Moreno Valley City Zoning Code

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.

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:

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.

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.

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

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

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

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.

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.

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.

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.

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

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.

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.

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

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.

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.

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

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

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

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.

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 12:00 a.m. and 10:00 a.m. of any day excepting here from an "adult hotel/motel."

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.

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.

Regulation of Adult Booth/Individual Viewing Area.

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.

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.

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.

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.

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

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

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

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.

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.

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:

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 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:

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:

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.

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.

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.

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.

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

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.

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.

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

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

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.

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.

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.

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.

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.

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.

Number of Machines.

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

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

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

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

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

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.

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.

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.

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

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:

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.

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.

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.

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.

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.

Landscaping.

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

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.

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.

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.

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.

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.

Noise Control.

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.

Air Quality.

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

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.

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.

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

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

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.

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.

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.

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

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.

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

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.

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.

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.

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.

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.

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.

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 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:

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:

The operator is a California nonprofit entity; and

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

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

Alcohol is not offered for sale on the premises; and

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

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

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).

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;

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

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

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;

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

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;

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

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

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

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

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

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

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;

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;

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

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

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

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;

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;

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;

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;

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.;

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;

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;

Signs may be provided as follows:

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

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;

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;

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

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:

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

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

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

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

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;

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

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;

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;

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

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.;

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;

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;

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;

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.

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

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

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;

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;

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

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;

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;

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;

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;

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;

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;

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;

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;

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;

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

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.

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.

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.

Applications for 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. Applicants seeking to develop ADUs have two primary pathways for compliance, as outlined below. These pathways may be combined.

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.

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:

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.

The city shall determine whether an application to create or serve an accessory dwelling unit is complete and provide written notice of this determination to the applicant not later than 15 business days after an ADU or JADU application is submitted.

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.

If the property on which the ADU or JADU is proposed is served by a septic system, the applicant must verify with the Riverside County environmental health department that the system can adequately support an ADU or JADU prior to submitting an application to the city of Moreno Valley.

Permitted ADUs. An ADU is permitted if the lot is zoned for single-family, multifamily use, or mixed-use that allows for residential use, and it contains an existing single-family 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.

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

ADU Size.

Setbacks.

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.

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

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

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.

Plans shall demonstrate an unobstructed passageway extending from a street to one entrance of the ADU.

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.

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

Parking requirements, consistent with Chapter 9.11 of this title:

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.

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

The JADU cannot exceed 500 square feet of interior livable space.

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

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

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 JADU shares sanitation facilities with the existing structure. If the property owner is a governmental agency, land trust, or housing organization, or the JADU has its own sanitation facilities, then owner occupancy cannot be required.

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

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

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.

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.

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

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

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

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

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

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.

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 Government Code Section 66324.

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.

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.

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.

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

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

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

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.

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.

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

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:

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.

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.

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.

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.

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

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:

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.

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

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

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.

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.

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).

All second-story units shall be serviced by elevators.

All common areas shall be wheelchair accessible.

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

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).

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.

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.

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.

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.

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.

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.

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.

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).

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

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.

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

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.

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;

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;

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

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

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;

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

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;

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

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

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.

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.

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.

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).

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).

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.

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

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.

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

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

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

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.

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.

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.

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.

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.

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.

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.

A mailbox shall be provided for each SRO unit.

Each SRO project shall provide a centralized trash area.

To all new service stations; and

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.

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

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.

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.

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

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

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

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

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

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.

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.

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.

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

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.

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.

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

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

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.

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:

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

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.

Vehicle washing and lubricating services;

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

Minor automotive repair;

Towing service limited to two trucks; and

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

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.

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

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.

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.

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.

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.

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

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.

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

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

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.

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

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

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.

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.

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

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

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

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

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.

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.

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).

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.

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.

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

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.

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

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.

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

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.

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.

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

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

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).

Each monument shall utilize indigenous materials.

Each monument shall provide for view sheds.

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

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:

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

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.

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.

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.

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

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.

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

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.

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.

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.

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

Adult-oriented businesses;

Animal care or boarding;

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

Commercial food preparation activities;

Industrial uses;

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

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

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

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

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.

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.

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.

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

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

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.

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

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

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

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

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

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.

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).

Joint Tenants and Owners Association.

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.

Noise Notification.

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.

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

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.

Materials.

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).

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

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.

A mixed-use development project shall be designed and constructed to:

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.

Features.

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.

Hours of Operation. Hours of operation for outdoor dining areas shall coincide with those of the associated indoor restaurant.

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.

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.

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.

Noise. Amplified sound (e.g., music, television, etc.) shall not be audible beyond the lot line.

No smoke shop shall be located within 600 feet of any other smoke shop.

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:

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:

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:

Distance, without regard to intervening structures, shall be:

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:

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:

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

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.

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.

Intent. The intent of this section is to regulate and provide for the conditional use permitting of the following commercial cannabis business land uses:

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.

Placement and Buffer of Cannabis Businesses.

General Business Requirements.

Commercial Cannabis Cultivation.

Commercial Cannabis Manufacturing.

Commercial Cannabis Testing.

Commercial Cannabis Dispensaries.

Commercial Cannabis Distribution Centers.

Commercial Cannabis Microbusinesses.

Building Size and Operation.

Visibility.

Parking.

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.

Signs and Graphics.

Site Security.

Waste and Storage and Disposal. Waste, storage, and disposal of all marijuana and cannabis products shall meet all applicable state and local health regulations.

Public Nuisance Standards.

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:

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.

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.

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.

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.

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.

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.

The subject property shall be located within a single-family residential zone.

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.

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.

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.

The proposed development shall not require the demolition or alteration of housing that is subject to any form of rent or price control.

The proposed development shall not require the demolition or alteration of housing that has been occupied by a tenant within the last three years.

The subject property shall be owned solely by one or more individual property owners.

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.

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.

No unpermitted construction or illegal nonconforming zoning conditions shall exist on the property.

All units shall have a dedicated address.

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.

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.

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.

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.

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.

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.

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.

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.

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.

The applicant shall provide easements for the provision of public services and facilities as required.

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.

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).

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).

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.

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.

All developments shall provide each unit with the appropriate number of containers for recyclables, organics, and non-recyclable solid waste ("trash containers").

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).)

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.

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.

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.

Each easement must be shown on the tentative parcel map and the final parcel map.

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.

Expressly requires the rental of any dwelling unit on the property be for a term longer than 30 consecutive days.

Expressly prohibits any nonresidential use of the lot.

Expressly prohibits primary dwelling units located on the same lot from being owned or conveyed separately from one another.

Expressly requires all fee interest in each lot and all dwellings to be held equally and undivided by all individual owners of the lot.

Expressly prohibits condominium airspace divisions and common interest developments on the property.

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.

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.

States the following:

For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.

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.

The total floor area dedicated to administrative office space shall not exceed 25% of the total floor area.