Norco City Council
September 21, 2022

Commission, Committee and
Advisory Council Application
Submission Date: February 17, 2022
Applicant Type: New Applicant
Primary Selection: Parks & Recreation Commission
Secondary Selection(s): Streets, Trails & Utilities Commission Name: James Boggs
Address:

Phone:

Email:

Basic Requirements: I am a citizen of the United States I am a resident of the City of Norco
I am at least 18 years old
I am a registered voter
Felony Conviction: No
Length of Residency: 4
Employment Status: Employed
Norco Business Owner: No
Business Name:

Employed in Norco: No
Business Name:

GENERAL QUESTIONS
Community Involvement (List any boards, commissions, committees and/or organizations on which you are currently serving or have served on)
I owned a small retail / wholesale business from 1984 2012. Between business and family free time was scarce. Now Im working for a large family owned automotive warehouse, selling to auto parts stores, fleets, and municipalities
Employment Background (List titles and duties)

Outside sales 1980-1984 Motors Inc
Business owner 1984- 2012 J & C Auto Supply
General Manager 2012-2014 Parts Source
Outside sales 2014- current Hanson Distributing
Educational Background (List degrees, majors, credentials, certificates and/or licenses) CAWA certification
Relevant Experience (Briefly explain how your background, training, education and/or interests specifically qualify you as an applicant for the governmental body you are applying to serve on)
I have always been in a people driven environment. Knowing that listening to others is always a key to any conversation, I'm confident in problem solving and doing the right thing.

Why are you interested in serving on a City of Norco Commission/Committee/Advisory Council?
I am at a point in my life where I would like to give back in a community where I live. Finally, I have the time to do that.

In your opinion, what are the goals and objectives of the Commission(s)/Committee(s)/Advisory Council(s) you are applying to serve on? Goals and objectives should always be for the betterment of the city and its residents or business's.

The key ingredient is finding a happy place for all involved.

If appointed, how would you help achieve these goals and objectives? In any relationship it takes hard work. An ability to know when to listen and when to speak up.

Dedication to the task at hand and always striving for the best solution If appointed to serve, do you see any potential for a conflict of interest claim based on personal interests?
no

APPLICATION AGREEMENT
☒ I understand and agree to the above statements
☒ I have read and understand the contents of the City of Norco’s Code of Ethics, Conflict of Interest Code and Social Media Policy.
☒ I consent to the City of Norco conducting a basic background check if I am selected for appointment.

☒ I agree that all of the information contained in this application is true and accurate to the best of my knowledge. I further agree that, by submitting this application online or otherwise, I am affixing my digital signature to this form as of the date submitted.

Signature: James Boggs Date Submitted: February 17,
2022

Commission, Committee and
Advisory Council Application
Submission Date: May 19, 2021
Applicant Type: New Applicant
Primary Selection: Streets, Trails & Utilities Commission Secondary Selection(s): Parks & Recreation Commission
Name: John Lucas
Address:

Phone:

Email:

Basic Requirements: I am a citizen of the United States I am a resident of the City of Norco
I am at least 18 years old
I am a registered voter
Felony Conviction: No
Length of Residency: 9
Employment Status: Employed
Norco Business Owner: No
Business Name:

Employed in Norco: No
Business Name:

GENERAL QUESTIONS
Community Involvement (List any boards, commissions, committees and/or organizations on which you are currently serving or have served on)
Grocery Association
Farmers Association
Quarter Horse Association
Equestrian Association

Employment Background (List titles and duties)
Vice President of Campbell’s Snacks Pacific Southwest
(6 states on the West Coast)
Campbell’s Soup is the parent company
Educational Background (List degrees, majors, credentials, certificates and/or licenses) California State University of Fullerton
Bachelors Degree
Criminal Justice Major
Sociology Minor
Relevant Experience (Briefly explain how your background, training, education and/or interests specifically qualify you as an applicant for the governmental body you are applying to serve on)
I’m seasoned 35 veteran in the Grocery Industry that has had strong community ties and support.

I know how bring people together I’m a diplomatic way and resolve matters in a positive manner.

I’ve dealt and work through Teamster strikes and union negotiations, so I’m very familiar with high stress situations.

I manager multi-million P&L bottom lines for Pepsi Bottling Group for 15 years as the Senior Operations Manager and currently manage a $400 million dollar region.

I’m calm and professional at all times, but I’m very passionate about progress and results.

I’m a proud Norco and American Citizen that loves our City and Country .

John Lucas
Why are you interested in serving on a City of Norco Commission/Committee/Advisory Council?
Because I believe I’m good representative of the people of Norco.

In your opinion, what are the goals and objectives of the Commission(s)/Committee(s)/Advisory Council(s) you are applying to serve on? To make decisions that are in the best interest of the city, residents and business owners.

Advise and put forth ideas and solutions that are collaborative of the panel or group.

If appointed, how would you help achieve these goals and objectives? I would put in the time to understand my role and responsibility.

I would be a major advocate of what’s Best for Norco and residents that live there.

I would lead with honor and loyalty whom I support or report to.

If appointed to serve, do you see any potential for a conflict of interest claim based on personal interests?
None what so ever.

John Lucas is honorable person that was raised in a military family.

I have strong faith in God, Country and Family.

APPLICATION AGREEMENT
☒ I understand and agree to the above statements
☒ I have read and understand the contents of the City of Norco’s Code of Ethics, Conflict of Interest Code and Social Media Policy.
☒ I consent to the City of Norco conducting a basic background check if I am selected for appointment.
☒ I agree that all of the information contained in this application is true and accurate to the best of my knowledge. I further agree that, by submitting this application online or otherwise, I am affixing my digital signature to this form as of the date submitted.

Signature: John Lucas Date Submitted: May 19, 2021

Commission, Committee and
Advisory Council Application
Submission Date: May 26, 2021
Applicant Type: New Applicant
Primary Selection: Parks & Recreation Commission
Secondary Selection(s): Measure R Citizens' Oversight Committee Name: Tana Lopez
Address:

Phone:

Email:

Basic Requirements: I am a citizen of the United States I am a resident of the City of Norco
I am at least 18 years old
I am a registered voter
Felony Conviction: No
Length of Residency: 17
Employment Status: Employed
Norco Business Owner: No
Business Name:

Employed in Norco: No
Business Name:

GENERAL QUESTIONS
Community Involvement (List any boards, commissions, committees and/or organizations on which you are currently serving or have served on)
Norco HS PTSA volunteer, club sports managers
Employment Background (List titles and duties)
Accountant - manage project budgets, monthly, quarterly financials, audits, tax prep

Educational Background (List degrees, majors, credentials, certificates and/or licenses) BA with concentration in Accounting
Relevant Experience (Briefly explain how your background, training, education and/or interests specifically qualify you as an applicant for the governmental body you are applying to serve on)
I just want to help my community out, and I want our town to be better suited for our children and to have fun activities for them to partake in.

Why are you interested in serving on a City of Norco Commission/Committee/Advisory Council?
I want to be a part of a solution instead of a neigh sayer and never do anything about it.

In your opinion, what are the goals and objectives of the Commission(s)/Committee(s)/Advisory Council(s) you are applying to serve on? The goals should always to help better our community no matter the commission or committee.

Strive to do good on all aspects for the people of this town.

If appointed, how would you help achieve these goals and objectives? First you need to truly listen to what is wanted by our town, and to see if it's doable.

If appointed to serve, do you see any potential for a conflict of interest claim based on personal interests?
No I do not.

APPLICATION AGREEMENT
☒ I understand and agree to the above statements
☒ I have read and understand the contents of the City of Norco’s Code of Ethics, Conflict of Interest Code and Social Media Policy.
☒ I consent to the City of Norco conducting a basic background check if I am selected for appointment.
☒ I agree that all of the information contained in this application is true and accurate to the best of my knowledge. I further agree that, by submitting this application online or otherwise, I am affixing my digital signature to this form as of the date submitted.

Signature: Tana Lopez Date Submitted: May 26, 2021

Commission, Committee and
Advisory Council Application
Submission Date: June 2, 2021
Applicant Type: New Applicant
Primary Selection: Streets, Trails & Utilities Commission Secondary Selection(s): Parks & Recreation Commission
Name: Thomas Dahms
Address:

Phone:

Email:

Basic Requirements: I am a citizen of the United States I am a resident of the City of Norco
I am at least 18 years old
I am a registered voter
Felony Conviction: No
Length of Residency: 8
Employment Status: Retired
Norco Business Owner: No
Business Name:

Employed in Norco: No
Business Name:

GENERAL QUESTIONS
Community Involvement (List any boards, commissions, committees and/or organizations on which you are currently serving or have served on)
Admin. for Norconians Helping Norconians group which is designed to help veterans, seniors, disabled in Norco.

US Army Reserves - Honorable Discharged 8 years of service.

Employment Background (List titles and duties)

Retired after 35 years of service with Southern California Gas Company - Lead Planning Associate planned High Pressure Pipeline, New Business Housing Tracts Main and Services.

Educational Background (List degrees, majors, credentials, certificates and/or licenses) High School Diploma
AA Degree - Rio Hondo College
Relevant Experience (Briefly explain how your background, training, education and/or interests specifically qualify you as an applicant for the governmental body you are applying to serve on)
Worked for utility company for 35 years, experience with City and County permitting process, paving repairs, experience with contractors and cities in regards to gas main installations, city improvements, storm drain installation, over saw contracts and repairs.

Why are you interested in serving on a City of Norco Commission/Committee/Advisory Council?
These are interesting times, I love this city and would like to be part of continuing the momentum to make it even better.

In your opinion, what are the goals and objectives of the Commission(s)/Committee(s)/Advisory Council(s) you are applying to serve on? To assist in making Norco trails and streets safer, identify streets that need repairs.

If appointed, how would you help achieve these goals and objectives? Assist commission in brainstorming and implementing ideas.

If appointed to serve, do you see any potential for a conflict of interest claim based on personal interests?
There would be no conflict of interest.

APPLICATION AGREEMENT
☒ I understand and agree to the above statements
☒ I have read and understand the contents of the City of Norco’s Code of Ethics, Conflict of Interest Code and Social Media Policy.
☒ I consent to the City of Norco conducting a basic background check if I am selected for appointment.

☒ I agree that all of the information contained in this application is true and accurate to the best of my knowledge. I further agree that, by submitting this application online or otherwise, I am affixing my digital signature to this form as of the date submitted.

Signature: Thomas E. Dahms Date Submitted: June 2, 2021

Commission, Committee and
Advisory Council Application
Submission Date: July 7, 2021
Applicant Type: New Applicant
Primary Selection: Parks & Recreation Commission
Name: Wendy Thomas
Address:

Phone:

Email:

Basic Requirements: I am a citizen of the United States I am a resident of the City of Norco
I am at least 18 years old
I am a registered voter
Felony Conviction: No
Length of Residency: 0
Employment Status: Unemployed
Norco Business Owner: No
Business Name:

Employed in Norco: No
Business Name:

GENERAL QUESTIONS
Community Involvement (List any boards, commissions, committees and/or organizations on which you are currently serving or have served on)
Served on the LARCS (Ladera Ranch Community Services) committee as a Board Member responsible for coordinating town events such as the 4th of July parade/festivities, summer concerts in the park, Holiday Decorating Contest, Adult date night parties, Easter Egg Hunt, Dogs & Brew and others.

Served on the LARMAC (Ladera Ranch Maintenance Corporation) committee as both a

Neighborhood Representative and a Neighborhood Activities Coordinator. I was responsible for coordinating my neighborhood parties and events (each neighborhood has a neighborhood Rep/Activities Coordinator).

Employment Background (List titles and duties)
Self-Employed Interior & Exterior Designer (semi-retired); Principal Designer; Educational Background (List degrees, majors, credentials, certificates and/or licenses) Associate of Science from Saddleback College
Relevant Experience (Briefly explain how your background, training, education and/or interests specifically qualify you as an applicant for the governmental body you are applying to serve on)
As mentioned above, I have served on the LARCS (Ladera Ranch Community Services) committee as a Board Member responsible for coordinating town events such as the 4th of July parade/festivities, summer concerts in the park, Holiday Decorating Contest, Adult date night events, Easter Egg Hunt festivities, Dogs & Brew event and others.

I have also served on the LARMAC (Ladera Ranch Maintenance Corporation) committee as both a Neighborhood Representative and a Neighborhood Activities Coordinator. I was responsible for coordinating my specific neighborhood parties and events (each neighborhood has a neighborhood Rep/Activities Coordinator). Events included Halloween night neighborhood Block Party, Progressive Dinner Parties, 4th of July Block Parties, Holiday Decorating Party to enter our neighborhood into the Holiday Decorating Contest.

Why are you interested in serving on a City of Norco Commission/Committee/Advisory Council?
I am now semi-retired from working as a designer and am good at implementing and helping to coordinate large scale and small scale town events. I also very much enjoy bringing people together to celebrate.

In your opinion, what are the goals and objectives of the Commission(s)/Committee(s)/Advisory Council(s) you are applying to serve on? In my opinion, I believe the goals and objectives of the Parks and Recreation Commission would be to plan quality recreation programs and activities within the City of Norco's parks, trails and open space. Planning should consider the needs of the population of citizens living within the City of Norco and ultimately serve public interests and protect the Cities resources and public lands.

If appointed, how would you help achieve these goals and objectives? By providing my knowledge and expertise in the area of planning small and large town events.

If appointed to serve, do you see any potential for a conflict of interest claim based on personal interests?
No

APPLICATION AGREEMENT
☒ I understand and agree to the above statements
☒ I have read and understand the contents of the City of Norco’s Code of Ethics, Conflict of Interest Code and Social Media Policy.
☒ I consent to the City of Norco conducting a basic background check if I am selected for appointment.
☒ I agree that all of the information contained in this application is true and accurate to the best of my knowledge. I further agree that, by submitting this application online or otherwise, I am affixing my digital signature to this form as of the date submitted.

Signature: Wendy O Thomas Date Submitted: July 7, 2021

Governmental Body Application
Submission Date: September 6, 2022
Applicant Type: New Applicant
Primary Selection: Historic Preservation Commission
Name: David Meadows
Address:

Phone:

Email:

Basic Requirements: I am a citizen of the United States I am a resident of the City of Norco
I am at least 18 years old
I am a registered voter
Felony Conviction: No
Length of Residency: 38
Employment Status: Retired
Norco Business Owner: No
Business Name:

Employed in Norco: No
Business Name:

GENERAL QUESTIONS
Community Involvement (List any boards, commissions, committees and/or organizations on which you are currently serving or have served on)
I was a volunteer for about 5 years, up at the old community center on Norco Clean-Up day, until it was transferred up to Ingall’s. Just about broke my own nose once when I didn’t toss a tire hire enough to land in the already full roll-off, and it bounced back and caught me square in the face, lol. I was doing the tires, e-waste and tennis shoes. It was exciting and I met a lot of great Norconians Employment Background (List titles and duties)

Chevrolet. Springfield, Mo. mechanic.,
Crow-Burlingame. Springfield, Mo. auto parts and paint sales.

Steward-Davis. South Gate, CA. turbine engine mechanic.

General Electric Aviation. Ontario, Ca. turbine engine mechanic.

Lockheed-Martin. San Antonio, TX. turbine engine mechanic.

Omnitrans. San Bernardino, Ca. bus mechanic and CHP certified vehicle inspector.

Golden Cheese Company. Corona, Ca. cheese, whey and alcohol production plant mechanic.

City of Riverside. waste water plant mechanic.

UPS. Ontario, Ca. AM Ramp. loaded containers on and off aircraft, and marshalled aircraft onto and off the tarmac.

O’Reillys. Norco, Ca. auto parts counter sales and delivery driver.

Collins Aerospace. Riverside, Ca. composite fabrication nacelle assembler.

Educational Background (List degrees, majors, credentials, certificates and/or licenses) I was enrolled in Drafting, Architecture and Architectural Special Problems during my full sophomore, junior and high school years while I attended Norco HS, in care of my teacher Geoffrey Nett.

I also have excellent English and Editorial skills, in care of my Norco HS teacher Leean Bitterolf.

Wyoming Tech. Sheridan, Wy. Advanced Heavy Diesel Technician. C average grade and perfect attendance.

Relevant Experience (Briefly explain how your background, training, education and/or interests specifically qualify you as an applicant for the governmental body you are applying to serve on)
I love Norco’s history and lifestyle. I own and published the website graphictracks dot com, which I’m currently uploading 18 Norco High, and 7 Norco Junior High, school yearbooks, so our alumi (and anybody else in the world) can view, free of advertising and sponsorship, and without having to register or become a member.

Why are you interested in serving on a City of Norco Commission/Committee/Advisory Council?
My friend and fellow Norconian, Kevin Bash said that I should consider serving on one of the Norco Committees.

Note: I have bad knees from a childhood injury (I’ve never applied or claimed a disability throughout my lifetime and career) and now in my later years, I’m finding it more difficult to bend my knees to do the mechanical adventures I so once loved to do.

In your opinion, what are the goals and objectives of the Commission(s)/Committee(s)/Advisory Council(s) you are applying to serve on? Research, Search, Gather and present objects of historical value for our community and citizens so that they can see/view our rural history and our continued knitting of modern day western lifestyles to those of our past.

If appointed, how would you help achieve these goals and objectives?

Search, search, search and keep meticulous records and abstain from handling historical records without kid gloves so to speak. It’s just something that I’ve enjoyed prior to ever even considering to apply for a commission position.

If appointed to serve, do you see any potential for a conflict of interest claim based on personal interests?
Not at all. Not even the slightest interest.

APPLICATION AGREEMENT
☒ I understand and agree to the above statements
☒ I have read and understand the contents of the City of Norco’s Code of Ethics, Conflict of Interest Code and Social Media Policy.
☒ I consent to the City of Norco conducting a basic background check if I am selected for appointment.
☒ I agree that all of the information contained in this application is true and accurate to the best of my knowledge. I further agree that, by submitting this application online or otherwise, I am affixing my digital signature to this form as of the date submitted.

Signature: David Meadows Date Submitted: September 6,
2022

Governmental Body Application
Submission Date: September 13, 2022
Applicant Type: New Applicant
Primary Selection: Historic Preservation Commission
Name: Diane Collins
Address:

Phone:

Email:

Basic Requirements: I am a citizen of the United States I am a resident of the City of Norco
I am at least 18 years old
I am a registered voter
Felony Conviction: No
Length of Residency: 17
Employment Status: Employed
Norco Business Owner: Yes
Business Name: By Dizign
Employed in Norco: Yes
Business Name: self-employed

GENERAL QUESTIONS
Community Involvement (List any boards, commissions, committees and/or organizations on which you are currently serving or have served on)
Economic Development Advisory Council
Lake Norconian Club Foundation Board of Directors
Employment Background (List titles and duties)

By Dizign, Owner (2011-present)
Sports Nut Pizza, Owner (2019-2022)
Norco Area Chamber of Commerce, President/CEO (2012-2017) Educational Background (List degrees, majors, credentials, certificates and/or licenses) AA Business Administration, Marketing - Riverside City College AA Business Administration, Accounting - Norco College
Certificate, Professional Meeting Planning - Cal State Fullerton Notary Public
Relevant Experience (Briefly explain how your background, training, education and/or interests specifically qualify you as an applicant for the governmental body you are applying to serve on)
My years of involvement with the City of Norco through the Chamber, LNCF, and EDAC have educated me on so much of Norco's history, and its importance in the City's status as a Certified Local Government. Norco has such a rich history, especially for such a small town, and its preservation is essential.

Why are you interested in serving on a City of Norco Commission/Committee/Advisory Council?
I love Norco, and being a citizen of Horsetown USA, and am interested in continuing to serve the city and its residents as I did for so many years on EDAC.

In your opinion, what are the goals and objectives of the Commission(s)/Committee(s)/Advisory Council(s) you are applying to serve on? To maintain the historic archives and advise staff and Council on matters pertaining to the preservation of Norco's history.

If appointed, how would you help achieve these goals and objectives? Assist with the Heritage Room and continue to learn more about and share Norco's history with the public.

If appointed to serve, do you see any potential for a conflict of interest claim based on personal interests?
I do not see any potential for any conflicts of interest.

APPLICATION AGREEMENT
☒ I understand and agree to the above statements
☒ I have read and understand the contents of the City of Norco’s Code of Ethics, Conflict of Interest Code and Social Media Policy.

☒ I consent to the City of Norco conducting a basic background check if I am selected for appointment.
☒ I agree that all of the information contained in this application is true and accurate to the best of my knowledge. I further agree that, by submitting this application online or otherwise, I am affixing my digital signature to this form as of the date submitted.

Signature: Diane Collins Date Submitted: September
13, 2022

Governmental Body Application
Submission Date: September 14, 2022
Applicant Type: New Applicant
Primary Selection: Historic Preservation Commission
Name: Dean Chase
Address:

Phone:

Email:

Basic Requirements: I am a citizen of the United States I am a resident of the City of Norco
I am at least 18 years old
I am a registered voter
Felony Conviction: No
Length of Residency: 0
Employment Status: Retired
Norco Business Owner: No
Business Name:

Employed in Norco: No
Business Name:

GENERAL QUESTIONS
Community Involvement (List any boards, commissions, committees and/or organizations on which you are currently serving or have served on)
Thomas Edison SCE handwritten historical business document preservation.

Sons of American Revolution Registrar Riverside chapter member NH MA.

OAAA Order of American of Armorial Ancestry Member CA
Employment Background (List titles and duties)

PRA2 SCE Thomas Edison handwritten business records preservation Operations Manager Ziem imagery Riverside, CA
Purchasing Manager Bijin Rodeo Dr BH CA
Sr Research Asst Hughes Howard El Segundo CA
Educational Background (List degrees, majors, credentials, certificates and/or licenses) University of Redlands BA Business Management with honors Relevant Experience (Briefly explain how your background, training, education and/or interests specifically qualify you as an applicant for the governmental body you are applying to serve on)
SCE Thomas Edison handwritten business record project/ preservation Hughes Howard Technical library iconic treasure.

Why are you interested in serving on a City of Norco Commission/Committee/Advisory Council?
I have the time and energy; I would like to help capture the rich history of cities Grand hotel; I relish the opportunity.

In your opinion, what are the goals and objectives of the Commission(s)/Committee(s)/Advisory Council(s) you are applying to serve on? Preserve
Document
Catalog
If appointed, how would you help achieve these goals and objectives? * Individually identify if condition requires protect wrap items preserve as required. If necessary, develop a environmentally physical safe space secure against light/temp/ moisture.
*If necessary, create/draft individual floor plans number all rooms and halls. *Conduct complete physical inventory all items. Rate condition 1-10. *Create a master serial number log, inventory catalog, physically tag all items by number and enter in master index assigned number by location, room number, condition an attach photo.

If appointed to serve, do you see any potential for a conflict of interest claim based on personal interests?
None
SUPPLEMENTAL QUESTIONS: HISTORIC PRESERVATION COMMISSION

Qualification: History Professional Qualifications
BA in CRF (Substantial contribution to field)
Architectural History Professional Qualifications
BA in CRF (Two years full-time experience in field/with institution)

APPLICATION AGREEMENT
☒ I understand and agree to the above statements
☒ I have read and understand the contents of the City of Norco’s Code of Ethics, Conflict of Interest Code and Social Media Policy.
☒ I consent to the City of Norco conducting a basic background check if I am selected for appointment.
☒ I agree that all of the information contained in this application is true and accurate to the best of my knowledge. I further agree that, by submitting this application online or otherwise, I am affixing my digital signature to this form as of the date submitted.

Signature: Dean Chase Date Submitted: September
14, 2022

Norco Municipal Code Page 1/1
The Norco Municipal Code is current through Ordinance 1076, passed November 17, 2021.

2.26.040 Requirements for membership.

Commission members shall be persons who, as a result of their education, training, knowledge, and experience, are qualified to analyze and interpret architectural and site planning information, including but not limited to licensed landscape architects and architects, urban planners, engineers, and licensed general contractors. To the extent available in the community, at least two of the members shall have professional experience or academic credentials in urban planning, architectural history or historic preservation, archaeology, American studies or history, cultural geography, or cultural anthropology. These minimum professional qualifications may be waived by the City Council pursuant to aggressive outreach efforts failing to produce qualified candidates. All members shall have a general knowledge of architectural styles prevalent in Norco. All members of the Historic Preservation Commission shall meet the following requirements:

A. Be a citizen of the United States.

B. Be at least 18 years of age.

C. Be a legal resident of Norco.

D. Possess the qualifications as listed in this section.

E. Have taken and filed with the City Clerk the oath required by Section 36507 of the Government Code.

F. Have never been convicted of a felony. (Ord. 984 Sec. 1, 2015; Ord. 928 Sec. 1, 2011; Ord. 902 Sec. 1, 2008)

City Council

STAFF REPORT
Date: September 21, 2022 Agenda Item:

6.A.

To: Honorable Mayor and City Council Members
Prepared By: Erika Woods-Diaz, Assistant Planner
Department: Planning
SUBJECT:

Appeal Hearing: An appeal of the Planning Commission denial of Conditional Use Permit 2022-04 (Norco Old Town Market): A request for approval to allow the sale of a full-line of alcohol beverages (distilled spirits) for off-site consumption in conjunction with a 2,558 square-foot convenience store located in the C-G (Commercial General) Zone, at 4410 California Avenue (APN 153-200-020).

RECOMMENDATION:

Uphold the determination of the Planning Commission to deny Conditional Use Permit (CUP) 2022-04.

SUMMARY:

The applicant, Miguel Santamaria, appealed the decision by the Planning Commission to deny CUP 2022-04 on August 10, 2022. The requested Conditional Use Permit (CUP) is for the sale of distilled spirits for off-site consumption in conjunction with a convenience store at 4410 California Avenue. The Planning Commission recommended denial, and staff recommends upholding the Planning Commission's decision.

BACKGROUND:

The Planning Commission held a Public Hearing for Conditional Use Permit 2022-04 on August 10, 2022 (ref. Exhibit "A" - Staff Report and Exhibit "B" - Minute Excerpt of said meeting). The requested CUP is for the sale of distilled spirits for off-site consumption in conjunction with a convenience store 4410 California Avenue. The convenience store with the ancillary sale of only beer and wine is a permitted use in the C-G zone. The sale of distilled spirits is allowed as an ancillary use with the approval of a CUP.

After consideration of all testimony, written and oral, the Planning Commission denied the requested Conditional Use Permit for distilled spirits. That determination was based on the over concentration of alcohol uses within the City of Norco and sensitive uses (residential) within 100-feet of the subject site and therefore, the following findings required for the approval of a CUP could not be made:

1. The requested Conditional Use Permit will not adversely affect the General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof;

2. The requested use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; The Motion for denial was carried by 4 Ayes and 1 No vote. The denial of CUP 2022-04 was appealed by the applicant on August 18, 2022.

Staff recommends that the City Council uphold the Planning Commission decision and deny the appeal. Should the City Council determine to overturn the decision of the Planning Commission and approve CUP 2022-04, a resolution for approval will be brought back to the City Council at the scheduled meeting of October 5, 2022.

Noticing: Notices of said appeal were mailed to surrounding property owners within the required radius with at least 25 properties notified as required for public hearings. At the time of writing this report, no comments have been received.

FISCAL IMPACT:

Not applicable.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Strategic Plan directive #2 - Engage with the community through excellent customer service, communication, and programs.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):

Exhibit A
Exhibit B

Planning Commission

STAFF REPORT
Date: August 10, 2022 Agenda Item:

5.B
To: Honorable Chair and Commission Members
Prepared By: Erika Woods-Diaz, Assistant Planner
Department: Planning
SUBJECT:

Conditional Use Permit 2022-04 (Norco Old Town Market): A request for approval to allow the sale of a full-line of alcohol beverages (distilled spirits) for off-site consumption in conjunction with a 2,558 square-foot convenience store located in the C-G (Commercial General) zone at 4410 California Avenue (APN 153-200-020).

RECOMMENDATION:

Determine if approval of Conditional Use Permit 2022-04 is warranted.

SUMMARY:

SUMMARY: The requested Conditional Use Permit (CUP) is for the sale of distilled spirits for off-site consumption in conjunction with a convenience store 4410 California Avenue.

The convenience store with the ancillary sale of only beer and wine is a permitted use in the C-G zone. The sale of distilled spirits is allowed as an ancillary use with the approval of a Conditional Use Permit.

BACKGROUND:

PROPERTY DESCRIPTION: Built in 1974, the existing structure is developed with a 2,558 square-foot convenience store (Norco Old Town Market). The project site is located on 0.43 acres of land on the northwest corner of California Avenue (ref. Exhibit A – Location Map). The subject building is currently being renovated as well as the parking lot (ref. Exhibit B – Site and Floor Plans). To the north of the subject site is C-G zoned property developed with a residential use. Abutting the site to the west is A-1 zoned property developed with residential uses. To the east of California Avenue is C-G zoned property developed with a commercial use, and south of Seventh Street is A-1 zoned property that is predominately residential.

BACKGROUND/PROJECT DESCRIPTION: Research shows that the previous business on-site was operated as a Circle “K” for a number of years from December of 1974 through approximately 1994. The use did have a beer and wine license issued by the Department of Alcohol Beverage Control (ABC) for many years without any disciplinary

actions towards the licensee. After 1994, that business was no longer at this site and the alcohol license was cancelled. The building has remained vacant for a number of years and is now re-opening as a convenience store; the Norco Old Town Market (ref. Exhibit C – Aerials and Photos).

Per the applicant, the store will provide a variety of convenient amenities such as fresh food items, a fruit and vegetable table and many other convenient items. The convenience store will also have a section for freshly made food that can be purchased by their patrons.

The applicant is requesting approval of a CUP to be permitted to sell distilled spirts; a full line of alcohol beverages for off-site consumption in conjunction with the convenience store as an added amenity. The hours of operation are from Monday through Friday 7:00 a.m. to 7:00 p.m.; Saturday and Sunday’s from 8:00 a.m. to 6:00 p.m. The hours of operation are the same for alcohol sales.

ANALYSIS: The C-G zone allows the convenience store by right along with beer and wine off-site sales. Intensifying the alcohol to a full line of alcohol beverages requires approval of a CUP. The State of California Department of Alcoholic Beverage Control (ABC) would follow the requirements of the jurisdiction the site is located in; therefore, requiring proof of an active CUP in order to approve any license request.

Of concern to planning staff would be sensitive uses such as schools, churches and residential uses within 100-feet of the site. Residential uses do exist within 100 feet and therefore an analysis required in order to determine if there is a non-interference with such uses that can be met.

The applicant is requesting from ABC a Type 21 Original license to be issued for off-site consumption in conjunction with the convenience store. A Type 21 is issued for markets, grocery stores and any retail location that sales a full line of alcohol for off-site consumption.

In addition to meeting back ground checks, high crime area statistics and other requirements set by the ABC ACT; the Department allocates the number of licenses based on the population per census tracts within a City or County. The City of Norco is divided into ten different census tracts. This specific site is located in census tract 407.03 and is allocated for two on-site and one off-site licenses by the State. Currently, there are 2 on-site and 2 off-site licenses that are active in this census tract as shown below. • Senor Tacos – 313 Sixth Street, Type 41 beer & wine (On-site restaurant use) • Saddle Sore Eatery & Saloon – 343 Sixth Street, Type 47 Full line (On-site restaurant use)
• Rodeo Ranch Market – 313 Sixth Street, Type 21 Full line (Off-site sales market use)
• Circle K – 790 Sixth Street, Type 20 beer & wine (Off-site sales market use) Based on the data noted above, there is an over concentration of ABC licenses in the census tract. ABC will issue licenses beyond what is allocated by their agency if a public convenience and necessity is met and a CUP is granted. The entire City of Norco with a population just over 26,000 has 81 active alcohol licenses within its city limits. The City as a whole is grossly over-concentrated with such uses.

Below is a list of alcohol licenses by Type that is active within the City of Norco. (18) Active Type 20 off-site consumption beer and wine - Markets/grocery stores (19) Active Type 21 off-site consumption distilled spirits – Markets/grocery stores (19) Active Type 41 on-site consumption beer and wine – Restaurants/sit down (13) Active Type 47 on-site consumption distilled spirits – Restaurants/bars/sit down (1) Active Type 48 on-site consumption distilled spirits - Nightclub (1) Active Type 51 on-site consumption distilled spirits - Club (1) Active Type 52 on-site consumption distilled spirits – Veterans club (6) Active Type 58 off-site consumption distilled spirits - Catering (1) Active Type 68 off-site consumption distilled spirits – Portable bars (1) Active Type 70 on-site consumption distilled spirits - Hotel (1) Active Type 86 on-site consumption distilled spirits – Instructional tasting Staff did contact Sheriff’s Department but had no reason to object as long as they follow the law. The application was submitted already to ABC back in September of last year and is pending the completion of their investigation. ABC; however, will require CUP approval and possibly a Public, Convenience and Necessity determination by staff.

Conditional Use Permit Analysis per NMC Chapter 18.45 (CUP): The NMC states: “The purpose of the CUP is to review the location, site development, and/or conduct of certain land uses (and buildings). These are uses which generally have a unique and distinct impact on the area in which they are located, or are capable of creating special problems for adjacent properties unless given special review and special conditions. A Conditional Use Permit may be granted at the discretion of the Planning Commission, and is not the automatic right of any applicant.”
The CUP application requires certain information from the applicant so that the Planning Commission can make its determination. The table below summarizes the required information and whether the information was provided:

CUP APPLICATION REQUIREMENTS (18.45.06)

DID THE

APPLICANT

PROVIDE THE
INFORMATION?
1,2
The name and address of the applicant; evidence of
ownership and/or permission to make application; legal
description; fees.

YES
3 Nine (9) copies of a Site Plan, containing all the information required by Section 18.40.08 (Content of a Site Plan). YES 4 Such other information as the Planning Commission or City Council may require, including but not limited to market studies, design studies, engineering studies, and evidence of the ability and intention of the applicant to proceed with construction in accordance with approved plans within one year from the approval of the Conditional Use Permit.

N/A
(no additional
studies
requested at this
time)
5 Responsibility for Accuracy. The applicant shall be solely responsible for the accuracy of information submitted as part YES

of his application. Submission of inaccurate plans, legal descriptions, surrounding property owners list, and other information shall be cause for invalidation of all actions regarding his petition.
6 Such applications shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the City, and there shall be attached to each such application copies of all reports, notices and actions pertaining thereto.

YES

18.45.08. The Commission shall cause to be made such
investigation of facts bearing on the application for a Conditional Use Permit as will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of this Ordinance.

Planning
Commission
(PC) Discretion

18.45.10. In considering the Conditional Use Permit
application, the Commission, and Council on Appeal, shall review the proposed plans under the terms and criteria of Chapter 18.40 (Site Plan Review), and Chapter 18.41
(Architectural Review) if applicable.

N/A
NMC Chapter 18.45 (CUP) Findings Analysis: The Planning Commission has discretion to approve, change, or deny a CUP. From the Governor’s Office of Planning and Research (OPR) a CUP allows the Planning Commission to consider special uses which may be essential or desirable to a particular community, but which are not allowed as a matter of right within a zoning district. That decision is required to be made through a public hearing process. A CUP can provide flexibility within a zoning ordinance and is also used to control certain uses which could have a detrimental effect on the community.

The Commission in granting a Conditional Use Permit may establish conditions under which a lot or parcel of land may be used or a building erected and/or altered, or make requirements as to right of-way dedications, architecture, height of building, open spaces, parking areas, and conditions of operation of any enterprise or make any requirements that the Commission may consider necessary to prevent damage or prejudice to adjacent properties, or detriment to the welfare of the community.

Before a Conditional Use Permit may be granted, the Commission, or Council upon appeal to it, must make a finding from the evidence as submitted, that all four of the following conditions exist in reference to the property being considered:

1.) The requested Conditional Use Permit will not adversely affect the General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof.

Consideration to make this finding: The Norco General Plan designated the site as Commercial Community, which is consistent with the “C-G” (Commercial General) zone of the site. The nature of the proposed land use is conditionally permitted in the district and would be subject to conditions. The Planning Commission will need to determine if the proposed CUP to allow the sale of distilled spirits for off-site consumption can be operated in a manner that will not adversely affect the immediate neighborhood.

2.) The requested use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located.

Consideration to make this finding: The Planning Commission will need to determine if the proposed project meets the intent of the NMC, and if the proposed land use to sale a full-line of alcohol beverage for off-site consumption will have the potential to impact adjoining properties.

3.) The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area.

Consideration to make this finding: The proposed use will operate within the confines of the existing store. The Planning Commission needs to determine that Findings 1 and 2 can be made so that this finding can be made as well.

4.) The traffic generated by the proposed use will not impose any undue burden upon the streets and highways in the area.

Consideration to make this finding: The convenience store with alcohol sales should not affect any traffic impacts or cause any need to mitigate any potential impacts.

The Planning Commission will need to determine if the findings for granting a CUP can be made and if the project can be conditioned to minimize impacts to the neighbors being that it is immediately adjacent to a residence.

A Resolution for approval is attached that specifies the requirements of the California Business & Professional Code, outlining operational requirements with a retail operation, as conditions of approval. Furthermore, the Resolution can be amended at the discretion of the Planning Commission. As noted, Conditional Use Permit is a discretionary approval and not an automatic right of any applicant. If approved, the applicant will be required to comply with any Federal, State, or local laws or ordinances, including the rules, regulations, and any conditions of approval from the Department of Alcoholic Beverage Control.

Environmental Analysis per the California Environmental Quality Act (CEQA): The City of Norco, acting as lead agency, has determined that the project is categorically exempt from CEQA review per Class 32 – In-fill Development Projects. There are categories of projects identified in CEQA (categorical exemptions) for which if a project meets the definition criteria it is exempt from CEQA.

Noticing: Notices of the project were mailed to surrounding property owners within the required radius with at least 25 properties notified as required for public hearings. At the time of writing this report, no comments were received.

The applicant reached out to surrounding properties for signatures of support and request that a copy of these signatures be provided to the Planning Commission (ref. Exhibit “D”).

FISCAL IMPACT:

N/A

RELATIONSHIP TO STRATEGIC PLAN:

N/A
REVIEWED AND APPROVED BY:

ATTACHMENT(S):

RESOLUTION 2022-21
Exhibit - A
Exhibit - B
Exhibit - C
Exhibit - D

RESOLUTION 2022-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,

CALIFORNIA GRANTING WITH CONDITIONS A CONDITIONAL USE

PERMIT TO ALLOW THE SALE OF A FULL-LINE OF ALCOHOL

BEVERAGES (DISTILLED SPIRITS) FOR OFF-SITE CONSUMPTION IN CONJUNCTION WITH A 2,558 SQUARE-FOOT CONVENIENCE STORE
AT 4410 CALIFORNIA AVENUE LOCATED IN THE COMMERCIAL
GENERAL (C-G) ZONE. CONDITIONAL USE PERMIT 2022-04.

WHEREAS, Miguel Santamaria submitted an application for a Conditional Use Permit to the City of Norco, California under the provisions of Chapter 18.68, Title 18 of the Norco Municipal Code, on property located at 4410 California Avenue (APN 153-200- 020); and
WHEREAS, said application for Conditional Use Permit 2022-04 has been duly submitted to said City of Norco Planning Commission for decision at a public hearing for which proper notice was given; and
WHEREAS, Conditional Use Permit 2022-04 was scheduled for public hearing on August 10, 2022 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the Planning Commission held a public hearing and received both oral and written testimony pertaining to Conditional Use Permit 2022-04; and
WHEREAS, the City of Norco, acting as the Lead Agency, has determined that the proposed project is categorically exempt from environmental assessment.

NOW, THEREFORE, the Planning Commission of the City of Norco does hereby make the following FINDINGS AND DETERMINATION:

I. FINDINGS:

A. The requested Conditional Use Permit will not adversely affect the General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof, by reason that the Norco General Plan designated the site as Commercial Community, which is consistent with the “C-G” (Commercial General) zone of the site. The nature of the proposed land use is conditionally permitted in the district and would be subject to conditions. It has been determined that the proposed sale of distilled spirits for off-site consumption can be operated in a manner that would not adversely affect the immediate neighborhood.

B. The requested use will not adversely affect the adjoining land uses, and the growth and development of the area in which it is located. The Planning Commission has determined that the proposed project meets the intent of

Resolution 2022-21(Conditional Use Permit 2022-04)

August 10, 2022
the NMC, and the proposed land use to sale a full-line of alcohol beverages for off-site consumption will not have an impact on adjoining properties.

C. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area as the use is existing and provides landscaping and on-site parking.

D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area, based on an existing convenience store with alcohol sales should not affect any traffic impacts or cause any need to mitigate any potential impacts.

E. The City of Norco has been determined to be the lead agency for environmental reporting purposes pursuant to State and local environmental guidelines, and has determined that the project is exempt pursuant to the California Environmental Quality Act (CEQA) and the City of Norco Environmental Guidelines (Class 32).

II. DETERMINATION:

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Norco, California, in session assembled on August 10, 2022 that the aforesaid application for a conditional use permit is granted, subject to conditions, as provided for in Section 18.45.14 of the Municipal Code of Norco, including, but not limited to the following conditions:

1. The recorded owner of the property shall submit to the Planning Division, for record purposes, written evidence of agreement with all conditions of this approval before said permit shall become effective.

2. The project shall be in compliance with all City of Norco Municipal Codes, Ordinances and Resolutions. Non-compliance with any provisions of the Norco Municipal Code (NMC), and these conditions of approval, not specifically waived in compliance with City procedures shall constitute cause for beginning immediate and automatic revocation and/or termination of the approvals granted under authority of permit, bypassing City Code compliance procedures.

3. Litter shall be removed from the premises on a daily basis, including adjacent public sidewalks and all parking areas under the control of the licensee.

4. The property owner shall maintain the required trash enclosure, keep the trash bins inside the enclosure, and ensure that no debris is littering the trash enclosure area.

5. In the event conditions for approval by the Planning Commission require the revision of plans as submitted, the applicant shall submit four copies of the

Resolution 2022-21(Conditional Use Permit 2022-04)

August 10, 2022
approved plan (revised to incorporate conditions for approval) to the Planning Division for record purposes for approval of any grading and/or building permits.

6. Graffiti shall be removed from the premises and all parking lots under the control of the licensee within 48 hours of notification.

7. Signs shall comply with all City of Norco sign ordinance requirements. No more than 25% of the total window area and clear doors shall bear advertising or signs of any type. Windows signs shall be placed and maintained in a manner so that there is a clear and unobstructed view of the interior of the premises from the right-of-way and entrance to the premises.

8. The exterior of the premises, including adjacent public right-of-way and all parking lots under the control of the licensee, shall be illuminated during the hours of darkness the business is open, at the public right-of-way or parking surface.

9. No occupancy of any building and/or structure shall be permitted which is not in compliance with approved plans and excepting upon specific review and approval of any “as built” modifications by the Planning Director, or designee, as appropriate.

Provided further, that no expansion of use beyond the scope and nature described in this application which would tend to increase the projected scale of operations, shall be permitted except upon application for, and approval of, modification of this application in compliance with all procedures and requirements thereof.

10. No signs are authorized by approval of this conditional use permit. Any signs proposed for this project shall be submitted to the Planning Division for review and approval. Once signs are approved, building permits shall be obtained from the Building Division for issuance of a building permit.

11. The operation of the business shall not violate any federal, state, or local laws or ordinances, including the rules, regulations, and orders of the State Alcoholic Beverage Control Department, (ABC). Failure to comply with these requirements shall constitute grounds for revocation of the Conditional Use Permit.

12. In the event security problems occur and at the request of the Sheriff’s Department, the permittee, at his/her own expense, shall provide a California licensed, uniformed security guard(s) on the premises during such hours as requested and directed by the Sheriff’s Department.

13. It is hereby established that it shall be grounds for revocation of this conditional use permit if the permittee, his agent or assigns, or employee(s) of his establishment, or any other person connected or associated with the permittee or his business establishment, or any person who is exercising managerial authority of the business establishment has:

Resolution 2022-21(Conditional Use Permit 2022-04)

August 10, 2022
a. Violated any rule, regulation or condition of approval adopted by the Planning Commission relating to the conditional use permit; or b. Conducted the operation permitted hereunder in a manner contrary to the peace, health, safety and general welfare of the public or in a manner which either generates or contributes to noise and/or health/sanitation nuisances, or which results in undesirable activities or creating an increased demand for public services.

14. ”No Trespassing” after-hours signage shall be posted on the rear of all buildings.

15. The City maintains the option to investigate the premises for compliance with the Norco Municipal Code and these conditions of approval after a notice of the investigation has been provided to the operator of the facility except upon known violations which can be investigated immediately. The City maintains the option to open an investigation of CUP compliance at any time.

16. In operating a convenience store and selling alcohol the business owner shall comply with all requirements of the California Business & Professional Code for outlining the sale of off-site consumption and retail operation standards.

Notwithstanding any other provision of law, establishments engaged in the sale of alcohol for off-premises consumption shall abide by the following conditions.

Business and Professional Code. Section 25612.5 states:

A. A prominent, permanent sign or signs stating “NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES” shall be posted in a place that is clearly visible to patrons of the licensee. The size, format, form, placement, and languages of the sign or signs shall be determined by the department. This paragraph shall apply to a licensee only upon written notice to the licensee from the department.

The department shall issue this written notice only upon a request, from the local law enforcement agency in whose jurisdiction the premises are located, that is supported by substantial evidence that there is loitering adjacent to the premises.

B. A prominent, permanent sign or signs stating “NO OPEN ALCOHOLIC BEVERAGE CONTAINERS ARE ALLOWED ON THESE PREMISES” shall be posted in a place that is clearly visible to patrons of the licensee. The size, format, form, placement, and languages of the sign or signs shall be determined by the department. This paragraph shall apply to a licensee only upon written notice to the licensee from the department. The department shall issue this written notice only upon a request, from the local law enforcement agency in whose jurisdiction the premises are located, that is supported by substantial evidence that there is drinking in public adjacent to the premises.

Resolution 2022-21(Conditional Use Permit 2022-04)

August 10, 2022
C. No alcoholic beverages shall be consumed on the premises of an off-sale retail establishment, and no alcoholic beverages shall be consumed outside the edifice of an on-sale retail establishment.

D. The exterior of the premises, including adjacent public sidewalks and all parking lots under the control of the licensee, shall be illuminated during all hours of darkness during which the premises are open for business in a manner so that persons standing in those areas at night are identifiable by law enforcement personnel. However, the required illumination shall be placed so as to minimize interference with the quiet enjoyment of nearby residents of their property.

E. Litter shall be removed daily from the premises, including adjacent public sidewalks and all parking lots under the control of the licensee. These areas shall be swept or cleaned, either mechanically or manually, on a weekly basis to control debris.

F. Graffiti shall be removed from the premises and all parking lots under the control of the licensee within 72 hours of application. If the graffiti occurs on a Friday or weekend day, or on a holiday, the licensee shall remove the graffiti 72 hours following the beginning of the next weekday.

G. No more than 33 percent of the square footage of the windows and clear doors of an off-sale premises shall bear advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises. However, this latter requirement shall not apply to premises where there are no windows, or where existing windows are located at a height that precludes a view of the interior of the premises to a person standing outside the premises.

H. Upon request of the local law enforcement agency in whose jurisdiction the licensed premises are located or at the discretion of the department, each public telephone located on off-sale premises (or located in an adjacent area under the control of the off-sale licensee) shall be equipped with devices or mechanisms that prevent persons from calling into that public telephone.

I. Every licensed retailer who sells or rents video recordings of harmful matter, as defined by Section 313 of the Penal Code, shall create an area within his or her business establishment for the placement of video recordings of harmful matter and for any material that advertises the sale or rental of these video recordings.

This area shall be labeled “adults only.” The licensed retailer shall make reasonable efforts to arrange the video recordings in this area in such a way that minors may not readily access the video recordings or view the video box covers.

The failure to create and label the “adults only” area is an infraction punishable by a fine of not more than one hundred dollars ($100). The failure to place a video

Resolution 2022-21(Conditional Use Permit 2022-04)

August 10, 2022
recording or advertisement, regardless of its content, in this area shall not constitute an infraction.

J. A copy of the applicable operating standards shall be available during normal business hours for viewing by the general public.

Resolution 2022-21(Conditional Use Permit 2022-04)

August 10, 2022
PASSED AND ADOPTED by the Planning Commission at a regular meeting held on August 10, 2022.

__________________________
Pat Hedges, Chair
Planning Commission
City of Norco, California
ATTEST:
____________________
Alma Robles, Secretary
Planning Commission
City of Norco, California
I HEREBY CERTIFY that the foregoing Resolution was duly and regularly passed and adopted by the Planning Commission of the City of Norco at a regular meeting thereof held August 10, 2022 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________
Alma Robles, Secretary
Planning Commission
City of Norco, California

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We believe it is of convenience and a necessary store that will serve our daily and occasionalneeds. Which willinclude recreational drinks without the need to go far from the immediate residential area.

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We, the undersigned residents of the area support the issuance of a new ABC off sale license #21 on the premises 4410 California Ave Norco CA 92860.

We believe it is of convenience and a necessary store that will serve our daily and occasionalneeds. Which will include recreational drinks without the.need to go far from the immediate residential area.

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Petition
We, the undersigned residents of the area support the issuance of a new ABC off sale license #21 on the premises 4410 California Ave Norco CA 92860.

We believe it is of convenience and a necessary store that will serve our daily and occasional needs. Which will include recreational drinks without the need to go far from the immediate residential area.

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Petition
We, the undersigned residents of the area support the issuance of a new ABC off sale license #21 on the premises 4410 California Ave Norco CA 92860.

We believe it is of convenience and a necessary store that will serve our daily and occasional needs. Which will include recreational drinks without the need to go far from the immediate residential area.

Name Cell Phone or Address
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Planning Commission Minutes Excerpt - August 10, 2022

5.B. Conditional Use Permit 2022-04 (Norco Old Town Market): A request for approval to allow the sale of a full-line of alcohol beverages (distilled spirits) for off-site consumption in conjunction with a 2,558 square-foot convenience store located in the C-G (Commercial General) zone at 4410 California Avenue (APN 153-200-020).

Assistant Planner Erika Woods-Diaz presented report.

Chair Jaffarian opened public hearing.

There were no public comments at this time.

Applicant was not present.

Chair Jaffarian closed the public hearing.

Chair Jaffarian discussed the large amount of alcohol sales in the area.

Member Shyu discussed that this exceeds the ABC recommendations and there is no compelling reason to approve.

Member Hedges stated that the City has an overabundance of this use and that market is great but no alcohol.

Following discussion motion was made.

M/S SHYU/HEDGES Deny Conditional Use Permit 2022-04. The Motion was carried by the following roll call vote:

AYES:

NOES:

ABSENT:

HEDGES, SULLIVAN, JAFFARIAN, AND SHYU

AZEVEDO
NONE
Exhibit "B"

City Council

STAFF REPORT
Date: September 21, 2022 Agenda Item:

6.B.

To: Honorable Mayor and City Council Members
Prepared By: Alma Robles, Planning Director
Department: City Council
SUBJECT:

Ordinance No. 1087 (City of Norco): A City initiated proposal to Extend the existing Moratorium for 10 months, 15 days on the Submittal and/or Approval of New Entitlement Applications for the Construction of Industrial and Warehouse Buildings.

RECOMMENDATION:

Adopt Ordinance No. 1087 (City of Norco): Extending the existing moratorium for 10 months, 15 days on the submittal and/or approval of new entitlement applications for construction of Industrial and warehouse buildings.

SUMMARY:

The urgency moratorium adopted on August 17, 2022 is only in effect for 45 days after which it automatically expires unless extended by the City Council. An extension of the current moratorium is necessary given that the existing moratorium will expire (on October 1, 2022), prior to the effective date of any Code Amendments addressing development/operational regulations and standards for industrial and warehouse uses.

With approval of the extension, the moratorium will be extended until August 16, 2023.

BACKGROUND:

At the City Council Meeting held on August 17, 2022, the City Council adopted the Urgency Ordinance No. 1086, enacting a 45-day moratorium on the subject matter. Per Government Code Section 65858, et. seq., the City Council can extend the moratorium for a period of 10 months and 15 days and then again for one year. Alternately, the City Council can do one extension of 22 months and 15 days. All extensions must be approved by a four-fifths vote. Prior to any extension, the Government Code requires that the legislative body issue a written report describing the measures taken to alleviate the conditions that led to the adoption of the ordinance.

Report: As noted, on August 17, the City Council adopted and urgency ordinance for a 45-day moratorium city-wide, in order to protect public health, safety, and welfare. At that meeting, the determination was made that there is a need to address and distinguish the

various types of industrial building forms, and that without additional regulation, impacts from truck traffic in the City will likely increase.

During the initial Moratorium period, City staff began analyzing existing regulations and has determined that existing regulations do not in any way address nor distinguish the various types of industrial and warehouse building types and therefore existing regulations must be amended. Future Zone Code Amendments addressing development/operational regulations and standards for industrial and warehouse uses will be necessary and anticipated for completion in 2023.

The conditions which necessitated adoption of the Moratorium continue to exist at the present time. City Staff is requesting an additional ten (10) months and fifteen (15) days to further analyze, research and develop appropriate regulations to alleviate the conditions which led to the adoption of the Moratorium. Research on existing regulations and development standards enacted in surrounding jurisdictions will be carried out to determine which standards would best address the traffic, safety, health, and environmental concerns, while still allowing for growth of such uses within the City.

Extending the Moratorium will provide City Staff with the necessary time to complete its analysis, research and development of appropriate regulations (future Zone Code Amendment) for allowing such uses to ensure the protection of the public health, safety and welfare of the City of Norco.

FISCAL IMPACT:

Not applicable to this Item.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Strategic Plan Direction No. 3 - Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: John Harper, City Attorney
ATTACHMENT(S):

Ordinance No. 1087

ORDINANCE 1087

AN ORDINANCE OF THE CITY OF NORCO, CALIFORNIA,

EXTENDING AN EXISTING MORATORIUM ON THE SUBMITTAL

AND/OR APPROVAL OF NEW ENTITLEMENT APPLICATIONS FOR

THE CONSTRUCTION OF INDUSTRIAL AND WAREHOUSE
BUILDINGS WITHIN THE CITY OF NORCO.

WHEREAS, the City of Norco initiated a moratorium on the submittal and/or approval of new entitlement applications for the construction of Industrial and Warehouse Buildings in the City; and
WHEREAS, the City Council of the City of Norco adopted Urgency Ordinance 1086 on August 17, 2022, placing into effect a 45-day moratorium; and WHEREAS, the 45-day moratorium will automatically expire on October 1, 2022; and WHEREAS, the extension of the moratorium was scheduled for public hearing on September 21, 2022, on or about 7:00 p.m. in the Council Chambers at 2820 Clark Avenue, Norco California, 92860; and
WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to the extension of the 45-day Moratorium.

NOW THEREFORE, the City Council for the City of Norco, California, does hereby ordain as follows:

SECTION 1: Purpose and Findings: The City of Norco, does hereby adopt an ordinance extending an existing moratorium prohibiting the submittal and approval of new land use applications for industrial and warehouse buildings within the City of Norco based on the following findings:

A. City's General Plan is commonly referred to as the "constitution" for development within the City. It is a comprehensive statement of the community's vision of its long-term or ultimate physical form and development policies. The General Plan, and the implementing City zoning ordinances establish goals, policies, and regulations to provide for the harmonious and orderly development of land uses in the City and to protect the public health, safety, and welfare; and B. The City Council hereby finds that there does not exist in the Norco Municipal Code adequate information and standards for the regulation of this type of land use within the City; and
C. This City Council finds it appropriate that City staff continue current and on-going efforts to study possible amendments to the City's Municipal Code relating to regulations concerning industrial and warehouse buildings within the City and;

Ordinance No. 1087 – Extend Moratorium on New Applications for Construction of Industrial/Warehouse Buildings

September 21, 2022
D. The City Council further finds that in order to properly analyze and examine development and operational regulations and standards for industrial and warehouse uses in the City, the current moratorium on any such uses must be extended; and
E. The City Council finds that the current 45-day moratorium (adopted under Ordinance 1086) on any such uses expires on October 1, 2022; and hereby orders a moratorium extension for 10 months and 15 days to August 5, 2023.

SECTION 2: Interim prohibition/moratorium on the submittal and approval of new land use applications for industrial and warehouse buildings. Based upon current application(s) for such uses, and the potential impact of traffic and on the environment, the City Council finds that the approval of any development application for new industrial and warehouse uses would constitute an immediate danger and threat to the public health, peace, safety, and welfare to citizens of Norco.

Based on the findings set forth herein, the facts and evidence presented in staff's report to the City Council on this matter, and the written and verbal testimony presented by City staff and members of the Norco community, no applicable entitlement shall be issued for any industrial and warehouse buildings within the City of Norco.

SECTION 3: Immediate threat to health, safety and welfare. Based on the findings herein, this ordinance is adopted pursuant to California Government Code Section 65858 to address a current and immediate threat to the public health, safety and welfare. This City Council has determined that, without further appropriate study by City staff relating to the development and operational regulations and standards for industrial and warehouse uses in the City could subject the City and its citizens to the adverse effects, and thus result in a threat to the public health, safety and welfare.

SECTION 4: Effective Period. In accordance with California Government Code Section 65858, this ordinance shall be in full force and effect for a period of 10 months and 15 days from the date of its adoption.

SECTION 5: Written Report. Pursuant to Section 65858 of the California Government Code, a written report has been issued describing the measures thus far taken to alleviate the conditions which led to the adoption of a moratorium ordinance.

SECTION 6: Conflicting Laws. For the term of this ordinance, as set forth in Section 4 above, the provisions of this ordinance shall govern. To the extent that there is any conflict between the provisions of this ordinance and the provisions of the City's Municipal Code, or any ordinance, resolution or policy of the City, all such conflicting provisions shall be suspended.

Ordinance No. 1087 – Extend Moratorium on New Applications for Construction of Industrial/Warehouse Buildings

September 21, 2022
SECTION 7: Conflicting Laws. Pursuant to CEQA Guidelines (California Code of Regulations, §§ 15000 et seq.) Section 15061, this City Council finds that it can be seen with certainty that there is no possibility that the adoption and implementation of this ordinance will have a significant effect on the environment, as defined by the California Environmental Quality Act ("CEQA") (Public Resources Code § 21000 et seq.) and the City's Guidelines for Implementation of CEQA. CEQA applies only to projects which have the potential for causing a significant effect on the environment. The adoption of this ordinance will maintain existing environmental conditions and have no effect on the environment because its effect is simply to prohibit the submittal and approval of new land use applications for industrial and warehouse buildings, for the limited period of 10 months and 15 days from adoption.

Section 8: Severability: In any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part hereof, is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portions of this ordinance or any part hereof. The City Council hereby declares that it would have passed each section, subsection subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unlawful.

SECTION 9: Adoption: This ordinance shall be passed and adopted by no less that a four-fifths vote of the City Council pursuant to Government Code Section 65858 of the California Government Code.

SECTON 10: Publication and Posting: The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall cause the same within sign 15 days of its passage, to be published at least once in a newspaper of general to circulation, published and circulated in the City, or if there be no such newspaper, to cause it to be posted in no less than five public places in the City.

Ordinance No. 1087 – Extend Moratorium on New Applications for Construction of Industrial/Warehouse Buildings

September 21, 2022
PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held September 21, 2022.
__________________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on September 21, 2022, and duly passed and adopted by the following roll call vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on September 21, 2022.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

City Council

STAFF REPORT
Date: September 21, 2022 Agenda Item:

6.C.

To: Honorable Mayor and City Council Members
Prepared By: Michelle Anglin, Community Services Director Department: Community Services
SUBJECT:

Ordinance No. 1088, First Reading: Amending Norco Municipal Code Section 5.36 “Apiaries” to Modify Beekeeping Requirements on Residential Properties. Code Amendment 2022-05.

RECOMMENDATION:

Adopt Ordinance No. 1088, First Reading (City of Norco): An Ordinance of the City Council of the City of Norco, California, Amending the Norco Municipal Code Section 5.36 “Apiaries” to modify beekeeping requirements on residential properties, approve Code Amendment 2022-05, and schedule Second Reading on October 5, 2022.

SUMMARY:

The City Council desires to promote the proper and safe operation of urban apiaries or beehives on residential properties to promote and support local ecosystems, pollination of plants and crops, and opportunities to generate home grown honey. The proposed amendment of the Norco Municipal Code (NMC) modifies the requirements to allow beekeeping on residential properties.

BACKGROUND:

At the September 1, 2021, City Council meeting staff was directed by Council to bring back a potential modification to the NMC to encourage beekeeping. The City Council desires to promote the proper and safe operation of urban apiaries or beehives on residential properties to promote and support local ecosystems to pollinate plants and crops as well as the opportunity to generate homegrown honey. However, the City Council does recognize there must be practical and enforceable requirements on apiaries to ensure that the health and safety of the public is clearly documented and that homeowners do not allow the apiaries to pose a public nuisance.

The existing Municipal Code Chapter 5.36 "Apiaries" does allow beekeeping but has a large offset restriction regarding location of apiaries as noted: "No colony or portion thereof shall be located less than five hundred feet from a residence, hospital, sanatorium,

public eating place, school, church, office building, store, hotel, apartment house, rooming house, or any other type residence, public building, public picnic area, park, playground, horse corral or dairy corral." This restriction makes it difficult for most residents to place an apiary within their property. This location restriction or offset creates a significant burden even for residents with large lots. Which would result in very few residents qualifying to participate. Since the creation of NMC Chapter 5.36 the agricultural lots have reduced in size, most lots are now half acres (21,780 Square foot) if not less, and few are an acre or more.

Therefore, staff has prepared an ordinance with the following revisions to the NMC Chapter 5.36 "Apiaries":
• Reductions in the offset distance for beekeeping and other administrative modifications to ensure proper processing of apiary applications, inspections, and enforcement.
• Allow for parcels in agricultural zones (A-1-10, A-1-20, A-1-40 and A-E: Agricultural Estate) to operate an apiary onsite.
• Only property owners can participate.
• Application processing is through Community Services and finalized through Animal Control Services.
• Required to obtain city business license for sales.
• Prohibit the keeping of Africanized Honey Bees.

Staff contacted Boris Baer, Professor for Pollinator Health Center for Integrative Bee Research (CIBER), Department of Entomology at University of California, Riverside for expert review and guidance on the amendments. Professor Baer provided his overall support of the amendments and Ordinance.

Additionally, on Monday September 12, 2022 staff brought this draft Ordinance amendment to the Parks and Recreation Commission for review and feedback. The Parks and Recreation Commission recommended that the City Council approve the amendment of NMC Section 5.36 “Apiaries”.

FISCAL IMPACT:

Not applicable for this item.

RELATIONSHIP TO STRATEGIC PLAN:

The adoption of the amendment to the NMC Chapter 5.36 "Apiaries" is consistent with Strategic Direction #1, Public Health, Safety and Wellness - Enhance quality of life by promoting public health, safety and wellness initiatives for all community members.

REVIEWED AND APPROVED BY:

Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: John Harper, City Attorney

ATTACHMENT(S):

Ordinance 1088

ORDINANCE NO. 1088

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, AMENDING NORCO MUNICIPAL CODE TITLE 5
“BUSINESS LICENSES AND REGULATIONS” TO AMEND CHAPTER

5.36 “APIARIES”. CODE AMENDMENT 2022-05
WHEREAS, the CITY OF NORCO, initiated Code Amendment 2022-05, to amend Norco Municipal Code (NMC) Chapter 5.36 “Apiaries” to address the definitions and rules related to, in part, safely promote beekeeping in the community on residential properties; and
WHEREAS, the Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which property notice was given; and WHEREAS, the Code Amendment was scheduled for public hearing on September 21, 2022, on or about 7:00 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to the Code Amendment.

NOW, THEREFORE, the City Council of the City of Norco, California, does hereby ordain, determine, and order the NMC Chapter 5.36 “Apiaries” amended as follows:

SECTION 1:

Chapter 5.36 APIARIES

5.36.010 Council findings.Purpose

5.36.020 Definitions.

5.36.030 Permit--Required.

5.36.040 Permit--Application--Issuance.

5.36.050 Permit—Application/Inspection fee.

5.36.060 Conditions and requirements for operating an apiary in city.

5.36.070 Permit--Revocation or suspension.

5.36.080 Violation--Penalties.

5.36.010 Council findings. Purpose
The city council finds that recently several apiaries have been located in the city of Norco, California close to school buildings and residential areas with the result that several children going to and from school have been stung and the residents in said areas have been bothered by swarms of bees. The council hereby finds further that the unregulated operations of apiaries in the city is an immediate danger to the public health, safety and welfare and constitutes a public nuisance and for that reason should be subject to the city’s regulation as provided hereinbelow. (Ord. 189 1, 1972) This Chapter shall be known as the City of Norco Beekeeping and Apiaries Ordinance. The State Legislature found in

Ordinance 1088 – Amend NMC Chapter 5.36 “Apiaries”

October 5, 2022
Food and Agricultural Code section 29000 that a healthy and vibrant apiary industry is important to the economy and welfare of the people of the State of California and the protection of the industry is in the interest of the people of the State. Food and Agricultural Code sections 29000 et seq., as well as California Code of Regulations Title 3 Food and Agriculture, Article 3, establish regulations for apiaries that are enforced by the Director of the State Department of Agriculture, California Department of Pesticide Regulation and county agricultural commissioners. This chapter establishes regulations intended to implement and supplement State regulations and ensure that beekeepers maintain apiaries in a responsible manner as to protect the health, safety, and welfare of the citizens of the City of Norco.

5.36.020 Definitions.

For the purposes of this chapter, the following terms shall have the following meanings:

A. “Apiary” means bees, comb, hives, appliances, or colonies wherever they are kept, located or found a place where bees are kept especially a collection of hives or colonies of bees kept for their honey;
B. “Appliance” means any implement or other device which is used in handling and manipulating bees or comb, any container of bees or combs, or any other equipment which is used in the practice of apiculture;
C. “Bees” means honey producing insects of the genus Apies. It includes all life stages of such insects;
D. “City” means the city of Norco, California;
E. “Colony” means one hive and its contents, including bees, comb and appliances; F. “Comb” includes in its meaning all materials which are normally deposited into hives by bees. It does not include extracted honey or the royal jelly, trapped pollen, and processed beeswax;
G. “Commissioner” means the Agricultural Commissioner of Riverside County; H. “Hive” means any receptacle, container, or part of any receptacle which is made or prepared for the use of bees, or which is inhabited by bees; I. “Honey” means the nectar of floral exudations of plants gathered and stored in the comb by honeybees. It is a levorotatory, contains not more than twenty percent of water, not more than twenty-five one-hundredths of one percent of ash, not more than eight percent of sucrose, its specific gravity is not less than one and four hundred twelve one-thousandths, its weight not less than eleven pounds, twelve ounces per standard gallon of two hundred thirty-one cubic inches at sixty-eight degrees Fahrenheit;
J. “Location” means any premises upon which an apiary is located or proposed to be located or found;
K. “Person” means an individual, or firm, or a partnership, or a joint venture, association or corporation. (Ord. 189 2, 1972)

5.36.030 Permit--Required.

It is unlawful for any person to locate, keep, maintain or operate, hereinafter referred to as “operate” an apiary in the City, without first obtaining a permit from the city council of the city to do so. (Ord. 189 3, 1972)

Ordinance 1088 – Amend NMC Chapter 5.36 “Apiaries”

October 5, 2022

5.36.040 Permit--Application--Issuance.

Any person who proposes to operate an apiary within the City may make written application to the City Council Community Services Department for a permit to do so by filing such with the City Clerk Director of Community Services, or designated representative. The application shall be in such form and contain such information as the City Manager Director of Community Services, or designated representative, may require but shall include the following information:

A. Name and address of applicant;
B. Location and dimensions of premises on which applicant desires to operate an apiary; C. Statement whether the proposed operation of the apiary by the applicant is for the production of honey or other bee products only for the use of the applicant and applicant’s family or for commercial purposes, including sale to members of the public, in which the applicant must possess a current business license per NMC 5.04.060; D. The number of hives the applicant proposes to operate and the distance of the proposed location of said hives from any residence, church, school, public building, horse corral, dairy corral, hospital, sanitarium, office building, store, hotel, motel, apartment house, rooming house, public picnic area, park or playground; E. The location of the water supply to service the proposed apiary; F. A certified copy of a current valid certificate from the Riverside County Agricultural Commissioner for the proposed apiary and the identification number thereof. The serial number brand for any appliances issued to applicant by the County Agricultural Commissioner;
G. Tenants may not operate an apiary under any circumstance. Written consent to operate an apiary of the owner or legal occupant of the location of the proposed apiary.

After a properly completed application has been filed, the City Manager Director of Community Services, or designated representative, shall cause a prompt inspection to be made by Norco Animal Control Services of the proposed location of the apiary as stated in the permit application and make a report to the city council concerning said application within twenty days after it is filed. in order to verify the operation of the apiary can be conducted within the guidelines of the Municipal Code.

The City Council Director of Community Services, or designated representative, upon receipt of said report by the city manager shall issue a permit to the applicant to operate an apiary within the City of Norco, California, if it finds the proposed operation of the apiary will not be contrary to the public peace, health, safety and welfare of the City.

The City Council in granting such a permit may impose reasonable conditions thereon as it deems necessary under the circumstances in the interest of the public health, safety and welfare, including but not limited to providing more stringent requirements than

Ordinance 1088 – Amend NMC Chapter 5.36 “Apiaries”

October 5, 2022
provided in Section 5.36.060. (Ord. 189 4, 1972)

5.36.050 Permit--Application/Inspection fee.

The City Clerk Community Services Department shall not accept an application for a permit to operate an apiary in the City until an application and inspection fee of twentyfive dollars has been paid to the City Norco Animal Control Services for the purpose of defraying the expenses and costs of the City in processing the application and inspection of apiary. The application and inspection fee for an apiary shall be identified in the City’s Fee Schedule by Council Resolution. (Ord. 189 5, 1972)

5.36.060 Conditions and requirements for operating an apiary in city.

Any person who operates an apiary in the City pursuant to a valid permit issued therefore shall comply with the following conditions and requirements:

A. No colony or portion thereof shall be located less than five hundred fifty feet from an adjacent residence, hospital, sanatorium, public eating place, school, church, office building, store, hotel, apartment house, rooming house or any other type of residence property line, public building, public picnic area, park, playground, horse corral or dairy corral; provided, however, that this requirement shall not apply to the operation of an apiary within an educational institution for study or observation or within a physician’s office or laboratory for medical research, treatment or other scientific purposes; provided further, however, the bees kept in said apiary shall not be permitted to fly at large; or less than five one hundred feet from a public right-of-way.

B. No colony or portion thereof shall be located less than 100 feet from a hospital, sanatorium, public eating place, school, church, office building, store, hotel, apartment house, rooming house, or any other type residence, public building, public picnic area, park, playground, public horse corral or dairy corral; provided, however, that this requirement shall not apply to the operation of an apiary within an educational institution for study or observation or within a physician’s office or laboratory for medical research, treatment or other scientific purposes; provided further, however, the bees kept in said apiary shall not be permitted to fly at large; or less than one hundred feet from a public right-of-way.

C. The number of colonies or portions thereof including hives shall be operated in the City in numbers which do not create a risk to public health. nuisance. This is understood to mean that the City recognizes that during certain seasons of the year a high number of bee colonies would be harmful to the public health, safety and welfare.

D. Every permit issued hereunder shall expire at the end of twelve consecutive months from the date of its issuance, at which time the permittee thereunder may apply for a renewal new permit in accordance with all the procedures provided herein for application for a permit.

Ordinance 1088 – Amend NMC Chapter 5.36 “Apiaries”

October 5, 2022
E. Every person maintaining an apiary on premises, other than that of his residence, shall identify such apiary by affixing and maintaining a sign thereto showing the name of the owner or person in possession of the apiary, his the address and telephone number, or a statement that the owner has no phone. The sign shall be permanently placed and maintained on the entrance side of the apiary and immediately adjoining the same and lettered in black at least one inch in height on a white or light background.

F. No A person, having a valid permit from the City as issued hereunder, shall during the term of the permit move or cause to be moved an apiary or portion thereof from one location to another location within the city without first having advised the city manager as to the number of colonies or hives proposed to be moved, the new location thereof and the name and address and telephone number of the owner of said apiary or portion thereof. transport hives of bees confined by screens in good repair or other equally effective means of confinement. Transportation of bee hives should always be done responsibly so that it does not pose any public nuisance.

G A permittee shall at all times during the term of the permit keep and maintain a plentiful supply of fresh water available at all times adjacent to the apiary or hives, which water supply shall not be further than 300 feet from any such apiary or hive to discourage bee visitation at swimming pools, hose bibs and other water sources on adjacent public or private property. A beekeeper may not allow a water source to become stagnant or a mosquito breeding site.an adequate water supply for the apiary or portion thereof; provided, however, that if any such apiary is located within a distance of one-half mile from a source of water, such as a stream, river, brook or reservoir, and no other proper and adequate watering space is located within such distance, then the permittee shall cause to be placed and maintained within the distance of onehalf mile from said apiary a watering place sufficiently adequate and proper to maintain and keep the bees in said apiary.

H. No person shall operate an apiary upon land in which they have no property interest. without the owner or lawful occupant of said land giving his or her written permission to said person to operate said apiary, on said land. (Ord. 189 6, 1972) I. The property that will contain the apiary must be over 21,780 square feet. Only within an agricultural zoning is permitted: A-1-10, A-1-20, A-1-40 and A-E (Agricultural, Agricultural Low Density, or Agricultural Estate Zones).

J. A City of Norco Business License and County approval/clearance shall be maintained at all times for production of honey or other bee products for commercial purposes, including sale to members of the public.

K. No person shall willingly and knowingly keep aggressive and/or defensive bees.

Beekeepers should follow established protocols for responsible beekeeping and minimize swarming events of their hives as well as re-queen colonies that show elevated levels of aggression using managed gentle queens.

Ordinance 1088 – Amend NMC Chapter 5.36 “Apiaries”

October 5, 2022
L. Beekeepers should monitor the health of their beehives and take adequate management actin, for example in case of disease and parasite outbreaks or when colonies starve.

5.36.070 Permit--Revocation or suspension.

Any apiary permit granted hereunder may be revoked or suspended for any period of time by the Director of Community Services City Council Resolution after a hearing of the City Council for any of the following reasons:

A. Permittee’s violation of this chapter or the conditions imposed on the permit; or B. Permittee’s violation of any federal, state or city law or ordinance.

The City Clerk Community Services Department shall give permittee seventy-two (72) hours written notice of the City’s intent to revoke or suspend. Said notice shall be deemed given when deposited in the United States mail, postage prepaid, and addressed to permittee at the address stated on his the application for the permit. Said notice shall state the grounds for the proposed revocation or suspension.

If the permittee wishes to appeal the revocation, the permittee must submit a request in writing to the City Clerk for a hearing for reconsideration by the City Manager. At the hearing the permittee shall have the opportunity to present to the Council City Manager any relevant evidence on the question of suspension or revocation prior to the council’s City Manager’s decision thereon. The Council’s City Manager’s decision to revoke or suspend shall be final and may only be made after it has first found that either or both of the reasons stated in subdivisions A and B do exist. (Ord. 189 7, 1972)

5.36.080 Violation--Penalties.

Any person operating an apiary without a permit or permittee in non-compliance with the requirements listing within Chapter 5.36, may be issued penalties or fines as outlined in Chapter 1.04 – General Provisions.
(Repealed Ord. 634, 1991) (Ord. 527 4 (part), 1984: Ord. 417 2, 1978) SECTION 2: EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.

SECTION 3: SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, and phrase, hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.

SECTION 4: The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall cause the same to be posted or published within 15 days at no less than five public places within the City of Norco.

Ordinance 1088 – Amend NMC Chapter 5.36 “Apiaries”

October 5, 2022
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on October 5, 2022.
_______________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
_______________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, DANA ROA, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on September 21, 2022, and thereafter at a regular meeting of said City Council duly held on October 5, 2022, it was duly passed and adopted by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on October 5, 2022.
__________________________
Dana Roa, CMC, City Clerk City
of Norco, California