance with Section 9.03.040(E)(7).

D. Recreational Courts. The following standards shall apply to recreational courts:

1. Recreational courts and recreational court fencing which exceeds six feet in height shall be set back a minimum of 10 feet from side and rear property lines.

2. The maximum height of fences enclosing recreational courts shall be 10 feet.

3. A maximum of eight lights may be permitted, and may not exceed a height of 22 feet.

4. All lighting shall be certified by a qualified professional engineer to be designed, constructed, mounted and maintained so that the light source is shielded when viewed from any point outside of the parcel at the lot line.

5. All lighting shall be used only between the hours of seven a.m. and ten p.m.

6. The surface of any recreational court shall be designed, and painted, colored or treated to reduce reflection from any lighting thereon.

7. The above standards shall be considered minimum standards. The appropriate approval authority may alter standards when necessary to protect adjacent uses in cases where extraordinary site conditions exist.

(Ord. 359, 1992; Ord. 528 § 1.6, 1997; Ord. 869 § 3.10, 2013; Ord. 912 § 10, 2016)

§ 9.09.203 Mobile home parks.

A. Intent and Purpose. The intent and purpose of this section is to establish standards for the development of mobile home parks in a manner that will be compatible with the general plan and surrounding uses.

B. Applicability. Mobile home parks shall be permitted as noted in Section 9.02.020. Mobile home parks shall be subject to the requirements of the underlying district in which it is located and the development standards identified in this section.

C. Development Standards.

1. A mobile home park must conform to standards and maintain a valid permit in accordance with state laws and regulations, including provisions of the Mobile Home Parks Act, California Health and Safety Code, Division 13, Part 2.1 and the applicable regulations adopted pursuant thereto by the State Department of Housing and Community Development.

2. Recreational vehicles, campers and trailers shall not be used as dwelling units within a mobile home park.

3. A mobile home park shall encompass an area of at least five acres.

4. The density (dwelling units/acre) of a mobile home park shall be subject to the density standards designated in the general plan.

5. A mobile home park shall provide recreational facilities for the benefit of the residents of the mobile home park.

(Ord. 359, 1992; Ord. 869 § 3.10, 2013)

§ 9.09.204 Wind energy systems.

A. Purpose and Intent. The purpose of this section is to permit wind energy systems in ways that mitigate the potential aesthetic, acoustical and safety impacts on the community.

B. Applicability. This section applies to wind energy systems used to produce electricity or power mechanical equipment. Wind energy systems include supporting towers and any associated components, including, but not limited to, turbines, blade systems and electrical equipment.

C. Development Requirements. Wind energy systems shall be installed, modified and maintained in accordance with the following provisions:

1. The height of a wind energy system tower shall be measured from the ground level to the top of the fixed portion of the tower, excluding any wind turbine and associated vanes and blades.

2. The minimum building setback for wind energy system towers shall be equal to the height of the system and not less than any setback required by the applicable fire and building codes.

3. Wind energy systems shall comply with all applicable Federal Aviation Administration requirements, including Subpart B (commencing with Section 77.1) of Part 77 of Title 14 of the Code of Federal Regulations and the State Aeronautics Act (Part I commencing with Section 21001 of Division 9 of the Public Utilities Code).

4. The color, finish and design of any wind energy system shall be non-reflective and as inconspicuous as practical. Guy wire support systems are prohibited.

5. No lights, signs or graphics shall be placed on any wind energy system other than warning lights and signs needed for public safety or otherwise required by law.

6. No wind energy system shall be placed within 1,000 feet of the ultimate right-of-way of a general plan scenic corridor.

7. This paragraph 7 shall become inoperative on July 1, 2005, pursuant to Section 65892.13 of the Government Code, unless a state statute is enacted to delete or extend that date.

a. Wind energy systems in non-urbanized areas.

i. A non-urbanized area, as used in this section, means an area not within a central city or cities and surrounding closely settled territory, as defined by the United States Department of Commerce Bureau of the Census in the Federal Register, Volume 39, Number 85, for Wednesday, May 1, 1974, at pages 15202 and 15203, and as periodically updated.

ii. The wind energy system's turbine must have been approved by the California Energy Commission as qualifying under the Emerging Renewables Fund of the Commission's Renewables Investment Plan or certified by a national program recognized and approved by the Energy Commission.

iii. In nonurbanized areas, wind energy tower heights on lots between one and five acres shall not exceed 65 feet and tower heights shall not exceed 80 feet on lots of more than five acres, provided that the height does not exceed the height recommended by the manufacturer or distributor of the system.

iv. Each wind energy system shall comply with any applicable fire setback requirements pursuant to Section 4290 of the Public Resources Code and no wind energy system shall be placed closer from any property line than the height of the system.

v. Decibel levels for any wind energy system in nonurbanized areas shall not exceed the lesser of 60 decibels or any existing maximum noise level applied pursuant to the general plan for the applicable zoning classification, as measured from the closest neighboring inhabited dwelling, except during short-term events such as utility outages and severe windstorms.

vi. In nonurbanized areas, installation of wind energy systems of not more than 65 feet in height shall be subject to approval of an administrative plot plan and wind energy systems greater than 65 feet in height shall be subject to approval of a conditional use permit. Notice of an application to install a wind energy system shall be provided to property owners within 300 feet of the property on which the system is proposed to be located.

vii. The application for a wind energy system in a nonurbanized area shall include standard drawings and an engineering analysis of the system's tower, showing compliance with the International Building Code or the California Building Standards Code and certification by a professional mechanical, structural, or civil engineer licensed by the state of California. However, a wet stamp shall not be required, provided that the application demonstrates that the system is designed to meet the most stringent wind requirements (Uniform Building Code wind exposure D), the requirements for the worst seismic class (Seismic 4) and the weakest soil class, with a soil strength of not more than 1,000 pounds per square foot, or other relevant conditions normally required by the city.

viii. The application for a wind energy system in a nonurbanized area shall include a line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.

b. Wind Energy Systems in Urbanized Areas.

i. An urbanized area, as used in this section, means a central city or cities and surrounding closely settled territory, as defined by the United States Department of Commerce Bureau of the Census in the Federal Register, Volume 39, Number 85, for Wednesday, May 1, 1974, at pages 15202 and 15203, and as periodically updated.

ii. Wind energy systems in urbanized areas shall only be allowed in industrial zoning classifications and on parcels that are 40,000 square feet in area or larger within the following residential zones: Residential 1, Hillside Residential, Rural Residential.

iii. Each wind energy system shall comply with any applicable fire setback requirements pursuant to Section 4290 of the Public Resources Code and no wind energy system shall be placed closer from any property line than the height of the system.

iv. Unless located on the ridge of a hill, wind energy system towers in urbanized areas shall not exceed 45 feet in height. Towers located on the ridge of a hill shall not exceed 30 feet in height. No tower shall exceed the height recommended by the manufacturer or distributor of the system.

v. Decibel levels for any wind energy system in an urbanized area shall not exceed 60 decibels measured within any neighboring property, except during severe windstorms when the decibel level may exceed 60 decibels.

vi. Installation of a wind energy system in an urbanized area shall be subject to approval of an administrative plot plan. Notice of an application to install a wind energy system shall be provided to property owners within 300 feet of the property on which the system is proposed to be located.

8. This subsection shall only become effective if subsection (C)(7) of this section becomes inoperative pursuant to Section 65892.13 of the Government Code.

a. Wind energy systems shall only be allowed in industrial zoning classifications and on parcels that are 40,000 square feet in area or larger within the following residential zones: Residential 1, Hillside Residential and Rural Residential.

b. Wind energy towers located on the ridge of a hill shall not exceed 30 feet in height. Towers not located on the ridge of a hill shall not exceed 45 feet in height. No tower shall exceed the height recommended by the manufacturer or distributor of the system.

c. Each wind energy system shall comply with any applicable fire setback requirements pursuant to Section 4290 of the Public Resources Code and no wind energy system shall be placed closer from any property line than the height of the system.

d. Decibel levels for any wind energy system shall not exceed 60 decibels measured within any neighboring property, with the exception that the decibel level may exceed 60 decibels during severe windstorms.

e. Installation of a wind energy system shall be subject to approval of an administrative plot plan. Notice of an application to install a wind energy system shall be provided to property owners within 300 feet of the property on which the system is proposed to be located.

(Ord. 604 § 2.13, 2002; Ord. 759 § 5.2, 2007; Ord. 869 § 3.10, 2013)

§ 9.09.205 Model homes.

A. Purpose and Intent. The purpose and intent of this section is to establish standards for the development of model homes in a manner that will be compatible with the general plan and surrounding areas, to include conformance with prevailing building development standards and design guidelines, the use of xeriscape landscaping with a turfless front yard for at least one site, and the use of approved landscape materials.

B. Requirements.

1. The model home complex shall be used only for the sale of homes in the subject tract unless otherwise approved by the community development director.

2. All trap fencing shall be located outside of the public right-of-way.

3. All sales areas within living quarters shall be converted to residential use prior to sale of the model. All sales areas within garage areas shall be converted to garages and provide a minimum two-car garage in each model.

4. A xeriscape-planting concept with a turfless front yard shall be incorporated for at least one of the models and as an option for typical front yards. Information regarding xeriscape-planting concepts shall be made available for prospective homebuyers.

5. For parking lots, walls, screening and other landscape requirements, see applicable sections of this title.

6. Model complex and/or sales trailer/office shall comply with Title 24 requirements and shall include one handicapped accessible bathroom.

7. The parking lot improvements, secondary sidewalks between models, exterior restroom facilities, and trap fencing shall be removed, and rear and side yard cross-fencing shall be installed prior to the last release for occupancy within the tract(s).

(Ord. 643 § 2.4, 2003; Ord. 694 § 1.1, 2005; Ord. 869 § 3.10, 2013)

§ 9.09.206 Monument signage.

A. Purpose and Intent. The purpose of this section is to identify general design criteria to provide guidelines for monument signage for city identification, and create a sense of entry at the city boundaries. The guidelines are intended to provide for diversity in the appearance and character of individual monuments.

B. Requirements.

1. Each monument shall utilize indigenous materials.

2. Each monument shall provide for view sheds.

3. Each shall use specimen trees, lighting, and low planter walls to enhance the required signage.

(Ord. 643 § 2.5, 2003; Ord. 869 § 3.10, 2013)

§ 9.09.207 Indoor malls.

A. Purpose. The purpose and intent of this section is to ensure that indoor malls do not create adverse effects on the public health, safety and welfare.

B. Definitions. For the purposes of this section, the following terms are defined as follows:

1. An indoor mall is a building space (building or structure, or a portion thereof), in which two or more businesses, excluding office and industrial businesses, share a common entrance to the building space. The following shall not be considered to be indoor malls:

a. A building space in which a primary retail sales business, such as a supermarket or department store, occupies a minimum of 90% of the gross floor area of a building space, and shares a common entrance with one or more secondary businesses that take access through the sales floor of the primary business (e.g., not from a hallway or lobby between an exterior entryway and an interior entrance to the primary business);

b. A service-related business, such as a beauty salon or real estate sales business in which independent contractors (e.g., beauticians or sales agents) provide services from individual chair or desk spaces.

2. An indoor mall owner or operator is any person, business or other entity that owns, controls, operates or manages an indoor mall.

3. An indoor mall tenant means any person, business or other entity that offers goods, merchandise or services for sale, exchange, display or barter; and owns, leases, rents or otherwise occupies any space within an indoor mall. An indoor mall tenant includes, but is not limited to, any entity that is required to have a business license under the Moreno Valley Municipal Code.

C. Applicability. Indoor malls, indoor mall owners or operators and indoor mall tenants shall be subject to the provisions of this and other sections of the municipal code, including, but not limited to, Table 9.02.020-1 (Permitted Uses Table) in Section 9.02.020 of this title.

D. Permits and Licenses.

1. No indoor mall, indoor mall owner or operator, or indoor mall tenant shall be allowed to operate without first obtaining all necessary approvals, permits and licenses.

2. Each indoor mall shall be subject to review and approval of a conditional use permit. The indoor mall owner or operator shall be responsible for applying for and obtaining the conditional use permit for the indoor mall. Individual uses within an indoor mall may also require separate conditional use permits in accordance with the municipal code. Each indoor mall owner or operator and, where applicable, each indoor mall tenant, shall be responsible for complying with the terms and conditions of the conditional use permit.

3. Each indoor mall owner or operator and each individual indoor mall tenant, shall obtain and keep current a Moreno Valley business license.

4. Each indoor mall owner or operator, and each individual indoor mall tenant, shall obtain and keep current any and all permits and licenses required by any federal, state, county or local law or regulation.

E. Requirements.

1. Indoor malls shall comply with all applicable codes, including, but not limited to, the California Code of Regulations Title 24 for covered malls.

2. Indoor malls shall comply with the parking requirements in accordance with Chapter 9.11 of this title. The number of required spaces shall be equal to the sum of the parking requirements for each individual use, unless a reduction is granted pursuant to the shared parking provisions of Section 9.11.070 of this title.

3. The conditional use permit for an indoor mall may include, but is not limited to, conditions with respect to design, operation and use, permitted activities, security, lighting, hours of operation and the frequency of inspections.

(Ord. 684 § 2, 2005; Ord. 869 § 3.10, 2013)

§ 9.09.250 Live-work development.

This section provides operational and compatibility standards for the development of live-work units. These standards are in addition to the standards for live-work development provided in Article II, Mixed-Use Overlay Districts, of Chapter 9.07.

A. Allowed Uses.

1. The nonresidential component of a live-work unit shall only be a nonresidential use allowed within a mixed-use overlay district, except that certain uses are determined to be not appropriate within a residential environment and are therefore prohibited as provided in subsection B of this section.

2. The residential component of a live-work unit shall only be a residential use allowed within a mixed-use overlay district.

B. Prohibited Uses. A live-work unit shall not be used for any of the following activities or similar activities as determined by the community development director:

1. Adult-oriented businesses;

2. Animal care or boarding;

3. Classroom instruction (e.g., art/music lessons, tutoring, and similar uses) involving five or more students at any one time;

4. Commercial food preparation activities;

5. Industrial uses;

6. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.;

7. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use;

8. Medical and dental offices, clinics, and laboratories (not including chiropractors or counselors/psychotherapists);

9. Activities or uses that are not compatible with residential activities or that would clearly conflict with other livework activities or the character of the surrounding neighborhood as determined by the community development director; and

10. Activities or uses that would adversely affect the health or safety of live-work unit residents, because of dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or that would be hazardous because of materials, processes, products, or wastes.

C. Site Planning and Design Standards.

1. Each live-work unit fronting a public right-of-way shall have a pedestrian-oriented frontage that allows views into the interior of the nonresidential areas of the unit.

2. Each live-work unit shall have a clearly identified, separate access from other live-work units within the structure or development. Access to individual units shall be from common access areas, parking lots, or walkways. Access to each unit shall be clearly identified to provide for emergency services.

3. The living space within the live-work unit shall be contiguous with the working space, with direct access between the two areas.

D. Operational Standards.

1. No portion of a live-work unit shall be separately sold or rented.

2. The owner or developer of a structure containing live-work units shall provide written notice to all occupants, tenants, and users that the surrounding area may be subject to higher impacts associated with nonresidential uses (e.g., noise) than exist in more predominantly residential areas. Performance standards for live-work units shall be those applicable to nonresidential uses allowed in the zoning district in which the live-work units are located.

3. All activities related to the "work" component of a live-work unit shall be conducted within a completely enclosed building.

4. Up to two additional persons who do not reside in the live-work unit may work in the unit.

5. Client and customer visits to live-work units are allowed.

6. Parking for each live-work unit shall be provided in compliance with Chapter 9.11 (Parking, Pedestrian, and Loading Requirements).

7. A live-work unit shall not be converted to either entirely residential use or entirely nonresidential use.

8. A live-work use may display a window or building-mounted sign up to a maximum of five percent of the building frontage area used for commercial purposes. Signs shall not be illuminated, including neon signs.

(Ord. 864 § 3.3, 2013; Ord. 981 § 3, 2021)

§ 9.09.260 Mixed-use development.

This section provides operational and compatibility standards for mixed-use development. These standards are in addition to the standards provided in Article I, Mixed Use Districts/Corridors and Article II, Mixed-Use Overlay Districts, of Chapter 9.07.

A. Operational Standards.

1. Hours of Operation. Outdoor nonresidential uses in mixed-use projects shall be prohibited from operating between the hours of ten p.m. and seven a.m. These hours may be modified through approval of a conditional use permit in compliance with Section 9.02.060 (Conditional use permits).

2. Joint Tenants and Owners Association.

a. A joint tenants and owners association shall be formed to ensure the well-being of each tenant and owner in a mixed-use project.

b. The association bylaws, including voting rights, shall be subject to review by the city attorney and approval by the director. The association's bylaws shall include the following:

i. Assignment of parking spaces per each use.

ii. Identification of maintenance responsibilities for landscaping, parking facilities, and recycling and refuse storage facilities.

iii. Noise notification procedures.

iv. Relationship between uses regarding association representation.

v. Voting procedures.

vi. Procedures for solving problems that may arise between the different types of uses or residents.

3. Loading and Unloading Activities. Where applicable, the covenants, conditions, and restrictions of a mixed-use project shall indicate the times when the loading and unloading of goods may occur on the street, provided that in no event shall loading or unloading take place after ten p.m. or before seven a.m. on any day of the week.

4. Noise Notification.

a. Residents, whether owners or tenants, of a mixed-use development project shall be notified in writing before taking up residence that they will be living in an urban type of environment and that the noise levels may be higher than a typical residential area.

b. The covenants, conditions, and restrictions of a mixed-use project shall require that the residents acknowledge their receipt of the written noise notification. Their signatures shall confirm receipt and understanding of this information.

B. Fences and Walls. In addition to the regulations in Section 9.08.070 (Fences and walls), fences and walls shall be subject to the following regulations:

1. Separation Wall Required. A masonry separation wall shall be constructed on all property lines adjacent to any single-family residential district. Pedestrian access points are encouraged and may be allowed subject to approval of the community development director. The separation wall shall be six feet in height, as measured from the highest elevation of land contiguous to the wall, except in a required front setback area and in a required exterior side setback area for a corner, reverse corner or key lot, where the wall shall be limited to 36 inches in height.

2. Other Fences and Walls. Fences and walls are allowed in any yard area subject to the following height regulations:

a. Front Yard Area. In the front yard area, the height shall be limited to 36 inches.

b. Street Side Yard. In street side yard areas, the height shall be limited to 36 inches.

c. All Other Areas. In all other areas, the height shall be limited to six feet, as measured from the side of the fence or wall with the highest grade.

3. Location. All perimeter fences and walls shall be constructed on the property line unless a different location is permitted by the community development director. No parallel wall or fence shall be constructed less than five feet from an existing wall or fence, unless approved by the community development director.

4. Materials.

a. Chain link fencing shall not be erected between a primary or accessory structure and a public or private street, except that chain link fencing may be used for security purposes for public utility structures and for temporary fencing needs (construction sites, special events, vacant lots, etc.).

b. Barbed wire and concertina wire are prohibited, except at public utility structures.

C. Landscaping. Landscaping shall comply with Chapter 9.17 (Landscape and Water-Efficiency Requirements).

D. Screening and Buffering Standards. Mechanical and air-conditioning equipment shall be screened and buffered in compliance with Section 9.10.130 (Mechanical and electrical equipment).

E. Signs. Signs shall comply with Chapter 9.12 (Sign Regulations). In addition, in a mixed-use overlay district where both residential and nonresidential uses are allowed, the signage rights and responsibilities applicable to a particular use shall be determined as follows: residential uses shall be treated as if they were located in the residential area where that type of use would be allowed as a matter of right, and nonresidential uses shall be treated as if they were located in a district where that particular use would be allowed, either as a matter of right or subject to a discretionary process.

F. Trash and Recycling Enclosures.

1. Recycling and refuse storage facilities shall be located as far away as possible from residential units and shall be completely screened from view from adjacent residential portions of the project or another adjacent residential uses in compliance with Section 9.08.150 (Screening requirements).

2. The location and design of recycling and refuse storage facilities shall mitigate nuisances from odors when residential uses might be impacted.

3. The location and design of recycling and refuse storage facilities shall be integrated into and be compatible with the architectural design and details of the overall project.

G. Sound Mitigation. Residential dwelling units shall be designed to be sound attenuated against present and future project noise. New projects or new nonresidential uses in existing projects shall provide an acoustical analysis report, by an acoustical engineer, describing the acoustical design features of the structure required to satisfy the exterior and interior noise standards.

H. Design Criteria.

1. A mixed-use development project shall be designed and constructed to:

a. Be pedestrian in its focus by:

i. Providing direct pedestrian linkages to adjacent public sidewalks;

ii. Creating enhanced pedestrian connections throughout the project between residential and nonresidential uses and parking areas;

iii. Providing enhanced pedestrian amenities throughout the project, including seating, pedestrian area lighting, special paving, public art, water features, common open space, directories, and similar items to create a pleasant pedestrian experience;

iv. Incorporating architectural design elements and materials that relate to a pedestrian scale.

b. Locate uses in proximity to one another without large intervening parking lots so that it is convenient for people to walk between the various uses and park their vehicles only once.

c. Create a pedestrian scale and character of development along the street by providing significant wall articulation and varying roof heights, incorporating pedestrian scale elements (e.g., doors, windows, lighting, landscaping), and locating storefronts and common open space areas (e.g., plaza, courtyard, outdoor dining) near the public sidewalk to contribute to an active street environment.

d. Provide a transition to adjacent residential uses in compliance with the standards provided in Table 9.07.095-10 (Mixed-Use Overlay District Development Standards).

2. Consistent Use of Architectural Details and Materials. Architectural style and use of quality materials shall be compatible and consistent throughout an entire mixed-use project. However, differences in architectural details and materials may occur to differentiate between the residential and nonresidential portions of the project. The overall project design and site layout shall be one that promotes a strong pedestrian environment and active street frontage. This can be accomplished by incorporating features into the project as outlined in subsection (H)(3) of this section.

3. Features.

a. Street Level Features. Variations in the front building plane shall be incorporated through the use of varying building setbacks, variations in wall planes, and the inclusion of pedestrian amenities (e.g., plaza, courtyard, outdoor dining, landscaping). Long expanses of blank walls shall be prohibited.

b. Pedestrian-Oriented Features. At least 75% of the building frontage facing a public street, primary pedestrian way, or parking lot shall be devoted to pedestrian-oriented features (e.g., storefronts, pedestrian entrances to nonresidential uses, transparent display windows, landscaping).

c. Upper Level Features. Upper floor balconies, bays, and windows shall be provided whenever opportunities exist for these types of features.

d. Entrances. When nonresidential and residential uses are located in a vertical mixed use structure, separate pedestrian entrances shall be provided for each use. The entrances for nonresidential uses shall be designed to be visually distinct from the entrances for residential uses. Entrances to individual residential units in a vertical mixed use project shall not be allowed along a street frontage. Instead shared entrances to residential units located above the ground floor shall be from lobbies that serve multiple units.

e. Neighborhood Interface. The design of new infill development shall be sensitive to the scale and design characteristics of established structures in abutting residential neighborhoods, with the objective of achieving a harmonious transition between the new development and existing neighborhood. Consideration shall be given to factors including, but not limited to, orientation of architectural features, building articulation, and exterior building treatments.

f. Lighting. Lighting shall be incorporated along sidewalks or other pedestrian walkways, plazas, paseos, courtyards, and other common open areas to enhance the pedestrian environment and increase public safety. Lighting for nonresidential uses shall be designed, located, and shielded to ensure that they do not adversely impact the residential uses, but shall provide sufficient illumination for access and security purposes consistent with the provisions of Section 9.08.100 (Lighting).

g. Security. Projects shall be designed to minimize security risks to residents and to minimize the opportunities for vandalism and theft. This may be accomplished by:

i. Maximizing visibility to common open space areas, internal walkways, and public sidewalks. Use opportunities for natural surveillance to increase visibility;

ii. Using walkways, low fences, lighting, signage, and landscaping to clearly guide people and vehicles to and from the proper entrances;

iii. Eliminating areas of concealment, hiding places, and dead spaces;

iv. Using lighting to improve the visibility of common areas while enhancing the pedestrian environment. Lighting should not be overly bright and should provide a uniform level of light over the subject area to eliminate dark spaces.

(Ord. 864 § 3.3, 2013; Ord. 981 § 3, 2021)

§ 9.09.270 Outdoor dining.

This section provides standards for outdoor dining areas.

A. Public Property. Outdoor dining on public property shall require approval of an encroachment permit by the public works director and compliance with the standards of the public works department.

B. Private Property. Outdoor dining on private property shall comply with the following standards:

1. Coordinated Design Scheme. The design and appearance of proposed improvements or furniture (e.g., tables, chairs, benches, umbrellas, planters, menu boards, etc.) to be placed in an outdoor dining area shall present a coordinated theme and shall be compatible with the appearance and design of the primary structure, as determined by the director.

2. Hours of Operation. Hours of operation for outdoor dining areas shall coincide with those of the associated indoor restaurant.

3. Property Maintenance. The operator shall maintain the outdoor dining area(s) in a neat, clean, and orderly condition at all times. This shall include all tables, benches, chairs, displays, or other related furniture. An adequate number of trash receptacles shall be provided to serve the outdoor dining area.

4. Outdoor Bar Prohibited. A bar designed and/or operated to sell or dispense any alcoholic beverages shall not be allowed in the outside dining area.

5. Location. Outdoor dining areas may be allowed to locate in required setback areas but shall not encroach into required parking areas. They may be allowed to encroach into a public right-of-way with an approved encroachment permit issued by the city engineer.

6. Noise. Amplified sound (e.g., music, television, etc.) shall not be audible beyond the lot line.

C. Review Criteria. When reviewing an application to allow outdoor dining, the review authority shall consider the relation of outdoor dining areas to sensitive noise receptors (e.g., hospitals, schools, and residential uses). Mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering, and noise.

(Ord. 864 § 3.3, 2013)

§ 9.09.280 Smoke shops.

A. Purpose and Intent. This section is intended to protect the public health, safety and welfare by ensuring that smoke shops, as defined in Section 9.15.030 of Chapter 9.15 of this code, do not create an adverse impact on adjacent properties or surrounding neighborhoods by reason of potential for incompatible secondary effects, insufficient on-site customer and employee parking, traffic generation, visual blight, bright lights, noise, or fumes. The following special standards shall apply to smoke shops.

B. Permitted Use. Except as provided in subsection C of this section, smoke shops are permitted in the: (1) community commercial district; (2) neighborhood commercial district; (3) village commercial district; and (4) office commercial district, subject to the following location and distance requirements:

1. No smoke shop shall be located within 600 feet of any other smoke shop.

2. No smoke shop shall be located within 200 feet of any parcel of land that contains one or more of the following specific land uses:

a. Churches with no day care component;

b. Arcades, bowling alleys, skating rinks, amusement parks, race tracks, or fair grounds.

3. No smoke shop shall be located within 400 feet of any parcel of land that contains one or more of the following specific land uses:

a. Institutions of higher education, including community or junior colleges, colleges, and universities;

b. Vocational training facilities.

4. No smoke shop shall be located within 600 feet of any parcel of land that contains one or more of the following specific land uses:

a. Adult businesses;

b. Emergency shelters;

c. Rehabilitation centers;

d. Civic centers/public government facilities, including libraries, recreation centers, senior centers, employment resource centers, youth resource centers;

e. Residential care facilities operating as sober living facilities.

5. Distance, without regard to intervening structures, shall be:

a. A straight line measured from the closest exterior structural wall of any two smoke shops; and

b. A straight line measured from the closest exterior structural wall of a smoke shop to the closest property line of any of the specific land uses listed above.

C. Conditional Use Permit Required.

1. Smoke shops that are located within 600 feet of any of the following uses shall require approval of a conditional use permit pursuant to Title 9, Chapter 9.02, Section 9.02.020 of this code:

a. Public or private schools (K-12);

b. Churches with a day care component;

c. Childcare/daycare facilities, including large family day care facilities;

d. Public parks;

e. Nonprofit youth facilities (i.e., the Boys and Girls Club).

2. Smoke shops that are located within 300 feet of any of the following uses shall require approval of a conditional use permit pursuant to Title 9, Chapter 9.02, Section 9.02.020 of this code:

a. Residential zones or uses, including, but not limited to, mobile home parks, single-room occupancy facilities (SROs), and orphanages.

D. Parking. Parking for smoke shops shall be the same as the parking requirements and restrictions for off-street parking that pertains to eating and drinking establishments as described in Table 9.11.040B-12 of this code.

E. Lighting. All lighting shall comply with the provisions of Section 9.08.100 of this title.

F. Waste and Storage and Disposal. Waste, storage, and disposal of all tobacco products shall meet all applicable state and local health regulations.

G. Air Quality.

1. All ventilating equipment shall be directed to top story exhaust vents which face away from adjacent properties.

2. Required exhaust systems shall be equipped with appropriate and reasonably available control technology to minimize or eliminate noxious smoke or pollutants which would otherwise be emitted.

H. First in Time. Should a land use mentioned in subsection B hereinabove be appropriately approved through established city regulations and locate within the distance requirement of a lawfully operating smoke shop, such subsequently located land use will not make the existing smoke shop legal nonconforming. Instead, the lawfully operating smoke shop will be considered a legal use not subject to Section 9.02.180 of the Moreno Valley Municipal Code.

(Ord. 917 § 7, 2016)

§ 9.09.290 Commercial cannabis activities.

A. Purpose and Intent.

1. Purpose. This section is intended to protect the public health, safety and welfare by ensuring that cannabis establishments, as defined in this section and in Title 5, Chapter 5.05 of this code, do not create an adverse impact on adjacent properties or surrounding neighborhoods by imposing sensible land use regulations in accordance with state law to protect the city's residents, neighborhoods, and businesses from direct negative impacts and/or secondary effects, including, but not limited to, proximity to sensitive receptors or uses, visibility, insufficient on-site customer and employee parking, lighting, signage and graphics, site security, waste/storage disposal and public nuisances such as excessive noise and/or odor.

2. Intent. The intent of this section is to regulate and provide for the conditional use permitting of the following commercial cannabis business land uses:

a. Cannabis dispensaries;

b. Cannabis testing;

c. Cannabis cultivation;

d. Cannabis manufacturing;

e. Cannabis distribution centers;

f. Cannabis microbusinesses.

B. Applicability. This section sets forth land use development standards for cannabis dispensaries, testing laboratories/facilities, cultivation, manufacturing and related cannabis activities including the allowed location by zoning districts, placement of facilities including buffers, and maximum number of land use permits for cannabis businesses by type.

C. Cannabis Business Locations and Use

1. Locations of Permits by Land Use Type Allowed. The maximum number of conditional use permits for commercial cannabis activity to be allowed to operate in the city at any one time shall be set by City Council Resolution. Commercial cannabis land use activities may be allowed to establish in the city within the business park (BP), business park-mixed use (BPX), light industrial (LI), community commercial (CC), and neighborhood commercial (NC) zoning districts, with limitations, as follows.

a. Dispensaries. Commercial cannabis dispensaries may be allowed to establish within the community commercial (CC), neighborhood commercial (NC) and business park-mixed use (BPX) zoning districts, with a properly secured conditional use permit approved through the planning commission.

b. Testing. Commercial cannabis testing facilities may be allowed to establish within business park (BP), business park-mixed use (BPX), and light industrial (LI) zoning districts, with a properly secured conditional use permit approved through the planning commission.

c. Cultivation. Commercial cannabis cultivation facilities may be allowed to establish within the business park (BP), business park-mixed use (BPX), and light industrial (LI) zoning districts, with a properly secured conditional use permit approved through the planning commission.

d. Manufacturing. Commercial cannabis manufacturing facilities may be allowed to establish within the business park (BP), business park-mixed use (BPX), and light industrial (LI) zoning districts, with a properly secured conditional use permit approved through the planning commission.

e. Microbusiness. Cannabis microbusiness facilities may be allowed to establish in the city, within the business park-mixed use (BPX) and community commercial (CC) zoning districts, with a properly secured conditional use permit approved through the planning commission.

f. Distribution Center. Cannabis distribution centers may be allowed to establish in the city, within the community commercial (CC), neighborhood commercial (NC), business park (BP), business park-mixed use (BPX), and light industrial (LI) zoning districts, with a properly secured conditional use permit approved through the planning commission. 2. Conditional Use Permit Required. In order to lawfully operate, all commercial cannabis activities including dispensaries, testing laboratories, cultivation, microbusiness, distribution, and manufacturing facilities shall require an approved conditional use permit as provided under Chapter 9.02, Section 9.02.060 of this code, along with a valid commercial cannabis business permit and a valid state license.

D. General Development Standards.

1. Placement and Buffer of Cannabis Businesses.

a. No licensee under this division shall be located within a 600 foot radius of a public or private school providing instruction in kindergarten or grades 1 through 12, a day care center, a youth center or arcades that are in existence at the time the license is issued.

b. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the school, day care center, youth center or arcade to the closest property line of the lot on which the dispensary, operator, establishment, or provider is to be located without regard to intervening structures.

2. General Business Requirements.

a. No cannabis product shall be smoked, eaten, or otherwise consumed or ingested outside of or within the business.

b. No person shall cause or permit the sale, dispensing or consumption of alcoholic beverages or the sale of tobacco products on or within 50 feet of the premises of a cannabis business.

c. The cannabis licensee shall display its current valid commercial cannabis business permit under Chapter 5.05 of this code and a CUP issued in accordance with this chapter inside the lobby or waiting area of the main entrance to the site. The permits shall be displayed at all times in a conspicuous place so that it may be readily seen by all persons entering the site.

d. It is unlawful to operate commercial cannabis activities in a building which contains a residence, or within a residential dwelling unit.

e. It is unlawful for any person to permit commercial cannabis cultivation, manufacturing, testing, distribution or sales at, on or within any real property that does not have a valid CUP approved for such use.

f. Any transfer of product or currency shall be identified in an individual security plan which is approved by the city.

g. All city fire, police and code personnel shall have unlimited and unrestricted property access for inspections of commercial cannabis businesses and facilities during business hours.

E. Specific Use Requirements.

1. Commercial Cannabis Cultivation.

a. Commercial cannabis cultivation facilities shall require a properly secured conditional use permit approved by the planning commission and will only be allowed in the business park (BP), business park-mixed use (BPX), and light industrial (LI) zoning districts.

b. The total area of the premises designated/used for the cultivation canopy shall not be more than 22,000 square feet for every conditional use permit application approved.

c. Cannabis cultivation including all cannabis or marijuana plants at any stage of growth shall not be visible from the exterior of any structure, facility, or building containing cannabis cultivation. All cannabis cultivation must take place within a fully enclosed, secured and permanent structure (with accommodations in place at all times to allow for and facilitate unlimited/unrestricted access throughout the premises by emergency service personnel).

d. Outdoor cannabis cultivation is prohibited in the city.

e. Only owners, agents, applicants, managers, employees, and volunteers of the cannabis cultivation licensee and agents or employees of the city are permitted to be onsite of any cultivation facility.

f. All cultivation areas in the building shall be separated from the main entrance and lobby, and shall be secured by a lock accessible only to managers and staff of the cannabis cultivation licensee (with accommodations in place at all times to allow for and facilitate unlimited/unrestricted access throughout the premises by emergency service personnel).

g. No cannabis cultivation licensee shall allow public access to the facility.

h. Each building with a cultivation area shall have an area designed for the secure transfer of cannabis from the cultivation area to a vehicle for transportation.

i. Each building containing cultivation shall have designated storage space for cannabis that has completed the cultivation process or is otherwise not being cultivated. Storage size will be determined on a case-by-case basis dependent on the submitted site plan and building canopy size in accordance with the city's building and conditional use permit regulations. The storage areas shall be separated from the main entrance and lobby and shall be secured by a lock accessible only to managers and staff of the cannabis cultivation licensee (with accommodations in place at all times to allow for and facilitate unlimited/unrestricted access throughout the premises by emergency service personnel).

j. Any person(s) cultivating cannabis with the use of grow lights, fans, ventilation devices or any other electrical or mechanical equipment shall comply with all applicable building and fire code requirements adopted by the city of Moreno Valley, and shall obtain all necessary permits and prerequisite inspections required for such installation prior to commercial use of the equipment and/or facility.

k. No person shall conduct any retail sales of any materials, goods or services produced at, used to produce, or otherwise available at the cannabis cultivation site.

l. All cultivation facilities shall be organized in orderly rows with aisles at least three feet wide, and no more than eight feet between an aisle and the next aisle or the aisle and the wall, and clear access shall be maintained to all exits unless the planning official, building official and fire marshal collectively determine that the business has provided an alternative, properly dimensioned floor plan that confirms equivalent access and clearance/separation between plants and the facility exits.

m. Cultivation operations shall be consistent with all other applicable federal, state and local requirements, including all applicable provisions of Moreno Valley Municipal Code Title 5.

2. Commercial Cannabis Manufacturing.

a. Commercial cannabis manufacturing facilities shall require a properly secured conditional use permit and will only be allowed in the business park (BP), business park-mixed use (BPX), and light industrial (LI) zoning districts.

b. Only manufacturing facilities with a Type-6 state license (non-volatile) may be allowed to operate in the city.

c. Cannabis manufacturing, including all cannabis or marijuana raw materials and products shall not be visible from the exterior of any structure, facility, or building containing cannabis manufacturing. All cannabis manufacturing activities must take place within a fully enclosed, secured and permanent structure (with accommodations in place at all times to allow for and facilitate unlimited/unrestricted access throughout the premises by emergency service personnel).

d. Only owners, agents, applicants, managers, employees, and volunteers of the cannabis cultivation licensee and agents or employees of the city are permitted to be onsite of any cultivation facility.

e. All equipment, systems and manufacturing processes must meet or exceed all applicable local, county, state and federal requirements and regulations regarding air, water, health and safety, and handling, processing and storage of hazardous materials, solvents, gases and waste. No manufacturing facility shall commence operations or be issued any form of certificate of occupancy without first obtaining all required fire, environmental, health and safety, planning, and building certificates, permits, inspections and other approvals required under the city's municipal code and all other applicable local, county, state and federal regulations.

f. A commercial cannabis manufacturing licensee shall: (i) employ full time quality control personnel; and (ii) establish standard operating procedures and batch records that comply with current good manufacturing practices, as outlined by the State Department of Public Health and the U.S. Food and Drug Administration.

g. Commercial cannabis manufacturing licensee shall comply with sanitation standards equivalent to the California Retail Food Code (Part 7, commencing with Section 113700 of Division 104 of the Health and Safety Code) for food preparation, storage, handling and sale of edible cannabis or marijuana products. Edible cannabis or marijuana products are deemed to be unadulterated food products.

h. No person shall conduct any retail sales of any goods or services from a commercial cannabis manufacturing site.

i. Manufacturing operations shall be consistent with all other applicable federal, state and local requirements, including Moreno Valley Municipal Code Title 5.

3. Commercial Cannabis Testing.

a. Commercial cannabis testing facilities shall require a properly secured conditional use permit approved by the planning commission and will only be allowed in the business park (BP), business park-mixed use (BPX), and light industrial (LI) zoning districts.

b. No cannabis or marijuana raw materials, products, items being tested, or waste products from testing activities shall be visible from the exterior of any structure, facility, or building in which commercial cannabis testing is being conducted. All commercial cannabis testing must take place within a fully enclosed, secured and permanent structure (with accommodations in place at all times to allow for and facilitate unlimited/unrestricted access throughout the premises by emergency service personnel).

c. All entrances into the buildings on the laboratory site shall be locked at all times with entry controlled by the cannabis testing laboratory licensee's managers and staff (with accommodations in place at all times to allow for and facilitate unlimited/unrestricted access throughout the premises by emergency service personnel).

d. The laboratory site shall have a building with a main entrance that is clearly visible from the public street or sidewalk. The main entrance shall be maintained clear of barriers and other obstructions. Inside of the main entrance, there shall be a lobby which will be an area securely separated from the testing facilities.

e. All testing areas in any building on the laboratory site shall be separated from the main entrance and lobby, and shall be secured by a lock accessible only to managers and staff of the cannabis testing laboratory licensee (with accommodations in place at all times to allow for and facilitate unlimited/unrestricted access throughout the premises by emergency service personnel).

f. Each building with a testing area shall have an area designed for the secure transfer of cannabis raw materials and products from a transfer vehicle to and from the testing area.

g. Each building with a testing area shall have designated storage space for cannabis raw materials and products that have been tested or are waiting to be tested. Storage size will be determined on a case-by-case basis dependent on the submitted site plan and building canopy size in accordance with the city's building and conditional use permit regulations. The storage areas shall be separated from the main entrance and lobby, and shall be secured by a lock accessible only to managers and staff of the commercial cannabis testing laboratory licensee (with accommodations in place at all times to allow for and facilitate unlimited/unrestricted access throughout the premises by emergency service personnel).

h. No person shall conduct any retail sales of any cannabis goods or services on or from a permitted and licensed commercial cannabis testing laboratory site.

i. No plants shall be located in a commercial cannabis/marijuana testing facility.

j. No testing facility shall have more than 100 pounds of raw marijuana and 100 pounds of marijuana-infused products at any one time.

k. Testing operations shall be consistent with all other applicable federal, state and local requirements, including Moreno Valley Municipal Code Title 5.

4. Commercial Cannabis Dispensaries.

a. Commercial cannabis dispensary facilities shall require a properly secured conditional use permit approved by the planning commission and will only be allowed in the community commercial (CC), neighborhood commercial (NC) and business park-mixed use (BPX) zoning districts.

b. No cannabis or marijuana raw materials or products shall be visible from the exterior of any structure, facility, or building in which commercial cannabis dispensaries are being conducted. All commercial cannabis dispensaries must take place within a fully enclosed, secured and permanent structure (with accommodations in place at all times to allow for and facilitate unlimited/unrestricted access throughout the premises by emergency service personnel).

c. A commercial cannabis dispensary shall have designated locked storage on the dispensary property, identified and approved as a part of the security plan, for after-hours storage of medicinal and adult use recreational cannabis and cannabis infused products. All cannabis and cannabis infused products shall be stored at the dispensary property in secured rooms that are completely enclosed or in a safe that is bolted to the floor (with accommodations in place at all times to allow for and facilitate unlimited/unrestricted access throughout the premises by emergency service personnel).

d. All entrances into a commercial cannabis dispensary's building shall include high visibility from the main front door exterior at all times with entry controlled by dispensary personnel.

e. No person shall smoke, ingest, or otherwise consume cannabis in any form on, or within 20 feet of, the dispensary site.

f. No commercial cannabis dispensary owner or employee shall: (i) cause or permit the sale, distribution, or consumption of alcoholic beverages on the dispensary property; (ii) hold or maintain a license from the State Division of Alcoholic Beverage Control for the sale of alcoholic beverages; or (iii) operate a business on or adjacent to the dispensary property that sells alcoholic beverages. No alcoholic beverages shall be allowed or stored on the dispensary property.

g. Hours of operation for a cannabis dispensary shall be established on a case-by-case basis as conditioned under the conditional use permit (CUP).

h. Commercial cannabis dispensary or distribution operations shall be consistent with all other applicable federal, state and local requirements, including Moreno Valley Municipal Code Title 5.

5. Commercial Cannabis Distribution Centers.

a. Cannabis distribution shall require a properly secured conditional use permit approved by the planning commission within established zoning areas in the city that allow for cannabis uses, limited only to the community commercial (CC), neighborhood commercial (NC), business park-mixed use (BPX), business park (BP) and light industrial (LI) zoning use districts.

b. No cannabis or marijuana raw materials or products shall be visible from the exterior of any structure, facility, or building in which commercial cannabis operations are being conducted. All commercial cannabis uses and operations must take place within a fully enclosed, secured and permanent structure (with accommodations in place at all times to allow for and facilitate unlimited/unrestricted access throughout the premises by emergency service personnel).

c. Distribution of cannabis products shall only be conducted with a valid permit and according to activity permitted by state law.

d. There shall be no deliveries from the premises of cannabis or cannabis containing products except to another state or local licensed or permitted cannabis business.

e. A cannabis distribution licensee shall maintain a database and provide a list of the individuals and vehicles authorized to conduct transportation on behalf of the cannabis distribution licensee to the city.

f. Distribution operations shall be consistent with all other applicable federal, state and local requirements, including Moreno Valley Municipal Code Title 5.

6. Commercial Cannabis Microbusinesses.

a. Commercial cannabis microbusiness facilities shall require a properly secured conditional use permit approved by the planning commission and will be allowed in the business park-mixed use (BPX) and community commercial (CC) zoning districts.

b. A commercial cannabis microbusiness facility shall include a combination of at least three of the following four activities: manufacturing, cultivation (limited to 10,000 square feet), distribution and dispensary. Testing is not allowed.

c. No cannabis or marijuana raw materials or products shall be visible from the exterior of any structure, facility, or building in which allowable commercial cannabis uses are being conducted. All allowable commercial cannabis uses must take place within a fully enclosed, secured and permanent structure (with accommodations in place at all times to allow for and facilitate unlimited/unrestricted access throughout the premises by emergency service personnel).

d. A licensee conducting a commercial cannabis microbusiness shall meet all applicable operational requirements for retail/commercial cannabis dispensaries, commercial cannabis cultivation, commercial cannabis distribution and commercial cannabis manufacturing activities.

e. The operator must hold a microbusiness (Type 12) license issued by the State Bureau of Cannabis Control.

f. A microbusiness operation shall be consistent with all other applicable federal, state and local requirements, including Moreno Valley Municipal Code Title 5.

7. Building Size and Operation.

a. The size and height of a building used for a commercial cannabis activity shall be governed by the permitted development standards of the underlying zoning district, and for commercial cannabis cultivation uses the interior space used for growing marijuana plants shall not exceed canopy size regulations set forth in state law, Chapter 6, Section 26061. In no case shall the size of the commercial cannabis canopy within any single facility exceed 22,000 square feet.

b. All operations conducted and equipment used must be in compliance with all applicable state and local regulations, including all building, electrical and fire codes.

c. Different types of commercial cannabis activities may not be located within the same building or structure without appropriate demising walls approved through the community development department, building division and fire department, and each separate commercial cannabis activity must have distinct separate operating permits issued by the city and state, and CUP issued by the city.

8. Visibility.

a. All commercial cannabis activities shall take place within an enclosed structure.

b. From a public right-of-way, there should be no exterior evidence of commercial cannabis dispensing, cultivation, manufacturing or testing activities, except for any signage authorized as part of the CUP approval and separately issued signage permits. No raw materials, cannabis or cannabis-infused products or marijuana plants shall be visible from the exterior of the building.

c. Exterior landscaping within 10 feet of a licensed premises shall be designed, installed and maintained free of locations which could reasonably be used by persons to conceal themselves and/or to enable undesirable activity. The design, and maintenance practices shall give appropriate consideration to both natural and artificial illumination.

9. Parking.

a. Parking requirements for commercial cannabis dispensary businesses shall be the same as parking requirements and restrictions for off-street parking that pertains to general retail establishments as described in Title 9, Table 9.11.040B-12 of the Moreno Valley Municipal Code.

b. Parking requirements for commercial cannabis cultivation businesses shall be the same as parking requirements and restrictions for off-street parking that pertains to general manufacturing establishments as described in Title 9, Table 9.11.040B-12 of the Moreno Valley Municipal Code.

c. Parking requirements for commercial cannabis testing labs shall be the same as parking requirements and restrictions for off-street parking that pertains to research and development establishments as described in Title 9, Table 9.11.040B-12 of the Moreno Valley Municipal Code.

d. Parking requirements for commercial cannabis manufacturing businesses shall be the same as parking requirements and restrictions for off-street parking that pertains to general manufacturing establishments as described in Title 9, Table 9.11.040B-12 of the Moreno Valley Municipal Code.

e. Parking for commercial cannabis distribution businesses shall be the same as parking requirements and restrictions for off-street parking that pertains to general manufacturing establishments as described in Title 9, Table 9.11.040B-12 of the Moreno Valley Municipal Code.

f. An additional two secured parking spaces, identified on a plot plan and individual security plan approved by the city, shall be located convenient to the required secured area of each facility and be used by secured transfer vehicles involved in the couriering or dispensing of cannabis materials products to and from the facility and for use by any secured vehicle commissioned for the transfer of currency to and from the facility.

10. Lighting. All lighting shall comply with the provisions of Section 9.08.100 of this title, and determined in a security plan approved by the city, including fixture type, wattage illumination levels and shielding. This requirement does not address any potential lighting required under the individual security plans for the facility.

11. Signs and Graphics.

a. Any commercial cannabis business shall be limited to one wall-mounted business identification sign per licensed premises and be in compliance with all other aspects of the city's sign regulations included in Chapter 9.12 of this code.

b. Signage shall be limited to the identification of the licensee's business name and shall contain no advertising of symbols, language, music, gestures, cartoon characters or other content elements known to appeal primarily to persons below the legal consumption age. The provisions of this section shall not apply to the placement of advertising signs inside a licensed premises and which are not visible by normal unaided vision from a public place, provided that such advertising signs do not advertise marijuana or marijuana products in a manner intended to encourage persons under the age of 21 years to consume marijuana or marijuana products.

c. Signage shall not extend above the highest point of a parapet wall or the lowest point of a sloping roof. In instances where both criteria are present, the regulation resulting in the lowest reasonable height shall govern.

d. A licensee shall post a sign, not less than 12 inches wide and 12 inches long, in a conspicuous place near each monitored building access location on the licensed premises, which sign shall be easily visible to all customers and employees and composed of letters not less than one inch in height, stating "All Activities Monitored and Recorded by Video Camera" or "These Premises are Being Digitally Recorded," or otherwise advising all persons entering the licensed premises that a video surveillance and camera recording system is in operation at the facility and recording all activity.

e. A licensee shall post a sign in a conspicuous place on the outside of the building, near the entry to the premises clearly and legibly posted indicating that smoking, ingesting, or consuming cannabis, marijuana, or alcohol on the licensed premises is prohibited.

12. Site Security.

a. Security surveillance cameras and a video recording system must be installed to monitor all doors into and out of the buildings on the site, the parking lot, loading areas, and all exterior sides of the property adjacent to the public rights-of-way. The cameras and recording system must be of adequate quality, color rendition, and resolution to allow the identification of any individual present on the site. The recording system must be capable of exporting the recorded video in standard MPEG formats to another common medium, such as a DVD or USB drive.

b. Professionally and centrally monitored fire, sprinkler, robbery, and burglar alarm systems must be installed as required and maintained in good working condition. The alarm system must include a private security company that is required to respond to every alarm.

13. Waste and Storage and Disposal. Waste, storage, and disposal of all marijuana and cannabis products shall meet all applicable state and local health regulations.

14. Public Nuisance Standards.

a. Odor control devices and techniques shall be incorporated in all licensed premises to ensure that odors from cannabis or marijuana are not detectable offsite. Licensees shall provide a sufficient odor absorbing ventilation, exhaust or air filtration system so that odor generated inside the licensed premises that is distinctive to its operation is not detected outside of the premises, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building or other separate buildings on the licensed premises.

b. All ventilating equipment shall be directed to top story exhaust vents which face away from adjacent properties.

c. A licensee shall prohibit loitering by individuals outside the licensed premises, whether the loitering is occurring immediately outside the licensed premises facility or anywhere else on the property or parcel.

d. A licensee shall remove graffiti from the licensed premises within 24 hours of its occurrence, or as requested by the city.

e. Commercial cannabis activity shall not adversely affect the health, safety, or general welfare of the nearby residents by creating dust, glare, heat, noise, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to use or storage of materials, processes, products, or wastes.

F. Grounds for Revocation.

1. Any of the following shall be grounds for revocation of a commercial cannabis land use permit based on evidence and following notice and public hearing pursuant to Section 9.02.260 "Revocation of approvals or permits" of the Moreno Valley Municipal Code:

a. Failure to comply with one or more conditions of approval of the conditional use permit (CUP).

b. The land use permit was granted on the basis of false material or information, including written or oral communications, given willfully or negligently by the applicant.

c. The ownership or control of the commercial cannabis business has been transferred and/or sold, a land use permit issued pursuant to this chapter has been transferred and/or sold, or the title of any parcels constituting the site on which the land use permit was originally issued has been transferred. New ownership would require a secured cannabis business permit/license in order for a CUP to remain valid, and is subject to the one year inactivity requirement included in Section 9.02.260(C)(2).

d. Any act or omission by an owner or licensee in violation of the provisions of this section.

e. Any act or omission by an owner or licensee that results in the denial or revocation of the owner's or licensee's state license.

f. Any act or omission that results in the revocation of that owner's or licensee's commercial cannabis business license clearance under Title 5, Chapter 5.02 of the Moreno Valley Municipal Code.

g. An owner's or licensee's failure to take appropriate action to evict or otherwise remove persons conducting commercial cannabis activities who do not maintain the necessary permits or licenses in good standing with the city or state.

h. Permit holder's conviction for possession or delivery of any form of illegal drugs.

i. City or any other governmental agencies discovery of any form of illegal drugs, other than cannabis products regulated by this section, on the licensed premises at any time.

j. Conduct of the commercial cannabis activities in a manner that constitutes a nuisance where the owner or licensee has failed to comply with reasonable conditions to abate the nuisance (e.g., odor).

(Ord. 932 § 5, 2018; Ord. 968 § 4, 2020)

§ 9.09.300 SB 9 Two-unit residential developments.

A. Purpose and Intent. The purpose of this section is to regulate qualifying SB 9 two-unit residential developments and urban lot splits within single-family residential zones in accordance with California Government Code Sections 65852.21 and 66411.7.

B. Applicability. The standards and limitations set forth in this section shall apply to urban lot splits and the development and use of SB 9 two-unit residential developments within a single-family residential zone in the city, notwithstanding any other conflicting provisions of this code. In the event of a conflict between the provisions of this section and any other provision of this code, the provisions of this section shall prevail.

C. Permit Application and Review Procedures. An application for an SB 9 two-unit residential development or an urban lot split shall be submitted on a form prescribed by the city, along with all information and materials prescribed by such form. The community development director will review the application for consistency with state law, consider and approve or disapprove a complete application for an SB 9 two-unit residential development or an urban lot split ministerially, without discretionary review or public hearing.

1. Nonconforming Conditions. An SB 9 two-unit residential development may only be approved if all nonconforming zoning conditions are corrected. The correction of legal nonconforming zoning conditions is not a condition for ministerial approval of a parcel map for an urban lot split.

2. Effectiveness of Approval. The ministerial approval of an SB 9 two-unit residential development or a parcel map for an urban lot split does not take effect until the city has confirmed that all required documents have been recorded.

3. Hold Harmless. Approval of an SB 9 two-unit residential development or a parcel map for an urban lot split shall be conditioned on the applicant agreeing to defend, indemnify and hold harmless the city, its officers, agents, employees and/or consultants from all claims and damages (including attorney's fees) related to the approval and its subject matter.

4. Specific and/or Adverse Impacts. Notwithstanding anything else in this section, the community development director may deny an application for an SB 9 two-unit residential development or a parcel map for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, on either public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

5. An application for a proposed housing development pursuant to this section shall be considered and approved or denied within 60 days from the date the city receives a completed application. If the city has not approved or denied the completed application within 60 days, the application shall be deemed approved.

6. If the city denies an application for a proposed housing development pursuant to Section 65852.21 of the Government Code, the city shall, within the time period of 60 days, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

D. Qualifying Requirements. A proposed urban lot split or SB 9 two-unit residential development must meet all of the following requirements in order to qualify for ministerial review pursuant to the provisions of this section. It shall be the responsibility of the applicant to demonstrate to the reasonable satisfaction of the community development director that each of these requirements is satisfied. The applicant and each owner of the property shall provide a sworn statement, attesting to all facts necessary to establish that each requirement is met.

1. The subject property shall be located within a single-family residential zone.

2. The proposed development shall not be located on any site identified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of California Government Code Section 65913.4, unless the development satisfies the requirements specified therein. Such sites include, but are not limited to, prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat preservation.

3. The proposed development shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the California Public Resources Code.

4. The proposed development shall not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

5. The proposed development shall not require the demolition or alteration of housing that is subject to any form of rent or price control.

6. The proposed development shall not require the demolition or alteration of housing that has been occupied by a tenant within the last three years.

7. The subject property shall be owned solely by one or more individual property owners.

8. In the case of an urban lot split, the lot proposed to be subdivided shall not have been established through a prior urban lot split.

9. In the case of an urban lot split, the lot proposed to be subdivided ("subject lot") is not adjacent to any lot that was established through an urban lot split by the owner of the subject lot or by any person acting in concert with the owner of the subject lot.

10. No unpermitted construction or illegal nonconforming zoning conditions shall exist on the property.

11. All units shall have a dedicated address.

E. Permitted Locations. A lot on which an urban lot split or SB 9 two-unit residential development is proposed must be located within a single-family residential zone. A lot located within a multiple-family or mixed-use zone shall not be eligible to be subdivided through an urban lot split or developed with an SB 9 two-unit residential development pursuant to this section.

F. Number of Dwelling Units Permitted on a Lot.

1. Notwithstanding any other provisions of this code, state law requires the city to permit a lot located within a single-family residential zone to contain two primary dwelling units, provided both units are developed and maintained in compliance with the standards and requirements set forth in this section.

2. Provided the lot is not subdivided or created through an urban lot split, development of two primary dwelling units on a lot through an SB 9 two-unit residential development in conformance with this section does not preclude the development or maintenance of one or more ADUs and/or JADUs on the lot to the extent permitted by Section 9.09.130 and state law.

3. No more than two dwelling units of any kind may be constructed or maintained on a lot that results from an urban lot split. For purposes of this subdivision, the two-unit limitation applies to any combination of primary dwelling units, ADUs, and JADUs.

G. Separate Conveyance.

1. Primary dwelling units located on the same lot may not be owned or conveyed separately from one another. All fee interest in a lot and all dwellings must be held equally and undivided by all individual owners of the lot.

2. Separate conveyance of the two lots resulting from an urban lot split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, or if the two lots share a driveway, appropriate covenants, easements or similar documentation allocating legal and financial rights and responsibilities between the owners of the two lots ("CC&Rs") for construction, reconstruction, use, maintenance, and improvement of the attached structures and any related shared drive aisles, parking areas, or other portions of the lot must be recorded before the city will approve a final parcel map for the urban lot split. Notwithstanding the provision of such CC&Rs, however, where attached structures and/or related shared facilities span a lot line resulting from an urban lot split, all owners of both lots shall be jointly and severally responsible for the use and maintenance of such structures and/or shared facilities in compliance with all provisions of this code.

3. Condominium airspace divisions and common interest developments are not permitted on a lot created through an urban lot split or containing an SB 9 two-unit residential development.

H. Residential Use Only. No nonresidential use is permitted on any lot created through an urban lot split or containing an SB 9 two-unit residential development.

I. No Short-Term Rentals Permitted. The rental of any dwelling unit on a lot created through an urban lot split or containing an SB 9 two-unit residential development shall be for a term longer than 30 consecutive days.

J. Housing Crisis Act Replacement Housing Obligations. If the proposed development will result in the demolition of protected housing, as defined in California Government Code Section 66300, the applicant shall replace each demolished protected unit and comply with all applicable requirements imposed pursuant to subsection (d) of Government Code Section 66300.

K. Standards and Requirements. A qualifying SB 9 two-unit residential development and any development on a lot created through an urban lot split shall be subject to the standards and criteria set forth in this section.

1. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

2. Except for those circumstances described above in subsection K.1 the setback for side and rear lot lines shall be four feet. The front setback shall be as set forth in the single-family residential zone.

3. Except for those circumstances described above in subsection D, Qualifying Requirements, the demolition or alteration of a structure is allowed for developments proposed under this section.

4. The applicant shall provide easements for the provision of public services and facilities as required.

5. Off-street parking shall be limited to one space per unit, except that no parking requirements shall be imposed if the parcel is located within one-half mile walking distance of either a high quality transit corridor as defined by Public Resources Code Section 21155(b) or a major transit stop as defined in Public Resources Code Section 21064.3.

6. Any residential accessory structure proposed in conjunction with or following the development of, a two-unit residential development shall meet the requirements of Section 9.08.030 (Accessory structures) of Chapter 9.08 (General Development Standards).

7. All setback areas, and all areas not designated for walkways, parking, drive aisles, and private open space, shall be fully landscaped and irrigated. Each development shall comply with the landscaping and irrigation requirements contained in Section 9.17.070 (Single-family residential development) of Chapter 9.17 (Landscape and Water Efficiency Requirements).

8. If there is an existing primary dwelling that was legally established on the lot prior to the filing of a complete application for a two-unit development or an urban lot split, any new additional primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch.

9. If two new primary dwelling units are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch.

10. All developments shall provide each unit with the appropriate number of containers for recyclables, organics, and non-recyclable solid waste ("trash containers").

L. Additional Requirements for Urban Lot Splits.

1. An urban lot split must conform to all applicable objective requirements of the Subdivision Map Act, including implementing requirements in this code, except as otherwise provided in this section. Notwithstanding the foregoing, no dedication of rights-of-way or construction of off-site improvements is required solely for an urban lot split. (Government Code Section 66411.7(c)(1).)

2. Lot Size. The parcel map for an urban lot split must subdivide an existing lot to create no more than two new lots of approximately equal lot area, provided that one lot shall not be smaller than 40% of the lot area of the original lot proposed for subdivision. Both newly created lots must each be no smaller than 1,200 square feet.

3. The city's objective design review standards are required for urban lot splits, but only as they relate to the design or improvements of a parcel. The lot split will conform to all applicable objective design review standards so long as they do not physically preclude two units on each lot of 800 square feet each and allow a setback of four feet from the rear and side property lines (or less if in an existing structure or new structure built to the same dimensions.

M. Easements.

1. The owner must enter into an easement agreement with each utility/public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

2. Each easement must be shown on the tentative parcel map and the final parcel map.

3. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final parcel map may be approved.

N. Improvements Required. Each resulting lot must be developed in accordance with improvement plans processed concurrently with the parcel map application and approved by the city, showing the location and dimensions of all structures, drive aisles, parking areas, pedestrian pathways, and other improvements proposed to be constructed or to remain on each lot.

Approval of a parcel map for an urban lot split shall be subject to the city's approval of such related improvement plans and all related entitlements or other approvals required by this code. Any proposed development on one of the lots that is inconsistent with or not shown on the improvement plans approved concurrently with the urban lot split shall be subject to review and approval by the city in accordance with the applicable requirements of this code.

O. Deed Restrictions. Prior to approval of a parcel map for an urban lot split and/or the issuance of a building permit for the development of an SB 9 two-unit residential development, the owner(s) of record of the property shall provide a copy of a covenant agreement, declaration of restrictions, or similar deed restriction ("deed restriction") recorded against the property in a form acceptable to the city, and that does each of the following:

1. Expressly requires the rental of any dwelling unit on the property be for a term longer than 30 consecutive days.

2. Expressly prohibits any nonresidential use of the lot.

3. Expressly prohibits primary dwelling units located on the same lot from being owned or conveyed separately from one another.

4. Expressly requires all fee interest in each lot and all dwellings to be held equally and undivided by all individual owners of the lot.

5. Expressly prohibits condominium airspace divisions and common interest developments on the property.

6. States that the property was formed and/or developed pursuant to the provisions of this section and is therefore subject to the city regulations set forth in this section, including all applicable limits on dwelling size and development.

7. Expressly prohibits more than two dwelling units of any kind from being constructed or maintained on a lot that results from an urban lot split.

8. States the following:

a. That the deed restriction is for the benefit of and is enforceable by the city;

b. That the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns;

c. That lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property;

d. That, if the city is required to bring legal action to enforce the deed restriction, then the city shall be entitled to its attorneys' fees and court costs; and

e. That the deed restriction may not be modified or terminated without the prior written consent of the city.

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

"Accessory dwelling unit (ADU)" and "junior accessory dwelling unit (JADU)"

shall have the meanings ascribed to these terms in Section 9.09.130.

"Individual property owner"

means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title.

"Individual property owner" does not include any corporation or corporate person of any kind (partnership, limited partnership, limited liability company, C corporation, S corporation, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code Section 214.15).

"New primary dwelling unit"

means either a new, additional dwelling unit that is created or an existing dwelling unit that is expanded, but does not include an ADU or a JADU.

"SB 9 two-unit residential development"

shall mean a housing development containing no more than two primary residential units within a single-family residential zone that qualifies for ministerial review pursuant to California Government Code Section 65852.21 and this section. A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing primary unit.

"Single-family residential zone"

shall have the same meaning as in California Government Code Section 65852.21. A single-family residential zone includes all single-family residential zoning districts and any property within a planned unit development district or a specific plan area where a single-family dwelling is a permitted use, but a duplex, triplex, or multiple-family dwelling is not a permitted or conditionally permitted use.

"Urban lot split"

shall have the same meaning as stated in California Government Code Section 66411.7.

Q. Interpretation. The provisions of this section shall be interpreted to be consistent with the provisions of California Government Code Sections 65852.21 and 66411.7 and shall be applied in a manner consistent with state law. The city shall not apply any requirement or development standard provided for in this section to the extent prohibited by any provision of state law.

(Ord. 990 § 7, 2022; Ord. 1028, 6/17/2025)

§ 9.09.310 Supportive and transitional housing.

A. Use and Zoning. Supportive and transitional housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. This includes residential zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development satisfies all of the requirements of Government Code Section 65651.

B. Nonresidential floor area shall be used for onsite supportive services and administrative office space in the following amounts:

1. For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.

2. For a development with more than 20 units, at least three percent of the total floor area shall be provided for onsite supportive services restricted to tenant use only, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

3. The total floor area dedicated to administrative office space shall not exceed 25% of the total floor area.

C. Definitions. For the purposes of this section, certain words or phrases used in this section are defined as follows:

"Administrative office space"

means an organizational headquarters or auxiliary office space utilized by a nonprofit organization for the purpose of providing onsite supportive services at a supportive housing development entitled to the by-right approval process and includes other nonprofit operations beyond the scope of the corresponding development, including parking necessary to serve the office space.

"Supportive housing"

means a facility that provides housing with no limit on length of stay, that is occupied by the target population as defined by Section 50675.2 of the California Health and Safety Code, and that is linked to on-site or off-site services that assist tenants in retaining housing, improving their health status, maximizing their ability to live and, when possible, work in the community. Supportive housing includes transitional housing for youth and young adults and includes nonresidential uses and administrative office space.

"Target population"

means adults with low income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services under the Lanterman Developmental Disabilities Services Act (Division 4.5 of the Welfare and Institutions Code, commencing with Section 4500) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people (Health and Safety Code Section 50675.14(3)(A)).

"Transitional housing" and "transitional housing development"

mean buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months (Health and Safety Code Section 50675.2(h)).

(Ord. 990 § 8, 2022; Ord. 1028, 6/17/2025)

§ 9.09.320 Low barrier navigation centers.

A. Purpose and Intent. The purpose of this section is to implement the provisions of Government Code Section 65660 et seq., relating to low barrier navigation centers.

B. General Standards. A low barrier navigation center development is a use by-right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, if it meets the following requirements:

1. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2. It is linked to a coordinated entry system, so that staff in the interim facility or staff who colocate in the facility may conduct assessments and provide services to connect people to permanent housing.

3. It complies with Chapter 6.5 of Housing First and Coordinating Council (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

5. Low barrier navigation centers shall also comply with the standards established for emergency shelters in Section 9.09.170 of the Moreno Valley Municipal Code.

C. Review Process. Low barrier navigation centers may be established and operated subject to nondiscretionary approval of a site plan review in compliance with Section 9.02.030 of the Moreno Valley Municipal Code.

D. Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning, or otherwise defined in Government Code Sections 65660 et seq.:

"Coordinated entry system"

means a centralized or coordinated assessment system developed pursuant to the applicable provisions of the Code of Federal Regulations, as specified in Government Code Section 65662, and any related requirements, are designed to coordinate program participant intake, assessment, and referrals.

"Low barrier navigation center"

means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. A low barrier navigation center may be non-congregate and relocatable.

"Low barrier"

means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth;

2. Pets;

3. The storage of possessions; or

4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

(Ord. 999 § 12, 2023; Ord. 1028, 6/17/2025)

§ 9.09.330 Group homes.

A. Purpose and Intent. The purpose of this section is to ensure that group homes do not result in an adverse impact on adjacent residential uses or the surrounding neighborhood.

B. Applicability. Group homes shall be permitted in any residential district subject to a conditional use permit, the property development standards of the underlying district, and all applicable local, state and federal laws, including the standards in subsection C of this section.

C. Property Development Standards. The following standards shall apply to group homes:

1. Group homes shall be considered a residential use of property, and, except as otherwise set forth in this section, shall be subject only to those restrictions and standards that apply to other residential dwellings of the same type in the same zoning district.

2. A group home, limited, that serves six or fewer persons shall not be included within the definition of a boarding house, rooming house, institution, or home for the care of minors, the aged, or persons with mental health disorders, foster care home, guest home, rest home, community residence, or other similar terms that imply that the residential facility is a business run for profit or differs in any other way from a family dwelling.

3. A group home, limited, that serve six or fewer persons are allowed in all residential zoning districts a permitted use without a conditional use or other discretionary permit.

4. Any sized group home shall not be located in an accessory dwelling unit (ADU), unless the primary dwelling unit is used for the same purpose.

5. A group home, limited, not counting a house manager, but in no event shall have more than seven occupants. If the dwelling unit has an accessory dwelling unit (ADU), occupants of both units will be combined to determine whether or not the limit of six occupants has been exceeded.

6. A group home, general, for more than six residents, shall be permitted in any residential district subject to a conditional use permit, the property development standards of the underlying district, and all applicable local, state, and federal laws.

7. A group home, general, for more than six residents, is required to have a minimum distance from any other group home, general of 300 feet, as specified by State Health and Safety Code Section 1267.9(b).

8. Density shall be in accordance with the requirements of the district within which the facility is located.

9. Parking shall be provided based upon demonstrated need but shall not require more parking than required for other residential uses within the same zoning district. Except as otherwise required or allowed by this subsection, the parking requirements of Chapter 9.11 shall also apply.

10. Fences or walls may be required to ensure privacy and neighborhood compatibility.

11. Such other conditions and standards necessary to preserve and safeguard the public health, safety or welfare of the occupants and the community may be imposed.

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

"Group home"

means a residential unit utilized as a supportive living environment for people meeting the legal definition of disabled. A group home operated by a single operator or service provider constitutes a single facility, whether the facility occupies one or more dwelling units. A group home provides housing only for a classified group of people. No medical care, services, or treatment can take place in a group home. Only state licensed facilities can provide care, services, or treatment under state law (see 9.09.160, Residential care facilities).

"Group home, general"

serves seven or more persons.

"Group home, limited"

serves six or fewer persons.

"Sober living home"

means a group home for people recovering from a chemical addiction that meets the legal definition of disabled. A sober living home provides only housing for people who have just come out of rehab and need a place to live that is structured and supportive for those in recovery. No medical care, services, or treatment can occur in a sober living home. Only state licensed facilities can provide care, services, or treatment under state law (see 9.09.160 (Residential care facilities).

(Ord. 999 § 13, 2023)

§ 9.09.340 Motion picture/film studio.

A. Operational Standards.

1. Noise. Written notice shall be given to the appropriate studio whenever any activity is proposed which may create noise levels which exceed 90 dB within 100 feet of studio property and shown in Figure 1. In addition, written notice shall be given of any activity involving jackhammers, and similar equipment which causes vibrations, within 500 feet of any studio. This notice shall be provided at least two weeks in advance of the start of these activities. Permits for these activities shall not be granted without proof of this notice.

2. Neighbors. Studios shall provide appropriate advance notice to surrounding residents when studio activities have the potential to adversely impact adjacent neighborhoods.

B. Fences and Walls. Walls and fences shall be designed to complement the building's architecture and that of adjacent fences and walls through the use of similar materials and construction details.

C. Screening. Combinations of berming, landscaping, walls and buildings shall be used to screen loading areas, storage areas, trash enclosures and utilities from public view.

D. Landscaping. When used as a screen, the landscaping shall be of adequate maturity to reach the height and density sufficient to provide the necessary screening within 18 months of installation to the satisfaction of the Community Development Director.

E. Signs. A sign program is required for all studios.

F. Building Height.

Table 9.90.340-A
Distance from Residential Zones	Maximum Allowable Height
50-149 feet	35 feet
150-299 feet	50 feet
300-500 feet	70 feet
greater than 500 ft.	15 stories, provided that the highest portion of the structure shall not exceed 205 feet above the average grade of the lot.

G. Building Setback.

Table 9.90.340-B
Adjacent to residential zone	25 feet
Adjacent to non-residential zone	10 feet

(Ord. 1013, 6/25/2024)

§ 9.09.350 Affordable housing units on religious facility sites.

A. Purpose and Intent. The purpose of this section is to allow and encourage the development of affordable housing units on properties owned by religious institutions in the city of Moreno Valley. The city recognizes the potential of religious institution-owned properties to address the growing affordable housing crisis, and the state-mandated regional housing needs while preserving the cultural, social, and community-oriented functions of religious facilities. This section establishes standards and incentives that exceed the minimum provisions of California Government Code, Section 65913.16 (Affordable Housing on Faith and Higher Education Lands Act of 2023), Chapter 4.2 of Division 1, Title 7 to facilitate the development of affordable housing and ensure the long-term sustainability of such projects.

B. Applicability. Affordable housing units shall be allowed by-right, without discretionary review, on properties owned by religious institutions in any residential zoning district where religious institutions are permitted and conditionally approved. Religious institutions include, but are not limited to, churches, synagogues, mosques, and other places of worship. These developments must meet the following criteria:

1. The site must be owned by a religious institution.

2. At least 80% of the units shall be developed, offered to, and sold or rented to households of lower income at an affordable housing cost, as defined in California Health and Safety Code Section 50079.5.

3. The affordable housing units must meet the affordability standards outlined in this section and be available to households at or below 80% of the area median income (AMI) for Riverside County.

4. If the development project consists of units for sale, it may instead develop, offer to, and sell a minimum of 90% of units to households of moderate income, as defined in California Health and Safety Code Section 50093.

5. The development project is not adjoined to any site where more than one-third of the square footage on the site is dedicated to light industrial use.

C. Development Standards and Incentives. To encourage the construction of affordable housing, development standards shall comply with the R30 zone unless otherwise specified in this section.

1. Density.

a. The maximum allowable development density for a development project located in the following zones, shall be 30 units per acre.

i. Rural Residential (RR).

ii. Hillside Residential (HR).

iii. Residential 1 (R1).

iv. Residential 2 (R2).

v. Residential Agriculture 2 (RA2).

vi. Residential 3 (R3).

vii. Residential 5 (R5).

viii. Residential 10 (R10).

ix. Residential 15 (R15).

x. Residential 20 (R20).

xi. Residential 30 (R30).

xii. Residential Single-Family 10 (RS10).

xiii. CC (Community Commercial).

xiv. VC (Village Commercial).

xv. OC (Office Commercial).

xvi. O (Office).

xvii. MUN (Mixed-Use Neighborhood Overlay).

xviii. MUC (Mixed-Use Community Overlay).

xix. MUI (Mixed-Use Institutional Anchor Overlay).

xx. NC (Neighborhood Commercial).

b. The maximum allowable development density for a development project located in the following zones, shall be 40 units per acre.

i. P (Public).

ii. I (Industrial).

iii. LI (Light Industrial).

iv. BP (Business Park).

v. BPX (Business Park-Mixed Use).

c. Religious facility sites may receive a density bonus as outlined in Section 9.03.050 (Density bonus program for affordable housing) of the Moreno Valley Municipal Code.

2. Height Limit. The maximum height allowed shall be a height of one story above the maximum height otherwise applicable to the parcel on which the development project is located.

3. Off-Street Parking.

a. Except if the project site is within one-half mile of transit or there is a car share vehicle within one block of the site or state or local law allows less, a development project shall be required to provide off-street parking up to one space per unit.

b. Senior citizen housing projects, which by their design appeal to age categories significantly older than age 55, may request reduced parking requirements if it can be demonstrated that less demand will be generated with approval of a parking study pursuant to Section 9.11.070(A).

c. The number of religious-use parking spaces requested to be eliminated, or reduced in the case of a plan for a new development, by a developer of a religious institution affiliated housing development project pursuant to this section shall not exceed the following:

i. In the case of an existing place of worship to be retained, 50% of the number of religious-use parking spaces that are available at the time the request is made.

ii. In the case of a newly constructed place of worship, 50% of the number of religious-use parking spaces that would be required for a newly constructed place of worship.

D. Affordability Requirements. All housing developments processed under the standards of this section shall be subject to all of the elements required for a density bonus affordable housing agreement in Moreno Valley Municipal Code Section 9.03.050(P) (Density bonus program for affordable housing).

(Ord. 1028, 6/17/2025)

§ 9.09.360 Extremely affordable adaptive reuse projects.

A. Purpose and Intent. The purpose of this section is to regulate qualifying multifamily residential developments in accordance with California Government Code Section 65913.12.

B. Applicability. Multifamily housing developments projects that involve retrofitting and repurposing of a residential or commercial building shall be permitted if the development meets the following criteria:

1. The development is a multifamily housing project.

2. The development involves the retrofitting and repurposing of a residential building or commercial building that currently allows temporary dwelling or occupancy, to create new residential units.

3. The development will be entirely within the existing building.

4. The development is proposed to be located on a site that is an infill parcel as defined in this section.

5. The development is not proposed to be located on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. For purposes of this section, parcels separated only by a street or highway shall be considered adjoined.

6. The development does not eliminate any existing open space on the parcel.

7. For developments of 50 units or more, the development shall provide onsite management services.

8. The development meets all of the following affordability criteria:

a. 100% of the units within the development project, excluding managers' units, shall be dedicated to lower income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.

b. At least 50% of the units within the development project shall be dedicated to very low income households at an affordable housing cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.

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

C. Development Standards.

1. Minimum Dwelling Unit Sizes.

a. Studio and one-bedroom: 450 square feet;

b. Two-bedroom: 800 square feet;

c. Three-bedroom: 1,000 square feet.

D. Application and Processing.

1. Applications for multifamily projects that meet all the standards of subsection B shall be permitted in all zones provided a plot plan has been approved.

2. A proposed development that is consistent with the provisions of subsection B shall be deemed consistent, compliant, and in conformity with all applicable city provisions.

3. If an application is determined to be in conflict with any of the standards of subsection B, the city shall provide the applicant written documentation that identifies the conflicting standard and explains the reason the project conflicts with said standard within the following timeframes:

a. Within 60 days of submittal of the completed proposal for the development project to the city if the development contains 150 or fewer housing units.

b. Within 90 days of submittal of the completed proposal for the development project to the city if the development contains more than 150 housing units.

4. If the city does not make a timely determination within the timeframes described in this section, the application shall be deemed consistent, compliant, and in conformity with the applicable provision.

5. The city shall not impose or require the curing of any preexisting deficit of or conflict with any of the following standards;

a. Any maximum density requirements.

b. Any maximum floor area ratio requirements.

c. Any requirement to add additional parking.

d. Any requirement to add additional open space.

6. A local agency may deny a project that is proposed to be located on a site or adjoined to any site where any of the square footage on the site is dedicated to industrial use if the local agency makes written findings that approving the development would have an adverse effect on public health and safety.

E. Definitions. For the purposes of this section, the following definition shall apply:

"Infill parcel"

means a parcel that is either of the following:

1. At least 75% of the perimeter of the site of the development adjoins parcels that are developed with urban uses. For purposes of this paragraph, parcels that are separated by a street or highway shall be considered adjoined.

2. The parcel is within one-half mile of public transit.

(Ord. 1028, 6/17/2025)

§ 9.09.370 Community clinic.

A. Purpose and Intent. The purpose of this section is to regulate qualifying community clinic developments in accordance with California Government Code Section 65914.900.

B. Applicability. Community clinics licensed pursuant to Section 1204 of the Health and Safety Code that provides reproductive health services as defined in subdivision (f) of Section 423.1 of the Penal Code shall be reviewed on an administrative, nondiscretionary basis if the development meets the following criteria:

1. The development project is located in the following zones;

a. Mixed-Use Neighborhood Overlay (MUN).

b. Mixed-Use Community Overlay (MUC).

c. Mixed-Use Institutional Anchor Overlay (MUI).

d. Neighborhood (NC).

e. Community Commercial (CC).

f. Village Commercial (VC).

g. Office Commercial (OC).

h. Office (O).

i. Industrial (I).

j. Light Industrial (LI).

k. Business Park (BP).

l. Business Park-Mixed Use (BPX).

2. The development does not require the demolition of housing or a historic structure that was placed on a national, state, or local historic register.

3. The development is not located on a site described in paragraph 6 of subdivision a of Government Code Section 65913.4.

4. The project will not result in adverse impacts to a tribal cultural resource, as defined in subsection (a) of Section 21074 of the Public Resources Code.

C. Application and Processing.

1. Applications for community clinics that meet all the standards of subsection B shall be permitted ministerially with approval of both an administrative plot plan and building permit. The city shall approve or deny the application within 60 days of submission of the application.

2. If an application is determined to be in conflict with any of the standards of subsection B, the city shall provide the applicant written documentation that identifies the conflicting standard and explains the reason the project conflicts with said standard. The applicant may submit materials to address and resolve the conflict identified. Within 60 calendar days after the city receives the materials, the city shall determine whether the development is consistent with the standards of subsection B.

D. Appeals. Appeals shall be processed as outlined in Section 9.02.240. except the city shall provide a final written determination on an applicant's submitted appeal no later than 60 calendar days after the city has received the written appeal.

(Ord. 1028, 6/17/2025)