BASE/FRAME:
GRAPHITE
BUTTERFLY BACK:
LATITUDE BLACK
SEAT FINISH:
AIREWEAVE 2 GRAPHITE
ARMPAD:
BLACK
HERMAN MILLER MIRRA 2 TASK CHAIR
CASTERS:
HARD FLOOR OR CARPET
421
FabricDateProduct images are representational only. Fabrics, finishes and specifications may be different than what is pictured.
G|M Business Interiors Elevate your Workplace TM
Please initial & date
here as approval
MURRIETA PD
Quote#229110
LT'S OFFICE- LT CARNEY
Base & Frame
Graphite, G1
Seat & Back Suspension
8Z Pellicle Graphite, 23103
Arm Pads
Black BK
Casters
Braking caster, hard floor or
carpet with quiet roll technology
Herman Miller
Aeron Task Chair Size C
Quantity: (1)
422
FabricDateProduct images are representational only. Fabrics, finishes and specifications may be different than what is pictured.
G|M Business Interiors Elevate your Workplace TM
Please initial & date
here as approval
MURRIETA PD
Quote#229110
LT'S OFFICE- LT CARNEY
FINISH
BLACK
ELEVATE
SINGLE MONITOR ARM
423
FabricDateProduct images are representational only. Fabrics, finishes and specifications may be different than what is pictured.
G|M Business Interiors Elevate your Workplace TM
Please initial & date
here as approval
MURRIETA PD
Quote#229110
LT'S OFFICE- LT CARNEY
FINISH
BLACK
ELEVATE
DESK MOUNT POWER
424
FabricDateProduct images are representational only. Fabrics, finishes and specifications may be different than what is pictured.
G|M Business Interiors Elevate your Workplace TM
Please initial & date
here as approval
MURRIETA PD
Quote#229110
LT'S OFFICE- LT CARNEY
LAMINATE
NEUTRAL TWILL
STORAGE/BASE
FOLKSTONE GREY
PEDESTAL CUSHION
TOP
MELD SKYLINE
TACKABLE PANEL
TERRA CHARCOAL
HERMAN MILLER
CANVAS WORKSTATIONS
WITH FREESTANDING AND
OVERHEAD STORAGE
425
MURRIETA PD- LT'S OFFICE- LT CARNEY
MURRIETA POLICE DEPT
PO #
Sales Order #
Item Qty Product Unit Extended Unit Extended
Discount %
List Price Sell Price
8/20/2024
12:52:04 PM
A
Quote # 229110
SHARED OFFICEDepartment:
Contract
ELEVATE
2 305.00 610.00 109.04 218.08 64.251 %GMDPB
Elevate™ Desk Mount Power
Black
SHARED OFFICETag:
2 82.00 164.00 29.32 58.64 64.252 %GMSPB
Elevate™ Surge Protector
Black
SHARED OFFICETag:
4 302.00 1,208.00 107.97 431.88 64.253 %GMMAB
Elevate™ Monitor Arm
Black
SHARED OFFICETag:
GMHARDWARE
7 13.64 95.48 6.82 47.74 50.004 %GMHARDWARE
GM WALL ANCHORS
(1) PER
WALL STRIP
WALL START
OR OH
SHARED OFFICETag:
HERMANMILLER
1 622.00 622.00 197.36 197.36 68.275 %FV930.WMC123A42R
@Tackable Fabric Back Pnl,wall mount,for use w/ Canvas 2-1/4" plinth base or 28.5"h worksurface at a 68"H datum,23.5"h to go between a worksurface (28.5"h) & 15"h overhead or between a low crdnz (1 1/4" thick top) & 22"h overhead,42" w,tackable fabri
23/42F
4TE Fabric @terra-Pr Cat 2
04 4TE_Colors +terra charcoal
SHARED OFFICETag:
2 170.00 340.00 64.09 128.18 62.306 %DU15S.D
@Ht-Adj Vert Cable Manager,worksurface att,electric ext range (1) PER
TABLE
91 Finish +white
SHARED OFFICETag:
2 33.00 66.00 10.15 20.30 69.237 %G1331.
+Cord Cleat 2/Pkg
SHARED OFFICETag:
7 .00 .00 .00 .008 %232092-315
Lock Plug & Keys
SHARED OFFICETag:
Project DesignerAccount Executive: Gunja KogjeJared Ellis Page: 1 Job Captain Sophia McCarthy 426
MURRIETA PD- LT'S OFFICE- LT CARNEY
MURRIETA POLICE DEPT
PO #
Sales Order #
Item Qty Product Unit Extended Unit Extended
Discount %
List Price Sell Price
8/20/2024
12:52:04 PM
A
Quote # 229110
SHARED OFFICEDepartment:
Contract
HERMANMILLER
8 .00 .00 .00 .009 %232092-314
Lock Plug & Keys
SHARED OFFICETag:
1 5,961.00 5,961.00 2,364.73 2,364.73 60.3310 %DV6ECSV.2424N7272LD Vary Easy Extended Corner Table with C-Foot, squared-edge, 24" deep left x 24" deep right (23" surface size), no back corner cut, 72" wide left x 72" wide right (70" x 70" surface size), high-pressure laminate top/thermoplastic edge, electric extende
STS simple up/down touch switch
LBF +neutral twill
LBF +neutral twill
A grain runs with user's right side, seam on user's left side 8Q folkstone grey
NC no cutout
57 glides
SHARED OFFICETag:
1 5,961.00 5,961.00 2,364.73 2,364.73 60.3311 %DV6ECSV.2424N7272LD Vary Easy Extended Corner Table with C-Foot, squared-edge, 24" deep left x 24" deep right (23" surface size), no back corner cut, 72" wide left x 72" wide right (70" x 70" surface size), high-pressure laminate top/thermoplastic edge, electric extende
STS simple up/down touch switch
LBF +neutral twill
LBF +neutral twill
B grain runs with user's left side, seam on user's right side 8Q folkstone grey
NC no cutout
57 glides
SHARED OFFICETag:
2 3,423.00 6,846.00 1,338.74 2,677.48 60.8912 %LW300.68RS +Stg Twr,W-Pull,Stor Case Wdrb Rt,B/B/F, 68H
ST/SCWR/BB
F/68
SB Slides +full-extension ball-bearing
SS Paint/Steel Type +smooth paint on smooth steel
8Q Surface Finish +folkstone grey
KA Lock +keyed alike
CR Wardrobe Interior +coat rod
3M Drawer Interior +drawer divider in one box drawer, pencil tray in one box drawer, 2 file converters in file drawer SHARED OFFICETag:
Project DesignerAccount Executive: Gunja KogjeJared Ellis Page: 2 Job Captain Sophia McCarthy 427
MURRIETA PD- LT'S OFFICE- LT CARNEY
MURRIETA POLICE DEPT
PO #
Sales Order #
Item Qty Product Unit Extended Unit Extended
Discount %
List Price Sell Price
8/20/2024
12:52:04 PM
A
Quote # 229110
SHARED OFFICEDepartment:
Contract
HERMANMILLER
2 811.00 1,622.00 317.18 634.36 60.8913 %LW110.20BF
+Ped W-Pull,Mobile 20D B/F
BF
SB Slides +full-extension ball-bearing
SS Paint/Steel Type +smooth paint on smooth steel
8Q Surface Finish +folkstone grey
KA Lock +keyed alike
5M Drawer Interior +pencil tray in box drawer, 2 file converters in file drawer H1 Handle +hand grip only
SHARED OFFICETag:
2 1,420.00 2,840.00 555.36 1,110.72 60.8914 %LW200.301
+Lat File,W-Pull Freestd 2 Dwr Raised Hgt 30W
RLF/30/2H
SS Paint/Steel Type +smooth paint on smooth steel
8Q Surface Finish +folkstone grey
KA Lock +keyed alike
CB Counterweight +counterweight (recommended)
1R Drawer Interior +front-to-back filing rail
SHARED OFFICETag:
1 2,383.00 2,383.00 756.13 756.13 68.2715 %FV43H.WM1542H05L @OH Stg Cabinet, Hinged Doors,wall mount,15" h,42" w,high-pressure lam case & dr,3/8" high-pressure lam thin top,lock
FV43H.WM15
42H05L
KA Lock Option @keyed alike
8Q Case/Edge Finish +folkstone grey
8Q Door/Edge Finish +folkstone grey
8Q Top/Edge Finish +folkstone grey
SHARED OFFICETag:
2 2,272.00 4,544.00 720.91 1,441.82 68.2716 %FV43H.WM1536H05L @OH Stg Cabinet, Hinged Doors,wall mount,15" h,36" w,high-pressure lam case & dr,3/8" high-pressure lam thin top,lock
FV43H.WM15
36H05L
KA Lock Option @keyed alike
8Q Case/Edge Finish +folkstone grey
8Q Door/Edge Finish +folkstone grey
8Q Top/Edge Finish +folkstone grey
SHARED OFFICETag:
Project DesignerAccount Executive: Gunja KogjeJared Ellis Page: 3 Job Captain Sophia McCarthy 428
MURRIETA PD- LT'S OFFICE- LT CARNEY
MURRIETA POLICE DEPT
PO #
Sales Order #
Item Qty Product Unit Extended Unit Extended
Discount %
List Price Sell Price
8/20/2024
12:52:04 PM
A
Quote # 229110
SHARED OFFICEDepartment:
Contract
HERMANMILLER
1 1,869.00 1,869.00 934.13 934.13 50.0217 %MRF123AWAF
+Wk Chr,Mirra 2,Std-Ht,Tlt Lmtr/Ang,Non-Uphst Adj Arms,Flex Adj seat depth,Butterfly susp back
AJ Back Support Option+adjustable lumbar support
G1 Base/Frame Finish+graphite
C7 Casters/Glides +2 1/2" caster, black yoke, hard floors or carpet G1 Back Finish +graphite
8M Butterfly™ Back Colo+latitude-Pr Cat 3
17 8M_Colors +latitude black
BK Armpad Finish +black
1A7 AireWeave™ 2 Suspens+aireweave-Pr Cat 1
03 1A7_Colors +aireweave 2 graphite
SHARED OFFICETag:
1 2,336.00 2,336.00 1,161.93 1,161.93 50.2618 %AER1C23AW +Work Chair,New Aeron,C Size,Std-Hgt Range Adj,Tlt Lim and Seat Angle,Hgt Adj Plus Pivot Arms,Non-Uphst Armpads
ALP Back Support Option+adjustable posturefit SL
G1 Frame Finish +graphite
G1 Chassis Finish +graphite
G1 Base Finish +graphite
DC1 Casters/Glides +2 1/2" braking caster, black yoke, hard floors or carpet with quiet roll technology BK Armpad Finish +black
231 8Z Pellicle +8Z Pellicle-Pr Cat 1
03 231_Colors +8Z Pellicle graphite
SHARED OFFICETag:
2 284.00 568.00 111.07 222.14 60.8919 %LG890.220
+Pedestal Add-On Cushion Top 2H 20D
ZM2 Cushion Top Fabric@meld-Pr Cat 3
03 ZM2_Colors +meld skyline
SHARED OFFICETag:
1 661.00 661.00 209.74 209.74 68.2720 %FTS10.2472LS
+Rect Surf,sq-edge,24" d,72" w,high-pressure lam top/thermoplastic edge,no brackets, for freestd or use w/ low crdnz
24/72
LBF Top Finish +neutral twill
LBF Edge Finish +neutral twill
SHARED OFFICETag:
1 379.00 379.00 120.26 120.26 68.2721 %FTS10.2442LS
+Rect Surf,sq-edge,24" d,42" w,high-pressure lam top/thermoplastic edge,no brackets, for freestd or use w/ low crdnz
24/42
LBF Top Finish +neutral twill
LBF Edge Finish +neutral twill
SHARED OFFICETag:
Project DesignerAccount Executive: Gunja KogjeJared Ellis Page: 4 Job Captain Sophia McCarthy 429
MURRIETA PD- LT'S OFFICE- LT CARNEY
MURRIETA POLICE DEPT
PO #
Sales Order #
Item Qty Product Unit Extended Unit Extended
Discount %
List Price Sell Price
8/20/2024
12:52:04 PM
A
Quote # 229110
SHARED OFFICEDepartment:
Contract
HERMANMILLER
2 509.00 1,018.00 161.51 323.02 68.2722 %FV2E2.S24FH
@Closed Support Leg,for squared edge surf,24" d,fixed
ht,high-pressure lam w/ thermo edge
8Q Surface Finish +folkstone grey
SHARED OFFICETag:
1 249.00 249.00 79.01 79.01 68.2723 %FV2E2.S2AFL
+Closed Support Leg,for Sq-Edge Surface, 12"D Shared,Fxd Hght, Lam LBF Surface Finish +neutral twill
SHARED OFFICETag:
4 1,119.00 4,476.00 550.21 2,200.84 50.8324 %Y1116.E66R @Pari Screen, Height Adjustable Tables, Privacy (53H), Tack Fab, Horz 66W
4TE Fabric @terra-Pr Cat 2
04 4TE_Colors +terra charcoal
SHARED OFFICETag:
1 512.00 512.00 167.78 167.78 67.2325 %G6160.CB
+Twist LED Task Light,Add-on unit,Brkt Att
TL/TW/ADD-O
N
SHARED OFFICETag:
1 711.00 711.00 232.99 232.99 67.2326 %G6160.BB
+Twist LED Task Light,Starter unit,Brkt Att
TL/TW/STR
SHARED OFFICETag:
1 591.00 591.00 193.67 193.67 67.2327 %G6160.AB
+Twist LED Task Light,Single unit,Brkt Att
TL/TW
SHARED OFFICETag:
1 930.00 930.00 295.09 295.09 68.2728 %FV930.WMC123A72R @Tackable Fabric Back Pnl,wall mount,for use w/ Canvas 2-1/4" plinth base or 28.5"h worksurface at a 68"H datum,23.5"h to go between a worksurface (28.5"h) & 15"h overhead or between a low crdnz (1 1/4" thick top) & 22"h overhead,72" w,tackable fabri
23/72F
4TE Fabric @terra-Pr Cat 2
04 4TE_Colors +terra charcoal
SHARED OFFICETag:
Project DesignerAccount Executive: Gunja KogjeJared Ellis Page: 5 Job Captain Sophia McCarthy 430
MURRIETA PD- LT'S OFFICE- LT CARNEY
MURRIETA POLICE DEPT
PO #
Sales Order #
Item Qty Product Unit Extended Unit Extended
Discount %
List Price Sell Price
8/20/2024
12:52:04 PM
A
Quote # 229110
SHARED OFFICEDepartment:
Contract
Product Subtotal: $18,592.75
Project DesignerAccount Executive: Gunja KogjeJared Ellis Page: 6 Job Captain Sophia McCarthy 431
CITY OF MURRIETA
City Council Meeting Agenda
Report
9/17/2024
Agenda Item No. 10.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Anthony Conrad, Police Chief
PREPARED BY: Spencer Parker, Lieutenant - Police
SUBJECT:
Approve Agreements with High Density Inc. and Busy Bee Electric for the Murrieta Police Department Locker Room Remodel, CIP No. 21041
RECOMMENDATION
Approve the agreements with High Density Inc. and Busy Bee Electrical for the remodeling of the locker rooms at the Murrieta Police Department; and
Authorize the City Manager to approve purchase orders and all related documents up to an additional 15% contingency above each contract’s not-to-exceed Contract Sum, if needed.
PRIOR ACTION/VOTE
On June 4, 2024, the City Council adopted Joint Resolution No. 24-4745, approving the Fiscal Year 2024/25 Capital Improvement Plan (CIP) budget and approving the Fiscal Years 2024/25 to 2028/29 Capital Improvement Plan (Vote: 5-0).
CITY COUNCIL GOAL
Plan, program and create infrastructure development.
BACKGROUND
The Murrieta Police Station was built in 2002 and featured a men’slocker room comprised of 80 24”wide by 24” deep by 72” high metal lockers and a women’slocker room that contained 15 lockers with the same dimensions. In 2019, with the significant expansion of the department’sworkforce from 35 officers and 20 professional staff members to 93 officers and 44 support staff personnel, a locker room renovation was authorized and completed, which increased the number of lockers to 96 in the men’slocker room and 23 in the women’s locker room.
Currently, the Murrieta Police Department has an authorized staffing level of 114 sworn officers. Considering the organization’sfuture hiring forecast based on anticipated population growth of the City and the steady increase of police dispatchers and professional staff members, the Department’sworkforce is anticipated to surpass 180 employees. This growth level necessitates installing additional lockers and requires a comprehensive plan to fit new lockers into the existing locker room footprint.
To address this challenge, the police department has formulated a plan to increase the number of lockers by CITY OF MURRIETA Printed on 9/12/2024Page 1 of 2
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9/17/2024
Agenda Item No. 10.
To address this challenge, the police department has formulated a plan to increase the number of lockers by 33%, with the proposed installation of 18”wide x 18”deep x 72”high lockers. The installation will result in a net increase of 29 additional lockers in the men’s locker room and 11 in the women’s locker room.
To execute the remodeling project, the Police Department has identified the construction company High Density Inc., (HDI) and received a quote for $139,575.06 (Attachment 1).
The City’s purchasing policy allows for procuring goods and services through cooperative purchasing agreements per Murrieta Municipal Code Section 3.08.295, which states the City “may buy directly from a vendor at a price established by another public agency when the other public agency has made its purchase in a competitive manner.”Per that provision, staff is proposing to contract with HDI through the California Multiple Award Schedule (CMAS) agreement # 4-23-08-1049 (valid through August 21, 2027) (Attachment 3), and HDI will match the pricing. The total not-to-exceed contract amount is $139,575.06.
This project will also require the contract services of an electrician to remove and replace the power outlets inside each newly remodeled locker. In accordance with the City’sProcurement Policy, staff received four quotes from vendors and chose the least expensive one, which is Busy Bee Electric. The cost for these electrical services is $14,999.48 with Busy Bee Electric (Attachment 4). The total not-to-exceed contract amount is $14,999.48.
The City Council recognized the need for additional lockers and dedicated a CIP project appropriating $200,000 for the improvements.
FISCAL IMPACT
CIP No. 21041 has adequate funding to cover the costs of both proposed agreements and the 15% contingency.
ATTACHMENTS
1. Quote from High Density Inc. (HDI)
2. Agreement between City of Murrieta and HDI
3. CMAS Agreement # 4-23-08-1049 with HDI
4. Quote from Busy Bee Electric
5. Agreement between City of Murrieta and Busy Bee Electric CITY OF MURRIETA Printed on 9/12/2024Page 2 of 2
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AGREEMENT FOR GENERAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)
Project Name/Description (“Project”):Murrieta Police Department Locker Room, CIP# 21041 Contract Number:Click or tap here to enter text.
Contractor Name (“Contractor”):High Density Inc.
Contractor Business Type:Corporation
Contractor Address:375 Redondo Ave, Long Beach, CA 90803 Contractor Representative Name and Title (“Contractor Representative”):Bob Lewis, Owner & Operator
Contractor Representative Work Phone and Email:562-412-0660, [email protected] Termination Date:June 30, 2025
Total Not -To-Exceed Contract Amount (“ Contract Sum ”):$139,575.06 + 15% contingency ($20,936.26) = $160,511.32
City Department Contact (“Department Contact”):Lieutenant Spencer Parker Department Contact Work Phone and Email:951-461-6364, [email protected] Is Federal Funding Being Used to Fund Any Part of The Project (Yes/No):No
436
RECITALS
The City desires to contract with a Contractor to provide services as more further set forth herein.
Contractor submitted a quote or proposal to City to provide the above-described services.
City Staff has reviewed all the proposals and after considering the demonstrated competence of Contractor, the qualifications of Contractor, and the fairness and reasonableness of Contractor’s proposed cost, staff has determined that an agreement to provide the required services should be awarded to Contractor.
Contractor has agreed to provide pricing based on current contract terms in CMAS Contract# 4-23-08-1049.
437
AGREEMENT FOR GENERAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)
THIS AGREEMENT FOR SERVICES (“ Agreement”) is made and entered into and effective on the date executed by the City by and between CITY OF MURRIETA, a California municipal corporation (“ City”) and (“ Contractor”). City and Contractor may be referred to individually as “Party” or collectively as “Parties.” In consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide those services specified in the “ Scope of Services ” attached hereto as Exhibit A and incorporated herein by this reference, which may be referred to herein as the “ services” or “ work” hereunder. As a material inducement to City entering into this Agreement, Contractor represents and warrants: a) it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement b) all services set forth in the Scope of Services will be performed in a competent and satisfactory manner; c) all materials used for services will be both of good quality as well as fit for the purpose intended; and, d) Contractor shall follow the highest professional standards and practices in performing the services required hereunder.
1.2 Contractor’s Proposal. The Scope of Services shall include the scope of services or work included in Contractor’s proposal or bid, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal or bid, and this Agreement, the terms of this Agreement shall govern. No other terms and conditions from Contractor’s proposal or bid, other than description of scope of services or work, shall apply to this Agreement, unless specifically agreed to by City in writing.
1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of City and any federal, State or local governmental agency having jurisdiction in effect at the time services are rendered. City, and its officers, employees and agents, shall not be liable at law or in equity for failure of Contractor to comply with this Section.
1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
438
1.5 Familiarity with Work. By executing this Agreement, Contractor represents and warrants Contractor: a) has thoroughly investigated and considered services to be performed, b) has carefully considered how services should be performed, and c) fully understands the facilities, difficulties and restrictions attending performance of services under this Agreement.
1.6 Software and Computer Services. If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Contractor represents and warrants that it is familiar with and/or has inspected City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Contractor under this Agreement is compatible, and shall be fully functional, with such infrastruc ture, equipment, computer system and software of City. Contractor acknowledges that City is relying on this representation by Contractor as a material consideration in entering into this Agreement.
1.7 Prevailing Wages. If services include any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, section 16000 et seq. , and if the total compensation is $1,000 or more, Contractor shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.
1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the rates specified in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference . The total compensation for all work, including reimbursement for actual expenses, shall not exceed the Contract Sum set forth above . Compensation may include reimbursement, for actual and necessary expenditures , if both are specified in the Schedule of Compensation, as well as approved by City in advance.
2.2 Invoices. Unless some other method of payment is specified in Exhibit C, Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first business day of such month, Contractor shall submit to City, in a form approved by City’s Finance Director, an invoice for services rendered prior to the date of the invoice. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of this 439
Agreement. Except as provided in Section s 7.3, 7.4 and 7.5, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and City will use its best efforts to make payment no later than forty -five (45) days, from the submission of an invoice in an approved form. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by City for any invoice provided by Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law. Each invoice is to include (unless otherwise specified by City) : 1) line items for all personnel describing the work performed, the number of hours worked, and the hourly rate; 2) line items for all materials and equipment properly charged to the Services; 3) line items for all other approved reimbursable expenses claimed, with supporting documentation ; and 4) l ine items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
ARTICLE 3. PERFORMANCE SCHEDULE
3.0 Time of Essence. Time is of the essence in the performance of this Agreement.
3.1 Term. The Agreement shall commence upon the Effective Date set forth above and will continue until the Termination Date. This Agreement may be extended for up to two, additional one -year periods upon the mutual agreement in writing of both parties.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of any ongoing services, which shall be no later than the Termination Date set forth above.
Notwithstanding the foregoing, the Indemnification and Insurance provisions set forth in Article 5 shall survive the termination of this Agreement.
3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed from City and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit D and incorporated herein by this reference.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify City in writing of the causes of the delay. City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of City such delay is justified. City’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be 440
entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.
ARTICLE 4. COORDINATION OF WORK
4.1 Representative of Contractor. The Contractor Representative is authorized to act on Contractor’s behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for C ity to enter into this Agreement. Therefore, the representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
4.2 Department Contact for City . The Department Contact (or other person designated by the City Manager) shall be the primary person on behalf of City responsible for the administration of the Agreement. It shall be Contractor’s responsibility to assure that the Department Contact is kept informed of both the progress of the performance of the services as well as any decisions which must be made by City.
4.3 Approvals from City. City approvals or actions, pursuant to the authority of this Agreement, are to be made (unless otherwise specified) either by the Contract Manager, City Manager or by their delegate as provided for in writing.
4.4 Independent Co ntractor. Neither City , nor any of its officers, employees or agents, shall have any control over the manner or means by which Contractor, or its officers, employees, agents or subcontractors , perform the services required herein, except as otherwise set forth herein. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it, or any of its officers, employees, agents or subcontractors, are officers, employees or agents of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Contractor represents and warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Contractor’s exclusive control and direction.
No City employee benefits shall be available to Contractor, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement.
City shall not be liable for compensation or indemnification to Contractor, its 441
officers, employees, agents or subcontractors, for injury or sickness arising out of performing services hereunder.
4.5 Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, without express written approval of City, Contractor shall not contract with any other entity to perform in whole or in part services required hereunder without express written approval of City , and n either this Agreement nor any interest herein may be transferred or assigned. No approved transfer shall release Contractor, or any surety or insured of Contractor, of any liability hereunder without express written consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. Prior to commencement of any services under this Agreement, and without limiting Contractor’s indemnification obligation to City, Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies of insurance of the type and amounts set forth in the “Insurance Requirements” attached hereto as Exhibit E and incorporated herein by this reference.
5.2 Indemnification.
(a) General Obligations. Contractor agrees, to the full extent permitted by law, to indemnify, defend and hold harmless City and its elected and appointed officers, employees and agents (each an “ Indemnitee” and collectively, “ Indemnitees”) against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “ Claims or Liabilities”) that may be asserted or claimed by any person, firm or City arising out of or in connection with the performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or City for which Contractor is legally liable (each an “Indemnitor” and collectively, “Indemnitors”), and in connection therewith: 1) Contractor will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitee(s) will reimburse and pay for all costs and expenses, including legal costs and attorneys’ fees, incurred by Indemnitee(s) in connection therewith; and, 2) Contractor will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities, and will save and hold Indemnitee(s) harmless therefrom.
Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Contractor and shall survive termination of this Agreement.
Contractor shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Contractor fails to do so Contractor shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City 442
Parties (collectively “City” for solely this Section 5. 2(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof.
Payment of invoices by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Contractor and City, as to whether liability arises from the sole negligence or willful misconduct of City, Contractor will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating City as solely negligent or responsible for willful misconduct. Contractor will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.
ARTICLE 6. RECORDS, REPORTS AND RELEASE OF INFORMATION
6.1 Records. Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (“books and records ”) as shall be necessary to perform the services required by this Agreement and enable City to evaluate the performance of such services. Any and all such books and records shall be maintained in accordance with generally accepted accounting principles, shall be complete and detailed, and shall be readily accessible . City shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts. Such books and records shall be maintained for a period of three (3) years following completion of the services hereunder. City shall have access to such books and records in the event any audit is required. Contractor shall fully cooperate with City in providing access to any and all Contractor records and documents if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (“ documents and materials ”) prepared by Contractor, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership , use, reuse, or assignment of the documents and materials hereunder. Contractor may retain copies of such documents and materials for its own use. Contractor shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Contractor fails to secure such as signment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, with respect to any Contractor documents and 443
materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for City.
6.3 Confidentiality and Release of Information. All information gained or work product produced by Contractor in its performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from City. Contractor, its officers, employees, agents or subcontractors, shall not, without prior wri tten authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor immediately gives City notice of such court order or subpoena. If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. As concerning, r egarding or related to, in any way, this Agreement and the work performed thereunder: a) Contractor shall immediately notify City should Contractor, its officer s, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party ; b) City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding; and, c) Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery r equests provided by Contractor, however, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Riverside, State of California.
7.2 Suspension, or Termination, Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in Section
7.4 for termination for cause. City reserves the right to terminate or suspend this Agreement, or any portion hereof, at any time, for any reason, with or without cause, upon ten (10) days’ notice to Contractor, except that where termination or 444
suspension is due to the fault of Contractor, the period of notice may be such shorter time as determined by City. Upon receipt of any notice of termination or suspension, Contractor shall immediately cease all services hereunder , unless the notice provides otherwise, or except such as specifically approved by City. Upon submittal of an invoice consistent with Section 2. 2, Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination or suspe nsion and for any services authorized by City thereafter in accordance with the Schedule of Compensation, or such a s may be approved by City, except as provided in Section 7.5. In event of termination , or suspension, without cause pursuant to this Section, there is no need to provide opportunity to cure pursuant to Section 7.3.
7.3 Default of Contractor and Opportunity to Cure. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively t en (10) days, but may be extended, or reduced, if circumstances warrant, as determined by City. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices , without liability for interest. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default by conclusion of noticed timeframe , City may immediately both terminate this Agreement with notice to Contractor as well as pursue the remedy in Section 7.4, without prejudice to any other rem edy to which City may be entitled at law, in equity or under this Agreement . Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.
7.4 Termination for Default of Contractor. If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.3, take over the work and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such dama ges), and City may withhold any payments to Contractor for the purpose of set-off or partial payment of the amounts owed City therefor.
7.5 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i ) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any 445
indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.6 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting Party on any default shall im pair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement of this Agreement imposes no additional obligations on City nor does it waive any rights hereunder. Payment to Contractor for work perfor med pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
7.7 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.8 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to Government Code sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.9 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether lega l or equitable, shall be entitled to reasonable attorneys ’ fees. Attorneys’ fees shall include attorneys ’ fees on any appeal, and a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for invest igating such action, Contractors’ fees, taking depositions and discovery and all other necessary costs the court allows which are incurred in such 446
litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees. No officer or employee of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of City. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Contractor written notice describing the conflict. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, s ex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices. Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, in the case of 447
City addressed to City Clerk at City of Murrieta, 1 Town Square, Murrieta California 92562, and in the case of Contractor, to the person(s) at the address designated on the cover page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement , headings used, or any other rule of construction which might otherwise apply.
9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties as to the Agreement . It is understood that there are no oral agreements between the Parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all prior and contemporaneous negotiations, arrangements, agreements and understandings, if any, between the Parties, concerning this Agreement, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and by City.
9.5 Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 No Undue Influence. Contractor declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City has or will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the awar d of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to remedies in Section 7.4 and any and all remedies at law or equity.
9.7 Corporate Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, 448
(iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
9.8 Federal Funding. If federal funding is being utilized to fund any part of the Project, as indicated on the Cover Page of this Agreement, the terms of Exhibit F are hereby incorporated herein by this reference. If no federal funding is being utilized, Exhibit F may be omitted.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF MURRIETA, a California municipal
corporation
By:
Choose an item.
ATTEST: Date:
Cristal McDonald, City Clerk
Date:
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Tiffany Israel, City Attorney
Date:
CONTRACTOR:
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chair person of the Board,
President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any
Assistant Treasurer. (Cal. Corp. Code § 313.) Appropriate attestations shall be included as may be required by the bylaws, articles of incorporation or other rules or
regulations applicable to Contractor’s business City.
By:
Name: Click or tap here to enter text.
Title: Click or tap here to enter text.
Date:
By:
Name:Click or tap here to enter text.
Title:Click or tap here to enter text.
Date:
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EXHIBIT "A"
SCOPE OF SERVICES
I. Contractor will perform the following Services:
Remove existing lockers at police station and replace and install n ew lockers as set forth in the pricing quotation atatched as exhibit C-1
II. In addition to any other requirements of this Agreement, during performance of the Services, Contractor will keep the City appraised of the status of performance by delivering the following status reports:
N/A
III. All work product is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.
IV. Contractor will utilize the following personnel to accomplish the Services:
N/A
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EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Click or tap here to enter text.
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
II. The total compensation for all Services shall not exceed the Contract Sum as provided in the Cover Page of this Agreement.
III. Contractor’s billing rates for any Services are attached as Exhibit C-1. In connection with the services provided pursuant to the terms of this Agreement, City will pay Contractor upon City’s receipt of a written invoice provided by Contractor no more than monthly. City will pay Contractor for hourly work completed, billed in increments of six minutes (0.1 hours), not to exceed the Contract Sum. The City will reimburse the Contractor for reasonable out -of-pocket expenses related to performing services on behalf of the Client that are approved in advance in writing by the City such as mileage, copies, binding costs, postage, parking, travel, and lodging expenses as part of the not to exceed Contract Sum. To receive reimbursements, the Contractor must provide the City with a receipt and a description of the expense incurred along with the invoice.
No mark up on expenses may be added.
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EXHIBIT C-1
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EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Contractor shall perform Services as set forth in Exhibit A.
II. Contractor shall deliver the following tangible work products to the City by the following dates.
All work competed by June 30, 2025.
III. The Department Contact may approve extensions for performance of the Services in accordance with Section 3.2.
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EXHIBIT E
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Contractor provides written verification it has no employees)
5. Cyber: Vendor/Contractor shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. Vendor shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to los s, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.
Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of 457
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privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non -contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non -contributory, additional insured, Self -Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
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Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess liability policies, may not be subje ct to a self -insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. Th e policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s 459
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obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained , and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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EXHIBIT F
FEDERAL REQUIREMENTS
(Only applicable if required on cover page of agreement) 461
ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?
INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :
POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #
COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
8/7/2024
License # 0C77485(949) 756-5730(949) 756-574024082High Density, Inc.375 Redondo Ave.PO Box 472Long Beach, CA 9081424066 A 1,000,000XXBLS (25) 61 01 76 132/19/20242/19/2025500,00015,0001,000,0002,000,0002,000,0001,000,000A BAS (25) 61 01 76 132/19/20242/19/20251,000,000B XXESA (25) 61 01 76 132/19/20242/19/20251,000,000A XWS (25) 61 01 76 132/19/20242/19/20251,000,0001,000,0001,000,000 Project: Murrieta Police Department Locker Room Renovation Project CITY OF MURRIETA, a California municipal corporation1 Town SquareMurrieta, CA 92562 HIGHDEN-01SR6911
Spectrum Risk Management & Insurance Services, LLC74 DiscoveryIrvine, CA [email protected] Security Insurance CoAmerican Fire and Casualty Co X X
X XX X
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COMMERCIAL GENERAL LIABILITY
CG 88 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY EXTENSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
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INDEX
SUBJECT PAGE
NON-OWNED AIRCRAFT 2
NON-OWNED WATERCRAFT 2
PROPERTY DAMAGE LIABILITY - ELEVATORS 2
EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3
EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6
WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7
FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7
KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7
LIBERALIZATION CLAUSE 7
BODILY INJURY REDEFINED 7
EXTENDED PROPERTY DAMAGE 8
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8
WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU
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With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.
A. NON-OWNED AIRCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided:
1. It is not owned by any insured;
2. It is hired, chartered or loaned with a trained paid crew;
3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and
4. It is not being used to carry persons or property for a charge.
However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision.
B. NON-OWNED WATERCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following:
This exclusion does not apply to:
(2) A watercraft you do not own that is:
(a) Less than 52 feet long; and
(b) Not being used to carry persons or property for a charge.
C. PROPERTY DAMAGE LIABILITY - ELEVATORS
1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations.
2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance:
The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis.
D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part:
1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability:
a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing:
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to:
(i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days.
Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance.
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Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance.
2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following:
6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to:
a. Any one premise:
(1) While rented to you; or
(2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or
b. Contents that you rent or lease as part of a premises rental or lease agreement.
3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following:
9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract".
E. MEDICAL PAYMENTS EXTENSION
If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows:
Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following:
(b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B
1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following:
b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.
2. Paragraph 1.d. is replaced by the following:
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work.
G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT
1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by:
a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or
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d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions:
(1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard".
(3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or
(b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance.
However:
1. The insurance afforded to such additional insured only applies to the extent permitted by law; and
2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.
With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when:
(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends.
With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor.
The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage".
We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions.
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2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2.
Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability:
This insurance does not apply to:
a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services.
d. "Bodily injury" or "property damage" occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy.
3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance:
If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the contract or agreement; or
b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy.
Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows:
a. The following is added to Paragraph a. Primary Insurance:
If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover.
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When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured.
Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies.
I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy.
1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit:
An additional insured under this endorsement will as soon as practicable:
a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us;
b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and
c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part.
d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured.
2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy.
J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE
WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following:
(1) "Bodily injury" or "personal and advertising injury":
(a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above;
(c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply.
Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and 468
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The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee".
K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES
Paragraph 3. of Section II - Who Is An Insured is replaced by the following:
3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However:
a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you;
b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and
c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured.
No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision.
L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations:
Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional.
M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit:
Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph
1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee".
N. LIBERALIZATION CLAUSE
If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state.
O. BODILY INJURY REDEFINED
Under Section V - Definitions, Definition 3. is replaced by the following:
3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease.
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P. EXTENDED PROPERTY DAMAGE
Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property.
Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A
CONTRACT OR AGREEMENT WITH YOU
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us:
We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided:
1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and
2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment.
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Proposal
Date
8/8/2024
Estimate #
14938
Name / Address
City Of Murrieta
Police Department
1 Town Square
24601 Jefferson Avenue
Murrieta, CA 92562
28039 Scott Rd. ste D #297
Murrieta CA 92563
License # 816469
P.O.
Locker Room Power
Terms
Net 15
Tax Included on all Material
Signature
Phone #
951-674-9559
Fax #
951-271-9020
Total
Item Description Cost Material Total
Service Disconnect Existing Power to Men's and Women's Room Lockers and Remove Existing Boxes in Existing Lockers to be Re-used in New Lockers Connect Existing Power and Install One Duplex Outlet on top Shelf in all of the159 New Lockers In the Men's and Women's Locker Rooms 10,449.48 10,449.48
Material 159 Outlets
Boxes
EMT
Wire
12-2Mc
Misc Parts
0.00 4,550.00 4,550.00
_____________________________________
$14,999.48
494
AGREEMENT FOR GENERAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)
Project Name/Description (“Project”):Murrieta Police Department Locker Room, CIP# 21041 Contract Number:Click or tap here to enter text.
Contractor Name (“Contractor”): Busy Bee Electric
Contractor Business Type:Corporation
Contractor Address:28039 Scott Rd. ste D #297, Murrieta, CA 92563 Contractor Representative Name and Title (“Contractor Representative”):Jacob Bee, Partner Contractor Representative Work Phone and Email:951-674-9559, ext. 2, [email protected] Termination Date:June 30, 2025
Total Not-To-Exceed Contract Amount (“Contract Sum”):$14,999.48 City Department Contact (“Department Contact”):Lieutenant Spencer Parker Department Contact Work Phone and Email:951-461-6364, [email protected] Is Federal Funding Being Used to Fund Any Part of The Project (Yes/No):No
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RECITALS
The City desires to contract with a Contractor to provide services as more further set forth herein.
Contractor submitted a quote or proposal to City to provide the above-described services.
City Staff has reviewed all the proposals and after considering the demonstrated competence of Contractor, the qualifications of Contractor, and the fairness and reasonableness of Contractor’s proposed cost, staff has determined that an agreement to provide the required services should be awarded to Contractor.
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AGREEMENT FOR GENERAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)
THIS AGREEMENT FOR SERVICES (“ Agreement”) is made and entered into and effective on the date executed by the City by and between CITY OF MURRIETA, a California municipal corporation (“ City”) and (“ Contractor”). City and Contractor may be referred to individually as “Party” or collectively as “Parties.” In consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide those services specified in the “ Scope of Services ” attached hereto as Exhibit A and incorporated herein by this reference, which may be referred to herein as the “ services” or “ work” hereunder. As a material inducement to City entering into this Agreement, Contractor represents and warrants: a) it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement b) all services set forth in the Scope of Services will be performed in a competent and satisfactory manner; c) all materials used for services will be both of good quality as well as fit for the purpose intended; and, d) Contractor shall follow the highest professional standards and practices in performing the services required hereunder.
1.2 Contractor’s Proposal. The Scope of Services shall include the scope of services or work included in Contractor’s proposal or bid, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal or bid, and this Agreement, the terms of this Agreement shall govern. No other terms and conditions from Contractor’s proposal or bid, other than description of scope of services or work, shall apply to this Agreement, unless specifically agreed to by City in writing.
1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of City and any federal, State or local governmental agency having jurisdiction in effect at the time services are rendered. City, and its officers, employees and agents, shall not be liable at law or in equity for failure of Contractor to comply with this Section.
1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
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1.5 Familiarity with Work. By executing this Agreement, Contractor represents and warrants Contractor: a) has thoroughly investigated and considered services to be performed, b) has carefully considered how services should be performed, and c) fully understands the facilities, difficulties and restr ictions attending performance of services under this Agreement.
1.6 Software and Computer Services. If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Contractor represents and wa rrants that it is familiar with and/or has inspected City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Contractor under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of City. Contractor acknowledges that City is relying on this representation by Contractor as a material consideration in entering into this Agreement.
1.7 Prevailing Wages. If services include any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, section 16000 et seq. , and if the total compensation is $1,000 or more, Contractor shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.
1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the rates specified in the “Schedule of Compensation” attac hed hereto as Exhibit C and incorporated herein by this reference . The total compensation for all work, including reimbursement for actual expenses, shall not exceed the Contract Sum set forth above . Compensation may include reimbursement, for actual and n ecessary expenditures, if both are specified in the Schedule of Compensation, as well as approved by City in advance.
2.2 Invoices. Unless some other method of payment is specified in Exhibit C, Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first business day of such month, Contractor shall submit to City, in a form approved by City’s Finance Director, an invoice for services rendered prior to the date of the invoice. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of this 498
Agreement. Except as provided in Section s 7.3, 7.4 and 7.5, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and City will use its best efforts to make payment no later than forty -five (45) days, from the submission of an invoice in an approved form. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by City for any invoice provided by Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law. Each invoice is to include (unless otherwise specified by City) : 1) line items for all personnel describing the work performed, the number of hours worked, and the hourly rate; 2) line items for all materials and equipment properly charged to the Services; 3) line items for all other approved reimbursable expenses claimed, with supporting documentation ; and 4) l ine items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
ARTICLE 3. PERFORMANCE SCHEDULE
3.0 Time of Essence. Time is of the essence in the performance of this Agreement.
3.1 Term. The Agreement shall commence upon the Effective Date set forth above and will continue until the Termination Date. This Agreement may be extended for up to two, additional one-year periods upon the mutual agreement in writing of both parties.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of any ongoing services, which shall be no later than the Termination Date set forth above.
Notwithstanding the foregoing, the Indemnification and Insurance provisions set forth in Article 5 shall survive the termination of this Agreement.
3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed from City and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit D and incorporated herein by this reference.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify City in writing of the causes of the delay. City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of City such delay is justified. City’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be 499
entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.
ARTICLE 4. COORDINATION OF WORK
4.1 Representative of Contractor. The Contractor Representative is authorized to act on Contractor’s behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for C ity to enter into this Agreement. Therefore, the representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
4.2 Department Contact for City . The Department Contact (or other person designated by the City Manager) shall be the primary person on behalf of City responsible for the administration of the Agreement. It shall be Contractor’s responsibility to assure that the Department Contact is kept informed of both the progress of the performance of the services as well as any decisions which must be made by City.
4.3 Approvals from City. City approvals or actions, pursuant to the authority of this Agreement, are to be made (unless otherwise specified) either by the Contract Manager, City Manager or by their delegate as provided for in writing.
4.4 Independent Co ntractor. Neither City , nor any of its officers, employees or agents, shall have any control over the manner or means by which Contractor, or its officers, employees, agents or subcontractors , perform th e services required herein, except as otherwise set forth herein. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it, or any of its officers, employees, agents or subcontractors, are officers, employees or agents of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Contractor represents a nd warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Contractor’s exclusive control and direction.
No City employee benefits shall be available to Contractor, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement.
City shall not be liable for compensation or indemnification to Contractor, its 500
officers, employees, agents or subcontractors, for injury or sickness arising out of performing services hereunder.
4.5 Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, without express written approval o f City, Contractor shall not contract with any other entity to perform in whole or in part services required hereunder without express written approval of City , and n either this Agreement nor any interest herein may be transferred or assigned. No approved transfer shall release Contractor, or any surety or insured of Contractor, of any liability hereunder without express written consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. Prior to commencement of any services under this Agreement, and without limiting Contractor’s indemnification obligation to City, Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies of insurance of the type and amounts set forth in the “Insurance Requirements” attached hereto as Exhibit E and incorporated herein by this reference.
5.2 Indemnification.
(a) General Obligations. Contractor agrees, to the full extent permitted by law, to indemnify, defend and hold harmless City and its elected and appointed officers, employees and agents (each an “ Indemnitee” and collectively, “ Indemnitees”) against, and will hold and save them and each of them harmless from , whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “ Claims or Liabilities ”) that may be asserted or claimed by any person, firm or City arising out of or in connection with the performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or City for which Contractor is legally liable (each an “Indemnitor” and collectively, “Indemnitors”), and in connection therewith: 1) Contractor will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitee(s) will reimburse and pay for all costs and expenses, including legal costs and attorneys’ fees, incurred by Indemnitee(s) in connection therewith; and, 2) Contractor will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities, and will save and hold Indemnitee(s) harmless therefrom.
Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heir s of Contractor and shall survive termination of this Agreement.
Contractor shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Contractor fails to do so Contractor shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City 501
Parties (collectively “City” for solely this Section 5. 2(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof.
Payment of invoices by City is not a conditio n precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Contractor and City, as to whether liability arises from the sole negligence or willful misconduct of City, Contractor will be obligated to pay for City’s de fense until such time as a final judgment has been entered adjudicating City as solely negligent or responsible for willful misconduct. Contractor will not be entitled in the absence of such a determination to any reimbursement of defense costs including b ut not limited to attorney’s fees, expert fees and costs of litigation.
ARTICLE 6. RECORDS, REPORTS AND RELEASE OF INFORMATION
6.1 Records. Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, re ports, studies or other documents relating to the disbursements charged to City and services performed hereunder (“books and records ”) as shall be necessary to perform the services required by this Agreement and enable City to evaluate the performance of s uch services. Any and all such books and records shall be maintained in accordance with generally accepted accounting principles, shall be complete and detailed, and shall be readily accessible . City shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts. Such books and records shall be maintained for a period of three (3) years following completion of the services hereunder. City shall have access to such books and records in the event any audit is required. Contractor shall fully cooperate with City in providing access to any and all Contractor records and documents if a public records request is made and disclosure is requir ed by law including but not limited to the California Public Records Act.
6.2 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (“ documents and materials ”) prepared by Contractor, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership , use, reuse, or assignment of the documents and materials hereunder. Contractor may retain co pies of such documents and materials for its own use. Contractor shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, with respect to any Contractor documents and 502
materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for City.
6.3 Confidentiality and Release of Information. All information gained or work product produced by Contractor in its performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from City. Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories o r other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor immediately gives City notice of such court order or subpoena. If Contractor, or any offic er, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. As concerning, r egarding or related to, in any way, this Agreement and the work performed thereunder: a) Contractor shall immediately notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party ; b) City retains the right, bu t has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding; and, c) Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provid ed by Contractor, however, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Su perior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Riverside, State of California.
7.2 Suspension, or Termination, Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in Section
7.4 for termination for cause. City reserves the right to terminate or suspend this Agreement, or any portion hereof, at any time, for any reason, with or without cause, upon ten (10) days’ notice to Contractor, except that where termination or 503
suspension is due to the fault of Contractor, the period of notice may be such shorter time as determined by City. Upon receipt of any notice of termination or suspension, Contractor shall immediately cease all services hereunder , unless the notice provides otherwise, or except such as specifically approved by City. Upon submittal of an invoice consistent with Section 2. 2, Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination or suspension and for any services authorized by City thereafter in accordance with the Schedule of Compensation, or such a s may be approved by City, except as provided in Section 7.5. In event of termination , or suspension, without cause pursuant to this Section, there is no need to provide opportunity to cure pursuant to Section 7.3.
7.3 Default of Contractor and Opportunity to Cure. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively t en (10) days, but may be extended, or reduced, if circumstances warrant, as determined by City. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices , without liability for interest. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default by conclusion of noticed timeframe , City may immediately both terminate this Agreement with notice to Contractor as well as pursue the remedy in Section 7.4, without prejudice to any other rem edy to which City may be entitled at law, in equity or under this Agreement . Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.
7.4 Termination for Default of Contractor. If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.3, take over the work and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contractor for the purpose of set-off or partial payment of the amounts owed City therefor.
7.5 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) a ll amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or vali dity of which is disputed by Contractor, or any 504
indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.6 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provis ion or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement of this Agreement imposes no additional obligations on City nor does it waive any rights hereunder. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
7.7 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.8 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to rec over damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to Government Code sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.9 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether lega l or equitable, shall be entitled to reasonable attorneys ’ fees. Attorneys’ fees shall include attorneys ’ fees on any appeal, and a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, Contractors’ fees, taking depositions and discovery and all other necessary costs the court allows which are incurred in such 505
litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees. No officer or employee of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due t o Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectl y, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of City. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Contractor written notice describing the conflict. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices. Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, in the case of 506
City addressed to City Clerk at City of Murrieta, 1 Town Square, Murrieta California 92562, and in the case of Contractor, to the person(s) at the address designated on the cover page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be const rued for or against either Party by reason of the authorship of this Agreement , headings used, or any other rule of construction which might otherwise apply.
9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties as to the Agreement . It is understood that there are no oral agreements between the Parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all prior and contemporaneous negotiations, arrangements, agreements and understandings, if any, between the Parties, concerning this Agreement, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and by City.
9.5 Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the rema ining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their barg ain or renders this Agreement meaningless.
9.6 No Undue Influence. Contractor declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City has or will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to remedies in Section 7.4 and any and all remedies at law or equity.
9.7 Corporate Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, 507
(iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) entering into thi s Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
9.8 Federal Funding. If federal funding is being utilized to fund any part of the Project, as indicated on the Cover Page of this Agreement, the terms of Exhibit F are hereby incorporated herein by this reference. If no federal funding is being utilized, Exhibit F may be omitted.
[SIGNATURES ON FOLLOWING PAGE]
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01375.0010/1011787.1 -14-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF MURRIETA, a California municipal
corporation
By:
Choose an item.
ATTEST: Date:
Cristal McDonald, City Clerk
Date:
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Tiffany Israel, City Attorney
Date:
CONTRACTOR:
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chair person of the Board,
President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any
Assistant Treasurer. (Cal. Corp. Code § 313.) Appropriate attestations shall be included as may be required by the bylaws, articles of incorporation or other rules or
regulations applicable to Contractor’s business City.
By:
Name: Click or tap here to enter text.
Title: Click or tap here to enter text.
Date:
By:
Name:Click or tap here to enter text.
Title:Click or tap here to enter text.
Date:
509
01375.0010/1011787.1
EXHIBIT "A"
SCOPE OF SERVICES
I. Contractor will perform the following Services:
Disconnect Existing Power to Men's and Women's Room Lockers and Remove Existing Boxes in Existing Lockers to be Re-used in New Lockers. Connect Existing Power and Install One Duplex Outlet on top Shelf in all of the 159 New Lockers In the Men's and Women's Locker Rooms as set forth in the pricing quotation atatched as exhibit C-1
II. In addition to any other requirements of this Agreement, during performance of the Services, Contractor will keep the City appraised of th e status of performance by delivering the following status reports:
N/A
III. All work product is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.
IV. Contractor will utilize the following personnel to accomplish the Services:
N/A
510
01375.0010/1011787.1 145610
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Click or tap here to enter text.
511
01375.0010/1011787.1 145610
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include
A. Line items for all personnel describing the work performed, the nu mber of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
II. The total compensation for all Services shall not exceed the Contract Sum as provided in the Cover Page of this Agreement.
III. Contractor’s billing rates for any Services are attached as Exhibit C-1. In connection with the services provided pursuant to the terms of this Agreement, City will pay Contractor upon City’s receipt of a written invoice provided by Contractor no more than monthly. City will pay Contractor for hourly work completed, billed in increments of six minutes (0.1 hours), not to exceed the Contract Sum. The City will reimburse the Contractor for reasonable out -of-pocket expenses related to performing services on behalf of the Client that are approved in advance in writing by the City such as mileage, copies, binding costs, postage, parking, travel, and lodging expenses as part of the not to exceed Contract Sum. To receive reimbursements, the Contractor must provide the City with a receipt and a description of the expense incurred along with the invoice.
No mark up on expenses may be added.
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EXHIBIT C-1
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EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Contractor shall perform Services as set forth in Exhibit A.
II. Contractor shall deliver the following tangible work products to the City by the following dates.
All work competed by June 30, 2025.
III. The Department Contact may approve extensions for performance of the Services in accordance with Section 3.2.
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EXHIBIT E
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed opera tions, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Contractor provides written verification it has no employees)
5. Cyber: Vendor/Contractor shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. Vendor shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to los s, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.
Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be suff iciently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social e ngineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of 515
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privacy violations, information theft, damage to or destruction of electronic information, release of private inf ormation, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability covera ge can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non -contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shal l also apply to any Excess or Umbrella liability policies.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non -contributory, additional insured, Self -Insured Retentions (SIRs), indemnity, and defense require ments. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Add itional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
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Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess liability policies, may not be subject to a self -insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage i s canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the r equired documents prior to the work beginning shall not waive the Contractor’s 517
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obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained , and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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EXHIBIT F
FEDERAL REQUIREMENTS
(Only applicable if required on cover page of agreement) 519
CITY OF MURRIETA
City Council Meeting Agenda
Report
9/17/2024
Agenda Item No. 11.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Public Works Director
PREPARED BY: Jeff Hitch, City Engineer
SUBJECT:
On-Call Engineering Plan Check Services
RECOMMENDATION
Ratify the payment approval to Michael Baker International for on-call plan check services for Fiscal Year 2023/24 in the amount of $58,841.89 from Engineering General Fund account 1106120-60600; and
Authorize the City Manager to execute any required contract amendments or related documents on behalf of the City.
PRIOR ACTION/VOTE
On June 20, 2023, the City Council authorized Agreements for miscellaneous on-call consulting services with various consulting firms, including Michael Baker International, Inc., for engineering plan check services (Vote:
4-0).
On February 20, 2024, the City Council approved a purchase order with Michael Baker International, Inc. for on-call plan check services for FY 2023/24 for an amount not to exceed $276,000 from the Engineering General Fund (Vote: 5-0).
CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.
BACKGROUND
On June 20, 2023, the City Council approved an on-call engineering plan check services Agreement with Michael Baker International, Inc. (MBI). MBI has been providing ongoing plan check services under current on- call Agreements. The plan check services include civil engineering review for land development projects seeking approval of grading permits and street improvement encroachment permits.
Two purchase orders (PO) for MBI were established in fiscal Year (FY) 2023/24. The first in the second quarter in the amount of $75,000 and approved under the signing authority of the City Manager. The second was CITY OF MURRIETA Printed on 9/12/2024Page 1 of 2
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in the amount of $75,000 and approved under the signing authority of the City Manager. The second was approved by the City Council on February 20, 2024, in the amount of $276,000. The combined POs amount to $351,000 for FY 2023/24.
One of the City’salternate plan check providers was unexpectedly unavailable for additional services as of January 2024, resulting in additional services by the remaining consultants, including MBI. These additional services resulted in the need to pay MBI an additional $58,841.89 in excess of the existing authorized purchase orders. Staff requests that the City Council ratify the payment approval of $58,841.89 for MBI’stotal FY 2023/24 payments, which total $409,841.89. Note that the final payment was made in July 2024 to maintain active services with MBI.
FISCAL IMPACT
Adequate funding for the payment exists in the FY 2023/24 Operating Budget in General Ledger Account 1106120-60600.
ATTACHMENTS
1. On-Call Agreement with Michael Baker International
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CITY OF MURRIETA
City Council Meeting Agenda
Report
9/17/2024
Agenda Item No. 12.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Chantarangsu, AICP, Development Services Director PREPARED BY: Chris Tracy, AICP Senior Planner, Advanced Planning SUBJECT:
6th Code Update (MCA-2023-00003) Revising and Updating the City’s Development and Municipal Code(s): Introduction of Ordinance No. 610-24 and Adoption of CEQA Exemption
RECOMMENDATION
Conduct a Public Hearing;
Find that said actions are exempt from the California Environmental Quality Act (CEQA) Chapter 3 of Title 14 of the California Code of Regulations beginning at Section 15000, specifically Section 15061(b)(3), because the Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment;
Conduct the first reading to introduce Ordinance No. 610-24 entitled:An Ordinance of the City Council of the City of Murrieta, California, Amending Title 16 of the Murrieta Development Code to Revise Chapters 16.18,
16.22, 16.30, 16.34, 16.38, 16.44, 16.46, 16.90, 16.98, and 16.110, and Amending Titles 1, 8, and 10 of the Murrieta Municipal Code to Revise Chapters 1.26, 8.28, and 10.44; and Direct City staff to prepare, execute, and file with the Riverside County Clerk and the State of California, Office of Planning and Research, a Notice of Exemption within five (5) working days of the adoption of this Ordinance.
PRIOR ACTION/VOTE
On June 26, 2024, the City of Murrieta Planning Commission held a duly noticed public hearing on the proposed Development Code Amendment. At the meeting, staff recommended two modifications to the draft Ordinance updating the Development Code. This included the removal of the proposed restrictions on vehicular-mounted signs that were under consideration for Section 16.60.050, Subsection D, and the removal of the proposed parameters for slaughtering and rendering activities, which were under consideration for Section 16.44.040. The Planning Commission voted to recommend to the City Council approval of the Ordinance as modified. (Vote: 4-0-1). The Planning Commission’s Resolution is Attachment 3.
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CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.
BACKGROUND
The Murrieta Municipal Code (MMC) establishes the City’sbroad regulations, covering areas such as business licensing, grading, building and safety, and code enforcement to ensure public health and safety in everyday activities. The Municipal Code includes the Murrieta Development Code (MDC), in Title 16, which governs property development and uses within the City, providing regulations on zoning, subdivisions, and related land use matters. Regular updates to both the MMC and MDC are crucial for aligning with new state regulations and addressing emerging issues that were not anticipated during the original code adoption. In recent years, the state legislature has enacted more than 1,000 new laws that impact planning, building, code enforcement, engineering, fire, transportation, and housing laws, which are covered by the General Plan, the MMC, or both.
The City also recognizes the need for code revisions to implement administrative changes, eliminate unnecessary obstacles, simplify permitting processes where feasible, encourage economic development, or address issues that may negatively impact the quality of life in the City. By regularly updating the MMC and MDC, the City aims to better respond to evolving needs, reduce legal risks, and streamline permit procedures.
This update represents the 6th Code Update to the MMC and MDC, the first since 2022. The previous set of updates, known as the 5th Code Update, took effect on May 5, 2022. The Planning Division generally proposes updates to the codes for City Council consideration approximately every 12 to 18 months, depending on the extent and volume of changes required. Standalone code amendments are introduced when there is a specific need to modify an entire chapter or section or to add new provisions, such as updates to the Hillside Ordinance or the Multi-Family Objective Design Standards. These are usually handled as separate projects.
The most recent 5th Code Update included amendments related to master-planned overlays, residential development standards, density bonus regulations, accessory dwelling units (ADUs), moving and storage container regulations, temporary use permits, and parking standards for rural residential areas.
Summary of Code Changes - Title 16:
The proposed code changes are intended to simplify the regulations, remove redundancies, clarify code sections, and streamline review processes where applicable. A summary of the more substantive changes proposed are reflected below:
· Hazardous Materials Storage
o Minor updates within Section §16.18.070 “Hazardous Materials Storage” with input from the Murrieta Fire & Rescue on proposed modifications;
o Updated terminology to include the California Fire and Building Code(s); o Updated notification protocols with underground and above-ground storage tanks. · Solid Waste/Recyclable Materials Storage
o Minor updates to Table 3-1 “Multi-Family Development Minimum Common Storage Areas Required (Sq. Ft.)” to fix an existing error with 48 square feet referenced for 16-to-25-unit multi- family projects (presently duplicated at the lower tier). This should reflect 96 square feet of area. o Renumbering two tables for consistency with a section incorporated to facilitate easierCITY OF MURRIETA Printed on 9/12/2024Page 2 of 6 powered by Legistar™
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o Renumbering two tables for consistency with a section incorporated to facilitate easier referencing.
· Prohibited Fencing Materials
o Minor updates within Section §16.22.080 “Prohibited Fencing Materials” for limiting the installation of new barbed and razor wire due to safety concerns/aesthetics with an exception for agriculture and livestock operations.
o Providing a carve-out to allow existing fencing to remain. o Identify other fencing materials/techniques are available to ensure a similar level of security.
This is a common approach in other cities.
· Construction Noise
o Adding Saturdays to the days that are regulated as it relates to construction noise under Section §16.30.130.D.A.1 “Construction Noise”. It is currently missing. · Produce, Agricultural Uses - Parking Quantities, Locations o Municipal Code lacks parking quantities for agricultural and similar uses. o Staff has received inquiries for establishing new uses at rural properties. o Produce Stands - Minimum of 3 on-site parking spaces. o Agriculture Processing - 1 per 1,500 sq. ft. of use area. o Equestrian Facilities - 1 parking space per 3 corrals plus 1 horse trailer space for every 10 corrals plus 2 parking spaces for a caretaker’s unit.
o For all three uses described above the parking areas must be set back from any public right-of- way in compliance with the underlying zone and the parking area must be kept clear to provide unobstructed visibility for motorists.
· Sign Updates
o Minor updates within Section §16.38.080 “ProhibitedSigns”addressing some typos for exposed tubing and LED light strings.
o Updates to Section §16.38.080 with table numbering and fixing an error in the section addressing multi-family identification signs.
o Add a table number to “Wall Sign Standards - Non-Residential” and “Freestanding Sign Standards Commercial and Industrial,” and add the number/title to Civic/Institutional. o Update Office and Business Park standards to include “Innovation Zone” standards.
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· Residential Accessory Structures
o Propose consistent setback criteria of five feet for gazebos, greenhouses, storage sheds, air conditioning, and pool equipment.
o Clarify criteria with Guest living quarters and removal of reference to ADUs, which are separately defined.
o Clarify that setbacks for pools apply to accessory improvements such as slides, pool grottos, and waterfalls.
o Updates to landscape screening methods for the visible portions from the public right-of-way of a respective cargo container.
o Updates to Accessory Uses and Structure table with refined setback, fire and building code criteria for gazebos, greenhouses, barbeque equipment/fire pits, addition of criteria for exterior staircases for balconies, pool slides, decks exempted from a building permit, and decks requiring a building permit which are over 18 inches in vertical height. · Accessory Dwelling Units
o Minor updates to reflect requirements of recently adopted Senate Bill 477. · Telecommunications Facilities
o Fix a minor discrepancy with the formatting and lettering of standards under Section §16.44.170.A.6 “Nonresidential Zoning District Standards”. o Incorporation of Innovation (INN) Zone.
· Auto Sales
o Per Economic Development’s request, provide minor updates to simplify the description for Vehicle Dealerships and Vehicle Storage Facilities.
o Minor vehicle storage updates to clarify that the screening is for non-vehicular storage. · Residential Wedding Facilities
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o Correction of 4.5-acre versus 5-acre inconsistency within the MDC. · Report of Commission Actions to City Council.
o Removal of Section §16.46.040.D. “Reportof Commission Actions to City Council”to reflect that these actions are reported administratively.
· Final Map Updates
o Minor updates within Section(s) §16.90.020 “Final Review Authority”, §16.90.040 “City Engineer”, and §16.98.040 “Survey Required”.
o Designates the City Engineer with the approval authority from the City Council for the processing of final maps.
o Streamlines the processing of final maps consistent with industry standards and Subdivision Map Act provisions.
· Gross Floor Area (GFA) Definition.
o Amends Section §16.110 “Definitions of Specialized Terms and Phrases”. o Adds a definition to help with project review and for consistency with the Objective Design Standards.
o As an industry standard, measurements are to be taken from the outside surfaces of exterior walls.
Summary Of Code Changes - Title 1, 8 And 10 (Municipal Code Updates) · Minor Appeal Updates
o At Code Enforcement’srequest, §1.26.070 “Appealof Administrative Citation”to reflect 30 days from the current 20-day period, consistent with what is currently implemented. · Minor Updates for Driveway Surface Parking in the ER-2 Zone o At Code Enforcement’srequest under the 5th Code Updates, portions of Section §10.44.020 needed to be brought back from an earlier update to address the parking of vehicles on private or public property. The main concern is with vehicles parking in front-yard areas on incompatible surfaces and/ or creating a hazardous condition from dismantled vehicles in front-yard areas. There was a carve-out for the surfacing requirements for Rural Residential (RR), Estate Residential 1 (ER -1), and Estate Residential 2 (ER-2) zoned properties at that time, as there could be some CITY OF MURRIETA Printed on 9/12/2024Page 5 of 6
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-1), and Estate Residential 2 (ER-2) zoned properties at that time, as there could be some implementation and cost constraints with those larger properties. After this was implemented, there was a reevaluation of this issue by City Management and Code Enforcement with the potential for not having this surfacing requirement present at some of the smaller lot-size parcels (half-acre minimum) in the ER-2 zone. The thinking here is that with a smaller minimum lot size there is the potential for creating higher visibility of this nuisance from the public right-of-way. Therefore, staff is recommending the removal of this surfacing exception in the ER-2 zone.
Please note that when this item was first noticed, it provided in draft form various “Appeal”updates throughout various chapters of the MDC and MMC for consistency across many different issue areas (e.g. Business Licenses, Bingo, Fortunetelling, Public Nuisances, Weed Abatement, etc.). After further internal discussion with input from the City Attorney, it was determined that additional input is needed from departments and divisions as there are varying legal requirements per state law on appeal periods and how we presently process appeals. As a result, updates to the appeal processes will be included in a future update.
The changes proposed in this update are intended to reconcile the various code sections and achieve consistency throughout the Development (Title 16) and Municipal Code(s) (Titles 1, 8, and 10). Furthermore, it will bring consistency with new State regulations, address new issues, and address unforeseen challenges not anticipated as part of the original code adoption.
ENVIRONMENTAL DETERMINATION
The Ordinance Amendment has been evaluated pursuant to the California Environmental Quality Act (CEQA), and it has been determined to be categorically exempt pursuant to CEQA Guidelines Section §15061(b)(3) as the activity is covered by the “commonsense”exemption and that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The minor amendments inclusive of this amendment fall within the scope of this CEQA Section and would be within the framework of the City’sexisting General Plan and Zoning parameters.
FISCAL IMPACT
None.
ATTACHMENTS
1. Proposed Ordinance No. 610-24
2. Redline Version of the Ordinance
3. Planning Commission Resolution
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ORDINANCE NO. 610-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MURRIETA, CALIFORNIA, AMENDING TITLE 16 OF THE
MURRIETA DEVELOPMENT CODE TO REVISE CHAPTERS 16.18,
16.22, 16.30, 16.34, 16.38, 16.44, 16.46, 16.90, 16.98, AND 16.110, AND AMENDING TITLES 1, 8, AND 10 OF THE MURRIETA MUNICIPAL
CODE TO REVISE CHAPTERS 1.26, 8.28, AND 10.44
Summary: This ordinance updates the City’s codes to reflect changes in state law and add new regulations for parking, construction noise, and other items.
WHEREAS, the City of Murrieta (“City”) proposes amendment s to the City’s Development Code for the purpose of revising and updating Chapters 16.18, 16.22, 16.30, 16.34,
16.38, 16.44, 16.46, 16.90, 16.98, and 16.110 (“Development Code Amendment”) as provided under Section 3; and
WHEREAS, MCA-2023-00003 includes an update and clean -up to provide consistency and eliminate errors within the chapters of the City’s Development Code as identified above; and
WHEREAS, on December 13, 2023, the City of Murrieta Planning Commission held a public workshop on the proposed Development Code Amendments; and
WHEREAS, on June 26, 2024, the City of Murrieta Planning Commission held a duly noticed public hearing on the proposed Development Code Amendments and discussed the proposed Development Code Amendments, after a staff report was presented and evidence in the record was provided to support the findings required by the Murrieta Development Code Section
16.58.080; and
WHEREAS, the Planning Commission considered and discussed the public comments and written information provided at the December 12, 2023 workshop as well as at its public hearing, and determined that the proposed Development Code Amendments are appropriate; and
WHEREAS, at the time of the public hearing staff recommended two modifications to the draft Ordinance which w ere subsequently approved by the Planning Commission. T his included the removal of proposed restrictions on vehicular-mounted signs that were under consideration for Section 16.60.050, subsection D, and the removal of the proposed parameters for slaughtering and rendering activities which were under consideration for Section 16.44.040; and WHEREAS, the City staff also proposes an amendment to the City’s Municipal Code for the purpose of revising and updating Chapters 1.26, 8.28, and 10.44 as provided under Section 4; and
WHEREAS, the City Council, after notice duly given as required by law, held a public hearing on September 3 , 2024 at 6: 00 p.m., in the City Hall council chamber to consider this 551
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proposed Ordinance No. 610-24, and heard all arguments for and against this proposal.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. FINDINGS
Based upon the substantial evidence presented to the City Council on September 17, 2024 , including written and oral staff reports and public written and oral testimony, and in accordance with Murrieta Development Code Chapter 16.58, the City Council of the City of Murrieta approves the Development Code Amendment set forth herein in accordance with the following findings pursuant to Development Code Section 16.58.080:
Findings and Recommended Approval for Development Code Amendments:
a. The proposed amendment ensures and maintains internal consistency with all of the objectives, policies, general plan land uses, programs , and actions of all elements of the general plan;
FACTS: The Development Code is the primary tool for implementing the General Plan, providing regulating standards, identification of permitted uses, and other regulations that support the proper implementation of the General Plan Land Use Element. This De velopment Code Amendment updates and amends Chapters
16.18, 16.22, 16.30, 16.34, 16.38, 16.44, 16.46, 16.90, 16.98, and 16.110 in order to provide accurate and consistent information throughout the City’s Development Code.
b. The proposed amendment would n ot be detrimental to the public convenience, health, safety or general welfare of the city;
FACTS: The proposed amendment addresses errors within the City’s Development Code, in order to provide accurate and consistent information throughout the City’s Development Code, which will maintain the public convenience, health and safety, and general welfare of the City.
c. The proposed amendment is internally consistent with other applicable provisions of the development code.
FACTS: The proposed amendment addresses errors within the City’s Development Code, in order to provide accurate and consistent information throughout the City’s Development Code specifically Chapters 16.18, 16.22, 16.30, 16.34, 16.38, 16.44, 552
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16.46, 16.90, 16.98, and 16.110 and thereby, is internally consistent. d. The proposed amendment is in compliance with the provision s of the California Environmental Quality Act (CEQA).
FACTS: The proposed Development Code Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines, as the proposed Development Code revisions would have no significant adverse effects on the environment. The changes being considered in the ordinance amendments are intended to address u pdated code enforcement processes, processing requirement s for Final Maps, updated definitions, removing minor planning processes that are no longer utilized, minor updates to parking and signage, notification updates as provided through Fire Department, as it relates to implementation at a local government level, and development code errors and inconsistencies, and streamline permit processing without undermining or minimizing CEQA review of discretionary permits.
Therefore, the Ordinance Amendments are exempt under Section 15061(b)(3).
SECTION 3. Section 16.18.070 of the Murrieta Development Code “Hazardous Materials Storage” is hereby replaced to read as follows:
“The following standards are intended to ensure that the use, handling, storage, and transportation of hazardous substances comply with all applicable state laws (Government Code Section 65850.2 and Health and Safety Code Section 25505, et seq.) and that appropriate information is reported to the city.
A minor conditional use permit is required pursuant to Chapter 16.52 (Conditional Use Permits) for the storage of hazardous materials in conjunction with an on-site primary use where quantities are in excess of the threshold(s) specified in the California Building and Fire Code(s).
For the purposes of this section, "hazardous substances" shall include all substances on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Health Services and the Riverside County Department of Environmental Health.
A. Reporting Requirements. All businesses required by state law (Health and Safety Code, Section 6.95) to prepare hazardous materials release response plans shall submit copies of these plans, including any revisions, to the director at the same time these plans are submitted to the fire department and the Riverside County Department of Environmental Health.
B. Underground Storage. Underground storage of hazardous substances shall comply with all applicable requirements of state law (Health and Safety Code, Section 6.7; and Chapters 50 – 67 of California Fire Code and Sections 414 and 415 of the California Building Code. Businesses that use underground storage tanks shall comply with the following notification procedures:
1. Immediately notify the fire department of any unauthorized release of hazardous substances and take steps necessary to control the release; and 553
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2. Notify the fire department and the director of any proposed abandoning. closing, or termination of operations of underground storage tank(s) and the lawful actions to be taken to dispose of any hazardous substances in accordance with all local, state, and federal codes and/or standards.
C. Aboveground Storage. Aboveground storage tanks for flammable liquids may be permitted at construction sites subject to the approval of the fire code official.
D. New Development. Structures subject to the provisions of this development code as well as all newly created parcels shall be designed to accommodate a setback of at least fifty (50) feet from any existing natural gas or petroleum pipeline. This setback may be reduced, only if the director can make one or more of the following findings:
1. The structure would be protected from the radiant heat of an explosion by berming or other physical barriers;
2. A fifty (50) foot setback would be impractical or unnecessary because of existing topography, streets, parcel lines, or easements; or
3. A containment system or other mitigating facility shall be constructed. and the city engineer finds that a leak would accumulate within the reduced setback area. The design of the system shall be subject to the approval of the city engineer and a fire code official approved by the fire protection engineer.
For the purpose of this section, a pipeline is defined as follows:
1. A pipe with a nominal diameter of six inches or more that is used to transport hazardous liquid, but does not include a pipe used to transport or store hazardous liquid within a refinery, storage, or manufacturing facility; or
2. A pipe with a nominal diameter of six inches or more operated at a pressure of more than two hundred seventy-five (275) pounds for each square inch that carries gas.
E. Notification Required. A subdivider of a development within five hundred (500) feet of a pipeline shall notify a new/potential owner at the time of purchase and at the close of escrow of the location, size, and type of pipeline.”
SECTION 4. Tables 3-1 “Multi-Family Development Minimum Common Storage Areas Required (Sq. Ft.)” and 3 -2 “Nonresidential Structures Minimum Storage Areas Required (Sq.
Ft.)” in Section 16.18.150 of the Murrieta Development Code “Solid Waste/Recyclable Materials Storage” are hereby replaced with the following tables:
“TABLE 16.18.150-1
MULTI-FAMILY DEVELOPMENT MINIMUM COMMON STORAGE AREAS
REQUIRED (SQ. FT.)
Number of Dwellings Refuse Recycling Total Area
2-6 12 12 24
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7-15 24 24 48
16-25 48 48 96
25 or more Every additional twenty-five (25) dwellings or fraction thereof shall require an additional forty-eight (48) square feet for solid waste and forty-eight (48) square feet for recyclables.
…
TABLE 16.18.150-2
NONRESIDENTIAL STRUCTURES MINIMUM STORAGE AREAS REQUIRED (SQ.
FT.)
Building Floor Area
(sq. ft.)
Refuse Recycling Total Area
0-5,000 12 12 24
5,001-10,000 24 24 48
10,001-25,000 48 48 96
25,001-50,000 96 96 192
50,001-75,000 144 144 288
75,001-100,000 192 192 384
100,001+ Every additional twenty-five thousand (25,000) sq. ft. shall require an additional forty-eight (48) sq. ft. for solid waste and forty-eight (48) sq. ft. for recyclables.
“
SECTION 5. Section 16.22.080 of the Murrieta Development Code “Prohibited Fence Materials” is hereby replaced to read as follows:
“A. Prohibited Fencing Materials.
1. Barbed wire, razor wire and other similar materials shall not be permitted as part of a fence or wall except as utilized for permitted agricultural and livestock operations; and
2. The use of chain-link fencing shall not be allowed within the front yard setback on a residentially zoned, except in the RR and RE zones or developed property along a property line adjacent to a street.
3. Barbed wire, razor wire, and similar materials installed prior to the effective date of Ordinance No. 610-24 shall be allowed to continue to be utilized for security purposes.
B. Exceptions to Prohibited Fencing Materials. Chain-link fences may be allowed when required for security or safety reasons, subject to the director's approval, which shall be conditioned to mitigate negative visual impacts. The conditions may include, but are not limited to, the following:
1. Inclusion of decorative elements (i.e., varied mesh sizes, vinyl or other coating and alternative post materials);
2. Inclusion of landscaping or alternative fence locations; and 555
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3. Maintenance of fencing materials and landscaping.”
SECTION 6. Subsection A(1) of Section 16.30.130 of the Murrieta Development Code “Acts Deemed Violations of Chapter” is hereby replaced to read as follows:
“The following acts are a violation of this chapter.
A. Construction Noise.
1. Operating or causing the operation of tools or equipment used in construction, drilling, repair, alteration, or demolition work between weekday hours of eight p.m. and seven a.m., or at any time on Saturdays, Sundays, or holidays so that the sound creates a noise disturbance across a residential or commercial property line, except for emergency work of public service utilities.”
SECTION 7. “Table 3-7 Parking Requirements by Land Use” of Section 16.34.040 of the Murrieta Development Code “Number of Parking Spaces Required” is hereby replaced to read as follows:
“TABLE 3-7
PARKING REQUIREMENTS BY LAND USE
Agricultural Uses Vehicle Spaces Required
Produce Stands (Issued by
Temporary Use Permit)
Minimum of 3 on-site parking spaces.
The parking area shall be set back from any public
right-of-way in compliance with the underlying
zone. This area shall be kept clear to provide
unobstructed visibility for motorists.
Agriculture Processing 1 per 1,500 sq. ft. of use area.
The parking area shall be set back from any public
right-of-way in compliance with the underlying
zone. This area shall be kept clear to provide
unobstructed visibility for motorists.
Equestrian Facilities 1 per 3 corrals plus 1 horse trailer space for every 10 corrals plus 2 for a caretaker’s unit.
The parking area shall be set back from any public
right-of-way in compliance with the underlying
zone. This area shall be kept clear to provide
unobstructed visibility for motorists.
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..”
SECTION 8. Section 16.38.080 of the Murrieta Development Code “Prohibited Signs” is hereby replaced in its entirety to read as follows:
“The following signs are inconsistent with the purposes and standards of this chapter and are, therefore, prohibited in all zoning districts:
A. Abandoned and/or dilapidated signs and sign structures; B. Animated, moving, flashing, blinking, reflecting, revolving, or other similar signs, except time/temperature devices;
C. Banners, flags, and pennants, except as specifically allowed by the provisions of Section
16.38.055 (Temporary Commercial Signs);
D. Bench signs, except at approved bus passenger loading areas in areas other than single- family residential districts;
E. Changeable copy signs, except as approved for a civic organization/institution, movie theater, regional mall, auto center, or unless otherwise approved by a sign program, or as allowed pursuant to Section 16.38.020 (C)(Message Substitution); F. Inflated signs, balloons, and figures;
G. Light bulb strings except for temporary uses (e.g., Christmas tree lots), exposed tubing (neon), and light-emitting diode (LED) or similar lighting technology, except as allowed by a comprehensive sign program;
H. Obscene or offensive signs containing statements, words, or pictures of an obscene, indecent or immoral character which appeal to the prurient interest in sex, or which are patently offensive and do not have serious literary, artistic, political, or scientific value; I. Off-site signs not specifically allowed by the provisions of this chapter, including billboards and outdoor advertising not specifically authorized pursuant to Section 16.38.150; J. Painted signs on fences, walls or roofs;
K. Portable signs, this provision does not apply to noncommercial signs; L. Pole signs;
M. Projecting signs:
N. Roof signs;
O. Signs erected in a manner that a portion of its surface or supports will interfere in any way with the free use of a fire escape, exit, or standpipe or obstruct a required ventilator, door, stairway, or window above the first story;
P. Signs not in compliance with the provisions of this chapter; Q. Signs emitting audible sounds, odors, or visible matter; 557
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R. Signs that conflict with or imitate traffic control devices due to color, wording, design, location or illumination, or that interfere with the safe and efficient flow of vehicular and/or pedestrian traffic;
S. Signs on public property or projecting within the public right-of-way, except with an encroachment permit issued by the city;
T. Signs which are a danger to the public or are unsafe; U. Signs which are a traffic hazard not created by relocation of streets or highways or by acts of the city;
V. Vehicle signs; or
W. Illegal Signs pursuant to Section 16.38.085.”
SECTION 9. Section 16.38.140 “Sign Standards by Zoning District” of the Murrieta Development Code is hereby replaced in its entirety to read as follows:
“The sign standards provided in this chapter are intended to apply to signs in all zoning districts.
Only signs authorized by this chapter shall be allowed unless otherwise expressly provided in this chapter. The standards provided herein do not apply to billboards subject to a relocation agreement.
TABLE 16.38.140-1
SIGN STANDARDS - RESIDENTIAL
CLASS SIGN
TYPE
NUMBER SIGN
AREA
HEIGHT REMARKS
Neighborhood
identification
Wall or
monument
Two per entry
(one at each
corner)
Twenty-
four (24)
square
feet
Six feet for
wall sign
and four
feet for
monument
sign.
1. Copy shall be
limited to the name
of the development.
Multi-family
identification
Wall One per street
frontage with
a maximum of
two per
development.
Twenty-
four (24)
square
feet
Sign shall
not project
above the
edge of
roof
1. Signs shall
harmonize with the
scale and design of
the development.
2. Indirect lighting
only.
3. Monument signs
Monument One per street
frontage with
Twenty-
four (24)
Six feet
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a maximum of
two per
development.
square
feet
shall be placed no
closer than five feet
from the property
line. Corner locations
shall be approved by
city engineer.
4. Refer to the
Objective Design
Guidelines (ODS) for
additional criteria.
Multi-family
site directory
Monument One per
vehicular
entrance
Twelve
(12)
square
feet
Six feet 1. To direct visitors
and emergency
vehicles to buildings.
2. Sign shall be
conveniently located
and shall not be
located within the
entry throat in a
manner that could
block access.
3. Illuminated for
legibility twenty-four
(24) hours a day.
4. Sign shall locate
building, driveway
locations, and
address of each
building. Fire hydrant
or knox box locations
may also be shown as
required by the fire
department.
5. Copy shall be
minimum one inch in
height and legible
from twenty (20)
feet.
6. Refer to the
Objective Design
Guidelines (ODS) for
additional criteria.
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Model home
complex
Temporary
sign on-site
Two on-site
temporary
signs
permitted. One
each main
street of
project.
One
hundred
(100)
square
feet
Fifteen
(15) feet
1. Signs shall be
removed within ten
days from the date of
the final sale of the
land and/or
residences.
2. Signs shall be for
identification of
subdivision, price
information, and the
developers name,
address, and
telephone number.
Flags,
banners,
pennants
Per director Per
director
Per director
Real estate
signs
One per lot Four
square
feet
Seven feet 1. See Section
16.38.050(C).
Non-
residential uses
1. Subject to the
Civic/Institutional
sign allowances.
TABLE 16.38.140-2
WALL SIGN STANDARDS - NON-RESIDENTIAL
PRIMARY FRONTAGE NON-PRIMARY FRONTAGE
1.5 square feet per 1 lineal foot of frontage
not to exceed 250 square feet of sign area
1 square feet per 1 lineal foot of frontage
not to exceed 150 square feet of sign area
TABLE 16.38.140-3
FREESTANDING SIGN STANDARDS – COMMERCIAL, INDUSTRIAL, OFFICE,
BUSINESS PARK, AND INNOVATION
MONUMENT PYLON FREEWAY SIGNS REMARKS
All
Commercial
One sign; 24
sq.ft.in sign area
If more than
300 lineal feet
of street
Up to 25 acres in
size - 1 sign,
1. Digital
display is
permitted on
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zones (NC,
CC, RC)
Single
tenant
per side; 8' max
height.
frontage one
Pylon sign;
60sq.ft.max
sign area and
12' max
height.
225sq.ft.max sign
area; 40' max height.
>25 acres - 1 sign,
500sq.ft max sign
area; 60' max height.
*1000 ft. from other
freeway signs with
digital display or 500
feet from any other
freeway signs on the
same side of the
street, includes signs
of different
parcels/development .
Within 150 ft. of
freeway right-of-way.
All freeway signs
shall include the
City's name and logo.
one
freestanding
sign per
center and
shall occupy
a max of
20% of that
sign's area.
2. One
monument
and/or pylon
sign per
development
shall include
the center's
name. This
sign area will
not count
towards the
overall
allowed
signage area
of said sign.
3. If project
site is located
on comers of
major
arterials it is
subject to
section
16.38.130.
Multi-tenant One per street
frontage; 50 sq.
ft. in sign area
per side; 10'
max height. If
more than 300
lineal feet of
frontage one
additional sign
is allowed along
one frontage.
Signs shall have
a 200 foot
>2.5 up to 6
acres - 1 max;
60 sq. ft. max
sign area and
12' max
height
>6acres<10- 2
max; one per
street
frontage; 200-
foot
separation
from all other
signs; 60 sq.ft.
Up to 25 acres in
size - 1 sign, 225sq.ft.
sign area; 40' max
height.
>25 acres - 1 sign,
500sq.ft. max sign
area; 60' max height.
*1000 ft. from other
freeway signs with
digital display or 500
feet from any other
freeway signs on the
same side of the
street, includes signs
1. Digital
display is
permitted on
one
freestanding
sign per
center and
shall occupy
a max of
20% of that
sign's area.
2. One
monument
and/or pylon
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separation from
any other signs.
max sign area;
12' max
height.
>10acres<25
- 3 Max; at
100 sq. ft.
max sign area;
20' max
height; 200-
foot
separation
from all other
signs.
>25 acres - 4
max; 200 sq.
ft. max sign
area; 25' max
height; 200-
foot
separation
from all other
signs. If
project site
has more than
1200 lineal
feet of street
frontage one
additional
pylon is
allowed.
of different
parcels/development .
Within 150 ft. of
freeway right-of-way.
All freeway signs
shall include the
City's name and logo.
sign per
development
shall include
the center's
name. This
sign area will
not count
towards the
overall
allowed
signage area
of said sign.
3. If project
site is located
on corners of
major
arterials it is
subject to
section
16.38.130.
Office (O and ORP), Business Park, Industrial (BP, GI, and GIA), Innovation (INN) Single
tenant
One sign; 24
sq.ft.in sign area
per side; 6' max
height.
Not Allowed Not Allowed 1. Digital
display is
permitted on
one
freestanding
sign per
center and
shall occupy
a max of
20% of that
sign's area.
2. One
monument
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and/or pylon
sign per
development
shall include
the center's
name. This
sign area will
not count
towards the
overall
allowed
signage area
of said sign.
3. If project
site is located
on corners of
major
arterials it is
subject to
section
16.38.130.
Multi-tenant One per street
frontage; 50 sq.
ft. in sign area
per side; 10'
max height. If
more than 300
lineal feet of
frontage one
additional sign
is allowed along
one frontage.
Max of 3
monument signs
allowed. Signs
shall have a 200
foot separation
from any other
signs.
>2.5 acres up
to 25 acres
- 1 max; 60
sq. ft. max
sign area; 12
ft. max height.
>25 acres - 2
max; one per
street frontage
with 100 sq.
ft. max sign
area; 20 ft.
max height
Signs shall
have a 200
foot of
separation
from any
other signs
1 max 225sq.ft. in
sign area; 40' max
height
* 1000 ft. from other
freeway signs with
digital display or 500
feet from any other
freeway signs on the
same side of the
street, includes signs
of different
parcels/development .
Within 150 ft. of
freeway right-of-way.
All freeway signs
shall include the
City's name and logo.
1. Digital
display is
permitted on
one
freestanding
sign per
center and
shall occupy
a max of
20% of that
sign's area.
2. One
monument
and/or pylon
sign per
development
shall include
the center's
name. This
sign area will
not count
towards the
overall
allowed
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signage area
of said sign.
3. If project
site is located
on corners of
major
arterials it is
subject to
section
16.38.130.
TABLE 16.38.140-4
SIGN STANDARDS - CIVIC/INSTITUTIONAL
WALL MONUMENT PYLON FREEWAY REMARKS
Civic/
Institutional
1 per
building
frontage
facing a
public
street; max
2 wall
signs; with
a max sign
area of 200
square feet.
One sign per
street frontage;
24 sq.ft.in sign
area per side; 6'
max height.
“
SECTION 10. Section 16.44.040 of the Murrieta Development Code “Animal Keeping” is hereby replaced in its entirety to read as follows:
“The purpose of this section is to ensure that the raising and maintenance of animals does not create an adverse impact on adjacent properties by reason of dust, noise, visual blight, odor, fumes, bright lights or insect infestations.
A. Pre-existing Uses. Any legally established noncommercial and nonconforming animal keeping use that be-came nonconforming upon adoption of this development code, shall be permitted to continue subject to Chapter 16.32 (Nonconforming Uses, Structures, and Parcels).
B. Existing Lots of Record. Animals may be kept on legally established lots of record that are less than the minimum lot size reference in Table 16.44.040-1 subject to compliance with setback regulations of the underlying zoning district and subject to approval by the director.
C. Permitted Uses. Animal keeping uses allowed in Article II (Zoning Districts and Allowable Land Uses), shall comply with the standards provided in Table 16.44.040-1 below and 564
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with all other standards and requirements of this section and with all other applicable ordinances and regulations.
D. Exempt Uses. All permitted kennels shall be ruled exempt from the standards contained in Table 16.44.040-1, Animal Keeping Standards, and all other standards and requirements of this section.
E. Animal Keeping Standards.
1. The following standards shall apply to all animal keeping uses, where allowed within the residential zoning districts:
TABLE 16.44.010-1
ANIMAL KEEPING STANDARDS
Type of Animal Allowable Zoning
District
Maximum Number of
Animals per Site
Minimum Lot Size
Apiary (bees) RR, ER n/A One-half (1/2) acre
Aviary RR, ER Fifty (50) birds per
acre; more than fifty
(50), subject to CUP
One-half (1/2) acre
Cats or dogs All zones Four animals each None
All zones Eight animals total Two acres
Chickens RR, ER, SF1 4
12 30
7,200 sq. ft. to .49
acre
.5 to 1 acre
>1 acre
Chinchilla, nutria, hamsters,
guinea pigs, cavy and similar
small animals (raising for
commercial purposes)
RR, ER Subject to a CUP One acre
Exotic or wild animals RR, ER Subject to a CUP One-half (1/2) acre Frog farm RR, ER Subject to a CUP One acre
Household pets (e.g., birds,
domesticated rodents, non-
poisonous reptiles)
All zones No maximum None
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Poultry, fowl (not including
chickens)
RR, ER Thirty (30) animals per
acre
One-half (1/2) acre
Pot belly pigs (less than
eighty (80) lbs.)
All zones Four pigs Five thousand (5,000)
sq. ft.
Large (e.g., equine, bovine,
bison or similar sized
animals)
RR, ER Five per acre One-half (1/2) acre
Medium (e.g., sheep, goats,
and similar sized animals)
RR, ER One per five thousand
(5,000) sq. ft.
One-half (1/2) acre
Small (e.g., rabbits,
chinchillas, guinea pigs,
hamsters, and similar sized
animals)
All zones Six per five thousand
(5,000) sq. ft. up to one
acre. One acre or
larger, maximum one
hundred (100).
Five thousand (5,000)
sq. ft.
a. Setbacks for grazing, arenas, or areas where animals are kept apply to typical corral and fence construction. Barns, sheds, and similar accessory structures shall be subject to the standards and setbacks of the particular zoning district.
TABLE 16.44.040-2
Standard Minimum Distance/Size
Setback Front Zoning district setback
Side and rear Minimum three feet
From any habitable
dwelling
Minimum fifty (50) feet
Fence height Minimum five feet
Corral size Minimum two hundred eighty-eight (288) sq. ft. per animal (twelve (12) feet x twenty-four (24) feet) with a minimum ten foot interior dimensions
b. Apiaries, for the noncommercial use of occupants of the premises only, shall have all boxes or hives housing bees placed at least four hundred (400) feet from any highway, roads, or streets, any public school, park, property boundary or from any structure used as a dwelling or as a place of business. A water source shall be provided on-site. 566
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c. Offspring born to an allowed animal kept on the site may be kept until the animals are weaned (cats and dogs - four months; large animals - six months; horses - twelve (12) months). d. Rabbits shall be kept in an area with a wire mesh floor. e. The keeping of animals shall be subject to the waste removal requirements of municipal code Chapter 8.28 and any other applicable laws and ordinances. f. The keeping of animals shall comply with all local, county, state, and federal regulations including obtaining and maintaining applicable licenses.
2. A conditional use permit is required for the establishment of commercial and noncommercial dog kennels and catteries, dog training schools, small animal shelters, and dog and cat breeding establishments with outside runs subject to the requirements of the county health department and the following provisions:
a. The minimum parcel size shall be one acre.
b. Animal runs shall be an adequate size for animals held herein. c. Animal runs shall be constructed or coated with non-porous material to discourage the breeding of ticks and other similar pests.
d. Animal runs and animal holding areas shall have concrete or other durable flooring sloped for proper drainage.
e. Animal runs shall have adequate enclosures to provide protection from inclement weather.
f. Animal runs shall be provided with sufficient drains to control drainage and daily washing of the runs.
g. Kennels and catteries shall be serviced by sewer and all excrement produced by the animals shall be properly disposed of on a regular basis so as to control flies and odor, or stored in an enclosed container and disposed of on a regular basis. Existing kennels shall be permitted to remain on a septic system, including expansions to existing facilities. New expansions shall be subject to approval by the Riverside County environmental health department prior to issuance of building permits.
h. New kennels and expansions of existing kennels shall be subject to review and approval by the Riverside County health environmental department prior to the issuance of building permits.
i. Animal runs, exercise areas, or keeping of the kenneled animals for commercial or noncommercial purposes shall not be located within a required setback area. j. Facilities for dog kennels and catteries, dog training schools, small animal shelters, and dog and cat breeding establishments shall be subject to the setback standards for the underlying district.
3. Animals at Large:
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a. The animal control authority, peace officers, or persons employed for animal regulation purposes shall capture animals found at large within the city and shall handle the animals as impounded animals. Any owner or custodian of an animal found at large in the city shall be in violation of this section. An animal is at large whenever it is not on the premises of the owner or custodian of the animal and is unattended.
b. For any impounded animal, except a domesticated dog or cat, all reasonable costs incurred by the city and the animal control authority in connection with the capture and impoundment of the animal shall be the responsibility of the owner of the animal.
4. Chickens:
a. Chickens shall be contained within an enclosure or coop with an enclosed runway and an area providing protection from weather.
b. Enclosure or coop shall be in the rear or side yard and shall be setback ten feet from the rear and side yard property line.
c. The enclosure or coop shall be maintained in a clean and sanitary condition and free of offensive odors.
d. The slaughtering of any animal is prohibited in any residential zone. e. Roosters are prohibited.
f. Chickens under the age of 6 months are not counted towards the maximum number of chickens as provided in Table 16.44.040-1.
g. The commercial keeping of chickens in residential zones is prohibited.”
SECTION 11. Section 16.44.150 of the Murrieta Development Code “Residential Accessory Uses and Structures” is hereby replaced in its entirety to read as follows:
“This section provides standards for specific residential accessory uses and structures allowed in the zoning district applicable to a parcel. Residential accessory uses include any use that is customarily related to a residence, including, but not limited to, garages, greenhouses, storage sheds, studios, above ground swimming pools/spas and workshops. Accessory structures must obtain development plan approval pursuant to Chapter 16.56 (Development Plan Permits) of this title if a new accessory structure or addition results in an increase of more than one thousand (1,000) square feet, unless otherwise identified in this Section. Accessory dwelling units (ADUs) are separately defined by state law from residential accessory uses and structures. Please see Section 16.44.160 (Accessory Dwelling Units) for definitions, criteria, and processing requirements.
A. General Requirements. Accessory uses and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this section for specific uses.
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1. Relationship of Accessory Use to the Main Use. Accessory uses and structures shall be incidental to and not alter the residential character of the site.
2. Attached Structures. An accessory structure that is attached to a main structure shall be architecturally compatible with, and made structurally a part of the main structure (e.g., share a common wall with the main structure). It shall also comply with the requirements of this development code applicable to the main structure, including but not limited to setbacks, heights, and lot coverage, unless a minor variance is approved. For accessory structures that propose an ADU component, please refer to Section 16.44.160 and Government Code 65852.2 for criteria with respect to the ADU components of the structure.
3. Detached Structures:
a. Coverage. The floor area of a single detached accessory structure shall not exceed one thousand (1,000) square feet, nor shall the sum of the floor area(s) of the total number of detached accessory structures exceed 40 percent, of the required rear yard of the parcel. A covered patio or barbecue area shall not be construed as an accessory structure for purpose of calculating floor area.
b. Design. Detached accessory structures shall be compatible with the materials and architecture of the main dwelling(s) on the property whenever feasible. For accessory structures that propose an ADU component, please refer to Section 16.44.160.F.2 for the exterior design criteria.
c. Setback Requirements. Setbacks shall be as provided by Table 16.44.150-1 (Required Setbacks—Accessory Uses and Structures). For accessory structures that propose an ADU component, please refer to Section 16.44.160.F.1 for the setback criteria with respect to the ADU component of the structure.
d. Height. The maximum height of an accessory structure shall be in compliance with the height restriction for the zone, and shall not be greater than the height of the primary residence on the lot. An accessory structure proposing an ADU component shall be permitted to exceed the height of the primary residence for the portion of accessory structure containing and for accessing the ADU.
B. Antennas. Antennas are subject to the provisions of Section 16.44.170 (Telecommunications Facilities).
C. Garages. A detached accessory garage shall not be greater than one thousand (1,000) square feet or fifty (50) percent of the square footage of the main dwelling unit, whichever is less, or two thousand (2,000) square feet or fifty (50) percent of the square footage of the main dwelling unit in rural residential zones, whichever is greater. Size deviation may be authorized pursuant to section 16.56.020 (A).
D. Greenhouses. An accessory greenhouse may occupy up to five hundred (500) square feet for each dwelling unit or ten percent of the parcel, whichever is less.
E. Guest Living Quarters. Guest living quarters can be attached or detached for temporary use by guests or family members of the primary residence. Guest living quarters do not include a kitchen or wet-bar and may occupy up to 500 square feet and include restroom facilities. 569
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F. Swimming Pools/Spas/Hot Tubs. Private swimming pools, spas and hot tubs are allowed accessory to approved residential uses on the same parcel, subject to the following provisions:
1. Limitation on Use. The pool is to be used solely by occupants of the dwelling(s) on the same parcel and their guests; and
2. Fencing. The swimming pool shall be secured by fencing and/or walls to prevent uncontrolled access by children, in compliance with the building code.
3. Setbacks. Swimming pool/spa shall maintain the required setback which is measured from water edge to property line for in-ground pool/spa and from the outside edge of the structure to property line for above ground pool/spa, and other above- ground structures such as slides, pool grottos, waterfalls, etc.
G. Tennis and Other Recreational Courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetball, etc.) accessory to a residential use are subject to the following provisions:
1. Fencing: Shall be subject to the height limits of Chapter 16.22 (Fences, Hedges and Walls); and
2. Lighting. Court lighting shall not exceed a maximum height of twenty (20) feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property, in compliance with Section 16.18.100 (Lighting).
H. Workshops and Studios. Accessory structures intended for engaging in artwork, crafts, light hand manufacturing, mechanical work, etc. are subject to the following standards when located in a residential zoning district:
1. Limitation on Use: An accessory structure may be constructed or used as a studio or workshop in any residential zoning district for the following noncommercial activities:
a. Amusements or hobbies;
b. Artistic endeavors (e.g., painting, photography or sculpture); c. Maintenance of the main structure or yards;
d. Maintenance or mechanical work on vehicles owned or operated by the occupants; or e. Other similar purposes.
Use of an accessory workshop for commercial activity shall be subject to the standards for home occupations, in compliance with Chapter 16.60; and
2. Floor Area. A workshop shall not occupy an area larger than one thousand (1,000) square feet, except where a workshop is combined with a garage. In this case subsection C (Garages), above, shall apply.
I. Rooming and Boarding House. A rooming and boarding house (including sober living homes), as defined in Chapter 16.110 of this title, may be established only upon approval of a 570
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conditional use permit for six (6) or fewer occupants, and shall be prohibited for more than six (6) occupants subject to the following standards (Short-Term Vacation Rentals that are regulated separately fall outside of this criteria. See, Chapter 5.27 (Short-Term Vacation Rentals) of the Murrieta Municipal Code for further criteria on these uses):
1. Filing Requirements. In addition to the regular application information, the application for a conditional use permit for a rooming and boarding house or sober living home shall include the following information:
a. Any proposed restrictions or limitations on the resident profile, such as men only, women only, families with children, elderly or special needs; b. The number of rooms to be used for sleeping purposes, and the maximum number of residents including on-site management staff, if any; and c. Any proposed limitations on the maximum stay for each resident.
2. Site Location Criteria. In evaluating a proposed rooming and boarding house or sober living home the following criteria shall be considered:
a. Compatibility of the proposed use with neighboring uses; b. Whether the use will result in harm to the health, safety or general welfare of the surrounding neighborhood, and substantial adverse impacts on adjoining properties or land uses will not result;
c. The proximity of the use to shopping and services, and access to public transportation; and
d. To avoid an over-concentration of rooming and boarding houses and sober living homes, there shall be a minimum separation requirement of five hundred (500) feet, measured from the nearest outside building walls, between the subject use and any other rooming and boarding home or other group housing as defined in this title or in state law.
3. Development Standards. Any rooming and boarding house or sober living home shall comply with the following:
a. Structures and landscaping shall be compatible with the character of the surrounding neighborhood;
b. Sufficient on-site parking shall be provided (the precise number of parking spaces required will be determined by the approving authority based on the operating characteristics of the specific proposal);
c. Both indoor and outdoor open areas shall be provided on site; d. All setback standards of the underlying zone shall be met; and e. Signs as permitted in Chapter 16.38.
4. Notification. Notification of the conditional use permit public hearing shall be done in accordance with Chapter 16.52 of this title.
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5. Existing Facilities. Upon the expiration of any conditional use permit, an existing rooming and boarding house or sober living home must comply with the requirements of this Section 16.44.150.
6. Changes to Operation. Any change in operating conditions from what was originally approved and imposed by the city, including, but not limited to, the number of occupants or residents, or any modifications to the conditions of approval pursuant to the required conditional use permit, shall require the immediate submittal of a request for revision of the required conditional use permit.
J. Parolee-Probationer Home. A parolee-probationer home, as defined in Chapter 16.110 of this title, may be established only upon approval of a conditional use permit for six (6) or fewer occupants, and shall be prohibited for more than six (6) occupants subject to the following standards.
1. Filing Requirements. In addition to the regular application information, the application for a conditional use permit for a parolee-probationer home shall include the following information:
a. Client profile (the subgroup of the population the facility is intended to serve); b. Maximum number of occupants, including support staff; c. Proposed maximum stay for each parolee-probationer; d. A description of support services to be provided on-site and projected staffing level, if any;
e. Site plan and floor plans; and
f. Rules of conduct and business management plan.
2. Site Location Criteria. In evaluating a proposed parolee-probationer home, the following criteria shall be considered:
a. Compatibility of the proposed use with neighboring uses; b. Whether establishment of the facility will not result in harm to the health, safety or general welfare of the surrounding neighborhood, and substantial adverse impacts on adjoining properties or land uses will not result;
c. Facility shall be located along or near a collector or arterial street with reasonable access to public transportation;
d. Facility shall be accessible to necessary support services; e. To avoid an over-concentration of parolee-probationer homes, there shall be a one thousand (1,000) foot separation requirement as measured from the nearest outside building walls between the subject use and any other parolee-probationer home or other group housing as defined in this title or in state law;
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f. To avoid an over-concentration of group housing facilities, there shall be a one thousand (1,000) foot separation requirement as measured from the nearest outside building walls between the subject use and any other group housing as defined in this title or state law; and
g. That parolee-probationer homes shall not be located within one thousand (1,000) feet of a public or private school (pre-school through twelfth (12th) grade), student housing, senior housing, child care facilities, public parks and trails, or businesses licensed for on- or off-site sales of alcoholic beverages, as measured from any point on the outside walls of the parolee- probationer home to the nearest property line of the noted use.
3. Development Standards. Any parolee-probationer home shall comply with the following:
a. Facility shall be compatible with the character of the surrounding neighborhood; b. Sufficient on-site parking shall be provided (the precise number of parking spaces required will be determined by the approving authority based on the operating characteristics of the specific proposal);
c. Both indoor and outdoor open areas shall be provided on site; d. All setback standards of the underlying zone shall be met; e. Signs as permitted in Chapter 16.38;
f. On-site staff supervision shall be required for parolee-probationer homes during all hours of operation;
g. Individual client stays at parolee-probationer homes shall not exceed one hundred eighty (180) days; and
h. The facility’s management shall participate in any formal residential crime prevention program (i.e., Crime Free Multi-Housing Program) provided by the city and as required under the conditional use permit and, if the program offers certification, then that certification shall be obtained and maintained in current status.
4. Notification. Notification of the conditional use permit public hearing shall be done in accordance with Chapter 16.52 of this title.
5. Existing Facilities.
a. Upon the expiration of any conditional use permit, an existing parolee-probationer home must comply with the requirements of this Section 16.44.150J. b. An existing parolee-probationer home established pursuant to any conditional use permit discontinued for any period of time, excluding a maximum thirty- (30-) day closure required to perform necessary repair or restoration which does not increase the square footage of the residence, is deemed abandoned and any subsequent establishment of a parolee-probationer home on the premises shall be required to first obtain a new conditional use permit. 573
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6. Changes to Operation. Any change in operating conditions from what was originally approved and imposed by the city, including, but not limited to, the number of occupants, residents or parolees- probationers, or modifications to the conditions of approval pursuant to the required conditional use permit shall require the immediate submittal of a request for revision of the required conditional use permit.
K. Cargo Containers As An Accessory Structure. The purpose of this section is to allow cargo containers to be placed on private property in a permanent manner that is safe and secure, will not create adverse impacts to either the property on which they are located or to the immediate residential neighborhood and will not become a nuisance to the community.
1. Permanent use.
a. It shall be limited to one (1) cargo container for parcels between one (1) and two (2) acres. One (1) additional container may be proposed for parcels greater than two (2) acres. b. The permanent placement of a cargo container shall be limited to the Rural Residential (RR) and Estate Residential 1 (ER-1) zones that are greater than one (1) acre or more. c. The approval shall be specific to a location and shall not be transferable to other locations or property.
d. It shall meet all requirements as set forth in the California Building and Fire Code(s). e. It shall be limited to a “storage occupancy” as categorized under the California Building and Fire Code(s).
f. It shall be accessory to the primary use of the property for the storage of nonflammable, noncombustible, nonhazardous materials and supplies.
g. The cargo container shall be modified in such a manner to match the main residential structure in terms of exterior colors, trim, and roofing style. On larger parcels, over two (2) acres or more, the modifications shall be limited to the paint color of the exterior in terms of matching the main residential structure.
h. Structure setbacks shall be provided as noted in Table 16.44.150-1. i. It shall comply with and height and lot coverage thresholds as defined within Rural Residential (RR) and the Estate Residential 1 (ER-1) zones. j. Landscape screening methods shall be provided on-site for the portions of the container visible from the public right-of-way to the satisfaction of the Development Services Director or their designee.
k. Existing cargo containers at existing residential properties can remain in place 18 months from the effective date of Ordinance___.
TABLE 16.44.150-1
REQUIRED SETBACKS—ACCESSORY USES AND STRUCTURES
Single-family Homes
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Accessory Structure Type of Setback1 Required Setback2
Garage, gazebo, greenhouse, patio
cover, storage shed, workshop (more
than one hundred twenty (120)
square feet)
Side and rear Five feet; unless adjacent to a
public street when the setback
shall be ten feet
Gazebo, greenhouse, patio cover,
storage shed, (less than one hundred
twenty (120) square feet)3
Sides and rear Three feet to the furthest
projection
Swimming pool, spa, fish pond,
outdoor play equipment4
Sides and rear Five feet
Stationary barbecue, fire pit, propane
tank
Front,
sides and rear
Ten feet
Three feet for non-high-fire
zone areas of the City. For high-
fire zone areas, please contact
the City prior to placement for
the minimum distance required
to comply with the California
Fire Code
Air conditioning equipment, pool and
spa equipment, ground-based
antennas
Sides and rear Four feet
Cargo Containers As An Accessory
Structure6
Front,
Side, min. distance from
another structure,
Rear
Twenty-five feet
Ten feet,
Eight feet
Exterior staircases for balconies, pool
slides
Front,
Side, min. distance from
another structure,
Rear
Same as the main structure
Shall meet the minimum
requirements as provided under
the California Fire and Building
Code(s)
Decks exempted from a building
permit
All sides Shall meet the minimum
requirements as provided under
the California Fire and Building
Code(s)
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Decks requiring a building permit
(Over 18 inches in vertical height)
All sides Shall meet the minimum
requirements as provided under
the California Fire and Building
Code(s)
Multi-family Homes
Accessory Structure Type of Setback1 Required Setback2
Garage, gazebo, greenhouse, patio
cover, storage shed, workshop
All sides Five feet; unless adjacent to a
public street where the setback
shall be ten feet
Gazebo, greenhouse, patio cover,
storage shed, (less than one hundred
twenty (120) square feet)3
All sides Three feet to the furthest
projection
Swimming pool, spa, fish pond,
outdoor play equipment, waterslide4
All sides Ten feet
Stationary barbecue, fire pit, propane
tank
Sides and rear
Front
Sides and rear
Ten feet
Three feet for non-high-fire
zone areas of the City. For
high-fire zone areas, please
contact the City prior to
placement for the minimum
distance required to comply
with the California Fire Code
Air conditioning equipment, pool and
spa equipment, ground-based
antennas6
Sides and rear Five feet
Exterior staircases for balconies, pool
slides
Front,
Side, min. distance from
another structure,
Rear
Same as the main structure
Shall meet the minimum
requirements as provided under
the California Fire and Building
Code(s)
Decks exempted from a building
permit
All sides Shall meet the minimum
requirements as provided under
the California Fire and Building
Code(s)
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Decks requiring a building permit
(Over 18 inches in vertical height)
All sides Shall meet the minimum
requirements as provided under
the California Fire and Building
Code(s)
Notes:
(1) Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, required setbacks shall be established by the director. (2) A structure, projection or equipment shall not be placed or occur beyond the setbacks as identified in Table 16.44.150-1.
(3) Building permits are not required for accessory structures one hundred twenty (120) square feet or less in area and twelve (12) feet or less in height. However, if a structure is proposing plumbing, electrical, or mechanical components, a building permit is required. (4) Existing single family detached lots with lot widths less than required by the zone may utilize a reduced setback equal to ten percent (10%) of the lot width but in no case closer than three (3) feet. (5) Small structures that are less than six (6) feet in height and do not extend above an adjoining solid fence or wall is exempt from setback requirements.
(6) Limited to Rural Residential (RR) and Estate Residential (ER-1) Zones with a minimum of a one (1) acre parcel area.
”
SECTION 12. Section 16.44.160 of the Murrieta Development Code “Accessory Dwelling Units” is hereby replaced to read in its entirety as follows:
“A. Purpose. This section provides standards for the establishment of accessory dwelling units.
Pursuant to Government Code 66323 local governments have the authority to adopt regulations designed to promote accessory units. An accessory dwelling unit which conforms to the requirements of this Section 16.44.160 shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential unit, which is consistent with the General Plan and zoning classification for the lot.
B. Definitions. The following are definitions of specialized terms and phrases used in this chapter. Definitions of general terms and phrases are located in Article VI (Development Code Definitions).
1. Accessory Dwelling Unit (ADU). Refer to Government Code Section 66313 for definition.
2. Junior Accessory Dwelling Unit (JADU) shall have the same meaning as defined in Government Code Section 66313.
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3. Public Transit means, including but limited, a fixed-route service open to the public at large and includes transit stations, bus stations, and bus stops, as operated by the Riverside Transit Agency or another fixed route service as adopted by City Council resolution as it pertains to Chapter 16.44.160 of this title.
C. Standard of Review. ADU and JADU applications shall be considered a ministerial action without discretionary review or a public hearing if all requirements of this Section 16.44.160 are met, notwithstanding any other requirements of state law or this development code.
D. Number of Accessory Dwelling Units and Junior Accessory Dwelling Units Allowed. The number of accessory dwelling unit(s) and junior accessory dwelling unit on a parcel shall be allowed pursuant to State Law as applicable to single-family, multi-family, and mixed-zoned parcels:
1. At a residential parcel with an existing or proposed single-family dwelling: one ADU and one JADU shall be permitted. An ADU may be combined with a JADU unit within a single- family residence pursuant to the requirements of Government Code Section 66323.
2. At a parcel with an existing multi-family dwelling, two detached ADUs shall be permitted pursuant to Government Code Section 66323. Additionally, one ADU and 25 percent of the number of existing units within the multi-family building may be counted towards the conversion requirements of Government Code Section 66323.
E. Site Requirements. A parcel proposed for an accessory dwelling unit shall comply with all the following requirements:
1. The parcel shall allow for setbacks for an ADU or JADU consistent with Government Code Section 66323.
2. Occupancy requirements of the ADU and JADU shall be consistent with the provisions of Government Code Section 66315. For a JADU, a covenant shall be recorded in the Riverside County clerk's office against the title declaring that the property owner must occupy either the primary residence or the JADU consistent with the provisions of Government Code Section 66333.
3. An ADU may only be sold in limited situations pursuant to Government Code Section(s) 66340 and 66341.
4. A covenant shall be recorded in the Riverside County clerk's office against the title of the parcel declaring that the ADU(s) and/or JADU shall not be used for short term rentals less than 30 days.
F. Design Standards. An ADU and JADU shall meet the following:
1. Size and Setback Restrictions:
a. A JADU shall be reflective of the setback and square footage provisions consistent with Government Code Section(s) 66313 and 66323.
b. An attached or detached ADU shall be reflective of the setback and square footage provisions consistent with Government Code Section 66323. 578
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c. If the ADU and/or JADU unit is proposed within the parameters of an existing or proposed single-family dwelling, any proposed expansion shall be consistent with the requirements of Government Code Section 66323. If the ADU is proposed within the parameters of an existing accessory structure, any proposed expansion shall be consistent with the requirements of Government Code Section 66323. ADU and JADU types are also required to meet fire and safety standards per Government Code Section 66323(a)(1)(C).
2. Architecture and Standards:
a. At single-family locations the exterior roofing, trim, walls, windows and the color palette of the ADU or JADU shall incorporate the same features as the main dwelling unit; b. At multi-family locations, the exterior roofing, trim, walls, windows and the color palette of the ADU addition shall incorporate the same features as the existing building that the ADU would be provided within. For detached ADUs, it shall be reflective of the nearest building as measured from the wall of the existing building to the nearest wall of the proposed unit.
c. Restroom and kitchen facilities for ADUs and JADUs shall be provided consistent Government Code Section(s) 66323 and 66333.
d. Access for ADUs and JADUs shall be provided consistent Government Code Section(s) 66323 and 66333.
G. Parking. The ADU shall provide one off-street parking space in addition to that required for the main dwelling unit, in compliance with Chapter 16.34 (Off-Street Parking and Loading Standards). No off-street parking is required for the ADU if it meets any of the following:
1. Is within a half mile walking distance from public transit. Refer to definition in Section 16.44.160.B.
2. Is within an architecturally and historically significant historic district.
3. Is in an area where on-street parking permits are required, but not offered to the occupant of the ADU.
4. Is located within one block of a car share area.
5. The ADU is a part of the proposed or existing primary residence or an accessory structure.
6. Is a JADU as defined under Government Code Section 65852.21.
H. Review of Application. Review of the ADU and JADU shall be consistent with the following:
1. A permit application for an ADU or a JADU unit shall be considered and approved ministerially without discretionary review or a hearing.
2. The City shall act on an application to create an ADU or a JADU within 60 days from the date the local agency receives a completed application. 579
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3. If the permit application to create an ADU or a JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU or the JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
I. Conflicting Standards. If there is a conflicting applicability between the requirements of this section and requirements as described under State Law, State Law shall apply.”
SECTION 13. Subsection (A)(6) of the Section 16.44.170 of the Murrieta Development Code “Telecommunications Facilities” is hereby amended in part to read as follows:
“6. Nonresidential Zoning District Standards. In nonresidential zoning districts, satellite dishes may be roof- or ground-mounted subject to the following standards. a. Development Plan Permit. A development plan permit in compliance with Chapter
16.56 (Development Plan Permits) shall be required for the construction and/or placement of a satellite dish in a commercial, innovation, or industrial zoning district. b. Ground-mounted. If ground-mounted, dishes shall not be located between a structure and an adjoining street and shall be screened from public view and neighboring parcels. c. Roof-mounted. If roof-mounted, dishes shall be screened from ground view by a parapet or other type of screening. The minimum height and design of the parapet, wall or screening shall be subject to the approval of the director. Screening materials shall be architecturally compatible with the rest of the structure. d. Diameter. The diameter of a ground-mounted satellite dish shall not exceed eight feet.
This provision may be modified by the director if strict compliance would result in substandard reception.
e. Height and Location. The height and location of the satellite dish shall comply with the requirements of the applicable zoning district. The height provision may be modified by the director if strict compliance would result in substandard reception. f. Setbacks. If the subject parcel abuts a residential zoning district, the dish shall be set back a minimum distance from the lot line equal to the height of the antenna.”
SECTION 14. Section 16.44.180 of the Murrieta Development Code “Vehicle Dealerships” is hereby replaced in its entirety to read as follows:
“16.44.180 Vehicle Dealerships.
A. Design Issues. Vehicle dealerships are establishments that specialize in the sale of one or more lines of new automobiles and/or used vehicles and in the servicing of that line or lines. 580
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B. Site Planning.
1. Showrooms shall be oriented toward major public streets.
2. Outdoor vehicle display areas shall occur only on permanent at-grade display areas or low-rise platforms (four feet maximum) that are architecturally compatible with the project.
Rotating vehicle display plat-forms are not allowed.
3. Provisions shall be made onsite for the unloading of vehicles from carriers. Vehicle unloading on non-residential streets may occur in the right-of-way only if special turn-outs are provided.
4. Screened storage areas shall be provided for vehicles awaiting repairs.
5. Potentially noisy activities, (e.g., vehicle repair, cleaning, or testing) shall not be located near or oriented towards residential.
6. Customer parking shall be provided for the sales, service, and parts areas.
7. Sufficient space shall be provided for service drop-offs to prevent stacking of waiting vehicles onto a public street.
8. All non-vehicle storage areas shall be screened from view from the public street and any adjacent residential area. No storage, except vehicle storage, shall occur that is visible from a public street.
C. Building Design.
1. Buildings shall be stylistically consistent on all sides, carefully detailed. and architecturally related to each other.
2. Service uses shall be wholly contained within a building of solid (e.g. masonry) construction. All vehicle access to the individual service bays shall be from within the building itself with no more than two or three exterior doors to provide access to the building. The access points to the service building shall not be visible from or face toward a public street or any adjacent residential uses.
3. Walls and fences shall be architecturally compatible with the buildings. 581
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D. Special Requirements.
1. All outdoor lighting shall be consistent with the Mount Palomar dark sky provisions regarding lighting see Section 16.18.110 (Mount Palomar Lighting Standard).
2. Public address systems, shall not be used in outdoor areas. Beepers and/or personal pagers can be used if necessary to contact employees outdoors.
3. Wash racks shall be located so that they are not visible or audible from a public street or residential area. Wash areas shall be designed to comply with city requirements for stormwater/urban runoff management and discharge controls.
4. All non-vehicle storage areas shall be screened from public view from adjoining properties and from the public right-of-way by appropriately designed walls and landscaping.
5. Compressors and similar equipment shall be located in the interior of the site to minimize impacts on adjacent properties.
6. Because landscaping along display perimeters is typically minimal and low level, other landscaped areas shall be designed to compensate for the absence of vertical landscape elements.
Building perimeters shall be heavily landscaped and parking lots shall contain significantly more landscaping than is required for retail commercial parking lots.
7. All new dealerships whose sales consist primarily of new vehicles shall submit a comprehensive sign program application consistent with § 16.38.060. If no sign program is approved, the dealership will be subject to the sign standards of the zone.”
SECTION 15. Section 16.44.230 of the Murrieta Development Code “Wedding/Event Facilities in the RR and ER Districts” is hereby replaced in its entirety to read as follows:
“16.44.230 Wedding/Event Facilities in the RR and ER Districts. 582
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A. Purpose and Intent. It is the purpose and intent of this section to allow a homeowner with a property of five (5) acres or greater to utilize their residence for occasional weddings or events within the RR and ER districts. Implementation of the regulations and standards within this section will ensure that wedding/event facilities in the RR and ER districts will be conducted in an orderly manner that will not result in a change to the residential character of the surrounding community.
The standards contained below will be placed on properties authorized to hold wedding/events within the RR and ER Districts, based on the parcel size and proximity to existing improvements.
B. Wedding/Event Facilities - General. Wedding/event facilities may be allowed on properties of five (5) acres or greater in the RR and ER districts subject to the approval of a minor conditional use permit pursuant to Chapter 16.52 (Conditional Use Permit), in compliance with, but not limited to, the following standards:
1. Parking. Adequate on-site parking facilities, pedestrian and vehicular circulation, and vehicular ingress and egress, shall be provided in compliance with Chapter 16.34 (Off-Street Parking and Loading Standards) and Section 16.44.230.C .
2. Number of Days/Hours of Operation. The director shall impose reasonable restriction on the number of events that can occur during a week, on which days of the week these can occur and the hours of operation. Specific criteria are contained in Section 16.44.230.C.
3. Sanitary Facilities. The director shall determine the appropriate quantity and location for any for sanitary facilities. All facilities shall be located on-site, and shall comply with accessibility requirements and the requirements of the Riverside County Health Department.
Additional criteria are contained in Section 16.44.230.C.
4. Security. Provision for security and safety measures shall be provided, if applicable.
Recent contact information shall be maintained on file with the city at all times.
5. Signs. One externally illuminated monument sign shall be permitted and shall be located at access points to the parcel, subject to the following criteria:
a. Signs are allowed only for frontages adjoining a public street; b. Monument signs shall not be located closer than five feet from a property line; c. The maximum sign area shall be twenty (20) square feet per side and not exceed four (4) feet in height;
d. Signs shall be constructed of natural materials;
e. Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign;
f. The monument sign shall not be illuminated after 10:00 p.m. on evenings when there are no events and shall be turned off at the conclusion of events; 583
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g. Monument signs shall contain an address plate identifying the project or use by specific street address. The address plate shall not exceed four square feet in area. Numbers shall be a minimum of six inches in height. Address plates shall not be calculated against the allowed sign area;
h. Illumination shall be down lit and shall not be allowed to spill over into, or provide glare, to adjacent properties or rights-of-way;
i. On-site directional signage shall be no larger than twelve (12) square feet in area and its design shall be complimentary to the monument sign.
6. Solid Waste Collection and Disposal. The facility shall include provisions for solid waste, recycling and/or disposal with specific criteria contained in Section 16.44.230.C.
7. Other Conditions. The director shall require any other conditions which will ensure the operation of the facility in an orderly and efficient manner and in full compliance with the purpose/intent of this section.
C. Site-Specific Development Performance Standards.
1. Days and Hours of Operation. The site may be used for a maximum of two events per week, unless otherwise modified by the permit approval. No more than two events may occur on sequential dates. All events shall begin after 10:00 a.m. and shall be completed by 12:00 a.m.
2. Noise Levels and Monitoring. Noise levels generated from events shall be subject to the following criteria:
a. All noise generated by the event use shall conform to the thresholds established for Zone II of Table 3-6, Exterior Noise Standards of section 16.30.090 (Exterior Noise Standards), and shall be subject to the provisions contained therein; b. Noise levels for events shall not exceed the city's noise standards, either during set up or as part of the event;
c. The applicant shall monitor and ensure that the noise levels shall not exceed City of Murrieta noise standards;
d. Any noise generating activities shall be terminated at 10:00 p.m.
3. Ancillary Structures.
a. If an ancillary structure is provided as part of the project approval, ancillary structures shall be permanent construction, shall be fully enclosed, or enclosable on four sides, and shall have a roof. Ancillary structures shall be complimentary in terms of size, scale, and materials used on the primary structure on the site;
b. Ancillary structures shall be subject to the setbacks for accessory structures in contained in Table 16.08-1, (Residential Zones General Development Standards Requirements by Individual Zoning District) of section 16.08.020 (Residential Districts General Development Standards) with the exception that structures cannot exceed forty (40) feet in height, and be no larger than 7,500 square feet in size.
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4. On-site Parking Requirements.
a. All on-site parking areas do not need to be paved; however, they must be stabilized in order to minimize any off-site dust impacts and for compliance with water quality control purposes;
b. Adequate parking must be provided based on maximum occupancy of site. Occupancy will be determined based on the seating capacity of the special event; c. If buses or limousines are proposed for off-site transport, adequate drop off and pick up locations must be provided on site.
5. Location Requirements. Any parcel where a facility is proposed shall have access to a paved and maintained public street.
6. Solid Waste Collection and Disposal. On-site waste collection shall be located onsite as to not create any off-site noise, odors or nuisances. Solid waste shall be removed from the site within forty-eight (48) hours of any event.
7. Sanitary Facilities. Any potable sanitary facilities shall not be located any closer than twenty-five (25) feet from an adjacent property with a residential use. Sanitary waste shall be removed from the site within 48 hours of any event, or determined through the minor conditional use permit.”
SECTION 16. Subsection C(3)(e)(ii) of Section 16.44.250 of the Murrieta Development Code “Cannabis and Hemp Use” is hereby amended to read as follows:
“ii. A Medicinal Cannabis Delivery Service (Physic al Delivery Logistics Location) shall not be located within 500 feet of a sensitive uses. or any other medicinal cannabis delivery business location. Distance specified in this subsection shall be measured by the horizontal distance measured in a straight line from the property lines of where the delivery-only medicinal cannabis operator is to be located to the property line of the potential sensitive use. For business condominiums, this measurement would be taken from outer boundaries of the common parcel where the structure is located and not from the building. Sensitive uses for purposes of this Section include:
A. Residential zones or private residences.
B. Public or private schools.
C. Daycare centers.
D. Churches.
E. Public parks.
F. Youth activity centers.
G. Large medical centers.
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H. Any other medicinal cannabis delivery service business.”
SECTION 17. Section 16.46.040 of the Murrieta Development Code “Planning Commission” is hereby deleted in its entirety.
SECTION 18. Section 16.90.020 of the Murrieta Development Code “Final Review Authority” is hereby replaced in its entirety to read as follows:
“16.90.020 Final Review Authority.
A. City Engineer. The city engineer shall have final authority in the approval, conditional approval or disapproval of certificates of compliance, lot line adjustments, final map approvals, and parcel mergers.
B. Commission. The commission shall have final authority in the approval, conditional approval or disapproval of reversions to acreage, tentative parcel maps, tentative tract maps, and vesting tentative maps.
C. Council. The commission shall act as the appeal body for director and city engineer decisions unless a different review authority is established by the city council, while the council shall act as the appeal body for hearing appeals pertaining to all commission decisions, in compliance with Chapter 16.78 (Appeals).”
SECTION 19. Section 16.90.040 of the Murrieta Development Code “City Engineer” is hereby amended to read as follows:
“The city engineer shall be responsible for the following:
A. Final and Parcel Maps. The processing of final and parcel maps; B. Subdivision Improvements. Determining if proposed subdivision improvements comply with the provisions of this article, the subdivision map act and city adopted improvement standards;
C. Construction Details. Establishing design and construction details, improvement standards and specifications;
D. Application Processing. Processing of certificates of compliance, lot line adjustments, mergers/unmergers, and correction and amendment of maps; E. Inspection and Approval. The inspection and approval of subdivision improvements; F. Collection of Fees. Collection of applicable engineering/plan check fees, deposits, establishment of security amounts, improvement bonds, and other financial provisions; G. Acceptance by the City. Acceptance by the city of lands proposed for dedication to the city by means other than final map;
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H. Improvement Agreements. Execution of improvement agreements on behalf of the city in conformance with tentative subdivision maps approved by the council; and I. Time Extensions. Approval of time extensions for installation of improvements required by subdivision agreements.”
SECTION 20. Section 16.98.040 of the Murrieta Development Code “Survey Required” is hereby replaced in its entirety to read as follows:
“ A. Complete Survey. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor.
B. Survey Elements. All alleys, blocks, centerlines of streets, curves, easements, monuments, parcels, and property lines adjoining or within the subdivision shall be tied into the survey.
C. Adjoining Properties. All adjoining properties shall be identified by block, parcel, property owners, and tract designation.
D. Error of Closure. The allowable error of closure on any portion of the final map shall be in compliance with the requirements of the county surveyor.
E. Net Acreage. Parcels containing one acre or more shall show net acreage to the nearest one-one hundredth.
F. Setting of Monuments. At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards required by state law (Business and Professions Code Section 8771) so that another engineer or surveyor may readily retrace the survey, in compliance with state law (Government Code Sections 66495 and 66496). At least one exterior boundary line shall be monumented before recording the final map.
Every final map shall show the following monuments:
1. Boundary monuments. The exterior boundary of the subdivision shall be monumented with permanent monuments not smaller than two-inch iron pipes at least twenty-four (24) inches long set at each corner and at intermediate points along the boundary not more than one thousand (1,000) feet apart and at the beginning and end points of all curves. If any existing record and identified monument meeting the foregoing requirements is found at any corner or point, the existing monument(s) may be used in lieu of a new monument;
2. Lot corner monuments. All lot corners, except when coincident with exterior boundary corner, shall be monumented with permanent monuments of one of the following types:
a. Three-quarter-inch diameter iron pipe at least twelve (12) inches long; b. One-half-inch diameter steel rod at least twelve (12) inches long; or c. Lead plug and copper identification disks set in concrete sidewalks or curbs.
3. Additional monuments to mark the limiting lines of streets as the city engineer may require;
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4. All other monuments set or proposed to be set.
a. The subdivider shall cause the foregoing monuments to be set by a licensed surveyor or engineer.
b. All monuments and their installation shall conform to city standards. c. All of the foregoing monuments shall be set before the approval of the map by the city engineer unless the setting thereof is deferred in compliance with state law (Subdivision Map Act Section 66496). However, the setting of exterior boundary monuments shall not be deferred unless the city engineer determines that the monuments might be disturbed by the construction of the improvements.
d. Where the setting of monuments is deferred following filing of a final map, the monuments shall be set within thirty (30) days after the completion of the required improvements and before the acceptance by the city. The setting of monuments shall not be deferred if a parcel map is filed unless expressly allowed by the city engineer.”
SECTION 21. Section 16.110.020 of the Murrieta Development Code “Definitions of Specialized Terms and Phrases” is hereby updated to add the following new definition in alphabetical order:
“Gross floor area (GFA). Means the total area of all floors of a building, as measured to the outside surfaces of exterior walls. Gross floor area includes halls, stairways, elevator shafts, on grade, semi-subterranean, and subterranean garages, lofts and mezzanines, basements, and finished or habitable attics, except as otherwise defined or exempted in a specific Section of this Title. For the purposes of calculating GFA for all residential dwelling units, outdoor roof deck or balcony areas open to the sky or covered by patio cover or similar structure, when enclosed on all sides by a parapet, solid railing or building wall greater than three feet six inches (3'-6") in height, shall be included. However, open areas within the building above normal ceiling height shall not be calculated.”
SECTION 22. Section 1.26.070 of the Murrieta Municipal Code “Appeal of Administrative Citation” is hereby replaced in its entirety to read as follows:
“Any recipient of an administrative citation may contest that there was a violation of the Murrieta Municipal Code, or that he or she is the responsible person, by submitting a written request for a hearing, and returning it to the designated collector as noted on the citation, within thirty (30) days from the date of the issuance of the administration citation, together with an advanced deposit of the fine. Any administrative citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation.”
SECTION 23. Section 8.28.160 of the Murrieta Municipal Code “Enforcement. Unlawful and Prohibited Acts – Removal of Refuse” is hereby replaced in its entirety to read as follows:
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“No person, other than the person in charge of any premises, or the person authorized by law to remove any container or bin from the location where the container was placed by the person in charge of storage or collection shall remove any refuse from any container or bin, or move the container or bin from the location in which it was placed for storage or collection, without the prior written approval of the person in charge of such premises.”
SECTION 24. Section 8.28.170 of the Murrieta Municipal Code “Enforcement” is hereby replaced in its entirety to read as follows:
“A. Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by the enforcement official in accordance with 14 CCR Section 18995.4. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The city’s procedures on imposition of administrative fines set forth in this code are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter. Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The city may pursue civil actions in the state courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.
Notwithstanding the foregoing, in addition to any notice of violation, for incidences of prohibited container contaminants found in containers, city or its authorized collector will issue an informational notice of contamination to any generator or responsible party found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag, electronic notice, or other communication immediately upon identification of the prohibited container contaminants or within sixty (60) days after determining that a violation has occurred.
Prohibited container contaminants in a responsible party’s containers on more than three (3) consecutive occasions may subject the generator to a contamination processing fee or enforcement action.
B. Enforcement pursuant to this chapter may be undertaken by the enforcement official.
C. Fines for violations. The fines for violations of the provisions of this chapter are as follows, subject to modifications by resolution of the city council:
1. For a first violation, the penalty shall be one hundred dollars ($100) per violation.
2. For a second violation, the penalty shall be two hundred dollars ($200) per violation.
3. For a third or subsequent violation, the penalty shall be five hundred dollars ($500) per violation.
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D. Compliance deadline extension considerations. The city may extend the compliance deadlines set forth in a notice of violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. Acts of God such as earthquakes, pandemics, epidemics, wildfires, flooding, and other emergencies or natural disasters;
2. Delays in obtaining discretionary permits or other government agency approvals; or
3. Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.”
SECTION 25. Section 10.44.020 of the Murrieta Municipal Code “Parking prohibitions for certain vehicles” is hereby replaced to read as follows:
“It is unlawful for any person to park or leave standing on any private or public property within residential or commercial zoning districts of the city, the following types of vehicles: any commercial vehicle, oversized vehicle, recreational vehicle, vessel, or non-self-propelled vehicle, as defined in Chapter 10.08 and 10.32 of this code, and similar such vehicles, unless as specifically allowed and described herein:
A. It is unlawful to park, keep, or store any oversized vehicle, recreational vehicle, non-self- propelled vehicle, vessel, or similar such vehicles, within any portion of the front yard setback, as defined by this code. Except that, if such vehicles are kept, parked, and stored permanently on private property, other than the front yard setback, they shall be screened from view to the required fence height allowed by this code. Wrought iron fencing, landscape material, and lattice shall be considered as acceptable screening materials. Recreational vehicles shall be allowed for a total of forty-eight (48) hours before and after a recreational trip only, and not in combination with any other public right-of-way parking exemption. This provision shall not apply to commercial vehicles weighing ten thousand (10,000) pounds or less, and/or having a width of ninety-two (92) inches or less, and/or having a length of twenty-one (21) feet or less, and/or having a height of eight (8) feet or less, if such vehicle is parked on an approved surface in the front yard setback and is limited to two such vehicles per residence.
B. It is unlawful to park, keep, store or leave standing, any trailer or semitrailer having a gross vehicle weight of ten thousand (10,000) pounds or more on public or private property within a residential zoning district of the city; unless, specifically in the performance of duties related to the picking up or delivering of merchandise, goods, wares; or, providing service to such building or structure for which an actual and bona fide repair, alteration, remodel, or construction has been allowed by a building permit.
C. It is unlawful to park or leave standing any truck, tractor, trailer or semitrailer as defined in the California Vehicle Code, or other commercial vehicle having a manufacturer's gross weight bearing of ten thousand (10,000) pounds or more, as defined in the California Vehicle Code, on private or public property within a residential zoning district; unless, specifically in the performance of duties related to the picking up or delivering of merchandise, goods, wares; or, 590
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providing service to such building or structure for which an actual and bona fide repair, alteration, remodel or construction has been allowed by a building permit, as defined in Section 35703 CVC.
D. It is unlawful to park, keep, store, or leave standing (i.e., park), any passenger vehicle or vehicles as described in Chapter 10.08, on private or public property within the City as described in Chapter 10.32. Parking of vehicles, and in the manner described in Chapter 10.32, shall occur on pre-engineered load-bearing surfaces. Parking on unimproved or non-paved lots is prohibited.
This last provision shall not be applicable at Rural Residential (RR) and Estate Residential (ER- 1) zoned parcels.
E. It is unlawful to park, keep, store or leave standing on any public or private property within residentially zoned districts, any vehicle which contains any hazardous material as defined in Section 353 of the California Vehicle Code. Vehicles which emit noxious, objectionable odors, or are left in a condition which harbors vermin, or provides for the conditions for pestilence to occur shall also be prohibited in residential districts. Vehicles used to transport animals shall comply with Subsection A of this Chapter.
F. It is unlawful to park or leave standing any vehicle on a residential lot, or on any portion of the front yard setback such that the vehicle(s) obstructs the vision of an adjoining property occupant in obtaining access to or from a public right-of-way. Upon determination that the obstruction creates a potential safety hazard, such vehicles may be required to be relocated or removed from the neighboring site.
G. It is unlawful to park, store, or leave standing an inoperative, abandoned, wrecked, or dismantled vehicle, or any part thereof, on any portion of a front yard setback; except during the first seventy-two (72) hours during which a vehicle is mechanically disabled. Car covers shall not be an exception to an inoperative vehicle. It is unlawful to park, or store a vehicle in an elevated position, on blocks, stands, jacks or any other lifting device, in any portion of the front yard setback, or in a location visible from any public right-of-way or street, except as allowed by Section 8.20.030(P)(5)(d) of this Code.”
SECTION 26. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its adoption.
SECTION 27. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, an d to this end the provisions of this ordinance are declared to be severable.
SECTION 28. NOTICE OF ADOPTION.
This Ordinance shall become effective on the thirty-first (31st) day after its passage and adoption, and within fifteen (15) days after its final p assage and the City Clerk shall cause it to be posted and published in a newspaper of general circulation, printed, published and circulated in the City in the manner required by law and shall cause a copy of this Ordinance and its certification, to be 591
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entered in the Book of Ordinances of the City.
SECTION 29. CEQA EXEMPTION.
The “Project” has been evaluated pursuant to the California Environmental Quality Act (CEQA), and it has been determined that the amendments will have no significant adverse impacts on the environment. The proposed Development Code and Municipal Code Amendments are exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines, as the proposed Development Code revisions wou ld have no significant adverse effects on the environment. The changes being considered in the ordinance amendments are intended to address updated code enforcement processes, processing requirements for Final Maps, updated definitions, removing minor planning processes that are no longer utilized, minor updates to parking and signage, notification updates as provided through Fire Department, as it relates to implementation at a local government level, and development code errors and inconsistencies, and st reamline permit processing without undermining or minimizing CEQA review of discretionary permits. The amendments to the Municipal Code implement updates to existing timelines as it relates to administrative citations, refuse removal, enforcement mechanisms, and updates for driveway surface parking standards. Therefore, the Ordinance Amendments are exempt under Section 15061(b)(3).
SECTION 30. CEQA FILING.
The City Council hereby directs staff to prepare, execute, and file with the Riverside County Clerk and the State of California Office of Planning and Research. A notice of exemption within five (5) working days of the adoption of this Ordinance.
PASSED AND ADOPTED this ____ day of _______, 2024.
_______________________________
Lori Stone, Mayor
ATTEST:
____________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
____________________________
Tiffany J. Israel, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Ordinance No. 610-24 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the ___ day of _______, 202__, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cristal McDonald, City Clerk
I, Cristal McDonald, City Clerk of the City of Murrieta, California further certify that Ordinance No. 610-24 was duly published according to law and the order of the City Council of said City and the same was so published in Press Enterprise, a newspaper of general circulation on the following date(s):
Adopted Ordinance: , 2024.
In witness whereof, I have hereunto subscribed my name this __ day of ______________, 2024.
Cristal McDonald, City Clerk
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ATTACHMENT 2
ORDINANCE REDLINE
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MURRIETA, CALIFORNIA, AMENDING TITLE 16 OF THE MURRIETA DEVELOPMENT CODE TO REVISE CHAPTERS 16.18, 16.22, 16.30,
16.34, 16.38, 16.44, 16.46, 16.90, 16.98, AND 16.110, AND AMENDING TITLES 1, 8, AND 10 OF THE MURRIETA MUNICIPAL CODE TO
REVISE CHAPTERS 1.26, 8.28, AND 10.44
[RECITALS OMMITTED – SEE ATTACHMENT 1]
SECTION 3. DEVELOPMENT CODE AMENDMENT
Section 16.18.070 “Hazardous Materials Storage” of the Murrieta Development Code is hereby amended to read as follows:
“16.18.070 Hazardous Materials Storage.
The following standards are intended to ensure that the use, handling, storage, and transportation of hazardous substances comply with all applicable state laws (Government Code Section 65850.2 and Health and Safety Code Section 25505, et seq.) and that appropriate information is reported to the city.
A minor conditional use permit is required pursuant to Chapter Section 16.52 (Conditional Use Permits) for the storage of hazardous materials in conjunction with an on-site primary use where quantities are in excess of the threshold(s) specified in the uniformCalifornia Building and Fire Code(s) building code.
For the purposes of this section, "hazardous substances" shall include all substances on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Health Services and the Riverside County Department of Environmental Health.
A. Reporting Requirements. All businesses required by state law (Health and Safety Code, Section 6.95) to prepare hazardous materials release response plans shall submit copies of these plans, including any revisions, to the director at the same time these plans are submitted to the fire department and the Riverside County Department of Environmental Health.
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B. Underground Storage. Underground storage of hazardous substances shall comply with all applicable requirements of state law (Health and Safety Code, Section
6.7; and Section 79.1 13(a) Chapters 50 – 67 of the uniform fire code)California Fire Code and Sections 414 and 415 of the California Building Code. Businesses that use underground storage tanks shall comply with the following notification procedures:
1. Immediately Nnotify the fire department of any unauthorized release of hazardous substances immediately and take steps necessary to control the release; and
2. Notify the tire fire department and the director of any proposed abandoning. closing, or ceasingtermination of operations of an underground storage tank(s) and the lawful actions to be taken to dispose of any hazardous substances in accordance with all local, state, and federal codes and/or standards.
C. Aboveground Storage. Aboveground storage tanks for flammable liquids may be allowedpermitted at construction sites subject to the approval of the fire departmentcode official.
D. New Development. Structures subject to the provisions of this development code as well as all newly created parcels shall be designed to accommodate a setback of at least fifty (50) feet from any existing natural gas or petroleum pipeline. This setback may be reduced, only if the director can make one or more of the following findings:
1. The structure would be protected from the radiant heat of an explosion by berming or other physical barriers;
2. A fifty (50) foot setback would be impractical or unnecessary because of existing topography, streets, parcel lines, or easements; or
3. A containment system or other mitigating facility shall be constructed. and the city engineer finds that a leak would accumulate within the reduced setback area. The design of the system shall be subject to the approval of the city engineer and a fire code official approved by the fire protection engineer.
For the purpose of this section, a pipeline is defined as follows:
1. A pipe with a nominal diameter of six inches or more that is used to transport hazardous liquid, but does not include a pipe used to transport or store hazardous liquid within a refinery, storage, or manufacturing facility; or
2. A pipe with a nominal diameter of six inches or more operated at a pressure of more than two hundred seventy-five (275) pounds for each square inch that carries gas.
E. Notification Required. A subdivider of a development within five hundred (500) feet of a pipeline shall notify a new/potential owner at the time of purchase and at the close of escrow of the location, size, and type of pipeline.”
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Section 16.18.150, Tables 3 -1 “Multi-Family Development Minimum Common Storage Areas Required (Sq. Ft.) ” and 3 -2 “Nonresidential Structures Minimum Storage Areas Required (Sq. Ft.)” of the Murrieta Development Code are hereby amended to read as follows:
“TABLE 3-1
MULTI-FAMILY DEVELOPMENT MINIMUM COMMON STORAGE AREAS
REQUIRED (SQ. FT.)
TABLE 16.18.150-1
MULTI-FAMILY DEVELOPMENT MINIMUM COMMON STORAGE AREAS
REQUIRED (SQ. FT.)
Number of
Dwellings
Refuse Recycling Total Area
2-6 12 12 24
7-15 24 24 48
16-25 48 48 4896
25 or more Every additional twenty-five (25) dwellings or fraction thereof shall require an additional forty-eight (48) square feet for solid waste and forty-eight (48) square feet for recyclables. …
TABLE 3-2
NONRESIDENTIAL STRUCTURES MINIMUM STORAGE AREAS REQUIRED (SQ.
FT.)
TABLE 16.18.150-2
NONRESIDENTIAL STRUCTURES MINIMUM STORAGE AREAS REQUIRED (SQ.
FT.)
Building Floor Area
(sq. ft.)
Refuse Recycling Total Area
0-5,000 12 12 24
5,001-10,000 24 24 48
10,001-25,000 48 48 96
25,001-50,000 96 96 192
50,001-75,000 144 144 288
75,001-100,000 192 192 384
100,001+ Every additional twenty-five thousand (25,000) sq. ft. shall require an additional forty-eight (48) sq. ft. for solid waste and forty-eight (48) sq. ft. for recyclables.
“
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Section 16.22.080 “Prohibited Fence Materials” of the Murrieta Development Code is hereby amended to read as follows:
“16.22.080 Prohibited Fence Materials.
A. Prohibited Fencing Materials.
1. Barbed wire, razor wire and other similar materials shall not be permitted as part of a fence or wall except as utilized for permitted agricultural and livestock operations in any residential zoning district; and
2. The use of chain-link fencing shall not be allowed within the front yard setback on a residentially zoned, except in the RR and RE zones or developed property along a property line adjacent to a street.
3. Barbed wire, razor wire, and similar materials installed prior to the effective date of Ordinance No. ___ shall be allowed to continue to be utilized for security purposes.
B. Exceptions to Prohibited Fencing Materials. Chain-link fences, may be allowed when required for security or safety reasons, subject to the director's approval, which shall be conditioned to mitigate negative visual impacts. The conditions may include, but are not limited to, the following:
1. Inclusion of decorative elements (i.e., varied mesh sizes, vinyl or other coating and alternative post materials);
2. Inclusion of landscaping or alternative fence locations; and
3. Maintenance of fencing materials and landscaping.”
Section 16.30.130 “Acts Deemed Violations of Chapter” of the Murrieta Development Code is hereby amended to read as follows:
“16.30.130 Acts Deemed Violations of Chapter.
The following acts are a violation of this chapter.
A. Construction Noise.
1. Operating or causing the operation of tools or equipment used in construction, drilling, repair, alteration, or demolition work between weekday hours of eight p.m. and seven a.m., or at any time on Saturdays, Sundays, or holidays so that the sound creates a noise disturbance across a residential or commercial property line, except for emergency work of public service utilities.”
Section 16.34.040 “Table 3-7 Parking Requirements by Land Use” of the Murrieta Development Code is hereby amended to read as follows:
“..
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TABLE 3-7
PARKING REQUIREMENTS BY LAND USE
Agricultural Uses Vehicle Spaces Required
Produce Stands (Issued by
Temporary Use Permit)
Minimum of 3 on-site parking spaces.
The parking area shall be set back from any
public right-of-way in compliance with the
underlying zone. This area shall be kept clear
to provide unobstructed visibility for motorists.
Agriculture Processing 1 per 1,500 sq. ft. of use area.
The parking area shall be set back from any
public right-of-way in compliance with the
underlying zone. This area shall be kept clear
to provide unobstructed visibility for motorists.
Equestrian Facilities 1 per 3 corrals plus 1 horse trailer space for every 10 corrals plus 2 for a caretaker’s unit.
The parking area shall be set back from any
public right-of-way in compliance with the
underlying zone. This area shall be kept clear
to provide unobstructed visibility for motorists.
..”
Section 16.38.080 “Prohibited Signs” of the Murrieta Development Code is hereby amended to read as follows:
“16.38.080 Prohibited Signs.
The following signs are inconsistent with the purposes and standards of this chapter and are, therefore, prohibited in all zoning districts:
A. Abandoned and/or dilapidated signs and sign structures; B. Animated, moving, flashing, blinking, reflecting, revolving, or other similar signs, except time/temperature devices;
C. Banners, flags, and pennants, except as specifically allowed by the provisions of Section 16.38.055 (Temporary Commercial Signs);
D. Bench signs, except at approved bus passenger loading areas in areas other than single-family single family residential districts;
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E. Changeable copy signs, except as approved for a civic organization/institution, movie theater, regional mall, auto center, or unless otherwise approved by a sign program, or as allowed pursuant to Section 16.38.020 (C)(Message Substitution); F. Inflated signs, balloons, and figures;
G. Light bulb strings except for temporary uses (e.g., Christmas tree lots) and, exposed tubing (neon), and light-emitting diode (LED) or similar lighting technology, except as allowed by a comprehensive sign program;
H. Obscene or offensive signs containing statements, words, or pictures of an obscene, indecent or immoral character which appeal to the prurient interest in sex, or which are patently offensive and do not have serious literary, artistic, political, or scientific value;
I. Off-site signs not specifically allowed by the provisions of this chapter, including billboards and outdoor advertising not specifically authorized pursuant to Section 16.38.150;
J. Painted signs on fences, walls or roofs;
K. Portable signs, this provision does not apply to noncommercial signs; L. Pole signs;
M. Projecting signs:
N. Roof signs;
O. Signs erected in a manner that a portion of its surface or supports will interfere in any way with the free use of a fire escape, exit, or standpipe or obstruct a required ventilator, door, stairway, or window above the first story; P. Signs not in compliance with the provisions of this chapter; Q. Signs emitting audible sounds, odors, or visible matter; R. Signs that conflict with or imitate traffic control devices due to color, wording, design, location or illumination, or that interfere with the safe and efficient flow of vehicular and/or pedestrian traffic;
S. Signs on public property or projecting within the public right-of-way, except with an encroachment permit issued by the city;
T. Signs which are a danger to the public or are unsafe; U. Signs which are a traffic hazard not created by relocation of streets or highways or by acts of the city;
V. Vehicle signs; or
W. Illegal Signs pursuant to Section 16.38.085.”
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Section 16.38.140 “Table 3-11 Sign Standards-Residential” of the Murrieta Development Code is hereby amended to read as follows:
“TABLE 3-1116.38.140-1
SIGN STANDARDS-RESIDENTIAL SIGN STANDARDS - RESIDENTIAL
CLASS SIGN
TYPE
NUMBER SIGN
AREA
HEIGHT REMARKS
Neighborhood
identification
Wall or
monument
Two per
entry (one at
each corner)
Twenty-
four
(24)
square
feet
Six feet
for wall
sign and
four feet
for
monument
sign.
1. Copy shall be
limited to the name
of the development.
Multi-family
identification
Wall
Monument
One per
street
frontage with
a maximum
of two per
development.
One per
street
frontage with
a maximum
of two per
development.
Twenty-
four
(24)
square
feet
Twenty-
four
(24)
square
feet
Sign shall
not project
above the
edge of
roof
Six feet
1. Signs shall
harmonize with the
scale and design of
the development.
2. Indirect lighting
only.
3. Monument
signs shall be
placed no closer
than five feet from
the property line.
Corner locations
shall be approved
by city engineer.
Multi-family
identification
Wall One per
street
frontage with
a maximum
of two per
development.
Twenty-
four
(24)
square
feet
Sign shall
not project
above the
edge of
roof
1. Signs shall
harmonize with the
scale and design of
the development.
2. Indirect lighting
only.
3. Monument
signs shall be
placed no closer
than five feet from
Monument One per
street
frontage with
a maximum
of two per
Twenty-
four
(24)
square
Six feet
600
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development. feet the property line.
Corner locations
shall be approved
by city engineer.
4. Refer to the
Objective Design
Guidelines (ODS)
for additional
criteria.
Multi-family
site directory
Monument One per
vehicular
entrance
Twelve
(12)
square
feet
Six feet 1. To direct
visitors and
emergency
vehicles to
buildings.
2. Sign shall be
conveniently
located and shall
not be located
within the entry
throat in a manner
that could block
access.
3. Illuminated for
legibility twenty-four
(24) hours a day.
4. Sign shall
locate building,
driveway locations,
and address of
each building. Fire
hydrant or knox box
locations may also
be shown as
required by the fire
department.
5. Copy shall be
minimum one inch
in height and
legible from twenty
(20) feet.
6. Refer to the
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Objective Design
Guidelines (ODS)
for additional
criteria.
Model home
complex
Temporary
sign on-
site
Two on-site
temporary
signs
permitted.
One each
main street
of project.
One
hundred
(100)
square
feet
Fifteen
(15) feet
1. Signs shall be
removed within ten
days from the date
of the final sale of
the land and/or
residences.
2. Signs shall be
for identification of
subdivision, price
information, and
the developers
name, address,
and telephone
number.
Flags,
banners,
pennants
Per director Per
director
Per
director
Real
estate
signs
One per lot Four
square
feet
Seven
feet
1. See Section
16.38.050(C).
Non-
residential
uses
1. Subject to the
Civic/Institutional
sign allowances.
“
“WALL SIGN STANDARDS-NON RESIDENTIAL
TABLE 16.38.140-2
WALL SIGN STANDARDS - NON-RESIDENTIAL
PRIMARY FRONTAGE NON-PRIMARY FRONTAGE
1.5 square feet per 1 lineal foot of
frontage not to exceed 250 square feet
of sign area
1 square feet per 1 lineal foot of
frontage not to exceed 150 square
feet of sign area
“
“FREESTANDING SIGN STANDARDS-COMMERCIAL and INDUSTRIAL
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TABLE 16.38.140-3
FREESTANDING SIGN STANDARDS – COMMERCIAL, INDUSTRIAL, OFFICE,
BUSINESS PARK, AND INNOVATION
MONUMENT PYLON FREEWAY SIGNS REMARKS
All
Commercial
zones (NC,
CC, RC)
Single
tenant
One sign; 24
sq.ft.in sign
area per
side; 8' max
height.
If more than
300 lineal
feet of street
frontage one
Pylon sign;
60sq.ft.max
sign area
and 12' max
height.
Up to 25 acres in
size - 1 sign,
225sq.ft.max sign
area; 40' max
height.
>25 acres - 1 sign,
500sq.ft max sign
area; 60' max
height.
*1000 ft. from other
freeway signs with
digital display or 500
feet from any other
freeway signs on the
same side of the
street, includes
signs of different
parcels/development
. Within 150 ft. of
freeway right-of-
way. All freeway
signs shall include
the City's name and
logo.
1. Digital
display is
permitted on
one
freestanding
sign per
center and
shall occupy
a max of
20% of that
sign's area.
2. One
monument
and/or pylon
sign per
development
shall include
the center's
name. This
sign area
will not
count
towards the
overall
allowed
signage
area of said
sign.
3. If project
site is
located on
comers of
major
arterials it is
subject to
section
16.38.130.
Multi-tenant One per
street
frontage; 50
>2.5 up to 6
acres - 1
max; 60 sq.
Up to 25 acres in
size - 1 sign,
1. Digital
display is
permitted on
603
11 of 48
sq. ft. in sign
area per
side; 10' max
height. If
more than
300 lineal
feet of
frontage one
additional
sign is
allowed
along one
frontage.
Signs shall
have a 200
foot
separation
from any
other signs.
ft.max sign
area and 12'
max height
>6acres<10-
2 max; one
per street
frontage;
200-foot
separation
froip all other
signs; 60
sq.ft. max
sign area; 12'
max height.
>10acres<25
- 3 Max; at
100 sq. ft.
max sign
area; 20'
max height;
200-foot
separation
from all other
signs.
>25 acres
- 4 max; 200
sq. ft. max
sign area; 25'
max height;
200-foot
separation
from all other
signs. If
project site
has more
than 1200
lineal feet of
street
frontage one
additional
pylon is
allowed.
225sq.ft. sign area;
40' max height.
>25 acres - 1 sign,
500sq.ft. max sign
area; 60' max
height.
*1000 ft. from other
freeway signs with
digital display or 500
feet from any other
freeway signs on the
same side of the
street, includes
signs of different
parcels/development
. Within 150 ft. of
freeway right-of-
way. All freeway
signs shall include
the City's name and
logo.
one
freestanding
sign per
center and
shall occupy
a max of
20% of that
sign's area.
2. One
monument
and/or pylon
sign per
development
shall include
the center's
name. This
sign area
will not
count
towards the
overall
allowed
signage
area of said
sign.
3. If project
site is
located on
corners of
major
arterials it is
subject to
section
16.38.130.
Office (O
and ORP)
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Business
Park and
Industrial
(BP, GI,
and GIA)
Single
tenant
One sign; 24
sq.ft.in sign
area per
side; 6' max
height.
Not Allowed Not Allowed 1. Digital
display is
permitted on
one
freestanding
sign per
center and
shall occupy
a max of
20% of that
sign's area.
2. One
monument
and/or pylon
sign per
development
shall include
the center's
name. This
sign area
will not
count
towards the
overall
allowed
signage
area of said
sign.
3. If project
site is
located on
corners of
major
arterials it is
subject to
section
16.38.130.
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Multi-tenant One per
street
frontage; 50
sq. ft. in sign
area per
side; 10' max
height. If
more than
300 lineal
feet of
frontage one
additional
sign is
allowed
along one
frontage.
Max of 3
monument
signs
allowed.
Signs shall
have a 200
foot
separation
from any
other signs.
>2.5 acres
up to 25
acres - 1
max; 60 sq.
ft. max sign
area; 12 ft.
max height.
>25 acres
- 2 max; one
per street
frontage with
100 sq. ft.
max sign
area; 20 ft.
max height
Signs shall
have a 200
foot of
separation
from any
other signs
1 max 225sq.ft. in
sign area; 40' max
height
* 1000 ft. from other
freeway signs with
digital display or 500
feet from any other
freeway signs on the
same side of the
street, includes
signs of different
parcels/development
. Within 150 ft. of
freeway right-of-
way. All freeway
signs shall include
the City's name and
logo.
1. Digital
display is
permitted on
one
freestanding
sign per
center and
shall occupy
a max of
20% of that
sign's area.
2. One
monument
and/or pylon
sign per
development
shall include
the center's
name. This
sign area
will not
count
towards the
overall
allowed
signage
area of said
sign.
3. If project
site is
located on
corners of
major
arterials it is
subject to
section
16.38.130.
Office (O and ORP), Business Park, Industrial (BP, GI, and GIA), Innovation (INN)
Single
tenant
One sign; 24
sq.ft.in sign
area per
side; 6' max
height.
Not Allowed Not Allowed 1. Digital
display is
permitted on
one
freestanding
sign per
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center and
shall occupy
a max of
20% of that
sign's area.
2. One
monument
and/or pylon
sign per
development
shall include
the center's
name. This
sign area
will not
count
towards the
overall
allowed
signage
area of said
sign.
3. If project
site is
located on
corners of
major
arterials it is
subject to
section
16.38.130.
Multi-tenant One per
street
frontage; 50
sq. ft. in sign
area per
side; 10' max
height. If
more than
300 lineal
feet of
frontage one
additional
sign is
allowed
>2.5 acres
up to 25
acres - 1
max; 60 sq.
ft. max sign
area; 12 ft.
max height.
>25 acres
- 2 max; one
per street
frontage with
100 sq. ft.
max sign
1 max 225sq.ft. in
sign area; 40' max
height
* 1000 ft. from other
freeway signs with
digital display or 500
feet from any other
freeway signs on the
same side of the
street, includes
signs of different
parcels/development
. Within 150 ft. of
freeway right-of-
1. Digital
display is
permitted on
one
freestanding
sign per
center and
shall occupy
a max of
20% of that
sign's area.
2. One
monument
and/or pylon
607
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along one
frontage.
Max of 3
monument
signs
allowed.
Signs shall
have a 200
foot
separation
from any
other signs.
area; 20 ft.
max height
Signs shall
have a 200
foot of
separation
from any
other signs
way. All freeway
signs shall include
the City's name and
logo.
sign per
development
shall include
the center's
name. This
sign area
will not
count
towards the
overall
allowed
signage
area of said
sign.
3. If project
site is
located on
corners of
major
arterials it is
subject to
section
16.38.130.
TABLE 16.38.140-4
SIGN STANDARDS - CIVIC/INSTITUTIONAL
WALL MONUMENT PYLON FREEWAY REMARKS
Civic/
Institutional
1 per
building
frontage
facing a
public
street; max
2 wall
signs; with
a max sign
area of 200
square
feet.
One sign per
street frontage;
24 sq.ft.in sign
area per side;
6' max height.
“
Section 16.44.040 “Animal Keeping” of the Murrieta Development Code is hereby amended to read as follows:
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“16.44.040 Animal Keeping.
The purpose of this section is to ensure that the raising and maintenance of animals does not create an adverse impact on adjacent properties by reason of dust, noise, visual blight, odor, fumes, bright lights or insect infestations.
A. Pre-existing Uses. Any legally established noncommercial and nonconforming animal keeping use that be-came nonconforming upon adoption of this development code, shall be permitted to continue subject to Chapter 16.32 (Nonconforming Uses, Structures, and Parcels).
B. Existing Lots of Record. Animals may be kept on legally established lots of record that are less than the minimum lot size reference in Table 16.44.040-1 subject to compliance with setback regulations of the underlying zoning district and subject to approval by the director.
C. Permitted Uses. Animal keeping uses allowed in Article II (Zoning Districts and Allowable Land Uses), shall comply with the standards provided in Table 16.44.040-1 below and with all other standards and requirements of this section and with all other applicable ordinances and regulations.
D. Exempt Uses. All permitted kennels shall be ruled exempt from the standards contained in Table 16.44.040-1, Animal Keeping Standards, and all other standards and requirements of this section.
E. Animal Keeping Standards.
1. The following standards shall apply to all animal keeping uses, where allowed within the residential zoning districts:
TABLE 16.44.010-1
ANIMAL KEEPING STANDARDS
Type of Animal Allowable Zoning
District
Maximum Number
of Animals per Site
Minimum Lot Size
Apiary (bees) RR, ER n/A One-half (1/2) acre
Aviary RR, ER Fifty (50) birds per
acre; more than fifty
(50), subject to CUP
One-half (1/2) acre
Cats or dogs All zones Four animals each None
All zones Eight animals total Two acres
Chickens RR, ER, SF1 4
12 7,200 sq. ft. to .49
acre
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30 .5 to 1 acre
>1 acre
Chinchilla, nutria,
hamsters, guinea pigs,
cavy and similar small
animals (raising for
commercial purposes)
RR, ER Subject to a CUP One acre
Exotic or wild animals RR, ER Subject to a CUP One-half (1/2) acre Frog farm RR, ER Subject to a CUP One acre
Household pets (e.g.,
birds, domesticated
rodents, non- poisonous
reptiles)
All zones No maximum None
Poultry, fowl (not including
chickens)
RR, ER Thirty (30) animals
per acre
One-half (1/2) acre
Pot belly pigs (les than
eighty (80) lbs.)
All zones Four pigs Five thousand
(5,000) sq. ft.
Large (e.g., equine,
bovine, bison or similar
sized animals)
RR, ER Five per acre One-half (1/2) acre
Medium (e.g., sheep,
goats, and similar sized
animals)
RR, ER One per five
thousand (5,000) sq.
ft.
One-half (1/2) acre
Small (e.g., rabbits,
chinchillas, guinea pigs,
hamsters, and similar
sized animals)
All zones Six per five thousand
(5,000) sq. ft. up to
one acre. One acre
or larger, maximum
one hundred (100).
Five thousand
(5,000) sq. ft.
a. Setbacks for grazing, arenas, or areas where animals are kept apply to typical corral and fence construction. Barns, sheds, and similar accessory structures shall be subject to the standards and setbacks of the particular zoning district.
TABLE 16.44.040-2
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Standard Minimum Distance/Size
Setback Front Zoning district setback
Side and rear Minimum three feet
From any
habitable dwelling
Minimum fifty (50) feet
Fence height Minimum five feet
Corral size Minimum two hundred eighty-eight (288) sq. ft. per animal (twelve (12) feet x twenty-four (24) feet) with a minimum ten foot interior dimensions
b. Apiaries, for the noncommercial use of occupants of the premises only, shall have all boxes or hives housing bees placed at least four hundred (400) feet from any highway, roads, or streets, any public school, park, property boundary or from any structure used as a dwelling or as a place of business. A water source shall be provided on-site.
c. Offspring born to an allowed animal kept on the site may be kept until the animals are weaned (cats and dogs - four months; large animals - six months; horses - twelve (12) months).
d. Rabbits shall be kept in an area with a wire mesh floor. e. The keeping of animals shall be subject to the waste removal requirements of municipal code Chapter 8.28 and any other applicable laws and ordinances. f. The keeping of animals shall comply with all local, county, state, and federal regulations including obtaining and maintaining applicable licenses.
2. A conditional use permit is required for the establishment of commercial and noncommercial dog kennels and catteries, dog training schools, small animal shelters, and dog and cat breeding establishments with outside runs subject to the requirements of the county health department and the following provisions:
a. The minimum parcel size shall be one acre.
b. Animal runs shall be an adequate size for animals held herein. c. Animal runs shall be constructed or coated with non-porous material to discourage the breeding of ticks and other similar pests. d. Animal runs and animal holding areas shall have concrete or other durable flooring sloped for proper drainage.
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e. Animal runs shall have adequate enclosures to provide protection from inclement weather.
f. Animal runs shall be provided with sufficient drains to control drainage and daily washing of the runs.
g. Kennels and catteries shall be serviced by sewer and all excrement produced by the animals shall be properly disposed of on a regular basis so as to control flies and odor, or stored in an enclosed container and disposed of on a regular basis. Existing kennels shall be permitted to remain on a septic system, including expansions to existing facilities. New expansions shall be subject to approval by the Riverside County environmental health department prior to issuance of building permits. h. New kennels and expansions of existing kennels shall be subject to review and approval by the Riverside County health environmental department prior to the issuance of building permits.
i. Animal runs, exercise areas, or keeping of the kenneled animals for commercial or noncommercial purposes shall not be located within a required setback area.
j. Facilities for dog kennels and catteries, dog training schools, small animal shelters, and dog and cat breeding establishments shall be subject to the setback standards for the underlying district.
3. Animals at Large:
a. The animal control authority, peace officers, or persons employed for animal regulation purposes shall capture animals found at large within the city and shall handle the animals as impounded animals. Any owner or custodian of an animal found at large in the city shall be in violation of this section. An animal is at large whenever it is not on the premises of the owner or custodian of the animal and is unattended. b. For any impounded animal, except a domesticated dog or cat, all reasonable costs incurred by the city and the animal control authority in connection with the capture and impoundment of the animal shall be the responsibility of the owner of the animal.
4. Chickens:
a. Chickens shall be contained within an enclosure or coop with an enclosed runway and an area providing protection from weather.
b. Enclosure or coop shall be in the rear or side yard and shall be setback ten feet from the rear and side yard property line.
c. The enclosure or coop shall be maintained in a clean and sanitary condition and free of offensieoffensive odors.
d. The slaughtering of any animal is prohibited in any residential zone. e. Roosters are prohibited.
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f. Chickens under the age of 6 months are not counted towards the maximum number of chickens as provided in Table 16.44.040-1.
g. The commercial keeping of chickens in residential zones is prohibited.”
Section 16.44.150 “Residential Accessory Uses and Structures” of the Murrieta Development Code is hereby amended to read as follows:
“16.44.150 Residential Accessory Uses and Structures.
This section provides standards for specific residential accessory uses and structures allowed in the zoning district applicable to a parcel. Residential accessory uses include any use that is customarily related to a residence, including, but not limited to, garages, greenhouses, storage sheds, studios, above ground swimming pools/spas and workshops. Accessory structures must obtain development plan approval pursuant to Chapter 16.56 (Development Plan Permits) of this title if a new accessory structure or addition results in an increase of more than one thousand (1,000) square feet, unless otherwise identified in this Section. Accessory dwelling units (ADUs) are separately defined by state law from residential accessory uses and structures. Please see Section 16.44.160 (Accessory Dwelling Units) for definitions, criteria, and processing requirements.
A. General Requirements. Accessory uses and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this section for specific uses.
1. Relationship of Accessory Use to the Main Use. Accessory uses and structures shall be incidental to and not alter the residential character of the site.
2. Attached Structures. An accessory structure that is attached to a main structure shall be architecturally compatible with, and made structurally a part of the main structure (e.g., share a common wall with the main structure). It shall also comply with the requirements of this development code applicable to the main structure, including but not limited to setbacks, heights, and lot coverage, unless a minor variance is approved. For accessory structures that propose an ADU component, please refer to Section 16.44.160 and Government Code 65852.2 for criteria with respect to the ADU components of the structure.
3. Detached Structures:
a. Coverage. The floor area of a single detached accessory structure shall not exceed one thousand (1,000) square feet, nor shall the sum of the floor area(s) of the total number of detached accessory structures exceed 40 percent, of the required rear yard of the parcel. A covered patio or barbecue area shall not be construed as an accessory structure for purpose of calculating floor area. b. Design. Detached accessory structures shall be compatible with the materials and architecture of the main dwelling(s) on the property whenever feasible. For 613
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accessory structures that propose an ADU component, please refer to Section 16.44.160.F.2 for the exterior design criteria. c. Setback Requirements. Setbacks shall be as provided by Table 3- 1416.44.150-1 (Required Setbacks—Accessory Uses and Structures). For accessory structures that propose an ADU component, please refer to Section 16.44.160.F.1 for the setback criteria with respect to the ADU component of the structure. d. Height. The maximum height of an accessory structure shall be in compliance with the height restriction for the zone, and shall not be greater than the height of the primary residence on the lot. An accessory structure proposing an ADU component shall be permitted to exceed the height of the primary residence for the portion of accessory structure containing and for accessing the ADU.
B. Antennas. Antennas are subject to the provisions of Section 16.44.170 (Telecommunications Facilities).
C. Garages. A detached accessory garage shall not be greater than one thousand (1,000) square feet or fifty (50) percent of the square footage of the main dwelling unit, whichever is less, or two thousand (2,000) square feet or fifty (50) percent of the square footage of the main dwelling unit in rural residential zones, whichever is greater. Size deviation may be authorized pursuant to section 16.56.020 (A).
D. Greenhouses. An accessory greenhouse may occupy up to five hundred (500) square feet for each dwelling unit or ten percent of the parcel, whichever is less.
E. Guest Living Quarters. Guest living quarters, which are sometimes referred to as a Granny Flat or Guest House, can be attached or detached for temporary use by guests or family members of the primary residence. Guest living quarters do not include a kitchen or wet-bar and may occupy up to 500 square feet and include restroom facilities. Guest living quarters may not be rented.
F. Swimming Pools/Spas/Hot Tubs. Private swimming pools, spas and hot tubs are allowed accessory to approved residential uses on the same parcel, subject to the following provisions:
1. Limitation on Use. The pool is to be used solely by occupants of the dwelling(s) on the same parcel and their guests; and
2. Fencing. The swimming pool shall be secured by fencing and/or walls to prevent uncontrolled access by children, in compliance with the building code.
3. Setbacks. Swimming pool/spa shall maintain the required setback which is measured from water edge to property line for in-ground pool/spa and from the outside edge of the structure to property line for above ground pool/spa, and other above- ground structures such as slides, pool grottos, waterfalls, etc.
G. Tennis and Other Recreational Courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetball, etc.) accessory to a residential use are subject to the following provisions:
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1. Fencing: Shall be subject to the height limits of Chapter 16.22 (Fences, Hedges and Walls); and
2. Lighting. Court lighting shall not exceed a maximum height of twenty (20) feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property, in compliance with Section 16.18.100 (Lighting).
H. Workshops and Studios. Accessory structures intended for engaging in artwork, crafts, light hand manufacturing, mechanical work, etc. are subject to the following standards when located in a residential zoning district:
1. Limitation on Use: An accessory structure may be constructed or used as a studio or workshop in any residential zoning district for the following noncommercial activities:
a. Amusements or hobbies;
b. Artistic endeavors (e.g., painting, photography or sculpture); c. Maintenance of the main structure or yards;
d. Maintenance or mechanical work on vehicles owned or operated by the occupants; or
e. Other similar purposes.
Use of an accessory workshop for commercial activity shall be subject to the standards for home occupations, in compliance with Chapter 16.60; and
2. Floor Area. A workshop shall not occupy an area larger than one thousand (1,000) square feet, except where a workshop is combined with a garage. In this case subsection C (Garages), above, shall apply.
I. Rooming and Boarding House. A rooming and boarding house (including sober living homes), as defined in Chapter 16.110 of this title, may be established only upon approval of a conditional use permit for six (6) or fewer occupants, and shall be prohibited for more than six (6) occupants subject to the following standards (Short- Term Vacation Rentals that are regulated separately fall outside of this criteria.
See, Chapter 5.27 (Short-Term Vacation Rentals) of the Murrieta Municipal Code for further criteria on these uses):
1. Filing Requirements. In addition to the regular application information, the application for a conditional use permit for a rooming and boarding house or sober living home shall include the following information:
a. Any proposed restrictions or limitations on the resident profile, such as men only, women only, families with children, elderly or special needs; b. The number of rooms to be used for sleeping purposes, and the maximum number of residents including on-site management staff, if any; and 615
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c. Any proposed limitations on the maximum stay for each resident.
2. Site Location Criteria. In evaluating a proposed rooming and boarding house or sober living home the following criteria shall be considered:
a. Compatibility of the proposed use with neighboring uses; b. Whether the use will result in harm to the health, safety or general welfare of the surrounding neighborhood, and substantial adverse impacts on adjoining properties or land uses will not result;
c. The proximity of the use to shopping and services, and access to public transportation; and
d. To avoid an over-concentration of rooming and boarding houses and sober living homes, there shall be a minimum separation requirement of five hundred (500) feet, measured from the nearest outside building walls, between the subject use and any other rooming and boarding home or other group housing as defined in this title or in state law.
3. Development Standards. Any rooming and boarding house or sober living home shall comply with the following:
a. Structures and landscaping shall be compatible with the character of the surrounding neighborhood;
b. Sufficient on-site parking shall be provided (the precise number of parking spaces required will be determined by the approving authority based on the operating characteristics of the specific proposal);
c. Both indoor and outdoor open areas shall be provided on site; d. All setback standards of the underlying zone shall be met; and e. Signs as permitted in Chapter 16.38.
4. Notification. Notification of the conditional use permit public hearing shall be done in accordance with Chapter 16.52 of this title.
5. Existing Facilities. Upon the expiration of any conditional use permit, an existing rooming and boarding house or sober living home must comply with the requirements of this Section 16.44.150.
6. Changes to Operation. Any change in operating conditions from what was originally approved and imposed by the city, including, but not limited to, the number of occupants or residents, or any modifications to the conditions of approval pursuant to the required conditional use permit, shall require the immediate submittal of a request for revision of the required conditional use permit.
J. Parolee-Probationer Home. A parolee-probationer home, as defined in Chapter
16.110 of this title, may be established only upon approval of a conditional use permit 616
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for six (6) or fewer occupants, and shall be prohibited for more than six (6) occupants subject to the following standards.
1. Filing Requirements. In addition to the regular application information, the application for a conditional use permit for a parolee-probationer home shall include the following information:
a. Client profile (the subgroup of the population the facility is intended to serve); b. Maximum number of occupants, including support staff; c. Proposed maximum stay for each parolee-probationer; d. A description of support services to be provided on-site and projected staffing level, if any;
e. Site plan and floor plans; and
f. Rules of conduct and business management plan.
2. Site Location Criteria. In evaluating a proposed parolee-probationer home, the following criteria shall be considered:
a. Compatibility of the proposed use with neighboring uses; b. Whether establishment of the facility will not result in harm to the health, safety or general welfare of the surrounding neighborhood, and substantial adverse impacts on adjoining properties or land uses will not result;
c. Facility shall be located along or near a collector or arterial street with reasonable access to public transportation;
d. Facility shall be accessible to necessary support services; e. To avoid an over-concentration of parolee-probationer homes, there shall be a one thousand (1,000) foot separation requirement as measured from the nearest outside building walls between the subject use and any other parolee-probationer home or other group housing as defined in this title or in state law; f. To avoid an over-concentration of group housing facilities, there shall be a one thousand (1,000) foot separation requirement as measured from the nearest outside building walls between the subject use and any other group housing as defined in this title or state law; and
g. That parolee-probationer homes shall not be located within one thousand (1,000) feet of a public or private school (pre-school through twelfth (12th) grade), student housing, senior housing, child care facilities, public parks and trails, or businesses licensed for on- or off-site sales of alcoholic beverages, as measured from any point on the outside walls of the parolee-probationer home to the nearest property line of the noted use.
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3. Development Standards. Any parolee-probationer home shall comply with the following:
a. Facility shall be compatible with the character of the surrounding neighborhood;
b. Sufficient on-site parking shall be provided (the precise number of parking spaces required will be determined by the approving authority based on the operating characteristics of the specific proposal);
c. Both indoor and outdoor open areas shall be provided on site; d. All setback standards of the underlying zone shall be met; e. Signs as permitted in Chapter 16.38;
f. On-site staff supervision shall be required for parolee-probationer homes during all hours of operation;
g. Individual client stays at parolee-probationer homes shall not exceed one hundred eighty (180) days; and
h. The facility’s management shall participate in any formal residential crime prevention program (i.e., Crime Free Multi-Housing Program) provided by the city and as required under the conditional use permit and, if the program offers certification, then that certification shall be obtained and maintained in current status.
4. Notification. Notification of the conditional use permit public hearing shall be done in accordance with Chapter 16.52 of this title.
5. Existing Facilities.
a. Upon the expiration of any conditional use permit, an existing parolee- probationer home must comply with the requirements of this Section 16.44.150J. b. An existing parolee-probationer home established pursuant to any conditional use permit discontinued for any period of time, excluding a maximum thirty- (30-) day closure required to perform necessary repair or restoration which does not increase the square footage of the residence, is deemed abandoned and any subsequent establishment of a parolee-probationer home on the premises shall be required to first obtain a new conditional use permit.
6. Changes to Operation. Any change in operating conditions from what was originally approved and imposed by the city, including, but not limited to, the number of occupants, residents or parolees- probationers, or modifications to the conditions of approval pursuant to the required conditional use permit shall require the immediate submittal of a request for revision of the required conditional use permit.
K. Cargo Containers As An Accessory Structure. The purpose of this section is to allow cargo containers to be placed on private property in a permanent manner that is safe and secure, will not create adverse impacts to either the property on which they are 618
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located or to the immediate residential neighborhood and will not become a nuisance to the community.
1. Permanent use.
a. It shall be limited to one (1) cargo container for parcels between one (1) and two (2) acres. One (1) additional container may be proposed for parcels greater than two (2) acres.
b. The permanent placement of a cargo container shall be limited to the Rural Residential (RR) and Estate Residential 1 (ER-1) zones that are greater than one (1) acre or more.
c. The approval shall be specific to a location and shall not be transferable to other locations or property.
d. It shall meet all requirements as set forth in the California Building and Fire Code(s).
e. It shall be limited to a “storage occupancy” as categorized under the California Building and Fire Code(s).
f. It shall be accessory to the primary use of the property for the storage of nonflammable, noncombustible, nonhazardous materials and supplies. g. The cargo container shall be modified in such a manner to match the main residential structure in terms of exterior colors, trim, and roofing style. On larger parcels, over two (2) acres or more, the modifications shall be limited to the paint color of the exterior in terms of matching the main residential structure. h. Structure setbacks shall be provided as noted in Table 3-1416.44.150-1. i. It shall comply with and height and lot coverage thresholds as defined within Rural Residential (RR) and the Estate Residential 1 (ER-1) zones. j. Landscape screening methods shall be provided on-site for the portions of the container visible from the public right-of-way to the satisfaction of the Planning Development Services Director or their designee.
k. Existing cargo containers at existing residential properties can remain in place 18 months from the effective date of Ordinance___.
TABLE 3-1416.44.150-1
REQUIRED SETBACKS—ACCESSORY USES AND STRUCTURES
TABLE 3-14 REQUIRED SETBACKS - ACCESSORY USES AND STRUCTURES Single-family Homes
Accessory Structure Type of Setback1 Required Setback2
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Garage, gazebo, greenhouse,
patio cover, storage shed,
workshop (more than one
hundred twenty (120) square feet)
Side and rear Five feet; unless adjacent to
a public street when the
setback shall be ten feet
Gazebo, greenhouse, patio cover,
storage shed, (less than one
hundred twenty (120) square
feet)3
Sides and rear Three feet to the furthest
projection
Swimming pool, spa, fish pond,
outdoor play equipment4
Sides and rear Five feet
Stationary barbecue, fire pit,
propane tank
Front,
sides and rear
Ten feet
Three feet for non-high-fire
zone areas of the City. For
high-fire zone areas, please
contact the City prior to
placement for the minimum
distance required to comply
with the California Fire Code
Air conditioning equipment, pool
and spa equipment, ground-
based antennas
Sides and rear Four feet
Cargo Containers As An
Accessory Structure76
Front,
Side, min. distance from
another structure,
Rrear
Twenty-five feet
Ten feet,
Eight feet
Exterior staircases for balconies,
pool slides
Front,
Side, min. distance from
another structure,
Rear
Same as the main structure
Shall meet the minimum
requirements as provided
under the California Fire and
Building Code(s)
Decks exempted from a building
permit
All sides Shall meet the minimum
requirements as provided
under the California Fire and
Building Code(s)
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Decks requiring a building permit
(Over 18 inches in vertical height)
All sides Shall meet the minimum
requirements as provided
under the California Fire and
Building Code(s)
Multi-family Homes
Accessory Structure Type of Setback1 Required Setback2
Garage, gazebo, greenhouse,
patio cover, storage shed,
workshop
All sides As required for main
structureFive feet; unless
adjacent to a public street
where the setback shall be
ten feet
Gazebo, greenhouse, patio cover,
storage shed, (less than one
hundred twenty (120) square
feet)3
All sides Three feet to the furthest
projection
Swimming pool, spa, fish pond,
outdoor play equipment,
waterslide4
FrontAll sides Ten feet
Stationary barbecue, fire pit,
propane tank
Sides and rear
Front
Sides and rear
Ten feet
Three feet for non-high-fire
zone areas of the City. For
high-fire zone areas, please
contact the City prior to
placement for the minimum
distance required to comply
with the California Fire Code
Air conditioning equipment, pool
and spa equipment, ground-
based antennas6
Sides and rear FourFive feet
Exterior staircases for balconies,
pool slides
Front,
Side, min. distance from
another structure,
Rear
Same as the main structure
Shall meet the minimum
requirements as provided
under the California Fire and
Building Code(s)
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Decks exempted from a building
permit
All sides Shall meet the minimum
requirements as provided
under the California Fire and
Building Code(s)
Decks requiring a building permit
(Over 18 inches in vertical height)
All sides Shall meet the minimum
requirements as provided
under the California Fire and
Building Code(s)
Notes:
(1) Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, required setbacks shall be established by the director. (2) A structure, projection or equipment shall not be placed or occur beyond the property lines of the subject parcelsetbacks as identified in Table 16.44.150-1. (3) Building permits are not required for accessory structures one hundred twenty (120) square feet or less in area and twelve (12) feet or less in height. However, if a structure is proposing plumbing, electrical, or mechanical components, a building permit is required. (4) Pools and/or spas may be allowed no closer than three (3) feet as determined by the director. A minor variance may be required if at the discretion of the director, it is determined that the reduced setback could cause adverse impacts to adjacent properties (see Section
16.72.020).
(4)(5) Existing single family detached lots with lot widths less than required by the zone may utilize a reduced setback equal to ten percent (10%) of the lot width but in no case closer than three (3) feet.
(5)(6) Small structures that are less than six (6) feet in height and do not extend above an adjoining solid fence or wall is exempt from setback requirements. (6)(7) Limited to Rural Residential (RR) and Estate Residential (ER-1) Zones with a minimum of a one (1) acre parcel area.
”
Section 16.44.160 “Accessory Dwelling Units” of the Murrieta Development Code is hereby amended to read as follows:
16.44.160 Accessory Dwelling Units.
A. Purpose. This section provides standards for the establishment of accessory dwelling units. Pursuant to Government Code 6632365852.2 local governments have the authority to adopt regulations designed to promote accessory units. An accessory dwelling unit which conforms to the requirements of this Section 16.44.160 shall not be 622
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considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential unit, which is consistent with the General Plan and zoning classification for the lot.
B. Definitions. The following are definitions of specialized terms and phrases used in this chapter. Definitions of general terms and phrases are located in Article VI (Development Code Definitions).
1. Accessory Dwelling Unit (ADU). Refer to Government Code Section 65852.2 66313 for definition.
2. Junior Accessory Dwelling Unit (JADU) shall have the same meaning as defined in Government Code Section 6631365852.2 and 65852.22.
3. Public Transit means, including but limited, a fixed-route service open to the public at large and includes transit stations, bus stations, and bus stops, as operated by the Riverside Transit Agency or another fixed route service as adopted by City Council resolution as it pertains to Chapter 16.44.160 of this title.
C. Standard of Review. ADU and JADU applications shall be considered a ministerial action without discretionary review or a public hearing if all requirements of this Section 16.44.160 are met, notwithstanding any other requirements of state law or this development code.
D. Number of Accessory Dwelling Units and Junior Accessory Dwelling Units Allowed. The number of accessory dwelling unit(s) and junior accessory dwelling unit on a parcel shall be allowed pursuant to State Law as applicable to single-family, multi-family, and mixed-zoned parcels:
1. At a residential parcel with an existing or proposed single-family dwelling:
one ADU and one JADU shall be permitted. An ADU may be combined with a JADU unit within a single-family residence pursuant to the requirements of Government Code Section 6632365852.2.
2. At a parcel with an existing multi-family dwelling, two detached ADUs shall be permitted pursuant to Government Code Section 6632365852.2. Additionally, one ADU and 25 percent of the number of existing units within the multi-family building may be counted towards the conversion requirements of Government Code Section 6632365852.2.
E. Site Requirements. A parcel proposed for an accessory dwelling unit shall comply with all the following requirements:
1. The parcel shall allow for setbacks for an ADU or JADU consistent with Government Code Section 6632365852.2 and 65852.22.
2. Occupancy requirements of the ADU and JADU shall be consistent with the provisions of Government Code Section 6631565852.2. For a JADU, a covenant shall be recorded in the Riverside County clerk's office against the title declaring that the 623
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property owner must occupy either the primary residence or the JADU consistent with the provisions of Government Code Section 66333.
3. An ADU may only be sold in limited situations pursuant to Government Code Section(s) 66340 and 6634165852.26.
4. A covenant shall be recorded in the Riverside County clerk's office against the title of the parcel declaring that the ADU(s) and/or JADU shall not be used for short term rentals less than 30 days.
F. Design Standards. An ADU and JADU shall meet the following:
1. Size and Setback Restrictions:
a. A JADU shall be reflective of the setback and square footage provisions consistent with Government Code Section(s) 66313 and 6632365852.2 and 65852.22. b. An attached or detached ADU shall be reflective of the setback and square footage provisions consistent with Government Code Section 6632365852.2. c. If the ADU and/or JADU unit is proposed within the parameters of an existing or proposed single-family dwelling, any proposed expansion shall be consistent with the requirements of Government Code Section 6632365852.2. If the ADU is proposed within the parameters of an existing accessory structure, any proposed expansion shall be consistent with the requirements of Government Code Section 6632365852.2. ADU and JADU types are also required to meet fire and safety standards per Government Code Section 66323(a)(1)(C)65852.2(e)(1)(A)(iii).
2. Architecture and Standards:
a. At single-family locations the exterior roofing, trim, walls, windows and the color palette of the ADU or JADU shall incorporate the same features as the main dwelling unit;
b. At multi-family locations, the exterior roofing, trim, walls, windows and the color palette of the ADU addition shall incorporate the same features as the existing building that the ADU would be provided within. For detached ADUs, it shall be reflective of the nearest building as measured from the wall of the existing building to the nearest wall of the proposed unit.
c. Restroom and kitchen facilities for ADUs and JADUs shall be provided consistent Government Code Section(s) 6632365852.2 and 6633365852.22. d. Access for ADUs and JADUs shall be provided consistent Government Code Section(s) 6632365852.2 and 6633365852.22.
G. Parking. The ADU shall provide one off-street parking space in addition to that required for the main dwelling unit, in compliance with Chapter 16.34 (Off-Street Parking and Loading Standards). No off-street parking is required for the ADU if it meets any of the following:
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1. Is within a half mile walking distance from public transit. Refer to definition in Section 16.44.160.B.
2. Is within an architecturally and historically significant historic district.
3. Is in an area where on-street parking permits are required, but not offered to the occupant of the ADU.
4. Is located within one block of a car share area.
5. The ADU is a part of the proposed or existing primary residence or an accessory structure.
6. Is a JADU as defined under Government Code Section 65852.2165852.2 and 65852.22.
H. Review of Application. Review of the ADU and JADU shall be consistent with the following:
1. A permit application for an ADU or a JADU unit shall be considered and approved ministerially without discretionary review or a hearing.
2. The City shall act on an application to create an ADU or a JADU within 60 days from the date the local agency receives a completed application.
3. If the permit application to create an ADU or a JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU or the JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60day 60-day time period shall be tolled for the period of the delay.
I. Conflicting Standards. If there is a conflicting applicability between the requirements of this section and requirements as described under State Law, State Law shall apply.”
16.44.170 “Telecommunications Facilities” Subsection (A)(6) of the Murrieta Development Code is hereby amended in part to read as follows:
“
…
6. Nonresidential Zoning District Standards. In nonresidential zoning districts, satellite dishes may be roof- or ground-mounted subject to the following standards. a. Development Plan Permit. A development plan permit in compliance with Chapter 16.56 (Development Plan Permits) shall be required for the construction and/or placement of a satellite dish in a commercial, innovation, or industrial zoning district. 625
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b. Ground-mounted. If ground-mounted, dishes shall not be located between a structure and an ad-joiningadjoining street and shall be screened from public view and neighboring parcels.
c. Roof-mounted. If roof-mounted, dishes shall be screened from ground view by a parapet or other type of screening. The minimum height and design of the parapet, wall or screening shall be subject to the approval of the director. Screening materials shall be architecturally compatible with the rest of the structure. dc. Diameter. The diameter of a ground-mounted satellite dish shall not exceed eight feet. This provision may be modified by the director if strict compliance would result in substandard reception.
ed. Height and Location. The height and location of the satellite dish shall comply with the requirements of the applicable zoning district. The height provision may be modified by the director if strict compliance would result in substandard reception. fe. Setbacks. If the subject parcel abuts a residential zoning district, the dish shall be set back a mini-mum minimum distance from the lot line equal to the height of the antenna.”
Section 16.44.180 “Vehicle Dealerships” of the Murrieta Development Code is hereby amended to read as follows:
“16.44.180 Vehicle Dealerships.
A. Design Issues. Vehicle dealerships are establishments that specialize in the sale of one or more lines of new automobiles and/or used vehicles(including used vehicles) and in the servicing of that line or lines. Dealerships are regional in nature and can have a market radius well in excess of twenty (20) or thirty (30) miles.
The major portion of a vehicle dealership site is typically used for outdoor storage and display of vehicles and a relatively minor portion is used for structures and customer parking. By their nature, vehicle dealerships tend to be poor neighbors for residential uses and this relationship should be avoided, if possible.” B. Site Planning.
1. Showrooms shall be oriented toward major public streets.
2. Outdoor vehicle display areas shall occur only on permanent at-grade display areas or low-rise platforms (four feet maximum) that are architecturally compatible with the project. Rotating vehicle display plat-forms are not allowed.
3. Provisions shall be made onsite for the unloading of vehicles from carriers.
Vehicle unloading on non-residential streets may occur in the right-of-way only if special turn-outs are provided.
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4. Screened storage areas shall be provided for vehicles awaiting repairs.
5. Potentially noisy activities, (e.g., vehicle repair, cleaning, or testing) shall not be located near or oriented towards residential.
6. Customer parking shall be provided for the sales, service, and parts areas.
7. Sufficient space shall be provided for service drop-offs to prevent stacking of waiting vehicles onto a public street.
8. All non-vehicle storage areas shall be screened from view from the public street and any adjacent residential area. No storage, except vehicle storage, shall occur that is visible from a public street.
C. Building Design.
1. Buildings shall be stylistically consistent on all sides, carefully detailed. and architecturally related to each other.
2. Service uses shall be wholly contained within a building of solid (e.g. masonry) construction. All vehicle access to the individual service bays shall be from within the building itself with no more than two or three exterior doors to provide access to the building. The access points to the service building shall not be visible from or face toward a public street or any adjacent residential uses.
3. Walls and fences shall be architecturally compatible with the buildings.
D. Special Requirements.
1. All outdoor lighting shall be consistent with the Mount Palomar dark sky provisions regarding lighting see Section 16.18.110 (Mount Palomar Lighting Standard).
2. Public address systems, shall not be used in outdoor areas. Beepers and/or personal pagers can be used if necessary to contact employees outdoors.
3. Wash racks shall be located so that they are not visible or audible from a public 627
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street or residential area. Wash areas shall be designed to comply with city requirements for stormwater/urban runoff management and discharge controls.
4. All non-vehicle storage areas shall be screened from public view from adjoining properties and from the public right-of-way rights-ofway by appropriately designed walls and landscaping.
5. Compressors and similar equipment shall be located in the interior of the site to minimize impacts on adjacent properties.
6. Because landscaping along display perimeters is typically minimal and low level, other landscaped areas shall be designed to compensate for the absence of vertical landscape elements. Building perimeters shall be heavily landscaped and parking lots shall contain significantly more landscaping than is required for retail commercial parking lots.
7. All new dealerships whose sales consist primarily of new vehicles shall submit a comprehensive sign program application consistent with § 16.38.060. If no sign program is approved, the dealership will be subject to the sign standards of the zone.”
Section 16.44.230 “Wedding/Event Facilities in the RR and ER Districts” of the Murrieta Development Code is hereby amended to read as follows:
“16.44.230 Wedding/Event Facilities in the RR and ER Districts.
A. Purpose and Intent. It is the purpose and intent of this section to allow a homeowner with a property of four and one-half (4.5) five (5) acres or greater to utilize their residence for occasional weddings or events within the RR and ER districts.
Implementation of the regulations and standards within this section will ensure that wedding/event facilities in the RR and ER districts will be conducted in an orderly manner that will not result in a change to the residential character of the surrounding community.
The standards contained below will be placed on properties authorized to hold wedding/events within the RR and ER Districts, based on the parcel size and proximity to existing improvements.
B. Wedding/Event Facilities - General. Wedding/event facilities may be allowed on properties of four and one-half (4.5) five (5) acres or greater in the RR and ER districts subject to the approval of a minor conditional use permit pursuant to Chapter
16.52 (Conditional Use Permit), in compliance with, but not limited to, the following standards:
1. Parking. Adequate on-site parking facilities, pedestrian and vehicular circulation, and vehicular ingress and egress, shall be provided in compliance with Chapter 16.34 (Off-Street Parking and Loading Standards) and Section 16.44.230.C .
2. Number of Days/Hours of Operation. The director shall impose reasonable restriction on the number of events that can occur during a week, on which days of the 628
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week these can occur and the hours of operation. Specific criteria are contained in Section 16.44.230.C.
3. Sanitary Facilities. The director shall determine the appropriate quantity and location for any for sanitary facilities. All facilities shall be located on-site, and shall comply with accessibility requirements and the requirements of the Riverside County Health Department. Additional criteria are contained in Section 16.44.230.C.
4. Security. Provision for security and safety measures shall be provided, if applicable. Recent contact information shall be maintained on file with the city at all times.
5. Signs. One externally illuminated monument sign shall be permitted and shall be located at access points to the parcel, subject to the following criteria:
a. Signs are allowed only for frontages adjoining a public street; b. Monument signs shall not be located closer than five feet from a property line; c. The maximum sign area shall be twenty (20) square feet per side and not exceed four (4) feet in height;
d. Signs shall be constructed of natural materials;
e. Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign;
f. The monument sign shall not be illuminated after 10:00 p.m. on evenings when there are no events and shall be turned off at the conclusion of events; g. Monument signs shall contain an address plate identifying the project or use by specific street address. The address plate shall not exceed four square feet in area.
Numbers shall be a minimum of six inches in height. Address plates shall not be calculated against the allowed sign area;
h. Illumination shall be down lit and shall not be allowed to spill over into, or provide glare, to adjacent properties or rights-of-way; i. On-site directional signage shall be no larger than twelve (12) square feet in area and its design shall be complimentary to the monument sign.
6. Solid Waste Collection and Disposal. The facility shall include provisions for solid waste, recycling and/or disposal with specific criteria contained in Section
16.44.230.C.
7. Other Conditions. The director shall require any other conditions which will ensure the operation of the facility in an orderly and efficient manner and in full compliance with the purpose/intent of this section.
C. Site SpecificSite-Specific Development Performance Standards. 629
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1. Days and Hours of Operation. The site may be used for a maximum of two events per week, unless otherwise modified by the permit approval. No more than two events may occur on sequential dates. All events shall begin after 10:00 a.m. and shall be completed by 12:00 a.m.
2. Noise Levels and Monitoring. Noise levels generated from events shall be subject to the following criteria:
a. All noise generated by the event use shall conform to the thresholds established for Zone II of Table 3-6, Exterior Noise Standards of section 16.30.090 (Exterior Noise Standards), and shall be subject to the provisions contained therein; b. Noise levels for events shall not exceed the city's noise standards, either during set up or as part of the event;
c. The applicant shall monitor and ensure that the noise levels shall not exceed City of Murrieta noise standards;
d. Any noise generating activities shall be terminated at 10:00 p.m.
3. Ancillary Structures.
a. If an ancillary structure is provided as part of the project approval, ancillary structures shall be permanent construction, shall be fully enclosed, or enclosable on four sides, and shall have a roof. Ancillary structures shall be complimentary in terms of size, scale, and materials used on the primary structure on the site; b. Ancillary structures shall be subject to the setbacks for accessory structures in contained in Table 16.08-1, (Residential Zones General Development Standards Requirements by Individual Zoning District) of section 16.08.020 (Residential Districts General Development Standards) with the exception that structures cannot exceed forty (40) feet in height, and be no larger than 7,500 square feet in size.
4. On-site Parking Requirements.
a. All on-site parking areas do not need to be paved; however, they must be stabilized in order to minimize any off-site dust impacts and for compliance with water quality control purposes;
b. Adequate parking must be provided based on maximum occupancy of site.
Occupancy will be determined based on the seating capacity of the special event; c. If buses or limousines are proposed for off-site transport, adequate drop off and pick up locations must be provided on site.
5. Location Requirements. Any parcel where a facility is proposed shall have access to a paved and maintained public street.
6. Solid Waste Collection and Disposal. On-site waste collection shall be located onsite as to not create any off-site noise, odors or nuisances. Solid waste shall be removed from the site within forty-eight (48) hours of any event. 630
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7. Sanitary Facilities. Any potable sanitary facilities shall not be located any closer than twenty-five (25) feet from an adjacent property with a residential use.
Sanitary waste shall be removed from the site within 48 hours of any event, or determined through the minor conditional use permit.”
Section 16.44.250 “Cannabis and Hemp Use” Subsection C(3)(e)(ii) of the Murrieta Development Code is hereby amended to read as follows:
“..
ii. A Medicinal Cannabis Delivery Service (Physical Delivery Logistics Location) shall not be located within 500 feet of a sensitive uses. or any other medicinal cannabis delivery business location. Distance specified in this subsection shall be measured by the horizontal distance measured in a straight line from the property lines of where the delivery - only medicinal cannabis operator is to be located to the property line of the potential s ensitive use. For business condominiums, this measurement would be taken from outer boundaries of the common parcel where the structure is located and not from the building. Sensitive uses for purposes of this Section include:
A. Residential zones or private residences.
B. Public or private schools.
C. Daycare centers.
D. Churches.
E. Public parks.
F. Youth activity centers.
G. Large medical centers.
HG. Any other medicinal cannabis delivery service
business.”
Section 16.46.040 “Planning Commission” of the Murrieta Development Code is hereby deleted in its entirety:
“16.46.040 Planning Commission.
D. Report of commission actions to city council. All actions taken by the planning commission shall be reported to the city council as follows:
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1. All actions taken by the planning commission shall be reported by the planning officer to the city clerk, and shall be placed on the next agenda of the city council after receipt of the report by the city clerk; and
2. When an action taken by the planning commission is placed on the city council agenda, the city council may elect to consider the matter and/or schedule the matter for a hearing or public hearing before the city council; and
3. An action of the planning commission shall be considered final after the city council has heard and decided the matter or elected not to hear and not to further consider the matter and upon the expiration of all rights to appeal the planning commission action pursuant to Chapter 16.78 or other applicable provision of this code.”
Section 16.90.020 “Final Review Authority” of the Murrieta Development Code is hereby amended to read as follows:
“16.90.020 Final Review Authority.
A. City Engineer. The city engineer shall have final authority in the approval, conditional approval or disapproval of certificates of compliance, lot line adjustments, final map approvals, and parcel mergers.
B. Commission. The commission shall have final authority in the approval, conditional approval or disapproval of reversions to acreage, tentative parcel maps, tentative tract maps, and vesting tentative maps.
C. Council. The commission shall act as the appeal body for director and city engineer decisions unless a different review authority is established by the city council, while the council shall act as the appeal body for hearing appeals pertaining to all commission decisions, in compliance with Chapter 16.78 (Appeals).”
Section 16.90.040 “City Engineer” of the Murrieta Development Code is hereby amended to read as follows:
“16.90.040 City Engineer.
The city engineer shall be responsible for the following:
A. Final and Parcel Maps. The processing and recommendation to the council on all matters pertaining to of final and parcel maps;
B. Subdivision Improvements. Determining if proposed subdivision improvements comply with the provisions of this article, the subdivision map act and city adopted improvement standards;
C. Construction Details. Establishing design and construction details, improvement standards and specifications;
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D. Application Processing. Processing of certificates of compliance, lot line adjustments, mergers/unmergers, and correction and amendment of maps; E. Inspection and Approval. The inspection and approval of subdivision improvements;
F. Collection of Fees. Collection of applicable engineering/plan check fees, deposits, establishment of security amounts, improvement bonds, and other financial provisions;
G. Acceptance by the City. Acceptance by the city of lands proposed for dedication to the city by means other than final map;
H. Improvement Agreements. Execution of improvement agreements on behalf of the city in conformance withupon approval of tentative subdivision maps approved by the council; and
I. Time Extensions. Approval of time extensions for installation of improvements required by subdivision agreements.”
Section 16.98.040 “Survey Required” of the Murrieta Development Code is hereby amended to read as follows:
“16.98.040 Survey Required.
A. Complete Survey. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor.
B. Survey Elements. All alleys, blocks, centerlines of streets, curves, easements, monuments, parcels, and property lines adjoining or within the subdivision shall be tied into the survey.
C. Adjoining Properties. All adjoining properties shall be identified by block, parcel, property owners, and tract designation.
D. Error of Closure. The allowable error of closure on any portion of the final map shall be in compliance with the requirements of the county surveyor.
E. Net Acreage. Parcels containing one acre or more shall show net acreage to the nearest one-one hundredth.
F. Setting of Monuments. At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards required by state law (Business and Professions Code Section 8771) so that another engineer or surveyor may readily retrace the survey, in compliance with state law (Government Code Sections 66495 and 66496). At least one exterior boundary line shall be monumented before recording the final map. Every final map shall show the following monuments:
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1. Boundary monuments. The exterior boundary of the subdivision shall be monumented with permanent monuments not smaller than two-inch iron pipes at least twenty-four (24) inches long set at each corner and at intermediate points along the boundary not more than one thousand (1,000) feet apart and at the beginning and end points of all curves. If any existing record and identified monument meeting the foregoing requirements is found at any corner or point, the existing monument(s) may be used in lieu of a new monument;
2. Lot corner monuments. All lot corners, except when coincident with exterior boundary corner, shall be monumented with permanent monuments of one of the following types:
a. Three-quarter-inch diameter iron pipe at least twelve (12) inches long; b. One-half-inch diameter steel rod at least twelve (12) inches long; or c. Lead plug and copper identification disks set in concrete sidewalks or curbs.
3. Additional monuments to mark the limiting lines of streets as the city engineer may require;
4. All other monuments set or proposed to be set.
a. The subdivider shall cause the foregoing monuments to be set by a licensed surveyor or engineer.
b. All monuments and their installation shall conform to city standards. c. All of the foregoing monuments shall be set before the approval of the map by the Council city engineer unless the setting thereof is deferred in compliance with state law (Subdivision Map Act Section 66496). However, the setting of exterior boundary monuments shall not be deferred unless the city engineer determines that the monuments might be disturbed by the construction of the improvements. d. Where the setting of monuments is deferred following filing of a final map, the monuments shall be set within thirty (30) days after the completion of the required improvements and before the acceptance by the city. The setting of monuments shall not be deferred if a parcel map is filed unless expressly allowed by the city engineer.”
Section 16.110.020 “Definitions of Specialized Terms and Phrases” of the Murrieta Development Code is hereby amended to read as follows:
16.110.020 Definitions of Specialized Terms and Phrases.
“…
Gross floor area (GFA). Means the total area of all floors of a building, as measured to the outside surfaces of exterior walls. Gross floor area includes halls, stairways, elevator shafts, on grade, semi-subterranean, and subterranean garages, lofts and 634
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mezzanines, basements, and finished or habitable attics, except as otherwise defined or exempted in a specific Section of this Title. For the purposes of calculating GFA for all residential dwelling units, outdoor roof deck or balcony areas open to the sky or covered by patio cover or similar structure, when enclosed on all sides by a parapet, solid railing or building wall greater than three feet six inches (3'-6") in height, shall be included.
However, open areas within the building above normal ceiling height shall not be calculated.
“1.26.070 Appeal of Administrative Citation.
Any recipient of an administrative citation may contest that there was a violation of the Murrieta Municipal Code, or that he or she is the responsible person, by submitting a written request for a hearing, and returning it to the designated collector as noted on the citation, within thirty (30) twenty (20) days from the date of the issuance of the administration citation, together with an advanced deposit of the fine. Any administrative citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation.”
Section 8.20.020 “Definitions” of the Murrieta Municipal Code is amended, to add a definition for “responsible party” in alphabetical order and to replace the definition of “Violator,” in its entirety, as the follows:
Section 8.28.160 of the Murrieta Municipal Code is hereby amended to read as follows:
“8.28.160 Enforcement.
A. Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by the enforcement official in accordance with 14 CCR Section 18995.4. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The city’s procedures on imposition of administrative fines set forth in this code are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter. Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The city may pursue civil actions in the state courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources. Notwithstanding the foregoing, in addition to any notice of violation, for incidences of prohibited container contaminants found in containers, city or its authorized collector will issue an informational notice of contamination to any generator 635
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or responsible party found to have prohibited container contaminants in a container.
Such notice will be provided via a cart tag, electronic notice, or other communication immediately upon identification of the prohibited container contaminants or within sixty (60) days after determining that a violation has occurred. Prohibited container contaminants in a responsible party’s containers on more than three (3) consecutive occasions may subject the generator to a contamination processing fee or enforcement action.
B. Enforcement pursuant to this chapter may be undertaken by the enforcement official.
C. Fines for violations. The fines for violations of the provisions of this chapter are as follows, subject to modifications by resolution of the city council:
1. For a first violation, the penalty shall be one hundred dollars ($100) per violation.
2. For a second violation, the penalty shall be two hundred dollars ($200) per violation.
3. For a third or subsequent violation, the penalty shall be five hundred dollars ($500) per violation.
D. Compliance deadline extension considerations. The city may extend the compliance deadlines set forth in a notice of violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. Acts of God such as earthquakes, pandemics, epidemics, wildfires, flooding, and other emergencies or natural disasters;
2. Delays in obtaining discretionary permits or other government agency approvals; or
3. Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. (Ord. 575 § 2, 2022)
8.28.160 Enforcement. Unlawful and Prohibited Acts – Removal of Refuse
No person, other than the person in charge of any premises, or the person authorized by law to remove any container or bin from the location where the container was placed by the person in charge of storage or collection shall remove any refuse from any container or bin, or move the container or bin from the location in which it was placed for storage or collection, without the prior written approval of the person in charge of such premises.”
Section 8.28.170 of the Murrieta Municipal Code is hereby added as follows:
“8.28.170 Enforcement.
A. Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by the enforcement official in accordance with 14 CCR Section 18995.4. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The city’s procedures on imposition of administrative fines set forth in this code are hereby incorporated in their entirety, as 636
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modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter. Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The city may pursue civil actions in the state courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources. Notwithstanding the foregoing, in addition to any notice of violation, for incidences of prohibited container contaminants found in containers, city or its authorized collector will issue an informational notice of contamination to any generator or responsible party found to have prohibited container contaminants in a container.
Such notice will be provided via a cart tag, electronic notice, or other communication immediately upon identification of the prohibited container contaminants or within sixty (60) days after determining that a violation has occurred. Prohibited container contaminants in a responsible party’s containers on more than three (3) consecutive occasions may subject the generator to a contamination processing fee or enforcement action.
B. Enforcement pursuant to this chapter may be undertaken by the enforcement official.
C. Fines for violations. The fines for violations of the provisions of this chapter are as follows, subject to modifications by resolution of the city council:
1. For a first violation, the penalty shall be one hundred dollars ($100) per violation.
2. For a second violation, the penalty shall be two hundred dollars ($200) per violation.
3. For a third or subsequent violation, the penalty shall be five hundred dollars ($500) per violation.
D. Compliance deadline extension considerations. The city may extend the compliance deadlines set forth in a notice of violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. Acts of God such as earthquakes, pandemics, epidemics, wildfires, flooding, and other emergencies or natural disasters;
2. Delays in obtaining discretionary permits or other government agency approvals; or
3. Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.”
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Section 10.44.020 of the Murrieta Municipal Code is hereby added as follows:
“10.44.020 Parking prohibitions for certain vehicles.
It is unlawful for any person to park or leave standing on any private or public property within residential or commercial zoning districts of the city, the following types of vehicles: any commercial vehicle, oversized vehicle, recreational vehicle, vessel, or non-self-propelled vehicle, as defined in Chapter 10.08 and 10.32 of this code, and similar such vehicles, unless as specifically allowed and described herein:
A. It is unlawful to park, keep, or store any oversized vehicle, recreational vehicle, non-self-propelled vehicle, vessel, or similar such vehicles, within any portion of the front yard setback, as defined by this code. Except that, if such vehicles are kept, parked, and stored permanently on private property, other than the front yard setback, they shall be screened from view to the required fence height allowed by this code.
Wrought iron fencing, landscape material, and lattice shall be considered as acceptable screening materials. Recreational vehicles shall be allowed for a total of forty-eight (48) hours before and after a recreational trip only, and not in combination with any other public right-of-way parking exemption. This provision shall not apply to commercial vehicles weighing ten thousand (10,000) pounds or less, and/or having a width of ninety-two (92) inches or less, and/or having a length of twenty-one (21) feet or less, and/or having a height of eight (8) feet or less, if such vehicle is parked on an approved surface in the front yard setback and is limited to two such vehicles per residence.
B. It is unlawful to park, keep, store or leave standing, any trailer or semitrailer having a gross vehicle weight of ten thousand (10,000) pounds or more on public or private property within a residential zoning district of the city; unless, specifically in the performance of duties related to the picking up or delivering of merchandise, goods, wares; or, providing service to such building or structure for which an actual and bona fide repair, alteration, remodel, or construction has been allowed by a building permit.
C. It is unlawful to park or leave standing any truck, tractor, trailer or semitrailer as defined in the California Vehicle Code, or other commercial vehicle having a manufacturer's gross weight bearing of ten thousand (10,000) pounds or more, as defined in the California Vehicle Code, on private or public property within a residential zoning district; unless, specifically in the performance of duties related to the picking up or delivering of merchandise, goods, wares; or, providing service to such building or structure for which an actual and bona fide repair, alteration, remodel or construction has been allowed by a building permit, as defined in Section 35703 CVC.
D. It is unlawful to park, keep, store, or leave standing (i.e., park), any passenger vehicle or vehicles as described in Chapter 10.08, on private or public property within the City as described in Chapter 10.32. Parking of vehicles, and in the manner described in Chapter 10.32, shall occur on pre-engineered load-bearing surfaces. 638
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Parking on unimproved or non-paved lots is prohibited. This last provision shall not be applicable at Rural Residential (RR) and Estate Residential (ER-1) and (ER-2) zoned parcels.
E. It is unlawful to park, keep, store or leave standing on any public or private property within residentially zoned districts, any vehicle which contains any hazardous material as defined in Section 353 of the California Vehicle Code. Vehicles which emit noxious, objectionable odors, or are left in a condition which harbors vermin, or provides for the conditions for pestilence to occur shall also be prohibited in residential districts.
Vehicles used to transport animals shall comply with Subsection A of this Chapter.
F. It is unlawful to park or leave standing any vehicle on a residential lot, or on any portion of the front yard setback such that the vehicle(s) obstructs the vision of an adjoining property occupant in obtaining access to or from a public right-of-way. Upon determination that the obstruction creates a potential safety hazard, such vehicles may be required to be relocated or removed from the neighboring site.
G. It is unlawful to park, store, or leave standing an inoperative, abandoned, wrecked, or dismantled vehicle, or any part thereof, on any portion of a front yard setback; except during the first seventy-two (72) hours during which a vehicle is mechanically disabled.
Car covers shall not be an exception to an inoperative vehicle. It is unlawful to park, or store a vehicle in an elevated position, on blocks, stands, jacks or any other lifting device, in any portion of the front yard setback, or in a location visible from any public right-of-way or street, except as allowed by Section 8.20.030(P)(5)(d) of this Code.”
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its adoption.
SECTION 6. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable.
SECTION 7. NOTICE OF ADOPTION.
This Ordinance shall become effective on the thirty -first (31st) day after its passage and adoption, and within fifteen (15) days after its final passage and the City Clerk shall cause it to be posted and published in a newspaper of general circulation, pr inted, published and circulated in the City in the manner required by law and shall cause a copy of this Ordinance and its certification, to be entered in the Book of Ordinances of the City.
SECTION 8. CEQA EXEMPTION.
The “Project” has been evaluated pursuant to the California Environmental Quality Act (CEQA), and it has been determined that the amendments will have no significant adverse impacts on the environment . The proposed Development Code and Municipal Code Amendments are exempt from the provisions of the California Environmental 639
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Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines, as the proposed Development Code revisions would have no significant adverse effects on the environment. The changes being considered in the ordinance amendments are intended to address updated code enforcement processes, processing requirements for Final Maps, updated definitions, removing minor planning processes that are no longer utilized, minor updates to parking and signage, notification updates as provided through Fire Department, as it relates to implementation at a local government level, and development code errors and inconsistencies, and streamline permit processing without undermining or minimizing CEQA review of discretionary permits. The amendments to the Municipal Code implement updates to existing timeline s as it relates to administrative citations , refuse removal, enforcement mechanisms, and updates for driveway surface parking standards. Therefore, the Ordinance Amendments are exempt under Section 15061(b)(3).
SECTION 9. CEQA FILING.
The City Council hereby directs staff to prepare, execute, and file with the Riverside County Clerk and the State of California Office of Planning and Research. A notice of exemption within five (5) working days of the adoption of this Ordinance.
ADOPTED by the City Council, signed by the Mayor, and attested by the City Clerk this ____ day of _______, 2024.
_______________________________
Lori Stone, Mayor
ATTEST:
____________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
____________________________
Tiffany J. Israel, City Attorney
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I, Cristal McDonald, City Clerk of the City of Murrieta, California, hereby certify under penalty of perjury that the foregoing Ordinance was duly and regularly introduced at a meeting of the City Council on the __ day of ________, 2024 and that thereafter the said ordinance was duly and regularly adopted at a regular meeting of the City Council on the ____ day of ________, 2024, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Murrieta, California, this _____ day of __________, 2024. 641
642
643
644
6 TH
D
EVELOPMENT
C
ODE
U
PDATES
(
MCA
-
2023
-
00003)
Item 12
September 17, 2024
City Council
Received After Agenda Printed
9/17/2024 - Regular Meeting
PUBLIC HEARINGS - Item No. 12
Presentation
645
OVERVIEW
6TH CODE UPDATES
2 The updates cover several sections of the Municipal Code (Titles 1, 8, and 10) and the Development Code (Title 16).
The modifications were presented to the Development Advisory Group and at a Planning Commission Workshop for feedback/direction. The Planning Commission recommended approval on June 26, 2024. Discuss simplifying and streamlining processes and compliance with new State Laws.
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6 th
CODE UPDATES
HAZARDOUS MATERIALS
STORAGE UPDATES
Minor updates within Section
§16.18.070 in consultation with
Murrieta Fire & Rescue
Updates terminology to include
the California Fire and Building
Code(s) notification protocols
3 647
6 th
CODE UPDATES
SOLID WASTE/RECYCLABLE
MATERIALS STORAGE
Minor updates to Table 3-1 to fix an
existing error with 48 square feet
being referenced for 16 to 25-unit
multifamily projects
Should be 96 square feet
Renumbering of two tables for
consistency with rest of Section
incorporated to facilitate easier cross-
referencing
4 648
6 th
CODE UPDATES
PROHIBITED FENCING
MATERIALS
Minor updates within Section
§16.22.080 for the installation of new
barbed and razor wire due to safety
concerns/aesthetics
Carve-out to allow existing fencing to
remain. Exception for agriculture and
livestock operations moving forward
Other fencing materials/techniques
are available
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CODE UPDATES
CONSTRUCTION NOISE
Missing Saturdays for operating hours as it relates to construction noise under Section §16.30.130.D.A.1
“Construction Noise”
“…Operating or causing the operation of tools or
equipment used in construction, drilling, repair, alteration, or demolition work between weekday hours of eight p.m.
and seven a.m., or at any time on Sundays or holidays
so that the sound creates a noise disturbance across a
residential or commercial property line, except for
emergency work of public service utilities.”
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CODE UPDATES
PRODUCE, AGRICULTURAL USES -
PARKING QUANTITIES, LOCATIONS
Currently missing parking quantities for agricultural and similar uses
Staff has been receiving a number of inquiries for
establishing new uses at rural properties
Produce Stands - Minimum of 3 on-site parking spaces
Agriculture Processing - 1 per 1,500 sq. ft. of use area Equestrian Facilities - 1 per 3 corrals plus 1 horse
trailer space for every 10 corrals plus 2 for a caretaker’s unit
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CODE UPDATES
SIGN UPDATES
Minor updates within Section
§16.38.080 “Prohibited Signs” with
addressing some typos and table
renumbering
Updating “Office and Business Park”
standards to include “Innovation
Zone” standards
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CODE UPDATES
RESIDENTIAL ACCESSORY
STRUCTURES
Propose consistent setback criteria
Clarify criteria for Guest living
quarters and removal of referencing
to ADUs which are separately
defined
Updates to landscape screening
methods for the visible portions from
the public right-of-way of a respective
cargo container
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CODE UPDATES
ACCESSORY DWELLING
UNITS
Minor updates to existing
Government Code referencing
reflective of the modifications under
adopted Senate Bill 477
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CODE UPDATES
TELECOMMUNICATIONS
FACILITIES
Minor discrepancy with the formatting
and lettering of standards under
Section §16.44.170.A.6
“Nonresidential Zoning District
Standards”
Incorporation of Innovation (INN)
Zone
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CODE UPDATES
AUTO SALES
Per Economic Development’s
request, providing minor updates for
having a simplified description for
Vehicle Dealerships and Vehicle
Storage Facilities
Minor vehicle storage updates to
clarify that the screening is for non-
vehicular storage
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CODE UPDATES
RESIDENTIAL WEDDING FACILITIES
Correction of a 4.5 acre versus 5-acre inconsistency
within the MDC
13 REPORT OF COMMISSION ACTIONS
TO CITY COUNCIL
Removal of Section §16.46.040.D. “Report of
Commission Actions to City Council” to reflect that these actions are reported administratively
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CODE UPDATES
FINAL MAP UPDATES
Designates the City Engineer with
the approval authority from the City
Council for the processing of final
maps
Streamlines the processing of final
maps consistent with industry
standards and the State’s
Subdivision Map Act provisions
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CODE UPDATES
GROSS FLOOR AREA (GFA)
DEFINITION
Need definition to help with project
review and for consistency with the
Objective Design Standards
As an industry standard,
measurement would be taken from
the outside surfaces of exterior walls
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CODE UPDATES
MINOR APPEAL UPDATES
At Code Enforcement’s request,
§1.26.070 “Appeal of Administrative
Citation” to reflect 30 days from the
current 20-day period, which is
consistent with what is currently
implemented.
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CODE UPDATES
MINOR NUISANCE ABATEMENT
UPDATES
Updates to §8.28.160 - Removal of Refuse - Provides
parameters for not allowing unknown people to remove
trash containers/bins at a location without the
authorization of the owner.
Updates to §8.28.170 - Enforcement. – This had to be
relocated due to the modifications under §8.28.160.
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CODE UPDATES
FRONT-YARD PARKING
The main concern here is with
vehicles on incompatible surfaces
and/ or creating a hazardous
condition from dismantled vehicles in
front yard areas.
Currently, there is an exception for
surfacing at ER-2 zoned and larger
properties
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CODE UPDATES
FRONT-YARD PARKING –
CONT.
With Estate Residential 2 (ER-2)
zoned properties, the minimum lot
size can be as small as 21,780 sq. ft.
(0.5 acres).
With a smaller minimum lot size,
there is the potential for creating the
environment for higher visibility from
a roadway.
19 663
RECOMMENDATION
Staff recommends the following:
1. Conduct a Public Hearing;
2. Find that said actions are exempt from the California Environmental Quality Act (CEQA) Chapter 3 of Title 14 of the California Code of Regulations beginning at Section 15000, specifically Section 15061(b)(3), because the Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment; CONT. - NEXT SLIDE
20 664
RECOMMENDATION
CONT.
3. Conduct the first reading to introduce Ordinance No. 610-24 entitled: An Ordinance of the City Council of the City of Murrieta, California, Amending Title 16 of the Murrieta Development Code to Revise Chapters 16.18,16.22,
16.30, 16.34, 16.38, 16.44, 16.46, 16.90, 16.98, and 16.110, and Amending Titles 1, 8, and 10 of the Murrieta Municipal Code to Revise Chapters 1.26,
8.28, and 10.44; and
4. Direct City staff to prepare, execute, and file with the Riverside County Clerk and the State of California, Office of Planning and Research, a Notice of Exemption within five (5) working days of the adoption of this Ordinance. 21 665
CITY OF MURRIETA
City Council Meeting Agenda
Report
9/17/2024
Agenda Item No. 13.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Brian Ambrose, Community Services Director
PREPARED BY: Brian Ambrose, Community Services Director SUBJECT:
Regional Homeless Action Plan
RECOMMENDATION
Adopt the Regional Homeless Alliance Assessment Report and Action Plan and the associated findings as prepared by Baker Tilly.
PRIOR ACTION/VOTE
On November 1, 2022, the City Council accepted and appropriated grant funding from the United States Substance Abuse and Mental Health Services Administration on behalf of the Regional Homeless Alliance (Vote: 5-0).
On May 16, 2023, the City Council approved an agreement with Baker Tilly on behalf of the Regional Homeless Alliance to provide regional homeless consulting services, including the creation of a Regional Homeless Action Plan Report (Vote: 5-0).
CITY COUNCIL GOAL
Coordinate and deliver responsive, effective community services.
BACKGROUND
In September 2022, the United States Substance Abuse and Mental Health Services Administration (SAMHSA) awarded funding to the City of Murrieta as the lead agency for the Regional Homeless Alliance (RHA). The RHA is a five-city regional homeless collaboration comprised of Murrieta, Temecula, Lake Elsinore, Menifee, and Wildomar. The purpose of the funding was to hire a consultant to develop a Regional Homeless Action Plan and to identify steps and recommendations to formalize the RHA. This funding was part of a Congressionally Directed Spending Request advocated on behalf of the City by Congressman Ken Calvert.
After a Request for Proposal process that included input from three cities, Baker Tilly was selected as the most qualified firm to lead the RHA through the creation of a Regional Homeless Action Plan and to provide recommendations to solidify the RHA as an agency to address regional homeless issues. As part of the planning process, Baker Tilly interviewed over 50 stakeholders, held numerous meetings with the region’sstaff CITY OF MURRIETA Printed on 9/12/2024Page 1 of 2
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Agenda Item No. 13.
planning process, Baker Tilly interviewed over 50 stakeholders, held numerous meetings with the region’sstaff and city managers, visited the outreach teams in each city, and completed a resource inventory. From this extensive process, Baker Tilly has submitted its final version of the RHA Assessment Report and Action Plan, also known as the Regional Homeless Action Plan. The final plan lays out seven goals and twenty-six recommendations/action steps to implement a Regional Homeless Program. The seven goals are as follows:
Goal 1: Coordinate, streamline, and improve street outreach and engagement.
Goal 2: Regionalize encampment response protocols and grants.
Goal 3: Standardize data collection, including integration with the Homeless Management Information System (HMIS) and the Coordinated Entry System (CES).
Goal 4: Connect with the County and the Continuum of Care System.
Goal 5: Regionalize funding support from County/State/Federal Sources.
Goal 6: Increase resource access points and the number of interim shelter beds available within the RHA communities.
Goal 7: Develop permanent, affordable and supportive housing units.
The twenty-six recommendations can be found in Attachment A of the Regional Homeless Alliance Assessment Report and Action Plan (Attachment 1).
Should the collaborating cities adopt the recommendations from the Action Plan, the RHA will move forward with an implementation action plan.
FISCAL IMPACT
There is no fiscal impact associated with the presentation of the Regional Homeless Action Plan and approved findings. Should the RHA move forward with an implementation plan, there will be an unknown fiscal impact for staff and a consultant shared by collaborating cities. However, the RHA is actively researching and applying for grant funds to cover a portion of those costs.
ATTACHMENTS
1. Regional Homeless Alliance Assessment Report and Action Plan CITY OF MURRIETA Printed on 9/12/2024Page 2 of 2
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Regional Homeless Alliance
Assessment Report and Action Plan
July 2024
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July 31, 2024
Brian Ambrose
Director of Community Services
Regional Homeless Alliance
1 Town Square
Murrieta, CA 92562
Dear Mr. Ambrose:
Baker Tilly is pleased to transmit this draft Regional Homeless Alliance (RHA) Assessment and Action Plan. The objective of the project included identifying opportunities for five incorporated cities within Southwest Riverside County to operationalize a regional approach that will significantly reduce the number of individuals experiencing homelessness in the region. This includes a plan in which the five cities, along with other stakeholders, align their current efforts to address homelessness using a regional approach that improves capacity, strengthens outcomes, and enhances the resources needed to ensure the overall effectiveness of this response. This plan will allow staff and policymakers to focus on the programs, services, and resources needed to effectively address homelessness on a regional level, compete more proactively for funding opportunities, and prioritize limited resources to share in collective outcomes.
We developed our observations, areas of focus, and recommendations after gathering insights from city leadership and staff in each of the five cities, county staff, nonprofits, and other stakeholders. Additionally, in approaching this important effort, we reviewed existing programs and services, conducted nonprofit engagement, reviewed the approach used by each agency to address their homeless population and resources dedicated to this issue.
During the project engagement, Baker Tilly noted that staff in all jurisdictions were diligent and committed to professional practices in their work. Our major observations and recommendations are intended to build on the work of staff and implement enhancements that will increase cooperation and provide more efficient use of staff and resources. Our key recommendations include the following focus areas:
1) mobilizing street outreach teams regionally across the five city borders within the RHA, while enhancing resource linkages during these engagement efforts, 2) regionalizing the encampment response efforts in conjunction with the County behavioral health teams, 3) developing strategies to capture and share data on homelessness both as independent cities and representing the RHA, 4) improving connectivity to the Continuum of Care (CoC) system, including linkages to Countywide resources, 5) Tracking funding opportunities for the RHA initiatives, including the Encampment Resolution Funding (ERF) program, and 6) identifying new access points for resource linkages, along with seeking opportunities to develop up to 60 interim shelter beds for the region, while improving linkages between the RHA and the CoC for housing navigation and placement efforts, and outlining options for formalizing the RHA collaborative.
Baker Tilly is pleased to provide a foundational roadmap for improving the RHA response to homelessness in the region. Each city has developed a response to homelessness and has identified strengths and opportunities that can be shared to benefit the regionalized approach to homelessness. We have established that no one city should try to solve homelessness without partnerships. In this report, we provide many examples where partnerships will serve to elevate the effectiveness of existing response efforts. Improved integration with the County of Riverside Continuum of Care and other Countywide resources pertaining to behavioral health, workforce development, transit, healthcare and CalAIM will help bring the type of results that each of the five cities in the RHA can expect by leaning in together to 670