Agenda — Norco City Council, June 7, 2023 (part 3 of 5)

CA-18
the said Contract and any alteration thereof made as therein provided, on his or its parts, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill the one year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration of addition to the terms of the Contract, or to the work or to the Specifications.

No final settlement between the Obligee and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with enforcement of the bond, each shall pay Obligee's reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of _________, 2023.

PRINCIPAL/CONTRACTOR:
_________________________________
By: ______________________________
SURETY:
_________________________________
By: ______________________________
Attorney-in-Fact

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CA-19
The rate of premium on this bond is _________________________ per thousand.

The total amount of premium charged: $_____________________________________ (The above must be filled in by corporate surety).

IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with Federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM.

Any claims under this bond may be addressed to:
(Name and Address of Surety) ________________________________ ________________________________
________________________________
(Name and Address of Agent or ________________________________ Representative for service of
process in California if ________________________________ different from above)
________________________________
(Telephone Number of Surety and ________________________________ Agent or Representative for
service of process in California) ________________________________ ________________________________

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CA-20

STATE OF CALIFORNIA )
) ss.

COUNTY OF )
On this ____ day of ___________, in the year _________, before me, ______________________, a Notary Public in and for said State, personally appeared ____________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the _________________________ (Surety) and acknowledged to me that he subscribed the name of the ______________________________ (Surety) thereto and his own name as Attorney-in-Fact.

Notary Public in and for said State
(SEAL)
Commission expires:______________________________
NOTE:

A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.

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CA-21

PAYMENT BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENT:

THAT WHEREAS, the City of Norco (sometimes referred to hereinafter as Obligee” has awarded to ____________________________________________________________ __________________________________(hereinafter designated as the “Contractor”), an agreement dated________________________________, described as follows:

FIRST STREET REHABILITATION PROJECT
The general items of work to be done hereunder consist of:

The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the above stated project. The general items of work to be done hereunder consist of pavement reconstruction, curb & gutter, catch basins, storm drain, and other improvements on First Street to the satisfaction and acceptance of the City Engineer.
(hereinafter referred to as the “Contract”) and
WHEREAS, said Contractor is required to furnish a bond in connection with said Contract and pursuant to Section 3247 of the California Civil Code; NOW, THEREFORE, We, _______________________________________________, the undersigned Contractor, as Principal; and __________________________________ _______________________________________________________________________ a corporation organized and existing under the laws of the State of __________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Norco and to any and all persons, companies, or corporations entitled to file stop notices under Section 3181 of the California Civil Code, in the sum of _________________________________________________ Dollars ($ _________________), said sum being not less than 100 percent of the total amount payable by the said Obligee under the terms of the said Contract, for which payment will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Contractor, his or its heirs, executors, administrators, successors, or assigns, or Subcontractors, shall fail to pay for any materials, provisions or other supplies, implements, machinery, or power used in, upon, for, or about the performance of the Public Work contracted to be done, or to pay any person for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the

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CA-22
Employment Development Department from the wages of employees of paid Contractor and his Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor as required by the provisions of Section 3247 through 3252 of the Civil Code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.

In addition to the provisions herein above, it is agreed that this bond will insure to the benefit of any and all persons, companies, and corporations entitled to serve stop notices under Section 3181 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additions to the terms of the said Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the Specifications.

No final settlement between the Obligee and the Contractor hereunder shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with the enforcement of this bond, each shall pay Obligee’s reasonable attorney’s fees incurred, with or without suit, in addition to the above sum.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____day of_______________, 2023.

PRINCIPAL/CONTRACTOR:

_____________________________________

By: __________________________________
SURETY:

_____________________________________
By: __________________________________
Attorney-in-Fact

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CA-23
The rate of premium on this bond is ________________________ per thousand.

The total amount of premium charged: $ _____________________________________ (The above must be filled in by corporate Surety).

Any claims under this bond may be addressed to:
(Name and Address of Surety) _______________________________ _______________________________

_______________________________
(Name and Address of Agent or _______________________________ Representative for service of
process in California if _______________________________ different from above)
_______________________________
(Telephone Number of Surety and _______________________________ Agent or Representative for
service of process in California _______________________________

_______________________________

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CA-24

STATE OF CALIFORNIA )
) ss.

COUNTY OF )
On this ________ day of _________________, in the year _________, before me, ________________________, a Notary Public in and for said State, personally appeared _____________________________, known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the _____ ___________________ (Surety) and acknowledged to me that he subscribed the name of the _________________________________ (Surety) thereto and his own name as Attorney-in-Fact.

_____________________________________
Notary Public in and for said State
(SEAL)
Commission expires:________________________
NOTE:

A copy of the Power of Attorney to local representatives of the bonding company must be attached hereto.

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CA-25

GENERAL LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5627
A. POLICY INFORMATION Endorsement # ________________________

1. Insurance Company ____________________________________________ Policy Number _____________________

2. Policy Term (From) _______________ (To)________________ Endorsement Effective Date ______________________________________

3. Named Insured _______________________________________________

4. Address of Named Insured
_____________________________________________________________ _____________________________________________________________

5. Limit of Liability Any One Occurrence/Aggregate
$______________________________ /_____________________________

6. Deductible or Self-Insured Retention (Nil unless otherwise specified):
______________________________________________

7. Coverage is equivalent to:

Comprehensive General Liability Form GL0002 (Ed. 1/73)
______________________________________________
Commercial General Liability “Occurrence” Form CG0001
______________________________________________

8. Bodily Injury and Property Damage Coverage is:
____________________________________”occurrence”
Note: The City of Norco standard insurance requirements specify “occurrence” coverage. “Claims-made” coverage is not acceptable. If commercial general liability form or equivalent is used, the general aggregate must apply separately to this location/project or the general aggregate must be twice the occurrence limit.

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CA-26

9. Description of Project:

FIRST STREET REHABILITATION PROJECT
The general items of work to be done hereunder consist of:

B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:

1. INSURED. As respects any work performed on the above described Project, the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, and volunteers are included as insured with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased, or used by the Named Insured.

2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured on the above described Project for or on behalf of the City of Norco; or (b) products sold by the Named Insured to the City of Norco for use on the Project; or (c) premises leased by the Named Insured from the City of Norco, the insurance afforded by this policy shall be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured’s schedule underlying primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees, consulting engineers, or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as:
(1) Insurance Services Office Form Number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form Comprehensive General Liability endorsement; or

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CA-27
(2) Insurance Services Office Commercial General Liability Coverage, “Occurrence” Form CG 0001; or
(3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Sections (1) and (2).

4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company’s limit of liability.

5. PROVISIONS REGARDING THE INSURED’S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the City of Norco, its elected or appointed officer, officials, employees, consulting engineers or volunteers.

6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.

C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:

ATTN:
_____________________________________________________________________ (Title) (Department)
_____________________________________________________________________ (Company)
_____________________________________________________________________ (Street Address)
_____________________________________________________________________ (City) (State) (Zip Code)
______________________________
(Telephone Number)

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CA-28
D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

INSURER
I, __________________________, warrant that I have authority to (Print/Type Name)
bind the below-listed insurance company and by my signature hereon do so bind this company.
____________________________________________

SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original Signature required on endorsement furnished to the City of Norco) ORGANIZATION: _____________________________________________________ TITLE: _____________________________________________________ ADDRESS: _____________________________________________________ _____________________________________________________
TELEPHONE: _____________________________________________________

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CA-29

AUTOMOBILE LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5607
A. POLICY INFORMATION Endorsement #_____________________

1. Insurance Company _____________________________________________ Policy Number _____________________

2. Policy Term (From)________________(To) _______________ Endorsement Effective Date ___________

3. Named Insured________________________________________________

4. Address of Named Insured________________________________________

5. Limit of Liability Any One Occurrence/Aggregate
$______________________ /_____________________________________

6. Deductible or Self-Insured Retention
(Nil unless otherwise specified):
$____________________________________________________________ B. POLICY AMENDMENTS
This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:

1. INSURED. The City of Norco, its elected or appointed officers, officials, consulting engineers, employees and volunteers are included as insured with regard to damages and defense of claims arising from: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers.

2. CONTRIBUTION NOT REQUIRED. As respects work performed by the Named Insured for or on behalf of the City of Norco, the insurance afforded by this policy

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CA-30
shall: (a) be primary insurance as respects the City of Norco, its elected or appointed officers, officials, employees, consulting engineers or volunteers; or (b) stand in an unbroken chain of coverage excess of the Named Insured’s primary coverage. In either event, any other insurance maintained by the City of Norco, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it.

3. SCOPE OF COVERAGE. This policy, if primary, affords coverage to the Named Insured at least as broad as:
(1) Insurance Services Office form number CA 00001 (Ed. 1/78), Code 1 (“any auto”) and endorsement CA 0025.
(2) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding Section (1).

4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage, or against whom a claim is made or a suit is brought, except with respect to the Company’s limit of liability.

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CA-31
C. INCIDENT AND CLAIM REPORTING PROCEDURE
Incidents and claims are to be reported to the insurer at:

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CA-32
WORKER’S COMPENSATION/EMPLOYER’S LIABILITY ENDORSEMENT

CITY OF NORCO
2870 Clark Avenue
Norco, CA 92860
(951) 270-5607
A. POLICY INFORMATION Endorsement # ________________________

1. Insurance Company ____________________________________________ (“the Company”)
Policy Number _________________________________________________

2. Effective Date of this Endorsement ________________________________

3. Named Insured_________________________________________________

4. Employer’s Liability Limit (Coverage B)______________________________ _____________________________________________________________ B. POLICY AMENDMENTS
In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows:
(1) Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days prior written notice by certified mail return receipt requested has been given to the City of Norco. Such notice shall be addressed as shown in the heading of this endorsement.
(2) Waiver of Subrogation. The Insurance Company agrees to waive all rights of subrogation against the City of Norco, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the City of Norco.

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CA-33
C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE

INSURER
I, _______________________, warrant that I have authority to bind (Print/Type Name)
the below-listed insurance company and by my signature hereon do so bind this company.

SIGNATURE OF AUTHORIZED REPRESENTATIVE
(Original signature required on endorsement furnished to the City of Norco) ORGANIZATION: ____________________________________________________ TITLE: ____________________________________________________ ADDRESS: ____________________________________________________ TELEPHONE: ____________________________________________________

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City Council

STAFF REPORT
Date: June 7, 2023 Agenda Item:

2.K.

To: Honorable Mayor and City Council Members
Prepared By: Amanda Hamilton, Facilities and Maintenance Director
Department: Facilities and Maintenance
SUBJECT:

Amendment to the Communications Site License Agreement (Site Tower No. 204561) with ATC Ponderosa K, LLC.

RECOMMENDATION:

Approve amendment to License Agreement with ATC Ponderosa K, LLC; and adopt Resolution No. 2023-30 for the continued ground lease and new sublease to Dish Wireless, LLC for Cell Tower Site No. 204561.

SUMMARY:

In July 2022, ATC Ponderosa K, LLC (ATC), requested to sublease the existing cell tower site to Dish Wireless, LLC (Dish). Staff began negotiating with ATC to ensure that the City was receiving favorable terms and conditions as part of the new subleasing option. In addition to the sublease, ATC requested to extend their contract for 14 additional years, and agreed to a 4% annual rent escalator. ATC will also pay the City a one-time $10,000 payment for the extension of the contract.

BACKGROUND:

The Communication Site Lease Agreement for Site No. 204561 has held an agreement with the City of Norco since May 21, 2008 (Attachment B). Since October 2022, staff has been working with ATC on negotiating favorable contract terms with the company for the subleasing option of this existing tower to Dish.

Currently ATC is the 3rd largest producing revenue source for cell towers in the City with annual revenues of $40,000 along with a 4% escalator in yearly rent. Dish Wireless does not build their own towers and uses subleasing options on existing towers for their locations.

The proposed amendment would extend ATC's lease term and add Dish Wireless as a sublease. This sublease to Dish provides an added source of revenue for the City at a

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flat rate per month of $500. The new monthly rent for this cell tower site will also increase from $3,300 to $3,800, or a 15% increase. In addition to the new Dish sublease, 148 sq. ft. easement would be needed for Dish ground equipment that is relatively small area that will not impact the soccer or baseball fields at the sports complex.

The overview of amended changes (Attachment A) in the lease agreement are:
• 14 Year ATC Ponderosa K, LLC Lease Extension - Expiring in 2037 • Continuance of 4% annual rent escalator
• Sublease to Dish Wireless, LLC with $500 flat rate per month - no escalator • 148 sq. ft. easement for Dish Network ground equipment • $10,000 one-time payment for extension of contract
A study was conducted to compare the current City of Norco cell tower lease agreements with JCSD's and the City of Rancho Cucamonga's agreements. In total, nine lease agreements were analyzed and incorporated into the data set. The data set collected included cell tower sites that were located in parks similar to the ATC Cell tower site. The monthly cell tower revenue data collected showed an average monthly revenue of $2,653 with the range of $1,643 to $3,939 per month. The study found that the City of Norco's cell tower lease agreements generally have a higher monthly income than the lease agreements of JCSD or Rancho Cucamonga.

The data also collected included terms of the agreements, escalators, and one-time benefit payments. The average Escalator, Terms, and One-Time Payments are shown below for the nine cell tower lease agreements included in the data set.

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Components Average
Escalator 3%
Terms 22.5
One-Time Payment $7,156
In summary, the proposed lease agreement provides favorable terms as compared to these market comparisons for other leases.

FISCAL IMPACT:

The estimated revenues from the ATC Ponderosa K, LLC Cell Tower Site will generate $3,800 per month and $45,600 annually for FY 2023-24, and a one-time payment of $10,000 in FY 2022-23 for the Park's Maintenance Revenue Account (121.000.54220) RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Strategic 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):

Attachment A
Attachment B
Resolution No 2023-30

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Site No: 204561
Site Name: SPORTS COMPLEX P
Project No: 13737431 (MB)

FIRST AMENDMENT TO

COMMUNICATIONS SITE LICENSE AGREEMENT
This First Amendment to Communications Site License Agreement (this “Amendment”) is made effective as of the latter signature date hereof (the “Effective Date”) by and between City of Norco, a California municipal corporation, (“Landlord”) and ATC Ponderosa K LLC, a Delaware limited liability company (“Tenant”) (Landlord and Tenant being collectively referred to herein as the “Parties”).

RECITALS
WHEREAS, Landlord owns the real property described on Exhibit A attached hereto and by this reference made a part hereof (the “Parent Parcel”); and
WHEREAS, Landlord (or its predecessor‐in‐interest) and Tenant (or its predecessor‐in‐interest) entered into that certain Communications Site License Agreement dated May 21, 2008(as the same may have been amended from time to time, collectively, the “Lease”), pursuant to which the Tenant leases a portion of the Parent Parcel and is the beneficiary of certain easements for access and utilities, all as more particularly described in the Lease (such portion of the Parent Parcel so leased along with such portion of the Parent Parcel so affected, collectively, the “Leased Premises”), which Leased Premises are also described on Exhibit A; and
WHEREAS, Landlord and Tenant desire to amend the terms of the Lease to extend the term thereof and to otherwise modify the Lease as expressly provided herein.

NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants set forth herein and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. One‐Time Payment. Tenant shall pay to Landlord a one‐time payment in the amount of Ten Thousand and 00/100 Dollars ($10,000.00), payable within thirty (30) days of the Effective Date and subject to the following conditions precedent: (a) Tenant’s receipt of this Amendment executed by Landlord, on or before June 15, 2023; (b) Tenant’s confirmation that Landlord’s statements as further set forth in this Amendment are true, accurate, and complete, including verification of Landlord’s ownership; (c) Tenant’s receipt of any documents and other items reasonably requested by Tenant in order to effectuate the transaction and payment contemplated herein; and (d) receipt by Tenant of an original Memorandum (as defined herein) executed by Landlord.

2. Lease Term Extended. Notwithstanding anything to the contrary contained in the Lease or this Amendment, the Parties agree the Lease originally commenced on August 22, 2009 and, without giving effect to the terms of this Amendment but assuming the exercise by Tenant of all remaining renewal options contained in the Lease (each an “Existing Renewal Term” and, collectively, the “Existing Renewal Terms”), the Lease is otherwise scheduled to expire August 21, 2034. In addition to any Existing Renewal Term(s), the Lease is hereby amended to provide Tenant with the option to extend the Lease for each of two (2) additional five (5) year renewal terms (each a “New Renewal Term” and, collectively, the “New Renewal Terms”). Notwithstanding anything to the contrary contained in the Lease, (a) all Existing Renewal Terms and New Renewal Terms shall automatically renew unless Tenant notifies Landlord that Tenant elects not to renew the Lease, as amended herein, at least sixty (60) days prior to the commencement of the next Renewal Term (as defined below) and (b) Landlord shall be able to terminate the Lease, as amended herein, only in the event of a material default by Tenant, which default is not cured within sixty (60) days of Tenant’s receipt of written notice thereof, provided, however, in the event that Tenant has diligently commenced to cure a material default within sixty (60) days of Tenant’s actual

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Site No: 204561
Site Name: SPORTS COMPLEX P
Project No: 13737431 (MB)
receipt of notice thereof and reasonably requires additional time beyond the sixty (60) day cure period described herein to effect such cure, Tenant shall have such additional time as is necessary (beyond the sixty (60) day cure period) to effect the cure. References in this Amendment to “Renewal Term” shall refer, collectively, to the Existing Renewal Term(s) and the New Renewal Term(s). The Landlord hereby agrees to execute and return to Tenant an original Memorandum of Lease in the form and of the substance attached hereto as Exhibit B and by this reference made a part hereof (the “Memorandum”) executed by Landlord, together with any applicable forms needed to record the Memorandum, which forms shall be supplied by Tenant to Landlord.

3. Additional Ground Space.
a. For good and valuable consideration, the receipt adequacy and sufficiency of which are hereby acknowledged, effective as of the Commencement Date (as defined below) Landlord hereby leases to Tenant approximately an additional one hundred forty eight and 8/10 (148.8) square feet of land (the “Expanded Lease Area”). The Expanded Lease Area is described, depicted and/ or designated on Exhibit B attached hereto and by this reference made a part hereof. Tenant may use the Expanded Lease Area in the same manner that Tenant is permitted to use the Leased Premises. On and after the occurrence of the Commencement Date, the Expanded Lease Area shall be (and shall be deemed to be for all purposes), without further action of the Parties hereto, part of the Leased Premises and any references to the Leased Premises in the Lease, as amended hereby, shall include (and shall be deemed to include for all purposes) the Expanded Lease Area.
b. Landlord hereby grants to Tenant, its officers, agents, employees, customers, and/or independent contractors the right and privilege to enter upon the Parent Parcel, Leased Premises, and/or the Expanded Lease Area at any time on or after the Effective Date, to perform or cause to be performed test borings of the soil, environmental audits, sampling, and/or tests, engineering studies and to conduct a survey of the Parent Parcel, Leased Premises and/or the Expanded Lease Area. Further, at any time on and after the Effective Date, Landlord hereby grants to Tenant, its officers, agents, employees, customers, and/or independent contractors the right and privilege to enter upon and reasonably use the portions of the Parent Parcel immediately adjacent to the Leased Premises and Expanded Lease Area for the purposes of accessing, constructing, installing, repairing, maintaining, and/or removing improvements within the Leased Premises and/or Expanded Lease Area. Landlord will not unreasonably interfere with Tenant’s use of the Parent Parcel, Leased Premises and/or the Expanded Lease Area in conducting these activities.
c. “Commencement Date” shall be the earlier of: (i) the date that one of Tenant’s customers commences payment to Tenant under a sublease, license or other form of collocation agreement that grants said customer use of the Expanded Lease Area; (ii) the date that Tenant issues a written ‘Notice To Proceed’ to one of Tenant’s customers for the purpose of commencing said customer’s installation of equipment on all or a portion the Expanded Lease Area; (iii) if no written ‘Notice to Proceed’ is issued, then the date that Tenant, or a customer, licensee, or sublessee thereof commences to install its equipment or other personal property at, on, or within the Expanded Leased Area; (iv) the date that Tenant issues a written notice to Landlord evidencing its intent to commence leasing the Expanded Lease Area; or (v) in the event Tenant commences payment of the additional rent described in Subsection 5 below (notwithstanding the fact that such payment was not obligated to be made at the time of such payment), the date that such payment commences.

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Site No: 204561
Site Name: SPORTS COMPLEX P
Project No: 13737431 (MB)
d. Notwithstanding the foregoing, Tenant, (or its customers, licensees, and sublessees) shall have sixty (60) months following the Effective Date to commence under the immediately preceding clauses (i), (ii), (iii), (iv) or (v) of Subsection 2(c) above (such period, the “Commencement Period”).
e. Effective as of the Commencement Date, the total rent payable under the Lease, as amended hereby, shall be increased by a sum of Five Hundred Dollars ($500.00) per month. The Parties hereby acknowledge and agree that all applicable increases and escalations to the rent authorized pursuant to the Lease shall continue in full force and effect.

4. Rent and Escalation. The Parties hereby acknowledge and agree that all applicable increases and escalations to the rental payments under the Lease (the “Rent”) shall continue in full force and effect through the New Renewal Term(s). In the event of any overpayment of Rent prior to or after the Effective Date, Tenant shall have the right to deduct from any future Rent payments an amount equal to the overpayment amount. Notwithstanding anything to the contrary contained in the Lease, all Rent and any other payments expressly required to be paid to Landlord under the Lease shall be paid to City of Norco by Tenant.

5. Landlord and Tenant Acknowledgments. Except as modified herein, the Lease and all provisions contained therein remain in full force and effect and are hereby ratified and affirmed. In the event there is a conflict between the Lease and this Amendment, this Amendment shall control. The Parties hereby agree that no defaults exist under the Lease. To the extent Tenant needed consent and/or approval from Landlord for any of Tenant’s activities at and uses of the site prior to the Effective Date, Landlord’s execution of this Amendment is and shall be considered consent to and approval of all such activities and uses. By entering into this Amendment, Landlord consents to and approves of a sublease, license or other form of collocation agreement between Tenant and DISH Wireless L.L.C. (“DISH”) for the use of the Tenant’s facilities within the Leased Premises and further approves of the installation of DISH’s equipment thereunder. Upon request by Tenant and at Tenant’s sole cost and expense but without additional consideration owed to Landlord, Landlord hereby agrees to promptly execute and return to Tenant building permits, zoning applications and other forms and documents, including a memorandum of lease, as required for the use of the Leased Premises and/or Expanded Lease Area by Tenant and/or Tenant’s customers, licensees, and sublessees. The terms, provisions, and conditions of this Section shall survive the execution and delivery of this Amendment.

6. Limited Right of First Refusal. Notwithstanding anything to the contrary contained herein, this paragraph shall not apply to any fee simple sale of the Parent Parcel from Landlord to any prospective purchaser that is not a Third Party Competitor. If Landlord receives an offer or desires to offer to: (i) sell or convey any interest (including, but not limited to, leaseholds or easements) in any real property of which the Leased Premises and Expanded Lease Area are a part to a Third Party Competitor or (ii) assign all or any portion of Landlord’s interest in the Lease, as modified by this Amendment, to a Third Party Competitor (any such offer, the “Offer”), Tenant shall have the right of first refusal to purchase the real property or other interest being offered by Landlord in connection with the Offer on the same terms and conditions. If Tenant elects, in its sole and absolute discretion, to exercise its right of first refusal as provided herein, Tenant must provide Landlord with notice of its election not later than forty‐five (45) days after Tenant receives written notice from Landlord of the Offer. If Tenant elects not to exercise Tenant’s right of first refusal with respect to an Offer as provided herein, Landlord may complete the transaction contemplated in the Offer with the Third Party Competitor on the stated terms and price but with the express condition that such sale is made subject to the terms of the Lease, as modified by this Amendment. Landlord hereby acknowledges and agrees that any sale or conveyance by Landlord in violation of this Section is and shall be deemed to be null and void and of no force and effect. The terms, provisions, and conditions of this

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Site No: 204561
Site Name: SPORTS COMPLEX P
Project No: 13737431 (MB)
Section shall survive the execution and delivery of this Amendment.

7. Landlord Statements. Landlord hereby represents and warrants to Tenant that: (i) to the extent applicable, Landlord is duly organized, validly existing, and in good standing in the jurisdiction in which Landlord was organized, formed, or incorporated, as applicable, and is otherwise in good standing and authorized to transact business in each other jurisdiction in which such qualifications are required; (ii) Landlord has the full power and authority to enter into and perform its obligations under this Amendment, and, to the extent applicable, the person(s) executing this Amendment on behalf of Landlord, have the authority to enter into and deliver this Amendment on behalf of Landlord; (iii) no consent, authorization, order, or approval of, or filing or registration with, any governmental authority or other person or entity is required for the execution and delivery by Landlord of this Amendment; (iv) Landlord is the sole owner of the Leased Premises and all other portions of the Parent Parcel; (v) to the best of Landlord’s knowledge, there are no agreements, liens, encumbrances, claims, claims of lien, proceedings, or other matters (whether filed or recorded in the applicable public records or not) related to, encumbering, asserted against, threatened against, and/or pending with respect to the Leased Premises or any other portion of the Parent Parcel which do or could (now or any time in the future) adversely impact, limit, and/or impair Tenant’s rights under the Lease, as amended and modified by this [ Amendment; (vi) so long as Tenant performs its obligations under the Lease, Tenant shall peaceably and quietly have, hold and enjoy the Leased Premises, and Landlord shall not act or permit any third person to act in any manner which would interfere with or disrupt Tenant's business or frustrate Tenant or Tenant’s customers’ use of the Leased Premises and (vii) the square footage of the Leased Premises is the greater of Tenant’s existing improvements on the Parent Parcel or the land area conveyed to Tenant under the Lease. The representations and warranties of Landlord made in this Section shall survive the execution and delivery of this Amendment. Landlord hereby does and agrees to indemnify Tenant for any damages, losses, costs, fees, expenses, or charges of any kind sustained or incurred by Tenant as a result of the breach of the representations and warranties made herein or if any of the representations and warranties made herein prove to be untrue. The aforementioned indemnification shall survive the execution and delivery of this Amendment.

8. Notices. The Parties acknowledge and agree that Section 3.28 of the Lease is hereby deleted in its entirety and is of no further force and effect. From and after the Effective Date the notice address and requirements of the Lease, as modified by this Amendment, shall be controlled by this Section of this Amendment. All notices must be in writing and shall be valid upon receipt when delivered by hand, by nationally recognized courier service, or by First Class United States Mail, certified, return receipt requested to the addresses set forth herein: to Landlord at: 2870 Clark Avenue, Norco, CA 92860‐1903; to Tenant at: Attn.: Land Management 10 Presidential Way, Woburn, MA 01801, with copy to: Attn.: Legal Dept., 116 Huntington Avenue, Boston, MA 02116. Any of the Parties, by thirty (30) days prior written notice to the others in the manner provided herein, may designate one or more different notice addresses from those set forth above. Refusal to accept delivery of any notice or the inability to deliver any notice because of a changed address for which no notice was given as required herein, shall be deemed to be receipt of any such notice.

9. Counterparts. This Amendment may be executed in several counterparts, each of which when so executed and delivered, shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument, even though all Parties are not signatories to the original or the same counterpart.

Furthermore, the Parties may execute and deliver this Amendment by electronic means such as .pdf or similar format. Each of the Parties agrees that the delivery of the Amendment by electronic means will have the same force and effect as delivery of original signatures and that each of the Parties may use such electronic signatures as evidence of the execution and delivery of the Amendment by all Parties to the same extent as an original signature.

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Site No: 204561
Site Name: SPORTS COMPLEX P
Project No: 13737431 (MB)

10. Conflict/Capitalized Terms. The Parties hereby acknowledge and agree that in the event of a conflict between the terms and provisions of this Amendment and those contained in the Lease, the terms and provisions of this Amendment shall control. Except as otherwise defined or expressly provided in this Amendment, all capitalized terms used in this Amendment shall have the meanings or definitions ascribed to them in the Lease. To the extent of any inconsistency in or conflict between the meaning, definition, or usage of any capitalized terms in this Amendment and the meaning, definition, or usage of any such capitalized terms or similar or analogous terms in the Lease , the meaning, definition, or usage of any such capitalized terms in this Amendment shall control.
[SIGNATURES COMMENCE ON FOLLOWING PAGE]

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Site No: 204561
Site Name: SPORTS COMPLEX P
Project No: 13737431 (MB)
LANDLORD:

City of Norco,
a California municipal corporation,
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
By:
________________________________
Robin Grundmeyer, Mayor
ATTEST:
________________________________
Dana Roa, CMC, City Clerk
APPROVED AS TO FORM:
________________________________
Harper & Burns, LLC, City Attorney

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Site No: 204561
Site Name: SPORTS COMPLEX P
Project No: 13737431 (MB)
TENANT:

ATC Ponderosa K LLC
a Delaware limited liability company
Signature: _____________________________
Print Name: ____________________________
Title: _________________________________
Date: _________________________________
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED Attach Certificate of Notary Acknowledgment

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Site No: 204561
Site Name: SPORTS COMPLEX P
Project No: 13737431 (MB)

EXHIBIT A
This Exhibit A may be replaced at Tenant’s option as described below.

PARENT PARCEL
Tenant shall have the right to replace this description with a description obtained from Landlord’s deed (or deeds) that include the land area encompassed by the Lease and Tenant’s improvements thereon upon receipt of Landlord’s written consent.

The Parent Parcel consists of the entire legal taxable lot owned by Landlord as described in a deed (or deeds) to Landlord of which the Leased Premises is a part thereof with such Parent Parcel being described below.

THAT REAL PROPERTY IN THE CITY OF NORCO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

LOT 1 OF BLOCK 72 OF NORCO FARMS TRUST NO. 5 AS SHOWN BY MAP ON FILE IN BOOK 14, PAGES 60 TO 62 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL ID#: 129‐020‐041

THIS BEING A PORTION OF THE SAME PROPERTY CONVEYED TO THE CITY OF NORCO, A MUNICIPAL CORPORATION FROM BLAIR DEVELOPMENT CO., IN A DEED DATED AUGUST 21, 1972 AND RECORDED OCTOBER 19, 1973, IN INSTRUMENT NO. 1973‐137078, RIVERSIDE COUNTY, CALIFORNIA.

LEASED PREMISES
Tenant shall have the right to replace this description with a description obtained from the Lease or from a description obtained from an as‐built survey conducted by Tenant upon receipt of Landlord’s written consent.

The Leased Premises consists of that portion of the Parent Parcel as defined in the Lease which shall include access and utilities easements. The square footage of the Leased Premises shall be the greater of: (i) the land area conveyed to Tenant in the Lease; (ii) Tenant’s (and Tenant’s customers) existing improvements on the Parent Parcel; or (iii) the legal description or depiction below (if any).

ATC LEASE AREA #1:

A 0.002 ACRE AREA BEING A PORTION OF LOT 1, BLOCK 72, NORCO FARMS TRACT NO. 5, RECORDED IN MAP BOOK 14, PAGE 60 IN THE PUBLIC RECORDS OFFICE OF RIVERSIDE COUNTY, CALIFORNIA, LYING IN THE CITY OF NORCO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE FROM A CAPPED REBAR FOUND ON THE NORTHWESTERLY RIGHT OF WAY LINE OF NORCO DRIVE, SAID REBAR HAVING CALIFORNIA C5 STATE PLANE COORDINATES N:1797907.226 E:6689454.134; THENCE RUN S 75°31’46” E A DISTANCE OF 443.50 FEET TO THE POINT OF BEGINNING; THENCE N 67°59'38" E A DISTANCE OF 10.00 FEET TO A POINT; THENCE S 22°00'22" E A DISTANCE OF 10.00 FEET TO A POINT; THENCE S 67°59'38" W A DISTANCE OF 10.00 FEET TO A POINT; THENCE N 22°00'22" W A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SAID ABOVE DESCRIBED AREA CONTAINS 0.002 ACRES OR 100 SQUARE FEET, MORE OR LESS.

ATC LEASE AREA #2:

A 0.005 ACRE AREA BEING A PORTION OF LOT 1, BLOCK 72, NORCO FARMS TRACT NO. 5, RECORDED IN MAP BOOK 14, PAGE 60 IN THE PUBLIC RECORDS OFFICE OF RIVERSIDE COUNTY, CALIFORNIA, LYING IN THE CITY OF NORCO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

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Site No: 204561
Site Name: SPORTS COMPLEX P
Project No: 13737431 (MB)

COMMENCE FROM A CAPPED REBAR FOUND ON THE NORTHWESTERLY RIGHT OF WAY LINE OF NORCO DRIVE, SAID REBAR HAVING CALIFORNIA C5 STATE PLANE COORDINATES N:1797907.226 E:6689454.134; THENCE RUN S 61°29’28” E A DISTANCE OF 364.03 FEET TO THE POINT OF BEGINNING; THENCE N 51°17'20" E A DISTANCE OF 18.00 FEET TO A POINT; THENCE S 38°42'40" E A DISTANCE OF 12.00 FEET TO A POINT; THENCE S 51°17'20" W A DISTANCE OF 18.00 FEET TO A POINT; THENCE N 38°42'40" W A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING. SAID ABOVE DESCRIBED AREA CONTAINS 0.005 ACRES OR 216 SQUARE FEET, MORE OR LESS.

ACCESS AND UTILITIES
The access and utility easements include all easements of record as well that portion of the Parent Parcel currently utilized by Tenant (and Tenant’s customers) for ingress, egress and utility purposes from the Leased Premises to and from a public right of way including but not limited to:

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Site No: 204561
Site Name: SPORTS COMPLEX P
Project No: 13737431 (MB)

EXHIBIT B

DESCRIPTION, DESIGNATION AND/OR DEPICTION OF EXPANDED LEASE AREA Expanded Lease Area:

A 0.003 ACRE AREA BEING A PORTION OF LOT 1, BLOCK 72, NORCO FARMS TRACT NO. 5, RECORDED IN MAP BOOK 14, PAGE 60 IN THE PUBLIC RECORDS OFFICE OF RIVERSIDE COUNTY, CALIFORNIA, LYING IN THE CITY OF NORCO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE FROM A CAPPED REBAR FOUND ON THE NORTHWESTERLY RIGHT OF WAY LINE OF NORCO DRIVE, SAID REBAR HAVING CALIFORNIA C5 STATE PLANE COORDINATES N:1797907.226 E:6689454.134; THENCE RUN S 61°29’28” E A DISTANCE OF 364.03 FEET TO THE POINT OF BEGINNING; THENCE S 38°42'40" E A DISTANCE OF 12.00 FEET TO A POINT; THENCE S 51°17'20" W A DISTANCE OF 12.33 FEET TO A POINT; THENCE N 38°42'40" W A DISTANCE OF 12.00 FEET TO A POINT; THENCE N 51°17'20" E A DISTANCE OF 12.33 FEET TO THE POINT OF BEGINNING. SAID ABOVE DESCRIBED AREA CONTAINS 0.003 ACRES OR 148 SQUARE FEET, MORE OR LESS.
[END OF EXHIBIT B]

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Site No: 204561
Site Name: SPORTS COMPLEX P
Project No: 13737431 (MB)
Prepared by and Return to:

American Tower
10 Presidential Way
Woburn, MA 01801
Attn: Land Management/Megan Bertino, Esq.

ATC Site No: 204561
ATC Site Name: SPORTS COMPLEX P
Assessor’s Parcel No(s): 129‐020‐041

MEMORANDUM OF LEASE
This Memorandum of Lease (the “Memorandum”) is entered into as of the latter signature date hereof, by and between City of Norco, a California municipal corporation, (“Landlord”) and ATC Ponderosa K LLC, a Delaware limited liability company(“Tenant”).

NOTICE is hereby given of the Lease (as defined and described below) for the purpose of recording and giving notice of the existence of said Lease. To the extent that notice of such Lease has previously been recorded, then this Memorandum shall constitute an amendment of any such prior recorded notice(s).

1. Parent Parcel and Lease. Landlord is the owner of certain real property being described in Exhibit A attached hereto and by this reference made a part hereof (the “Parent Parcel”). Landlord (or its predecessor‐in‐interest) and Tenant (or its predecessor‐in‐interest) entered into that certain Communications Site License Agreement dated May 21, 2008 (as the same may have been amended from time to time, collectively, the “Lease”), pursuant to which the Tenant leases a portion of the Parent Parcel and is the beneficiary of certain easements for access and utilities, all as more particularly described in the Lease (such portion of the Parent Parcel so leased along with such portion of the Parent Parcel so affected, collectively, the “Leased Premises”), which Leased Premises is also described on Exhibit A.

2. Expiration Date. Subject to the terms, provisions, and conditions of the Lease, and assuming the exercise by Tenant of all renewal options contained in the Lease, the final expiration date of the Lease would be August 21, 2044. Notwithstanding the foregoing, in no event shall Tenant be required to exercise any option to renew the term of the Lease.

3. Leased Premises Description. Tenant shall have the right, exercisable by Tenant at any time during the original or renewal terms of the Lease, to cause an as‐built survey of the Leased Premises to be prepared and, thereafter, to replace, in whole or in part, the description(s) of the Leased Premises set forth on Exhibit A with a legal description or legal descriptions based upon such as‐built survey. Upon Tenant’s request, Landlord shall execute and deliver any documents reasonably necessary to effectuate such replacement, including, without limitation, amendments to this Memorandum and to the Lease.

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Site No: 204561
Site Name: SPORTS COMPLEX P
Project No: 13737431 (MB)

4. Expanded Lease Area. The Landlord has granted to Tenant an Expanded Lease Area by approximately one hundred forty eight and 8/10 (148.8) square feet as depicted and/or described on Exhibit B attached hereto and by this reference made a part hereof.

5. Right of First Refusal. There is a right of first refusal in the Lease.

6. Effect/Miscellaneous. This Memorandum is not a complete summary of the terms, provisions and conditions contained in the Lease. In the event of a conflict between this Memorandum and the Lease, the Lease shall control. Landlord hereby grants the right to Tenant to complete and execute on behalf of Landlord any government or transfer tax forms necessary for the recording of this Memorandum. This right shall terminate upon recording of this Memorandum.

7. Notices. All notices must be in writing and shall be valid upon receipt when delivered by hand, by nationally recognized courier service, or by First Class United States Mail, certified, return receipt requested to the addresses set forth herein: to Landlord at: 2870 Clark Ave, Norco, CA 92860‐1903; to Tenant at: Attn.: Land Management 10 Presidential Way, Woburn, MA 01801, with copy to: Attn.: Legal Dept., 116 Huntington Avenue, Boston, MA 02116. Any of the parties hereto, by thirty (30) days prior written notice to the other in the manner provided herein, may designate one or more different notice addresses from those set forth above. Refusal to accept delivery of any notice or the inability to deliver any notice because of a changed address for which no notice was given as required herein, shall be deemed to be receipt of any such notice.

8. Counterparts. This Memorandum may be executed in multiple counterparts, each of which when so executed and delivered, shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument.

9. Governing Law. This Memorandum shall be governed by and construed in all respects in accordance with the laws of the State or Commonwealth in which the Leased Premises is situated, without regard to the conflicts of laws provisions of such State or Commonwealth. [SIGNATURES COMMENCE ON FOLLOWING PAGE]

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Site No: 204561
Site Name: SPORTS COMPLEX P
Project No: 13737431 (MB)
IN WITNESS WHEREOF, Landlord and Tenant have each executed this Memorandum as of the day and year set forth below.

LANDLORD
City of Norco,
a California municipal corporation,
Signature: _____________________________
Print Name: ____________________________
Title: _________________________________
Date: _________________________________
2 WITNESSES
Signature: _____________________________
Print Name: ____________________________
Signature: _____________________________
Print Name: ____________________________

ALL CAPACITY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of ________________________
On ______________________, before me, __________________________, Notary Public, personally (print name of notary)
appeared __________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
___________________________________
Signature of officer [SEAL]
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
Robin Grundmeyer
Mayor
June 7, 2023

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Site No: 204561
Site Name: SPORTS COMPLEX P
Project No: 13737431 (MB)
TENANT
ATC Ponderosa K LLC
a Delaware limited liability company
Signature: _____________________________
Print Name: ____________________________
Title: _________________________________
Date: _________________________________

WITNESS
Signature: _____________________________
Print Name: ____________________________
Signature: _____________________________
Print Name: ____________________________

WITNESS AND ACKNOWLEDGEMENT
Commonwealth of Massachusetts
County of Middlesex
On this ____ day of _____________________, 202___, before me, the undersigned Notary Public, personally appeared _____________________________________________, who proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
___________________________________
Notary Public
Print Name: _________________________
My commission expires: _______________ [SEAL]

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Site No: 204561
Site Name: SPORTS COMPLEX P
Project No: 13737431 (MB)

EXHIBIT A
This Exhibit A may be replaced at Tenant’s option as described below.

THAT REAL PROPERTY IN THE CITY OF NORCO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

LOT 1 OF BLOCK 72 OF NORCO FARMS TRUST NO. 5 AS SHOWN BY MAP ON FILE IN BOOK 14, PAGES 60 TO 62 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL ID#: 129‐020‐041

ATC LEASE AREA #1:

ATC LEASE AREA #2 :

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Site No: 204561
Site Name: SPORTS COMPLEX P
Project No: 13737431 (MB)
A 0.005 ACRE AREA BEING A PORTION OF LOT 1, BLOCK 72, NORCO FARMS TRACT NO. 5, RECORDED IN MAP BOOK 14, PAGE 60 IN THE PUBLIC RECORDS OFFICE OF RIVERSIDE COUNTY, CALIFORNIA, LYING IN THE CITY OF NORCO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCE FROM A CAPPED REBAR FOUND ON THE NORTHWESTERLY RIGHT OF WAY LINE OF NORCO DRIVE, SAID REBAR HAVING CALIFORNIA C5 STATE PLANE COORDINATES N:1797907.226 E:6689454.134; THENCE RUN S 61°29’28” E A DISTANCE OF 364.03 FEET TO THE POINT OF BEGINNING; THENCE N 51°17'20" E A DISTANCE OF 18.00 FEET TO A POINT; THENCE S 38°42'40" E A DISTANCE OF 12.00 FEET TO A POINT; THENCE S 51°17'20" W A DISTANCE OF 18.00 FEET TO A POINT; THENCE N 38°42'40" W A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING. SAID ABOVE DESCRIBED AREA CONTAINS 0.005 ACRES OR 216 SQUARE FEET, MORE OR LESS.

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Site No: 204561
Site Name: SPORTS COMPLEX P
Project No: 13737431 (MB)

EXHIBIT B
Expanded Lease Area
This Exhibit B may be replaced at Tenant’s option as described below.

COMMENCE FROM A CAPPED REBAR FOUND ON THE NORTHWESTERLY RIGHT OF WAY LINE OF NORCO DRIVE, SAID REBAR HAVING CALIFORNIA C5 STATE PLANE COORDINATES N:1797907.226 E:6689454.134; THENCE RUN S 61°29’28” E A DISTANCE OF 364.03 FEET TO THE POINT OF BEGINNING; THENCE S 38°42'40" E A DISTANCE OF 12.00 FEET TO A POINT; THENCE S 51°17'20" W A DISTANCE OF 12.33 FEET TO A POINT; THENCE N 38°42'40" W A DISTANCE OF 12.00 FEET TO A POINT; THENCE N 51°17'20" E A DISTANCE OF 12.33 FEET TO THE POINT OF BEGINNING. SAID ABOVE DESCRIBED AREA CONTAINS 0.003 ACRES OR 148 SQUARE FEET, MORE OR LESS.

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CITY OF NORCO

COMMUNICATIONS SITE LICENSE AGREEMENT

WITH ROYAL STREET COMMUNICATIONS CALIFORNIA, LLC

1. Parties and Date.

This License is made and entered into this 2] day of M33, , 2008 by and between the City of Norco (hereinafter referred to as “City’), a California municipal corporationand general law city with its principal place of business at 2870 CLARK Ave., Norco, CA 92860 and Royal Street CommunicationsCalifornia, LLC, a Delaware limited liability company, (hereinafter referred to as “Licensee”), with its principal place of business at 2913 El Camino Real, Suite 561, Tustin, CA 92782. City and Licensee are sometimes collectively referred to herein as the “Parties.”

2. Recitals.

2.1 Description of Licensed Land. City is the record owner of a piece of property generally located at 3364 Western Ave., City of Norco, County of Riverside, Assessor’s Parcel Number 129-020-017, 018, legally described in Exhibit “A” and generally referred to as Wayne Makin Sports Complex (“City Property”).

2.1.1 For the purposes of this License, the “Wireless Communications Tower,” as constructed by Licensee and referred to herein, shall refer to the Wireless CommunicationsTower constructed by Licensee pursuant to Section 3.4.

2.1.2 Licensee desires to use and City grants Licensee the right to use: (1) ground space measuring approximately two hundred eighteen (218) square feet of the City Property within which Licensee will install Licensee’s equipment; and (2) such other property as is necessary for access and utility easements, if any, all of which are more particularly depicted on Exhibit "A" attached hereto and incorporated herein by reference (“Licensed Land"), at Licensee's sole cost and expense. Licensee shall install the Wireless CommunicationsTower in a good and workmanlike manner.

2.2 Purpose of License. City desires to allow Licensee to use Licensed Land and Licensee desires to use Licensed Land in exchange for due and adequate consideration, the receipt and sufficiency of which are acknowledged by Parties and further described and set forth in this License. The purpose ofthe License is to allow Licensee to construct and operate a wireless telecommunications facility, and install a Wireless CommunicationsTower (on which the Licensee Facilities will be located) on Licensed Land to providebetter communication services to its customers.

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3. Terms.

3.1 Licensed Land. City hereby grants Licensee a license in, on, across and over the Licensed Land, on the terms hereinafter set forth, for the purpose of constructing and operating Licensee Facilities, as de?ned below, and constructing the Wireless Communications Tower.

3.2 Term. The term of this License shall be for ?ve (5) years, commencing on the earlier of the date on which Licensee begins construction on Licensed Land or twelve (12) months from the date of full execution of this Agreement. This License may be terminated in accordance with the provisions of Section 3.8 herein.

3.3 Option to Renew. Licensee shall have the option to renew this License on the terms and conditions herein contained for four (4) additional five (5) year periods upon written notice to City of Licensee’s intent to do so at least ninety (90) days prior to the expiration of the preceding term. Such notice shall be deemed given upon the mailing of such notice to City. If Licensee exercises the option to renew the License, City and Licensee shall execute an amendment to this License at least thirty (30) days prior to its expiration.

3.4 Facilities; Utilities; Access.

3.4.1 Licensee shall construct, on the Licensed Land, and as shown on plans approved by Licensor, the Wireless Communications Tower. Subject to the provisions of this License, Licensee has the right to erect, maintain and operate on Licensed Land those radio communications facilities, utility lines, transmission lines, electronic equipment, radio transmitting and receiving antennas, supporting equipment and structures thereto (“Licensee Facilities”), provided that the Wireless Communications Tower shall not be considered a Licensee Facility. A site plan of the proposed Licensee Facilities is attached hereto as Exhibit “C”. In connection therewith, Licensee has the right to do all work necessary to prepare, maintain and alter Licensed Land for Licensee’s business operations and to install transmission lines connecting the antennas to the transmitters and receivers. All of Licensee’s construction and installation work shall be performed at Licensee’s sole cost and expense, and in a good and workmanlike manner. Title to the Licensee Facilities shall be held by Licensee. All Licensee Facilities shall remain Licensee’s personal property and are not ?xtures. Licensee shall remove all Licensee Facilities, at its sole expense, and shall repair any damage to the City Property or Licensed Land caused by such removal in accordance with Sections 311 and 3.12 below.

City acknowledges that Licensee may enter into ?nancing arrangements including promissory notes and financial and security agreements for the ?nancing of Licensee Facilities (the “Collateral”) with a third party ?nancing entity and may in the future enter into additional ?nancing arrangements with other ?nancing entities. In connection therewith, City (i) consents to the installation of the Collateral to the extent that the Collateral is part of the approved Licensee Facilities; (ii) disclaims any interest in the Collateral, as ?xtures or otherwise, whether arising at law or otherwise, including, but not limited to any statutory landlord’s lien ; and (iii) agrees that the Collateral shall be Site number: LA079OB
Address: 3364 Western1_ve., Norco, CA 92860

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exempt from execution, foreclosure, sale, levy, attachment, or distress for any License Payment due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings.

3.4.2 Licensee shall pay for the electricity it consumes in its operations at the rate charged by the servicing utility company. Licensee shall draw electricity and other utilities from separate utility service than City’s from any utility company that will provide service to Licensed Land. City agrees to sign such documents or easements as may be required by said utility companies to provide such service to Licensed Land, including the grant to Licensee or to the servicing utility company at no cost to Licensee of an easement in, over across or through Licensed Land as required by such location acceptable to City and the servicing utility company.

3.4.3 Licensee, Licensee’s employees, agents, subcontractors, lenders and invitees shall have access to Licensed Land without notice to City twenty-four (24) hours a day, seven (7) days a week, at no charge. City grants to Licensee, and its agents, employees, contractors, guests and invitees, a non-exclusive right and easement for pedestrian and vehicular ingress and egress across the City Property.

3.4.4 City shall maintain all existing access roadways from the nearest public roadway to Licensed Land in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. City shall be responsible for maintaining and repairing such roadway, at its sole expense, except for any damage caused by Licensee’s use of such roadways. Notwithstanding the maintenance of existing roadways, and as discussed in Section 3.9 below, Licensee shall be responsible for acquiring, constructing and maintaining, at is sole expense, any additional access roadways or other means of ingress and egress necessary for Licensed Land, as specified by City in Exhibit “B” attached hereto and incorporated herein by reference. If the City should determine, in its reasonable discretion, that any roadways or other means of ingress and egress are needed and should be constructed by Licensee, it shall notify Licensee in writing at least one hundred and eighty (180) calendar days prior to their required installation. Licensee shall have the opportunity to terminate the License, pursuant to the terms of Section 3.8.1 below, rather than acquire and construct the roadways or other means of ingress and egress.

3.5 Use. Subject to the provisions of this License, including, but not limited to, Sections 3.10 and 3.18, Licensed Land may be used for any activity directly connected with the provision of communication services and the operation of the Licensee Facilities, provided that Licensee shall not construct or operate any Licensee Facilities in addition to those depicted or listed in Exhibit “A” without City’s consent. Licensee’s use of Licensed Land shall comply with all applicable laws, ordinances and regulations.

Without limiting the nature of the foregoing, Licensee shall obtain and maintain for the duration of the term and any renewal term a business license as required by the Norco Municipal Code and Licensee shall pay any and all tax(es) required by the Norco Municipal Code for such business license. If technically feasible, City may license other communication users on its Licensed Land, provided that such users do not interfere with Licensee’s communications operations. Similarly, Licensee shall not interfere with the Site number: LAO790B
Address: 3364 Western%_ve., Norco, CA 92860

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communications operations of any other persons or entities who may have a lease or other entitlement with City for Licensed Land which pre-dates this License, as discussed in more detail in Section 3.10.

3.5.1 Licensee shall adhere to all Conditional Use Permits (CUP) conditions as speci?ed by the City.

3.6 Consideration.

3.6.1 License Payments. As consideration for the issuance of this License, Licensee shall pay to the City the annual amount of twenty—two thousand eighty hundred Dollars ($22,800.00), payable in monthly installments of one thousand nine hundred Dollars ($1,900.00) on the lst day of each month (License Payments). The License Payments shall increase by four percent (4%) each year, effective on the anniversary date of this License. All payments shall be made payable to: City ofNorco, 2870 Clark Ave., Norco, CA 92680.

3.7 Late Payment Charges. Licensee hereby acknowledges that late payment by Licensee to City of License Payments and other sums due hereunder will cause City to incur costs not contemplated by this License, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, if any installment of consideration or any other sum due from Licensee shall not be received by City within twenty (20) days after such amount shall be due, Licensee shall pay to City a late charge equal to ten percent (10%) of such overdue amount, as well as interest on the outstanding amount which shall accrue at the rate of ten percent (10%) per annum. In no event shall the late charge or interest exceed the maximum allowable by law. The parties hereby agree that such late charge will automatically accrue by reason of any late payment by Licensee. Acceptance of such late charge by City shall in no event constitute a waiver of Licensee’s default with respect to such overdue amount, nor shall it prevent City from exercising any of the other rights and remedies granted hereunder.

3.8 Termination. In the event the License is terminated by either Party between the anniversary dates, there shall be a pro rata refund of any consideration paid in advance for the remaining term.

3.8.1 Termination By City Or Licensee. This License may be terminated at any time, for any or no reason, by City at any time or by Licensee at any time following the tenth (10"‘)yearupon one hundred eighty days (180) prior written notice. Notice is to be deemed given upon the mailing thereof, postage prepaid, to the recipient at its address set forth below.

3.8.2 Termination By Licensee. This License may also be terminated upon sixty (60) days prior written notice at any time during this License (i) if Licensee is unable to occupy or utilize Licensed Land due to ruling or directive of the FCC or other governmental agency, which cannot be reasonably corrected by Licensee, including but Site number: LA079OB
Address: 3364 Western1_ve., Norco, CA 92860

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not limited to, a take back of channels or roadways or change in frequencies, or (ii) if Licensee determines that Licensed Land is not appropriate for its operations for economic, environmental or technological reasons, including signal strength or interference. In the event of a termination pursuant to subparagraph (ii) of this provision, Licensee shall pay to City an additional sum of money equal to six (6) months of consideration. Violation by City of any term, covenant, condition or provision contained herein shall be cause for immediate termination of the License by Licensee, unless corrected within thirty (30) days after Licensee’s written request to do so. If such violation cannot reasonably be corrected within such thirty (30) day period, Licensee shall not have the right to terminate the License if the City commences correction of the violation within such thirty (30) day period and thereafter diligently pursues such correction to completion.

3.8.3 Termination By City. Violation of any term, covenant, condition or provision contained herein shall be cause for immediate termination of the License by City, unless corrected within thirty (30) days after City’s written request to do so. If such violation cannot reasonably be corrected within such thirty (30) day period, the City shall not have the right to terminate the License if Licensee commences correction of the violation within such thirty (30) day period and thereafter diligently pursues such correction to completion. Notwithstanding the foregoing, any instance of late payment is cause for immediate termination, as described in Section 3.8, at the sole discretion of City, unless payment is made along with all applicable penalties and interest within ten (10) days after the City notifies Licensee of the late payment. Upon the third instance of late payment during the License term (including any extension or renewal terms), Licensee shall not be entitled to the 10-day cure period, and the City may immediately terminate this License by providing written notice of termination to Licensee.

3.9 Improvements. No improvements, including the Licensee Facilities, shall be constructed and/or maintained on Licensed Land without City’s prior written approval of plans and speci?cations, including the aesthetic and visual nature of the Licensee Facilities, which approval shall not be unreasonably withheld. City shall endeavor to approve or request changes to the plans and specifications within ?fteen (15) days of receipt of such plans. The aesthetic and visual nature of the Licensee Facilities, including color and composition, shall compliment and blend into the City Property and surrounding community to the extent reasonably feasible. All work done, including construction of the Wireless Communications Tower by Licensee, shall be performed in accordance with the approved plans unless otherwise approved in writing by the City, which approval shall not be unreasonably withheld or delayed, provided that the City may refuse to approve deviations from the approved plans for the design of the Wireless Communications Tower. Licensee shall not change the existing grade or otherwise modify the topography of Licensed Land or City Property affected by this License without prior written consent of City, which shall not be unreasonably withheld, conditioned or delayed. Subject to approval by City, Licensee may traverse City’s land outside Licensed Land in order to connect to public utilities. To serve City’s Facilities and to remedy obstructions to access created by this License, Licensee may be required to construct a new driveway apron, paved driveway or other means of ingress or egress Site number: LA0790B
Address: 3364 Western'A7e., Norco, CA 92860

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outside of Licensed Land, and to perform all other work in connection therewith solely at Licensee’s expense, which work the City shall specify in Exhibit “B” attached hereto.

Such means of ingress or egress may or may not be on Licensed Land owned by City. In the event they are not on City’s Licensed Land, Licensee must obtain its own right—0fway. Licensee must comply with City’s guidelines as to construct in the vicinity of City’s facilities. The City shall be solely responsible for the installation of City equipment on the Wireless Communications Tower.

3.9.]. Licensee hereby consents to the collocation of other City equipment and facilities on the Wireless Communications Tower without separate or other approval of Licensee.

3.10 Interference.

3.10.1 Licensee shall operate the Licensee Facilities in a manner that will not cause interference to City’s use of Licensed Land or City equipment and facilities located on the Wireless Communications Tower, whether or not the City’s use of Licensed Land or City equipment and facilities predate the Licensee’s use of such land. Licensee shall operate the Licensee Facilities in a manner that will not cause interference to other licensees provided that the installations of such licensees’ facilities predate that of the Licensee Facilities. Licensee acknowledges that Licensee Facilities may cause interference with City facilities and equipment, and that this interference may require relocation of such Licensee Facilities or a redesign of such facilities to reduce or eliminate interference. Licensee shall cooperate with City or the owner of the affected facilities in developing solutions to interference problems, including determining which design changes or relocations may be necessary to end the interference. If Licensee and City or the owner of the affected facilities cannot reach agreement on a solution to the interference problem within thirty (30) days of the first provision of written notice concerning the interference, City may terminate this License. If relocation or redesign is deemed necessary by City due to interference caused by Licensee, Licensee shall redesign or relocate any or all of its Wireless Communications Tower—mounted equipment to alternate tower locations acceptable to City, at Licensee’s sole cost and expense, or reimburse City within thirty (30) days of receipt of an invoice for City’s costs in relocating City antennas or third-party facilities. Except in emergencies agreed to by City, Licensee shall not perform or have performed any tests, construction, installation, operation, maintenance or repair activities on the City Property or Licensed Land which will likely interfere with City’s quiet enjoyment of Licensed Land. All operations by Licensee shall be in compliance with all Federal Communications Commission (“FCC”) requirements, as well as other applicable Federal, State and local laws, rules and regulations. In the event interference occurs, Licensee agrees to take all reasonable steps necessary to eliminate such interference promptly. If Licensee cannot eliminate such interference, City shall have the right to terminate this License pursuant to Section 3.83.

Site number: LA079OB
Address: 3364 Western%_ve., Norco, CA 92860

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3.11 Vacating the Property. At the expiration of the term or at any sooner termination of this License, Licensee shall quit and surrender possession of Licensed Land and City property, and their appurtenances, to City in as good order and condition as they were delivered to Licensee, reasonable wear and tear zmd damage by the elements excepted. Within thirty (30) days of the expiration or termination of this License, Licensee shall remove all Licensee Facilities from Licensed Land and City Property.

3.12 Maintenance. Licensee shall, at its sole cost and expense, keep Licensed Land free of noxious weeds and trash, and in good and proper condition in compliance with all applicable laws and regulations concerning the use of Licensed Land. Licensee shall also not cause trash or other debris to be placed on the City Property. All improvements shall be maintained in good and workable order and good appearance, in accordance with City’s written direction which may be provided from time to time, including but not limited to, painting and screening. In addition, Licensee shall make any repairs to Licensed Land or City Property caused by or incident to Licensee’s use of Licensed Land or implementation of this License.

3.13 Hazardous Substances.

3.13.1 For purposes of this License, the term “Hazardous Substances” means: (a) any substance, products, waste, or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 United States Code Section 9601 et seq.; the Resources Conservation and Recovery Act, 42 United States Code Section 6901 et seq.; the Hazardous Materials Transportation Conservation and Recovery Act, 42 United States Code Section 1801 et seq.; the Clean Water Act, 33 United States Code Section 1251 et seq.; the Toxic Substances Control Act, 15 United States Code Section 2601 et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the Hazardous Substance Account Act, Health and Safety Code Section 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California Health and Safety Code Section 25280 et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Section 25170.1 et seq.; California Health and Safety Code Section 25501 et seq. (Hazardous Materials Release Response Plans and Inventory); or the California Porter-Cologne Water Quality Control Act, Water Code Section 13000 et seq., all as amended (the above cited California state statutes are hereinafter collectively referred to as “the State Toxic Substances Law”); or any other federal, state, or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance, now or at any time hereinafter in effect; (b) any substance, product, waste or other material of any nature whatsoever which may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; (c) petroleum or crude oil, other than petroleum and petroleum products which are contained within regularly operated motor vehicles; and (d) asbestos.

Site number: LA0790B
Address: 3364 Western?e, Norco, CA 92860

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3.13.2 Cit y warrants and represents that, to its knowledge as of the date hereof, there are no Hazardous Substances in or about Licensed Land and the City Property, the improvements thereon do not violate any applicable Federal, State, or local statutes, ordinances, regulations, rules or other requirements, and there is not presently pending any proceeding before any Federal, State or local tribunal or agency, the outcome of which would diminish or preclude Licensee’s use of Licensed Land as permitted under the terms of this License. Except as so provided, City makes no warranty or representation whatsoever concerning Licensed Land or City Property, including without limitation, the condition, fitness or utility for any purpose thereof, of any improvements thereto with applicable laws, ordinances or governmental regulations. Licensee’s right to use Licensed Land and City Property is strictly on an “as is” basis with all faults. City hereby disclaims all other warranties whatsoever, express or implied, the condition of the soil (or water), geology, and any warranty of merchantability or habitability or fitness for a particular purpose.

3.13.3 Except as otherwise speci?cally permitted under the terms of this License, Licensee shall not use, create, generate, store, deposit, dispose of or allow any Hazardous Substances on, under, about or within the City Property or Licensed Land in violation of any federal, state, or local law, rule, regulation, order, decree or other requirement listed in sub-section 3.13.1. Storage batteries for emergency power, fuel for temporary generators during power outages, and ordinary paints, solvents and similar substances commonly used in small quantities and necessary for maintenance of the Licensee’s Facilities are excepted from the preceding prohibition of use by Licensee of Hazardous Substances on Licensed Land, so long as Licensee complies with all applicable federal, state and local laws rules and regulations governing the use of such items,

3.13.4 No permanent underground or above ground storage tanks shall be installed on Licensed Land or City Property.

3.13.5 Cit y or its of?cers, employees, contractors, or agents shall at all times have the right to go upon and inspect Licensed Land and the Operations conducted thereon to assure compliance with the requirements herein stated. This inspection may include taking samples for chemical analysis of substances and materials present and/or testing soils on Licensed Land and taking photographs.

3.13.6 L icensee shall, within a reasonable time, either prior to the release by Licensee, or following the discovery by Licensee, of the presence o? or believed presence of, a Hazardous Substance as defined herein, give written notice to City in the event that Licensee knows or has reasonable cause to believe that any release of Hazardous Substance has come or will come to be located on, under, about or within Licensed Land or City Property. The failure to disclose in a timely manner the release of a Hazardous Substance, including but not limited to, an amount which is required to be reported to a state or local agency pursuant to law (e.g., California’s Hazardous Materials Storage and Emergency Response Act, Health and Safety Code Section 25550 et seq.) shall be grounds for termination of this License by City in addition to actual damages and other Site number: LAO790B
Address: 3364 Western'Ave., Norco, CA 92860

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remedies provided by law. Licensee shall immediately clean up and completely remove all Hazardous Substances placed by Licensee on, under, about or within Licensed Land or City Property, in a manner that is in all respects safe and in accordance with all applicable laws, rules, regulations.

3.13.7 I n the event Hazardous Substances are discovered, Licensee shall disclose to City the speci?c information regarding Licensee’s discovery of any Hazardous Substances placed on, under, about or within Licensed Land or City Property by Licensee, and provide written documentation of its safe and legal disposal.

3.13.8 Bre ach of any of these covenants, terms, and conditions shall give City the authority to either immediately terminate this License or to shut down Licensee’s operations thereon, at the sole discretion of City. In either case, Licensee will continue to be liable under this License to remove and mitigate all Hazardous Substances placed by Licensee on, under, about or within Licensed Land or City Property. Licensee shall be responsible for, and bear the entire cost of removal and disposal of, all Hazardous Substances introduced to Licensed Land and City Property by Licensee during Licensee’s period of use and possession of Licensed Land or City Property. Upon termination of this License, Licensee shall, in accordance with all laws, remove from Licensed Land or City Property any equipment or improvements placed on Licensed Land or City Property by Licensee that may be contaminated by Hazardous Substances.

3.13.9 Licensee shall defend, indemnify and hold City and its officials, officers, employees, contractors and agents free and harmless from any and all claims, liability, injury, damage, costs, or expenses (including, without limitation, the cost of attorriey’s fees) arising as a result of the presence of use of any Hazardous Substances placed or caused to be placed by Licensee or its partners, affiliates, agents, officials, officers, contractors or employees on the City Property or Licensed Land. City shall defend, indemnify and hold Licensee and its officials, officers, employees, contractors and agents free and harmless from any and all claims, liability, injury, damage, costs, or expenses (including, without limitation, the cost of attorney’s fees) arising as a result of the presence of use of any Hazardous Substances placed or caused to be placed by City or its partners, affiliates, agents, officials, officers, contractors or employees on the City Property. The foregoing indemnity is intended to operate as an agreement pursuant to, among other requirements, Section 107, subdivision (e) of CERCLA, 42 United States Code Section 9607, subdivision (e), and California Health and Safety Code Section 25364, to insure, protect, hold harmless and indemnify each party from any liability created by the other party pursuant to such sections.

3.14 Access. If required by City in Exhibit “B” attached hereto, Licensee shall provide and maintain uninterrupted vehicular access in and across Licensed Land for City and its employees, agents and contractors. If requested by City, Licensee shall provide a means for City to place its locks on gates.

3.15 Entry by Owner. Licensee shall permit City to enter upon Licensed Land at any reasonable time for the inspection thereof, or at any time in connection with any work Site number: LAO790B
Address: 3364 Western%_ve., Norco, CA 92860

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which may be required thereon, and City shall be liable for any damage to Licensee’s personal property in the course thereof, but only to the extent that damage was caused by the negligence of City or its personnel.

3.16 Previous Licenses. In the event there is an existing license between Licensee and City (or its predecessor-in—interest)covering Licensed Land, it is agreed and understood that this License shall cancel, supersede and terminate said prior license as of the effective date of this License.

3.17 Subordinate Rights. This License is subject and subordinate to the prior and ?xture rights and obligations of City, its successors and assigns, to use the City Property in the exercise of its powers and in the performance of its duties. Accordingly, there is reserved and retained unto City, its successors, assigns, grantees, and permittees, the right to construct and reconstruct facilities and appurtenances in, upon, over, under, across, and along City Property, and in connection therewith, the right to grant and convey to others, rights and interests to City Property, provided that the foregoing not unreasonably interfere with Licensee’s use of Licensed Land as provided in this License. In the event of interference to Licensee’s operations, City agrees to take all reasonable steps necessary to eliminate such interference promptly. If City cannot eliminate such interference, Licensee shall have the right to terminate this License pursuant to Section 3.8.2.

3.17.] This License is subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens, claims, and other matters of title (“Title Exceptions”) which may affect Licensed Land now or hereafter.

3.18 Assignment or Subletting. Licensee shall not assign this License without the prior express written consent of the City; provided, however, Licensee may assign this License, without increasing the number or substantially changing the type of facilities on Licensed Land, to any of its subsidiaries, affiliates or successor legal entities, or to any entity acquiring substantially all of the assets of Licensee. Licensee shall not sublicense all or any portion of City Property or Licensed Land without the express written consent of the City, which consent shall not be unreasonably withheld, provided that City may refuse to consent to any proposed sublicense that involves the collocation of another carrier’s facilities unless Licensee and/or the sublicensee agree to pay increased License Payments in an amount acceptable to City. Any unauthorized assignment or sublicense shall be void and shall immediately terminate this License. Notwithstanding anything to the contrary contained in this License, Licensee may assign, mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this License to any ?nancing entity, or agent on behalf of any ?nancing entity to whom Licensee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by loans, bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof; provided that any such transferee shall be bound by the provisions of this License, including but not limited to the restrictions on transfers, assignments, sublicensing, and collocation.

Site number: LA0790B
Address: 3364 WesternE_ve., Norco, CA 92860

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3.19 Taxes. The possessory property interest created by this License may be subject to property taxation, and Licensee may be subject to the payment of property taxes levied on such interest by the appropriate taxing authority. Licensee is required to pay any such tax directly to the appropriate taxing authority. In addition, if personal property taxes are assessed, Licensee shall pay any portion of such taxes directly attributable to the Licensee Facilities. City shall pay all real property taxes, assessments and deferred taxes on Licensed Land.

3.20 Mechanic’s Liens. Licensee shall keep Licensed Land and City Property free from any liens arising out of any work performed, material furnished, or obligations incurred by Licensee, or any tenant or subtenant thereof. Licensee shall not be considered in violation of this provision if it provides a bond in lieu of the lien which is in conformance with applicable law and which is in an amount and form acceptable to the City.

3.2] Waiver. The waiver by City or Licensee of any breach of any term, covenant, condition or provision contained herein (“Terms”), shall not be deemed to be a waiver of such Terms for any subsequent breach of the same or any other Terms contained herein.

The subsequent acceptance of consideration by City shall not be deemed to be a waiver of any preceding breach by Licensee of any Terms of this License, other than the failure of Licensee to pay the particular consideration so accepted, regardless of City’s knowledge of such preceding breach at the time of acceptance of such consideration.

3.22 Attorneys’ Fees. The prevailing party in any action brought by either party hereto, based on any claim arising under this License, shall be entitled to reasonable attorneys’ and/or consultants’ fees.

3.23 Insurance.

3.23.1 T ypes; Amounts. License shall obtain, and shall require any subcontractor to obtain, insurance in the amounts described below unless specifically altered or waived by City (“Required Insurance”). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this License or be no less than two times the speci?ed occurrence limit.
(i) General Lz'abz'lityInsurance. Licensee shall maintain occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate.
(ii) "All Risk” Property Insurance. Licensee shall maintain a policy of property insurance for perils usual to a standard “all risk” insurance policy on all its improvements or alterations in, on, or about Licensed Land, with limits equal to the value of all such improvements or alterations.
(iii) Umbrella Policy in the amount of Five Million Dollars ($5,000,000).

3.23.2 General Provisions. The general liability insurance policy shall name City, its elected officials, officers, employees, agents, and Volunteers as additional insureds.

Site number: LA0790B
Address: 3364 Western1_ve., Norco, CA 92860

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The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, agents, and volunteers, or if in excess stand in an unbroken chain of coverage in excess of Licensee’s scheduled underlying coverage. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, of?cers, employees, agents, and volunteers.

3.23.3 Certificates‘ Insurer Rating‘ Cancellation Notice. Prior to the Commencement Date, Licensee shall furnish to City properly executed certi?cates of insurance which evidence all Required Insurance. Licensee shall maintain the Required Insurance at all times while this License is in effect, and shall replace any certi?cate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days prior written notice to City. Unless approved in writing by City, Licensee shall place the Required Insurance with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A- :VIlI.

3.23.4 Waiver of Subrogation. City and Licensee release each other and their respective officials, directors, employees, representatives, and agents from any claims for damage or harm to any person, Licensed Land, or Licensee’s Facilities caused by, or which result from, risks insured under any insurance policy carried by the Parties at the time of such damage or harm. City and Licensee shall cause each insurance policy obtained by them to provide the insurance company waives all right of recovery by way of subrogation against the other in connection with any damage or harm covered by such policy.

3.24. Indemnity. Licensee hereby agrees to defend, indemnify and hold City and its directors, officials, officers, agents and employees free and harmless from and against any and all claims, demands, causes of action, costs, liabilities, expenses, losses, damages or injuries of any kind in law or equity, including the payment to City of all consequential damages and reasonable expenses of legal representation, whether by special counsel or by City’s staff, to persons or property, including wrongful death, in any manner arising out of or incident to any acts, omissions or willful misconduct of Licensee, its partners, affiliates, agents officials, officers or employees in performance of this License or use of Licensed Land or City Property. Licensee shall defend, with counsel of City’s choosing and at Licensee’s sole expense, any and all aforesaid suits, actions or proceedings, legal or affirmative, that may be brought or instituted against City, its directors, officials, officers, agents or employees. Licensee shall pay and satisfy any judgment, award or decree that may be rendered against City, its directors, officials, officers, agents or employees, Licensee shall reimburse such parties for any and all legal expenses and costs incurred by one or all of them in connection with this License or the indemnity herein provided. Licensee’s obligation shall survive termination or expiration of this License, and shall not be restricted to insurance proceeds, if any, received by City or its directors, officials, officers, agents or employees.

Site number: LA0790B
Address: 3364 Western7We., Norco, CA 92860

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3.25 Amendments. The provisions of this License may be amended by mutual written consent ofthe Parties.

3.26 No Relocation Assistance. Licensee acknowledges that Licensee is not entitled to relocation assistance or any other bene?ts under the Uniform Relocation Assistance Act or any other applicable provision of law upon termination to this License.

3.27 Time. Time is ofthe essence ofthis License.

3.28 Notices. All notices permitted or required under this License shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Licensee:

Royal Street Communications California, LLC
2913 El Camino Real, Suite 561
Tustin, CA 92782
City:

City of Norco
2870 Clark Ave.

Norco, CA 92860
Attn: Brian K. Petree
Such notice shall be deemed made when personally delivered or forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.29 Entire Agreement. This License constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this License must be in writing and executed by both parties.

3.30 Invalidity. If any provision of this License is invalid or unenforceable with respect to any party, the remainder of this License or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this License shall be valid and enforceable to the fullest extent permitted by law.

3.3] Successors and Assigns. This License shall be binding on and inure to the bene?t of the successors and permitted assignees of the respective parties.

3.32 Governing Law. This License shall be governed by the laws of the State of California.

Site number: LA0790B
Address: 3364 WesternTv’e., Norco, CA 92860

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3.33 Execution of License. This License may be executed in duplicate counterparts, each of which shall be deemed an original.

3.34 Survival. All obligations of Licensee hereunder not fully performed as of the completion or termination of this License shall survive such completion or termination, including without limitation all payment obligations and all obligations concerning the condition of Licensed Land and City Property.

3.35 Nondiscrimination. Licensee certi?es and agrees that all persons employed by it, its affiliates, subsidiaries, or holding companies and any of its contractors retained with respect to this License are and shall be treated equally without regard to or because of race, religion, ancestry, national original or sex, and in compliance with all federal and state laws prohibiting discrimination in employment.

3.36 Authority to Enter Agreement. Licensee has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this License have the legal power, right, and authority to make this Amendment and bind each respective Party.

3.37 Recordation. Licensor acknowledges that a memorandum of this Agreement in the form of Exhibit “D” may be recorded by Licensee, at its sole cost and expense, in the official records of the County of Riverside. Licensor agrees to execute such memorandum at the request of Licensee.

CITY OF NORCO, Royal Street Communications California,
a California municipal corporation LLC, a Delaware limited liability company lN§mel ChristineBryden
lT1?e}\Jetwrk DevelopmentManager
<32.21023“
De ra McNay
Approved as to F arm:

City Attorney
Site number: LAO790B
Address: 3364 Western1_ve., Norco, CA 92860

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Exhibit “A”
General Description of Licensed Land
[ATTACHED ON FOLLOWING PAGE]
The lanai 1‘ Cou11t.'.y 3:’
Site number: LAO790B
Address: 3364 Westerrf?c, Norco, CA 92860

Page 429 of 705 ends

Exhibit “B”
Site Plan of Licensed Facilities
[ATTACHED ON FOLLOWING PAGE]
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PROPOSED Raye! Sheet PAVEL ANTENNASuourmznTo PECPDSED60' HIGH SYEELNONOPOLEw/ucms SEE ANTENN-\LAYOUT A DFDSED Ruvul Slrael
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PROPOSED Royni Shzcl 12'XlE' LEASEARFLK
CATEDAT GROUNDLEVEL. EQUIPMENTLAVUUT
PROPOSED Royal smut U.G. POWER/TELCO cuuuurrmm NA
Site number: LA0790B
Address: 3364 Western?Te., Norco, CA 92860

Page 430 of 705 ends

Exhibit “C”
Memorandum of License
RECORDING REQUESTEDBY:

WHEN RECORDED, RETURN TO:

Royal Street Communications California, LLC
2913 El Camino Real, Suite 561
Tustin, CA 92782
APN: 129-020-017, 018

MEMORANDUM OF LICENSE
THIS MEMORANDUM OF LICENSE (“Memorandum”) dated as of
between CITY OF NORCO, A CALIFORNIA MUNICIPAL CORPORATION (“Licensor”), and

ROYAL STREET COMMUNICATIONS CALIFORNIA, LLC, A DELAWARE LIMITED LIABILITY COMPANY (“Licensee”).

RECITALS
WHEREAS, Licensor and Licensee have executed that certain Communications Site License Agreement (“License”) dated as of , 20_, covering certain premises (“Premises”) situated on certain real property located in the County of Riverside, State of California, and more particularly described in Exhibit “A" attached hereto and incorporated herein by this reference; and
WHEREAS, Licensor and Licensee desire to record notice ofthe License in the Official Records of Riverside County, California;
NOW, THEREFORE, in consideration of the foregoing, Licensor and Licensee hereby declare as follows:

I. Demise. Licensor has Licensed the Premises to Licensee (together with access rights), and Licensee has hired the Premises from Licensor, subject to the terms, covenants and conditions contained in the License.

2. Expiration Date. The term of the License (“Term”) is scheduled to commence on or before and shall expire ?ve (5) years thereafter, subject to Licensee’s option to extend the Term pursuant to Section 3.4 of the License for four (4) additional terms of five (5) years each.

3. License Controlling. This Memorandum is solely for the purpose of giving constructive notice of the License. In the event of conflict between the terms of the License and this Memorandum, the terms ofthe License shall control, Site number: LAO790B
Address: 3364 Western1_ve., Norco, CA 92860

Page 431 of 705 ends

IN WITNESS WHEREOF, Licensor and Licensee have executed this Memorandum of License as ofthe date and year first written above‘

LICENSOR

CITY OF NORCO,
a California municipal corporation
By:
(Name)
(Title)

LICENSEE
Royal Street Communications California, LLC
a Delaware limited liability company
B,s J
[Name]
ChristineBryden
Nel7:rk Develo men! Manager
@296’
Site number: LA0790B
Address: 3364 Western7Te., Norco, CA 92860

Page 432 of 705 ends

[ACKNOWLEDGMENTS FOLLOW]

STATE OF CALIFORNIA

COUNTY OF
On before me.
, personally appeared
, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the persons(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.

WITNESS my hand and official seal.

Signature:

STATE OF CALIFORNIA

COUNTY OF
On ore me.
, pers ally appeared
rsonally known to me (or proved to me on the
basis of satisfactory evidence) to be the rs0n(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me t t he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/ ir signatures(s) on the instrument the persons(s), or the entity upon behalf of which the pers (s) acted, executed
the instrument.

WITNES y hand and official seal.

Signature:

Site number: LAO79OB
Address: 3364 Western7XVe., Norco, CA 92860

Page 433 of 705 ends

STATE OF CALIFORNIA

COUNTY OF ORANGE
On 8/26/08 , before me, Robin Hickman, Notary Public, personally appeared Christine Bggden, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.

I certify under PENALTY OF PERIURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Public
My commission expires: 3/30/2011
(SEAL)

ROBINHICKMAN
Cornmlulon # 1735310
, Notary Public - Calltomla § 1 Orange county ‘ J mCorwnmMa30.20ll [

Page 434 of 705 ends

EXHIBIT A TO THE MEMORANDUM OF LICENSE
LEGAL DESCRIPTION OF LICENSOR’S PROPERTY
APN: 129-020-017, 018
All that real property located in the State of California, County ofRiverside, as described on the following page.

The land
CoI.1I1ty Of Riv
1:3 cmd ::' Tract I-1<;:u. B, as :‘:‘l1DE-F11
" Map on til
‘ thl ugh 4.: of Qfficial
F. . ::-If I~‘::L*-rz:—S1 .
‘I C lifcmnia.

End of Legal Desnrzription
Site number: LA0790B
Address: 3364 Wes1ern'AVe., Norco, CA 92860

Page 435 of 705 ends

RESOLUTION NO. 2023-30

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

CALIFORNIA, FIRST AMMENDMENT TO THE COMMUNICATIONS SITE LICENSE AGREEMENT FOR SITE #204561 SPORTS COMPLEX
BETWEEN THE CITY OF NORCO AND ATC PONDEROSA K, LLC.

WHEREAS, the City of Norco (Landlord) owns the real property described on Exhibit A attached hereto and by this reference made a part hereof; and WHEREAS, the Landlord and ATC Ponderosa K, LLC, (Tenant) entered into that certain Communications Site License Agreement, pursuant to which the Tenant leases a portion of the Parent Parcel and is the beneficiary of certain easements for access and utilities, all as more particularly described in the Lease, which Leased Premises are also described on Exhibit A; and WHEREAS, the Landlord and Tenant desire to amend the terms of the Lease to extend the term thereof and to otherwise modify the Lease; and WHEREAS, the City of Norco shall be and is hereby authorized and directed to grant the Amendment and any and all documents in connection with the Amendment; and WHEREAS, that the City of Norco is hereby authorized to take or cause to be taken, any and all actions necessary to enter into, execute, deliver and perform the Amendment and any and all documents and documentation that may be required or contemplated under the terms of the Agreement and to do any and all things which in the City’s discretion may deem to be necessary or appropriate in connection with or in furtherance of the foregoing resolution; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Norco, California, approve the First Amendment to the Communications Site License Agreement for Site No. 204561, between the City of Norco and ATC Ponderosa K, LLC.

PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on June 7, 2023.
__________________________
Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:
______________________________
Dana Roa, CMC, City Clerk
City of Norco, California

Page 436 of 705 ends

Resolution No. 2023-30 – First Amendment to Cell Site License Agreement

Page 2 ends

June 7, 2023
I, Dana Roa, CMC, 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 June 7, 2023, 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 June 7, 2023.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Attachment: Exhibit A – Lease Premise Description

Page 437 of 705 ends

City Council

STAFF REPORT
Date: June 7, 2023 Agenda Item:

2.L.

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 Barn Project (CIP Project No. 54410.1) RECOMMENDATION:

Approve appropriation of funds from the Measure R Fund in the amount of $472,000 for change orders primarily based on California Building Code Requirements, Fire Department Requirements, and Department of Industrial Relations Requirements for the project completion of The Barn.

SUMMARY:

On March 16, 2022, the City Council Approved the contract with Act 1 Construction for the Design Build Project to construct a Steel Frame Monitor Barn in the amount of $3,098,059. Shortly after, Act 1 began the design process. The first submittal to the Building Department identified additional requirements for a different occupancy classification from a Miscellaneous Group U to a Group A-3. The change in occupancy classification triggered additional California Building Code (CBC) requirements and Riverside County Fire Code requirements.

In addition, two labor classifications were subject to new pay rates per the Department of Industrial Relations (DIR). The two labor classifications (Cement Masons, Iron Workers) require additional compensation and the cost change is listed in the below-mentioned table along with "Attachment A."
In order to finalize The Barn Project, the following changes to the scope of work will need to be approved for the building to meet code requirements:
1 Added 4" Conduit for future Solar/HVAC $11,638.63
2 Fire Department Requirements/ Change in
Electrical Breaker Panel $24,385.85

Page 438 of 705 ends

3 Added Restrooms and Plumbing Fixtures - CBC
Requirement $81,052.00
4 Increase in Concrete Amounts - CBC Requirement $41,300.00 5 Increase in concrete pricing $37,932.82
6 Added Rebar for Slab - CBC Requirement $18,496.00
7 Added Slab Dowels - CBC Requirement $12,000.00
8 Added Rebar to Masonry Footings - CBC
Requirement $13,650.00
9 CMU block wall change to open end block to
accommodate for rebar change. - CBC
Requirement
$3,870.00
10 Increase in labor rates for Cement masons - DIR
Requirement $4,088.00
11 Increase in man doors for Fire Department
Requirements for egress $69,532.81
12 Increase in labor to install man doors $15,864.12
13 Added Voice Evacuation System - Fire Department
Requirement $19,341.50
14 Emergency Shutoff for Large Fans - Fire
Department Requirement $7,145.75
15 Increase in labor rates for Iron Workers - DIR
Requirements $10,331.49
16 Underground Fire Line size increase - CBC and Fire
Department Requirement $93,365.67
17 Perforated Pipe for added drainage on east side of
Building $7,600.00
Total $471,594.64
BACKGROUND:

The Barn Project will replace three demolished pole barns that were previously located at the same location and were predominately used for livestock events. The new steel frame monitor barn will be managed and maintained by the City of Norco and will be available for public and private events, including weddings, expositions, meetings and agriculture programs for local youth. The Barn Project is scheduled for completion in August 2023.

The change orders were reviewed by the City Council's Barn Subcommittee (Mayor Grundmeyer and Councilmember Newton) on May 18, 2023. The Committee recommended that the additional funds be appropriated from Measure R for these necessary change orders.

On May 24, 2023, the Measure R Committee unanimously recommended approval of the additional appropriation of funds in the amount $482,000 for the code compliance change order. Since the Measure R Committee approval, there has been a reduction in the price for the man doors in the amount of $10,000 for a total change order amount of $472,000.

Page 439 of 705 ends

FISCAL IMPACT:

The Barn Project was approved in Fiscal Year 2022-23 Capital Improvement Budget.

Fund 132 - Measure R, has a sufficient funding for the appropriation requested in the amount of $472,000.

RELATIONSHIP TO STRATEGIC PLAN:

Item 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):

Attachment A

Page 440 of 705 ends

The Barn (Project No. 54410.1)
Construction Change Order for Fire and CBC Compliance - Unforeseen Conditions as Part of Design/Build
Description Total Value Notes
1 Added 4'' Conduit for Future Solar/HVAC
No. 1 Subtotal $11,638.63
2 Added Fixtures - (Fire Department Requirements) 7 Exit Signs, Address Sign, Change in Breaker Panel
(Fire Requirements) address sign, 7 exit signs, breaker panel expedite and change in manufacture
No. 2 Subtotal $24,385.85
3 Added Restroom/Plumbing fixtures due to occupancy change from U to A-3 Added for A3 Occupancy Requirement QTY 4 added Water Closets Fixtures $2,814.00
Piping and Hardware $5,228.00
Labor for install $9,009.00
$17,051.00
QTY 2 Wall Hung Lavatory Fixtures $3,040.00
Piping and Hardware $3,390.00
Labor for install $3,603.00
$10,033.00
Mop Sink Fixture $0.00
Piping and Hardware $4,228.00
Labor to bring hot water to Mop Sink $6,809.00
$11,037.00
Floor Sink Fixture $5,095.00
Piping and Hardware $1,863.00
Labor for install $1,501.00
$8,459.00
Scullery Sink Fixture $4,753.00
Piping and Hardware $1,708.00
Labor for install $2,202.00
$8,663.00
Ice Maker Fixture $0.00 City to Purchase
Ice Maker Piping and Hardware $1,782.00 Added for Ice Maker Labor for install $2,024.00
$3,806.00
Water Heater Unit $2,755.00 Restroom A3 Occupancy Requirement Piping and Hardware $2,190.00
Labor for install $2,603.00
$7,548.00
Domestic Cold Water Pipe size Increase for Increased demand Page 441 of 705 Piping and hardware $3,603.00 A3 Occupancy demand
PRV and SOV $2,720.00 Type of piping
Domestic Hot Water Piping Main Line
Piping and hardware $2,308.00 Restroom A3 Occupancy Requirement Labor $2,902.00
Domestic Hot water Piping Insulation (labor and Material) $2,922.00 $14,455.00
No. 3 Subtotal $81,052.00
4 Increase In Concrete Amount Due to Engineering
Main building columns $12,000.00 Foundation plan check increased size Wind Columns $3,200.00 New wind column dimensions
Thickened Edge at Foundation Pads $22,500.00
CBC Required - Thickened edge of foundation pads to tie into the foundation
Thickened Edge at Perimeter Footings $3,600.00
CBC Required - Thickened edge of perimeter concrete to
tie into the foundation
No. 4 Subtotal $41,300.00
5 Increase in concrete price due to delays associated with changing occupancy Concrete price increase as of January 1 2023 - $15 yd
Concrete price increase as of March 1 2023 - $10 yd
No. 5 Subtotal $37,932.82 Difference in Concrete
6 Added Rebar at Slab on Grade 18" OC - CBC Requirement Original bid per RFP= #5 rebar 24'' OCEW = 1,387.5 total bars No. 6 Subtotal $18,496.00
Bar total difference = 1,849.9-1,387.5 = 462.4 bars @
$40/ bar (includes material and labor)
7 Added slab dowels per plan change
Base bid did not include slab dowels as slab was not intended to be structural Door and wind calcs that caused the slab to also be part of the foundations to meet CBC.

Addition of slab dowels to tie slab into perimeter footing for structural result No. 7 Subtotal $12,000.00
8 Added rebar to masonry footings per code change and building type change Original Bid per RFP = 182 LF of #5 @24'' OC = 91 Bars
Added due to changes = 182 LF of QTY 2 (both faces) #5
@8''OC = 546 bars less original 91 bars = 455 bars
@$30/bar (includes labor)
No. 8 Subtotal $13,650.00 Difference in cost of rebar @ masonry 9 Added cost for Change in block from standard 8x8x16 to 8x8x16 open end to accommodate rebar change to 8OC Page 442 of 705
3870 Block: $.60/block + $.40 labor/block = $1.00 x 3870 = No. 9 Subtotal $3,870.00
10 Increase in labor rate due to delay in planning per CA DIR Wages Masonry: Total Masonry Hours for 3,870 Block = 456 Man Hrs. (19 days x 8 hours a day x 3 men) Expiration date of determination: June 30, 2022** The
rate to be paid for work performed after this date has
been determined. If work will extend past this date, the new rate must be paid and should be incorporated in
contracts entered into now.

No. 10 Subtotal $4,088.00
11 Increase in man doors due to change in code and occupancy rating CBC Requirement & Fire Addition of QTY 5 double man doors and 6 single man doors w/ jambs, trim and hardware. (labor not included)
No. 11 Subtotal $69,532.81 $10,000 reduction from Measure R Report 12 Increase in labor to install added man doors due to occupancy change CBC Requirement & Fire No. 12 Subtotal $15,864.12
13 Cost to add Voice Evacuation tied to fire alarm system Fire Requirement Qty 12 Strobe/speakers with hardware, wire and labor
No. 13 Subtotal $19,341.50
14 Cost to add emergency shut off for "Big Ass Fans" tied to Alarm system Fire Requirement No. 14 Subtotal $7,145.75
15 Increase in labor rates due to delay in planning per CA DIR Iron Workers: Total Hours 2880 (60 days x 8 hours a day x 6 men) Expiration date of determination:

December 31, 2022** The rate to be paid for work
performed after this date has been determined. If work
will extend past this date, the new
rate must be paid and should be incorporated in
contracts entered into now.

No. 15 Subtotal $10,331.49
16 Increase in cost to UG Fire Line due to Occupancy Change At time of bid proposed UG Fire service was for 6'' hot tap 6'' DCDA and 6"FDC. Page 443 of 705 Due to occupancy change the water/flow demand dictated an increase in material diameter to 8'' and added 240LF of material, trenching, back fill & compaction and associated work. Added sprinklers/pipe to meet fire regulations No. 16 Subtotal $93,365.67
17 250 LF Perforated Pipe for East Side of Building
Added for additional drainage so that it would not
undermine foundation/slab
No. 17 Subtotal $7,600.00
TOTAL $471,594.64

Page 444 of 705 ends

City Council

STAFF REPORT
Date: June 7, 2023 Agenda Item:

5.A.

To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:

Ordinance 1095, Second reading: Adding Norco Municipal Code Section 2.27 Establishing a Veterans Commission
RECOMMENDATION:

Adopt Ordinance No.1095, Second Reading: An Ordinance of the City Council of the City of Norco, California, amending the Norco Municipal Code to add Section 2.27 to establish the Veterans Commission.

SUMMARY:

The First Reading of Ordinance No. 1095 was held on May 3, 2023 and was adopted by City Council.

FISCAL IMPACT:

Not applicable for this item.

RELATIONSHIP TO STRATEGIC PLAN:

The establishment of the Veterans Memorial Executive Commission supports Strategic Direction # 4 by further engaging the community in the development and maintenance of the City's Veterans Memorial.

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 1095

Page 445 of 705 ends

Page 446 of 705 ends

ORDINANCE NO. 1095

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, ADDING CHAPTER 2.27 “VETERANS COMMISSION” TO THE NORCO MUNICIPAL CODE. CODE AMENDMENT 2023-03
WHEREAS, on March 1, 2023, the City Council requested a discussion about establishing a formal City-sponsored Veterans Commission; and WHEREAS, on March 15, 2023, the City Council directed the City Manager to return to a future City Council meeting with a draft Ordinance transitioning the George A.

Ingalls Veterans Memorial Executive Committee (GIVMEC) to a newly-established Veterans Commission.

WHEREAS, the Code Amendment was scheduled for City Council review on May 3, 2023, on or about 7:00 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California, 92860.

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

SECTION 1: Norco Municipal Code Section 2.27 “Veterans Commission” is hereby added to read as follows:

Chapter 2.27

VETERANS COMMISSION
Sections:

2.27.001 Purpose

2.27.010 Established—Number of Members

2.27.020 Terms of Office

2.27.040 Requirements for Membership

2.27.050 Vacancies

2.27.060 Removal from Office

2.27.070 Organization

2.27.080 Conduct of Meetings

2.27.090 Duties—Limitations on Authority

2.27.100 Records
Section 2.27.001 Purpose.

The purpose of this title is to protect, maintain, and promote the George A. Ingalls Veterans Memorial Plaza and the interests of the Norco veterans’ community.

Section 2.27.010 Established—Number of Members.

There is established for the City a Veterans Commission of two members of the City Council and at least 9 members appointed from the community, to include: 2 Parks and Recreation Commissioners, 1 Commander of the Norco American Legion, 1 Representative of the Norco College Military Service Committee, 1 Representative from Norco High School ROTC Program, 1 County of Page 447 of 705Riverside District II Veterans Advisory Ordinance No. 1095 – Add Chapter 2.27 to establish the “Veterans Commission.”

Page 2 ends

June 7, 2023
Committee Member, 2 Representatives from the Blue Star Gold Star Moms and 1 Representative from the Sea Cadets .

Section 2.27.020 Appointment of Members.

The City Council shall appoint Commission members, including the two representatives of the City Council. Following the effective date of this ordinance, all the members of the existing George A. Ingalls Veterans Executive Committee as of the effective date of the ordinance shall automatically be appointed to serve on the Commission.

After this initial formation of the Commission, and as the original members’ terms expire or original members otherwise leave the Commission, the Council shall appoint individuals to the Commission using the procedures determined by the City Council. The Commission shall consist of not fewer than nine (9) members.

Section 2.27.030 Terms of Office.

The initial members from the Community shall serve either two- or four-year staggered terms, as determined by random drawing. Thereafter, appointments will be made for 4-year terms. Terms will end on July 1 or until a qualified successor is appointed and seated. The City Clerk shall keep a record of dates of appointments and the terms of office of the members. Terms will be staggered every two years to provide continuity on the Commission.

Members from the City Council shall be appointed by the City Council upon the recommendation of the Mayor.

Section 2.27.040 Requirements for Membership.

All community members of the Veterans Commission shall be committed to representing Norco’s veteran’s community and shall meet the following requirements:

A. Be at least eighteen years of age.

B. Be a citizen of the United States.

C. Be a legal resident of Norco, or be a stakeholder of the Veterans’ Memorial or the veterans’ community as determined by the City Council.

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

Section 2.27.050 Vacancies.

Persons appointed to fill a vacancy shall serve only for the unexpired term of the member whose vacancy they fill. No vacancies may be filled until or unless the Commission will be left with fewer than nine members.

Section 2.27.060 Removal from Office.

Members of the Commission shall be removed from office or have their office declared vacant in the following manner and for any one of the following reasons:

A. Failure to meet any one of the requirements for membership in Section 2.27.040, at which time the removal shall be automatic and no action by the City Council shall be necessary.

B. By a majority vote of the entire City Council. Page 448 of 705 Ordinance No. 1095 – Add Chapter 2.27 to establish the “Veterans Commission.”

Page 3 ends

June 7, 2023
C. Absence at three successive regular meetings without cause, or five meetings total in a 12-month period regardless of cause, at which time the secretary of the Commission shall immediately inform the City Council of such vacancy. A written notice to the secretary of the Commission on or before the day of the meeting stating there was an unavoidable absence or an absence due to illness shall be deemed an absence for cause.

D. At the end of the member’s term of office, in which case the removal shall be automatic and no action of the City Council is necessary, although the Commission Member shall continue to serve until the successor’s appointment.

Section 2.27.070 Organization.

The Commission shall elect a Chair and Vice Chair at its first meeting in July of each year.

Section 2.27.080 Conduct of Meetings.

The Commission shall hold not less than one regular meeting each quarter, such meetings’ schedules and times to be established by the Commission. Adjourned and special meetings may be called, noticed, and held in the manner established by Section 54956 of the California Government Code.

All meetings of the Commission shall be open and public, and a majority of the membership shall constitute a quorum for the transaction of business. A public record (minutes) shall be prepared, indicating all actions, findings, and determinations of the Commission. A written agenda shall be prepared and distributed to Commission Members in advance of all regular meetings. Rules of conduct of the meetings shall be determined by the Commission but shall be in accordance with those rules adopted for the conduct of City Council meetings. The Commission constitutes a “legislative body” as described in the California Government Code.

Section 2.27.090 Duties—Limitations on Authority.

The duties of the Commission shall be to review and make recommendations to the City Council and the professional staff concerning the protection and promotion the George Alan Ingalls Veterans Memorial Plaza and the interests of the Norco veteran community.

The Commission shall provide the City Council with proposals on new concepts, improvements, maintenance, priorities, and events. The Commission shall undertake any other action or activity directed by the City Council.

Section 2.27.110 Records.

The Veterans Commission shall keep complete minutes, books, and accounts of its meetings on file in the City Clerk’s Office.

SECTION 2 - EFFECTIVE DATE: This Ordinance shall become effective thirty (30) days after final passage thereof.

SECTION 3 – SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, and phrase Page 449 of 705 Ordinance No. 1095 – Add Chapter 2.27 to establish the “Veterans Commission.”

Page 4 ends

June 7, 2023
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 within fifteen (15) days of its passage to be posted at no less than five (5) public places within the City of Norco.

PASSED and ADOPTED by the City Council of the City of Norco, California, at a regular meeting on June 7, 2023.
_____________________________
Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on May 3, 2023, and thereafter at a regular meeting of said City Council duly held on June 7, 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 June 7, 2023. ________________________
Dana Roa, CMC, City Clerk
City of Norco, California

Page 450 of 705 ends

City Council

STAFF REPORT
Date: June 7, 2023 Agenda Item:

5.B.

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

Ordinance No.1096, Second Reading: approving Zone Code Amendment 2023-01, to amend Norco Municipal Code Title 18 “Zoning”, Chapter 18.24 (M-1 Zone Heavy Commercial/Light Manufacturing), amending the City’s existing industrial regulations to provide new/updated development, use, and operational regulations for industrial and warehouse uses. Ordinance No.1097, Second Reading: approving Gateway Specific Plan 99-01, Amendment No. 10, to amend Section 4.10.1.4 (Industrial District) of the Gateway Specific Plan, amending the City’s existing industrial regulations to provide new/updated development, use, and operational regulations for industrial and warehouse uses. Ordinance No.1098, Second Reading: approving Zone Code Amendment 2023-02, to amend Section 18.43.06 (3) of the Norco Municipal Code adding a public notice requirement for conditional use permit approvals on the reuse or redevelopment of any existing warehouse or industrial building with a gross floor area larger than 50,000 in the M-1 Zone and within the Industrial District of the Gateway Specific Plan.

RECOMMENDATION:

Adopt Ordinance No.1096, Second Reading: approving Zone Code Amendment 2023- 01, to amend Norco Municipal Code Title 18 “Zoning”, Chapter 18.24 (M-1 Zone Heavy Commercial/Light Manufacturing), amending the City’s existing industrial regulations to provide new/updated development, use, and operational regulations for industrial and warehouse uses.

Adopt Ordinance No.1097, Second Reading: approving Gateway Specific Plan 99-01, Amendment No. 10, to amend Section 4.10.1.4 (Industrial District) of the Gateway Specific Plan, amending the City’s existing industrial regulations to provide new/updated development, use, and operational regulations for industrial and warehouse uses.

Adopt Ordinance No.1098, Second Reading: approving Zone Code Amendment 2023- 02, to amend Section 18.43.06 (3) of the Norco Municipal Code adding a public notice requirement for conditional use permit approvals on the reuse or redevelopment of any existing warehouse or industrial building with a gross floor area larger than 20,000 square feet in the M-1 Zone and within the Industrial District of the Gateway Specific Plan.

SUMMARY:

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First Reading of Ordinance Nos. 1096, 1097 and 1098 was held on May 3, 2023, and was adopted by City Council, and scheduled for a Second Reading. These ordinances are proposed to amend the City’s existing industrial regulations to provide new/updated development, use, and operational regulations for industrial and warehouse uses, and updated the public notice requirement for conditional use permit approvals on the reuse or redevelopment of any existing warehouse or industrial building with a gross floor area larger than 20,000 square feet.

BACKGROUND:

The proposed updates/amendments to the Zoning Code Industrial Standards are required in response to the City Council imposition of a moratorium on the approval of new entitlement applications for the construction of industrial and warehouse buildings in the City. The first reading for the subject ordinances was held on May 3, 2023 and City Council approved the ordinances with the following changes:
• Zone Code Amendment 2023-02, to amend Section 18.43.06 (3) of the Norco Municipal Code adding a public notice requirement for conditional use permit approvals on the reuse or redevelopment of any existing warehouse or industrial building with a gross floor area larger than 20,000 square feet, and not 50,000 square feet as incorrectly originally noted; and
• That major and minor automobile/vehicle repair services be noted as allowed for indoor only in the M-1 Zone.

In addition, the findings in the subject ordinances with respect to the CEQA Exemption has been clarified and refences the evidence presented in the staff report to the City Council on May 3, 2023. The Finding in each Ordinance with respect to CEQA is amended for clarification to read as follows:
• This project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), which stipulates that CEQA only applies to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Based on the evidence presented to the City Council on May 3, 2023 on the subject project, the proposed Zone Code and Specific Plan Amendments updates permitted uses, development standards, architectural standards, and the list of permitted uses within areas of the city. Each new development within all affected areas of the said Zone Code and Specific Plan Amendments will continue to be reviewed under CEQA at the time of project submittal. Therefore, the proposed changes in regulation have no potential to have a significant effect on the environment, and are therefore not subject to CEQA, under the common sense exemption.

FISCAL IMPACT:

There is no financial impact.

RELATIONSHIP TO STRATEGIC PLAN:

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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. 1096, with Attachment
Ordinance No. 1097, with Attachment
Ordinance No. 1098

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ORDINANCE NO. 1096

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING ZONE CODE AMENDMENT 2023-01: A CITYINITIATED PROPOSAL TO AMEND NORCO MUNICIPAL CODE TITLE 18, CHAPTER 18.24 “M-1 ZONE HEAVY COMMERCIAL / LIGHT
MANUFACTURING”, AMENDING THE CITY’S EXISTING INDUSTRIAL

REGULATIONS TO PROVIDE NEW/UPDATED DEVELOPMENT, USE, AND

OPERATIONAL REGULATIONS FOR INDUSTRIAL AND WAREHOUSE
USES.

WHEREAS, the CITY OF NORCO initiated Zone Code Amendment 2023-01, a proposal to amend Chapter 18.24 “M-1 Zone Heavy Commercial/Light Manufacturing” of the Norco Municipal Code Title 18 (Zoning Code), relating to industrial uses; 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 April 12, 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 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. 2023-06 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 May 3, 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 that this project is exempt from review under the California Environmental Quality Act (CEQA). 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 the subject amendments will have a significant effect on the environment.

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

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Ordinance No. 1096 - Zone Code Amendment 2023-01
June 7, 2023

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I. FINDINGS.

A. The proposed Zone Code Amendment is necessary as it addresses the findings in Ordinance 1086 and 1087, that enacted a moratorium and an extension to that moratorium respectively, on the approval of new entitlement applications for the construction of industrial and warehouse buildings in the City.

B. The proposed Zone Code Amendment is necessary to ensure and maintain orderly development of land uses consistent with the objectives, policies, general land uses, programs, and actions of the City of Norco General Plan. None of the amendments conflict with current General Plan policies, objectives, or programs of the General Plan.

C. The proposed Zone Code Amendment will not be detrimental to the public convenience, health, safety, or general welfare of the City because the amendments will increase compatibility of industrial and warehouse uses with surrounding properties.

D. This project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), which stipulates that CEQA only applies to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Based on the evidence presented to the City Council on May 3, 2023, on the subject project, the proposed Zone Code Amendment updates permitted uses, development standards, architectural standards, and the list of permitted uses within areas of the city. Each new development within all affected areas of the said Zone Code Amendment will continue to be reviewed under CEQA at the time of project submittal. Therefore, the proposed changes in regulation have no potential to have a significant effect on the environment, and are therefore not subject to CEQA, under the commonsense exemption.

II. DETERMINATION:

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

SECTION 1: Title 18 (Zoning) of the Norco Municipal Code, Chapter 18.24 “M-1 Zone Heavy Commercial/Light Manufacturing” is hereby amended in its entirety to read as written in Attachment “A”.

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

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Ordinance No. 1096 - Zone Code Amendment 2023-01
June 7, 2023

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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 June 7, 2023.
__________________________
Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on May 3, 2023, and thereafter at a regular meeting of said City Council duly held on June 7, 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 June 7, 2023
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Attachment A: Norco Municipal Code Chapter 18.24 “M-1 Zone Heavy Commercial /Light Manufacturing

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Chapter 18.24
M-1 ZONE HEAVY COMMERCIAL/LIGHT MANUFACTURING
Sections:

18.24.02 Intent and Purpose.

18.24.04 Applicability.

18.24.06 Permitted Uses.

18.24.08 Site Development Standards.

18.24.10 Site Design Standards.

18.24.12 Building Design Standards.

18.24.14 Standards for Trucks.

18.24.16 Site Plan Review.

18.24.18 Architectural Review.

18.24.20 Definitions

18.24.02 Intent and Purpose.

The purpose of the M-1 Heavy Commercial/Light Manufacturing (M-1) Zone is to provide for the orderly development of heavy commercial and light industrial uses in areas of the City where the impacts to sensitive uses such as residential, educational, and public parks and open spaces uses will be minimized.

The development standards established for this zone are intended to protect the public health, safety, and welfare by providing standards that control the site design, building design, and the size of new and existing allowed uses.

18.24.04 Applicability.

The provisions of this chapter shall apply to all existing and new development in the M-1 Zone, as well as the redevelopment or reuse of existing warehouse buildings, as follows:

A. New Development:

The development standards in this chapter shall apply to all existing and new development permitted in Table 1: Permitted Uses.

B. Redevelopment and Reuse of Existing Warehouses:

All existing warehouse buildings larger than 50,000 square feet in gross floor area that are proposed for redevelopment or reuse that meet any of the following conditions shall comply with the development standards and permitted uses in this chapter:

1. The redevelopment or reuse of the existing warehouse building will result in 50 percent or more of the assessed value of the building being replaced, removed, or destroyed;

2. The redevelopment or reuse of the existing warehouse building will result in an alteration resulting in a 10 percent or more decrease in gross floor area or the number of parking spaces required;

3. The redevelopment or reuse of the existing warehouse building will result in a change of use that requires a conditional use permit;

4. The existing warehouse building and the property on which it is located has been vacant or unused for at least one year for the permitted use; or

5. No expansion or gross floor area of an existing warehouse building larger than 50,000 square feet in gross floor area is permitted.

Attachment "A"

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18.24.06 Allowed Uses.

A. Uses allowed in the M-1 Zone are listed in Table 1: Allowed Uses. These uses are allowed if they comply with the applicable development standards provided in this chapter.

B. The requirements for a conditional use permit are established in Chapter 18.45, Conditional Use Permits.

Table 1: Allowed Uses lists all the use categories and specific uses permitted within the M-1 Zone. The uses and use categories indicated in the table have been grouped under major headings to aid in locating a particular use. The uses listed consist of permitted uses (P) and conditionally permitted uses (CUP), i.e., those permitted with a conditional use permit.

If a specific use is consistent with a use category listed as determined by Staff, the specific use will be treated as part of the use category, even if it is not specifically listed. If there is difficulty categorizing a specific use, the procedures established in Chapter 18.42 (Similar Uses) shall be followed.

Table 1: Allowed Uses
Permitted Use M-1 Zone
Animal Services
Farrier Services CUP
Kennel, Animal Boarding P
Veterinary Hospitals P
Industrial, Manufacturing, Processing and Wholesaling
Construction Storage/Supply Yard, Indoor P
Construction Storage/Supply Yard, Outdoor CUP
Industrial Light, General P
Manufacturing and Processing, Heavy CUP
Manufacturing and Processing, Light P
Manufacturing and Processing – Previously Prepared
Materials P
Mini-Storage Warehousing (Existing) CUP
Outdoor Storage and Display (Accessory Use Only) P
Packing and Crating P
Research, Development, and Testing Facility P
Vehicle Towing Impound Yard CUP
Warehousing (only allowed in buildings less than 50,000 square feet in gross floor area) P
Wholesaling and Distribution (only allowed in buildings less than 50,000 square feet in gross floor area) P

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Mixed Use
Mixed-Use Centers (Light Industrial, Office, Commercial) (Limited to 25% Commercial Uses) P
Mixed-Use Development (Light Industrial, Office,
Commercial) P
Public Services
Public/Private Utility Facilities P
Public Services: Emergency Services P
Public Services, Minor P
Recreation, Education and Assembly
Indoor Commercial Recreation P
Trade School P
Residential
Residence for Owner, Caretaker or Manager CUP
Retail Trade
General Retail Business P
Restaurant or Café/Coffee Shop P
Services
Cemeteries CUP
Crematorium P
Emergency Shelter P
Equipment Rental P
Equipment Rental/Storage Yard, Heavy CUP
General Services P
Office P
Stables/Riding Academies CUP
Tattoo and Body-Piercing Establishments P 1
Transportation and Infrastructure
Transit Stations/Terminals CUP
Urban Agriculture
Composting Facility CUP
Food Production P
Nurseries P

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Vehicle Sales & Services 2
Automobile/Vehicle Repair Garages, Major (Indoor) P
Automobile/Vehicle Repair Garages, Minor (Indoor) P
Automotive/Vehicle Sales and Service, New and Used
(Indoor) P
Automotive/Vehicle Sales and Service, New and Used
(Outdoor) CUP
Taxicab/vehicles for hire businesses, including office and dispatch uses, and the storage, standing, and/or parking of taxicabs. All vehicles parked on site shall be in working condition. Said use shall include ancillary on-site repair and maintenance of vehicles listed for use as taxicabs.

P
End Notes:

1. The following regulations apply to tattoo and body-piercing establishments. (a) Tattoo and body-piercing establishments are not permitted in any underlying M-1 zones of a specific plan or in any M-1 zones within a Commercial Transition Overlay Zone (CTO);
(b) Tattoo and body-piercing establishments must not be located within 500 feet of any other tattoo and/or body piercing establishments as measured from any point from the outer boundaries of the building lease space containing the business;
(c) Tattoo and body-piercing establishments must not be located within 500 feet of any child care center as measured from any point from the outer boundaries of the building lease space containing the business; and,
(d) Any business engaging in tattooing, body piercing, or body art on those anatomical areas specified in Section 18.53.04(j), is deemed an adult orientedbusiness and is subject to, and must comply with, all requirements established in Chapter 18.53 “Adult Entertainment Establishments.”

2. Auto-related services and sales are only permitted uses in the M-1 Zone along Industrial Avenue. These auto-related services and sales are not permitted elsewhere in any other M-1 Zone, except with approval of a conditional use permit.

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18.24.08 Site Development Standards
Table 2: Development Standards establishes the minimum development standards applicable to all projects within the M-1 Zone. See also Exhibit 18.24.08-1, Site Development Standards).

Table 2: Development Standards
Standard M-1 Zone
“ft” = Feet and “sq ft” = Square Feet
Lot Requirement Standards
Lot area (min.) 10,000 sq ft 1
Lot width (min.) 75 ft
Lot depth (min.) 100 ft
Building Placement Standards
Setbacks
Front (min.) 25 ft 2
Street side (min.) 25 ft 2
Interior side (min.) 0 ft 3
Rear (min.) 0 ft 3
Building Form Standards
Building height (max.) 25 ft 4
Building floor area (max) 20,000 sq. ft. 5
Coverage (max.) N/A
Gross FAR (max.) N/A
Other Requirements
Landscaping Subsection 18.24.10.D
Off-Street Parking and Loading Chapter 18.38
Signs Chapter 18.37
Wall, Fences, and Structures in the Setback Area Subsection 18.24.10.D End Notes
1 The specified minimum lot area is not intended to prohibit two or more separate uses on a lot where the lot is in undivided ownership.
2 Parking is permitted in the required front or street side yard consistent with the standards in Section 10.24.10.B.1, Parking Location.
3 Where the property abuts any sensitive uses or any agricultural or residential zone, a 50-foot building setback is required which may be used for off-street parking or outdoor storage and screened in compliance with Section

18.24.10.D.2, Screening. A 15-foot landscape area is also required consistent with Section 18.24.10.D.1, Landscaping.
4 Building height up to 40 feet is subject to approval of a conditional use permit. 5 Any building greater than 20,000 sq ft but less than 50,000 sq ft is subject to approval of a conditional use permit.

Buildings greater than 50,000 sq ft in gross floor area are not allowed.

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Exhibit 18.24.08-1: Site Development Standards

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18.24.10 Site Design Standards.

A. General Site Design:

1. Site elements such as buildings, parking areas, driveways, sidewalks, and outdoor recreational spaces must be arranged to emphasize the aesthetically pleasing components of the site (e.g., landscaping and the superior architectural design of office building elements) and to screen less attractive elements (e.g., service facilities, loading docks, outdoor storage, equipment areas, and refuse enclosures) through the placement and design of buildings, screen walls, and landscaping.

2. Sites shall have internal sidewalks a minimum of five feet in width that connect to sidewalks or to the equestrian/pedestrian trails along public streets to create pedestrian connections.

3. Loading dock areas shall be located and designed so that they do not face toward (and are not visible from) any adjacent public right-of-way such as a street. These areas shall be screened with walls or fences and landscaped.

4. A special trash pick-up area shall be provided for each building. The location and size of the trash pick-up area will be established during the site plan review and approval.

5. All refuse, storage, and equipment areas placed outside of a building shall be screened in compliance with Subsection 18.24.12.F, Equipment Screening, from adjacent public rights-of-way and uses.

B. Parking Location and Design:

1. Parking Location:
a. Surface parking shall be located to the side or to the rear of principal buildings to the greatest extent feasible.
b. Parking is permitted in the required front or street side yard except for the first 10 feet measured from the property line which shall be landscaped in accordance with Subsection

18.24.10.D, Landscaping, Screening, and Trees.
c. No parking shall be permitted in the minimum setback area to be landscaped. d. All required passenger vehicle parking spaces shall be separated from any enclosed truck parking area or truck court and shall not require access through any enclosed truck parking area or truck court to reach the parking spaces.
e. Truck courts and trailer parking shall be located on the interior of the site to avoid screen walls being the most prominent street feature.

2. Parking Design:
a. All passenger vehicle parking lots, drive-aisles, and truck parking areas or truck circulation areas shall be paved with concrete.
b. Employee parking spaces shall be designated for electric or other alternative fueled vehicles in compliance with the California Building Code. c. Surface parking stalls for employees and guests may incorporate shade structures that are capable of supporting solar/photovoltaic array systems with a minimum clearance height of 12 feet.

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d. The shade structures shall not encroach into the required access lanes. e. The applicable tree and landscaping standards are not required in the sections of the parking areas where solar array systems are placed.

C. Open Space Design:

1. An outdoor seating/break area is required for the proposed office area of a building.

2. On-site open space areas shall contain an outdoor seating/break area with seating designed to allow a variety of sitting environments.

3. Outdoor seating areas shall provide shade under a suitable structure and wind protection using landscaping or transparent screening structures.

4. Outdoor seating areas shall be easily accessed from the lobby or interior break rooms and placed at the corner of the building or along the side of a building facing a public street.

D. Landscaping, Screening, and Trees:

1. Landscaping:
a. Site Landscaping Requirements:
(1) Landscaping shall be provided within all setback areas along all bordering streets, sidewalks, and adjacent sensitive uses to define the street edge, buffer pedestrians from vehicles, and provide shade.
(2) All property developed with a building or structure shall be landscaped in an amount equal to no less than 15 percent of the total area of the property being developed, except as provided in Title 18 of the Municipal Code.
(3) At least 25 percent of the required landscaping shall be located in the portion of the property used for off-street parking. (4) Front setbacks shall include a minimum 25-foot wide landscape planted area, unless parking is provided in the front setback area, in which case the requirements of Section 18-24.10.B.1, Parking Location, shall apply. (5) Street side setbacks shall include a minimum 10-foot wide landscaped area (6) For properties adjacent to a sensitive use, rear setback areas shall include a minimum 15-foot wide landscaped area.
(7) Any portion of a required landscape area that provides access from the property to the street or sidewalks and walkways, need not be landscaped. (8) Any landscaping adjacent to a lot line on a street shall not exceed three feet in height at any point within 25 feet (See Exhibits 18.24.10-1, Site Triangle: Street to Street, and

18.24.10-2: Sight Triangle: Driveway to Street) of the intersection of a driveway and a street or sidewalk or the intersection of two or more driveways or streets.

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Exhibit 18.24.10-1: Sight Triangle: Street to Street
Exhibit 18.24.10-2: Sight Triangle: Driveway to Street
(9) The required landscaped area shall be separated from any portion of the property used for parking or movement of vehicles by a wall or curb at least six inches higher in elevation than the adjacent area used for parking or movement of vehicles unless waived to meet the requirements of a water quality management plan. (10) All landscaping shall be drought tolerant and include, to the extent feasible, species with low biogenic emissions. Palm trees are not allowed. b. Maintenance Requirements:
(1) A permanent irrigation system shall be installed and maintained at all times for the irrigation of all landscaped areas to allow for plants and trees to maintain growth. (2) All landscaped areas shall be kept free of weeds and debris, and maintained in a healthy growing condition.

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(3) Property owners will be responsible for establishing a long-term maintenance program to assure that the landscaping remains in place and functional in accordance with the approved landscaping plan. Landscaping maintenance shall include, but not be limited to, pruning, weeding, fertilizing, mowing of lawns, removal of litter, and regular watering. (4) Maintenance of any landscaping between the curb of the street abutting the parcel and the property line shall be the responsibility of the owner of the parcel unless a recognized association or district has assumed responsibility for maintenance. c. Landscape Plan Review:

No building permit or occupancy permit shall be issued for any building or structure until landscaping plans for the property on which a building or structure is proposed have been submitted for review and approval by the City’s Planning Department and/or Planning Commission pursuant to site plan approval. The landscape plans shall include, but are not limited to, showing the following information:
(1) The size and dimension of all landscaped areas;
(2) The type and location of irrigation system to be installed and maintained; (3) The type of plant material for each area to be landscaped; and (4) The manner of constructing planter curbs, including their location, height, width, and type of materials.

2. Screening:
a. Walls and fences used to screen loading facilities, outdoor trash receptacles, outside storage, utility equipment, etc. must be constructed with solid materials and designed with materials and finishes that are consistent with the design of the primary buildings. Fences used for security purposes or around parking areas shall consist of wrought iron, tubular steel, or similar material. The use of chain-link is prohibited.
b. The minimum height of screen walls shall be six feet and the maximum height shall be eight feet (See Exhibit 18.24.10-3: Screening Outdoor Storage and Equipment). c. Where a property in the M-1 zone abuts any sensitive uses, an “A” or “R” zone, or an LD or OS zone, a masonry wall 10 feet in height shall be erected and maintained along the abutting lot line. The Planning Commission may require that all open storage areas be screened from public view by a solid wall or fence at least six feet high under site plan review. The provisions of Section 18.31.08 (Walls, Fences, and Structures in the Setback Areas) shall apply.

D. Screen walls shall not be located within any required front or street side yard building or landscape setback area.
e. Landscaping (and berming for walls greater than six feet in height) shall be used to reduce the visual impact of the walls.
f. For parking areas abutting the public right-of-way, opaque screening shall be installed. The screening shall be a minimum of 36 inches in height in accordance with Section 18.24.10.D.1, Landscaping, and no higher than 42 inches. The screening shall consist of the use of one or a combination of the following: a landscaped berm, hedges, or masonry wall. Landscaping shall be installed adjacent to walls.

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Exhibit 18.24.10-3: Screening Outdoor Storage and Equipment

3. Trees:
a. Trees shall be selected and planted to provide shade for walkways, outdoor seating areas, parking areas, etc., and for their ability for filtering particulate matter and other pollutants from the air. Trees in automobile parking areas shall provide at least 35 percent shade cover within the parking area within 15 years from when they were planted. b. Trees and shrubs shall be used as part of the solid screen buffering treatment. Trees used for this purpose shall be evergreen, drought tolerant, minimum 36-inch box, and shall be spaced at 25 to 30 feet on center. The minimum size of all shrubs shall be 15 gallons. The property owner and any successors in interest shall maintain these trees and shrubs for the duration of ownership, ensuring any unhealthy or dead trees and shrubs are timely replaced, as needed. c. A minimum of 50 percent of required trees shall be evergreen broadleaf tree species.

E. Loading Docks and Truck Entrances:

1. Loading docks, truck entries, and truck drive aisles shall not face nearby sensitive uses and shall be located as far from them to the greatest extent feasible.

2. Entry gates into the loading dock area shall be positioned a minimum of 150 feet of total available stacking depth inside the property line. An additional 75 feet of on-site queuing shall be added for every 20 loading docks beyond 20 up to 300 feet. Multiple lanes (minimum lane width of 12 feet) are permitted to achieve the required on-site truck queuing. Queuing or circling of vehicles on public streets immediately pre- or post-entry to a use in the M-1 Zone is strictly prohibited, unless queuing occurs in a deceleration lane or right turn lane exclusively serving the facility. Commercial trucks and/or trailers shall not be parked on a public road right-of-way or adjacent to sensitive uses.

3. An additional “wing-wall” shall be installed perpendicular to the loading dock areas to further attenuate noise related to truck activities and address aesthetics by screening the loading area when adjacent to sensitive uses.

F. Stormwater Retention and Detention Facilities:

Underground stormwater chambers shall be provided for stormwater retention or detention.

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18.24.12 Building Design Standards.

A. Building Orientation and Placement:

1. Buildings shall include articulated frontage design and transparent frontages along a minimum of 50 feet on both sides of the building that defines a corner.

2. Office and administration buildings associated with a redevelopment or reuse of a warehouse use shall be placed at the corner of a building at the intersection of two public streets. The building corner shall include a prominent, vertical structural element (e.g., a tower) that projects no more than 15 feet above the maximum allowable height of the building and that occupies a maximum of five percent of the building roof area. In addition, raised parapets with enhanced decorative treatment such as cornices or crenellations are permitted, not to exceed six feet above the maximum allowable height of the building.

3. The primary entrance to an office/administration building must face the corner or an adjacent public street.

4. Where feasible, equipment, electrical, and service rooms shall be placed within the footprint of the building (i.e., inside the building) or screened so that they are not visible from the public right-ofway.

B. Building Façade:

1. Building façades must incorporate architectural details associated with the City’s unique western or equestrian themes. This includes the use of simple building forms, covered walkways, framed windows and doors, the use of horizontal siding or board and batten siding, and other features associated with the Old West (See Exhibit 18.24.12-1, Building Façade Showing the Use of Western or Equestrian Materials), such as:
a. Flat or partial shed roof covered walkways along all or most of the elevation of the building, and especially over entry doors and windows.
b. A stone building base with board and batten or vertical siding above. c. Western style light fixtures, hardware, and site elements such as benches. d. A gable, flat, or shed roof behind a stepped parapet. Parapet heights are similar on the same block.
e. Exterior stairs to a second story with a shed-style porch.

Exhibit 18.24.12-1: Building Façade Showing the Use of Western or Equestrian Materials

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2. Primary building entries shall be readily identifiable and well-defined using projections, covered walkways, recesses, columns, roof structures, or other design elements.

3. All elevations of a building’s façade shall include vertical and horizontal modulation and articulation of the wall plane and roofline, proportionate to the height and length of the building.

Exceptions to this requirement are the wall planes at loading dock areas and the rear elevation of the building not facing sensitive uses.
a. Horizontal wall plane articulation in the form of wall plane projections, recesses, and/or projected masses every 75 linear feet shall be incorporated on all sides. Horizontal wall plane articulation shall have a minimum depth of at least 3 feet, as measured from the exterior of the main wall plane, and a minimum width of 12 feet.
b. Vertical wall plane articulation in the form of wall height variations of at least 18 inches approximately every 75 linear feet shall be incorporated on all sides.

4. All elevations of a building’s facade must have vertical or horizontal variations in color, texture, material, and ornamentation. Enhanced architectural treatments including combinations of accent building materials, windows/spandrel glass, reveals, metal eyebrow accents, cornices, etc. shall be incorporated on all sides.

5. The office component of building facades must contain offset or recessed structural bays, and projecting elements such as colonnades or bay windows.

6. Shade elements such as canopies, awnings, covered walkways or galleries, and overhangs shall be provided over all windows, and at all pedestrian entry points, along the front elevation, any street-facing elevation, and the office portions of the building.

7. Roofs shall be designed as an integral component of building form, mass, and façade, particularly along the front and office portions of the building. Building form shall be enhanced by sloped or offset roof planes, eave heights, and rooflines. a. All building roofs shall be solar-ready in compliance with California Building Code standards, which includes designing and constructing buildings in a manner that facilitates and optimizes the installation of a rooftop solar photovoltaic (PV). b. The office portion of a building’s rooftop that is not covered with solar panels or other utilities shall be constructed with light colored roofing material with a solar reflective index (“SRI”) of not less than 78. This material shall be the minimum solar reflective rating of the roof material for the life of the building.

C. Materials and Detailing:

1. The front and office portions of buildings must be constructed of high-quality materials, including, but not limited to, brick, stone, textured cast stone, tinted masonry units, concrete, glass, and metal or long-lasting siding products. Consistent with the City’s Western or equestrian character, wood post and beam support structures must be a minimum of six inches square and roof materials may include standing seam metal panels.

2. Unadorned, plain, or painted concrete block or panels and reflective glass are prohibited along the public frontage of the building.

D. Door and Window Openings:

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1. For office portions of principal buildings, window and door openings must comprise at least 60 percent of the total area of exterior walls facing a public street.

2. These windows must be clear or translucent to improve visibility, add visual interest, and allow light into interior spaces.

E. Exterior Lighting:

1. Decorative lighting fixtures shall be provided with a minimum 1-foot candle illumination level above that of surrounding parking lots at vehicle driveways and driveway entry/exits, pedestrian pathways, courtyards, and other activity areas.

2. Building and landscape accent up-lighting shall be incorporated into the lighting plan for the development site, with a focus on the front and office portions of the building.

3. All exterior lighting shall be directed down into the interior of the site and shielded to prevent glare and light trespass onto adjacent properties and streets.

4. Lighting systems shall be architecturally compatible with surrounding buildings to express the unique character of the area.

F. Equipment Screening:

The following screening standards shall apply to equipment such as HVAC units, storage tanks, ducting, etc.:

1. All roof and ground mounted equipment shall be screened and not visible from the public rightof-way and adjacent properties.

2. The visibility of any roof-mounted equipment from the public right-of-way shall be determined by “line-of-sight" and measured from a point that is 6 feet above the finished surface of the centerline of the public right-of-way (See Exhibit 18.24.12-2, Roof-top Equipment Screening).

3. All screening of roof-mounted equipment shall be accomplished with a parapet wall that is consistent and compatible with the architecture, materials, colors, etc. of the building. Where a parapet wall is not possible, then a screen shall be provided to enclose the roof mounted equipment.

Where roof mounted mechanical equipment and/or ductwork projects less than 18 inches above the roof or roof parapet it shall be painted to be consistent with the color scheme of the building.

Exhibit 18.24.12-2: Roof-top Equipment Screening

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18.24.14 Standards for Trucks.

A. Requirements for Trucks and Truck Drivers:

1. All diesel-fueled Medium-Heavy Duty Trucks (“MHDT”) and Heavy-Heavy Duty (“HHD”) trucks with a gross vehicle weight rating greater than 19,500 pounds shall use year 2020 California Air Resources Board (CARB) compliant or newer engines. Records shall be maintained by facility operators on-site and be made available for inspection by the City.

2. Truck drivers shall:
a. Not park and perform any maintenance of their trucks in designated on-site areas and not within the surrounding community or on public streets.
b. Be prohibited from idling for more than 5 minutes and require operators to turn off engines when not in use, in compliance with CARB regulations.
c. Not sleep or reside within any truck cab on-site overnight or for any other extended duration of time.

B. Truck Traffic:

1. An Operations and Truck Route Plan shall be submitted for review and approval as part of the site plan review application.
a. The Operations and Truck Route Plan shall:
(1) Describe the operational characteristics of the proposed use, including but not limited to, hours of operation, number of employees, and types of items to be stored within the building;
(2) Establish specific truck routes between the facility and regular destinations to provide the most direct routes to the nearest highway/freeway and to avoid traveling near sensitive uses; and
(3) Include physical and operational measures for preventing truck queuing, stopping, and parking on public streets.
b. Speculative projects for which no tenant is identified shall assume realistic operational characteristics and truck routing upon which any entitlement that is granted shall be based. c. The facility operator shall be responsible for implementing and monitoring an Operations and Truck Route Plan during all operations, including, but not limited to posting the plan and educating truck drivers on the approved routes.

2. The queuing of trucks on streets or elsewhere outside of the facility shall be prohibited. All queuing, stacking, loading, unloading, and parking shall occur exclusively on-site. The property owner and operator shall be responsible for ensuring compliance with this performance standard.

3. Managers and employees shall be trained on efficient scheduling and load management to eliminate unnecessary queuing and truck idling.

C. Operations:

1. Facility operators shall coordinate with the CARB and South Coast Air Quality Management District (SCAQMD) to obtain the latest information about regional air quality concentrations, health risks, and trucking regulations.

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2. Facility operators shall address any parking, traffic, noise, or safety issues within 48 hours of being notified by the City that an issue exists.

3. Prior to the issuance of either a business compliance certificate or an occupancy permit, any new tenant or operator of a reused or redeveloped warehouse facility shall submit an operational plan and trip generation analysis prepared by a licensed traffic engineer for review and approval demonstrating the proposed operations and projected traffic associated with the new tenant or operator is the less than the projected traffic assumed in the approved entitlements for the facility.”

18.24.16 Site Plan Review.

The provisions of Chapter 18.40 (SITE PLAN REVIEW) shall apply.

18.24.18 Architectural Review.

The provisions of Chapter 18.41 (ARCHITECTURAL REVIEW) shall apply.

18.24.20 Definitions.

The terms defined in this section are only applicable to this chapter and to Section 4.10.1.4, Industrial District, in the Gateway Specific Plan.

Automobile/Vehicle Repair Garages, Major. All activities involving automobile repair, including engine, transmission, chassis, top, body, and upholstery repair, body painting, and tire retreading and repair.

Automobile/Vehicle Repair Garages, Minor. Limited automobile repair or vehicle repair garages, including oil and fluid change facilities, small repairs such as battery replacement, and automotive top or upholstery shops. This does not include body or paint shops, or tire retreading and repair shops, see “Automobile/Vehicle Repair Garages - Major.”
Automobile/Vehicle Sales and Service, New and Used. A retail or wholesale establishment selling and/or renting automobiles, trucks and vans, trailers, motorcycles, and other motor vehicles new or used.

Vehicles for sale may be displayed indoors, or outdoors as authorized by the required conditional use permit. Does not include vehicle towing and impound yards.

Cemeteries. Internment establishments engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes animal cemeteries; cemetery, mausoleum, and columbarium operations; and full-service funeral parlors, whether accessory to or separate from a cemetery or columbarium. Does not include crematoriums - see “Crematorium.” Composting Facility. A facility in which controlled biological decomposition of organic solid waste, excluding restaurant grease and septage, derived primarily from offsite locations under in-vessel anaerobic or aerobic conditions occurs for commercial purposes.

Construction Storage/Supply Yard, Indoor or Outdoor. An indoor or outdoor storage facility operated by or on behalf of a contractor for the storage of large equipment, vehicles, and/or materials commonly used in the individual contractor’s type of business, and for the repair and maintenance of the contractor’s equipment. This may include an accessory office or buildings for the storage and repair of equipment and vehicles. An indoor yard is completely enclosed by walls on all sides and a roof.

Crematorium. A location within an enclosed building, or a building containing properly installed, certified apparatus intended for use in the act of cremation of the remains of deceased persons and animals.

Equipment Rental. A service establishment that may offer a wide variety of construction tools, household, event, and business equipment, furniture, or materials for rental.

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Equipment Rental/Storage Yard, Heavy. An establishment renting construction, far, or other heavy equipment, including, but not limited to, cranes earthmoving equipment, tractors, and farm equipment supplies.

Farrier Services. The care of horse hooves, including the trimming and balancing of horses’ hooves and shoe replacement.

Food Production. The use of land or buildings for farming, agriculture, or horticulture including necessary accessory uses for packing, treating, or storing produce provided that any such accessory use shall be secondary to that of normal food production activities. Food production does not include the raising of animals or fowl for commercial purposes, or the retail sale of any products on the premises except where specifically allowed in the underlying zone.

General Retail Business. Stores and shops selling many lines of merchandise to the ultimate consumer for any purpose other than for resale. Examples of these stores and lines of merchandise include, but are not limited to, the following:
• Business support services
• Glass replacement/repair
• Greenhouses
• Hardware stores
• Landscaping equipment sales/service
• Paint stores (no bulk storage paint containers)
• Parcel delivery
• Pre-fabricated structure sales
• Retail sales
• Specialty stores
• Sports equipment rental, incidental maintenance
• Studios (art, dance, music, photo)
• Wholesale retail stores.

General Services. Facilities primarily engaged in providing personal services, commercial services, and miscellaneous repair services and shops, including but not limited to the following:
• Auction establishments
• Bank/financial services
• Heating, plumbing, air conditioning sales/service
• Linen, uniform supply, laundry
• Photography/portraits/photo-finishing
• Printing and copying
• Small appliance and equipment repair and maintenance
• Tools and cutlery service/repair
• Vending machine services.

Indoor Commercial Recreation. These uses include all indoor commercial recreation and amusement facilities (except "Adult Entertainment" uses) including but not limited to bowling alleys, indoor sports arenas, indoor sports facilities, physical fitness facilities, video arcades, movie theaters, and pool arcades.

Industrial Light, General. This use includes manufacturing, storage transportation, construction, repair, and wholesale uses that does not include hazardous wastes or resulting large truck usage/parking on the site. Light industrial uses include, but are not limited to, the following:
• Electric and electronic equipment
• Fabricated metal

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• Food products
• General building contractors
• Lumber and wood products
• Miscellaneous manufacturing industries
• Printing and publishing
• Special trade contractors
• Textiles and apparel
• Truck and tractor/heavy equipment repair
• Welding
• Vehicle towing and impound yard.

Kennel, Animal Boarding. An enclosed, controlled area, either building, lot, or premises, inaccessible to other animals, on which five or more dogs over 120 days of age, cats, or other small animals are kept, maintained, trained, boarded, or offered for sale with or without compensation. The keeping of animals for personal or commercial uses is defined separately. See “Animal Keeping.” Manufacturing and Processing, Heavy. A facility accommodating manufacturing processes that involve and/or produce basic metals, building materials, chemicals, fabricated metals, paper products, machinery, textiles, and/or transportation equipment, where the intensity and/or scale of operations may cause significant impacts on surrounding land uses or the community. Examples of heavy manufacturing uses include, but are not limited to, the following:
• Chemicals and allied products (except drugs)
• Electrical distribution equipment
• Heavy construction contractors
• Machinery
• Rubber and miscellaneous plastic products
• Motor vehicle/transportation equipment.

Manufacturing and Processing, Light. A facility accommodating manufacturing processes involving and/or producing: apparel; food and beverage products; electronic, optical, and instrumentation products; ice; jewelry; and musical instruments. Light manufacturing also includes other establishments engaged in the assembly, fabrication, and conversion of already processed raw materials into products, where the operational characteristics of the manufacturing processes and the materials used are unlikely to cause significant impacts on surrounding land uses or the community. Examples of light manufacturing uses include, but are not limited to, the following:
• Bakery goods
• Beverage production
• Cabinetry
• Candy
• Clothing products
• Cosmetics
• Craft, handicraft equipment/supplies
• Dairy goods
• Dry cleaning plants
• Electrical/electrical equipment and instruments
• Food products/packaging
• Fruit and vegetable packaging
• Furniture and fixtures
• Glass products
• Health/cosmetic products/toiletries
• Leather products
• Light assembly/processing
• Lumber/wood products

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• Machine/welding shops
• Manufacturing/maintenance of electric/neon signs
• Medical/metalwork products
• Novelties/gifts
• Paper products
• Perfumes
• Pharmaceutical products
• Plastic/rubber products
• Printing/publishing
• Professional laundries
• Retail lumber
• Shoes
• Textile products
• Toiletries.

Manufacturing and Processing - Previously Prepared Materials. The manufacturing, assembling, compounding, packaging, and processing of articles or products from previously prepared materials; includes recycling facilities.

Mini-Storage Warehousing. A facility offering enclosed storage with individual access for personal effects and household goods including mini-warehouses and mini-storage. This use excludes workshops, hobby shops, manufacturing, or commercial activity.

Mixed-Use Centers and Developments. The development of a single building containing more than one type of land use or a single development of more than one building and use including, but not limited to, office, retail, recreation, public, or entertainment, where the different land use types are in close proximity, planned as a unified complementary whole, and shared pedestrian and vehicular access and parking areas are functionally integrated.

Nurseries. A commercial agricultural establishment, real property, or other premises, on or in which plants are propagated, grown, or cultivated or from which source plants are offered for distribution or sale.

Does not include the outdoor production of ornamental plants in the soil on the site. Also includes establishments engaged in the sale of these products, such as wholesale and retail nurseries. The sale of house plants or other nursery products entirely within a building or greenhouse is also included under "General Retail Business.”
Office. Premises available for the transaction of general business and services including but not limited to professional, management, medical, financial, legal, social, or government offices, but excluding retail, artisan, and manufacturing uses.

Outdoor Storage and Display (Accessory Use Only). The storage or display of any personal or business materials, products, or equipment outside of a building.

Public/Private Utility Facilities. A publicly or privately owned utility facility (i.e. electricity, gas, water, etc.) with incidental vehicle and equipment storage, training, and maintenance facilities.

Public Services: Emergency Services. Services to the public for emergencies and related buildings or garages (e.g., ambulance, fire, police, and rescue).

Public Services, Minor. Services for the public that include utility substations, pumping stations and other transmission and distribution facilities. Includes the maintenance and servicing activities of government-owned land, property, and buildings.

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Research, Development and Testing Laboratory. A facility for scientific research, and the design, development, and testing of electrical, electronic, magnetic, optical and computer and wireless communication components in advance of product manufacturing, and the assembly of related products from parts produced off-site, where the manufacturing activity is secondary to the research and development activities. Includes pharmaceutical, chemical, and biotechnology research and development.

Residence for Owner, Caretaker, or Manager. The living quarters for the owner or manager of a residential, commercial, or industrial development requiring 24-hour management.

Restaurant or Café/Coffee Shop. An establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state, and whose principal method of operation includes one or both of the following characteristics: 1) customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed; 2) a cafeteria-type operation where food and beverages generally are consumed within the restaurant building.

Sensitive Use. Any residence including private homes, condominiums, apartments, and living quarters, schools, preschools, daycare centers, in-home daycares, health facilities such as hospitals, long term care facilities, retirement and nursing homes, community centers, places of worship, parks (excluding trails), prisons, and dormitories.

Stables/Riding Academies. A facility dedicated to the keeping for commercial purposes of horses, donkeys, and/or mules, including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), pack stations, and barns, stables, corrals, and paddocks accessory and incidental to these uses.

Tattoo and Body-Piercing Establishments. An establishment whose principal business activity is one or more of the following: 1) using ink or other substances that result in the permanent coloration of the skin using needles or other instruments designed to contact or puncture the skin; or 2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.

Trade Schools. A specialized school frequently owned and operated privately for profit providing on-site training of business, commercial, industrial and trade or vocational skills.

Transit Stations/Terminals. A facility for public and commuter transportation including bus terminals and service facilities for commercial motor vehicles used for commercial passenger transportation, but excluding taxicabs.

Veterinary Hospitals. An establishment operated by a veterinarian licensed to practice in this state that provides clinical facilities and houses animals or birds for dental, medical, or surgical treatment. Does not include kennels or animal shelters.

Warehousing. Warehouse and storage operations, including screened outdoor storage.

Wholesaling and Distribution. An establishment engaged in selling merchandise to retailers, contractors; industrial, commercial, institutional, farm, or professional business users; other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Examples of these establishments include, but are not limited to:
• Wholesale (ancillary sale of items produced in this zone) • Wholesaling and warehouse
• Wholesale sales and distribution.

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ORDINANCE NO. 1097

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, GATEWAY SPECIFIC PLAN 99-01, AMENDMENT NO. 10: A CITY-INITIATED PROPOSAL TO AMEND SECTION 4.10.1.4 “INDUSTRIAL DISTRICT” OF THE GATEWAY SPECIFIC PLAN, AMENDING THE CITY’S

EXISTING INDUSTRIAL REGULATIONS TO PROVIDE NEW/UPDATED

DEVELOPMENT, USE, AND OPERATIONAL REGULATIONS FOR
INDUSTRIAL AND WAREHOUSE USES.

WHEREAS, the CITY OF NORCO initiated Gateway Specific Plan 99-01, Amendment No. 10, a proposal to amend Section 4.10.1.4 “Industrial District” of the Gateway Specific Plan, relating to industrial uses; and
WHEREAS, the Gateway Specific Plan 99-01, Amendment No. 10 was duly submitted to said City’s Planning Commission for decision at a public hearing for which proper notice was given; and
WHEREAS, the Gateway Specific Plan 99-01, Amendment No. 10 was scheduled for public hearing on April 12, 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 Planning Commission held a public hearing and received both oral and written testimony pertaining to the Specific Plan Amendment; and WHEREAS, the Planning Commission adopted Resolution No. 2023-07 recommending that the City Council adopt Gateway Specific Plan 99-01, Amendment No. 10; and
WHEREAS, Gateway Specific Plan 99-01, Amendment No. 10 was duly submitted to said City’s City Council for decision at a public hearing for which proper notice was given; and WHEREAS, the Gateway Specific Plan 99-01, Amendment No. 10 was scheduled for public hearing on May 3, 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 Gateway Specific Plan 99-01, Amendment No. 10; and
WHEREAS, the City of Norco acting as the Lead Agency has determined that this project is exempt from review under the California Environmental Quality Act (CEQA). 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 the subject amendments will have a significant effect on the environment.

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Ordinance No. 1097 - Gateway Specific Plan 99-01, Amendment No. 10 June 7, 2023

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NOW, THEREFORE, the Planning Commission of the City of Norco, California, does hereby recommend to the City’s City Council the following FINDINGS AND DETERMINATIONS:

I. FINDINGS.

A. The proposed Specific Plan Amendment is necessary as it addresses the findings in Ordinance 1086 and 1087 that enacted a moratorium and an extension to that moratorium respectively, on the approval of new entitlement applications for the construction of industrial and warehouse buildings in the City.

B. The proposed Specific Plan Amendment is necessary to ensure and maintain orderly development of land uses consistent with the objectives, policies, general land uses, programs, and actions of the City of Norco General Plan. None of the amendments conflict with current General Plan policies, objectives, or programs of the General Plan.

C. The proposed Specific Plan Amendment will not be detrimental to the public convenience, health, safety, or general welfare of the City because the amendments will increase compatibility of industrial and warehouse uses with surrounding properties.

D. This project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), which stipulates that CEQA only applies to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Based on the evidence presented to the City Council on May 3, 2023, on the subject project, the proposed Specific Plan Amendment updates permitted uses, development standards, architectural standards, and the list of permitted uses within areas of the city. Each new development within all affected areas of the said Specific Plan Amendment will continue to be reviewed under CEQA at the time of project submittal. Therefore, the proposed changes in regulation have no potential to have a significant effect on the environment, and are therefore not subject to CEQA, under the commonsense exemption.

II. DETERMINATION:

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

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Ordinance No. 1097 - Gateway Specific Plan 99-01, Amendment No. 10 June 7, 2023

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SECTION 1:

Section 4.10.1.4 “Industrial District” of the Gateway Specific Plan is hereby amended in its entirety to read as written in Attachment “A”.

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.

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Ordinance No. 1097 - Gateway Specific Plan 99-01, Amendment No. 10 June 7, 2023

Page 4 ends

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 May 3, 2023, and thereafter at a regular meeting of said City Council duly held on June 7, 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 June 7, 2023
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Attachment A: Gateway Specific Plan, Industrial District (4.10.1.4)

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GATEWAY SPECIFIC PLAN

4.10.1.4 Industrial District
Pages 102-108

20.100.001 4.10.1.4 Industrial District
a. Intent and Purpose
The purpose of the Industrial District is to provide for the orderly development of light industrial uses that also generate employment growth in manufacturing and scientific and technical services in areas of the City where the impacts to sensitive uses such as residential uses, educational uses, and public parks and open spaces uses will be minimized. Uses permitted in the District include manufacturing, research laboratories, and small warehouses. The development standards established for this District are intended to protect the public health, safety, and welfare by providing standards that control the site design, building design, and size of new and existing allowed uses. b. Applicability
The provisions of this chapter shall apply to all existing and new development in the Industrial District as well as the redevelopment or reuse of existing warehouse buildings as follows:
1) New Development
The development standards in this chapter shall apply to all existing and new development permitted in Table 1: Allowed Uses.
2) Redevelopment and Reuse of Existing Warehouses
All existing warehouse buildings larger than 50,000 square feet in gross floor area that are proposed for redevelopment or reuse that meet any of the following conditions shall comply with the development standards in this chapter:
a) The redevelopment or reuse of the existing warehouse building will result in 50 percent or more of the assessed value of the building being replaced, removed, or destroyed;
b) The redevelopment or reuse of the existing warehouse building will result in an alteration resulting in a 10 percent or more decrease in gross floor area or in the number of parking spaces required;
Attachment "A"

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Gateway Specific Plan: 4.10.1.4 Industrial District
DRAFT Gateway Specific Plan, Industrial District Standards | Norco | Page 103 c) The redevelopment or reuse of the existing warehouse building will result in a change of use that requires a conditional use permit; or d) The existing warehouse building and the property on which it is located has been vacant or unused for at least one year.
e) No expansion or gross floor area of an existing warehouse building larger than 50,000 square feet in gross floor area is permitted. c. Allowed Uses
1) Uses allowed in the Industrial District are listed in Table 1: Allowed Uses. These uses are allowed if they comply with the applicable development standards established in this Chapter. The uses listed consist of permitted uses (P) and conditionally permitted uses (CUP), i.e., those permitted with a conditional use permit.
2) The requirements for a conditional use permit are established in Chapter 18.45 of the Municipal Code, Conditional Use Permits.

Table 1: Allowed Uses
Permitted Use I District
Animal Services
Kennel, Animal Boarding P
Veterinary Hospitals P
Industrial, Manufacturing, Processing and Wholesaling
Industrial Light, General P
Manufacturing and Processing,
Heavy CUP
Manufacturing and Processing, Light P
Manufacturing and Processing –
Previously Prepared Materials P
Mini-Storage Warehousing (Existing) CUP
Outdoor Storage and Display
(Accessory Use Only) P
Research, Development and Testing
Facility P
Warehousing (only allowed in
buildings less than 50,000 square
feet in gross floor area)
P

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Gateway Specific Plan: 4.10.1.4 Industrial District

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d. Limitations on Allowed Uses
All uses allowed in the Industrial District shall be subject to the following conditions and limitations:
1) Noise, dust, mud, odor, smoke, vibrations or other similar discharges from operations and uses conducted on the premises shall be minimized; and Wholesaling and Distribution (only
allowed in buildings less than 50,000
square feet in gross floor area)
P
Mixed Use
Mixed-Use Centers (Light Industrial,
Office, Commercial) (Limited to 25%
Commercial Uses)
P
Mixed-Use Development (Light
Industrial, Office, Commercial) Uses P
Public Services
Public Services: Emergency
Services P
Public Services: Minor
P
Recreation, Education and Assembly
Indoor Commercial Recreation P
Trade School P
Residential
Residence for Owner, Caretaker or
Manager CUP
Retail Trade
General Retail Business P
Restaurant or Café/Coffee Shop P
Services
Emergency Shelter P
General Services P
Office P
Stables/Riding Academies CUP
Urban Agriculture
Food Production P
Nurseries P

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Gateway Specific Plan: 4.10.1.4 Industrial District
DRAFT Gateway Specific Plan, Industrial District Standards | Norco | Page 105 2) All uses in the Industrial District shall be conducted completely within a fully enclosed building except:
a) Recreational facilities customarily conducted in the open; b) Exterior storage provided that is completely surrounded by a masonry wall at least seven feet in height;
c) Outdoor dining areas and employee parking; and,
d) Surface parking lots.
3) No automobile dismantling businesses are allowed in this district. 4) Small professional offices up to 15,000 square feet in gross floor area are allowed as the principal permitted use except that, in conjunction with an allowed manufacturing, light industrial, light assembly, processing, or mixed use, the gross floor area may be greater, as determined by the Director of Community Development or designee.
e. Allowed Accessory Uses
The following uses are permitted in the Industrial District when developed and used in conjunction with one or more of the principal allowed uses. 1) Employee recreation facilities and play areas.
2) Wholesale sales and distribution, only allowed in buildings less than 50,000 square feet in gross floor area.
3) Surface parking lots.
4) Open storage incidental to a principal use provided the storage is screened from public view by a solid masonry or stucco stud wall of one color and not less than seven feet in height. Stored materials shall not be stacked above the height of the wall and shall not be located within the required parking area. f. Development Standards
General site development standards for the Industrial District are listed in Table 2:

Development Standards. Any “integrated” industrial center(s) shall be exempt from lot size and frontage requirements and shall be subject to the discretionary actions of the Planning Commission.

Table 2: Development Standards

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Gateway Specific Plan: 4.10.1.4 Industrial District

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Standard M-1 Zone
“ft” = Feet and “sq ft” = Square Feet
Lot Requirement Standards
Area (min.) 43,560 sq ft (1.0 acre) 1
Width (min.) 125 ft
Depth (min.) 250 ft
Building Placement Standards
Setback
Front Yard (min.) 25 ft 2, 3
When abutting Second Street between Mountain Avenue and Pacific Avenue 25 ft 2, 3
Side Yard (min.) None required except under the following conditions:

When abutting First Street 25 ft 2, 3, 4
When abutting Second Street between Mountain Avenue and Pacific Avenue 25 ft 2, 3, 4
When abutting Pacific Avenue 50 ft 2, 3, 4
When abutting any other dedicated street 25 ft 2, 3, 4
When abutting a different district 15 ft 2, 3, 4, 5
When abutting a residential district 50 ft, with 15 ft landscape area 2, 3, 5
Rear Yard (min.) None required except under the following condition:

When abutting a different district or adjacent to a dedicated street 15 ft 2, 4, 5 When abutting a residential district 50 ft, with 15 ft landscape area 2, 3, 5
When abutting Pacific Avenue 50 ft, with 10 ft landscape area 2, 3, 5
Building Form Standards
Building Height (max.) 25 ft 6
When utilizing a parapet wall to screen rooftop equipment 30 ft When located within 75 feet of Pacific Avenue and Second Street rights-of-way
20 ft or one story
Building Floor Area (max.) 20,000 sq. ft. 7
Coverage (max.) N/A
Gross FAR (max.) N/A
Other Requirements
Yard Area:

Where two or more legally established building sites at the time of adoption of these regulations are combined into one site, the minimum yard area for the new site shall be the aggregate of yard areas that would have been required for each of the original sites under these regulations.

Landscaping Section 18.24.10.D and

4.10.1.4.j
Off-Street Parking and Loading Chapter 18.38

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Gateway Specific Plan: 4.10.1.4 Industrial District
DRAFT Gateway Specific Plan, Industrial District Standards | Norco | Page 107 Signs Chapter 18.37
Wall, Fences, and Structures in the Setback Area Subsection 18.24.36 End Notes
1 The specified minimum lot area is not intended to prohibit two or more separate uses on a lot where the lot is in undivided ownership.
2 All setback areas shall be landscaped in compliance with the Norco Municipal Code Section 18.24.10.D, Landscaping, Screening, and Trees, and Section 4.10.1.4.I, Landscape Requirements. 3 No vehicle parking is allowed in required setback areas. 4 Where the property abuts any sensitive uses or an Agricultural or Residential Zone, a 50-foot building setback is required which may be used for off-street parking or screened outdoor storage. 5 A 7-foot high masonry wall is required within the setback area. 6 Building height up to 40 feet (inclusive of a parapet wall to screen rooftop equipment) is subject to approval of a conditional use permit. 7 Any building greater than 20,000 sq ft but less than 50,000 sq ft is subject to approval of a conditional use permit. Buildings greater than 50,000 sq ft in gross floor area are not allowed. g. Site Design Standards
See Norco Municipal Code, Section 18.24.10, Site Design Standards. h. Building Design Standards
See Norco Municipal Code, Section 18.24.12, Building Design Standards. i. Standards for Trucks
See Norco Municipal Code, Section 18.24.14, Standards for Trucks. j. Landscape Standards
In the Industrial District, the following landscaping requirements shall apply, in addition to the landscape standards provided in Norco Municipal Code Section 18.24.10.D, Landscaping, Screening, and Trees. In the event of a conflict, the most restrictive standard shall prevail:
1) In the front yard setback, an at-grade or raised landscape planter shall be employed in front yard setbacks fronting First or Second Street, between Mountain Avenue and Pacific Avenue, where the planting areas shall consist of undulating earth berms not less than 42” in height. A permanent drought tolerant ground cover such as turf, ivy, or gazania, and trees are the basic planting materials required. At a minimum, one 15 gallon tree shall be provided for every 25 feet of lot frontage on a dedicated street. Tree groupings shall be informal. A recommended plant palette is included as Appendix B of this Plan.
2) Landscaping is not required in side yard setbacks unless the side yard abuts a dedicated street or abuts a different zoning district.

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Gateway Specific Plan: 4.10.1.4 Industrial District

Page 108 ends

3) Landscaping for the purpose of this chapter shall consist of drought tolerant trees, shrubs, vines, annual and perennial flowers, ground cover or any combination of these landscape materials.
4) A minimum of 15 percent of the total of any development site shall be devoted to landscaping which includes all landscaped setback areas. One-third of the required landscaping shall be in the parking lot areas. 5) All landscaped areas shall be provided with permanent irrigation systems. 6) All landscaped areas shall be maintained in a neat, clean and healthy condition.

This shall include pruning, weeding, removal of litter, fertilizing and replacement of plants when necessary.
7) Landscape design shall include a variety of open space areas, utilizing earth mounds of variable heights, where feasible, with a varied grouping pattern of trees, shrubs, and ground covers.
8) Within vehicle parking areas, standards as required in Section 4.10.1.2(e)(1) (f) shall be applicable.
k. Definitions
See Norco Municipal Code, Section 18.24.20, Definitions.

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ORDINANCE NO. 1098

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPPROVING ZONE CODE AMENDMENT 2023-02: A CITYINITIATED PROPOSAL TO AMEND NORCO MUNICIPAL CODE TITLE 18, SECTION 18.43.06 (3) “PROCEDURE FOR HEARINGS AND APPEAL THEREFROM”, REVISING THE PUBLIC NOTICE REQUIREMENTS FOR

CONDITIONAL USE PERMIT APPROVAL TO AUTHORIZE THE REUSE OR

REDEVELOPMENT OF ANY EXISTING WAREHOUSE OR INDUSTRIAL
BUILDING WITH A GROSS FLOOR AREA LARGER THAN 20,000 SQUARE FEET, IN THE M-1 ZONE AND WITHIN THE INDUSTRIAL DISTRICT OF THE GATEWAY SPECIFIC PLAN.

WHEREAS, the CITY OF NORCO initiated Zone Code Amendment 2023-02, a proposal to amend Section 18.43.06 (3), “Procedures for Hearing and Appeal Therefrom”, of the Norco Municipal Code Title 18 (Zoning Code), relating to public notice requirements for approval of reuse or redevelopment of any existing warehouse or industrial building with a gross floor area larger than 20,000 square feet; 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 April 12, 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 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. 2023-08 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 May 3, 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 that this project is exempt from review under the California Environmental Quality Act (CEQA). 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 the subject amendments will have a significant effect on the environment.

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Ordinance No. 1098 - Zone Code Amendment 2023-02
June 7, 2023

Page 2 ends

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 as it addresses the findings in Ordinance 1086 and 1087 that enacted a moratorium and an extension to that moratorium respectively, on the approval of new entitlement applications for the construction of industrial and warehouse buildings in the City.

D. This project is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), which stipulates that CEQA only applies to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Based on the evidence presented to the City Council on May 3, 2023, on the subject project, the proposed Zone Code and Specific Plan Amendments updates permitted uses, development standards, architectural standards, and the list of permitted uses within areas of the city. Each new development within all affected areas of the said Zone Code and Specific Plan Amendments will continue to be reviewed under CEQA at the time of project submittal. Therefore, the proposed changes in regulation have no potential to have a significant effect on the environment, and are therefore not subject to CEQA, under the commonsense exemption.

II. DETERMINATION:

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

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Ordinance No. 1098 - Zone Code Amendment 2023-02
June 7, 2023

Page 3 ends

SECTION 1:

Title 18 (Zoning) of the Norco Municipal Code, Section 18.43.06 (3) “Procedures for Hearing and Appeal Therefrom” is hereby amended to read as follows:

18.43.06 Procedure for Hearing and Appeals Therefrom
(3) The Community Development Director or designee shall cause notice of the public hearing to be published at least once in a newspaper of general circulation, published and circulated in the City, or if there is none, it shall be posted in at least five public places within the City, not less than 10 calendar days before the date of said hearing.

The Community Development Director or designee shall also cause said notice to be mailed, postage prepaid, not less than 10 calendar days before the date of said hearing to owners of real property within a minimum radius of 300 feet of the exterior boundaries of the property, which is the subject of the application, or within the minimum radius that is required such that a minimum of 25 property owners will be notified. However, public notice for a hearing for conditional use permit approval to authorize the reuse or redevelopment of any existing warehouse or industrial building with a gross floor area larger than 20,000 in the Heavy Commercial/Light Manufacturing (M-1) Zone and the Gateway Specific Plan Industrial District (I District) shall be mailed to all property owners within 1,000 feet of the exterior boundaries of the property which is the subject of the application. The names and addresses of property owners for mailing the notice of public hearing shall be taken from the last equalized assessment roll, or, alternatively, from such other records as contain more recent information in the opinion of the Planning Commission.

SECTION 2. EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.

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Ordinance No. 1098 - Zone Code Amendment 2023-02
June 7, 2023

Page 4 ends

AYES:

NOES:

ABSENT:

ABSTAIN:

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City Council

STAFF REPORT
Date: June 7, 2023 Agenda Item:

6.A.

To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:

Discussion regarding the next steps for development of the Solid Waste Franchise Contract
RECOMMENDATION:

Provide direction to staff to conduct a full request for proposal process or conduct negotiations with Norco's current waste hauler.

SUMMARY:

The current franchise hauler contract expires on June 30, 2024 and the the City Council has elected to use R3 Consulting Group, Inc. to provide professional services to help procure the City of Norco's next vendor to provide trash hauling services. The City Council is now being asked to provide direction to have the consultant conduct a formal request for proposal process or attempt to negotiate a new contract with the City's current waste hauler.

BACKGROUND:

On May 3, 2023, the City Council accepted the proposal from R3 Consulting Group, Inc. to provide solid waste procurement services for the City of Norco's next waste hauler franchise agreement and awarded a contract in the amount not-to-exceed $121,000. As mentioned in the May 3rd staff report, staff outlined two pathways to selecting the next hauler for the City's solid waste contract prior to the June 30, 2024 contract expiration.

One option is to conduct a full request for proposal (RFP) process, and the second option is to negotiate a new contract with the current hauler, Waste Management.

Staff is now seeking City Council's direction on how to proceed. R3 will be available by phone during the Council's discussion to provide support and input as may be needed regarding this discussion.

FISCAL IMPACT:

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Fiscal impact is unknown at this time. The fiscal impact cannot be known until a successor franchise agreement is reached via either path forward.

RELATIONSHIP TO STRATEGIC PLAN:

Providing direction to staff regarding procurement of the next solid waste hauler contract is consistent with Strategic Plan Goal No. 3 - Economic Development & 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

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City Council

STAFF REPORT
Date: June 7, 2023 Agenda Item:

6.B.

To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:

Rate Adjustments Proposed by Waste Management of the Inland Empire for Fiscal Year (FY) 2023-24.

RECOMMENDATION:

Adopt Resolution No. 2023-31, approving adjustments to trash service fees as a result of Waste Management Cost of Living and Pass-through Adjustments for FY 2023-24.

SUMMARY:

The existing ten-year Franchise Agreement provides that Waste Management is entitled to receive rate adjustments for inflation (based on the Consumer Price Index) and “pass through” disposal cost increases. This proposed rate adjustments include an increases on all service components, based on multiple factors including the annual Consumer Price Index (CPI) for January 2023 and pass-through disposal costs from outside vendors. In accordance with the agreement, Waste Management is requesting passthrough disposal costs in solid waste disposal, green waste, and manure along with CPI adjustments to other service components. Under the Agreement, the City is required to not unreasonably withhold rate adjustments. Any disputes, including the withholding of rate adjustments, are to be resolved before a third party neutral Hearing Officer.

BACKGROUND:

The current Franchise Agreement between the City and Waste Management of the Inland Empire was executed on May 7, 2014 and became effective July 1, 2014. The ten -year term of the Agreement will expire in the year 2024. The Agreement provides that the franchisee is entitled to adjust rates on an annual basis to cover increased costs due to inflation based on increases in the CPI and “pass-through” costs incurred by the franchisee for disposal of the solid waste.

Waste Management submitted its original proposed rate adjustments on March 1, 2023 and provided an amended rate adjustment on Mary 31, 2023 reducing the green waste and organic disposal rates (Exhibit A). The Adjustments include the proposed rates for

Page 494 of 705 ends

Residential and Commercial services. The franchise fee rate is not increasing. Pass through rates are as follows:
• Solid Waste Disposal Cost - Riverside County tipping fee will increase by 7.3% effective July 1, 2023. This means the per ton rate will increase from $46.35 to $49.75 (Exhibit A). The County has provided a preliminary solid waste disposal rate; should the rate change once the County's resolution confirming the approved disposal rate is issued, the rate adjustment will be revised accordingly. • Green Waste and Organic Disposal Cost – Effective July 1, 2023, the green waste/organics processing fee will be $91.88 per ton or a 7.8% increase. As of January 2020, the City’s green waste and organic waste is being processed by Waste Management’s South Valley Composting (SVC) facility in Tulare, CA (Exhibit A).
• The manure disposal component of the rates for FY 2023-24 will increase from $26.70 to $27.00 (Exhibit B), an increase of 1.1%.

Residential Rate
The current residential rate would increase from $34.86 to 37.51, or 7.6%. The residential rate is for the weekly collection of trash, green waste and recycling. Manure collection and disposal service is considered an extra service offering.

Manure Rate
The current residential rate for a 95 gallon manure cart (once a week pickup) would increase 5.1% from $38.93 to $40.91 and a 2-cubic yard manure bin (once a week pickup) would increase 4.8% from $139.13 to 145.82.

Scout Fees
Scout fees are increasing 7.5% from $49.82 to 53.56 for a 2-cubic yard bin (once a week pickup).

It is the City Attorney’s opinion that this proposed rate adjustment does not trigger Proposition 218 Protest Hearing Provisions as the existing agreement provides that the Franchisee is entitled to adjust rates on an annual basis to cover increased costs due to inflation based on increases in the CPI and pass through disposal costs. Therefore, staff is recommending approval of the proposed rates. The new rates will become effective on July 1, 2023.

FISCAL IMPACT:

The approved solid waste rates are calculated to recover the cost of providing solid waste services to each commercial and residential customer class. These services are provided by Waste Management under contract with the City. While the franchise fee rate will remain unchanged at 17.90%, the rate increase will result in additional franchise fee revenue of approximately $76,000 to the City's General Fund.

RELATIONSHIP TO STRATEGIC PLAN:

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The Waste Management Rate Adjustments are consistent with Strategic Direction No. 4 - Communication and Stakeholder Experience: Enhance the stakeholder experience, engage the community, and build brand awareness through proactive, effective and consistent communication.

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):

Exhibit A
Exhibit B
Resolution No. 2023-31

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▪
▪
▪
▪
Exhibit "A"

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February 8, 2023
Glenda Chavez
17130 Hellman Ave. Corona., CA 92880
Phone (909) 597-7232 • FAX (909) 597-6473
E-mail: [email protected]
Waste Management of the Inland Empire
800 S. Temescal Street
Corona, CA 92879
Dear Glenda,
It's been a pleasure servicing Waste Management these past years. Thank you so much for the opportunity to recycle Norco's horse manure
The cost of living, fuel, equipment, worker's compensation, health insurances, and permits have all increased. Fuel rates have declined, but are still well above the average from 1 - 2 years ago. California minimum wage has increased this year, forcing us to increase hourly wages. Due to these increased costs, we are forced to raise the disposal rate by $0.30.

The new rate, effective July 1, 2023 is as follows:

Current Rate New Rate (7/1/2023)
Manure Waste ............. $26.70 per ton $27.00 per ton As always, we are committed to providing Waste Management with excellent recycling services and look forward to our continued business together.

Sincerely,
Henry S.

President
Exhibit "B"

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RESOLUTION NO. 2023-31

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

CALIFORNIA, AMENDING THE AGREEMENT BETWEEN THE CITY OF
NORCO AND USA WASTE OF CALIFORNIA, INC. DBA WASTE

MANAGEMENT OF THE INLAND EMPIRE FOR THE COLLECTION,

TRANSPORTATION, RECYCLING, AND DISPOSAL OF SOLID WASTE AND

APPROVING RATES THEREFOR
WHEREAS, the City’s franchise agreement with USA Waste of California, Inc., DBA Waste Management of the Inland Empire, (“Waste Management”) provides for an annual adjustment of rates based on annual changes in the Consumer Price Index (CPI) and disposal “pass-through” costs; and
WHEREAS, Waste Management has completed a review of the cost components of the contracted rates; and
WHEREAS, the CPI increased 7.3% percent annually from January 2022 to January 2023; and
WHEREAS, this CPI percentage increase will be applied to all service components and ancillary charges in the current rate; and
WHEREAS, Waste Management has provided the City with documentation that the tipping fees for trash (County), manure (Viramontes), has also increased and the disposal component of the rates will be adjusted accordingly.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Norco, California, does hereby resolve as follows:

SECTION 1. Effective July 1, 2023, the single-family Residential Services Basic rate shall be $37.51 per month per unit. One 95/96-gallon wheeled cart for Green Waste, one 95/96-gallon cart for Trash and one 95/96-gallon cart for Recycle will be provided and picked up once per week.

Income qualified senior citizens, age 62 or older, may apply to the City for a reduced residential service Income Qualified Senior Rate at $30.35 per month. To be eligible for the reduced rate, the annual gross household income for the preceding year must fall within the “Very Low” income category as established by the State of California Department of Housing and Community Development.

Residential Services Manure Collection rate shall be $40.91. One 95/96-gallon wheeled cart will be provided and picked up once per week.

SECTION 2. Effective July 1, 2023 residential and commercial service rates shall be as shown on attached Attachment A.

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Resolution No. 2023-31 - Waste Management Rates Adjustments

Page 2 ends

June 7, 2023
SECTION 3: Effective July 1, 2023, the Scout Service fee rate will be $53.56.

PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on June 7, 2023.

Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:

Dana Roa, CMC, City Clerk
City of Norco, California
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on June 7, 2023 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 June 7, 2023.

Dana Roa, CMC, City Clerk
City of Norco, California
Attachment: Attachment A – Approved Rates

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Current Fee
7-1-22
Proposed Fee
7-1-23
Current Fee
7-1-22
Proposed Fee
7-1-23
Basic Service Manure Service
Residential Curbside * 34.86 37.51 95-96 gal cart 1x week 38.93 40.91 Senior/Low Income-95-96 gal 28.19 30.35 2 yard 1x week 139.13 145.82 Senior/Low Income-64 gal 24.13 25.96 2 yard 2x week 254.99 266.61 *Multi Units-residential rate x's number of units 2 yard 3x week 370.82 387.37 2 yard 4x week 486.65 508.13
Other Residential Services 2 yard 5x week 602.49 628.91 Cart Exchange (over 1 per year) ¹ 20.87 22.43 Every Other Week 85.10 89.61 Bin Exchange (over 1 per year) ¹ 63.73 68.52 Extra P/U 52.96 56.07 Recycle Contamination Fee 85.00 91.39
Curbside E Waste Pick Up - Per Item 32.67 35.12
Extra 95-96 or 64 gal Trash Cart 10.22 10.99 Residential Scout Service Extra 95-96 or 64 gal Greenwaste Cart 6.63 7.12 2 yard 1x week 49.82 53.56 Extra 95-96 or 64 gal Recycling Cart 3.20 3.44 2 yard 2x week 99.64 107.13 Bulky Waste Pick Up
(over 3 free per year) 29.64 31.86 2 yard 3x week 149.45 160.69 New Service Set Up Fee and Cart Delivery 13.65 14.68 2 yard 4x week 199.27 214.25 Extra Bag Pick-UP 4.48 4.81 2 yard 5x week 249.09 267.82 Residential Return Service* 4.48 4.81 Every Other Week 24.91 26.78 *per cart, after 3 confirmed incidents per quarter Extra P/U 49.82 53.56 Cart Delivery Fee(per trip)** 9.18 9.86
** For additional carts requested after acct. set up
Temp Rolloff C & D + Processing 370.42 398.27
Open Top with 5.9 tons p/ load 649.96 698.83
Compactor with 8 tons p/ load 926.69 996.35 Commercial Scout Services Open Top with 5.9 tons p/ load hard to
handle 737.15 792.56
Bin Scout Service
(p/month p/bin p/service) 48.54 52.19
Compactor with 8 tons p/ load hard to
handle 1,045.31 1,123.90 Commercial Cart Service
Manure or Greenwaste Bin- 7 or 10 yards
(Haul + disposal @ actual cost) 314.98 338.66 2-64 Gal Carts per week max.

Delivery/Relocation/Trip Fee 99.18 106.63 Trash and/or Recycle 41.21 44.31 New Roll-Off Set Up Fee 34.79 37.40 95-96 Gal Recycle 1x week 23.92 25.72 Extra 95-96 Gal Recycle 1x week
(max 2 extra carts) 3.21 3.45
Trash Service-Commercial
2 yard 1x week 135.82 146.03 3 yard 1x week 187.10 201.16 2 yard 2x week 271.65 292.07 3 yard 2x week 374.20 402.33 2 yard 3x week 407.47 438.10 3 yard 3x week 561.30 603.49 2 yard 4x week 543.30 584.14 3 yard 4x week 748.39 804.65 2 yard 5x week 679.12 730.17 3 yard 5x week 935.46 1,005.79 2 yard 6x week 814.94 876.21 3 yard 6x week 1,122.55 1,206.94 Extra P/U 59.34 63.80 Extra P/U 83.63 89.92
4 yard 1x week 249.47 268.22 6 yard 1x week 340.69 366.30 4 yard 2x week 498.93 536.44 6 yard 2x week 681.42 732.65 4 yard 3x week 748.40 804.66 6 yard 3x week 1,022.13 1,098.97 4 yard 4x week 997.86 1,072.88 6 yard 4x week 1,362.83 1,465.28 4 yard 5x week 1,247.33 1,341.10 6 yard 5x week 1,703.52 1,831.59 4 yard 6x week 1,496.79 1,609.32 6 yard 6x week 2,044.25 2,197.93 Extra P/U 111.51 119.89 Extra P/U 156.55 168.32
Roll-Off Service
Commercial Service
Residential Service
Attachment A Page 502 of 705
Compactors
Current Fee
7-1-22
Proposed Fee
7-1-23
Current Fee
7-1-22
Proposed Fee
7-1-23
2 yard 1x week 271.16 291.55 3 yard 1x week 382.04 410.76 2 yard 2x week 536.39 576.71 3 yard 2x week 752.05 808.59 2 yard 3x week 820.84 882.55 3 yard 3x week 1,128.08 1,212.89 2 yard 4x week 1,084.64 1,166.18 3 yard 4x week 1,504.11 1,617.18 2 yard 5x week 1,355.80 1,457.73 3 yard 5x week 1,890.68 2,032.82 2 yard 6x week 1,626.96 1,749.27 3 yard 6x week 2,256.16 2,425.77 Extra P/U 178.01 191.39 Extra P/U 250.90 269.76
4 yard 1x week 509.39 547.69 6 yard 1x week 553.40 595.00 4 yard 2x week 1,002.74 1,078.12 6 yard 2x week 1,099.33 1,181.98 4 yard 3x week 1,504.11 1,617.18 6 yard 3x week 1,649.03 1,773.00 4 yard 4x week 2,005.48 2,156.24 6 yard 4x week 2,198.69 2,363.98 4 yard 5x week 2,520.91 2,710.42 6 yard 5x week 2,748.35 2,954.97 4 yard 6x week 3,008.21 3,234.36 6 yard 6x week 3,298.04 3,545.98 Extra P/U 334.54 359.68 Extra P/U 469.64 504.95
Recycle Service
2 yard 1x week 87.14 93.69 3 yard 1x week 116.11 124.84 2 yard 2x week 174.27 187.37 3 yard 2x week 232.10 249.55 2 yard 3x week 261.41 281.06 3 yard 3x week 348.25 374.43 2 yard 4x week 348.55 374.75 3 yard 4x week 464.47 499.38 2 yard 5x week 435.69 468.44 3 yard 5x week 580.48 624.12 2 yard 6x week 522.82 562.12 3 yard 6x week 694.56 746.77 Extra P/U 49.66 53.40 Extra P/U 69.23 74.43
4 yard 1x week 154.80 166.44 6 yard 1x week 201.51 216.65 4 yard 2x week 309.60 332.87 6 yard 2x week 403.26 433.58 4 yard 3x week 464.41 499.33 6 yard 3x week 604.78 650.25 4 yard 4x week 619.21 665.76 6 yard 4x week 806.44 867.06 4 yard 5x week 774.01 832.20 6 yard 5x week 999.37 1,074.50 4 yard 6x week 928.81 998.63 6 yard 6x week 1,214.96 1,306.29 Extra P/U 92.30 99.24 Extra P/U 127.91 137.53
Other Commercial Services
Temp Bin Service 3 yd 296.39 318.68 Organic Waste
Temp Bin Service 3 yd 1 p/u (3 days) 145.79 156.75 64 Gal Cart 1x week 51.19 55.16 Bin Overage Fee/Snapshot Fee (per bin) 86.31 92.80 64 Gal Cart 2x week 102.37 110.31 64 Gal Cart 3x week 153.56 165.48
Locked Lid 19.45 20.91 64 Gal Cart 4x week 204.75 220.64 New Commercial Set Up Fee 34.79 37.40 64 Gal Cart 5x week 255.93 275.79 Bin Exchange (over 1 per year) 63.73 68.52 64 Gal Cart 6x week 307.12 330.95 Recycle Contamination Fee 85.00 91.39 Extra P/U 11.82 12.74 Pull Out Fee 16-35 feet 16.70 17.95 Additional 64 Gal cart (per cart) 45.55 49.09 Pull Out Fee 36-50 feet 27.83 29.92
Pull Out Fee over 50 feet 38.96 41.89 2 yard 1x week 284.05 306.18 Industrial-Open top per haul 2 yard 2x week 568.10 612.37 Varies based on weight 2 yard 3x week 852.19 918.60
2 yard 4x week 1,136.24 1,224.78
2 yard 5x week 1,420.28 1,530.97
2 yard 6x week 1,704.35 1,837.17
Extra P/U 65.60 70.71
AB 1826, Mantatory Commercial
Organics Recycling

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City Council

STAFF REPORT
Date: June 7, 2023 Agenda Item:

6.C.

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

Annual Review on Accessory Building Regulations of the Norco Municipal Code Chapter

18.68 “Accessory Building Use Permits"
RECOMMENDATION:

Concur with the Planning Commission recommendations in response to the annual review of Norco Municipal Code (NMC) Chapter 18.68 "Accessory Building Use Permits".

SUMMARY:

In 2017, Chapter 18.68 – “Accessory Building Use Permits” was adopted into the Norco Municipal Code (NMC), establishing an application and review process (Planning Commission approval is required), and establishing regulations for accessory buildings on properties zoned for residential uses. Review of the adopted regulations is required to update the regulations as needed based on implementation issues. This item was originally on the City Council consent calendar for May 3, 2023, but was pulled for discussion at a next available meeting.

BACKGROUND:

Review of the Accessory Building Municipal Code (Chapter 18.68) has been occurring every year since its adoption in 2017, and revisions have occurred in response to any matters/challenges that have surfaced along the way.

Attached for the City Council's review is a copy of the NMC Chapter 18.68 (Exhibit "A"), which has been updated/amended following its adoption in 2017. The first revision in 2018 changed the mailing radius boundary to be 300 feet or to the distance needed to reach at least 25 property owners, the maximum size of a restroom was set at 50 square feet, and buildings 240 square feet or smaller and not higher than 14 feet were made exempt from having to go to the Planning Commission for review (but still require a building permit if over 120 square feet). In 2019, a revision established the maximum allowed height of an RV garage at 18 feet regardless of the height of the associated residential structure. In addition, the definition for the building height was revised to read, “Building height is the

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vertical distance measured from finished floor to the highest point of the roof measured from the front (primary entry whether for vehicle or person) of the building.” There were no changes in 2020, 2021 or 2022.

Review of the ordinance on a yearly basis typically consists of: a list of accessory buildings approved in a prior year, and a discussion on any issues resulting from the ordinance that may warrant amendments.

Approved Accessory Buildings in 2022:

The following accessory buildings were approved in 2022:

CASE NO.

TYPE:

Large Vehicle; Large Animal;
Other

OUTCOME
Site Plan 2022-02 Large Vehicle Approved (8/10/22)
Site Plan 2022-03 Large Vehicle Approved (5/11/22)
Site Plan 2022-04 Large Animal Approved (5/11/22)
Site Plan 2022-05 Large Vehicle Approved (5/11/22)
Site Plan 2022-07 Large Vehicle Approved (9/14/22)
Site Plan 2022-08 Large Animal Approved (7/13/22)
Site Plan 2022-10 Large Vehicle Approved (9/14/22)
Site Plan 2022-11 Large Vehicle Approved (8/10/22)
Site Plan 2022-14 Large Vehicle Approved (10/12/22)
The last review on the subject Municipal Code was in April 2022, where there was discussion on concerns brought on by property owners relating to size restrictions, graduated setback restrictions, the cost to process an application, etc., however, both Planning Commission and City Council agreed that no changes to the Municipal Code were warranted at that time.

For 2023, the following issues were discussed with the Planning Commission Meeting of March 8, 2023, as a part of the annual review of the Accessory Building code:
• Large Vehicle Buildings: The Planning Commission requested clarification on the intended design behind allowing a Large Vehicle Parking Building (Recreational and Agricultural Vehicles - Section 18.68.20) with:
• a maximum wall height of 16 feet, maximum overall height of 18 feet to the peak, and a maximum allowed size of 1,000 square feet, and • allowing an additional 400 square feet (for other uses) with a maximum wall height of 8 feet, maximum overall building height of 14 feet (total combined square feet of 1,400 square feet).

The design that was envisioned with this provision was a large 1,000 square-foot building with an attached 400 square foot "lean to" building on one side. However, this specific design was not codified. Creative designs have been presented and approved in the past where the allowed 1,000 square-foot building is not entirely at 18 feet tall, but that varies in height all the way down to 10-14 feet. The lower height sometimes gives the appearance that the additional 400 square feet provision is exceeded, however, the total allowed square footage of 1,400 is not; Exhibit "B"

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provides examples of creative designs that were presented at the Planning Commission on March 8, 2023. One of the primary reasons for adopting the subject ordinance was to limit the size of large obtrusive buildings. Staff recommended that creative designs that actually lower the height of the building below 18 feet be encouraged, provided the overall allowed square footage is not exceeded. The Planning Commission agreed that creative building designs are fine as long as they meet the established criteria. To clarify this allowance, they agreed that a code amendment was necessary to Section 18.68.20 so that the additional 400 squarefoot allowance is not interpreted to only allow an attached "lean to" building. • Storage containers. There is provision in Chapter 15.02 "Building Code" of the NMC for use of metal storage/cargo containers for accessory buildings with the approval of a Conditional use permit (CUP), and are subject to the zoning criteria as they pertain to accessory buildings. By default, the criteria that would be applied is the criteria found in Chapter 18.68. In this chapter, buildings 240 square feet or smaller and not higher than 14 feet are exempt from having to go to the Planning Commission for review, but still require a building permit if over 120 square feet.

However, this does not currently apply to cargo containers since the more restrictive requirement of a CUP applies. Realizing the convenience of these air tight containers for items such as tack and feed storage, staff recommended that the code be amended to also exempt residential cargo containers from the requirement of a CUP and Planning Commission review, but still require a building permit, provided they are 240 square feet or smaller, no taller then 10 feet, include architectural articulation, and that only one cargo container be allowed for every half acre (or as determined necessary), with a maximum of 4 on any given property. Larger containers would still require the discretionary approval of a CUP.

The Planning Commission agreed with staff's recommendation that the code be amended to exempt residential cargo containers from the requirement of a CUP and Planning Commission review, but still require a building permit. Further discussion on the design criteria and how many, would be when a formal code amendment is brought forward.

The recommendations provided above are part of the required annual review of the Accessory Building Code "Chapter 18.68". Formal amendments to the NMC will follow based on recommendations noted above per the required annual review.

FISCAL IMPACT:

Not applicable for this item.

RELATIONSHIP TO STRATEGIC PLAN:

REVIEWED AND APPROVED BY:

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

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Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):

Exhibit A
Exhibit B

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Norco Municipal Code
Chapter 18.68 ACCESSORY BUILDING USE PERMITS

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

Chapter 18.68

ACCESSORY BUILDING USE PERMITS
Sections:

18.68.02 Intent and Purpose.

18.68.04 Initiation.

18.68.06 Application.

18.68.08 Investigation of Application for an Accessory Building Use Permit.

18.68.10 Concurrent Procedures.

18.68.12 Public Noticing on Application for Accessory Building Use Permit.

18.68.14 Conditions Necessary to Granting an Accessory Building Use Permit.

18.68.16 Conditions of Approval.

18.68.18 Force of Conditions of Approval.

18.68.20 Size, Layout, and Design of Accessory Buildings.

18.68.22 Variance from Allowed Sizes.

18.68.24 Appeals of Actions Taken on an Accessory Building Use Permit Application.

18.68.26 Administration of Accessory Building Use Permits.

18.68.28 Reapplication for Accessory Building Use Permit.

18.68.30 Revocation and Expiration of Accessory Building Use Permit.

18.68.32 Biannual Review of Accessory Building Regulations.

18.68.34 Training for Implementation of Accessory Building Regulations.

18.68.02 Intent and Purpose.

It is hereby found and declared that the City of Norco lies in a natural setting of rural, scenic and historical beauty; that this rural environment generates a strong characteristic for development of Norco as a new equestrian focal point in Southern California; that this unique rural environment and historically significant location contribute a material economic advantage to the citizens, business, and industry within the City and particularly to the property owners who reside therein; and that development in an orderly manner with compatible uses and appearances of structures within and between zones and with the natural rural environment is necessary to maintain such historic and economic advantage, to stabilize, protect, and maintain property values, and to encourage permanence of desirable residential areas.

The purpose of the accessory building use permit is to review the location, architectural design, and/or conduct of certain land uses associated with accessory buildings in residential and agricultural zones. Accessory buildings and their associated uses can have a unique and distinct impact on the area and surrounding properties in which they are located, and thus require special review and conditions as needed. An accessory building use permit may be granted at the discretion of the Planning Commission, or City Council on appeal, whichever is the approving body, and is not the automatic right of any applicant.

Accessory buildings that are 240 square feet or smaller and not higher than 14 feet are exempt from having to be reviewed by the Planning Commission prior to the issuance of a building permit. (Ord. 1030 Sec. 1, 2018; Ord. 1019 Sec. 1, 2017)

18.68.04 Initiation.

An accessory building use permit may be initiated by the owner or owners (or their authorized agents) of property in the City, only where the proposed use is specifically authorized by the zoning that applies to the subject property. (Ord. 1019 Sec. 1, 2017)

18.68.06 Application.

Application for an accessory building use permit shall be made on a form provided by the Planning Department, and shall be accompanied by the following:

EXHIBIT "A"

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Norco Municipal Code
Chapter 18.68 ACCESSORY BUILDING USE PERMITS

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The Norco Municipal Code is current through Ordinance 1076, passed November 17, 2021. (1) The name and address of the applicant; evidence that the applicant is the owner of the parcel or premises involved, or that there is permission from the owner to make such application, including a legal description of the subject parcel or premises.
(2) An application fee to assist in defraying the expense of postage, posting, advertising, and other costs of labor and materials incidental to the proceedings prescribed herein. This fee shall be in accord with a schedule established by resolution of the City Council and shall be nonrefundable. (3) Nine copies of a site plan, containing all the information required by Section 18.40.08 (Content of a Site Plan) using the terms and criteria of said chapter as modified in the accessory building use permit review application.
(4) Such other information as the Planning Commission or City Council may require, that could include, but not limited to, engineering studies for grading and drainage, architectural plans for consistency with the primary dwelling, etc.
(5) Responsibility for Accuracy. The applicant shall be solely responsible for the accuracy of information submitted as part of their application. Submission of inaccurate plans, legal descriptions, application requirements, and other information may be cause for invalidation of all actions regarding this petition. (6) Such applications shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the City, and there shall be attached to each such application copies of all reports, notices and actions pertaining thereto. (Ord. 1019 Sec. 1, 2017)

18.68.08 Investigation of Application for an Accessory Building Use Permit.

The Commission shall cause to be made such investigation of facts bearing on the application for an accessory building use permit as will provide necessary information to ensure that the action on each such application is consistent with the intent and purpose of this chapter. (Ord. 1019 Sec. 1, 2017)

18.68.10 Concurrent Procedures.

In considering the accessory building use permit application, the Commission, and Council on appeal, shall review the proposed plans pursuant to Chapter 18.40 (Site Plan Review), using the terms and criteria of said chapter as modified in the accessory building use permit review application. (Ord. 1019 Sec. 1, 2017)

18.68.12 Public Noticing on Application for Accessory Building Use Permit.

Not less than 10 days prior to the decision date by the Planning Commission (or the City Council on appeal), the City shall mail notices of the proposed accessory building use to all property owners as shown on the last equalized assessment rolls within a 300-foot radius, or to the radius needed to reach 25 properties, of the property boundaries of the proposed accessory building site. Appeals on the accessory building use permit application shall be noticed similarly. (Ord. 1030 Sec. 1, 2018; Ord. 1019 Sec. 1, 2017)

18.68.14 Conditions Necessary to Granting an Accessory Building Use Permit.

Before an accessory building use permit may be granted the approving body shall make a finding from the evidence as submitted, that the following conditions exist in reference to the property being considered:
(1) The requested accessory building use permit is consistent with the General Plan and zoning requirements of the zone in which the property in question is located including the protection of adequate open animal areas on lots where the keeping of large animals is permitted.
(2) The requested accessory building use permit will not have an adverse effect on the public convenience or general welfare of persons residing or working in the neighborhood thereof and will not adversely affect adjoining land uses including runoff and drainage impacts and architectural compatibility. (Ord. 1019 Sec. 1, 2017)

18.68.16 Conditions of Approval.

In the granting of an accessory building use permit conditions may be included to which the building or the lot or parcel where it is approved may be used, or the building constructed or altered, with requirements that can include but not be limited to use, architecture, height of building, open spaces, on-site parking and access areas, and

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Norco Municipal Code
Chapter 18.68 ACCESSORY BUILDING USE PERMITS

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The Norco Municipal Code is current through Ordinance 1076, passed November 17, 2021. conditions of operation that the approving body may consider necessary to prevent damage or prejudice to adjacent properties, and/or detriment to the welfare of the community. (Ord. 1019 Sec. 1, 2017)

18.68.18 Force of Conditions of Approval.

Any restrictions or conditions required by the approving body or other approving body on appeal in the granting of an accessory building use permit under the provisions of this chapter must be complied with. If such conditions or requirements are not met, the Planning Commission shall hold a hearing in the manner as set forth in Chapter 18.46 (Revocation and Expiration of Permits and Variances).
(1) Upon revocation, further use or maintenance of the building authorized by the accessory building use permit shall constitute a violation of this chapter. (Ord. 1019 Sec. 1, 2017)

18.68.20 Size, Layout, and Design of Accessory Buildings. (1) Large Vehicle Parking Building (Recreational and Agricultural Vehicles). (a) Maximum height: 16 feet at roof eave with the same or lesser roof pitch as the primary dwelling. The maximum allowed height at the peak shall be 18 feet.
(b) Maximum allowed size: 1,000 square feet.

Additional allowed square footage for other accessory building use:

Size: 400 square feet at the following maximum allowed heights.

Height: Maximum height at eave: eight feet; maximum building height: 14 feet. (c) Maximum allowed lot coverage: cannot exceed the maximum allowed lot coverage for all buildings that require a building permit, including all accessory buildings, based on the underlying zone of the property in question.
(d) All portions of a proposed accessory building shall meet the graduated setback requirement based on the height of any portion of the building per Exhibit 18.68.20-1 (Graduated Setback Requirement). Accessory buildings on lots that have a recorded primary animal-keeping area (PAKA) are not subject to this setback requirement. (e) The maximum allowed size for a washroom/restroom is 50 square feet consisting only of a one-basin sink and toilet.
(f) Any side of a building that exceeds 20 feet in length shall be required to include doors and/or windows for articulation.
(g) No interior wall separations are allowed with the exception of the washroom/restroom. (h) Exterior wall finishes shall include materials, style, and colors of the primary dwelling (e.g., brick, siding, stucco, etc.); or can consist of materials, features, and colors typical of a barn vernacular, for approval by the Architectural Review Subcommittee (ARC) pursuant to the requirements of Chapter 18.41 (Architectural Review) prior to proceeding to the Planning Commission for its review. (i) A five-foot buffer shall be maintained around the required open animal area where the open animal area is adjacent to a property line or an existing or proposed structure. (j) For any RV dump, interior floor drainage, and/or restroom proposed with an accessory building on a property that is on a septic system, the applicant shall provide a septic system analysis by a septic system engineer that the existing system can accommodate the proposed additional capacity. If the existing system cannot support the additional capacity then the proposed building cannot include an RV dump, interior floor drainage, or restroom without prior connection (including fees) to the City sewer system. (2) Animal-Keeping Shelters for Large Animals (Animals Counted as an “Animal Unit”).

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Norco Municipal Code
Chapter 18.68 ACCESSORY BUILDING USE PERMITS

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The Norco Municipal Code is current through Ordinance 1076, passed November 17, 2021. (a) Maximum height: 10 feet at roof eave with the same or lesser roof pitch as the primary dwelling. The maximum allowed height at the peak shall be 18 feet.
(b) Maximum allowed size: equal to the allowed number of animal units (AUs) on the subject property multiplied by 225 square feet, plus an additional 225 square feet for every five AUs allowed for tack and feed storage.
(c) Maximum allowed lot coverage: cannot exceed the maximum allowed lot coverage for all buildings that require a building permit, including all accessory buildings, based on the underlying zone of the property in question.
(d) All portions of a proposed accessory building shall meet the graduated setback requirement based on the height of any portion of the building per Exhibit 18.68.20-1 (Graduated Setback Requirement). Accessory buildings on lots that have a recorded primary animal-keeping area (PAKA) are not subject to this setback requirement. (e) The maximum allowed size for a washroom/restroom is 50 square feet consisting only of a one-basin sink and toilet.
(f) Any side of a building that exceeds 20 feet in length shall be required to include doors and/or windows for function.
(g) The only allowed interior wall separations are for stall enclosures, the separate tack and feed rooms, and for the washroom/restroom.
(h) No roll-up garage doors are allowed.
(i) Buildings shall include open ventilation areas and any windows that are below eight feet measured from the floor to the bottom of the window frame shall not include glass, acrylic, or other type of window pane/cover that can shatter.
(j) There shall be no electrical outlets within wall enclosures to keep animals. Any outlets shall only be located in a breezeway, tack or feed room, or in the washroom/restroom. Interior lights shall only be located on the ceiling or hanging not lower than 10 feet measured from the floor. (k) For any interior floor drainage and/or restroom proposed with an accessory building on a property that is on a septic system, the applicant shall provide a septic system analysis by a septic system engineer that the existing system can accommodate the proposed additional capacity. If the existing system cannot support the additional capacity then the proposed building cannot include interior floor drainage or a restroom without prior connection (including fees) to the City sewer system.
(3) All Other Accessory Buildings (Includes Animal-Keeping Shelters for Small Animals). (a) Maximum height: eight feet at roof eave with the same or lesser roof pitch as the primary dwelling. The maximum allowed height at the building peak is 14 feet. (b) Maximum allowed size: the lesser of 864 square feet or one-third the square footage of the primary dwelling footprint.
(c) Maximum allowed lot coverage: cannot exceed the maximum allowed lot coverage for all buildings that require a building permit, including all accessory buildings, based on the underlying zone of the property in question.
(d) All portions of a proposed accessory building shall meet the graduated setback requirement based on the height of any portion of the building per Exhibit 18.68.20-1 (Graduated Setback Requirement). Accessory buildings on lots that have a recorded primary animal-keeping area (PAKA) are not subject to this setback requirement. (e) The maximum allowed size for a washroom/restroom is 50 square feet consisting only of a one-basin sink and toilet.

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Norco Municipal Code
Chapter 18.68 ACCESSORY BUILDING USE PERMITS

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The Norco Municipal Code is current through Ordinance 1076, passed November 17, 2021. (f) Any side of a building that exceeds 20 feet in length shall be required to include doors and/or windows for articulation.
(g) No interior wall separations are allowed with the exception of the washroom/restroom. (h) Exterior wall finishes shall include materials, style, and colors of the primary dwelling (e.g., brick, siding, stucco, etc.); or can consist of materials, features, and colors typical of a barn vernacular, for approval by the Architectural Review Subcommittee (ARC) pursuant to the requirements of Chapter 18.41 (Architectural Review) prior to proceeding to the Planning Commission for its review. (i) A five-foot buffer shall be maintained around the required open animal area where the open animal area is adjacent to a property line or an existing or proposed structure. (j) For any interior floor drainage and/or restroom proposed with an accessory building on a property that is on a septic system, the applicant shall provide a septic system analysis by a septic system engineer that the existing system can accommodate the proposed additional capacity. If the existing system cannot support the additional capacity then the proposed building cannot include interior floor drainage or a restroom without prior connection (including fees) to the City sewer system.

Exhibit 18.68.20-1, Graduated Setback Requirement
(Ord. 1052 Sec. 1, 2019; Ord. 1030 Sec. 1, 2018; Ord. 1019 Sec. 1, 2017)

18.68.22 Variance from Allowed Sizes.

Notwithstanding whether the proposed structure is equal to or less than the maximum square footage, all findings contained in Section 18.68.14 must be made. Any proposed structure larger than the maximum allowed may only be requested as a variance pursuant to Chapter 18.44 and the findings required by Section 18.44.16 must be made; that is, because of special circumstances, applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the provisions of Section 18.68.20 deprive the property of privileges enjoyed by other properties in the vicinity and under identical zoning classification. (Ord. 1019 Sec. 1, 2017)

18.68.24 Appeals of Actions Taken on an Accessory Building Use Permit Application.

Any appeals on the actions taken regarding an accessory building use permit application shall be held and governed by the provisions of Chapter 18.43 (Hearings and Appeals Therefrom). (Ord. 1019 Sec. 1, 2017)

18.68.26 Administration of Accessory Building Use Permits. (1) All acts under this section shall be construed as administrative acts performed for the purpose of assuring that the intent and purpose of this chapter shall apply in special cases, as provided in this section, and shall not be construed as amendments to the provisions of this chapter or map.

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Norco Municipal Code
Chapter 18.68 ACCESSORY BUILDING USE PERMITS

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The Norco Municipal Code is current through Ordinance 1076, passed November 17, 2021. (2) The site plan submitted with an application, together with the conditions, if any required by the approving body, shall be kept on file in the office of the Planning Director and shall be referred to prior to issuing a building permit. Where there is a substantial change from the original site plan, said plan shall be referred to the approving body for action under the procedures of this chapter. No modifications to the conditions of the original approval granting the accessory building use permit shall be permitted without approval of the original approving body. In case of such a review, a new application, filing fee and procedure may be required. (3) A copy of the approved site plan, together with the conditions, if any required by the approving body, shall be recorded with the Riverside County Recorder’s Office prior to the issuance of a building permit. (4) All accessory buildings approved with an accessory building use permit shall be subject to immediate inspection by City officials upon a 24-hour notice to the resident to ensure that no unauthorized use or code violation is occurring pursuant to the approved permit. The request by City officials for immediate inspection shall only be instigated from valid complaints where evidence suggests that a violation may be occurring. (5) The storage of equipment and/or chemicals shall not be more than what is determined to be a safe level for legal residential use pursuant to applicable State and County regulations. (Ord. 1019 Sec. 1, 2017)

18.68.28 Reapplication for Accessory Building Use Permit.

The City shall not accept for filing nor consider any application for an accessory building use permit on premises for which a similar accessory building use permit application was denied by the City, irrespective of who the applicants are on either application, until 12 consecutive calendar months have expired from the date of the final decision of the City denying the earlier application, unless such final decision was a denial with the grant of the privilege that a similar application may be filed sooner than 12 consecutive months from the date of said decision. (Ord. 1019 Sec. 1, 2017)

18.68.30 Revocation and Expiration of Accessory Building Use Permit.

The provisions of Chapter 18.46 (Revocation and Expiration of Permits and Variances) shall apply. (Ord. 1019 Sec. 1, 2017)

18.68.32 Biannual Review of Accessory Building Regulations.

A biannual review of the adopted regulations shall be scheduled, including the number of accessory building use permits issued during that time period, to update the regulations as needed based on implementation issues. (Ord. 1019 Sec. 1, 2017)

18.68.34 Training for Implementation of Accessory Building Regulations.

Training of staff and decision-makers involved in the review of accessory building regulations shall occur once the adopted regulations become effective, and shall occur thereafter as revisions to the code may occur from the biannual reviews. (Ord. 1019 Sec. 1, 2017)

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AGENDA ITEM 4.B.

Accessory Building
Regulations Review
PLANNING COMMISSION Exhibit B

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City Council

STAFF REPORT
Date: June 7, 2023 Agenda Item:

6.D.

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

Request for a Twelve-Month Extension of Time for Approved Tentative Parcel Map 37939 (Frontier Homes II, LLC)
RECOMMENDATION:

Approve a request for a twelve-month extension to record a final map corresponding with Tentative Parcel Map 37939, with a new expiration date of September 7, 2024.

SUMMARY:

Tentative Parcel Map (TPM) 37939 was approved by the City Council on September 7, 2021, concurrent with the approval of a mixed use commercial and residential development at the Southwest corner of Third Street and Hamner Avenue. Tentative approval was given for 24 months, and is due to expire if the map is not recorded with the County Recorder’s Office by September 7, 2023. The applicant is requesting a 12-month extension of time to record the Final Map. An extension can be considered by the City Council if submitted prior to the expiration date.

BACKGROUND:

On March 1, 2023, the City Council considered the subject request where the City Council did not take action, but continued the item for 90 days. The following background information is being presented once again for the Council's review.

On September 7, 2021, the City Council approved TPM 37939, a request to subdivide approximately 19.1 acres into eight parcels for a mixed-use development (a hotel, food garden and 320 multi-family residential units) on property located within Area D of the Norco Auto Mall Specific Plan, with an underlying Commercial General (C-G) Zone and a Housing Development Overlay (HDO). The Tentative Parcel Map was approved for a two-year period with an expiration date of September 7, 2023 (Exhibits A and B, Location Map and approved Resolution No. 2021-65, respectively).

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Section 17.16.170 of the Norco Municipal Code (“NMC”) and Government Code Section 66452.6(e) authorize a subdivider to apply for an extension of time on an approved tentative map. Government Code Section 66452.6(e) allows a tentative map to be extended for a total of no more than six years. The NMC authorizes the Council to extend a tentative map upon application for an extension “for one year” and new applications may be submitted to request additional one year extensions. Therefore, the extension of time application before the City Council is for the first of six possible one year extensions of time.

Requests for extensions are typically submitted close to the expiration date, due to a delay in meeting the conditions of approval before the expiration date. With regard to the map in question, the conditions of approval are still being pursued for the subject map, and the TPM has three (3) months before it expires. There is no limit in the NMC on how far in advance an extension can be requested, but must be filed no less than 30 days prior to the expiration date.

The requested extension of time must correspond with the subdivision of land approved by the Council on September 7, 2021. It should be noted that an application to replace the hotel with an additional 75 units has been submitted and is currently being processed.

Although the hotel approval is still in place/valid, staff has concerns that replacing the hotel is not consistent with the original intent of subdivision; however, it was not the basis for approval of the map.

The request at hand is an extension of time to record the map. Approval of the extension does not authorize any changes to the lot configuration/subdivision of land, nor does it authorize or address use of the property. Any changes to the map (i.e. lot configuration) and/or conditions, and/or changes to the approved land use entitlements requires a separate approval.

It is staff’s recommendation that the requested extension to record the final map corresponding with Tentative Parcel Map 37939 be approved, based on the following findings:
• The Tentative Map remains consistent with the general plan, all applicable titles of the NMC, policies and standards in place at the time the extension is considered; and
• Circumstances have not substantially changed since the Tentative Map (for the subdivision of land) was originally approved.

FISCAL IMPACT:

Not applicable for this item.

RELATIONSHIP TO STRATEGIC PLAN:

REVIEWED AND APPROVED BY:

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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):

Exhibit A
Exhibit B
Letter - Larson LLP
Email - Erica Vega

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0 2121
2131
2115
Location Map
1951
2399
2391
2381
('l')C"') (")C'l C')I.O o, t-- LO (') ..- m 00 00 00> NNN N N ..- 0 Not to Scale
PROJECT: Extension of time for Tentative PM No. 37939
APPLICANT: Frontier Homes II, LLC
LOCATION: APNs 126-050-002, -004 and 129-380-010
Exhibit ''A''

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RESOLUTION NO. 2021-65

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 37939.

WHEREAS, FRONTIER HOMES 11, LLC (Applicant), submitted an application to the City of Norco, California, for a tentative parcel map under the provisions of Title 17 of the Norco Municipal Code, on property generally described as irregular in shape and consisting of three parcels totaling approximately 19.1 acres acres/832,432 square feet (APNs 126-050-002, 126-050-004 and 129-380-010), located at the southwest corner of Hamner Avenue and Third Street.

WHEREAS, notice of a public hearing on said petition has been given in the manner and for times required by law; and
WHEREAS, at the time set, at 7 p.m. on May 12, 2021 within the Council Chambers at 2820 Clark Avenue, Norco, California, 92860, said petition was heard by the Planning Commission for the City of Norco; and
WHEREAS, at said time and place, said Planning Commission heard and considered both oral and written evidence; and
WHEREAS, said Planning Commission denied Tentative Parcel Map 37939; and WHEREAS, the action of the Planning Commission was appealed to the City Council; and
WHEREAS, said appeal of the subdivision application has been duly submitted to said City's City Council for decision at a public hearing for which proper notice was given; and
WHEREAS, notice of a public hearing on said petition has been given in the manner and for times required by law; and
WHEREAS, at the time set, at 7 p.m. on August 18, 2021 within the Council Chambers at 2820 Clark Avenue, Norco, California, 92860, said petition was heard by the City Council for the City of Norco; and
WHEREAS, at said time and place, said City Council heard and considered both oral and written evidence; and
WHEREAS, after the close of the public hearing and due to the lateness of the time, the City Council continued the matter to September 7, 2021, and

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CC Resolution No. 2021-65, Tentative Parcel Map 37939
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September 7, 2021
WHEREAS, the proposed map depicted on Tentative Parcel Map 37939, and on file with the Planning Division, is consistent with the City's General Plan, and corresponding zoning designation, and meets all regulations regarding subdivisions; and WHEREAS, the City of Norco, acting as the Lead Agency, has determined that the project as mitigated is consistent with the conclusions in the Environmental Impact Report (EIR) prepared for the Norco Valley Square, which this City Council has found was prepared pursuant to the California Environmental Quality Act (Pub. Resources Code § 21000 et seq.) (CEQA), the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and the City of Norco Environmental Guidelines. The City Council, by separate Resolution, has certified the Project's EIR.

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

I. FINDINGS:

A The map is consistent with the Norco General Plan and Area "D" of the Norco Auto Mall Specific Plan, the underlying zoning designation of Commercial-General (C-G) Zone, and the Housing Development Overlay (HOO) Zone. The proposed lots are designed and conditioned to meet all zoning and requirements related to lot area and dimension standards.

B. None of the conditions for mandatory denial as set forth in Subsections (a) through (g) of Section 66474, Article 1, Chapter 4, Division 2, Title 7, of the California Government Code exist with respect to said subdivision.

C. The proposed subdivision together with provisions for its design and improvement is consistent with applicable general plans of the City pursuant to Section 66473.5, Article 1, Chapter 4, Division 2, Title 7, of the California Government Code.

11. DETERMINATION:

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Norco, California, in session assembled on September 7, 2021 does hereby approve Tentative Tract Map 37939 for a period of 24 months, subject to the following conditions:

1. Approval is based on Exhibit "G" Tentative Parcel Map dated February 4, 2021 and incorporated herein by reference and on file with the Planning Division.

Development shall occur as shown unless otherwise noted in these conditions.

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

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

4. The applicant shall pay all applicable fees associated with this proposal and the subdivision of land. Furthermore, the applicant shall pay all development fees in accordance with the NMC prior to approval of the final map.

5. All provisions of Chapters 17 and 18 of the NMC shall be met as it relates to the division of land.

6. The submittal, approval, and recordation of a subdivision map in accordance with the provisions of the State Subdivision Map Act and the City Subdivision Ordinance prior to the issuance of any permits is required.

7. Approval of the tentative map shall expire if the subject map has not been recorded within a two-year period from the date of City Council approval.

8. Extension of the tentative map approval shall only be considered if the applicant filing said map submits a written request for extension to the City Planning Department stating the response for the request, at least 30 days before the map approval is due to expire, pursuant to and in compliance with Section 17 .16.170 of the City Subdivision Ordinance.

9. All lots in the map must meet the minimum lot depth, width, and frontage of the C-G Zone, exclusive of right-of-way dedication, open space easements and equestrian trails.

10. A mutual agreement, in the form of a covenant running with the land and prepared in a form and manner satisfactory to the City Attorney and the Planning Director, shall be recorded between all lots in this tentative parcel map and existing adjacent lots, to ensure reciprocal vehicular and pedestrian access and circulation, vehicular parking, drainage, and utilities in perpetuity, regardless of any existing or future land divisions

11. The applicant must pay off any and all special assessments on the property to be subdivided prior to recordation of the final map. Instead of the payment of said special assessment, the applicant may pay to have the special assessment "split" for each proposed numbered lot through an approved Mello-Roos District or other cost-sharing mechanism.

12. The applicant must obtain written authorization granting permission for any work to be completed on property in which he is not the sole owner. A copy of this

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written authorization must be submitted to the City Engineer's office prior to start of work.

13. All lots within this subdivision shall be served by underground utilities. All utility locations shall be incorporated into the public improvements plans and shall be prepared on standard size sheets by a registered civil engineer for approval by the City Engineer. A plan check deposit based on the latest City Fee Schedule shall be posted prior to checking and standard fees paid prior to plan approval.

14. The applicant shall complete/construct public improvements as conditioned with Site Plan 2020-06.

15. The tentative map shall be approved prior to the issuance of a grading permit and a final map shall be recorded prior to the issuance of a building permit and within 24 months from the date of tentative map approval.

16. A final map shall be prepared on 18" x 24" sheets and approved by the City Engineer prior to recordation. A plan check deposit shall be paid prior to plan check.

17. The applicant shall meet all standards and conditions of the Planning, Fire, Engineering, Building and Safety Departments, and all other applicable departments and agencies.

18. This subdivision of property shall satisfy all conditions of the Subdivision Map Act relating to the "Quimby Act" prior to the recordation of the final map. The applicant shall contact the City of Norco Parks and Recreation Department for payment of required fees. Proof of compliance/payment of required fees shall be required and provided for final recordation of the subject map. #

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Norco City CouncilJune 7, 2023

Norco City Council
June 7, 2023