Cities Index.
Agenda, closed session

Norco City Council
January 18, 2023

Document
Agenda, closed session
Meeting
January 18, 2023
Body
Norco City Council
Pages
160
Original file
6.5 MB
Text extracted from the city's file for reading and search. Open the original on norco.civicweb.net. That file is the official record.

Exhibit “A”
Existing Norco Municipal Code with
Changes

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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. Finding. The following finding shall be made in order to approve an accessory dwelling unit or junior accessory dwelling permit:

1. The accessory dwelling unit or junior accessory dwelling unit is compatible with the design of the main dwelling unit in terms of height, architectural style, and exterior treatment.

IH. 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.

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ORDINANCE NO. 1093

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, AMENDING SECTION 18.30.46 “ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS” OF THE NORCO

MUNICIPAL CODE TO ADDRESS DEVELOPMENT STANDARDS FOR
COMPLIANCE WITH STATE LAW. ZONE CODE AMENDMENT 2022-05
WHEREAS, the CITY OF NORCO initiated Zone Code Amendment (ZCA) 2022-05, a proposal to amend Norco Municipal Code (NMC) Title 18 “Zoning Code”, Chapter 18.30 “General Provisions – Miscellaneous, Section18.30.46 “Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs); and
WHEREAS, the Zone Code Amendment was duly submitted to said City’s Planning Commission for decision at a public hearing for which proper notice was given; and WHEREAS, the Zone Code Amendment was scheduled for public hearing on December 14, 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 the Zone Code Amendment; and WHEREAS, the Planning Commission adopted Resolution No. 2022-16 recommending that the City Council adopt the Zone Code Amendment; and WHEREAS, the Zone 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 Zone Code Amendment was scheduled for public hearing on January 18, 2023 on or about 7 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 Zone Code Amendment; and WHEREAS, the City of Norco acting as the Lead Agency has determined in accordance with California Environmental Quality Act (CEQA) and the City of Norco Environmental Guidelines that project is exempt from CEQA.

NOW, THEREFORE, the City Council of the City of Norco, California, does hereby make the following FINDINGS AND DETERMINATION:

I. FINDINGS.

A. The proposed Zone Code Amendment is necessary for compliance with the new revisions to Government Code Sections 65852.2 and 65852.22 including AB 2221

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and SB 897 pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).

B. The proposed Zone Code Amendment is necessary to 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.

C. 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.

D. Pursuant to CEQA Guidelines (California Code of Regulations, §§ 15000 et seq.) Section 15061(b)(3), it can be seen with certainty that there is no possibility that the adoption and implementation of this Zone Code Amendment will have a significant effect on the environment, and per Section 15060(c) (2) it can be seen certainty that this Zone Code Amendment will not result in a direct or reasonably foreseeable indirect physical change in 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.

II. DETERMINATION:

NOW THEREFORE, the City Council of the City of Norco, California, does hereby approve the amendment of NMC Section 18.30.46 as follows SECTION 1:

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

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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.

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. A Public transit/Transit Stop does not include private rideshares and scooter (i.e. E-Scooters) pick-ups and drop-offs.

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.

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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 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 single-family 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

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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 bedroom, 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.
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.

4. 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.

5. 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.

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6. 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.

7. 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 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.

8. 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 inhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.

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9. 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:
(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.

10.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.

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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.

11.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.

12.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.

13.Windows and doors are permitted along walls adjacent to the side or rear property lines in compliance with State standards.

14.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.

15.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.

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(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.

16.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.

17.Notwithstanding Chapter 18.44, there shall be no variance or exemption granted from the requirements contained in this section.

18.Subject to the requirements of Health and Safety Code Section 17890.12, this section shall not validate any existing illegal unit.

19.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.

20.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.

21.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

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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.

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 singlefamily 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 singlefamily dwelling.

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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.

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, and each section, subsection, sentence, clause, sentences, clauses, or phrases here of 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 hereto and shall cause the same within 15 days of its passage to be posted at no less than five public places within the City of Norco.

PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held February 1, 2023.
__________________________
Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

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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 December 16, 2023, and thereafter at a regular meeting of said City Council duly held on February 1, 2023, it was 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 February 1, 2023
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

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