Agenda, closed session — Norco City Council, September 6, 2023 (part 4 of 4)

DRAFT AGREEMENT.V1 Page 141 of 142
DRAFT 8/31/23
4428 one (1) hour of any breakdown. Such reserve equipment shall correspond in size and 4429 capacity to the equipment used by Contractor to perform Contractor’s duties under this 4430 Agreement.
4431 25.5. Condition of Equipment. All equipment shall be maintained in good mechanical condition, 4432 including brushes and brooms that shall be replaced at regular intervals. Contractor shall 4433 immediately clean any vehicle fluids (hydraulic fluids, lubricating oils, etc.) that leak or 4434 spill from equipment into the street or public right of way. 4435 25.6. Storage. Sweeping equipment shall not be stored in the public right of way unless 4436 mechanical failure prevents immediate removal. In the event of mechanical failure, all 4437 efforts must be made to remove the equipment from the public right of way as soon as 4438 possible. The City must approve any overnight storage in public right of way. Contractor 4439 may enter into optional Storage Agreement with City to store Sweeper equipment at City 4440 facility. In the absence of such Storage Agreement with City, sweeping equipment shall 4441 not be stored on City Property.
4442 25.7. City inspection. All equipment is subject to inspection by the City at any time. 4443 26. Staffing. All Street Sweeper operators shall abide by the requirements set forth in this 4444 Agreement.
4445 27. Communication. Contractor shall have direct communication with all sweeping operators in the 4446 field utilizing radios or cellular telephones. Each sweeper operator shall have the ability to 4447 communicate verbal information immediately to City staff, Police and Fire Department personnel, 4448 residents, and to report illicit stormwater discharges and hazardous street or drainage conditions 4449 to the City. Contractor shall also report missed routes and citizen complaints and resolution to the 4450 City on a weekly basis, when applicable.
4451 27.1. Contractor shall supply a 24-hour message telephone number to the City Traffic Engineer 4452 so that the City can notify Contractor of traffic counter installations. 4453 27.2. Drivers shall be aware of their locations to raise their brooms and avoid destruction of 4454 traffic counter cables. Contractor shall use due diligence to avoid traffic counter cables. 4455 27.3. All Sweepers shall have a GPS tracker located in the trucks, with all data accessible to 4456 City staff.
4457 28. Deficiencies and Corrections. The City may also make regular unannounced inspections of 4458 Street Sweeping locations if a swept area is deemed to be below acceptable performance 4459 standards, the substandard section shall be re-swept within one (1) workday of notification. 4460 Contractor shall re-sweep at their own expense. The City shall be notified of the completed re4461 sweep. 4462 29. City MS4 Permit. Contractor shall meet street sweeping requirements included in the City’s 4463 current Stormwater Discharge Permit as it may be amended, revised, or reissued from time to 4464 time (“MS4 Permit”).
4465 30. Storm Drain Waste Removal Services.
4466 30.1. General. Contractor shall provide waste removal services from the City’s storm drain 4467 inlets and catch basins (all together, “storm drain inlets”) to the specifications of this 4468 Section.
4469 30.2. Number of Storm Drain Inlet Solid Waste Removal Locations. Contractor shall remove all 4470 solid waste, including trash, green waste, street debris, from the City’s storm drain inlets 4471 including from Full Capture Devices placed inside storm drain inlets annually. The City 4472 will provide details including location, description and specific identification numbers to 4473 Contractor via access to an online Geographic Information System (GIS) portal. 4474 Contractor shall include such services in the service rates set by this Agreement. The 4475 specific storm drain inlets subject to solid waste removal services may change annually 4476 or more frequently at the direction of the City. Contractor shall follow and comply with all

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4477 Standard Operating Procedures (“SOPs”) for inspecting and cleaning City’s Full Capture 4478 devices to ensure they are operated at a level necessary to maintain their designation as 4479 Full Capture as required by the MS4 Permit. Contractor shall consult with City’s Public 4480 Works Director regarding which SOPs applicable to City storm drain inlets. 4481 30.3. Frequency of Service. Contractor will perform regular inspections of storm drain inlets 4482 and catch basins and will document which storm drain inlets and catch basins require 4483 solid waste removal services via the online GIS portal described above. Contractor shall 4484 remove all solid waste from all storm drain inlets within 30 (thirty) days. Contractor may 4485 limit service to a maximum of 250 inlet cleanings in any given month. If Contractor 4486 reaches monthly maximum, resulting in marked storm drain inlets remaining for more 4487 than 30 (thirty) days then Contractor must notify City when maximum limit is reached. 4488 City has option to clean overage, or request Contractor to roll over overage to next 4489 month.
4490 30.4. Solid Waste Disposal and Reporting. Contractor shall Recycle or Compost the maximum 4491 amount of solid waste collected from storm drain inlets possible, and shall provide for 4492 such recycling, composting or landfill disposal at the designated post-collection facilities 4493 described in the Agreement. Fees for recycling, composting, and/or landfill disposal of 4494 solid waste collected from storm drain inlets shall be included in the base compensation 4495 provided to Contractor. Contractor and City shall mutually agree on the reporting 4496 requirements related to street sweeping prior to the commencement of street sweeping 4497 by Contractor. Such reporting obligations may include recording the weight in pounds of 4498 each load of solid waste removed from storm drain inlets in a log that will include the 4499 following information: date of removal, equipment identification number, net weight in 4500 pounds of solid waste and net weight disposed. Contractor shall maintain the log 4501 electronically, and shall provide an accurate copy of the log to the City with quarterly 4502 reports and at any time upon request. Contractor shall maintain the log of all weights 4503 collected for the duration of the Agreement.

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City Council

STAFF REPORT
Date: September 6, 2023 Agenda Item:

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

A request for approval of a two-year extension on the existing contract with Willdan for the Building and Planning Division contractual services.

RECOMMENDATION:

Authorize the City Manager to extend the existing contract with Willdan for two additional years.

SUMMARY:

In 2020, the City Council authorized the City Manager to sign a contract extension with Willdan for three years with the option to approve two additional years by the City Manager. Willdan's fees are being adjusted slightly (primarily due to inflation), therefore the City Council needs to authorize the extension.

BACKGROUND:

The existing contract with Willdan is due to expire on September 17, 2023 (see the attached existing contract). Section 3.1.2 of the contract only provides authority to the City Manager to extend the contract for two years. It does not allow for contract modification, which the new fees would be a modification of the original agreement (see the attached updated renewal fees).

Staff is recommending that the City Council authorize the City Manager to extend the contract for two years for the following reasons:
• The change to the contract is minor and pertains to the fee schedule (minor increases due to inflation - higher employee costs, benefit costs, overhead, etc.).

Fees have not gone up since 2015 (with the original and existing contract). Fees would likely be higher if we were to re-negotiate a new contract. Below is the table that lists and compares the existing and new fees:

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Service Old Rate New Rate Percent
change Notes:

Plan review for
projects with a
valuation of $0 -
$100,000
70% 70% 0%
Plan review for
projects with a
valuation of
$100,000 -
$1,000,000
65% 65% 0%
Plan review for
projects with a
valuation of
$1,000,000 -
$5,000,000
60% 65% 0%
Plan review for
projects with a
valuation greater
than $5,000,000
50% 50% 0%
Plan Review
(Hourly) X $130 X
New fee option for
special projects or
reviews where a
traditional plan
review fee is not
charged.

Expedited Plan
Review $110
Plan check
percentage fee
x1.35 (135%)
Different
structure, 135%
expedite fee is
typical.

Building Official
Services $130 $140 8%
Building Inspector $95 $95 0%
Senior Building
Inspector X $105 X
New fee option to
employ a more
experienced and
certificated
Inspector
Permit Technician
Services
$65 $70 8%
Senior Permit
Technician
Services
X $85 X
New fee option to
employ a more
experienced
Permit Technician
CASp Services $110 $125 14%
Associate Planner $125 $135 8%
Assistant Planner $110 $115 5% X

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Service Old Rate New Rate Percent
change Notes:
• The City now has a full-time building official; therefore contractual service costs have been going down incrementally as more plans checks are being done in house, and the Building Official supplements and fills in as an inspector. An additional two years will allow staff time evaluate the extent and need for contractual services in the future; and
• It is within the best interest of the City to continue a partnership because of Willdan's experience, consistency and knowledge of the City of Norco.

FISCAL IMPACT:

Contractual services related to the Building and Safety Division have been accounted for in the Fiscal Year 2023-24 Operating Budget.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Strategic Plan Direction No. 1 - Public Health, Safety and Wellness: Enhance quality of life by promoting public health, safety and wellness initiatives for all community members.

REVIEWED AND APPROVED BY:

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

Existing Willdan Agrmt_3 Yrs_Sept 2020
Willdan Renewal Fees 2023

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CITY OF NORCO

BUILDINGAND SAFETY DIVISIONPLAN CHECK SERVICES

PLANNINGDIVISION PROJECT ANDENVIRONMENTALREVIEWSERVICES SEPTEMBER 17, 2020 THROUGHSEPTEMBER 17, 2023 (3-Year Contract)

AGREEMENT

1. Parties and Date.

This Agreement is made and entered into this the 17th of September, 2020 by and between the City of Norco, a municipal corporation of the State of California, located at 2870 Clark Avenue, Norco, California92860, County of Riverside, State of California, (hereinafter referred to as “City” ) and Willdan Engineering, a corporation with its principal place of business located at 650 E.

Hospitality Lane, Suite 250, San Bernardino, CA92626, (hereinafter referred to as “Contractor”).

City and Contractor are sometimes individually referred to as "Party” and collectively as “Parties” in this Agreement.

2. Recitals.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by The City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing plan check sen/ices, and project and environmental review services, to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that isfamiliar withthe requirements of the City.

2.2 Project.

City desires to engage Contractor to render such services for the Building and Safety Division for Plan Check Services, and the Planning Divisionfor Project and Environmental Review Services (“Services”) as set forth in this Agreement.

3. Terms.

3.1 Scope of Services and Term.

3.1.1 General Sco e of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the Building and Safety Division plan check services and the Planning Division project and environmental review services on an as-needed basis necessary for the Servicer(“Services”). The Services are more particularly described in Attachment1 attached hereto and incorporated herein by reference. AllServices shall be subject to, and performed in accordance with this Agreement, and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The terms of this Agreement shall be from September 17, 2020 through September 17, 2023, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual written consent, extend the term of this Agreement for an additional two (2) years, as authorized by the City Manager.

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3.2 Responsibilities of Contractor.

3.2.1 Control and Pa ment of Subordinates' lnde endent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor willdetermine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, incom tax withholding, unemployment insurance, disability insurance, and workers’ e compensation
insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Attachment 1 attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. in order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to A licable Re uirements. All work prepared by Contractor shall be subject to the approval of City.

3.2.4 Ci ‘s Re resentative. The City hereby designates the Director of Planning, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.2.5 Contractors Re resentative. Contractor hereby designates am ‘.1Johnson , or his or her designee, to act as its representative for the performance of this Agreement (“Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.

The Contractors Representative shall supervise and direct the Services, using best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’sstaff, consultants and other staff at all reasonable times.

3.2.7 Standard of Care‘ Performance of Em lo ees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling

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necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Agreement, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be reemployed to perform any of the Services or to work on the Project.

3.2.7.1 Period of Performance and Li uidated Dama es. Contractor shall perform and complete allservices under this Agreement within the term set forth in Section

3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any com letion schedule attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City willsuffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as ?xed and liquidated damages, and not as a penalty, the sum of, $100.00 per day.

3.2.8 Laws and Re ulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. if the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall "defend, indemnify and hold City, its of?cials, directors, of?cers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.9 Insurance.

3.2.9.1 Time for Corn liance. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance re uired under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

3.2.9.2 Minimum Re uirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:

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(A) Minimum Sco e of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Of?ce Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services OfficeBusiness Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability:Workers’ Compensation insurance as required by the State of Californiaand Emp|oyer’s Liability Insurance. (B) MinimumLimits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,500,000 per occurrence for bodily injury, personal injury and property damage. IfCommercial General Liability Insurance or otherforrn with general aggregate limitis used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limitshall be twice the required occurrence limit; (2) Automobile Liability: $1,500,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employers Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. EmpIoyer’s Liabilit y limits of $1,000,000 per accident for bodily injury or disease.

3.2.9.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liabilit . The general liabilitypolicy shall be endorsed to state that: (1) the City, its directors, officials, of?cers, employees, agents, and volunteers shall be covered as additional insured with respect to the work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, of?cials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’sscheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, of?cials, officers, employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liabilit . The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, of?cials, of?cers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, it directors, officials, of?cers, employees, agents, and volunteers shall be excess of s the Contractor’s
insurance and shall not be called upon to contribute with it in any way. (C) Workers’ Com nsation and Em Io er’s Liabilit Covera e. The insurer shall agree to waive all rights ofsubrogation against the City, its directors, officials, of?cers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor.
(D) AllCovera es. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the

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policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, of?cers, employees, agents, and volunteers.

3.2.9.4 Se aration of insureds‘ No S ecial Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. in addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, of?cers, employees, agents, and volunteers.

3.2.9.5 Deductibles and Self—|nsurance Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its directors, of?cials, of?cers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.9.6 Acce tabilit of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:V|ll, licensed to do business in California, and satisfactory to the City.

3.2.9.7 Veri?cation of Covera e. Contractor shall furnish City with original certi?cates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certi?cates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.9.8 Re ortin of Claims. Consultant shall report to the City, in addition to Consu|tant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Com ensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in the Proposal Form, attached hereto and incorporated herein by reference. The Services shall be performed on an “as needed" basis. Extra work may be authorized, as described below, and if authorized, willbe compensated at the rates and manner set forth in this Agreement.

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3.3.2 Pa ent of Compensation. Contractor shall submit to City a monthly itemized statement which indicates project or address, category of service, fee, and person performing plan check; and any other item of infonnation the City may deem necessary for tracking purposes including hours associated withservice. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Ex enses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.

3.3.5 Prevailin Wa es. This contract willincorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wages, apprenticeship employment standards, and Contractor registration program established by the State Director of Industrial Relations will be required. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion willbe also required.

3.4 Accountin Records.

3.4.1 Maintenance and Ins ection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. Allsuch records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of A reement.

3.5.1 1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. ifthis Agreement is terminated as provided herein, City may require Contractor to provide all finished or un?nished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information withinfifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

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3.5.2 Delive of Notices. Allnotices permitted or required under this Agreement shall be given to the respective parties at the follow address, or at such other address as the respective parties may provide in writing for this purpose:

Contractor: Willdan Engineering
650 E. Hospitality Lane, Suite 400
San Bernardino, CA 92626
Attention: Patrick Johnson, PE
City: City of Norco
2870 ClarkAvenue
Norco, CA 92860
Attention: Alma Robles
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the US 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.

3.5.3 Coo eration' Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.4 Attorne ’s Fees. if either party commences an action against the other party, either legal, administrative or othenrvise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, of?cers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage, or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its of?cials, of?cers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses. Contractofs obligations under this heading shall not extend to claims, demands, causes of action, costs, expenses, liability, loss, damage, or injury that arise out of the sole negligence or willful misconduct of the indemnified parties. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, of?cers, employees, agents, or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, of?cials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, of?cials of?cers, employees, agents, or volunteers.

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3.5.6 Entire A reement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.7 Governin Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County

3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.9 Cit ‘s Ri ht to Em lo Other Contractors. City reserves right to employ other contractors in connection with this service.

3.5.10 Successors and Assi ns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.11 Assi nment or Transfer. Contractor shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.12 Construction‘References" Ca tions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to itsfair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. Allreferences to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. Allreferences to City include its elected officials, of?cers, employees, agents, and volunteers except as othenrvise specified inthis Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.13 Amendment‘ Modification. No supplement, modi?cation or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or othenrvise.

3.5.15 No Third Part Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.16 lnvalidit ' Severabilit . If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in fullforce and effect.

3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working

Page 434 of 543 ends

solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to ?le, or shall cause its employees or subcontractors to ?le, a Statement of Economic Interest with the City’s Filing Of?cer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service withCity, shall have any direct interest inthis Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.18 Egual Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initia l employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liabilityfor Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.20 Authorit to Enter A reement. Contractor 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 Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.21 Counter arts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior A roval Re uired. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

Page 435 of 543 ends

CONTRACTOR:

ENGINEERIN
atrick Johnsu PE — Director of B ‘lding & Safety
Date
*By
Signature
Da , City Clerk
APPROVEDAS OFORM: A EST:

John R. Harper, ityA orney
Berwin nna,M or
Name and Title
OWNER:CITY OF NORCO, a municipal corporation
W
*
Date
Name of Contractor
Sngna ure
Name and Title
Buildm
I7—
}‘.'n’’ ~a1r‘c' i. I‘

Page 436 of 543 ends

~. ,».«Norco

SERVICEPROVIDED
Plan review for projects with a valuation
$100,000
Plan review for projects with a valuation of
$100,000 - $1,000,000
Plan review for projects with a valuation of
$1,000,000 - $5,000,000
Plan review for projects with a valuation
greater than $5,000,000
Expedited Plan Review
ADD|Tl0NAL SERVICES
Inspection Services
Building Official Services
CASp Services
Permit Technician Services
FEE
70% of fee collected by Cit
y
65%of fee collected by City
60% of fee collected by City
50% of fee collected by City
$110 per hour
$ 95 per hour
$130 per hour
$110 per hour
S 65 per hour

WILLDAN
Engineering
Cityof Norc
Buildingand SafetyService o
Page s I 13
___—--__.._; .... :::—;,‘:;:.';.nn—-uusn "3{§6

Page 437 of 543 ends

June 2, 2020
Mr. Steve King
City of Norco
Building& Safety Division
2870 Clark
Norco, CA 92860
Subject: Contract Renewal
Dear Mr. King:

Per our discussion, Willdan is pleased to continue to provide services to the City of Norco. Our Fee Schedule will remain unchanged as follows:

Plan review for projects with a valuation of $0 - $100,000 Plan review for projects with a valuation of $100,000 - $1,000,000 Plan review for projects with a valuation of $1,000,000 - $5,000,000 Plan review for projects with a valuation greater than $5,000,000 Expedited Plan Review

ADDITIONALSERVICES
Inspection Services
Building Of?cial Services
CASp Services
Permit Technician Services
Associate Planner
Assistant Planner
70% of fee collected by City
65% of fee collected by City
60% of fee collected by City
50% of fee collected by City
$110 per hour
$ 95 per hour
$130 per hour
$110 per hour
S 65 per hour
$125 per hour
$110 per hour

WILLDANENGINEERIN
‘N -[.j -3_ —. 2 !
V 7'39 ?f':~i? ' I r-Est: gm», "--1. .,~“ I‘-1
‘ ’ 7 I
‘r »-_» L
“ " iii‘ ...
'= "'3 ': ! "” rue;-*: . .

I
\ x‘\ a 4 _.;r:~1.,‘ I , »‘.I\,s/.\:,,“|_.'_h :-‘ _--3" Please feel free to contact me should you have any questions or require additional information.

Respectfully submitted,
Patrick Johnson, PE
Director of Building and Safety
'ohnson wil|dan.com
90~3.386.0?00 800.789 751? I fax; 909 888.5107 Q650 E. Hospitality Lane, SLNIG400, San Bernardinc. CA 923408 1www willaan Corr.

SERVICEPROVIDE FE

Page 438 of 543 ends

July 5, 2023
Mr. Steve Raney
City of Norco
Building & Safety Division
2870 Clark
Norco, CA 92860
Subject: Contract Renewal
Dear Mr. Raney:

Please see the following table for revised fees pertaining to building and safety services:

SERVICE PROVIDED FEE
Plan review for projects with a valuation of $0 - $100,000 70% of fee collected by City Plan review for projects with a valuation of $100,000 - $1,000,000 65% of fee collected by City Plan review for projects with a valuation of $1,000,000 - $5,000,000 60% of fee collected by City Plan review for projects with a valuation greater than $5,000,000 50% of fee collected by City Plan Review (Hourly) $130 per hour
Expedited Plan Review (Fee above) X 1.35

ADDITIONAL SERVICES
Building Official Services $140 per hour
Senior Building Inspector $105 per hour
Building Inspector $95 per hour
CASp Services $125 per hour
Permit Technician Services $70 per hour
Senior Permit Technician Services $85 per hour
Associate Planner $135 per hour
Assistant Planner $115 per hour
Please feel free to contact me should you have any questions or require additional information.

Respectfully submitted,

WILLDAN ENGINEERING
Patrick Johnson, PE
Director of Building and Safety
[email protected]

Page 439 of 543 ends

City Council

STAFF REPORT
Date: September 6, 2023 Agenda Item:

5.A.

To: Honorable Mayor and City Council Members
Prepared By: Catherine Fiore, Code Enforcement Supervisor Department: Planning
SUBJECT:

Second Reading: Ordinance 1099: Code Amendment 2023-05(City of Norco), a City initiated amendment to the Norco Municipal Code, Title 1 – "General Provisions", Chapter

1.05 – ”Administrative Citations”, to align with Government Code 36900 with respect to fine schedules, with fines imposed for Building Code violations and Short Term Rentals to be assessed at higher levels than General violations; Ordinance 1100: Code Amendment 2023-06 (City of Norco), a City initiated amendment to the Norco Municipal Code, Title 6 – “Health and Sanitation”., Chapter 6.22 – “Public Nuisance Abatement”, to adopt a process for immediate issuance of a Notice to Abate; to change the process for a hearing to occur; and to permit summary abatement by the City of hazardous nuisances on private property; and Ordinance 1101: Code Amendment 2023-07 (City of Norco), a City initiated amendment to the Norco Municipal Code Title 15 – “Building and Construction”, Chapter 15.01 - Administrative Provisions for Title 15" and to Chapter

15.06 – “Housing Code”, to replace the Housing Code with the 2021 International Property Maintenance Code, which will now include the Housing Code and Dangerous Buildings Code.

RECOMMENDATION:

Adopt Ordinance No.1099, Second Reading, approving Code Amendment 2023-05; Adopt Ordinance No.1100, Second Reading, approving Code Amendment 2023-06; and Adopt Ordinance No. 1101, Second Reading, approving Code Amendment 2023-07.

SUMMARY:

The First Reading of Ordinances 1099, 1100, and 1101 was held on August 16, 2023 and were adopted by the City Council.

FISCAL IMPACT:

While this is not the goal of the ordinance, there may be some increase in revenues from fines for violations of Building Code violations and for Short Term Rentals.

Page 440 of 543 ends

With regard to abatements, an abatement fund in the amount of $100,000 had been established in the FY 2023/24 budget, which will cover the abatement of public nuisances upfront, but which costs will be recovered in the process.

RELATIONSHIP TO STRATEGIC PLAN:

REVIEWED AND APPROVED BY:

ATTACHMENT(S):

Ordinance 1099 for Code Amendment 2023-05 , Title 1, Chapter 1.05 Ordinance 1100 for Code Amendment 2023-06 , Title 6, Chapter 6.22 Ordinance 1101 for Code Amendment 2023-07, Title 15, Chapter 15.06

Page 441 of 543 ends

ORDINANCE NO. 1099

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING CODE AMENDMENT 2023-05: A CITY
INITIATED AMENDMENT TO THE NORCO MUNICIPAL CODE, TITLE 1 – “GENERAL PROVISIONS”, AMENDING CHAPTER 1.05 –
”ADMINISTRATIVE CITATIONS”, TO ALIGN WITH GOVERNMENT CODE 36900 WITH RESPECT TO FINE SCHEDULES, WITH FINES IMPOSED FOR

BUILDING CODE VIOLATIONS AND SHORT TERM RENTALS TO BE

ASSESSED AT HIGHER LEVELS THAN GENERAL VIOLATIONS
WHEREAS, the CITY OF NORCO initiated Code Amendment 2023-05, a proposal to amend the Norco Municipal Code, Title 1 – "General Provisions", amending Chapter 1.05 – ”Administrative Citations, relating to administrative citations; and WHEREAS, the Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which proper notice was given; and WHEREAS, the Code Amendment was scheduled for public hearing on August 2, 2023 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, said Code Amendment was not heard but continued to the meeting of August 16, 2023; and
WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to the Code Amendment; and WHEREAS, Said Code amendment is not considered a project under Public Resources Code Section 21065 and CEQA Guidelines Section 15378.

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

I. FINDINGS.

A. The proposed Code amendment is a follow-up item to the Code Compliance/Enforcement improvement program reviewed by the City Council on March 1, 2023. The Code amendments are part of the recommended improvement measures to enable Code Enforcement to expeditiously perform abatement of public nuisances and building and construction violations.

B. The proposed Code Amendment will provide for a more efficient and effective process of nuisances and Code violation abatement.

C. The proposed Code Amendment will not be detrimental to the public convenience, health, safety, or general welfare of the City because the amendments will enable the removal of public nuisances that are detrimental to the public convenience, health, safety, or general welfare of the City. Page 442 of 543 Ordinance No.1099 - Zone Code Amendment 2023-05
September 6, 2023

Page 2 ends

II. DETERMINATION:

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

SECTION 1:

Norco Municipal Code, Title 1 – “General Provision”, Chapter 1.05 - “Administrative Citations, Sections 1.05.030 and 1.05040 are hereby amended to read as follows:

1.05.030 AUTHORITY
A. Any person violating any provision of the Norco Municipal Code or applicable State Code may be issued an Administrative Citation by an Enforcement Officer as provided in this Chapter. A violation of this Code includes, but is not limited to, all violations of the Municipal Code, the Uniform Codes adopted by the City Council, failing to comply with any condition imposed by any entitlement, permit, agreement or environmental document issued or approved under the provisions of this Code.

B. Each and every day a violation of the Municipal Code or applicable State Code exists constitutes a separate and distinct offense.

C. A civil fine shall be assessed by means of an Administrative Citation issued by the Enforcement Officer and shall be payable directly to the City of Norco.

D. Fines shall be assessed in the amounts specified in this Chapter, as adopted by the City Council as:
(a) General violations: A fine not exceeding one hundred dollars ($100.00) for a first violation; a fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance or permit within three years from the date of the first violation; a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance or permit within three years from the date of the first violation.
(b) Building Code violations: A fine not exceeding one hundred thirty dollars ($130.00) for a first violation; a fine not exceeding seven hundred dollars ($700.00) for a second violation of the same ordinance or permit within three years from the date of the first violation; a fine not exceeding one thousand three hundred dollars ($1300.00) for each additional violation of the same ordinance or permit within three years from the date of the first violation.
(c) Short-Term Rental violations: A fine not exceeding one thousand five hundred dollars ($1500.00) for a first violation; a fine not exceeding three thousand dollars ($3000.00) for a second violation of the same ordinance or permit within three years from the date of the first violation; a fine not exceeding five thousand dollars ($5000.00) for each additional violation of the same ordinance or permit within three years from the date of the first violation.

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Ordinance No.1099 - Zone Code Amendment 2023-05
September 6, 2023

Page 3 ends

E. Fines collected resulting from enforcement of Norco Municipal Code Administrative Citation violations will be placed in the General Fund and used solely for the purpose of the code enforcement program in order to ensure and maintain the character and well being of the City of Norco.

1.05.040 SERVICE PROCEDURES
An Administrative Citation on a form approved by the City Manager or his duly authorized representative may be issued to the responsible person by an Enforcement Officer for violations of the Municipal Code or applicable State Code in the following manner:

A. Personal Service. In any case where an Administrative Citation is issued:
(1) The Enforcement Officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the Administrative Citation.
(2) If the responsible person served refuses or fails to sign the Administrative Citation, the failure or refusal to sign shall not affect the validity of the Administrative Citation or of subsequent proceedings.

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

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

SECTION 4. POSTING: The Mayor shall sign this Ordinance and the City clerk shall attest hereto and shall cause the same within 15 days of its passage to be posted at no less than five public places within the City of Norco.

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Ordinance No.1099 - Zone Code Amendment 2023-05
September 6, 2023

Page 4 ends

________________________
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 August 16, 2023, and thereafter at a regular meeting of said City Council duly held on September 6, 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 September 6, 2023
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

Page 445 of 543 ends

ORDINANCE NO. 1100

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING CODE AMENDMENT 2023-06: A CITY
INITIATED AMENDMENT TO THE NORCO MUNICIPAL CODE, TITLE 6 – “HEALTH AND SANITATION”, CHAPTER 6.22 – “PUBLIC NUISANCE ABATEMENT”, TO ADOPT A PROCESS FOR IMMEDIATE ISSUANCE OF A NOTICE TO ABATE; TO CHANGE THE PROCESS FOR A HEARING TO OCCUR; AND TO PERMIT SUMMARY ABATEMENT BY THE CITY OF
HAZARDOUS NUISANCES ON PRIVATE PROPERTY.

WHEREAS, the CITY OF NORCO initiated Code Amendment 2023-06, a proposal to amend Title 6 – “Health and Sanitation”., Chapter 6.22 – “Public Nuisance Abatement”, relating to public nuisance abatement on private property; and WHEREAS, the Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which proper notice was given; and WHEREAS, the Code Amendment was scheduled for public hearing on August 2, 2023 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, said Code Amendment was not heard but continued to the meeting of August 16, 2023; and
WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to the Code Amendment; and WHEREAS, Said Code amendment is not considered a project under Public Resources Code Section 21065 and CEQA Guidelines Section 15378.

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

I. FINDINGS.

B. The proposed Code Amendment will provide for a more efficient and effective process of nuisances and Code violation abatement.

C. The proposed Code Amendment will not be detrimental to the public convenience, health, safety, or general welfare of the City because the amendments will enable the removal of public nuisances that are detrimental to the public convenience, health, safety, or general welfare of the City. Page 446 of 543 Ordinance No.1100- Zone Code Amendment 2023-06
September 6, 2023

Page 2 ends

II. DETERMINATION:

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

SECTION 1:

Title 6 (Health and Sanitation) of the Norco Municipal Code, Chapter 6.22 - “Public Nuisance Abatement”, Section 6.22.035 is hereby amended to read as follows:

6.22.035 Declaration of nuisance, weeds and debris in the public right-of-way or on private property
Whenever the City Manager, or his duly authorized representative, determines that any right-of-way or on private property within the City may be maintained contrary to one or more of the provisions of Section 6.22.010 and Chapter 12.18, then he shall deem the right of way or property a public nuisance and cause notice to the responsible party that enforcement will be escalated in such a manner as to provide summary abatement of the nuisance by the City. The responsible party may request a public hearing in order to appeal the decision. The process will be as follows:

A. Site inspection with a posted Notice to Abate. Property owner has 10 days to comply.

B. Follow-Up Inspection. If property owner has not complied, a citation and fine will be issued at the amount set by the City Council.

C. Property owner has 10 days (or the time frame stated on the citation notice) to comply or appeal the citation per the procedures established on the citation notice.

D. If no action occurs within 10 days there is no second citation and the violation is declared a nuisance.

E. However, If the property owner files an appeal with request for public hearing within the prescribed time frame, the City Manager shall cause a notice of public hearing (administrative hearing/nuisance abatement hearing) in the format and procedure provided in this chapter.

F. Public Hearing shall be held in accordance with the procedure provided in this chapter.

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

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Ordinance No.1100- Zone Code Amendment 2023-06
September 6, 2023

Page 3 ends

PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held September 6, 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 August 16, 2023, and thereafter at a regular meeting of said City Council duly held on September 6, 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 September 6, 2023
________________________

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Ordinance No.1100- Zone Code Amendment 2023-06
September 6, 2023

Page 4 ends

Dana Roa, CMC, City Clerk
City of Norco, California

Page 449 of 543 ends

ORDINANCE NO. 1101

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING CODE AMENDMENT 2023-07: A CITY
INITIATED AMENDMENT TO THE NORCO MUNICIPAL CODE TITLE 15 – “BUILDING AND CONSTRUCTION”, CHAPTER 15.01 - ADMINISTRATIVE PROVISIONS FOR TITLE 15" AND TO CHAPTER 15.06 – “HOUSING CODE”, TO REPLACE THE HOUSING CODE WITH THE 2021

INTERNATIONAL PROPERTY MAINTENANCE CODE, WHICH WILL NOW INCLUDE THE HOUSING CODE AND DANGEROUS BUILDINGS CODE.

WHEREAS, the CITY OF NORCO initiated Code Amendment 2023-07, a proposal to amend the Norco Municipal Code, Title 15 – “Building and Construction", replacing Chapter

15.06 – “Housing Code” with the 2021 International Property Maintenance Code; and WHEREAS, the Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which proper notice was given; and WHEREAS, the Code Amendment was scheduled for public hearing on August 2, 2023 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, said Code Amendment was not heard but continued to the meeting of August 16, 2023; and
WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to the Code Amendment; and WHEREAS, Said Code amendment is not considered a project under Public Resources Code Section 21065 and CEQA Guidelines Section 15378.

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

I. FINDINGS.

B. The proposed Code Amendment will provide for a more efficient and effective process of nuisances and Code violation abatement.

Page 450 of 543 ends

Ordinance No. 1101 - Zone Code Amendment 2023-07
September 6, 2023

Page 2 ends

II. DETERMINATION:

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

SECTION 1:

Norco Municipal Code, Title 15 – “Building and Construction", Chapter 15.01 - Administrative Provisions for Title 15", Section 15.01.020 – “Code Adoption” Item A is hereby amended to read as follows”:

15.01.020 Code adoption.

A. Subject to the particular additions, amendments and deletions set forth in this chapter, all the rules, regulations, provisions and conditions set forth in that certain document being marked and designated as the 2022 California Building Code, Chapter 1, Division II, are hereby adopted. The changes set forth herein are made to the 2022 Edition of the California Building Code, and the 2021 Edition of the International Property Maintenance Code.

Title 15 – “Building and Construction" Chapter 15.06 – “Housing Code” is hereby replaced in its entirety with the 2021 International Property Maintenance Code to read as written in attached Exhibit “A”.

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

PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held September 6, 2023.
__________________________

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Ordinance No. 1101 - Zone Code Amendment 2023-07
September 6, 2023

Page 3 ends

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 August 16, 2023, and thereafter at a regular meeting of said City Council duly held on September 6, 2023, it was duly passed and adopted by the following roll call vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Page 452 of 543 ends

Ordinance No. 1101 - Zone Code Amendment 2023-07
September 6, 2023

Page 4 ends

Exhibit A
Chapter 15.06

INTERNATIONAL PROPERTY MAINTENANCE CODE
Sections:

15.06.010 Title.

15.06.020 Code adoption.

15.06.030 Administration.

15.06.190 Amendment – Section 101.1 Title (IPMC, 2021 Edition)

15.06.200 Amendment – Section 102.3 (IPMC, 2021 Edition)

15.06.210 Amendment – Section 102.7.1 (IPMC, 2021 Edition)

15.06.220 Amendment – Section 103.5 (IPMC, 2021 Edition)

15.06.230 Amendment – Section 104.3 (IPMC, 2021 Edition)

15.06.240 Amendment – Section 107.4 (IPMC, 2021 Edition)

15.06.250 Amendment – Section 107.7 (IPMC, 2021 Edition)

15.06.260 Amendment – Section 108.1 (IPMC, 2021 Edition)

15.06.270 Amendment – Section 108.1.4 (IPMC, 2021 Edition)

15.06.280 Amendment – Section 108.2 (IPMC, 2021 Edition)

15.06.290 Amendment – Section 108.3 (IPMC, 2021 Edition)

15.06.300 Amendment – Section 108.4 (IPMC, 2021 Edition)

15.06.310 Amendment – Section 108.5 (IPMC, 2021 Edition)

15.06.320 Amendment – Section 108.7 (IPMC, 2021 Edition)

15.06.330 Amendment – Section 111.1 (IPMC, 2021 Edition)

15.06.340 Amendment – Section 112.4 (IPMC, 2021 Edition)

15.06.350 Amendment – Section 202 (IPMC, 2021 Edition)

15.06.360 Amendment – Section 202 (IPMC, 2021 Edition)

15.06.370 Amendment – Section 302.1 (IPMC, 2021 Edition)

15.06.380 Amendment – Section 302.2 (IPMC, 2021 Edition)

15.06.390 Amendment – Section 302.4 (IPMC, 2021 Edition)

15.06.400 Amendment – Section 302.8 (IPMC, 2021 Edition)

15.06.410 Amendment – Section 303.2 (IPMC, 2021 Edition)

15.06.420 Amendment – Section 304.14 (IPMC, 2021 Edition)

15.06.430 Amendment – Section 304.15 (IPMC, 2021 Edition)

15.06.440 Amendment – Section 304.16 (IPMC, 2021 Edition)

15.06.450 Amendment – Section 304.18.2 (IPMC, 2021 Edition)

15.06.460 Amendment – Section 305.1 (IPMC, 2021 Edition)

15.06.470 Amendment – Section 305.6 (IPMC, 2021 Edition)

15.06.480 Amendment – Section 307.1 (IPMC, 2021 Edition)

15.06.490 Amendment – Section 309.1 (IPMC, 2021 Edition)

15.06.500 Amendment – Section 309.2 (IPMC, 2021 Edition)

15.06.510 Amendment – Section 309.3 (IPMC, 2021 Edition)

15.06.520 Amendment – Section 404.4.1 (IPMC, 2021 Edition)

15.06.530 Amendment – Section 505.4 (IPMC, 2021 Edition)

15.06.540 Amendment – Section 602.2 (IPMC, 2021 Edition)

15.06.550 Amendment – Section 602.3 (IPMC, 2021 Edition)

15.06.560 Amendment – Section 602.4 (IPMC, 2021 Edition)

15.06.570 Amendment – Section 702.1 (IPMC, 2021 Edition)

15.06.600 Violation—Penalty.

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Ordinance No. 1101 - Zone Code Amendment 2023-07
September 6, 2023

Page 5 ends

15.06.010 Title.

This chapter shall be cited as the “Property Maintenance Code” of the City of Norco” and any reference in the City’s municipal code or any chapter thereof to the International Property Maintenance Code, or other housing code, refers and applies to this chapter. (Ord. 937 Sec. 6 (Exh. F), 2011)

15.06.020 Code adoption.

Subject to the particular additions, amendments and deletions set forth in this chapter, all the rules, regulations, provisions and conditions set forth in that certain document being marked and designated as 2021 International Property Maintenance Code are hereby adopted as the Property Maintenance Code of the City of Norco.

One certified copy of the 2021 International Property Maintenance Code shall be kept on file in the office of the City Clerk of the City of Norco, and any and all references thereto are adopted as Property Maintenance Code of the City of Norco, subject to the changes contained in this chapter. Each and all of the regulations, provisions, penalties, conditions and terms thereof are referred to, adopted and made a part of this chapter, as though fully set forth at length. (Ord. 937 Sec. 6 (Exh. F), 2011)

15.06.030 Administration.

The administrative procedures as adopted in Chapter 15.01 shall apply to this chapter. (Ord. 937 Sec. 6 (Exh.

F), 2011)

15.06.190 Amendment – Section 101.1 (IPMC, 2021 Edition) Section 101.1 is hereby replaced in its entirety with the following:

Section 101.1 Title. These regulations shall be known as The City of Norco International Property Maintenance Code.

15.06.200 Amendment – Section 102.3 (IPMC, 2021 Edition) Section 102.3 is hereby replaced in its entirety with the following:

Section 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Code of Regulations as amended and adopted by The City of Norco or Title 25 inclusive of the State Housing Law.

15.06.210 Amendment – Section 102.7.1 (IPMC, 2021 Edition) Section 102.7.1 is hereby replaced in its entirety with the following:

Section 102.7.1 Conflicts. Where conflicts occur between provisions of this code, and the California Code of Regulations as amended and adopted by The City of Norco Municipal Code, or Title 25, the most restrictive shall govern.

15.06.220 Amendment – Section 103.5 (IPMC, 2021 Edition) Section 103.5 is hereby replaced in its entirety with the following:

Section 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under the IPMC shall be per the most recent adopted fee schedule adopted by the City of Norco City Council.

15.06.230 Amendment – Section 104.3 (IPMC, 2021 Edition)

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Section 104.3 is hereby amended as follows:

Section 104.3 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner’s authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry. Any and all costs incurred by the city in connection with securing lawful entry to a structure or premise including but not limited to, costs of investigation, staffing costs incurred in the preparation of warrants, and all subsequent costs necessary to enforce compliance with the provisions of this Code may be recovered including late payment charges and costs of collection by use of any and all available legal means.

Justification:

1. To clarify the process of cost recovery where the Right of Entry for inspection of a premise or structure is refused.

15.06.240 Amendment – Section 107.4 (IPMC, 2021 Edition) Section 107.4 is hereby replaced in its entirety with the following:

Section 107.4 Unauthorized tampering. Placards, notices, signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed, tampered with, or removed without authorization from the code official. Any person violating this subsection shall be guilty of a misdemeanor.

Justification

1. To include the terms " Notices" and " Placards" referenced in 2021 IMPC 108.3 & 108.4 and comply with 1997 Uniform Housing Code Sec. 1104.2 and 1997 Abatement of Dangerous Buildings Section 404.1.

15.06.250 Amendment – Section 107.7 (IPMC, 2021 Edition) Section 107.7 is hereby added as follows:

Section 107.7 Recordation of Notices and Orders. If compliance with the order is not achieved within the time specified therein, and no appeal has been properly and timely filed, the code official is authorized to file in the office of the county recorder a certificate describing the property and certifying (i) that the premise, building, structure or building service equipment is in violation of this code or the technical codes and (ii) that the owner has been so notified. Whenever the ordered corrections have been completed and the violations no longer exist on the property described in the certificate, the code official shall issue a new certificate certifying that all required corrections have been made.

Justification:

1. To comply with the recordation guidelines in the 1997 Abatement of Dangerous Buildings code Section 402.

15.06.260 Amendment – Section 108.1 (IPMC, 2021 Edition) Section 108.1 is hereby amended as follows:

Section 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall posted in accordance with this section and declared to be a public nuisance and the violations shall be abated by repair, rehabilitation, demolition or removal pursuant to the provisions of this code.

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Justification:

The section focused on condemnation only, revised it to more closely follow the language from Section 202 of the Dangerous Building Code.

15.06.270 Amendment – Section 108.1.4 (IPMC, 2021 Edition) Section 108.1.4 is hereby amended as follows:

Section 108.1.4 Unlawful structure. An unlawful structure is; one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered, occupied or maintained contrary to law; or one that is partially constructed, reconstructed or demolished upon which work is abandoned. Work is deemed abandoned when there is no valid building or demolition permit.

Justification:

1. To include a portion of 1997 Dangerous Building Code Section 302 (18)

15.06.280 Amendment – Section 108.2 (IPMC, 2021 Edition) Section 108.2 is hereby amended as follows:

Section 108.2 Unsafe Equipment. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or owner’s authorized agent to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and shall be collected by any other legal resource.

Justification:

1. The section referenced posting the structure for condemnation only however we post several different types of placards.

15.06.290 Amendment – Section 108.3 (IPMC, 2021 Edition) Section 108.3 is hereby amended as follows:

Section 108.3 Notice. Whenever the code official posts a structure, equipment or premise under the provisions of this section, the posting shall be in a conspicuous place in or about the affected structure, equipment or premise and a notice in the form specified in Section 107.2 shall be served on the owner, owner’s authorized agent or the person or persons responsible for the structure, equipment or premise.

If the posting pertains to equipment, it shall also be placed on the equipment. The notice shall be in the form prescribed in Section 107.2.

Justification:

1. The section focused on posting structures or equipment for condemnation only however we use various types of posting.

15.06.300 Amendment – Section 108.4 (IPMC, 2021 Edition)

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Section 108.4 is hereby replaced in its entirety with the following:

Section 108.4 Posting and placarding. When the code official determines a structure, equipment or premise has been erected, constructed, enlarged, altered, repaired, moved, improved, removed, damaged, converted or demolished, equipped, used, occupied or maintained in violation of this code and the structure, equipment or premise constitutes a danger to the life, limb, property or safety of the public or the occupants, the code official shall post a placard on the structure, equipment or premise in a conspicuous place in or about the affected structure, equipment or premise. The placard shall clearly state the code official’s Order regarding the structure, equipment or premise, and specify the conditions which necessitated the posting.

Justification:

1. The section focused on posting structures or equipment for condemnation only however we use various types of posting.

15.06.310 Amendment – Section 108.5 (IPMC, 2021 Edition) Section 108.5 is amended as follows:

Section 108.5 Prohibited Occupancy. It shall be unlawful for any person, owner, owner’s authorized agent or person responsible for the premise to occupy or allow to be occupied a placarded structure or premise or operate placarded equipment in violation of the code official’s posted order.

Justification:

1. The section focused on posting structures or equipment for condemnation only however we use various types of posting.

15.06.320 Amendment – Section 108.7 (IPMC, 2021 Edition) Section 108.7 is amended as follows:

Section 108.7 Recordation of notice and order. If the dangerous, damaged or substandard building is not repaired or demolished by the owner within the prescribed time(s), and no appeal has been properly and timely filed, the code official shall file in the office of the county recorder a certificate describing the property and certifying (i) that the building is a substandard building and (ii) that the owner has been so notified, if such recordation has not already been made during the course of the proceedings.

Whenever the corrections ordered shall thereafter have been completed or the building demolished so that it no longer exists as a substandard building described in the certificate, the code official shall file a new certificate with the county recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer substandard, whichever is appropriate.

15.06.330 Amendment – Section 111.1 (IPMC, 2021 Edition) Section 111.1 is appended to add the following sentence:

Section 111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. In order for the application for appeal to be valid, payment of the appeal hearing fee must be received at the time of the application for appeal is submitted to the city.

15.06.340 Amendment – Section 112.4 (IPMC, 2021 Edition)

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Section 112.4 is hereby replaced in its entirety with the following:

Section 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order is in violation of this code shall receive a penalty per IMPC Section 106.4.

15.06.350 Amendment – Section 202 (IPMC, 2021 Edition)
Section 202 is amended as follows:

Section 202 Garbage. Garbage shall be defined pursuant to Norco Municipal Code Section 6.42.010.

Justification:

1. Norco Municipal Code Section 6.42.010 has already defined this term.

15.06.360 Amendment – Section 202 (IPMC, 2021 Edition)
Section 202 is amended as follows:

Section 202 Rubbish. Rubbish shall be defined pursuant to Norco Municipal Code Section 6.42.010.

Justification:

1. Norco Municipal Code Section 6.42.010 has already defined this term.

15.06.370 Amendment – Section 302.1 (IPMC, 2021 Edition) Section 302.1 is amended as follows:

Section 302.1 Sanitation. The property exterior and premises shall be maintained by the property owner in a clean, safe, and sanitary condition. In residential zones, accumulations of building materials, junk, rubbish, garbage, debris, scrap materials, boxes or similar storage containers, household items or residential belonging or similar objects, except items designed for exterior use such as lawn furniture, shall not be stored or maintained in the front yard area or unenclosed patios, porches or areas visible from any street or public way or accessible to the public for a period of time in excess of seventy –two consecutive hours. Property owners shall remain liable for violations thereof regardless of any contract or agreement with any third party regarding such property. The owner of any building lot or premises within the City where a business, trade or profession has established a fixed place of business pursuant to Norco Municipal Code section 8.04, shall also comply with the requirements of Title 8 of the Municipal Code.

Justification:

1. The property owner is always held responsible for the proper maintenance of their property.

This also sets a standard and time-frame that exterior storage is allowed in residential zones and refers user to Title 8 for specific requirements for commercial uses/properties.

15.06.380 Amendment – Section 302.2 (IPMC, 2021 Edition) Section 302.2 is hereby appended with the following:

Section 302.2 Grading and drainage. Premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Excess or concentrated drainage shall be contained on site or directed to the nearest practicable drainage facility approved by the code official.

Justification:

1. To comply with 2022 California Building Code Section J109.4

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15.06.390 Amendment – Section 302.4 (IPMC, 2021 Edition) Section 302.2 is amended as follows:

Section 302.4 Weeds. The term shall be replaced by “Weeds in accordance with The City of Norco Municipal Code Sections 9.40.010.”

15.06.400 Amendment – Section 302.8 (IPMC, 2021 Edition) Section 302.8 is hereby appended as follows:

Section 302.8 Motor Vehicles. Add sentence to paragraph: “Refer to Norco Municipal Code Chapter

6.24 for vehicle abatement and removal regulations.”

15.06.410 Amendment – Section 303.2 (IPMC, 2021 Edition) Section 303.2 is hereby amended with the following:

Section 303.2. Enclosures. Except as provided for in other regulations, private swimming pools, hot tubs, spas and ponds, containing water more than 18 inches (457 mm) in depth shall be completely surrounded by a fence or barrier 60 inches (1219 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such
barriers shall be self-closing and self-latching. Where the self-latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced, changed or maintained in a manner that reduces its effectiveness as a safety barrier.

Exception: Pool fences or barriers that do not meet the above minimum requirements can remain as long as the fence or barrier complied with the building code provisions at time of building permit and passed the final inspection from the city.

Justification:

1. To comply with the guidelines of the 2019 California Building Code Section 3119B and the Swimming Pool Safety Act of the California Health & Safety Code Section 115920.

15.06.420 Amendment – Section 304.14 (IPMC, 2021 Edition) Section 304.14 is hereby amended with the following:

Section 304.14 Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

15.06.430 Amendment – Section 304.15 (IPMC, 2021 Edition) Section 304.15 is hereby amended with the following:

Section 304.15 Doors. All exterior doors, door assemblies including weather stripping, thresholds, and hardware shall be maintained in good condition.

Justification

1. To comply with California Health and Safety Code Section 17920. 3.

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15.06.440 Amendment – Section 304.16 (IPMC, 2021 Edition) Section 304.16 is hereby amended with the following:
304.16 Under-Floor areas. Under-floor access doors and ventilation openings shall be maintained to prevent the entrance of rodents, rain and surface drainage water. Doors shall be tight fitting and ventilation openings shall be properly screened with corrosion-resistant wire mesh having openings not exceeding 1/4 inch and minimum of 1/8 inch in any dimension or alternate approved materials pursuant to 2019 CBC 1202. 4. 1.

Justification:

1. To comply with California Health and Safety Code Section 17920.

15.06.450 Amendment – Section 304.18.2 (IPMC, 2021 Edition) Section 304.18.2 is hereby amended with the following:
304.18.2 Windows. Operable windows that provides access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device when they are located in whole or in part within 12 feet above ground level or walking surface or 6 feet horizontally from the ground, a roof, or any other platform.

Justification

1. To comply with California Civil Code Section 1941. 3(a) 2.

15.06.460 Amendment – Section 305.1 (IPMC, 2021 Edition) Section 305.1 is hereby amended with the following:
305.1 General. The interior of a structure and equipment therein including but not limited to cabinets, counters and hardware shall be maintained in good repair, structurally sound and in a sanitary condition.

Occupants shall keep that part of the structure that they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.

Justification:

1. To comply with California Health and Safety Code Section 17920.3(a) 14

15.06.470 Amendment – Section 305.6 (IPMC, 2021 Edition) Section 305.6 is hereby amended with the following:
305. 6 Interior Doors. Every interior door and hardware shall be properly installed and maintained in a workmanlike manner and capable of being opened, closed and latched.

Every interior door shall fit reasonably well within its frame and shall be securely attached to the jambs, headers or tracks as intended by the manufacturer of the attachment hardware.

Justification:

1. To comply with California Health and Safety Code Section 17920.3(a) 14

15.06.480 Amendment – Section 307.1 (IPMC, 2021 Edition)

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Section 307.1 is hereby replaced in its entirety with the following:

Section 307.1 General. Handrails and guards shall be constructed and maintained in accordance with the California Code they were permitted under.

15.06.490 Amendment – Section 309.1 (IPMC, 2021 Edition) Section 309.1 is hereby amended with the following:
309.1 Infestation. All structures shall be kept free from insect, rodent and vermin infestation. When an insect, rodent or vermin infestation is brought to the attention of the code official, he or she may require the owner or owner’s authorized agent having charge or control of the building, lot or premise to hire a licensed exterminator or other qualified professional to inspect the building, lot or premise and provide a written report verifying the presence and severity of such infestation including in the report a recommendation for proper extermination of the infestation. All structures in which insect, rodent or vermin infestations are found, shall be promptly exterminated by approved processes that will not be injurious to human health. After the extermination of the infestation is complete, the code official may request a written notice from the licensed exterminator or other qualified profession attesting to the completion and success of the recommended extermination procedures. After the infestation is eliminated, proper precautions shall be taken to prevent reinfestation.

Justification:

1. California Health and Safety Code Sec 17920.3(12) states "Infestation of insects, vermin, or rodents as determined by the health officer." renders dwelling units substandard. The language has been amended to clarify the process.

15.06.500 Amendment – Section 309.2 (IPMC, 2021 Edition) Section 309.2 is hereby amended with the following:
309.2 Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure. The owner of a structure or premise containing a dwelling unit, multiple occupancy, rooming house or a nonresidential structure shall be responsible for maintaining the structure and premise in a rodent and/ or pest -free condition. If an infestation is caused by an occupant substantially failing to properly maintain their occupied area of the structure or premise as clean and sanitary as the condition of the structure or premise permits". For as long as the occupants failure either substantially causes an unlivable condition to occur, or substantially interferes with the owners ability to repair the condition, the owner does not have to repair the condition. Where the infestation is caused by defects in the structure, the owner shall be responsible for extermination.

Justification:

1. To agree with California Civil Code Section 1941. 2(a)

15.06.510 Amendment – Section 309.3 (IPMC, 2021 Edition) Delete Sections 309.3 Single Occupant through Section 309.5 Occupant in their entirety:

Justification:

1. To comply with the California Tenants Handbook guidelines.

15.06.520 Amendment – Section 404.4.1 (IPMC, 2021 Edition) Section 404.4.1 is hereby amended with the following:

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Section 404.4.1 Room Area. Every habitable room except kitchens shall contain not less than 70 square feet ( 6. 5 m2) and every bedroom shall contain not less than 70 square feet ( 6. 5 m2) and every bedroom occupied by more than one person shall contain not less than 50 square feet (4.6 m2) of floor area for each occupant thereof.

Justification:

1. This section revised to comply with 2022 California Residential Code requirements of Section R304.

15.06.530 Amendment – Section 505.4 (IPMC, 2021 Edition) Section 505.4 is hereby amended with the following:

Section 505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature not less than 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed unless the installation complies with Chapter 5 of the 2019 California Plumbing Code and Section 904.0 of the 2016 California Mechanical Code. An approved combination temperature and pressurerelief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.

Justification:

1. To comply with 2022 California Residential code guidelines for temperature measurements and reference the requirements of the CPC and CMC.

15.06.540 Amendment – Section 602.2 (IPMC, 2021 Edition) Section 602.2 is hereby amended with the following:

Section 602.2 Residential Occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms as measured per IPMC Section 602.5. Cooking appliances or fireplaces shall not be used, nor shall portable space heaters be used, as a means to provide required heating.

15.06.550 Amendment – Section 602.3 (IPMC, 2021 Edition) Section 602.3 is hereby amended with the following:

Section 602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms.

15.06.560 Amendment – Section 602.4 (IPMC, 2021 Edition) Section 602.4 is hereby amended with the following:

Section 602.4 Occupiable workspaces. Indoor occupiable workspaces shall be supplied with heat to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied.

Exceptions:

1. Processing, storage and operation areas that require cooling or special temperature conditions.

2. Areas in which persons are primarily engaged in vigorous physical activities.

15.06.570 Amendment – Section 702.1 (IPMC, 2021 Edition)

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Section 702.1 is hereby amended with the following:

Section 702.1 General: A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the California Building Code.

15.06.600 Violation—Penalty.

A. No person, firm, partnership, association or corporation shall violate any provisions of this chapter and any provisions of the codes, rules or regulations adopted in this title.

B. Any person, firm, partnership, association or corporation violating any of the provisions adopted in this title by reference, shall be guilty of an infraction, except where otherwise provided in this title. Any person violating a stop work order issued pursuant to the 2022 California Building Code, Chapter 1, Division II, Section 115.3, and the 2021 International Property Maintenance Code, Sections 109 and 110, shall be guilty of a misdemeanor.

Any person who continues to occupy or any person who enters a structure which has been posted “unsafe” by the Building Official pursuant to the 2022 California Building Code, Chapter 1, Division II, Section 116 and the 2021 International Property Maintenance Code, Sections 111, shall be guilty of a misdemeanor. Any person who maintains or fails to remove a structure which has been posted “unsafe” by the Building Official pursuant to the 2022 California Building Code, Chapter 1, Division II, Section 116 and the 2021 International Property Maintenance Code, Sections 111, shall be guilty of a misdemeanor.

C. Every person, firm, association or corporation violating any of the provisions of this chapter or provisions of the codes, rules or regulations adopted in this chapter by reference is guilty of a separate offense for each day or portion thereof during which the violation continues and shall be punishable therefor as provided in Section 1.05.030.

D. It is unlawful for any person, firm, partnership, corporation, association or joint venture, either as owner, architect, contractor, artisan or otherwise, to do or to cause or permit to be done any work as described in the California Building Standards Code as adopted by reference in this title in such a manner that such work does not conform to all the provisions of this title and the provisions of said California Building Standards Code, as so adopted by reference.

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City Council

STAFF REPORT
Date: September 6, 2023 Agenda Item:

6.A.

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

Review of the Draft Accessory Dwelling Unit (ADU) Legalization Program RECOMMENDATION:

That the City Council review the program and provide input.

SUMMARY:

On June 21, 2023, the City Council reviewed staff's recommendations for the creation of an ADU legalization program to encourage the legalization of second units constructed without permits. A draft of the program is now being provided for input from the City Council.

BACKGROUND:

On June 21, 2023, the City Council reviewed recommendations on the contents of a potential ADU legalization program. In summary, staff's recommended a program that could include program incentives such as anonymous/confidential pre-consultation, professional guidance on legalization, code enforcement delays, and financial incentives.

Program requirements such as the requirement for a construction cut-off date, a selfassessment checklist etc. were also recommended. The City Council directed staff to move forward with the creation of an ADU legalization program, but that the draft program come back for review by both the Planning Commission and City Council.

Attached for the City Council's review is the draft program handout that has been reviewed by the Planning Commission. The handout consists of a chart for legalization, a self-assessment questionnaire, and a page for frequently asked questions. In summary, the path for legalization would consist of the following:
• Completing a self-assessment checklist - to determine if ADU legalization is right for a homeowner;

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• An eligibility conversation - Calling the City of Norco’s Building official for a conversation about legalizing the ADU, including requirements and expectations, and to offer a virtual walkthrough of the unit. Staff will not ask for names or addresses a this point;
• Initial inspection - If the applicant determines they should move forward, an initial in-person inspection can be conducted on the property by City staff, or the applicant hires an architect or engineer to provide a “Structural Observation Report.” Upon inspection by City staff, the homeowner is now obligated follow through to fix violations to any basic health and safety codes as soon as reasonably possible. At this point, the homeowner is well aware of what plans will be required for submittal;
• Hiring a professionals for the legalization - The homeowner will need to hire a draftsman to draw building plans and a contractor to make repairs and changes (as needed) to the ADU. The draftsman/contractor or homeowner will submit plans to the City for plan check. Building plan check fees will need to be paid at the time of submittal.
• Permit issued - The Building Department issues a building permit (payment of building permit fees is required unless waived as an incentive - recommended fee waivers are noted below). At this time, any construction, and repairs to the ADU may begin.
• Final Inspection: After all construction/repairs are completed, the contractor schedules a final inspection with the Building Department. Once a building inspector clears the structure, the ADU has now been legalized.

The Planning Commission stressed the need for a property owner's upfront knowledge of the cost involved so that they can decide to move forward with legalizing an ADU. A confidential third party inspector was suggested as a means of providing confidential inspections that would lay out the necessary work for legalization, so that a cost assessment could be done before involving the City. This option could be explored further; however, the same could be achieved if a homeowner scheduled an anonymous virtual inspection with our Building Official. In this case, the City would not incur an additional cost of contracting with a third party inspector. Staff is recommending that that program commence with the option of virtual inspections (as noted in the program above), while staff explores the feasibility of a third party inspector.

The construction cut-off date for eligibility for this program is for second units constructed prior to January 1, 2018, which is consistent with State law. Per state law, if a person seeks to legalize an unpermitted ADU that was constructed prior to January 1, 2018 by applying for a permit, the City cannot deny their permit on the basis that the existing structure violates Building Code, the ADU Law, or the City’s ADU Ordinance unless the City finds that the violation must be corrected “to protect the health and safety of the public or occupants of the structure.” For example current Building Code requirements would not be applied as long as health and safety issues are addressed.

Staff is recommending the following fee waivers. Over time, the value of these fee waivers will be tracked in order to document the $250,000 in ADU incentives that the City

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committed to provide as part of the City's Housing Element. The fee incentive program would include the following:
• Should a homeowner agree to on on-site inspection for the ADU, this special inspection cost of $265 would be waived.
• There are several fees involved when it comes time to issue a permit (see the attached Sample ADU permit fees). For ADUs 750 square feet or more, the total fees are much higher because payment of impact fees is required in addition to permit fees. Staff is recommending the following:
• For ADUs under 750 square feet - City building permit fees should be waived with the exception of required State and pass-through fees (i.e. school and MSHCP fees). The attached Sample of ADU fees for 749 square feet shows an estimated total cost of $12,798. With this waiver, it would be reduced down to an estimated cost of $10,923.
• For ADUs 750 square feet and over - a 50% wavier of Development impact Fees (DIF) can be provided. The attached Sample of ADU fees shows an estimated total cost of $32,973 for an ADU of 1,195 square feet, including the DIFs. The DIFs for an ADU of this size would be $14,000. If 50% ($7,000) of the DIFs fees are waived, the total fees would be reduced down to an estimated cost of $25,973.

The homeowner would still be required to pay the plan check fee to initiate the plan check (estimated average cost is $591 to $1009) at the start of the process. This is recommended to ensure that the owner is committed to the actual ADU construction.

It is recommended that the City Council provide feedback on the proposed fee waiver program. With that input, a resolution will be brought back at the next available meeting to formally authorize implementation of the program.

FISCAL IMPACT:

Once established, the level of permit waivers or other incentives is estimated not to exceed $250,000 for the duration of the program. Additional funding could be sought should State and or County grant programs become available.

RELATIONSHIP TO STRATEGIC PLAN:

This item is consistent with Strategic Plan Direction No. 1 - Public Health, Safety & Wellness: Enhance quality of life by promoting public health, safety and wellness initiatives for all community members; Action Plan No. 5 - Implement the actions identified in the General Plan 2021-2029 Housing Element: Sub-action 5.3: Develop financial assistance programs to bring unpermitted second units into compliance.

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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ATTACHMENT(S):

ADU Legalization Packet Rev. 2
Sample ADU Permit Fees-Legalization Program

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ACCESSORY DWELLING UNIT (ADU)

LEGALIZATION PROGRAM
PART 1: PATHWAY TO A LEGALIZED ADU
Complete self-assessment checklist
Use the attached checklist to determine if ADU legalization is right for you.

Eligibility conversation
Call the City of Norco’s Building official at (951) 270-5683 for a conversation about legalizing your ADU, including requirements and expectations, and to schedule virtual walkthrough of the unit. We won’t ask for your name or address.

Initial inspection
An initial in-person inspection is conducted on the property by City staff, or the applicant hires an architect or engineer to provide a “Structural Observation Report.” Upon inspection, you are obligated to fix violations to any basic health and safety codes as soon as reasonably possible.

Hire professionals for the legalization
Hire a draftsman to draw building plans and a contractor to make repairs and changes (as needed) to your ADU. Your draftsman/contractor will submit plans to the city of building plan check. Building plan check fees will need to be paid at the time of submittal.

Permit issued
The Building Department issues a building permit. At this time, any construction, and repairs to the ADU may begin.

Final Inspection
After all construction/repairs are completed, the contractor schedules a final inspection with the Building Department. Once a building inspector clears the structure, your ADU has been legalized!
1 2
3 4
5 6

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PART 2: SELF-ASSESSMENT CHECKLIST
SECTION A. ABOUT THE UNIT TO BE LEGALIZED
Please fill out the table below. You may enter an estimated year when applicable. For total square footage, add the square footage of all living areas connected by a door or other opening, including bathrooms and closets.

SECTION B. ADU CHARACTERISTICS
Please fill out the table below. Each “No” answer on the checklist below indicates that a repair or a degree of reconstruction is needed. You can obtain estimated costs for this work by speaking with professional contractors. If the city inspection observes basic health and safety hazards, you must fix such items as soon as reasonably possible. For life-threatening hazards, you may be obligated to vacate the unit and move the occupants into other premises until repairs are made.

Question Yes No Not Sure
or Not
Applicable
Notes
Setbacks

1. If detached, is the ADU a minimum 4 feet away from any property line?

2. If detached, is the ADU no greater than 16 feet in height?

3. If attached to a two-story house, is the ADU no greater than 24 feet in height?
Basic Health and Safety

4. Is the unit free of significant structural damage or defects due to deterioration, such as tilting walls or sagging roofs that present hazards?

5. Is the unit free of sewer gas smells?

6. Is the unit free of exposed electrical wiring?

Check your type of unit/s below.

Total
square
feet (sf) of
ADU
Year home
was built
Year
ADU was built
or converted
 Attached Garage Conversion - An attached garage was
converted to a living unit.
 Attached House Addition – An ADU added to the existing house main house.
 Detached Unit Construction or Conversion - A living
unit was constructed separate from the main home, or a
detached garage, shed, barn or other structure was
converted to a living unit.
 Interior Room Conversion - A room within the main home was converted to a living unit.

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7. Are rooms used for sleeping free of a gas furnace, water heater, stove or other gas appliance?

8. Is there a smoke detector in the unit and in each bedroom?

9. Is there a carbon monoxide detector in the unit?

10. Is there a direct exit from the unit to the outside?

11. Does the unit have a foundation?
Other Unit Characteristics

12. Are the roof, walls, and floors free of holes and any leaks?

13. Is there a toilet?

14. Is there a shower or tub and a sink with running hot and cold water?

15. Is there an exhaust fan or operable window to vent the bathroom?

16. Does the unit have its own heating system with a thermostat?

17. Does the unit have facilities for cooking and a kitchen sink?

18. Does the unit have an exterior door that is at least 3’ wide and 6’8” high?

19. Are there working electrical outlets and light switches in all rooms?

20. Does the electrical panel box serving the unit have adequate capacity with appropriate fuses and circuit breakers?

21. Does the occupant have access to the circuit breakers for the ADU without entering the main house?

22. If stairs are needed to access the ADU, is there a handrail and guards?

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PART 3: FREQUENTLY ASKED QUESTIONS
1) WHY SHOULD I LEGALIZE MY ADU?
Legalizing an unpermitted ADU has multiple benefits. Having a permitted ADU on your property increases property values. Additionally, permitted ADUs also allows property owners to legally rent out the unit for extra income, and helps avoid any future problems with neighbors and/or City Code Enforcement.
2) WHAT ARE THE PROGRAM QUALIFICATIONS?
ADU’s constructed without a Building Permit before 01/01/2018 are eligible. Both attached and detached structures will be considered including garage conversions. ADU’s up to 1200 SF and no greater than 1-story are allowed in the City of Norco. 3) ARE THERE ANY OTHER FEES ASSOCIATED WITH THE PROGRAM? Development Impact Fees (DIF) will apply to ADU’s 750 SF or larger. Units 749 SF and smaller are exempt from DIF fees.
4) CAN I CHANGE MY MIND IF I DECIDE THAT THE PERMITTING AND CONSTRUCTION PROCESS IS TOO MUCH FOR ME TO HANDLE?
Yes, you can decide not to proceed with the legalization of the ADU at any point during the process. If the process goes as far as plans are submitted for Building plan check, plan check fees will be charged to the applicant before the plan review can commence. If the applicant decides not to proceed with the project after the plans area submitted, plan review fees cannot be refunded.
5) ARE FIRE SPRINKLERS REQUIRED FOR A NEW ADU?
Maybe. If the existing main house is equipped with a Fire Sprinkler system, then the ADU will also be required to install a fire sprinkler system. The Fire Department may also require sprinklers if the existing house is increased for the ADU. 6) ARE SEPARATE UTILITES REQUIRED FOR AN ADU?
ADU’s 750 SF or greater are required to supply a separate water meter. For units 749 SF or less, the water meter can be shared with the main house. Any ADU can share gas, electrical, phone, trash etc. services with the main house.

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Sample Project 1,195 SF Detached ADU 748 SF Det. ADU
Fee Items ($187,000 valuation) ($88,000 valuation)
Address Assignment Fee 105.65 105.56
Building Plan Check Fee 1,009.00 591.34
Building Permit Fee 1,480.95 909.75
Fire Plan Review 351.00 351.00
Mechanical Permit 262.90 164.56
Electrical Permit 298.75 187.00
Plumbing Permit 286.80 179.52
Water/Sewer Connection Fee (Applies over 749 SF) 247.15 N/A Construction & Demolition (Deposit, Can be Refunded) 1,170.32 732.55 New Roof Top Storm Drainage Fee 23.90 14.96
General Plan Maintenance Fee 374.00 176.00
Strong Motion Impact Fee (SMIF) 24.31 11.44
California Building Standards Admin Fee 7.48 3.52
Scanning & Archive Fee 151.50 75.00
Technology Fee (5%) 110.13 63.07
Water Capital Fund DIF 1,864.80 N/A
SFR Sewer Facilities Fund DIF 2,453.60 N/A
Storm Equipment Replacement Fund DIF 1,018.00 N/A
SFR Public Meeting Facilities/Library DIF 1,327.20 N/A
SFR Street Improvements Fund DIF 1,624.80 N/A
SFR Parks DIF 4,728.40 N/A
SFR General Government Facilities DIF 479.60 N/A
SFR Animal Control DIF 100.40 N/A
SFR Fire DIF 404.00 N/A
Multiple Species Habitat Conservation Plan (MSHCP)* 1,694.30 N/A School Fees ($4.79 SF, Collected by School District) 5,724.05 3,582.92 2nd Water Meter Fee/Cost (Average Cost) 5,000.00 5,000.00 Fire Sprinkler Permit (If Required) Average Cost 650.00 650.00 Total Estimated Cost for Permit and Fees $32,972.99 $12,798.19 DIF= Development Impact Fees. These Fees are calculated at proportionalty to the size of the existing "Main House". *Fees that can be waived in the ADU legalization program DIF fees apply for ADU's 750 SF and larger.
*2nd Water Meter required for new detached buildings per Public Works/Engineering *TUMF Fees do not apply for ADU's
*Fire Sprinklers are required for ADU's when the main house is equipped with sprinklers *MSHCP Fees are a DIF fee charge by Riverside County and calculated proportionalty to the size of the existing house.

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City Council

STAFF REPORT
Date: September 6, 2023 Agenda Item:

7.A.

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

Appeal Hearing: An appeal of the Planning Commission’s approval of Conditional Use Permit (CUP) 2023-07 (Cook), which allowed a total of 38 animal units and 7 dogs, with the number of dogs subject to a sunset clause at 4680 Pedley Avenue within the A-1 (Agricultural, Low Density) Zone. (APN: 153-150-020).

RECOMMENDATION:

Uphold the Planning Commission’s decision for CUP 2023-07 to allow 38 animal units and 7 dogs with the number of dogs subject to a sunset clause.

SUMMARY:

The applicants, Tim and Jennifer Cook, appealed the decision by the Planning Commission to allow a total of 38 animal units and 7 dogs with the number of dogs subject to a sunset clause for CUP 2023-07. The applicant is requesting that the City Council allow a total of 40 horses and 7 dogs, with the number of dogs subject to a sunset clause.

Staff recommends that the City Council uphold the Planning Commission’s decision.

BACKGROUND:

The Planning Commission held a public hearing for Conditional Use Permit 2023-07 on August 9, 2023 (ref. Exhibit “A” – Staff Report with all Exhibits), with the applicant requesting a total of 40 horses and 7 dogs. After consideration of all public testimony written and oral, the Planning Commission approved a total of 38 animal units (as recommended by staff) and 7 dogs, with a sunset clause applicable to the number of dogs.

The sunset clause allows a total of 7 dogs on the property. However, dogs permanently leaving the property through attrition, such as a change of the dog’s ownership, the dog’s relocation, or move-out of the dog’s owner/s, and/or the animal’s death, reduces the number of allowed dogs on the property until the number of dogs reaches the baseline amount of 4.

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The applicant is appealing the Planning Commission’s decision and is requesting that the City Council allow a total of 40 animal units and 7 dogs, with the number of dogs subject to a sunset clause. Based on Animal Control’s site visits and past precedent, Animal Control recommends that a total of 38 animal units and 7 dogs be allowed on the property.

Staff recommends that the City Council uphold the Planning Commission’s decision which is in line with Animal Control’s recommendations. The attached resolution reflects staff's recommendation.

Should the City Council determine to overturn the Planning Commission’s decision and allow a different number of animal units and dogs on the property, a revised resolution of approval will be brought back to the City Council at the scheduled meeting of October 4, 2023.

Noticing: Notices of said appeal were mailed to surrounding property owners within the required radius with at least 25 properties notified as required for public hearings. One letter was received in favor of increasing the number of allowed animal units on the property from 38 to 40.

FISCAL IMPACT:

Not applicable for this item.

RELATIONSHIP TO STRATEGIC PLAN:

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

REVIEWED AND APPROVED BY:

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

Resolution 2023-XX for CC
Exhibit A - Staff Report Packet for CUP 2023-07 with All Exhibits

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RESOLUTION 2023-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO

GRANTING WITH CONDITIONS, A CONDITIONAL USE PERMIT TO
ALLOW 13 ADDITIONAL ANIMAL UNITS AND 3 ADDITIONAL DOGS
FOR A TOTAL OF 38 ANIMAL UNITS AND 7 DOGS AT 4680 PEDLEY AVENUE WITHIN THE A-1 ZONE. CONDITIONAL USE PERMIT 2023- 07 WHEREAS, Jennifer Cook submitted an application for a Conditional Use Permit to the City of Norco, California under the provisions of Chapter 18.45, Title 18 of the Norco Municipal Code, on property located at 4680 Pedley Avenue (APN 153-150-020); and
WHEREAS, Conditional Use Permit 2023-07 was duly submitted to said City’s Planning Commission for decision at a public hearing for which proper notice was given; and
WHEREAS, Conditional Use Permit, 2023-07 was scheduled for a public hearing on August 9, 2023, on or about 7:00 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the Planning Commission held a public hearing and received both oral and written testimony pertaining to Conditional Use Permit 2023-07; and
WHEREAS, said Planning Commission approved Conditional Use Permit 2023- 07; and
WHEREAS, said approval was appealed to the City Council of the City of Norco and was scheduled for a public hearing before the City Council on September 6, 2023; and
WHEREAS, notice of a public hearing on said petition was given in the manner and for times required by law; and
WHEREAS, at the time set; at 7:00 p.m. on September 6, 2023 within the Council Chambers at 2820 Clark Avenue, Norco, California, 92860, said appeal was heard by the City Council for the City of Norco; and
WHEREAS, at said time and place set, said City Council considered both oral and written evidence pertaining to said application and conducted a de novo review of the application for a conditional use permit; and

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Resolution 2023-__
September 6, 2023
WHEREAS, the City of Norco, acting as the Lead Agency, has determined that the proposed project is exempt from environmental assessment.

NOW, THEREFORE, be it resolved that the City Council of the City of Norco, California, does hereby find and determine by formal action based on the evidence presented during said hearing as follows:

FINDINGS:

A. The requested Conditional Use Permit will not adversely affect the General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. No new development is proposed with this project.

Therefore, criteria used to make this finding is based on inspections of the site and if the site can safely accommodate the proposed land use. The property and its surroundings have been analyzed by the City’s Planning Division and the Animal Control Division. Inspections conducted by Animal Control shows that the site is compatible with the proposed use and can safely accommodate a total of 38 animal units and 7 dogs subject to conditions. When the proposed land use is operated in compliance with conditions of approval, the use will not adversely affect the General Plan or the public convenience or general welfare of persons residing or working in the neighborhood.

B. The requested use will not adversely affect the adjoining land uses, and the growth and development of the area in which it is located. The underlying A-1-20 zoning designation on the subject property and the surrounding area allows for animal keeping. When operated in compliance with all conditions of approval, the proposed use will not adversely affect adjoining land uses or the growth and development of the surrounding area.

C. The size and shape of the site is adequate to allow the proposed use. The size and shape of the subject lot is adequate to facilitate the proposed total of 38 animal units and 7 dogs, based on the determination of the City of Norco Animal Control Division and compliance with all conditions of approval.

D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The traffic generated by 38 animal units and 7 dogs on the site will not impose an undue burden on street and highways in the area, based on compliance with conditions of approval.

E. The City of Norco, acting as lead agency, has determined that the project is categorically exempt from California Environmental Quality Act (CEQA) review, pursuant to Class 32 – Infill Development Projects. The project is consistent with the intent of the underlying Residential Agricultural General Plan Designation, the A-1-20 (Agricultural Low Density) Zone and occurs within a developed site of under 5 acres.

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Resolution 2023-__
September 6, 2023
SECTION 1: The City Council of the City of Norco, California, in regular session assembled September 6, 2023, that the aforesaid application for a Conditional Use Permit is hereby granted subject to the conditions provided in Chapter 18.45 of the Municipal Code of Norco, and including, but not limited to the following conditions:

1. Approval is based Exhibit “D” (reference in the Planning Commission Report dated August 9, 2023) incorporated herein by reference and on file with the Planning Department. The operation 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.

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), and these conditions of approval, not specifically waived in compliance with City procedures shall constitute cause for beginning immediate and automatic revocation and/or termination of the approvals granted under authority of permit, bypassing City Code compliance procedures.

4. Areas where animals are kept shall be maintained in a clean and sanitary condition. City staff shall have a right upon request, to enter the property at any time for inspection.

5. Animal waste must be removed from property completely.

6. No more than 38 animal units and 7 dogs shall be kept/housed on the property. Keeping more than 38 animal units and 7 dogs on the property without City approval shall constitute cause for revocation of this Conditional Use Permit.

7. The total number of dogs initially approved with this permit is 7. However, dogs permanently leaving the property through attrition, such as a change of the dog’s ownership, the dog’s relocation, or move-out of the dog’s owner/s, and/or the animal’s death shall reduce the number of allowed dogs on the property until the number of dogs reaches the baseline amount of 4.

8. It is hereby established that it shall be grounds for revocation of this conditional use permit if the permittee, their agent or assigns, or employee(s) of their establishment, or any other person connected or associated with the permittee or their business establishment, or any person who is exercising managerial authority of the business establishment has:
a) Violated any rule, regulation or condition of approval adopted by the Planning Commission relating to the conditional use permit; or

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Resolution 2023-__
September 6, 2023
b) Conducted the operation permitted hereunder in a manner contrary to the peace, health, safety and general welfare of the public or in a manner which either generates or contributes to noise and/or health/sanitation nuisances, or which results in creating an increased demand for public services.

9. Any future modification of the operations shall be reviewed and approved by the Planning Division and at the discretion of the Community Development Director.

City of Norco Animal Control Conditions for approval and maintenance of a Conditional Use Permit:

10. All dogs must remain current on rabies vaccines and licenses. Four (4) dogs belonging to the property owners and three (3) dogs belonging to tenants in Accessory Dwelling Unit (ADU).

11. No dog is allowed to molest or harass animals, birds, or pets upon the premises of any person. Said dog to be received, take up and impounded (NMC 6.12.100 (C)).

12. The horse’s stalls to the rear of the property by the drainage ditch must have two (2) barriers (mesh, hay, straw) to prevent manure run-off: NMC 6.45.040 (A)(6) and prevent water contamination. See attachment #12 on the Animal Control After Action Report. The yellow box is the area of reference.

13. The property will be proactive in fly control: NMC 6.60.010. Especially due to the year-round livestock diseases that can spread. Property shall implement fly traps/devices.

14. All animals must be provided with all necessities and follow the language of Penal Code 597 along with other Federal animal laws and Norco Municipal Code(s).

15. The property shall not exceed the legal limit on animal units and dogs.

16. Owners must comply with property inspections and pay annual inspection fees.

17. Owners must notify Norco Animal Services if there is any change in the ownership of dogs and/or animal units.

18. The property must maintain a manure services and container/carts per Chapter 6.45. Recommend initial daily cleaning be done in the morning.

19. Must maintain a City business license related to the scope of business.

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Resolution 2023-__
September 6, 2023
SECTION 2: EFFECTIVE DATE. This resolution shall become effective upon approval by the City Council of the City of Norco.

SECTION 3: NOTICE IS HEREBY GIVEN that this decision is final and that Code of Civil Procedure section 1094.6 provides that challenges to certain administrative decisions must be brought within 90 days by filing a petition for writ of mandate in the Superior Court.

PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on September 6, 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 at a regular meeting of the City Council of the City of Norco, California, duly held on September 6, 2023, by the following roll call vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on September 6, 2023.

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Resolution 2023-__
September 6, 2023
_______________________
Dana Roa, CMC, City Clerk
City of Norco, California

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Planning Commission

STAFF REPORT
Date: August 9, 2023 Agenda Item:

5.A.

To: Honorable Chair and Commission Members
Prepared By: Vince Acuna, Senior Planner
Department: Planning
SUBJECT:

Conditional Use Permit 2023-07 (Cook): A request to allow 15 additional animal units and 3 additional dogs for a total of 40 animal units and 7 dogs at 4680 Pedley Avenue within the A-1 (Agricultural, Low Density) Zone. (APN: 153-150-020) RECOMMENDATION:

Planning staff recommends approval of Conditional Use Permit (CUP) 2023-07 subject to the attached Conditions of Approval on Resolution 2023-15, which allows for a total of 38 animal units and 7 dogs on the property.

SUMMARY:

The subject property is allowed 25 animal units based on the lot size of 94,960 square feet, per Norco Municipal Code (NMC) Section 18.13.06. Moreover, A total of 4 dogs per lot is allowed per NMC Section 6.12.015. The requested CUP is to allow 15 additional animal units and 3 additional dogs on the subject property, for a total of 40 animal units and 7 dogs.

BACKGROUND:

PROPERTY DESCRIPTION: The project site is a rectangular parcel measuring approximately 2.18 acres (94,960 square feet), having frontage of approximately 105 feet along the west side of Pedley Avenue, and a maximum depth of 630 feet. (Ref. Exhibit “A” – Location Map and Exhibit “B”– APN Map). The lot is within the A-1 (Agricultural LowDensity) Zone and is surrounded by residential uses within the same zone. A horse trail is located along the front of the subject site.

The property site is developed with an existing single-family residence and several accessory structures including horse stall covers related to a previous Conditional Use Permit, which is further discussed in the subsequent section of this report. (Ref. Exhibit “C” – Aerial and Photos, and Exhibit “D” – Project Plans). The lot was created before a recorded Primary Animal Keeping Area (PAKA) was required, but ample space is provided for open animal keeping.

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PROJECT DESCRIPTION: The property was previously allowed a total of 38 animal units with the approval of CUP Permit 98-12 on December 9, 1998, which included a provision that an expiration to the CUP would be triggered when the property changed ownership.

Because the property changed owners, the previous CUP expired, reverting the animal allowance on the subject property to the baseline number of 25 animal units and 4 dogs, per City code. This current CUP request is to re-establish the allowance of additional animal units on the property, with the request of having 2 more animal units and 3 more dogs than the previous CUP. This request is allowed to be filed with a recommendation from Animal Control Services Animal Control Services, which supports the request for additional animals but recommends a maximum of 38 animal units instead of the requested 40. The additional animal units are being requested for the applicant to continue operating a horse boarding facility, similar to the previous owner.

ANALYSIS: The request for additional animal units is reviewed on a case-by-case basis.

The City’s Animal Control Division is contacted to perform a site inspection and provide Planning Commission with a recommendation. Animal Control Services has inspected the site and has determined that a total of 38 animal units and 7 dogs is appropriate. If the Conditional Use Permit is granted, conditions of approval specific to animal services must be included (Ref. Exhibit “E” – Animal Control After Action Report).

CONDITIONAL USE PERMIT: The purpose of a Conditional Use Permit (CUP) is to review the location, site development, and/or conduct of certain land uses and buildings.

These are uses which generally have a unique and distinct impact on the area in which they are located or are capable of creating special problems for adjacent properties unless given special review and special conditions. A Conditional Use Permit may be granted at the discretion of the Planning Commission.

NMC Chapter 18.45.14 requires the Planning Commission to make certain findings prior to granting a Conditional Use Permit. These findings and justifications to these findings are below and reflects staff’s recommendation of allowing a total of 38 animal units and 7 dogs on the property.

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

No new development is proposed with this project. Therefore, criteria used to make this finding is based on inspections of the site and if the site can safely accommodate the proposed land use. The property and its surroundings have been analyzed by the City’s Planning Division and the Animal Control Division.

Inspections conducted by Animal Control shows that the site is compatible with the proposed use and can safely accommodate a total of 38 animal units and 7 dogs subject to conditions. When the proposed land use is operated in compliance with conditions of approval, the use will not adversely affect the General Plan or the public convenience or general welfare of persons residing or working in the neighborhood.

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

The underlying A-1-20 zoning designation on the subject property and the surrounding area allows for animal keeping. When operated in compliance with all conditions of approval, the proposed use will not adversely affect adjoining land uses or the growth and development of the surrounding area.

3. The size and shape of the site is adequate to allow the proposed use.

The size and shape of the subject lot is adequate to facilitate the proposed total of 38 animal units and 7 dogs, based on the After Action Report from the City of Norco Animal Control Division and compliance with all conditions of approval.

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

The traffic generated by 38 animal units and 7 dogs on the site will not impose an undue burden on street and highways in the area, based on compliance with conditions of approval.

ENVIRONMENTAL DETERMATION: The City of Norco, acting as lead agency, has determined that the project is categorically exempt from California Environmental Quality Act (CEQA) review, pursuant to Class 32 – Infill Development Projects. The project is consistent with the intent of the underlying Residential Agricultural General Plan Designation, the A-1-20 (Agricultural Low Density) Zone and occurs within a developed site of under 5 acres.

PUBLIC NOTICING: Notices were mailed to surrounding property owners within the required radius with at least 25 properties notified as required by public hearings. No written comments were received at the time this report was written.

CONCLUSION: Evidence to assist the Planning Commission in making the required findings for granting the requested Conditional Use Permit are noted above. Staff is recommending approval and has attached Resolution 2023-15 for consideration.

REVIEWED AND APPROVED BY:

ATTACHMENT(S):

Resolution 2023-15 for CUP 2023-07
Exhibit A - Location Map
Exhibit B - APN Map
Exhibit C - Aerial and Photos
Exhibit D - Project Plans
Exhibit E - Animal Control After Action Report

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RESOLUTION 2023-15

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

NORCO GRANTING WITH CONDITIONS, A CONDITIONAL USE
PERMIT TO ALLOW 13 ADDITIONAL ANIMAL UNITS AND 3
ADDITIONAL DOGS FOR A TOTAL OF 38 ANIMAL UNITS AND 7
DOGS AT 4680 PEDLEY AVENUE WITHIN THE A-1 ZONE.

CONDITIONAL USE PERMIT 2023-07
WHEREAS, Jennifer Cook submitted an application for a Conditional Use Permit to the City of Norco, California under the provisions of Chapter 18.68, Title 18 of the Norco Municipal Code, on property located at 4680 Pedley Avenue (APN 153-150-020); and
WHEREAS, Conditional Use Permit 2023-07 was duly submitted to said City’s Planning Commission for decision at a public hearing for which proper notice was given; and
WHEREAS, Conditional Use Permit, 2023-07 was scheduled for a public hearing on August 9, 2023, on or about 7:00 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the Planning Commission held a public hearing and received both oral and written testimony pertaining to Conditional Use Permit 2023-07; and
WHEREAS, the City of Norco, acting as the Lead Agency, has determined that the proposed project is categorically exempt from environmental assessment.

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

I. FINDINGS:

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Resolution 2023-15
August 9, 2023
B. The requested use will not adversely affect the adjoining land uses, and the growth and development of the area in which it is located. The underlying A-1-20 zoning designation on the subject property and the surrounding area allows for animal keeping. When operated in compliance with all conditions of approval, the proposed use will not adversely affect adjoining land uses or the growth and development of the surrounding area.

C. The size and shape of the site is adequate to allow the proposed use. The size and shape of the subject lot is adequate to facilitate the proposed total of 38 animal units and 7 dogs, based on the After Action Report from the City of Norco Animal Control Division and compliance with all conditions of approval.

II. DETERMINATION:

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Norco, California, in session assembled August 9, 2023, that the application for Conditional Use Permit is approved, subject to the conditions provided in Chapter 18.45 of the Municipal Code of Norco, and including, but not limited to the following conditions:

1. Approval is based Exhibit “D” incorporated herein by reference and on file with the Planning Department. The operation shall occur as shown unless otherwise noted in these conditions.

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Resolution 2023-15
August 9, 2023

4. Areas where animals are kept shall be maintained in a clean and sanitary condition. City staff shall have a right upon request, to enter the property at any time for inspection.

5. Animal waste must be removed from property completely.

7. It is hereby established that it shall be grounds for revocation of this conditional use permit if the permittee, their agent or assigns, or employee(s) of their establishment, or any other person connected or associated with the permittee or their business establishment, or any person who is exercising managerial authority of the business establishment has:
a) Violated any rule, regulation or condition of approval adopted by the Planning Commission relating to the conditional use permit; or b) Conducted the operation permitted hereunder in a manner contrary to the peace, health, safety and general welfare of the public or in a manner which either generates or contributes to noise and/or health/sanitation nuisances, or which results in creating an increased demand for public services.

8. Any future modification of the operations shall be reviewed and approved by the Planning Division and at the discretion of the Community Development Director.

City of Norco Animal Control Conditions for approval and maintenance of a Conditional Use Permit:

9. All dogs must remain current on rabies vaccines and licenses. Four (4) dogs belonging to the property owners and three (3) dogs belonging to tenants in Accessory Dwelling Unit (ADU).

10. No dog is allowed to molest or harass animals, birds, or pets upon the premises of any person. Said dog to be received, take up and impounded (NMC 6.12.100 (C)).

11. The horse’s stalls to the rear of the property by the drainage ditch must have two (2) barriers (mesh, hay, straw) to prevent manure run-off: NMC 6.45.040 (A)(6) and prevent water contamination. See attachment #12 on the Animal Control After Action Report. The yellow box is the area of reference.

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Resolution 2023-15
August 9, 2023

12. The property will be proactive in fly control: NMC 6.60.010. Especially due to the year-round livestock diseases that can spread. Property shall implement fly traps/devices.

13. All animals must be provided with all necessities and follow the language of Penal Code 597 along with other Federal animal laws and Norco Municipal Code(s).

14. The property shall not exceed the legal limit on animal units and dogs.

15. Owners must comply with property inspections and pay annual inspection fees.

16. Owners must notify Norco Animal Services if there is any change in the ownership of dogs and/or animal units.

17. The property must maintain a manure services and container/carts per Chapter 6.45. Recommend initial daily cleaning be done in the morning.

18. Must maintain a City business license related to the scope of business.

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Resolution 2023-15
August 9, 2023
PASSED AND ADOPTED by the Planning Commission at a regular meeting held on August 9, 2023.

__________________________
Patricia Hedges, Chair
Planning Commission
City of Norco, California
ATTEST:
____________________
Alma Robles, Secretary
Planning Commission
City of Norco, California
I HEREBY CERTIFY that the foregoing Resolution was duly and regularly passed and adopted by the Planning Commission of the City of Norco at a regular meeting thereof held August 9, 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

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

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Exhibit "A"
Conditional Use Permit 2023-07
Jennifer Cook
4680 Pedley Avenue
PROJECT:

APPLICANT:

LOCATION:

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APN MAP
Exhibit “B”

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AERIAL AND SITE PHOTOS
Exhibit “C”

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SITE PLAN
4680 Pedley Ave
Norco, CA 92860
Parcel ID: 5248-015-008
Lot area: 2.18 Acres
Paper Size: ll"xl 7"
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Exhibit "D"

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CITY OF NORCO

ANIMAL SERVICES

AFTER ACTION REPORT

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FROM: Melvin Sparks III, Animal Services Superintendent DATE: June 22, 2023
SUBJECT: 4680 Pedley Avenue Norco CA 92860
ACTIVITY #: A23-002747 & A23-002746
INVESTIGATION TEAM #1: Melvin Sparks III #30194, Animal Services Superintendent
PROPERTY/ANIMAL OWNERS: Name: Timothy Lee and Jennifer Suzanne Cook Address: 4860 Pedley Avenue Norco CA 92860
Contact: 714-458-2823
REPORTING PARTY: 1. Donna Miller ([email protected])

2. Alissa Connell ([email protected])

3. Christin - Ashely Caltabiano
([email protected])

4. Kenneth Baca ([email protected])

5. Jessica Schwartz ([email protected])
SUPPORTIVE PARTY: 1. Tracy Oswalt ([email protected])

2. Missy Roybal ([email protected])

3. Ezra Leonardo ([email protected])

4. Christina Olmos ([email protected])

5. Ted Schwartzbach (512-921-0883)
PROPERTY SIZE: 2.180 Acres – 94,960 Square ft.

ANIMALS ON PROPERTY: Thirty-two horses and seven dogs
OFFICER STATEMENT:

March 28, 2023, due to an active Conditional Use Permit (CUP) (Permit # 98-12/ Resolution 98-47: David and Lori Hall) the property of 4680 Pedley Avenue was inspected. The property was inspected by Supervisor C. Morris and Animal Control Officer H. Grez, both Officers found no violations on the property.

April 12, 2023, Animal Control Officer (ACO) Sandoval was contacted by Ms. Schwartz to investigate the property and check the welfare of the animals present on the property.

Upon completion of the site visit, ACO Sandoval found no violations of Penal Code 597. (Attachment #1)
Exhibit "E"

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CITY OF NORCO

ANIMAL SERVICES

AFTER ACTION REPORT

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April 17, 2023, Norco Animal Services (NAS) received a complaint from Jessica Schwartz for concerns of horses not being cared for properly (feed, water and shade). April 18, 2023, Riverside Sheriffs (RSO) Deputy Bergert, ACO Sandoval and I responded to the property to check the welfare of the animals present on the property. All present animals looked in good physical health for their age. Animal assessment utilized the Henneke horse body condition scoring system. The reporting party’s concerns were for horses getting injured by the equipment/bolts, no water, manure needs clean up and horses in mud. Officer’s Findings: the items that injured the horses was removed/shaved down, all stalls had automatic waterers which were working properly, manure removal is daily ($1,800+ cost) and stalls were dry. Ms. Schwartz was concerned about her horse’s waterers being cut off and the possibility of the Cook’s releasing the horses in the riverbed, However, Officers advised the owner (Ms. Schwartz) that will not happen. Ms.

Schwartz concerns stemmed from an eviction notice from the Cooks.

Late April 2023, NAS received three additional complaints (Ms. Alissa Connell, Donna Miller and Ms. Christin-Ashley Caltabiano) for concerns of the animal’s welfare and concerns of no current CUP. April 24, 2023, NAS was contacted by Planning Department Planner Erika Woods-Diaz. Planner Woods-Diaz advised that the Halls came to talk with her earlier that date and pointed out that their CUP 98-12/ Resolution 98-47 for 4860 Pedley Avenue was expired per Page 4, Determination #12. (Attachment #13) April 27, 2023, NAS returned with Code Enforcement Officers Cathy Fiore and Sophia Thompson to address a structural concern to the rear of the property. Upon inspection of the property, no violations were found by NAS related to Penal Code 597. Code Enforcement found that the structure to the rear of the property needed to be permitted or modified due to the square footage. The process of CUP is being addressed by the Planning Department. (Attachment #2, 3 and 4)
May 1, 2023, I received an email complaint from a Mr. Kenneth Baca. Mr. Baca expressed his concerns about the property Tesoro Farms. (Attachment #5) May 4, 2023, I received an email from Tracy Oswalt, her email was in favor of the property. (Attachment #6)
May 4, 2023, I received an email from Ezra Leonardo, his email was in favor of the property. (Attachment #7)
May 4, 2023, I received an email from Christina Olmos, her email was in favor of the property. (Attachment #8)

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CITY OF NORCO

ANIMAL SERVICES

AFTER ACTION REPORT

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May 8, 2023, I received an email from Missy Roybal, her email was in favor of the property. (Attachment #9)
May 8, 2023, I received a hand-written letter from Ted Schwartzbach, his email was in favor of the property. (Attachment #10)
June 12, 2023, 1300 hours Director Anglin and I conducted an unannounced visit of the Tesoro Ranch. Upon entry to the rear of the property a phone call was made to owner Tim Cook on his cell phone. Mr. Cook welcomed us to view the ranch and asked his tenant to escort us throughout the ranch. Director Anglin and I did not observe signs of neglect or cruelty as defined by Penal Code 597. Director Anglin and I did have suggestions for the property. Those suggestions were emailed to the Cooks which they confirmed they will work on implementing those suggestions. (Attachment #11) July 5, 2023, at 1410 hours I returned to the address of 4680 Pedley Avenue. I made contact with Timothy and Jennifer Cook; they both escorted me throughout the property.

While on the property:
• I checked the physical condition of all the horses which was all in good visual health.
• I confirmed the property is still in compliance with manure control. • The property has implemented more insect control by spraying a barrier of inspect killer around all stalls weekly.
• All of the dogs on the property have proper containment and appear in good physical health by visual check.
• The area where the Cook’s keep their horse (rear of the property) was clean and there was a mesh attachment to the white vinyl fencing to prevent manure runoff. • In that area behind the vinyl fencing was a bioswale that was free of manure and green. After seeing the bioswale area and the added mesh fencing I felt confident with the Cook’s horse being house there. All animals are being provided the necessities as stated in Penal Code 567.

Based on the following, Norco Animal Services supports the property in their request for a Conditional Use Permit to maintain additional animal units along with dogs on the property:
• Conversation during 2022 CUP inspections (July 19, 2022). The previous owner (David Hall) stated that he was selling the property and the new owner would resume the CUP.

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CITY OF NORCO

ANIMAL SERVICES

AFTER ACTION REPORT

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• Timothy and Jennifer Cook cooperated with inspections and recommendations. • Progress for growth from the new owners (Timothy and Jennifer Cook). • Positive findings from the Animal Control Officers (Morris, Grez, Sandoval & Sparks III).
• The property’s previous CUP comfortably accommodated and supported the animals. Thirty-eight units and seven dogs in total.

The property owners (Timothy and Jennifer Cook) of 4680 Pedley Avenue are requesting fifteen (15) additional animal units and three (3) additional dogs. Norco Animal Services standards on CUPs is to allow half of what is legally allowed: which would be twelve and a half (12.5) additional animal units and two (2) dogs for a total of thirty-seven and a half (37.5) animal units and six (6) dogs. Due to the property’s layout and submitted site plan; thirteen (13) additional animal units and three (3) additional dogs would be acceptable, putting the total at thirty-eight (38) animal units and seven (7) dogs.

Conditions for approval and maintenance of a Conditional Use Permit:
• All dogs must remain current on rabies vaccines and licenses. o Four (4) dogs belonging to the property owners and three (3) dogs belonging to tenants in Accessory Dwelling Unit (ADU).
• No dog is allowed to molest or harass animals, birds, or pets upon the premises of any person. Said dog to be received, take up and impounded (NMC 6.12.100 (C)).
• The horse’s stalls to the rear of the property by the drainage ditch must have two (2) barriers (mesh, hay, straw) to prevent manure run-off: NMC 6.45.040 (A)(6) and prevent water contamination. See attachment #12. The yellow box is the area of reference.
• The property will be proactive in fly control: NMC 6.60.010. Especially due to the year-round livestock diseases that can spread.
o Property shall implement fly traps/devices.
• All animals must be provided with all necessities and follow the language of Penal Code 597 along with other Federal animal laws and Norco Municipal Code(s). • The property shall not exceed the legal limit on animal units and dogs. • Owners must comply with property inspections and pay annual inspection fees. • Owners must notify Norco Animal Services if there is any change in the ownership of dogs and/or animal units.
• The property must maintain a manure services and container/carts per Chapter

6.45. o Recommend initial daily cleaning be done in the morning. • Must maintain a City business license related to the scope of the business.

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CITY OF NORCO

ANIMAL SERVICES

AFTER ACTION REPORT

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ATTACHMENTS:

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ANIMAL SERVICES

AFTER ACTION REPORT

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ANIMAL SERVICES

AFTER ACTION REPORT

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ANIMAL SERVICES

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ANIMAL SERVICES

AFTER ACTION REPORT

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ANIMAL SERVICES

AFTER ACTION REPORT

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ANIMAL SERVICES

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Attachment #11

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CITY OF NORCO

ANIMAL SERVICES

AFTER ACTION REPORT

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Attachment #12

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CITY OF NORCO

ANIMAL SERVICES

AFTER ACTION REPORT

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Attachment #13

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ANIMAL SERVICES

AFTER ACTION REPORT

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Pictures:

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City Council

STAFF REPORT
Date: September 6, 2023 Agenda Item:

7.B.

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

Public Hearing for First Reading: Ordinance No. 1102, Zone Code Amendment 2023-04 (City of Norco): A City-Initiated proposal to amend Norco Municipal Code Title 18 – “Zoning”, Chapter 18.68 – “Accessory Building Use Permits”, to amend the provisions/regulations for Large Vehicle Parking Buildings, and for buildings 240 square feet and under. Ordinance No. 1103, Zone Code Amendment 2023-05 (City of Norco): A City-Initiated proposal to amend Norco Municipal Code Title 18 – “Zoning”, Chapter 18.31 – “General Provisions – Yards, Setbacks, and Height Exceptions”, to amend the provisions/regulations for roof overhangs/eaves in the required setback areas. Ordinance No. 1104 Code Amendment 2023-04 (City of Norco): A City-Initiated proposal to amend Norco Municipal Code Title 15 – “Building and Construction”, Chapter 15.02 – “Building Code”, Section 15.02.150 – Conversion of Cargo Carriers, to allow cargo carriers/metal storage containers 240 square feet and under without approval of a conditional use permit, on properties zoned for residential, subject to the requirements of Chapter 18.68 Chapter 18.68 – “Accessory Building Use Permits” of the Norco Municipal Code RECOMMENDATION:

Adopt Ordinance No. 1102, approving Zone Code Amendment 2023-04l; Adopt Ordinance No. 1103, approving Zone Code Amendment 2023-05; and Adopt Ordinance No. 1104, approving Code Amendment 2023-04.

SUMMARY:

The subject amendments to the Norco Municipal Code (NMC) are in response to the 2023 review of Chapter 18.68 – “Accessory Building Use Permits." The proposed amendments involve clarifying the provisions for Large Vehicle Parking Buildings and for buildings 240 square feet and under that will now include storage containers. In addition, a NMC amendment is proposed to limit the roof overhang/eaves of buildings to a minimum of three feet from property line.

BACKGROUND:

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In 2017, Chapter 18.68 – “Accessory Building Use Permits” was adopted into the Norco Municipal Code (NMC), establishing an application and review process and establishing regulations for non-habitable accessory buildings on properties zoned for residential uses. Review of the adopted regulations is required yearly to update the regulations as needed based on implementation issues.

For 2023, clarifying the provisions for Large Vehicle Parking Buildings and for buildings 240 square feet and under, which will now include storage containers, were discussed with the Planning Commission and City Council as a part of the annual review of the Accessory Building Ordinance. Other items have surfaced along the way are discussed below as part of the proposed amendments to the NMC. The Planning Commission reviewed the proposed amendments on August 9, 2023 and their recommendations are reflected in the discussion below.

Large Vehicle Buildings: Clarification was discussed on the intended design behind allowing a Large Vehicle Parking Buildings of 1,000 square feet maximum (with a wall height of 16 feet and an overall height of 18 feet to the peak), with an additional allowance of 400 square feet for other use (with a wall height of 8 feet and and overall building height of 14 feet to the peak) - total 1,400 square feet combined.

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. Both the Planning Commission and City Council agreed that creative building designs are acceptable as long as they meet the established criteria. To clarify this allowance, it was agreed upon that a code amendment was necessary to Section 18.68.20 so that the additional 400 square-foot allowance is not interpreted to only allow an attached "lean to" building and/or an attached yet distinct separate use area.

In response to the above, the Planning Commission is recommending that the additional 400 square-foot allowance found in Chapter 18.68, Section 18.68.20 - Size, Layout and Design of Accessory Buildings", subsection (1) large Vehicle Parking Building, Item (b) be amended to read as follows (changes in red) as part of Zone Code Amendment 2023-04:
(b). 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.

In addition to the above, the City Council directed staff to have the Planning Commission review the 18-foot height allowance for large vehicle buildings, to discuss the appropriateness of bringing the height down. The Commission considered the current height that basically allows for adequate clearance for a tall Recreational Vehicle (RV), adequate clearance for a roll-up door between the RV and roof, and roof articulation (i.e. a peak roof verses a flat roof). The Commission determined that further information (i.e. that standard tallest RV out in the market,

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and a possible formula for justification of a height up to 18 feet) and further discussion was needed to make a recommendation to the City Council in the future.

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), 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 taller 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 metal storage 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, both the Planning Commission and City Council agreed that that the code be amended to also exempt residential metal storage containers from the requirement of a CUP and Planning Commission review, but that they be subject to established regulations (i.e. setback, design criteria etc.).

In addition to the above, the City Council asked for a discussion on detached accessory buildings 120 square feet or less (such as tuff sheds) that do not require a building permit, being placed at property line (no setback) and noted issues such as roof drainage onto adjacent properties. It should be noted that an exemption of a building permit does not by default exempt a 120 square-foot building from setback and other zoning requirements such as building height.

In response to both items listed above, the Planning Commission is recommending that Section 18.68.02 - "Intent and purpose", be amended to read as follows (proposed changes are in red) as part of Zone Code Amendment 2023-04:

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

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the issuance of a building permit. This provision shall include metal storage containers/cargo carriers 240 square feet or less, subject to the requirement of a building permit, subject to the requirements of Section 18.68.20 (3) (c),(d), (f), (h) and (i) of this chapter, and provided that no more than one storage container is allowed per every 20,000 square feet.

Accessory buildings 120 square feet or less including metal storage containers that do not require a building permit, are not subject to requirements of Chapter

18.68, however, in no instance shall these buildings be placed closer than five to the side or rear property lines, be closer than five feet to any other structure, nor shall they exceed a building side wall height of eight feet and an overall height of 14 feet to the roof peak.

Section 18.68.20 (3) - All Other Accessory Buildings (Includes Animal-Keeping Shelters for Small Animals) of Chapter 18.68 already has the following requirements (i.e. setback and design) which would then apply to metal storage containers (no changed are proposed here - just noted for reference ):
(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.
(f) Any side of a building that exceeds 20 feet in length shall be required to include doors and/or windows for articulation.
(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.

The proposed provision for storage containers in Chapter 18.68 would have to be carried over into the provisions for storage containers in Tile 15 (which address the Building Code and not the Zoning code in the NMC). The Planning Commission is recommending that Title 15 – “Building and Construction”, Chapter 15.02 – “Building Code”, Section 15.02.150 – "Conversion of Cargo Carriers", Item "C" be amended to read as follows (changes in red) as part part of Code Amendment 2023-04:

C. Cargo carriers converted for use as structures may be permitted upon approval of a conditional use permit and subject to the following:

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1. All necessary building and safety, fire department, and planning department permits are granted;

2. The structure and its location meet all zone requirements as they pertain to accessory buildings;

3. The structure is accessory to a main building;

4. The structure is internally stable and the exterior is in proper order as determined by the City Building Inspector;

5. The structure is anchored securely to the ground. The manner of securing the structure shall be appropriate for the particular structure and to the satisfaction of the Building Official. The Building Official may request a report from a registered civil or structural engineer on the method of securing the structure.

6. The applicant provides signed letters of support from a majority of adjacent property owners and/or tenants;

7. Approval of the Conditional Use Permit shall include architectural and site treatments that may include, but not be limited to, painting, construction of eaves, awnings, roofs, sidings, railings, etc.; and landscaping;

8. The application fee shall be the current fee for a Minor Conditional Use Permit; and

9. A report from a registered civil or structural engineer is submitted indicating how the cargo container will be converted to meet all building codes or their equivalent.

10. Cargo carriers 240 square feet or less are not subject to the requirements of this Section and shall be subject to the requirements of Chapter

18.68 – “Accessory Building Use Permits” of the Norco Municipal Code.

Lastly, unrelated to Chapter 18.68 (but being that they are detached structures), staff was directed to review the possibility of amending the provision for Accessory Dwelling Units (ADUs) minimum four-foot setback from the side or rear property lines, so that the setback be taken from the roof overhang/eave. With a typical two-foot roof overhang, the overhang is then as close as two feet form the property line thus increasing the possibility of drainage onto the adjacent property.

State law has dictated the four-foot setback and a setback by standard definition and practice is taken from the building wall to the property line. In an effort to remain in compliance with State law, while addressing the concern noted above, staff is recommending that the overhang/eave be limited to three feet from property line. Per the Code, a maximum two-foot roof overhang is allowed into a five-foot setback area, thus leaving three-foot clearance between a roof eave and the property line. The same would be achieved by limiting the roof overhang so that it is no closer than three feet from property line when a yard/setback is required. In this case, a building that is set four feet from the property line would only be allowed a one-foot roof overhang/eave. The Planning Commission agreed that a general city-wide amendment to the Zoning Code, not tied specifically to ADUs so that it does not trigger review by HCD, be proposed.

The Planning Commission is recommending that Chapter 18.31 – “General Provisions – Yards, Setbacks, and Height Exceptions”, Section 18.31.08 - "Yard Requirements -Walls, Fences and Structures in Setback Area", Subsection 7, Item

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b, be amended as follows (changes in red) as part of Zone Code Amendment 2023- 05:
(b) Cornices, canopies, and other similar architectural features not providing additional floor space within the building, may extend into a required yard not to exceed one (1) foot. Eaves may extend two (2) feet into a required yard;however, in no case shall a roof eave be closer than three (3) feet from a property line in a required yard. One (1) pergola or one (1) covered but unenclosed passenger landing may extend into either side yard provided it does not reduce the side yard below five (5) feet and its depth does not exceed twenty (20) feet.

The Planning Commission recommended that the requirement for gutter and downspouts also be added to the Zone Code Amendment 2023-05. Following the Commission meeting, staff consulted with our Building Official on this recommended change. The requirement for gutter and down-spouts is typically not a zoning matter but is a Building/Plumbing code matter. This requirement would be more restrictive than the Budling Code, which would have to be justified by the State to be added. For this reason, staff is recommending that it not be part of the Zone Code Amendment 2023-05.

CEQA: The above Zone Code/Code Amendments are 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.

The subject amendments to the Norco Municipal Code (NMC) are in response to the 2023 review of Chapter 18.68, along with additional items requested by the City Council. Staff is recommending approval of the subject Ordinances that reflect the proposed amendments to the Norco Municipal Code.

FISCAL IMPACT:

Not applicable for this item.

RELATIONSHIP TO STRATEGIC PLAN:

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

REVIEWED AND APPROVED BY:

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

Ordinance No 1102 Zone Code 2023-04
Ordinance No 1103 Zone COde Amendment 2023-05

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Ordinance No 1104 Code Amendment 2023-04

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ORDINANCE NO. 1102

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING ZONE CODE AMENDMENT 2023-04: A CITYINITIATED PROPOSAL TO AMEND NORCO MUNICIPAL CODE TITLE 18 – “ZONING”, CHAPTER 18.68 – “ACCESSORY BUILDING USE PERMITS”, TO

AMEND THE PROVISIONS/REGULATIONS FOR LARGE VEHICLE PARKING BUILDINGS, AND FOR BUILDINGS 240 SQUARE FEET AND UNDER.

WHEREAS, the CITY OF NORCO initiated Zone Code Amendment 2023-04, a proposal to amend Chapter 18.68 of the Norco Municipal Code Title 18 (Zoning Code), relating to residential accessory buildings; 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 August 9, 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 2023-18, recommending approval of Zone Code Amendment 2023-04 to the City Council; 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 September 6, 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 Zone Code Amendment is exempt from review under the California Environmental Quality Act (CEQA).

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

I. FINDINGS.

A. The proposed Zone Code Amendment are in response to the 2023 review of Chapter 18.68 – “Accessory Building Use Permits”. A review of Chapter 18.68

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Ordinance No.1102 for Zone Code Amendment 2023-04
September 18, 2023

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is required on a yearly basis to ensure that the compatibility of accessory buildings in residential zones on an on-going basis.

B. The proposed Zone Code Amendment will increase the compatibility of accessory buildings in their respective residential zones. Residential and associated accessory buildings are allowed in residential zones, and these zones are consistent with the land use designation of the General Plan. The proposed Zone Code Amendment will therefore not conflict with City of Norco 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 amendment will increase compatibility of residential accessory building uses with surrounding residential properties.

D. The above Zone Code Amendment 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 amendment will have a significant effect on the environment.

II. DETERMINATION:

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

SECTION 1:

Title 18 (Zoning) of the Norco Municipal Code, Chapter 18.68 (Accessory Building Use Permits), Section 18.68.02 - "Intent and purpose”, is hereby amended to read as follows:

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Ordinance No.1102 for Zone Code Amendment 2023-04
September 18, 2023

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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. This provision shall include metal storage containers/cargo carriers 240 square feet or less, subject to the requirement of a building permit, subject to the requirements of Section 18.68.20 (3, (c), (d), (f), and (i) of this chapter, and provided that no more than one storage container is allowed per every 20,000 square feet.

Accessory buildings 120 square feet or less including metal storage containers that do not require a building permit, are not subject to requirements of Chapter 18.68, however, in no instance shall these buildings be placed closer than five to the side or rear property lines, be closer than five feet to any other structure, nor shall they exceed a building side wall height of eight feet and an overall height of 14 feet to the roof peak.

AND;
Norco Municipal Code (NMC) Title 18 (Zoning) of the Norco Municipal Code, Section

18.68.20 - Size, Layout and Design of Accessory Buildings", subsection (1) large Vehicle Parking Building, Item (b) is hereby amended to read as follows:
(b). Additional allowed square footage:

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

Height: Maximum height at eave: eight feet; maximum building height: 14 feet.

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

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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.

PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held September 18, 2023.
__________________________
Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

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Ordinance No.1102 for Zone Code Amendment 2023-04
September 18, 2023

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I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on September 6, 2023, and thereafter at a regular meeting of said City Council duly held on September 18, 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 September 18, 2023
________________________
Dana Roa, CMC, City Clerk
City of Norco, California

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ORDINANCE NO. 1103

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING ZONE CODE AMENDMENT 2023-05: A CITYINITIATED PROPOSAL TO AMEND NORCO MUNICIPAL CODE TITLE 18 – “ZONING”, CHAPTER 18.31 – “GENERAL PROVISIONS – YARDS,
SETBACKS, AND HEIGHT EXCEPTIONS”, TO AMEND THE

PROVISIONS/REGULATIONS FOR ROOF OVERHANGS/EAVES IN THE
REQUIRED SETBACK AREAS.

WHEREAS, the CITY OF NORCO initiated Zone Code Amendment 2023-05, a proposal to amend Chapter 18.68 of the Norco Municipal Code Title 18 (Zoning Code), relating to residential accessory buildings; 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 August 9, 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 2023-19, recommending approval of Zone Code Amendment 2023-05 to the City Council; 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 September 6, 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 Zone Code Amendment is exempt from review under the California Environmental Quality Act (CEQA).

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

I. FINDINGS.

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September 18, 2023

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A. The proposed Zone Code Amendment is necessary to minimize potential roof overhangs/eaves drainage impacts of one property on surrounding adjacent properties.

B. The proposed Zone Code Amendment address building roof overhangs/eave encroachments onto a required setback area/yard in zoning designations that are consistent with the land use designation of the General Plan. The proposed Zone Code Amendment will therefore not conflict with City of Norco 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 amendment will minimize potential roof overhangs/eaves drainage impacts from one property on surrounding adjacent properties.

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

SECTION 1:

Title 18 (Zoning) of the Norco Municipal Code, Chapter 18.31 – “General Provisions – Yards, Setbacks, and Height Exceptions”, Section 18.31.08 - "Yard Requirements -Walls, Fences and Structures in Setback Area", Subsection 7, Item b, is hereby amended to read as follows:
(b) Cornices, canopies, and other similar architectural features not providing additional floor space within the building, may extend into a required yard not to exceed one (1) foot. Eaves may extend two (2) feet into a required yard; however, in no case shall a roof eave be closer than three (3) feet from a property line in a required yard. One (1) pergola or one (1) covered but unenclosed passenger landing may extend into either side yard provided it does not reduce the side yard below five (5) feet and its depth does not exceed twenty (20) feet.

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September 18, 2023

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

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September 18, 2023

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AYES:

NOES:

ABSENT:

ABSTAIN:

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ORDINANCE NO. 1104

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING CODE AMENDMENT 2023-04: A CITYINITIATED PROPOSAL TO AMEND NORCO MUNICIPAL CODE TITLE 15 – “BUILDING AND CONSTRUCTION”, CHAPTER 15.02 – “BUILDING CODE”, SECTION 15.02.150 – CONVERSION OF CARGO CARRIERS, TO ALLOW CARGO CARRIERS/METAL STORAGE CONTAINERS 240 SQUARE FEET

AND UNDER WITHOUT APPROVAL OF A CONDITIONAL USE PERMIT, ON

PROPERTIES ZONED FOR RESIDENTIAL, SUBJECT TO THE
REQUIREMENTS OF CHAPTER 18.68 CHAPTER 18.68 – “ACCESSORY BUILDING USE PERMITS” OF THE NORCO MUNICIPAL CODE.

WHEREAS, the CITY OF NORCO initiated Code Amendment 2023-04, a proposal to amend Title 15 (Building and Construction), Chapter 15.02 – “Building Code”, Section 15.02.150 – Conversion of Cargo Carriers, relating to the provision of cargo carriers/metal storage containers; and
WHEREAS, the 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 Code Amendment was scheduled for public hearing on August 9, 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 said Code Amendment; and WHEREAS, the Planning Commission adopted Resolution 2023-20, recommending approval of Code Amendment 2023-04 to the City Council; and WHEREAS, the Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which proper notice was given; and WHEREAS, the Code Amendment was scheduled for public hearing on September 6, 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 Code Amendment; and WHEREAS, the City of Norco acting as the Lead Agency has determined that this Code Amendment is exempt from review under the California Environmental Quality Act (CEQA).

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

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Ordinance No.1104 for Code Amendment 2023-04
September 18, 2023

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I. FINDINGS.

A. The proposed Code Amendment are in response to the 2023 review of Chapter

18.68 – “Accessory Building Use Permits”. A review of Chapter 18.68 is required on a yearly basis to ensure that the compatibility of accessory buildings in residential zones on an on-going basis.

B. The proposed Code Amendment will increase the compatibility of cargo carriers/metal storage containers as accessory buildings in their respective residential zones. Residential and associated accessory buildings are allowed in residential zones, and these zones are consistent with the land use designation of the General Plan. The proposed Code Amendment will therefore not conflict with City of Norco General Plan.

C. The proposed Code Amendment will not be detrimental to the public convenience, health, safety, or general welfare of the City because the amendment will increase compatibility of cargo carriers/metal storage containers with surrounding residential properties.

D. The Code Amendment 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 amendment will have a significant effect on the environment.

II. DETERMINATION:

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

SECTION 1:

Title 15 (Building and Construction) of the Norco Municipal Code, Chapter 15.02 – “Building Code”, Section 15.02.150 – "Conversion of Cargo Carriers", Item "C" be amended to read as follows:

C. Cargo carriers converted for use as structures may be permitted upon approval of a conditional use permit and subject to the following:

1. All necessary building and safety, fire department, and planning department permits are granted;

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September 18, 2023

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2. The structure and its location meet all zone requirements as they pertain to accessory buildings;

3. The structure is accessory to a main building;

4. The structure is internally stable and the exterior is in proper order as determined by the City Building Inspector;

6. The applicant provides signed letters of support from a majority of adjacent property owners and/or tenants;

8. The application fee shall be the current fee for a Minor Conditional Use Permit; and

9. A report from a registered civil or structural engineer is submitted indicating how the cargo container will be converted to meet all building codes or their equivalent.

10. Cargo carriers 240 square feet or less are not subject to the requirements of this Section and shall be subject to the requirements of Chapter 18.68 – “Accessory Building Use Permits” of the Norco Municipal Code.

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

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September 18, 2023

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AYES:

NOES:

ABSENT:

ABSTAIN:

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Norco City CouncilSeptember 6, 2023

Norco City Council
September 6, 2023