REPAYMENT AGREEMENT
PAYROLL DEDUCTION
This Repayment Agreement (“Agreement”) is made and entered into this 2 nd day of July,
2022 (“Effective Date”) by and between the City of Norco (“City”) and Utility Workers Union of America, Local 606 (“Employee”) (Collectively, the “Parties”).
RECITALS
A. New commercial driver’s license (CDL) applicants are required to provide proof of entry-level driver training, from a training provider listed on the Federal Motor Carrier Safety Administration Training Provider Registry, before taking a CDL skills test.
B. Employee will need to comply with all eligibility requirements outlined in any applicable City policies that provide for payment of costs to obtain a CDL before requesting the City to pay for any required CDL training as outlined in this Agreement.
C. The City will be directly billed, and will pay for, the costs for Employee in the amount of $__________ to attend a training course with _________________________, which is listed on the Federal Motor Carrier Safety Administration Training Provider Registry, to obtain a CDL.
D. Employee acknowledges that the Payment is a debt that Employee will owe to the City under the following circumstances:
1) If Employee is separated from employment with the City (voluntarily or involuntarily) and fails probation, which is defined as at-will with no vested property right in their jobs and may be terminated at any time, without cause, and without right of appeal;
2) Employee does not satisfy all requirements of the training under the Training Provider and does not timely (“timely” as determined by the City) obtain the required CDL as a condition of employment; or 3) Employee leaves employment with the City (voluntarily or involuntarily) or otherwise fails to maintain a valid CDL as a condition of employment, within a two-year period commencing after the end of Employee’s probation end date.
E. If Employee is required to otherwise reimburse and pay back the Payment to City under the foregoing conditions, Employee agrees to pay back the Payment owed to the City, as provided in this Agreement and based on the below Schedule.
NOW, THEREFORE, THE PARTIES BOTH AGREE AS FOLLOWS:
1. INCORPORATION OF RECITALS. The above RECITALS are hereby acknowledged and confirmed as true and correct, and are incorporated herein and are to be construed as part of the binding provisions of this Agreement.
Repayment Agreement – Payroll Deduction
2. REPAYMENT. If Employee is required to otherwise reimburse and pay back the Payment to the City under the conditions set forth in this Agreement, Employee agrees to repay the Payment to the City by authorizing automatic payroll deductions from Employee’s final paycheck, which may be modified according to the below schedule.
Accordingly, Employee will complete and sign the attached Authorization (attached hereto as Exhibit A), and the City may withhold wages from Employee’s final paycheck to satisfy any remaining amounts owed for reimbursement of the Payment, to the extent permissible by law.
3. SCHEDULE
• After one year (365 calendar days) of successfully passing probation, the amount of the Payment that Employee would otherwise be required to reimburse the City under the conditions of this Agreement will be reduced by 50%.
• After two years (730 calendar days) of successfully passing probation, the amount of the Payment that Employee would otherwise be required to reimburse the City under the conditions of this Agreement will be reduced by 100%.
4. MUTUAL RELEASE. City agrees not to institute litigation against Employee for the recovery of any debt explicitly referenced in this Agreement, provided that Employee complies with the terms of this Agreement and makes timely and required repayments. Employee, for themselves and their heirs, executors, administrators, assigns and successors, fully and forever releases, discharges, and covenants not to sue or otherwise institute or in any way actively participate in or voluntarily assist in the prosecution of any legal or administrative proceedings against the City with respect to any matter arising out of, connected with or related in any way to the Payment set forth in this Agreement.
5. VOLUNTARY AND KNOWING. Employee acknowledges that he/she has read and understands this Agreement, and that Employee affixes his/her signature knowingly, voluntarily, and without coercion. Employee also acknowledges that he/she has had the opportunity to receive independent legal advice regarding this Agreement and fully understands that he/she is voluntarily and knowingly entering into this Agreement without coercion.
6. ENTIRE INTEGRATED AGREEMENT. The Parties acknowledge that this Agreement constitutes the sole and fully integrated agreement in this matter, that it supersedes any prior oral or written agreements, and that any modifications may only be implemented by a writing signed by the Parties to this Agreement.
7. SEVERABILITY. If any provision of this Agreement is found to be unenforceable, then the remaining provisions shall remain valid and enforceable.
Repayment Agreement – Payroll Deduction
8. COUNTERPARTS. This Agreement may be executed by the Parties in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument.
THE PARTIES ACKNOWLEDGE THAT THEY HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND ARE VOLUNTARILY ENTERING INTO THIS AGREEMENT.
Employee: Utility Workers Union of America, Local 606
____________________________ Date: ______________
Employee Signature
____________________________
Employee – Print Name
City of Norco
____________________________ Date: ______________
Lori Sassoon
City Manager
ATTEST:
____________________________ Date: ______________
Dana Roa, CMC
City Clerk
Repayment Agreement – Payroll Deduction
EXHIBIT A
Authorization
• Upon first year anniversary (365 calendar days) of successfully passing probation: Employee reimbursement of Payment to the City is reduced by 50%.
• Upon Second year anniversary (730 calendar days) of successfully passing probation: Employee reimbursement of Payment to the City is reduced by 100%.
I authorize the City of Norco to make a payroll deduction, consistent with the foregoing schedule to satisfy any amount due to the City for reimbursement of the Payment. I authorize the maximum payroll deduction allowed by law to be withheld from my final paycheck to satisfy the remaining balance owed.
__________________________ Date: _________________
Employee – Signature
__________________________
Employee – Print Name
Department Director:
___________________________ Date: _________________
Director – Signature
___________________________
Director – Print Name
Director of Finance:
__________________________ Date: _________________
Signature
Lisette Free, Finance Director
City Council
STAFF REPORT
Date: December 7, 2022 Agenda Item:
2.H.
To: Honorable Mayor and City Council Members
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:
Additional Appropriation of Funds for the Fire Station 47 Ingress/Egress Driveway Approach Improvement Project, Project No. 4505.4
RECOMMENDATION:
Adopt Resolution No. 2022-81 to approve appropriation of funds from Fund 142, Fire Improvement Fund in the amount $25,700 that includes a 10% contingency.
SUMMARY:
The Fire Station 47 Ingress/Egress Driveway Approach Improvement Project is budgeted in the FY 2022-23 CIP Budget in the amount of $15,000. The estimated amount approved for this project was estimated several years ago and prices have increased. In addition, staff has also added drainage to the scope of work for this project that has added $4,000 in additional costs.
In October, staff requested quotes from contractors for the replacement of the existing driveway. Staff received four quotes that ranged from $37,000 to $71,500. Act 1 is the lowest bidder in the amount of $37,000 and has the necessary qualifications and licenses to conduct the work.
Contractor Total Quote
Act 1 $37,000
RG General Engineering $54,955
CT&T Concrete Paving $57,400
HZS Engineering, Inc. $71,500
Staff is requesting the appropriation of an additional $25,700 from Fund 142 - Fire Improvement Fund for the remaining balance of the project. The $25,700 includes a 10% contingency in the amount of $3,700.
BACKGROUND:
Fire Station 47 Ingress/Egress Driveway Approach Improvement Project consist of the removal and replacement of the existing StaLok trail material driveway on Sixth Street.
The existing material has degraded over the years due to inefficient drainage at the location. The scope of work for the improvement project includes the removal of the existing StaLok trail material, installation of drainage, installation of new railroad ties, and the installation of a horse trail commercial driveway per the Public Works 700 Standard.
The City Engineer has reviewed the Horse Trail Commercial Standard 700 and has confirmed the use of the standard for fire truck access.
Existing Condition:
FISCAL IMPACT:
The Ingress/Egress Driveway Approach Project was originally approved in Fiscal Year 2021-2022 Capital Improvement Budget. Funds in the amount of $15,000 were carried over to Fiscal Year 2022-2023. Fund 142 - Fire Improvement, has an estimated available fund balance in the amount of $741,000 to fund the appropriation requested. A resolution has been prepared to appropriate $25,700 from Fund 142 for the Fire Station 47 Ingress/Egress Driveway Approach Improvement Project, Project No. 4505.4.
RELATIONSHIP TO STRATEGIC PLAN:
Strategic Direction No. 5 - Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Bid Breakdown
Act 1 Proposal
Resolution No 2022-81
City of Norco
Bid Results for Project Fire Station 47 Ingress/Egress Trail Driveway Approach (4505.4) Line Totals (Unit Price * Quantity)
Item
Num Section Description
Unit of
Measure Quantity Act 1 Construciton
RG General Engineering Inc
- Line Total
CT&T Concrete Paving Inc. -
Line Total
HZS Engineering, Inc -
Line Total
1 Fire Station 47 Ingress/Egress
Driveway Approach Mobilization LS 1 $0 $6,872.00 $5,000.00 $13,500.00 2 Fire Station 47 Ingress/Egress
Driveway Approach
Removal of Existing Trail Driveway
Approach, Subbase, and Misc. Debris
(Includes all material, equipment, and
labor) LS 1 $5,000 $9,629.00 $6,900.00 $15,000.00
3 Fire Station 47 Ingress/Egress
Driveway Approach
Installation of 13'x48' Horse Trail
Driveway with pavers as shown in
Commercial Trail Standard Specifications
#700 Sheet 4 of 6 (Includes all labor and
materials) LS 1 $28,000 $31,380.00 $41,000.00 $25,000.00 4 Fire Station 47 Ingress/Egress
Driveway Approach
Installation of drainage grates, drainage
pipes, and curb core for curb drainage for
both sides of the commercial driveway.
Drainage pipe is approximately 16' each. LS 1 $4,000 $5,514.00 $2,000.00 $8,000.00 5 Fire Station 47 Ingress/Egress
Driveway Approach
Installation of (2) Railroad Ties (Grade 1)
with (2) #4 Longitudinal Bars as seen in
Standard Drawing #700 Page 4 of 6 LS 1 $0 $1,560.00 $2,500.00 $10,000.00 $37,000 $54,955.00 $57,400.00 $71,500.00
Norco Fire Station 47 Pavers
ACT 1 Construction, Inc. Date: 11.04.22
P.O. Box 5087 To: Amanda Hamilton
Norco, CA, 92860 Company: City Of Norco
P: 951-735-1184 F: 951-737-5342
CA License: #657517
Project Norco Fire Station 47 Paver Installation ESTIMATOR Alex Witham ITEM
#
DESCRIPTION
UNIT OF
MEASURE EST
UNIT
PRICE
EXT
PRICE
1 Demo existing wood beams (qty2) and existing asphalt, excavate 15’’ of existing subgrade and compact
LS
1 $5,000.00 $5,000.00
2 Install zero curb @ both ends of drive, crushed aggregate base, concrete base sand bedding and pavers per city Std Dwg. No. 700 (commercial Condition)
LS 1 $28,000.00 $28,000.00
3 Install 12’’X 12’’ catch basin with steel grate and 2’’ Sch 40 PVC under horse trail to daylight in cored concrete curb on Sixth St.
LS $4,000.00 4,000.00
Total $37,000.00
Exclusions:
• Damage to underground lines not clearly marked and shown to contractor prior to start of excavation. • Removal or disposal of any foreign or deleterious materials encountered during excavation or objects, either natural or man-made, larger than 2’x2’ which require a breaker. • Cost or responsibility of any surveying, soils testing, or engineering test of any type. • Responsibility for conditions to hardscape as a result of improper sub base or lack of compaction, unless compaction and/or installation of sub base are quoted in this proposal. • Any damage to any concrete or asphalt in order to obtain access to working area. • Any item not specifically listed above.
* Concrete is a combination of natural and man-made materials which can result in slight variations, although we take every measure to prevent it, cracking can naturally occur and we make no warranties against it.
We propose to furnish material and labor, complete in accordance with above specifications, for the sum of: Thirty-Seven Thousand Dollars and
00/100 Dollars $ $37,000.00
Payments to be made as follows: As invoiced per contract Contractor’s signature: Alex Witham.
Acceptance of proposal: The above price, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above.
Owner’s signature: Date:
RESOLUTION NO. 2022-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING APPROPRIATION OF FUNDS FROM THE FIRE IMPROVEMENT FUND (142) IN THE AMOUNT OF $25,700 FOR THE FIRE STATION 47 INGRESS/EGRESS DRIVEWAY APPROACH IMPROVEMENT PROJECT - PROJECT NO. 4505.4
WHEREAS, the Norco City Council approved the Fiscal Years (FY) 2023-2027 Capital Improvement Program (CIP) Budget for the City of Norco, California, on June 15, 2022; and WHEREAS, the Fire Station 47 Ingress/Egress Driveway Approach Project is budgeted in the FY 2022-2023 CIP Budget in the amount of $15,000, costs have increased since, there for additional funds are needed; and
WHEREAS, approval to appropriate additional funds in the amount of $25,700 for the cost of the Fire Station 47 Ingress/Egress Driveway Approach Improvement Project; and WHEREAS, any unused funds will remain in the Fire Improvement Fund (142); and WHEREAS, sufficient funds are available in the Fire Improvement Fund (142) to fund the appropriation.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Norco, California, approve the appropriation of $25,700 from the Fire Improvement Fund (142) to the Fire Station 47 Ingress/Egress Driveway Approach Improvement Project, Project No. 4505.4 PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on December 7, 2022.
_________________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
_________________________
Diane Germain, CMC
Deputy City Clerk
City of Norco, California
Resolution No. 2022-81 – Appropriation of Fire Improvement Funds (142)
December 7, 2022
I, Diane Germain, CMC, Deputy City Clerk of the City of Norco, California, do hereby certifythat the foregoing Resolution was introduced and adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on December 7, 2022, 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 December 7, 2022.
________________________
Diane Germain, CMC
Deputy City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: December 7, 2022 Agenda Item:
2.I.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Acceptance of the Center Avenue Street Improvements Project as Complete RECOMMENDATION:
Accept the Center Avenue Street Improvements Project as complete and authorize the City Clerk to file the Notice of Completion with the County of Riverside.
SUMMARY:
The Center Avenue Street Improvements Project consisted of full depth asphalt reconstruction, curb ramps, catch basins and other improvements. These improvements have been completed to the satisfaction of the City Engineer and a Notice of Completion has been prepared for recordation.
BACKGROUND:
On February 16, 2022, City Council awarded a contract to Hardy & Harper, Inc. in the amount of $594,300 and authorized City Manager to approve contract change orders up to 10 percent of the total bid for the construction of the Center Avenue Street Improvements Project. The final contract amount paid to Hardy & Harper, Inc. was $601,497. The increase in the amount paid was primarily due to additional asphalt and base quantities.
Although the project was delayed for several months due to a new gas mainline installed by the Gas Company, Hardy & Harper, Inc. completed all the work required to the satisfaction of the City Engineer and a Notice of Completion has been prepared.
FISCAL IMPACT:
There is no fiscal impact for this item.
RELATIONSHIP TO STRATEGIC PLAN:
The approval of Notice of Completion is consistent with Strategic Direction #5 – Infrastructure and Asset Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Notice of Completion
/di
RECORDING REQUESTED BY: THIS DOCUMENT IS FILED AT THE REQUEST
CITY OF NORCO OF THE CITY OF NORCO PURSUANT TO
WHEN RECORDED MAIL TO: SECTION 6103 OF THE GOVERNMENT
2870 CLARK AVENUE CODE. NO FEE IS CHARGED THEREFORE.
NORCO, CA 92860
ATTN: CITY CLERK
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN BY THE CITY OF NORCO, A MUNICIPAL CORPORATION, STATE OF CALIFORNIA THAT THE WORK DESCRIBED AS
CENTER AVENUE STREET IMPROVEMENTS PROJECT IN THE CITY OF NORCO IN ACCORDANCE WITH THE TERMS AND WRITTEN CONTRACT DATED BETWEEN THE CITY OF NORCO AND HARDY & HARPER, INC. WAS COMPLETED AND ACCEPTED BY THE CITY OF NORCO ON THE 7
TH DAY OF DECEMBER, 2022.
THE WORK DONE: CONSISTED OF FULL DEPTH ASPHALT RECONSTRUCTION, CURB RAMPS, CATCH BASINS AND OTHER IMPROVEMENTS ON CENTER AVENUE IN THE CITY OF NORCO, CALIFORNIA.
THAT THE CITY OF NORCO, A PUBLIC BODY, CORPORATE AND POLITIC, WHOSE ADDRESS IS 2870 CLARK AVENUE, NORCO, CALIFORNIA, 92860 IS THE OWNER OF SAID IMPROVEMENT WORK; AND THAT SAID WORK WAS PERFORMED BEGINNING FEBRUARY 16, 2022, IN THE CITY OF NORCO, CALIFORNIA. THE NATURE OF INTEREST IS VENDEE UNDER CONTRACT.
THAT SAID WORK OF IMPROVEMENT WAS SO PERFORMED BY HARDY & HARPER, INC. LOCATED IN LAKE FOREST, CALIFORNIA, IN ACCORDANCE WITH SAID WRITTEN AGREEMENT DATED FEBRUARY 16, 2022, AND THE DRAWINGS AND SPECIFICATIONS, WHICH WERE A PART OF SAID CONTRACT.
THAT THE CORPORATE SURETY ON THE CONTRACTOR’S BOND, FAITHFUL PERFORMANCE AND LABOR AND MATERIALS BOND IS FIDELITY AND DEPOSIT COMPANY OF MARYLAND. THIS NOTICE OF COMPLETION IS GIVEN BY THE CITY OF NORCO PURSUANT TO THE APPROPRIATE PROVISIONS OF TITLE XV, PART IV, DIVISION 1 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, AND UPON ORDER OF THE CITY OF NORCO.
December 7, 2022
DATED: CITY OF NORCO
A MUNICIPAL CORPORATION
BY: __________________________
DIANE GERMAIN, CMC
DEPUTY CITY CLERK
VERIFICATION FOR NON-INDIVIDUAL OWNER:
I, THE UNDERSIGNED, DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT I AM THE DEPUTY CITY CLERK OF THE CITY OF NORCO; THAT I HAVE SIGNED THE SAID NOTICE, THAT I KNOW AND UNDERSTAND THE CONTENTS THEREOF, AND THAT THE FACTS STATED THEREIN ARE TRUE AND CORRECT. 12/07/2022 ______________________________
DATE DIANE GERMAIN, CMC
DEPUTY CITY CLERK
CITY OF NORCO
City Council
STAFF REPORT
Date: December 7, 2022 Agenda Item:
5.A.
To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Second Reading, Ordinance 1090 (City of Norco): An Ordinance of the City Council of the City of Norco, California, to amend Norco Municipal Code Title 8 “Animals”, to add Chapter 8.09 “Working Animal Protection Act”. Code Amendment 2022-04 RECOMMENDATION:
Adopt Ordinance No. 1090, Second Reading, amending Norco Municipal Code Title 8 "Animals" to add Chapter 8.09 "Working Animal Protection Act". Code Amendment 2022-
04. SUMMARY:
The first reading of Ordinance No. 1090 was held November 16, 2022 and was adopted by the City Council.
FISCAL IMPACT:
There is no fiscal impact.
RELATIONSHIP TO STRATEGIC PLAN:
Consistent with Strategic Direction #1, Public Safety: 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: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Ordinance No. 1090
ORDINANCE NO. 1090
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, AMENDING NORCO MUNICIPAL CODE TITLE 8
“ANIMALS”, TO ADD CHAPTER 8.09 “WORKING ANIMAL
PROTECTION ACT”. CODE AMENDMENT 2022-04
WHEREAS, the City of Norco initiated Code Amendment 2022-04, amending Title 8 “Animals” to add Chapter 8.09 “Working Animal Protection Act” in order to preserve the right to use animals in everyday lifestyle; and
WHEREAS, the Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which proper notice was given; and WHEREAS, the Code Amendment was scheduled for public hearing on November 16, 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 determine, order, and approve as follows:
SECTION 1:
CHAPTER 8.09
Working Animal Protection Act
Sections:
8.09.010 Purpose and Intent
8.09.020 Definitions
8.09.030 Care and Welfare
8.09.040 Rules and Regulations
8.09.050 General Conditions
8.09.060 Violations
8.09.070 Penalties
8.09.010 Purpose and Intent.
The Working Animal Protection Ordinance would establish a right to conduct any legal animal enterprise utilizing working animals in commerce, service, legal hunting, agriculture, husbandry, transportation, ranching, entertainment, education, exhibition, or competition..
8.09.020 Definitions.
For the purpose of this chapter, the following definitions shall apply:
a. “Working Animals”, as used in this chapter, are bovine, goat, sheep, swine, camelids, poultry, accipitridae, dogs and equine, kept by humans and trained to perform tasks of specific duty and/or function.
b. “Owners/caretakers” means one who has the rightful title or guardianship to a working animal.
Ordinance 1090, Add Chapter 8.09 Working Animal Protection Act
December 7, 2022
c. “Working” means a specific task, duty, function, or assignment often being a part or phase of some larger activity including, but not limited to, commerce, service, legal hunting, agriculture, husbandry, transportation, ranching, entertainment, education, exhibition, or competition.
8.09.030 Care and Welfare.
a. No person shall cause any working animal to be overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, or deprived of necessary sustenance, drink, shelter; or to be cruelly beaten, mutilated, or cruelly killed. b. Working animals must be in good physical health. If a working animal has an open wound(s), broken bone(s), lameness, abnormal skin condition and/or bacterial infection, such animal must be removed from working until cleared to return to working status by a licensed veterinarian or an Animal Control Officer.
8.09.040 Rules and Regulations.
a. Working Animal:
1. Confinement at facilities: Each working animal that is working at a spectator event must be confined by a sound fence (wood, brick, pipe corral and/or chain link) when working, resting, and feeding.
2. Confinement on public right-of-way: Each working animal working in the public right-ofway must be contained by one of the following:
i. Working animal with a carriage: working harness.
ii. Working animal with a rider: headstall or bridle attached to reins and/or halter attached to lead rope.
iii. Working animal being walked: collar/harness and lead rope for dogs. iv. Working animal for display: cage for poultry.
v. Working animal at liberty: dogs and accipitridaes are allowed while under immediate control by owner/caretaker.
b. Deceased Animal: Carcass must be removed by a licensed deceased animal removal service to an approved site location.
8.09.050 General Conditions.
a. No person shall interfere with another person’s right to use a working animal in commerce, service, legal hunting, agriculture, husbandry, transportation, ranching, entertainment, education, exhibition, or competition. Notwithstanding any other provision of law to the contrary, the right to utilize a working animal for the foregoing purposes is guaranteed. b. This section does not supercede State laws or rules that regulate animal care, public health, or public safety, including, without limitation, Penal Code Section 597.
8.09.060 Violation.
a. It is unlawful for any person to subject any working animal to needless suffering, or inflict unnecessary cruelty upon the animal, or in any manner abuse any working animal, or fail to provide the working animal with proper food, drink, or shelter or protection from the weather, or drive, ride, or otherwise use a working animal when unfit for labor.
SECTION 2: EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.
Ordinance 1090, Add Chapter 8.09 Working Animal Protection Act
December 7, 2022
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: POSTING: 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, and it shall be effective 30 days thereafter.
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on December 7, 2022.
_______________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
______________________
Diane Germain, CMC
Deputy City Clerk
City of Norco, California
I, DIANE GERMAIN, CMC, Deputy 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 November 16, 2022, and thereafter at a regular meeting of said City Council duly held on December 7, 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 December 7, 2022
______________________
Diane Germain, CMC
Deputy City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: December 7, 2022 Agenda Item:
6.A.
To: Honorable Mayor and City Council Members
Prepared By: Alma Robles, Planning Director
Department: Planning
SUBJECT:
Comprehensive update to the City of Norco General Plan
RECOMMENDATION:
Direct staff to proceed with a comprehensive update to the City of Norco General Plan.
SUMMARY:
For the 2022-2026 Strategic Plan, Direction No. 3 - "Economic Development and Financial Stability" - Action Plan No. 4 includes updating the City of Norco's General Plan.
The Circulation, Land Use, Open Space, Noise, Safety and Conservation Elements were noted for completion individually, with all elements updated by 2025. These elements have been updated in a piecemeal manner over the past two decades, but a comprehensive update is needed to solidify the City’s long-range vision and establish clear policy direction to guide the community through the next 20 years.
BACKGROUND:
What is a General Plan
A General Plan is a city’s blueprint, or constitution, for future development. It documents the city’s long-range vision and establishes clear goals, objectives and actions to guide the community through the next 20 years of change. A general plan is required for all cities in California by state law.
The purpose of the General Plan is to guide land use planning decisions - subdivisions, capital improvements, zoning, specific plans, development agreements, and many other land use actions must be consistent with the adopted general plan. Preparing, adopting, implementing, and maintaining the general plan serves to identify the community’s land use, circulation, environmental, economic, and social goals and policies as they relate to future growth and development.
Why Update the General Plan
With the exception of the recently certified 2021-2029 Housing Element, Norco’s General Plan is outdated with some elements over 20 years old. A city must update its General Plan periodically to keep up with changing needs and conditions of the City and the region. Several elements have been updated in a piecemeal manner over the past two decades, but a comprehensive update is needed to solidify the City’s long-range vision and establish clear policy direction to guide the community through the next 20 years.
The City’s General Plan must also be updated to reflect new state laws. New areas of focus have been introduced and are now mandated to be addressed by state law, which include for example, balanced land use and transportation solutions and multimodal circulation to reduce vehicle miles traveled. This is the time for Norco to expand and refine its goals and objectives and define a strong vision and policy direction that preserves the character, history, and quality of life that make Norco special while also adapting to change for a more sustainable, innovative, healthy and economically vibrant future.
As noted, previous updates have been piecemealed. There have been significant legislative changes over the past decade that more closely integrate elements of the General Plan than what is currently included in the Norco General Plan. The elements of a general plan are rarely independent of each other; updating one element of the general plan (i.e. housing) often drives updates to other elements (i.e. safety, land use, and circulation). For example, an update to the housing element to add more residential units will have impacts on:
• Land use element to properly site those additional units; • Circulation element to evaluate the impacts to the road networks; and • Safety element to reduce hazard risk.
Additionally, the state legislature has passed numerous laws since the last General Plan update that require certain groups of elements be updated concurrently, which greatly limits the ability to limit any one element in isolation from the rest of the General Plan. For example, Senate Bill 1241 requires the safety element be reviewed and updated concurrently with the next iteration of the Housing Element update.
Comprehensively updating the General Plan allows the City to address issues and challenges facing the community, including diversifying employment opportunities, expanding housing and mobility choice and preserving the character, history, and quality of life that make Norco a special place to live.
Requirements
A general plan must address the following elements: land use, circulation, housing, conservation, open space, noise and safety. The 6th Cycle Housing Element is already certified and adopted (mandatory update every 8 years). Cities and counties that have disadvantaged communities must also address environmental justice in their general plans, including air quality. Other optional elements/topics areas include (but not limited to): Health, Equity, Climate change and resiliency, and Economic development. There are no mandatory structures or maximum numbers of elements, but they must be internally consistent.
For Norco, the existing and required elements (Circulation, Land Use, Open Space, Noise, Safety and Conservation Elements) in the general plan should be updated, and staff is recommending that an Economic Development Element be introduced into the
General Plan. An environmental justice element is not required for Norco; however, values of health, equity, and environmental justice can be incorporated in the various mandatory elements. Furthermore, a climate change element is also not a required, however, policies that address ways to reduce Green House Gases (GHG) and climate resiliency can be incorporated into the safety element.
The plan must cover the territory within the boundaries of the adopting city or county as well as any land outside its boundaries which in the planning agency’s judgment bears relation to its planning and must consider the regional perspective. While a general plan must address a broad range of issues, the plan should focus on those issues that are relevant to the planning area.
Robust and inclusive public participation required by state law. Statutory requirements only require limited meetings and fall into the “inform” area on the engagement spectrum.
However, many jurisdictions recognize the benefits of a more involved process, and offer more extensive engagement and collaborative opportunities. Some communities have even conducted such an extensive engagement process that it moves towards “empower” in the engagement spectrum. Engagement that covers the full spectrum is current best practice. Engagements tools could include: a project website, online surveys and polls, online mapping, webinars, educational videos, stakeholder meetings, focus groups, workshops and events, open houses, virtual meetings, and public hearings. Staff is recommending a robust public engagement effort that seeks deep involvement from Norco residents and businesses.
Process
The first step in this process is to retain the services of a project manager. The general plan update is a major city-wide undertaking and staff is recommending that a qualified contract project manager be retained on contract to work alongside City Staff.
The second step is the solicitation process to get a qualified team of consultants on board.
The solicitation process typically takes 3-5 months, with the goal of bringing on a multidisciplinary consultant team through a competitive process. Most teams are led by a planning firm with specialty subconsultants such as transportation, urban design.
CEQA, economics, community engagement, etc. The goal is to start the process of preparing the RFP as soon as possible and aim for contracted consultant team by spring.
General Plan Update process itself is typically 2-2.5 years. GP updates generally include the following steps:
• Visioning, Issues and opportunities;
• Research, baseline conditions and assessments;
• Identifying goals and priorities;
• Land use alternatives;
• Preferred Alternative & Tech Studies;
• Administrative Review Drafts of GP & EIR;
• Public Review Draft General Plan & EIR, CEQA Review Period; • Public Hearing Draft General Plan, Response to Comments & Final EIR; and • General Plan Adoption
The City’s project manager will work with the selected consultant team to further refine the steps noted above and to create a detailed scheduled for each milestone phase of the process.
Cost
The cost for a comprehensive update to the general plan is estimated in the range of $1 - 1.3 million, based on recent contracts for comparable cities, and including the project manager. Major expenses within a General Plan Update process include:
- Outreach and community engagement
- Analysis and review of existing conditions
- Analysis of alternative land use and circulation concepts - Technical studies (i.e. circulation, noise, etc.),
- Preparation of the General Plan document
- Environmental documentation (Program EIR)
- Consulting Project Management (solicitation through GP adoption) Funding
The preparation of a General Plan is a significant investment every 20 years. Funding for the comprehensive update of the general plan will come from:
• The general plan maintenance update designated balances, which are derived from fees that are assessed on all building permits for the sole purpose of general plan maintenance/updates. Currently, the estimated designated balance for the general plan maintenance update is approximately $279,000 and increases as building permits are issued.
• The General Fund will have available funding due to the one-time savings as a result of the American Rescue Plan Act (ARPA) revenue loss for the provision of general government services. It is recommended that some of that one-time savings be allocated for this one-time cost of the GP update.
Recommendation and Conclusion
Staff is recommending a comprehensive update to the City of Norco General Plan to include updates to the existing and required elements (Circulation, Land Use, Open Space, Noise, Safety and Conservation Elements), and that an economic development element be introduced. A comprehensive update is needed to solidify the City’s longrange vision and establish clear policy direction to guide the community through the next 20 years. This is a major initiative and undertaking that will shape Norco for the next generation as it will build a comprehensive road map for future development. Staff is excited to partner with the community in this effort, as it will enable the City Council, City Commissions, and citizens the opportunity to collaborate and invest in the long-range plan of the City of Norco.
FISCAL IMPACT:
None at this time. Funding allocation will be requested as consultant contracts are brought before the City Council for approval. As noted above, the entire General Plan process is likely to cost $1 - 1.3 million.
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; Action Plan No. 4 - "Update the General Plan", Sub-actions 4.1 - Update the Circulation Element, 4.2 - Update the Land Use Element, 4.3 - Update the Open Space Element, 4.4 - Update the Noise Element, 4.5 - Update the Safety Element, and 4.6 - Update the Conservation Element.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney
City Council
STAFF REPORT
Date: December 7, 2022 Agenda Item:
7.A.
To: Honorable Mayor and City Council Members
Prepared By: Alma Robles, Planning Director
Department: Planning
SUBJECT:
Urgency Ordinance to regulate Accessory Dwelling Units (ADUs) of Norco Municipal Code Chapter 18.30, Section 18.30.46 "Accessory Dwelling Units and Junior Accessory Dwelling Units", in accordance with new State law standards.
RECOMMENDATION:
Adopt Urgency Ordinance No. 1091, approving the revision of the Norco Municipal Code Section 18.30.46 "Accessory Dwelling Units and Junior Accessory Dwelling Units".
SUMMARY:
New State-enacted housing laws revising Government Code Section 65852.2 and 65852.22, which regulate accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”) will become effective on January 1, 2023. Any local ordinance regulating ADUs and JADUs must be revised to conform to these new standards, or the local Ordinance is null and void.
Section 18.30.46 of the Norco Municipal Code regulates ADUs and JADUs; it needs to be updated to conform to the new State changes. Because the State laws take effect on January 1, 2023 and immediately renders the City’s Ordinance null and void, the approval and adoption of an Urgency Ordinance is recommended, with a follow up regularly noticed Ordinance, to ensure the City is able to continue to enforce its local regulations without interruption and avoid conflicts between past and future applications for ADUs and JADUs.
BACKGROUND:
New State-enacted housing laws revising Government Code Sections 65852.2 and 65852.22, which regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs), will become effective on January 1, 2023, including AB 2221 and SB 897.
Government Code Sections 65852.2 and 65852.22 provide that any existing local ADU and JADU Ordinance failing to meet the requirements of the new State law shall be null
and void unless or until the local agency adopts a new ordinance complying with these sections.
Without the adoption of an Ordinance in compliance with the new State laws, the City will have to ministerially approve applications for ADU and JADUs in accordance with the minimum default provisions of Government Code Section 65852.2 and 65852.22 without enforcement of City’s local regulations. The reliance on the minimal State law standards without the adoption of permitted local City regulations would enable the ministerial allowance of ADUs and JADUs that may be detrimental to surrounding residences and divergent from a zoning standards perspective, from previously permitted second units and future ADUs permitted in accordance with augmented local standards.
Government Code Sections 36934 and 36937 authorize the City Council to adopt an Urgency Ordinance, that can only be passed by a four-fifths vote, for the immediate preservation of the public peace, health, or safety. It is necessary to adopt an Urgency Ordinance to revise Section 18.30.46 to preserve the public peace, health, and safety because the City needs to retain its ability to enforce the maximum standards allowable by State law and avoid being required to ministerially approve applications for ADUs and JADUs that may be directly inconsistent with the City’s development standards and cause disorganization and disarray among neighborhoods.
The Urgency Ordinance will be effective immediately after approval, allowing staff time to process and codify the ADU changes formally through the Zone Code Amendment. The most notable changes are as follows:
• Height Limitations: The height limitation for new ADUs in the City of Norco is currently 16 feet. With the new changes, local agencies must allow ADUs taller than 16 feet in the following circumstances:
o If it is located within a half-mile of a major transit stop or high quality transit corridor, a detached ADU that is on a lot with a single-family or multifamily dwelling may be up to 18 feet in height by right, and the ADU be up to two feet taller (for a maximum of 20 feet) if necessary to match the roof pitch of the ADU to that of the main house. Before this most recent legislation, local agencies could cap the height of a detached ADU at 16 feet. o If a detached ADU is on a lot with an existing or proposed multistory multifamily dwelling, the ADU may be up to 18 feet in height (again, by right), regardless of how close it is to transit.
o An attached ADU may now be up to 25 feet high or as high as a primary dwelling may be under the underlying zone, whichever is lower. But a city may still limit the ADU to two stories.
• Definition of “objective standards:” The new law provides a definition for the “objective standards” by which applications for ADUS and JADUS must be evaluated and ministerially approved. “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
• Front Setbacks: ADUs are not allowed anywhere in the front setback area (generally the first 25 feet behind the front property line) in Norco. Cities have authority to impose front-yard setbacks on ADUs that are subject to an ADU permit, and that remains generally true, but now a front setback must yield to the extent
necessary to enable the construction of an 800 square foot ADU with four-foot side- and rear-yard setbacks.
• Adjustments to Application Review Procedures; Additional Restrictions on Denials:
The following will now be mandated:
o If a city denies an ADU application, it must now provide the applicant with a "full set of comments" listing the specific items that are "defective or deficient." These comments must also describe "how the application can be remedied" by the applicant. Norco City Staff has been providing a full list of comments and corrections, but will now be required to describe remedies. o A demolition permit for a detached garage that is to be replaced with an ADU must now be reviewed with the ADU application and issued at the same time. Norco City staff has been issuing separately, but will now be required to issue at the same time.
o Local agencies cannot deny an application to create an ADU solely because corrections are needed to address nonconforming zoning conditions, building code violations, or unpermitted structures elsewhere on the lot that do not present a threat to public health and safety and are not affected by the construction of the ADU. Not many cities have been attempting to do this since the ADU law already required cities to disregard nonconforming zoning conditions and building code violations to a great extent when considering an ADU. But note that this is only a limit on holding up an ADU to require compliance elsewhere on the property; it does not insulate the property owner from having to come into compliance separately from the ADU. Norco will be adhering to this in compliance with State Law. • Changes to JADUs: Enclosed uses within a residence, such as attached garages, are considered part of the existing or proposed single-family residence for the purposes of constructing a JADU. An entry to the primary dwelling’s main living area from the JADU, independent of the exterior entrance of the JADU and primary dwelling, can now be required. Norco staff has been considering attached garages as part of the main home when considering a JADU and will continue to do so in compliance with State Law. Entry ways will also be considered in compliance with State Law.
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: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Ordinance No. 1091
ORDINANCE NO. 1091
AN URGENCY ORDINANCE OF THE CITY OF NORCO,
CALIFORNIA AMENDING NORCO MUNICIPAL CODE CHAPTER
18.30, SECTION 18.30.46 – “ACCESSORY DWELLING UNITS
AND JUNIOR ACCESSORY DWELLING UNITS”, FOR
COMPLIANCE WITH ASSEMBLY BILL (AB) 2221 AND SENATE
BILL (SB) 897 DECLARING THE URGENCY
WHEREAS, new State enacted housing laws revising Government Code Sections 65852.2 and 65852.22, which regulate Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), will become effective on January 1, 2023, including AB 2221 and SB 897; and
WHEREAS, Government Code Sections 65852.2 and 65852.22 provide that any existing local ADU and JADU ordinance failing to meet the requirements of the new state law shall be null and void unless and until the local agency adopts a new ordinance complying with these sections; and
WHEREAS, without the adoption of an ordinance in compliance with the new state laws, City will have to ministerial approval applications for ADU and JADUs in accordance with the minimum default provisions of Government Code Section 65852.2 and 65852.22 without enforcement of City’s local regulations; and
WHEREAS, the reliance on the minimal state law standards without the adoption of permitted local City regulations would enable the ministerial allowance of ADUs and JADUs that may be detrimental to surrounding residences and divergent, from a zoning standards perspective, from previously permitted second units and future ADUs permitted in accordance with augmented local standards; and
WHEREAS, the City desires to ensure that residential development occurs in a prudently effective manner, in accordance with the goals and objectives of the General Plan and reasonable land use planning principles; and
WHEREAS, the City Council finds City is likely to continue to receive applications for ADUS and JADUS regardless of if the City has revised its ADU and JADU ordinance and approval of these applications will cause confusion and ambiguity regarding the applicability of provisions of the City’s current ADU and JADU ordinance with potentially inconsistent and unfair results for City residents and with limited ability for the City to address impacts in a reasonable and timely manner; and
WHEREAS, the authority to adopt and enforce zoning regulations is an exercise of the City’s police power to protect the public health, safety, and welfare; and WHEREAS, Government Code Sections 36934 and 36937 authorize the City Council to adopt an urgency ordinance for the immediate preservation of the public peace, health, or safety; and
Ordinance No. 1091 – Revise Zoning Code Section 18.30.46
December 7, 2022
WHEREAS, the City Council finds it is necessary to adopt an urgency ordinance pursuant to Government Code Sections 36934 and 36937 to preserve the public peace, health, and safety to retain its ability to enforce the maximum standards allowable by state law and avoid being required to ministerially approve applications for ADUS and JADUS that may be directly inconsistent with City’s development standards and cause disorganization and disarray among neighborhoods; and
WHEREAS, the City Council finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment).
NOW, THEREFORE, the City Council of the City of Norco, California, does hereby approve and ordain as follows:
SECTION 1: FINDINGS.
All of the findings set forth above are true and correct and are incorporated herein as if restated in their entirety. The following findings are made in addition to the above:
A. The City Council finds that without a local ordinance that regulates ADUS and JADUs in compliance with the new revisions to Government Code Sections 65852.2 and 65852.22 by January 1, 2023, there will be impacts to the public peace, health, and safety caused by the ministerial approval of applications for ADUs and JADUs that directly conflict with City’s development standards, previous and future applications, and established neighborhoods.
B. This Ordinance is hereby adopted on an Urgency basis pursuant to the authority of Government Code Sections 36934 and 36937. Its adoption on an urgency basis is necessary for the preservation of the public peace, health and safety.
C. The proposed amendments ensure and maintain internal consistency with all of the objectives, policies, general land uses, programs, and actions of all elements of the General Plan. None of the amendments conflict with current General Plan policies, objectives or programs.
D. The proposed amendments are necessary in order to preserve the residential character of single-family residential neighborhoods, and will not be detrimental to the public convenience, health, safety, or general welfare of the City because the amendments will maintain existing standard in place along with new regulations for compliance with State Law, thus maintaining order and consistency among residential zones.
E. 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
Ordinance No. 1091 – Revise Zoning Code Section 18.30.46
December 7, 2022
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.
F. The proposed amendments are internally consistent with other applicable provisions of the Development Code.
SECTION 2:
Chapter 18.30 “General Provisions – Miscellaneous”, Section 18.30.46 “Accessory Dwelling Units and Junior Accessory Dwelling Units” is hereby amended to read as follows:
18.30.46 Accessory Dwelling Units and Junior Accessory Dwelling Units.
A. Intent and Purpose. This section is intended to provide for the creation of accessory dwelling units and junior accessory dwelling units as accessory uses to existing singlefamily dwellings that meet the intent of State regulations regarding accessory dwelling units while maintaining the rural and low-density character of Norco’s residential neighborhoods and that such dwelling units do not adversely impact surrounding residents or the community. This section is intended to retain the maximum ability of the City to regulate accessory dwelling units and to comply with the requirements of State law.
B. Definition. For the purposes of this section the following definitions shall apply:
1. “Accessory dwelling unit (ADU)” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes an “efficiency unit” and a manufactured home as defined in Section 18007 of the State Health and Safety Code.
2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
3. “Efficiency unit” means a unit for occupancy by no more than two persons which has a minimum floor area of 150 square feet, and which may also have partial kitchen or bathroom facilities
4. Junior accessory dwelling unit (JADU)” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
5. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
Ordinance No. 1091 – Revise Zoning Code Section 18.30.46
December 7, 2022
6. “Neighborhood” has the same meaning as set forth in Section 65589.5.
7. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
8. “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
9. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
10. “Public transit/Transit Stop” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
11. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
C. Occupancy. Except as otherwise provided by law, accessory dwelling units and junior accessory dwelling units may be rented separate from the primary residence for a minimum period of 30 days, but may not be sold or otherwise conveyed separate from the primary residence.
D. Application review procedures for Accessory Dwelling Unit and Junior Accessory Dwelling Unit.
1. Accessory dwelling units and junior accessory dwelling units, where permitted, are subject to the issuance of a building permit. Any application for an accessory dwelling unit that meets the unit size standards and development standards of this section shall be approved ministerially by applying the standards herein and without a public hearing.
2. An application for an accessory dwelling unit or junior accessory dwelling unit permit shall be made by the owner of the parcel on which the primary unit sits and shall be filed on a City-approved application form (a building permit application) and subject to the established fee set by City Council resolution as it may be amended from time to time.
3. Applications for an accessory dwelling unit or junior accessory dwelling unit shall conform to the requirements for, and shall obtain, a building permit consistent with the California Building Code.
4. An application to create or serve an accessory dwelling unit or a junior accessory dwelling unit shall either be approved or denied within 60 days from the date the City receives a completed application if there is an existing single-family or
Ordinance No. 1091 – Revise Zoning Code Section 18.30.46
December 7, 2022
multifamily dwelling on the lot. If the application to create or serve an accessory dwelling unit is submitted in conjunction with an application to create a new singlefamily or multifamily dwelling unit on the lot, the City may delay approving or denying the application for the accessory dwelling unit until the City approves or denies the application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the agreed-upon delay. If the City has not approved or denied the completed application within 60 days, the application shall be deemed approved.
5. Denial of an ADU application shall be accompanied with a full set of comments listing the specific items that are defective or deficient. These comments shall also describe how the application can be remedied by the applicant. An application to create an ADU shall not be denied solely because corrections are needed to address nonconforming zoning conditions, building code violations, or unpermitted structures elsewhere on a lot that do not present a threat to public health and safety and are not affected by the construction of the ADU.
6. A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the ADU application and issued at the same time. The permit applicant shall not be required to provide a written notice or posted placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.
E. Accessory Dwelling Units - Development Requirements.
1. Unit Size Standards. All accessory dwelling units shall not exceed the size standards listed below.
a. Attached Accessory Dwelling Units. Maximum floor area for an accessory dwelling unit shall be the higher of: with zero to one bedrooms, 850 square feet; two bedrooms, 1,000 square feet. If the accessory unit is created from converting existing space in the primary accessory structure, there is no size limitation.
b. Detached Accessory Dwelling Units. Not more than 1,200 square feet of living area.
2. Setback and Lot Coverage Requirements.
a. No setbacks are required for those portions of accessory dwelling units that are created by converting existing living area or existing accessory buildings to new accessory dwelling units. No setbacks are required when constructing new accessory dwelling units in the same location and to the same dimensions as an existing building.
Ordinance No. 1091 – Revise Zoning Code Section 18.30.46
December 7, 2022
b. For all other accessory dwelling units, there must be a minimum of four feet to side and rear lot lines.
c. The required minimum distance between a detached accessory dwelling unit and all other buildings shall be 10 feet.
d. All existing and proposed buildings including an accessory unit shall not exceed the lot coverage requirement of the underlying zone. This shall not apply to accessory dwellings of 800 square feet or less.
e. An ADU shall not be allowed in any portion of the front yard setback area but must yield to the extent necessary to enable the construction of an 800 square foot ADU with four-foot side- and rear-yard setbacks.
3. The lot upon which the accessory dwelling unit shall be allowed must contain a legal single-family or multifamily residence as an existing or proposed primary unit on the lot.
4. Accessory dwelling units are accessory to the primary dwelling. For multifamily residential dwellings, the project plans and application shall clearly identify the unit the proposed accessory dwelling unit is accessory to. Detached accessory dwelling units shall be assigned an address separate from that of the primary dwelling unit.
5. Number of Accessory Dwelling Units per Lot.
a. For lots with proposed or existing single-family residence: one accessory dwelling unit provided the lot contains no other accessory dwelling unit. The lot may contain one junior accessory dwelling unit in addition to an accessory dwelling unit.
b. Except as provided in Government Code Sections 65852.2(a) and (e), for lots with existing multifamily residential dwellings: no more than 25 percent of the number of existing units, but at least one unit shall be permitted as accessory dwelling units constructed within the non-livable space (e.g., storage rooms, boiler rooms, hallways, attics, basements or garages) of the existing multifamily building structure; provided, that applicable building codes are met; or, no more than two detached accessory dwelling units; provided, that no such unit shall be more than 18 feet in height, and each such unit complies with front yard setbacks and meets rear yard and side yard setbacks of four feet. The maximum square footage of detached accessory dwelling units on lots with existing multifamily residential dwellings shall comply with the limits calculated pursuant to Section 18.17.14 (Lot Area Per Dwelling Unit). In no event shall less than 5,445 square feet of lot area per dwelling unit be provided.
6. Except as otherwise provided in this section, accessory dwelling units shall comply with all development requirements for new single-family dwelling units as specified for the land use district in which they are located, including, but not limited to, total
Ordinance No. 1091 – Revise Zoning Code Section 18.30.46
December 7, 2022
maximum lot coverage, subject to the provisions of subsection (E)(2)(d) of this section. Setback requirements shall be per this section. Height requirements shall be per subsection (E)(15)(b) of this section. Notwithstanding such, the correction of a nonconforming zoning condition may not be required as a condition of permit approval.
7. All new accessory dwelling units must comply with California Building Code standards as adopted in Title 15 including fire sprinklers, unless not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling, provided the additional square footage of an attached ADU does not exceed the threshold to require fire sprinklers. Accessory dwelling units shall not be constructed on utility and flowage easements. Accessory dwelling units shall comply with local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency the City from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.
8. The accessory dwelling unit shall be provided with parking that is in addition to that required for the main dwelling. Parking for the main dwelling is pursuant to Chapter
18.38 (Off-Street Parking and Loading). Parking for accessory dwelling units shall be as listed below:
a. Parking spaces for an accessory dwelling unit shall be nine feet by 20 feet and are not required to be covered or within a garage.
b. The number of required spaces for the accessory dwelling unit shall be equal to one space per unit, except there is no parking requirement for an accessory dwelling unit that has no bedrooms (e.g., a studio).
c. Parking can be provided in tandem in the existing driveway of the primary dwelling provided it does not encroach onto a public trail or sidewalk and otherwise complies with City parking requirements. Parking is allowed in the required front or side yard setbacks if it is within the existing driveway of the primary dwelling unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
d. Parking requirements will not be imposed in any of the following instances and upon verifiable proof of the applicant:
Ordinance No. 1091 – Revise Zoning Code Section 18.30.46
December 7, 2022
(i.) The accessory dwelling unit is located within one-half mile walking distance of public transit. For the purposes of this section “public transit” shall include any bus stop.
(ii.) The accessory dwelling unit is located within an architecturally and historically significant historic district.
(iii.) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
(iv.) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
(v.) When there is a designated, fixed pick-up or drop-off location for a car share vehicle located within one block of the accessory dwelling unit. (vi.) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in Section (d). e. When a garage, carport, or covered parking structure or an existing accessory dwelling is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off-street parking spaces do not have to be replaced.
9. Siting. Subject to the setback requirements of subsection (E)(2) of this section a detached accessory dwelling unit may not be located within the area between front property line and the line parallel to, and touching, the back of the primary residence. On a corner lot the unit may not be located in the side yard adjacent to the street within the area between the street side property line and a line parallel to the most distant part of the primary dwelling. A converted accessory unit, or an accessory unit created under Government Code Section 65852.2(e)(1)(B), is not subject to the siting limitations.
10.Exterior Entrance. There shall not be more than one exterior entrance on the front or on any street side of the building and no exterior stairway shall be located on the front of the primary dwelling, where feasible.
11.Wall and/or Fence Requirement. A wall or fence meeting at least the minimum State standards shall be constructed and maintained along that portion of a side or rear yard boundary where an accessory dwelling unit is closer than five feet to the boundary, subject to the issuance of a building permit as needed.
12.Windows and doors are permitted along walls adjacent to the side or rear property lines in compliance with State standards.
13.Conversion of Existing Primary Dwelling Unit. An existing primary dwelling unit may be converted to an accessory dwelling unit if it complies with all applicable requirements of this section.
Ordinance No. 1091 – Revise Zoning Code Section 18.30.46
December 7, 2022
14.Objective Design Criteria. All new accessory dwelling units (not converted from an existing structure and where no change to the exterior of an exisitng building are needed other than windows and doors) must comply with the following design requirements:
a. The exterior materials (i.e. stucco on the main house will require a stucco exterior on the accessory dwelling unit), colors, roof pitch and architecture style shall match the primary unit.
b. The maximum height of an accessory dwelling unit shall be as follows:
(i.) A detached ADU shall not exceed 16 feet in height measured from finished floor to the tallest roof peak.
(ii.) When an ADU is located within a half-mile of a major transit stop or highquality transit corridor, a detached ADU that is on a lot with a single-family or multifamily dwelling may be up to 18 feet in height, and the ADU may be up to two feet taller (for a maximum of 20 feet) if necessary to match the roof pitch of the ADU to that of the main house.
(iii.) If a detached ADU is on a lot with an existing or proposed multistory multifamily dwelling, the ADU may be up to 18 feet in height (measured from finished floor to the tallest roof peak), regardless of how close it is to transit.
(iv.) An attached ADU shall not exceed a height of 25 feet (measured from finished floor to the tallest roof peak) or the height of the primary dwelling whichever is lower, but in no case shall the ADU exceed two stories. c. Any attached accessory dwelling unit shall be attached to the living area of the primary dwelling unit by a common wall or floor/ceiling, or by an attached breezeway, porch, or patio.
15.An accessory dwelling unit shall not be considered a new residential unit for purposes of calculating connection fees or capacity fees for water and sewer services. Attached accessory dwelling units are not required to be metered separately from the primary dwelling for any City utility or other public utility.
Detached accessory dwelling units are required to be metered separately from the primary dwelling for water services. No new private wastewater disposal systems shall be permitted for accessory dwelling units. For accessory dwelling units proposed on lots with existing septic systems, the existing septic system shall be expanded to accommodate the accessory dwelling unit unless sewer service is available within 200 feet of the property line. Where sewer service is available within 200 feet of the property line, one sewer connection to serve both units shall be installed prior to the issuance of an occupancy permit for the accessory dwelling unit.
16.Notwithstanding Chapter 18.44, there shall be no variance or exemption granted from the requirements contained in this section.
Ordinance No. 1091 – Revise Zoning Code Section 18.30.46
December 7, 2022
17.Subject to the requirements of Health and Safety Code Section 17890.12, this section shall not validate any existing illegal unit.
18.The accessory dwelling unit shall be assessed all applicable building permit and development impact fees.
a. Accessory dwelling units up to 750 square feet are exempt from impact fees. b. Accessory dwelling units 750 square feet or greater are subject to impact fees that are proportional to the relationship of the accessory dwelling unit to the primary dwelling.
19.Animal Area Required. For lots that do not have a recorded PAKA the proposed location of the accessory building must preserve an open animal area equal to 576 square feet multiplied by the allowed number of animal units (au) on the property (e.g., 576 x 5 au = 2,880 square feet open animal area) unless such precludes the construction of an 800-square-foot ADU which shall be allowed to encroach to the minimum extent possible.
20.No development standard regarding a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings, shall apply that would not permit at least a new eight hundred square foot, sixteen foot tall accessory dwelling unit with at least four-foot side and rear setbacks.
F. Junior Accessory Dwelling Units - Development Requirements.
1. Junior accessory units will be constructed within the walls of an existing or proposed single-family residence and require owner occupancy in the single-family residence where the unit is located. Enclosed uses within a residence, such as attached garages, are considered part of the existing or proposed single-family residence.
2. A junior accessory dwelling unit shall not exceed 500 square feet in size.
3. Owner Occupancy. The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling. Owner occupancy is not required if the owner is a governmental agency, land trust, or “housing organization” as that term is defined in Government Code Section 65589.5(k)(2), as that section may be amended from time to time.
4. Sale Prohibited. A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel.
Ordinance No. 1091 – Revise Zoning Code Section 18.30.46
December 7, 2022
5. Short-Term Rentals. The junior accessory dwelling unit shall not be rented for periods of 30 days or less.
6. Location of Junior Accessory Dwelling Unit. A junior accessory dwelling unit shall be entirely within a single-family residence. A junior accessory dwelling unit shall have an interior entry to the primary dwelling’s main living area, independent of an exterior entrance of the junior accessory and primary dwelling.
7. Kitchen Requirements. The junior accessory dwelling unit shall include an efficiency kitchen, including a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
8. Parking. No additional parking is required beyond that already required for the primary dwelling.
9. Fire Protection—Utility Service. For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a junior accessory dwelling unit shall not be considered a separate or new unit, unless the junior accessory dwelling unit was constructed in conjunction with a new single-family dwelling. No separate connection between the junior accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the junior accessory dwelling unit is being constructed in connection with a new single-family dwelling.
G. Codes, Covenants, and Restrictions (CC&Rs). CC&Rs that either effectively prohibit or unreasonably restrict the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use are void and unenforceable.
H. Compliance with General Plan. An accessory dwelling unit and/or junior accessory dwelling unit which conforms to the standards of this section shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the existing General Plan and land use designation for the lot. (Ord. 1067 Sec. 1, 2021; Ord. 1015 Sec. 1, 2017; Ord. 969 Sec. 1, 2014; Ord. 814, 2003; Ord. 674, 1993)
SECTION 3: SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable.
SECTION 4: 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. 1091 – Revise Zoning Code Section 18.30.46
December 7, 2022
SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective immediately upon its adoption, pursuant to Government Code Section 36937.
PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held December 7, 2022.
__________________________
Greg Newton, Mayor
City of Norco, California
ATTEST:
________________________________
Diane Germain, CMC, Deputy City Clerk
City of Norco, California
I, Diane Germain, CMC, Deputy 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 December 7, 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 December 7, 2022.
________________________________
Diane Germain, CMC, Deputy City Clerk
City of Norco, California