AGENDA
City Council
Wednesday, October 18, 2023
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALL TO ORDER 6:00 PM
ROLL CALL Robin Grundmeyer, Mayor
Kevin Bash, Mayor Pro Tem
Katherine Aleman, Council Member
Berwin Hanna, Council Member
Greg Newton, Council Member
CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR
Agency designated representative: City Manager Sassoon
Employee organization: Utility Workers Union of America, AFL-CIO Local 606
CONFERENCE WITH LEGAL COUNSEL - REAL PROPERTY NEGOTIATION Property: APN: 152-060-011
City Negotiator: City Manager Lori Sassoon
Under Negotiation: Price and Terms
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Silverlakes Sports Park
Agency negotiator: City Manager; Finance Director: Planning Director Negotiating parties: City of Norco and Balboa Management Group LLC.
Under negotiation: Price and Terms
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code §54957
Title: City Manager
RECONVENE PUBLIC SESSION 7:00 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE Mayor Grundmeyer
INVOCATION Pastor Fred Griffin
Corona Church of the Open Door
PRESENTATIONS Legends FC Girls 2014 Soccer Team
1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
City Council Agenda - October 18, 2023
2. CONSENT CALENDAR
All items listed under the Consent Calendar are considered to be routine and may be enacted by one motion. Prior to the motion to consider any action by the presiding governmental body, any public comments on any of the Consent Items will be heard. There will be no separate action unless members of the governmental body or the audience request specific items be removed from the Consent Calendar. Items removed from the Consent Calendar will be separately considered under Item 3 of the Agenda.
2.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.
RECOMMENDATION:
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
Staff Report - Pdf
2.B. Approval of City Council Regular Meeting Minutes
RECOMMENDATION:
Approve the City Council Regular Meeting Minutes of September 6 and 18, and October 4, 2023
Staff Report - Pdf
2.C. Recap of Actions Taken by the Planning Commission at its Meeting Held on October 11, 2023
RECOMMENDATION:
Receive and file the recap of actions taken by the Planning Commission at its meeting held on October 11, 2023.
Staff Report - Pdf
2.D. Measure R Citizens' Oversight Committee Policy and Procedures for Additional Budget Appropriation Requests
RECOMMENDATION:
Approve and Adopt Resolution 2023-65 Measure R Citizens' Oversight Committee Policy and Procedures for Additional Budget Appropriation Requests as currently written.
Staff Report - Pdf
City Council Agenda - October 18, 2023
2.E. Quarterly Investment Report for Quarter Ended September 30, 2023 RECOMMENDATION:
Receive and file the Quarterly Investment Report for the Quarter Ended September 30, 2023.
Staff Report - Pdf
2.F. Recycled Water Grant Application
RECOMMENDATION:
Approve Resolution 2023-63 authorizing the City Manager or their designee to sign and file, for and on behalf of the City, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board.
Staff Report - Pdf
3. ITEM(S) PULLED FROM CONSENT CALENDAR
4. PUBLIC COMMENTS
This is the time when persons wishing to address the presiding governmental body regarding the Consent Calendar, Legislative Matters or items within the subject matter jurisdiction of the legislative body. Please submit a speaker card to the Meeting Clerk. Please limit comments to three minutes or less. The Ralph M. Brown Act limits the governmental body’s ability to respond to comments on non-agendized matters at the time such comments are made. The governmental body shall not discuss or act relative to any general public comment.
5. LEGISLATIVE MATTERS
No new evidence will be heard from the public as the public hearing has been closed regarding the items listed. If new substantial amendments are made to the Ordinance at this time, the Ordinance will require a "Third" reading and public comments will be allowed.
5.A. Ordinance No. 1105, Second Reading: Amending Norco Municipal Code Section 5.36 “Apiaries” to Modify Beekeeping Requirements on Residential Properties. Code Amendment 2023-05.
RECOMMENDATION:
Adopt Ordinance No. 1105, Second Reading (City of Norco): An Ordinance of the City Council of the City of Norco, California, Amending the Norco Municipal Code Section 5.36 “Apiaries” to modify beekeeping requirements on residential properties, approve Code Amendment 2023-
05. Staff Report - Pdf
City Council Agenda - October 18, 2023
6. DISCUSSION / ACTION ITEM(S)
Order of Presentation for Discussion Items:
1. Staff Report Presentation
2. Council Questions of Staff
3. Public Comment
4. Council Discussion and Action
6.A. Adoption of a Resolution by the City Council adopting and authorizing an Accessory Dwelling Unit (ADU) Legalization Pilot Program.
RECOMMENDATION:
Approve and adopt Resolution 2023-64, adopting and authorizing the Accessory Dwelling Unit (ADU) Legalization Pilot Program.
Staff Report - Pdf
6.B. Authorization of a letter to the Keeper of the National Register regarding Norco's nomination to expand the Lake Norconian Club Historic District RECOMMENDATION:
It is recommended that the City Council authorize a letter expressing Norco's concerns regarding the process for consideration of the Lake Norconian Club Historic District and requesting that the denial of the nomination be overturned.
Staff Report - Pdf
7. PUBLIC HEARING(S)
Order of Presentation for Public Hearing Items:
1. Staff Report Presentation
2. Council Questions of Staff
3. Open Public Hearing
a. Public Comment
4. Close Public Hearing
5. Council Discussion and Action
7.A. Ordinance No. 1106 : First Reading, Zone Code Amendment 2023-03 (City of Norco): A City-Initiated proposal to amend Norco Municipal Code Title 18 – “Zoning”, amending Chapter 18.65 – “Residential Density Bonus Provisions” for compliance with State law.
RECOMMENDATION:
Adopt Ordinance No. 1106, First Reading, approving Zone Code Amendment 2023-03
Staff Report - Pdf
City Council Agenda - October 18, 2023
8. CITY COUNCIL / STAFF COMMUNICATIONS
9. ADJOURNMENT
In compliance with the Americans with Disabilities Act, any person who requires a modification or accommodation in order to participate in this meeting is encouraged to contact the City Clerk’s Office at (951) 270-5623 or [email protected] at least 48 hours prior to the meeting so that reasonable arrangements can be made to ensure accessibility. Staff reports are on file in the City Clerk’s Office.
Any writings or documents provided to a majority of the presiding governmental body regarding any item on this agenda will be available for public inspection at the City Clerk’s Office during normal business hours at Norco City Hall, located at 2870 Clark Avenue in Norco. The meeting is recorded.
City Council
STAFF REPORT
Date: October 18, 2023 Agenda Item:
2.A
To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.
RECOMMENDATION:
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
REVIEWED AND APPROVED BY:
City Council
STAFF REPORT
Date: October 18, 2023 Agenda Item:
2.B.
To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Approval of City Council Regular Meeting Minutes
RECOMMENDATION:
Approve the City Council Regular Meeting Minutes of September 6 and 18, and October 4, 2023
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):
City Council - Sep 06 2023 - Minutes
City Council - Sep 18 2023 - Minutes
City Council - Oct 04 2023 - Minutes
MINUTES
City Council
Wednesday, September 6, 2023
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALLED TO ORDER 6:00 PM
ROLL CALL Robin Grundmeyer, Mayor
Kevin Bash, Mayor Pro Tem
Katherine Aleman, Council Member
Berwin Hanna, Council Member
Greg Newton, Council Member
CLOSED SESSIONS
Mayor Grundmeyer adjourned to Closed Sessions at 6:01 p.m.
CONFERENCE WITH LABOR NEGOTIATOR
Agency designated representatives: City Manager Sassoon Employee organization: Utility Workers Union of America, AFL-CIO Local 606
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 133-080-010
City Negotiator: City Manager Lori Sassoon
Negotiating parties: City of Norco
Under Negotiation: Price and Terms
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 2 potential cases
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 1004 Parkridge (APN 119-070-021)
Agency Negotiator: City Manager
Negotiating parties: City of Norco and NewCastle Partners, INC Under Negotiation: Price and terms of payment
CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Section 54956.9
Name of case: FPPC Case No. 18/789 - Norco, et al.
RECONVENED PUBLIC SESSION 7:08 PM
City Council Minutes - September 6, 2023
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Burns reported that there were no reportable actions taken in Closed Sessions at this time and continued Closed Sessions to end of meeting.
PLEDGE OF ALLEGIANCE Council Member Katherine Aleman
INVOCATION Pastor Michelle Ehrenberg
The Redeemer's Community Church
PRESENTATIONS
City Spirit Award
Council Member Aleman presented the Community Spirit Award to Victoria Leonard, with Everything Boutique, for her outstanding commitment and service to the City of Norco.
RECOGNITION
Finance Department
Certificate of Achievement for Excellence in Financial Reporting Award Finance Director Free provided background of what the Certificate of Achievement awarded to the Finance Department is about and recognized her staff for their hard work.
Mayor Grundmeyer and the City Council recognized the Finance Department for their hard work and excellence to the City.
1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
The Mayor, Mayor Pro Tem and Council Members provided reports on their recent individual participation in committees, commissions, regional boards and community organizations.
2. CONSENT CALENDAR
a) Approval of Consent Calendar
Items 2.D. and 2.L. were pulled for discussion by Council Member Newton. Item
2.M. was pulled by Mayor Pro Tem Bash for discussion.
Motion was made to approve the remainder of the Consent Calendar.
M/S ALEMAN/BASH Approve Consent Calendar as presented, with Items 2D, 2L and 2M pulled for discussion. The Motion was carried by the following roll call vote:
City Council Minutes - September 6, 2023
AYES: GRUNDMEYER, BASH, ALEMAN, HANNA, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
2.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.
Action: Waived reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
2.B. Approval of City Council Special Meeting and Regular Meeting Minutes Action: Approved the City Council Regular and Special Meeting Minutes of August 2, 2023, Special Meeting Minutes of August 8, Regular Meeting Minutes of August 16, 2023, and Special Meeting Minutes of August 24, 2023.
2.C. Approval and Adoption of Resolution Certifying the Public Hearing to Invite Public Non-Profit Agencies to Certify the means to Readily Provide Proposed Senior Transportation as being requested from Caltrans FTA Traditional 5310 Projects Grant Application.
Action: Adopted Resolution No. 2023-56, certifying the public hearing to invite public non-profit agencies to certify the means to readily provide proposed senior transportation as being requested from Caltrans FTA Traditional 5310 Projects Grant Application.
2.E. Amendment of FY 2023-27 Capital Improvement Program (CIP) to include additional funding for the MDP Line N-1G Storm Drain Project and authorization to increase contract amount for the Norco MDP Line N-1G Storm Drain Project Action: Appropriated additional funding in the amount of $49,000 for FY 2023-27 CIP storm drain fund and approved additional contract amount of $49,000 for the Norco MDP Line N-1G Storm Drain Project.
2.F. Approval of contract for professional public works inspection services.
Action: Approved the award of contract to Z&K Consultants, Inc. to provide professional inspection services for the Public Works Department for fiscal year 2023-24 in an amount not to exceed $220,000.
City Council Minutes - September 6, 2023
2.G. Acceptance of Right-of-Way Dedication on Bluff Street (APN 121-050-001) Action: Accepted the dedication of street right-of-way at APN 121-050-001 on Bluff Street, authorized the Mayor to sign the Certificate of Acceptance, and authorized the City Clerk to record the Grant Deed.
2.H. Revise currently vacant Utility Maintenance Worker to a Water Quality Control Technician Position for Public Works
Action: Approved adjusting the recently approved full-time Utility Maintenance Work position to a full-time Water Quality Control Technician.
2.I. Purchase of 2024 Ford F-150 Pickup Truck from Hemborg Ford Action: Approved the quote from Hemborg Ford, Norco, CA, for one (1) 2024 Ford F150 Pickup Truck and authorized the City Manager to approve a purchase order in the amount of $57,053.
2.J. Purchase of 2024 Ford F-650 Service Truck from PB Loader Corporation Action: Approved quote from PB Loader Corporation, Fresno, CA, for one (1) 2024 Ford F-650 Service Truck and authorize the City Manager to approve a purchase order in the amount of $201,842.
2.K. Adoption of a Resolution by the City Council authorizing the extension of the service fee collected on behalf of the Riverside County Abandoned Vehicle Abatement (AVA) Service Authority until May 2034
Action: Adopted Resolution No. 2023-58, authorizing the extension of the service fee collected on behalf of the Riverside County AVA Service Authority until May 2034
2.N. Approve Advertising of the Solid Waste and Recycling Collection Services Request for Proposal
Action: Approved advertising the Request for Proposal for Solid Waste and Recycling Collection Services for the City of Norco.
2.O. A request for approval of a two-year extension on the existing contract with Willdan for the Building and Planning Division contractual services.
City Council Minutes - September 6, 2023
Action: Authorized the City Manager to extend the existing contract with Willdan for two additional years.
3. ITEM(S) PULLED FROM CONSENT CALENDAR
2.D. Approve the Position Title and Salary Range for Planning Aide (PT)
Council Member Newton had questions and concerns related to the workload in the Planning Department and the budgeted amount.
Finance Director Free answered questions and addressed concerns.
Council Member Newton requested a list of part-time employees to include where they are working and the cost to budget from staff.
Mayor Grundmeyer discussed the errors in the staff report and stated no action could be taken due to errors.
Following discussion, no action was taken on this item.
2.L. Purchase of 2024 Ford F-350 Service Truck from PB Loader Corporation Council Member Newton had questions and concerns on the Admin Policy for purchasing vehicles.
Public Works Director Blais answered questions and addressed concerns.
Council Member Hanna had questions and concerns that were addressed by Public Works Director Blais.
Following discussion, motion was made.
M/S ALEMAN/HANNA Approve quote from PB Loader Corporation, Fresno, CA, for one (1) 2024 Ford F-350 Service Truck and authorized the City Manager to approve a purchase order in the amount of $130,476. The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, BASH, ALEMAN, AND HANNA
NOES: NEWTON
ABSENT: NONE
ABSTAIN: NONE
City Council Minutes - September 6, 2023
2.M. Consideration of approval of Amendment No. 1 to the Professional Services Agreement with California Strategies for project management services related to the RTRP undergrounding.
Council Member Bash asked City Manager Sassoon to give background on the RTRP Project with California Strategies.
City Manager Sassoon discussed the issues and what California Strategies is doing for the City.
Council Member Bash gave history to the RTRP project.
Following discussion, motion was made.
M/S BASH/NEWTON Approve Amendment No. 1 to the Professional Services Agreement with California Strategies and the related budget appropriation. The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, BASH, ALEMAN, HANNA, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
4. PUBLIC COMMENTS
Bonnie Slager discussed the cost burden for renting bleachers for community groups and asked that the City Council revisit the bleacher purchase item.
Sam Albrecht with Corona Norco Family YMCA discussed programming that they offer.
Tammy Norman thanked City Staff on all the events and the work that the City Manager is doing.
5. LEGISLATIVE MATTERS
5.A. 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.
City Council Minutes - September 6, 2023
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.
M/S BASH/NEWTON 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. The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, BASH, ALEMAN, HANNA, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6. DISCUSSION / ACTION ITEM(S)
6.A. Review of the Draft Accessory Dwelling Unit (ADU) Legalization Program
Community Development Director Robles presented the review of the Draft Accessory Dwelling Unit Legalization Program with fee incentive.
Mayor Pro Tem Bash and Council Members Aleman, Hanna and Newton had questions and concerns for staff.
Community Development Director Robles and City Manager Sassoon discussed concerns and answered questions.
Mayor Grundmeyer opened Public Comment.
City Council Minutes - September 6, 2023
Randy Maroney spoke regarding the difficulties with his ADU project and dealing with the city.
Mayor Grundmeyer closed Public Comment.
Following further discussion and without formal motion, City Manager Sassoon will work with staff to bring back a resolution at a later date with more information.
7. PUBLIC HEARING(S)
7.A. 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).
Mayor Pro Tem Bash excused himself from the dais at this time.
Senior Planner Acuna presented the appeal of the Planning Commission’s approval of Conditional Use Permit 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. The applicant is requesting that the City Council allow a total of 40 animal units and 7 dogs, with the number of dogs subject to sunset clause.
Mayor Grundmeyer and Council Members Aleman, Newton and Hanna had questions and concerns for staff.
Community Development Director Robles and Animal Control Superintendent Sparks answered questions and addressed concerns.
Mayor Grundmeyer opened the Public Hearing.
Mallory Cleveland spoke in favor of Tesoro farms adding 2 additional animal units.
Jessica Townsend spoke in favor of Tesoro Farms adding 2 additional animal units.
City Council Minutes - September 6, 2023
Christine Cattabiano spoke against Tesoro Farms adding 2 additional units due to poor treatment of horses, dog has been getting out of property and 1998 permit was not renewed.
Lori Peacock Norco Resident spoke in favor of Tesoro farms adding 2 additional animal units.
Alexandra Moller contested the CUP, stating there is no Fire Evacuation Protocol, flooded stalls, and other unsafe issues.
Zack Meijer spoke in favor of Tesoro farms adding 2 additional animal units.
Charis Matthews spoke in favor of Tesoro farms adding 2 additional animal units.
Gracee Cook and Shaylee spoke in favor of Tesoro farms adding 2 additional animal units.
Gloria Link spoke in favor of Tesoro farms adding 2 additional animal units.
Judy bonham spoke in favor of Tesoro farms adding 2 additional animal units.
Haley Rizuto spoke against Tesoro farms adding 2 additional animal units, stating farms are unsafe.
Justine Rizuto spoke against Tesoro farms adding 2 additional animal units, stating unsafe and unhealthy conditions.
Christina Olmos spoke in favor of Tesoro farms adding 2 additional animal units.
Mayor Grundmeyer closed the Public Hearing.
Following further discussion, a motion was made.
M/S NEWTON/GRUNDMEYER 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. The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, ALEMAN, HANNA, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: BASH
7.B. Public Hearing for First Reading:
City Council Minutes - September 6, 2023
Ordinance No. 1102, Zone Code Amendment 2023-04 (City of Norco): 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.
Ordinance No. 1103, Zone Code Amendment 2023-05 (City of Norco): 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.
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
Community Development Director Robles presented Ordinance Nos. 1102 and 1103, Zone Code Amendments 2023-04 and 2023-05 and Ordinance No. 1104, Code Amendment 2023-04 for first reading all related to Accessory Building Use Permits.
The Mayor and Council Members had questions and concerns for staff.
Community Development Director Robles answered questions and discussed concerns.
Mayor Grundmeyer opened the Public Hearing.
There were no Public Comments at this time.
Mayor Grundmeyer closed the Public Hearing.
Following further discussion, a motion was made.
M/S BASH/GRUNDMEYER Adopt Ordinance No. 1102, approving Zone Code Amendment 2023-04l.
Adopt Ordinance No. 1103, approving Zone Code Amendment 2023-05; and
City Council Minutes - September 6, 2023
Adopt Ordinance No. 1104, approving Code Amendment 2023-04. The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, BASH, ALEMAN, HANNA, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
8. CITY COUNCIL / STAFF COMMUNICATIONS
Council Member Newton talked about the Saturday Senior Breakfast, he thanked Facility's and Maintenance Director Hamilton for the shelter at Stationh47 and discussed fence Ordinance.
Council Member Aleman thanked volunteers and staff for our great City events.
Council Member Bash thanked staff for their hard work at Norco Fair.
Mayor Grundmeyer thanked Facility's and Maintenance Director Hamilton for hard work and the beautiful barn.
9. ADJOURNMENT
Mayor Grundmeyer adjourned the meeting at 10:03 p.m. to Closed Sessions.
City Attorney Burns stated there was nothing to report in Closed Sessions.
Mayor Grundmeyer adjourned meeting at 10:38 p.m.
_________________________________
Dana Roa, CMC
City Clerk
MINUTES
City Council
Monday, September 18, 2023
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALLED TO ORDER 6:00 PM
ROLL CALL Robin Grundmeyer, Mayor
Kevin Bash, Mayor Pro Tem
Katherine Aleman, Council Member
Berwin Hanna, Council Member
Greg Newton, Council Member
CLOSED SESSIONS
Mayor Grundmeyer adjourned to Closed Sessions at 6:02 p.m.
CONFERENCE WITH LABOR NEGOTIATOR
Agency designated representatives: City Manager Sassoon Employee organization: Utility Workers Union of America, AFL-CIO Local 606 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 potential case
CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Section 54956.9
Name of case: Admin Civil Liability Complaint No. R8-2023-0056 RECONVENED PUBLIC SESSION 7:00 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Burns stated that there was nothing to report at this time.
PLEDGE OF ALLEGIANCE Council Member Berwin Hanna
INVOCATION
Church of Jesus Christ of Latter-Day Saints
Tyler Snow
PRESENTATIONS
Proclamations:
City Council Minutes - September 18, 2023
Hispanic Heritage Month
National Preparedness Month
1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
Mayor Grundmeyer, Mayor Pro Tem and Council Members provided reports on their recent individual participation in committees, commissions, regional boards and community organizations.
2. CONSENT CALENDAR
a) Approval of Consent Calendar as Presented
Council Member Newton pulled Item 2.G. for discussion.
M/S ALEMAN/BASH Approve remainder of Consent Calendar as presented. The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, BASH, ALEMAN, HANNA, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
2.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.
Action: Waived reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
2.B. Recap of Actions Taken by the Planning Commission at its Meeting Held on September 13, 2023
Action: Received and filed the recap of actions taken by the Planning Commission at its meeting held on September 13, 2023.
2.C. Ratify City Manager's Approval of Emergency Repair and Authorize Appropriation of Funds for Emergency Repairs to Shadow Canyon Caused by Tropical Storm Hilary
City Council Minutes - September 18, 2023
Approve appropriation of funds in the amount of $48,900 and ratify the City Manager's approval to conduct emergency work for the repair of the Shadow Canyon slope caused by Tropical Storm Hilary.
2.D. Approve Resolutions to Preliminarily Approve Assessment Engineer's Report, Declaration of the City's Intent to Increase the Assessment Districts Annual Levy, and Setting a Public Hearing on November 15, 2023, for Landscape Maintenance Districts No. 2 - Western Pacific, Tract 25779; and Landscape Maintenance District No. 3 - Centex, Tract 28626
Action: Adopted Resolution No. 2023-59, a Resolution of the City Council of the City of Norco, California, Preliminarily Approving the Assessment Engineer’s Report, Declaring its intention to Increase Assessments for Landscape Maintenance District 2 (Western Pacific) and to Provide for the Levy and Collection of Annual Assessments in said District, Setting a Time and Place for a Public Hearing thereon and Ordering the Initiation of Assessment Ballot Procedures; and
Adopted Resolution No. 2023-60, a Resolution of the City Council of the City of Norco, California, Preliminarily Approving the Assessment Engineer’s Report, Declaring its intention to Increase Assessments for Landscape Maintenance District 3 (Centex) and to Provide for the Levy and Collection of Annual Assessments in said District, Setting a Time and Place for a Public Hearing thereon and Ordering the Initiation of Assessment Ballot Procedures.
2.E. Accept and Award Contract for the Installation of Musco Sports Lighting Equipment for the Wayne Makin LED Lighting Upgrade Project (Project No. 54111.4) and Approve the Expenditure for Sales Tax on the Sports Lighting Equipment.
Action: Accepted and awarded contract to F.E.C. Electric, Inc. for the Wayne Makin LED Lighting Upgrade Project, in the amount of $669,000 and authorized the City Manager to approve contract change orders up to 10% of the original contract; and approved the expenditure in the amount of $133,438 for the sales tax on the sports lighting equipment.
2.F. Acceptance of Equestrian Trail Easement Dedication for 1090 Sixth Street (APN 131-260-046)
Action: Approved to accept the offer of dedication for the public equestrian trail easement located at 1090 Sixth Street (APN 131-260-046), authorized the Mayor to sign the Certificates of Acceptance and directed the City Clerk to file the Certificates of Acceptance with the County of Riverside Recorder’s Office.
City Council Minutes - September 18, 2023
3. ITEM(S) PULLED FROM CONSENT CALENDAR
2.G. Subordination Agreement of existing loan with Wasatch Advantage Group, LLC at Heritage Park Senior Citizen Apartment Complex.
Council Member Newton had questions and concerns which were addressed by Staff.
Following discussion, motion was made.
M/S GRUNDMEYER/BASH Approve and Execute a Subordination Agreement for Wasatch Advantage Group, LLC. The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, BASH, ALEMAN, AND HANNA
NOES: NEWTON
ABSENT: NONE
ABSTAIN: NONE
4. PUBLIC COMMENTS
There were no Public Comments at this time.
5. LEGISLATIVE MATTERS
5.A. Second Readings:
Ordinance No. 1102, Zone Code Amendment 2023-04 (City of Norco): 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.
Ordinance No. 1103, Zone Code Amendment 2023-05 (City of Norco): 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.
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
City Council Minutes - September 18, 2023
residential, subject to the requirements of Chapter 18.68 Chapter 18.68 – “Accessory Building Use Permits” of the Norco Municipal Code M/S ALEMAN/GRUNDMEYER Adopt Ordinance No. 1102, Second Reading, approving Zone Code Amendment 2023-04;
Adopt Ordinance No. 1103, Second Reading approving Zone Code Amendment 2023-05; and
Adopt Ordinance No. 1104, Second Reading approving Code Amendment 2023-
04. The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, BASH, ALEMAN, HANNA, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6. DISCUSSION / ACTION ITEM(S)
6.A. Discussion on recommendations regarding the planned Veteran's Housing project at 4095 and 4061 Sierra Avenue
City Manager Sassoon introduced the item and introduced the consultant from Keiser Marston.
Consultant Kathy Head from Keiser Marston presented their findings regarding the planned Veteran's Housing Project at 4095 and 4061 Sierra Avenue.
City Manager Sassoon discussed the Sub-committee discussions that were had.
Council Member Hanna discussed the property history.
Mayor Grundmeyer opened Public Comments.
There were no public comments at this time.
Mayor Grundmeyer closed Public Comments.
Following discussion and without formal motion, the City Council provided direction to City Staff to do more Sub-Committee work on the RFP and hold a Workshop with City Council at a future meeting.
City Council Minutes - September 18, 2023
That the City Council provide input on the recommendations for the Veterans Housing project as developed by the RFP consultant, Keyser Marston Associates.
7. PUBLIC HEARING(S)
7.A. Public Hearing to consider various actions related to a loan to Five Keys Schools and Programs to finance the purchase of a 2.38-acre property at 4208 California Avenue, for the establishment of a permanent site for the EAT Cultural Center and Farm.
City Manager Sassoon presented report to consider various actions related to a loan to Five Keys Schools and Programs to finance the purchase of a 2.38-acre property at 4208 California Avenue, for the establishment of a permanent site for the EAT Cultural Center and Farm. She introduced Vanessa Legbandt from Stradling Law.
Ms. Legbandt discussed the project and answered the questions asked by the City Council.
City Manager Sassoon addressed questions and concerns.
Mayor Grundmeyer opened the Public Hearing.
Chris Faucher spoke regarding the City of Norco, stating it is a real special place and he enjoys coming to work. He expressed his gratitude for the City taking a chance 5 years ago. He stated that they will not walk away.
Patrick Mitchell thanked City Council for the opportunity to share the vision of 5 Keys and EAT.
Mayor Grundmeyer closed the Public Hearing.
Following discussion, motion was made.
M/S BASH/HANNA It is recommended that the City Council conduct the public hearing, and then adopt Resolution No. 2023-61 approving the Loan Agreement with Five Keys Schools and Programs to finance the purchase of the property at 4208 California Avenue, and authorizing various actions related thereto; receive and file the related AB 562 Report pursuant to Government Code Section 53083; approve the Put-Option Agreement; and appropriate funds for the loan in an amount not to exceed $1,000,000 from the Economic Development Strategic Reserve. The Motion was carried by the following roll call vote:
City Council Minutes - September 18, 2023
AYES: GRUNDMEYER, BASH, ALEMAN, AND HANNA
NOES: NEWTON
ABSENT: NONE
ABSTAIN: NONE
8. CITY COUNCIL / STAFF COMMUNICATIONS
Facilities and Maintenance Director Hamilton introduced the new fellow from WRCOG, Galilea Rios, that joined her department.
Council Member Hanna discussed the water truck with Facilities and Maintenance Director Hamilton.
9. ADJOURNMENT
Mayor Grundmeyer adjourned the meeting at 9:54 p.m.
_________________________________
Dana Roa, CMC
City Clerk
MINUTES
City Council
Wednesday, October 4, 2023
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALLED TO ORDER 6:02 PM
ROLL CALL Robin Grundmeyer, Mayor
Kevin Bash, Mayor Pro Tem
Katherine Aleman, Council Member
Berwin Hanna, Council Member
Greg Newton, Council Member
CLOSED SESSIONS
Mayor Grundmeyer adjourned to Closed Sessions at 6:05 p.m.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 2 potential cases
CONFERENCE WITH LABOR NEGOTIATOR
Agency designated representative: City Manager Sassoon
Employee organization: Utility Workers Union of America, AFL-CIO Local 606 RECONVENED PUBLIC SESSION 7:04 PM
REPORT OF ACTION(S) TAKEN IN CLOSED SESSION
City Attorney Burns stated that there was nothing to report at this time.
PLEDGE OF ALLEGIANCE Council Member Greg Newton
INVOCATION Mayor Robin Grundmeyer
PRESENTATIONS
City Spirit Award
Community Spirit Award
Norco Fair Board of Directors
Proclamations
Red Ribbon Month - Robin Jones CNUSD
City Council Minutes - October 4, 2023
National Fire Prevention Month
1. CITY COUNCIL REPORTS ON REGIONAL BOARDS
Mayor Grundmeyer, Mayor Pro Tem and Council Members provided reports on their recent individual participation in committees, commissions, regional boards and community organizations.
2. CONSENT CALENDAR
a) Approval of Consent Calendar
Council Member Newton pulled Item 2.B.
M/S BASH/ALEMAN Approve remainder of Consent Calendar as presented. The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, BASH, ALEMAN, HANNA, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
2.A. Waive Reading of all Ordinance Adoptions on this Agenda and Read by Title Only.
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the agenda shall be determined to have been read by title and further reading waived.
2.C. Fiscal Year 2022-23 California State Fire Marshal Annual Inspection Compliance Report
Action: Received and Filed the Fiscal Year 2022-23 California State Fire Marshal Annual Inspection Compliance Report.
2.D. Authorizing the City Manager to Enter into a Reciprocal Agreement to Exchange Tax Data Specific to City Business License Information with the Franchise Tax Board
Action: Adopted Resolution No. 2023-61, authorizing the City Manager to enter into a reciprocal data exchange agreement with the Franchise Tax Board.
City Council Minutes - October 4, 2023
3. ITEM(S) PULLED FROM CONSENT CALENDAR
2.B. Approval of a Bluff Street Storage Yard Lease Agreement with Ferreira Construction.
Council Member Newton had questions related to trash containers on the project site, if provided by our franchise hauler.
Public Works Director Blais addressed question.
Following discussion, motion was made.
M/S NEWTON/HANNA Approve lease agreement with Ferreira Construction for 1/4 acre of property at the City's Bluff Street property (APN 121-110-001). The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, BASH, ALEMAN, HANNA, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
4. PUBLIC COMMENTS
There were no Public Comments at this time.
5. LEGISLATIVE MATTERS
There was nothing to report at this time.
6. DISCUSSION / ACTION ITEM(S)
There was nothing to report at this time.
7. PUBLIC HEARING(S)
7.A. Ordinance No. 1105, First Reading: Amending Norco Municipal Code Section
5.36 “Apiaries” to Modify Beekeeping Requirements on Residential Properties.
Code Amendment 2023-05.
City Council Minutes - October 4, 2023
Animal Control Superintendent Sparks presented report regarding Amending the Norco Municipal Code Section 5.36 “Apiaries” to Modify Beekeeping Requirements on Residential Properties.
Council Members Newton, Aleman and Hanna had questions and concerns for staff.
Animal Control Superintendent Sparks and Community Development Director Robles answered questions and addressed concerns.
Mayor Grundmeyer opened the Public Hearing.
Bill Naylor discussed his concerns about beekeeping in the City.
Mayor Grundmeyer closed the Public Hearing.
Mayor Pro Tem Bash had questions for the Professor of Entomology from University of California Riverside.
The Professor answered questions and discussed concerns.
Following further discussion, motion was made.
M/S BASH/ALEMAN Adopt Ordinance No. 1105, First Reading (City of Norco): An Ordinance of the City Council of the City of Norco, California, Amending the Norco Municipal Code Section 5.36 “Apiaries” to modify beekeeping requirements on residential properties, approve Code Amendment 2023-05, and schedule Second Reading on October 18, 2023. The Motion was carried by the following roll call vote:
AYES: GRUNDMEYER, BASH, ALEMAN, HANNA, AND NEWTON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
8. CITY COUNCIL / STAFF COMMUNICATIONS
Public Works Director Blais reminded the community of the Community Clean Up event scheduled for Saturday October 7.
Council Member Newton discussed needs at the storm drain project on Fourth and Valley View.
City Council Minutes - October 4, 2023
City Attorney Burns addressed concerns.
Council Member Aleman discussed Coffee with a Cop event.
Mayor Pro Tem Bash discussed his meeting with local Cub Scouts.
9. ADJOURNMENT
Mayor Grundmeyer adjourned the meeting at 8:29 p.m.
_________________________________
Dana Roa, CMC
City Clerk
City Council
STAFF REPORT
Date: October 18, 2023 Agenda Item:
2.C.
To: Honorable Mayor and City Council Members
Prepared By: Alma Robles, Planning Director
Department: Planning
SUBJECT:
Recap of Actions Taken by the Planning Commission at its Meeting Held on October 11, 2023
RECOMMENDATION:
Receive and file the recap of actions taken by the Planning Commission at its meeting held on October 11, 2023.
REVIEWED AND APPROVED BY:
ATTACHMENT(S):
Planning Commission - Oct 11 2023 - Minutes
MINUTES
Planning Commission
Wednesday, October 11, 2023
City Council Chamber – Norco City Hall
2820 Clark Avenue, Norco, CA 92860
CALLED TO ORDER 7:00 PM
ROLL CALL Jeff Shyu, Chair
Fia Sullivan, Vice Chair
Danny Azevedo, Member
Patricia Hedges, Member
Tara Young, Member
Henry Langlois, Youth Commissioner
PLEDGE OF ALLEGIANCE Chair Jeff Shyu
Community Development Director Robles read the Appeal Notice into the record.
APPEAL NOTICE: In the event that you disagree with the action taken by the Planning Commission in regards to your application, or with any condition for approval of the application which is not a specific requirement of the Norco Municipal Code, you are entitled to appeal such determination or conditions to the Norco City Council, provided that such appeal is filed with the Norco City Clerk within ten calendar days after the requirements for appeals, inclusive of payment of an appeal fee.
1. CONSENT CALENDAR
1.A. Approval of Planning Commission Regular Meeting Minutes M/S HEDGES/SULLIVAN Approve the Planning Commission Meeting Minutes of September 13, 2023. The Motion was carried by the following roll call vote:
AYES: SHYU, SULLIVAN, AZEVEDO, HEDGES, YOUNG, AND LANGLOIS NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
2. ITEM(S) PULLED FROM CONSENT CALENDAR
There were no items pulled from the consent calendar.
3. PUBLIC COMMENTS
Planning Commission Minutes - October 11, 2023
There were no public comments at this time.
Chair Shyu requested to take Item 5.B. out of order at this time.
5.B. Conditional Use Permit 2023-09 (Cortez): A request to allow an additional two dogs for a total of six dogs at 936 River Drive within the A-1 (Agricultural, Low Density) Zone. (APN: 152-100-013)
Community Development Director Robles presented report regarding the Conditional Use Permit 2023-09 (Cortez): A request to allow an additional two dogs for a total of six dogs at 936 River Drive within the A-1 (Agricultural, Low Density) Zone.
Animal Shelter Superintendent Sparks presented the animal shelter findings at this time.
Chair Shyu had questions regarding the Sunset Clause which was addressed by staff.
Chair Shyu opened the public hearing.
Bonnie Slager spoke regarding issues she has had with dogs and is concerned about this conditional use permit.
The applicant, Mirna Cortes, spoke regarding her property.
Chair Shyu closed the public hearing.
Following further discussion, motion was made.
M/S HEDGES/YOUNG Approve Conditional Use Permit (CUP) 2023-09 subject to the attached Conditions of Approval on Resolution 2023-25 allowing two additional dogs for a total of six dogs on said property. The Motion was carried by the following roll call vote:
AYES: SHYU, SULLIVAN, AZEVEDO, HEDGES, YOUNG, AND LANGLOIS NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
4. DISCUSSION / ACTION ITEM(S)
Planning Commission Minutes - October 11, 2023
4.A. Site Plan 2022-13 (West): A request to approve an Accessory Building Use Permit for a 500 square-foot detached garage at 2104 Alhambra Street within the R-1 (Residential Single-Family) Zone. (APN 130-173-005)
Senior Planner Acuna presented report regarding Site Plan 2022-13: A request to approve an Accessory Building Use Permit for a 500 square-foot detached garage at 2104 Alhambra Street within the R-1 Zone.
Chair Shyu opened public comment.
There was no public comment at this time.
Chair Shyu closed public comment.
Following discussion, motion was made.
M/S AZEVEDO/SULLIVAN approve Site Plan 2022-13 subject to the attached Conditions of Approval on Resolution 2023-24. The Motion was carried by the following roll call vote:
AYES: SHYU, SULLIVAN, AZEVEDO, HEDGES, YOUNG, AND LANGLOIS NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
4.B. Site Plan 2023-02 (Afram): A request to convert three existing buildings for commercial/office use and legalize a 460 square-foot addition on one of the existing buildings to accommodate an electrical supply business at 433 Sixth Street, within the C-4 (Commercial) Zone. (APN: 133-160-008).
Senior Planner Acuna presented report regarding Site Plan 2023-02: A request to convert three existing buildings for commercial/office use and legalize a 460 square-foot addition on one of the existing buildings to accommodate an electrical supply business at 433 Sixth Street, within the C-4 Zone.
Chair Shyu and Member Hedges, Sullivan and Azevedo had questions and concerns related to parking, ADA requirements and the full kitchen and bath on the site plan.
Senior Planner Acuna addressed issues.
Applicant Afram addressed issues that the Commission had brought to his attention.
Planning Commission Minutes - October 11, 2023
Chair Shyu opened public comments.
There were no public comments at this time.
Following further discussion, motion was made to continue item off calendar so staff can review feedback from the Commission and make corrections as appropriate.
M/S HEDGES/YOUNG Continue the approval of Site Plan 2023-02 off calendar.
The Motion was carried by the following roll call vote:
AYES: SHYU, SULLIVAN, AZEVEDO, HEDGES, YOUNG, AND LANGLOIS NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
4.C. Site Plan 2023-09 (Ayala): A request to allow the construction of an 875 squarefoot detached garage at 1252 First Street, within the A-1-40 zone (APN: 125- 312-005)
Senior Planner Acuna presented report regarding Site Plan 2023-09: A request to allow the construction of an 875 square-foot detached garage at 1252 First Street, within the A-1-40 zone.
Chair Shyu opened public comment.
There was no public comment at this time.
Chair Shyu closed public comment.
Following discussion, motion was made.
M/S HEDGES/AZEVEDO Approve Site Plan 2023-09 subject to the attached Conditions of Approval on Resolution 2023-23. The Motion was carried by the following roll call vote:
AYES: SHYU, SULLIVAN, AZEVEDO, HEDGES, YOUNG, AND LANGLOIS NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Planning Commission Minutes - October 11, 2023
4.D. Site Plan 2023-09 (Shed World, LLC): A request to approve an Accessory Building Use Permit for a 1,000 square-foot large vehicle garage at 2428 Alhambra Street within the A-E (Agricultural Estate) Zone. (APN 130-272-001) Senior Planner Acuna presented report regarding Site Plan 2023-09: A request to approve an Accessory Building Use Permit for a 1,000 square-foot large vehicle garage at 2428 Alhambra Street within the A-E Zone.
Member Hedges had questions on page 75 of the staff report regarding Animal Keeping that were addressed by staff.
Chair Shyu opened public comment.
There were no public comments at this time.
Chair Shyu closed public comment.
The applicant, Shed World Representative, spoke to the project.
Following discussion, motion was made.
M/S HEDGES/SULLIVAN Approve Site Plan 2023-09 subject to the attached Conditions of Approval on Resolution 2023-26. The Motion was carried by the following roll call vote:
AYES: SHYU, SULLIVAN, AZEVEDO, HEDGES, YOUNG, AND LANGLOIS NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5. PUBLIC HEARING(S)
5.A. Conditional Use Permit 2023-06 (Heng): A request to legalize four 8' x 40' cargo containers totaling 1,280 square feet at 1128 Second Street, within the A-1-40 (Residential Agricultural) Zone. (APN: 125-200-011).
Senior Planner Acuna presented report regarding Conditional Use Permit 2023- 06: A request to legalize four 8' x 40' cargo containers totaling 1,280 square feet at 1128 Second Street, within the A-1-40.
Members Sullivan and Young asked questions of staff.
The applicant, Heng, spoke regarding his property.
Planning Commission Minutes - October 11, 2023
Chair Shyu opened Public Hearing.
Mike Thompson declined to speak.
Bill Naylor spoke regarding additional trees needed on the property.
Chair Shyu closed the Public Hearing.
Following discussion, motion was made.
M/S YOUNG/SHYU Approve Conditional Use Permit (CUP) 2023-06 subject to the attached Conditions of Approval on Resolution 2023-21. The Motion was carried by the following roll call vote:
AYES: SHYU, SULLIVAN, AZEVEDO, HEDGES, YOUNG, AND LANGLOIS NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
5.C. Site Plan 2021-08/Variance 2023-04 (Stabile): A request to approve an Accessory Building Use Permit for a 600 square-foot large vehicle garage at 2375 Kips Korner Road located within the A-1 (Agricultural, Low Density) Zone.
Variance 2023-04 is a request for a variance from the setback and height requirements of Chapter 18.68 – “Accessory Building Use Permits” to allow the subject garage.
Community Development Director Robles presented report regarding Site Plan 2021-08/Variance 2023-04: A request to approve an Accessory Building Use Permit for a 600 square-foot large vehicle garage at 2375 Kips Korner Road located within the A-1 Zone. Variance 2023-04 is a request for a variance from the setback and height requirements of Chapter 18.68 – “Accessory Building Use Permits” to allow the subject garage.
Chair Shyu and Members Hedges, Sullivan and Azevedo had questions and concerns that were addressed by staff.
Applicant representative, Bob Kelso, spoke regarding the property.
Chair Shyu opened the public hearing.
There were no public comments at this time.
Chair Shyu closed the public hearing.
Planning Commission Minutes - October 11, 2023
Following discussion, motion was made.
M/S YOUNG/HEDGES Approve Variance 2023-04 and Site Plan 2021-08 subject to the attached Conditions of Approval in Resolution 2023-27 and Resolution 2023- 28 respectively. The Motion was carried by the following roll call vote:
AYES: SHYU, SULLIVAN, AZEVEDO, HEDGES, YOUNG, AND LANGLOIS NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
6. COMMISSION / STAFF COMMUNICATIONS
There were no comments at this time.
7. ADJOURNMENT
Chair Shyu adjourned the meeting at 8:30 p.m.
City Council
STAFF REPORT
Date: October 18, 2023 Agenda Item:
2.D.
To: Honorable Mayor and City Council Members
Prepared By: Lisette Free, Finance Director
Department: City Council
SUBJECT:
Measure R Citizens' Oversight Committee Policy and Procedures for Additional Budget Appropriation Requests
RECOMMENDATION:
Approve and Adopt Resolution 2023-65 Measure R Citizens' Oversight Committee Policy and Procedures for Additional Budget Appropriation Requests as currently written.
SUMMARY:
On August 16, 2023, City Council reviewed proposed requirements regarding procedures for additional Measure R budget appropriations, and how the Measure R Oversight Committee should be involved when a Committee-recommended project requires additional Measure R funding. City Council reviewed options provided and approved to keep existing procedure with City Council approving additional appropriations with follow-up communication to the Measure R Committee.
BACKGROUND:
On June 19, 2023, City Council directed staff to prepare options for Council consideration regarding procedures for additional Measure R budget appropriations, and how the Measure R Oversight Committee should be involved when a Committeerecommended project requires additional Measure R funding. This would ensure a consistent procedural approach when requesting additional funding for the City's various projects and programs through the Measure R Committee.
The Measure R Committee's responsibilities and duties include reviewing lists of proposed projects and programs to be funded with Measure R revenues, prioritizing projects and programs, making adjustments and providing recommendations to City Council for final approval. The Committee periodically (at least semi-annually) reviews revenues and expenditures, along with other related reports and information produced by staff regarding Measure R funds. The Committee provides recommendations to the
City Council on whether revenues were collected and expended as approved, reviews the annual independent auditor's report on Measure R revenues and expenditures, and provides appropriate recommendations to the City Council for those reports.
Since the inception of Measure R, staff has provided the Committee lists of proposed projects and programs to be funded with Measure R revenues for review and recommendation for City Council approval. Up until this point, when an approved project exceeds the estimated budget, the general procedure has been that additional budget appropriations are submitted to City Council for approval and staff notifies the Committee of any increase.
Staff reviewed and discussed various options and proposes the following options for Council consideration:
First Option - Keep existing procedure with City Council approving additional appropriations with follow-up communication to the Measure R Committee. Second Option - This option requires additional appropriations to be reviewed and
recommended by the Committee before City Council consideration of the adjustment.
Third Option - This option requires projects that are more than $250,000 over the original approved budget, be reviewed and recommended by the Committee before City Council consideration of the adjustment.
The role of the Committee is critically important and its review of projects is a hallmark aspect of the Measure R program. However, in the months after a project is recommended for approval by the Committee, many circumstances can change that lead to changes in the originally-approved budgets. The current procedure has been working well and has not raised issues up to this point; it is an efficient process, and the Committee is kept in the loop.
On August 16, 2023, City Council reviewed proposed requirements regarding procedures for additional Measure R budget appropriations and approved to keep existing procedure with City Council approving additional appropriations with follow-up communication to the Measure R Committee. Adoption of the resolution will memorialize this action for future reference.
FISCAL IMPACT:
There is no financial impact for this item.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction #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):
Resolution No 2023-65 Measure R Procedures
RESOLUTION NO. 2023-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING MEASURE R CITIZENS' OVERSIGHT
COMMITTEE POLICY AND PROCEDURES FOR ADDITIONAL BUDGET
APPROPRIATION REQUESTS
WHEREAS, Measure R, a one-cent transactions and use tax, was approved by Norco voters on November 6, 2018, during the General Municipal Election; and WHEREAS, Measure R allows Norco to preserve its quality of life, and restore deteriorating streets, trails, parks, facilities and equestrian amenities while preventing additional cuts to Norco’s public safety services so safe levels of sheriff and fire protection can be maintained without risking emergency response times; and WHEREAS, Measure R has built-in safeguards and requires firm citizens oversight, as well as third-party independent audits, to ensure that the revenue is allocated to the projects, programs and services that Norco residents agree are important for Horsetown USA; and
WHEREAS, the Citizens’ Oversight Committee reviews schedules and lists of proposed projects and programs to be funded with Measure R revenues, prioritizes projects and programs and provides recommendations to the City Council for final approval.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Norco, California, formalize the following policies and procedures when additional appropriations are deemed necessary from approved Measure R projects and programs:
The City Council will approve additional Measure R appropriations with follow-up communication to the Measure R Committee.
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held October 18, 2023.
ATTEST:
Robin Grundmeyer, Mayor
City of Norco, California
Dana Roa, CMC, City Clerk
Resolution 2023-65 – Measure R Citizens’ Oversight Committee Policy and Procedures
October 18, 2023
City of Norco, California
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on October 18, 2023, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Norco, California on October 18, 2023.
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: October 18, 2023 Agenda Item:
2.E.
To: Honorable Mayor and City Council Members
Prepared By: Lisette Free, Finance Director
Department: Finance
SUBJECT:
Quarterly Investment Report for Quarter Ended September 30, 2023 RECOMMENDATION:
Receive and file the Quarterly Investment Report for the Quarter Ended September 30, 2023.
SUMMARY:
This report has been prepared to meet the requirements of the City’s Investment Policy and applicable sections of the State of California Government Code.
BACKGROUND:
The City’s Investment Policy requires the Treasurer to render a quarterly report to the legislative body. The report is to be prepared in accordance with Government Code Section 53646(b)(1) and should contain detailed information on all securities, investments, and monies of the local agency; a statement of compliance of the portfolio with the Statement of Investment Policy; and a statement of the City’s ability to meet its cash flow requirements for the next six months. This report, which is for the quarter ended September 30, 2023, meets the requirements of the Investment Policy and Government Code. It covers funds of the City and the Successor Agency to the former Norco Redevelopment Agency.
The attached schedules (Attachments 1 through 4) have been prepared to meet the detailed requirements of the Government Code and the City’s Investment Policy as approved by the Council on April 5, 2023. It is to be noted that the Investment Policy excludes certain investments (bond proceeds) from these requirements. This means that bond proceeds are invested in accordance with the provisions of the bond indentures rather than the provisions of the Investment Policy. Consequently, in determining whether the operating portfolio holdings are in compliance with the Government Code and the approved Investment Policy, investments of bond proceeds have been excluded.
Attachment 1 provides a summary schedule of the City’s operating portfolio holdings by type as of September 30, 2023. This summary also provides information on whether or not each investment category complies with the limitations imposed by State law and the City’s Investment Policy. Investments that are subject to the Statement of Investment Policy are operating or idle funds invested by the Treasurer within the provisions of the approved Investment Policy. During the quarter ended September 30, 2023, the operating portfolio decreased by a net amount of $14.7 million from $105.2 million to $90.5 million.
The excess of disbursements over receipts is anticipated during this quarter due to increased spending on capital projects, prepayment of CalPERS unfunded actuarial liability (UAL), semi-annual debt service payments of the Successor Agency, Community Facilities Districts and Water and Sewer Bonds made during this quarter.
During the quarter, the City made total debt service payments of $5.3 million on outstanding Bonds and provided $956,000 in funding for loan to Five Keys Schools and Programs to finance the purchase of a 2.38 acre property. Additionally, revenue receipts during the first quarter of the fiscal year are typically low due to the seasonal receipt of property tax, vehicle license fees, or electric/gas franchise fees in the fall and spring.
A summary of investments not subject to the provisions of the Investment Policy (bond proceeds and debt service reserve funds) is also shown on Attachment 1. These funds are invested in accordance with applicable bond indenture provisions. During the quarter ended September 30, 2023, bond proceeds and debt service reserve fund portfolio increased by a net amount of $2.3 million from $6.5 million to $8.8 million due to the transfer from operating funds for the debt service payments due October 1, 2023.
Attachment 2 provides a graphical breakdown of the operating portfolio holdings by investment type as of September 30, 2023. This chart is for investments that are subject to the Investment Policy. The operating portfolio consisted of 60% investment in the State of California Local Agency Investment Fund (LAIF), 6% in the CA Management Plan pool (CAMP), 20% in Agency Securities, 7% in US Treasury Securities, and the remaining 7% in cash.
Attachment 3 provides a detailed listing of the City’s portfolio holdings as required by the Government Code. In this listing, “N/A” is used to denote that the information is either not available or applicable. Agency Securities issued by United States Government Sponsored Entities (GSEs) are rated “AA+” by Moody’s rating service and “AAA” by S&P Global rating service.
Attachment 4 indicates cash balances by Fund as additional information to complement the schedule of investment holdings. For the Operating Funds, the cash balance provides an indication of the financial health of each Fund.
CASH FLOWS: Based on cash balances as of September 30, 2023 and anticipated cash receipts for the next six months, staff estimates that there will be sufficient cash to cover disbursements for the City and Successor Agency for the next six months ending March 31, 2024.
FISCAL IMPACT:
Not applicable for this item.
RELATIONSHIP TO STRATEGIC PLAN:
The Quarterly Investment Report is consistent with Strategic Direction #3 - Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 1
City of Norco, California
Portfolio Summary
As of September 30, 2023
City Investments Subject to Investment Policy Market Value Percentage Policy Maximum Compliance Cash $ 6,610,308 7.30% NA In Compliance
Local Agency Investment Fund 54,595,136 60.30% 100% In Compliance CAMP 5,094,015 5.63% 100% In Compliance
U.S. Treasury Securities 6,348,098 7.01% 100% In Compliance U.S. Government Agency Securities 17,897,150 19.77% 100% In Compliance Total $ 90,544,707 100.00%
2.706%
City Investments Not Subject to Investment Policy Market Value Percentage Community Facilities Districts $ 2,044,789 23.33%
Sewer and Water System 1,902,947 21.71%
Refunding Tax Allocation Bonds 4,816,884 54.96%
Total $ 8,764,620 100.00%
1.725%
Estimated Portfolio Yield
Estimated Portfolio Yield
Attachment 2
BEGINNING AND ENDING VALUES BREAKDOWN OF INVESTMENTS
Beg. Market Values Ending Market Values
Breakdown 6/30/2023 9/30/2023 Investments Subject to Investment Policy Portfolio % Rating Cash 5,602,963 6,610,308 Local Agency Investment Fund 54,595,136 60.30% Not Rated Local Agency Investment Fund 70,921,303 54,595,136 Federal Home Loan Banks 14,939,240 16.50% AAA California Asset Management Plan 5,024,555 5,094,015 CA Asset Management Plan 5,094,015 5.63% AAAm U.S. Treasury Securities 5,933,940 6,348,098 Federal Farm Credit Banks 2,957,910 3.27% AAA U.S. Government Agency Securities 17,728,470 17,897,150 Wells Fargo Checking Account 6,540,695 7.22% Not Rated Total Market Value 105,211,231 90,544,707 US Treasury Bills 3,377,288 3.73% Not Rated US Treasury Notes 2,970,810 3.28% AAA
US Bank Principal Cash 69,613 0.08% Not Rated
TOTAL 90,544,707 100%
SUMMARY OF CITY OF NORCO'S PORTFOLIO
INVESTMENTS SUBJECT TO INVESTMENT POLICY
Not Rated
71%
Rated
29%
By Rating
< 1 year
89%
1-3 years
11%
> 3 years
0%
By Maturity (Years)
Local Agency
Investment
Fund
60%
Federal Home
Loan Banks
17%
Federal Farm
Credit Banks
3%
CA Asset
Management
Plan…
Cash and Cash
Equivalents
7%
US Treasury
Bills
4%
US Treasury
Notes
3%
By Type
Attachment 3 Page 1
City of Norco, California
Portfolio Details
As of September 30, 2023
Investments Subject to Policy
Cash & Cash Equivalents
Purchase
Date Maturity Date CUSIP # Description of Security
Investment
Policy Account Rating
Coupon
Rate
Yield to
Maturity Face Value Cost Market Value
N/A N/A N/A Checking Accounts N/A Wells Fargo N/A N/A 0.00% N/A 6,540,695 6,540,695 N/A N/A N/A Principal Cash N/A US Bank N/A N/A 0.00% N/A 69,613 69,613 Subtotal 6,610,308 6,610,308
Local Agency Investment Fund
Purchase
Date Maturity Date CUSIP # Description of Security
Investment
Policy Account Rating
Coupon
Rate
Yield to
Maturity Face Value Cost Market Value
N/A N/A N/A Local Agency Investment Fund XI.15 State of California N/A N/A N/A N/A 55,436,187 54,595,136 Subtotal 55,436,187 54,595,136
California Asset Management Plan
Purchase
Date Maturity Date CUSIP # Description of Security
Investment
Policy Account Rating
Coupon
Rate
Yield to
Maturity Face Value Cost Market Value
N/A N/A N/A California Asset Management Plan XI.13 CA Joint Powers Authority N/A N/A N/A N/A 5,000,000 5,094,015 Subtotal 5,000,000 5,094,015
US Bank Custodial Account
06/28/21 09/30/24 3130AMV74 Federal Home Loan Banks XI.5 US Bank AAA 0.400% 0.400% 5,000,000 5,000,000 4,749,700 12/30/21 12/30/24 3130AQAR4 Federal Home Loan Banks XI.5 US Bank AAA 1.500% 1.500% 2,500,000 2,500,000 2,382,625 12/23/21 12/23/24 3130AQAS2 Federal Home Loan Banks XI.5 US Bank AAA 1.070% 1.070% 2,500,000 2,500,000 2,368,425 12/28/21 03/28/24 3130AQB44 Federal Home Loan Banks XI.5 US Bank AAA 0.875% 0.875% 2,500,000 2,500,000 2,443,950 01/19/22 01/25/24 3133ENLY4 Federal Farm Credit Banks XI.5 US Bank AAA 1.040% 1.040% 3,000,000 3,000,000 2,957,910 12/30/22 12/22/23 3130AUD68 Federal Home Loan Banks XI.5 US Bank AAA 4.750% 4.750% 3,000,000 2,998,200 2,994,540 08/21/23 08/21/25 3130AWXU9 United States Treasury Bills XI.2 US Bank N/A 5.500% 5.500% 3,400,000 3,400,000 3,377,288 02/08/23 01/31/24 9128285Z9 United States Treasury Notes XI.2 US Bank AAA 2.500% 2.500% 3,000,000 2,933,610 2,970,810 24,831,810 24,245,248
Total Investments Subject to Policy 91,878,305 90,544,707
Attachment 3 Page 2
City of Norco, California
Portfolio Details
As of September 30, 2023
Investments Not Subject to Policy (Bond Proceeds)
Community Facilities Districts
Cash and Cash Equivalents
Purchase
Date Maturity Date CUSIP # Description of Security
Investment
Policy Account Rating
Coupon
Rate
Yield to
Maturity Face Value Cost Market Value
N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 65,884 65,884 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 178 178 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 28,083 28,083 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 112 112 N/A N/A 31846V203 First American Government XI.11 US Bank N/A N/A 4.956% N/A 350,053 350,053 N/A N/A 31846V203 First American Government XI.11 US Bank N/A N/A 4.956% N/A 120 120 N/A N/A 31846V203 First American Government XI.11 US Bank N/A N/A 4.956% N/A 16,588 16,588 Subtotal 461,018 461,018
Local Agency Investment Fund
Purchase
Date Maturity Date CUSIP # Description of Security
Investment
Policy Account Rating
Coupon
Rate
Yield to
Maturity Face Value Cost Market Value
N/A N/A N/A Local Agency Investment Fund (CFD 2002-1) XI.15 State of California N/A N/A N/A N/A 59,301 58,402 Subtotal 59,301 58,402
U.S. and Agency Securities
Purchase
Date Maturity Date CUSIP # Description of Security
Investment
Policy Account Rating
Coupon
Rate
Yield to
Maturity Face Value Cost Market Value
08/21/19 08/24/25 3136G4Q97 F H L M C M T N XI.5 US Bank AAA 0.650% 0.709% 1,440,000 1,440,000 1,320,034 11/10/20 08/23/24 3135GA4R9 F N M A XI.5 US Bank AAA 0.420% 0.440% 215,000 215,000 205,336 1,655,000 1,655,000 1,525,369
Total Community Facilities Districts 2,175,319 2,044,789 Investments Not Subject to Policy (Bond Proceeds)
Sewer and Water System
Cash and Cash Equivalents
Purchase
Date Maturity Date CUSIP # Description of Security
Investment
Policy Account Rating
Coupon
Rate
Yield to
Maturity Face Value Cost Market Value
N/A N/A 31846V203 First American Government XI.11 US Bank N/A N/A 4.956% N/A 273 273 N/A N/A 31846V203 First American Government XI.11 US Bank N/A N/A 4.956% N/A 767,437 767,437 N/A N/A 31846V203 First American Government XI.11 US Bank N/A N/A 4.956% N/A 1,135,231 1,135,231 N/A N/A 31846V203 First American Government XI.11 US Bank N/A N/A 4.956% N/A 6 6 Subtotal 1,902,947 1,902,947
Total Sewer and Water System 1,902,947 1,902,947
Attachment 3 Page 3
City of Norco, California
Portfolio Details
As of September 30, 2023
Investments Not Subject to Policy (Bond Proceeds)
Refunding Tax Allocation Bonds
Cash & Cash Equivalents
Purchase
Date Maturity Date CUSIP # Description of Security
Investment
Policy Account Rating
Coupon
Rate
Yield to
Maturity Face Value Cost Market Value
N/A N/A 31846V401 First American Government Obligation XI.11 US Bank N/A N/A 4.807% N/A 121,879 121,879 N/A N/A 31846V401 First American Government Obligation XI.11 US Bank N/A N/A 4.807% N/A 369 369 N/A N/A 31846V401 First American Government Obligation XI.11 US Bank N/A N/A 4.807% N/A 574 574 N/A N/A 31846V401 First American Government Obligation XI.11 US Bank N/A N/A 4.807% N/A 325 325 N/A N/A 31846V401 First American Government Obligation XI.11 US Bank N/A N/A 4.807% N/A 34,001 34,001 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 95 95 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 23 23 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 26 26 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 25,145 25,145 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 56,346 56,346 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 11 11 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 15 15 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 14,220 14,220 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 107,419 107,419 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 77 77 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 66 66 N/A N/A 9AMMF05B2 US Bank Money Market XI.11 US Bank N/A N/A 0.005% N/A 24,919 24,919 Subtotal 385,509 385,509
Local Agency Investment Fund
Purchase
Date Maturity Date CUSIP # Description of Security
Investment
Policy Account Rating
Coupon
Rate
Yield to
Maturity Face Value Cost Market Value
N/A N/A N/A Local Agency Investment Fund (2010 TABs) XI.15 State of California N/A N/A N/A N/A 24,772 24,396 N/A N/A N/A Local Agency Investment Fund (2003 TABs) XI.15 State of California N/A N/A N/A N/A 113,132 111,416 Subtotal 137,904 135,811
U.S. and Agency Securities
Purchase
Date Maturity Date CUSIP # Description of Security
Investment
Policy Account Rating
Coupon
Rate
Yield to
Maturity Face Value Cost Market Value
11/23/20 08/23/24 3135GA4R9 F N M A XI.5 US Bank AAA 0.420% 0.440% N/A 1,940,000 1,852,797 05/26/21 05/26/26 3130AMG63 Federal Home Loan Banks XI.5 US Bank AAA 0.500% 0.500% N/A 1,040,000 947,939 05/26/21 05/26/26 3130AMG63 Federal Home Loan Banks XI.5 US Bank AAA 0.500% 0.500% N/A 1,055,000 961,611 05/26/21 05/26/26 3130AMG63 Federal Home Loan Banks XI.5 US Bank AAA 0.500% 0.500% N/A 585,000 533,216 Subtotal 4,620,000 4,295,563
Total Refunding Tax Allocation Bonds 5,143,413 4,816,884 Total Investments Not Subject to Policy 9,221,679 8,764,620
Attachment 4
City of Norco, California
Portfolio Details by Fund
As of September 30, 2023
Investments Subject to Policy Qtr ended
09/30/23
Fund Description Balance
012 Successor Agency Project Fund 135,639
016 Cal Home Grant Fund 124,422
017 Successor Agency Fund 1,856,870
018 Housing Fund 4,020,032
121 General Fund 29,428,838
122 Miscellaneous Grants Fund (38,721)
123 CDBG Fund (934)
124 Water Fund 5,336,677
126 Sewer Fund 3,221,655
127/132 Measure R Fund 13,202,276
128 Equipment Replacement Fund 4,297,698
129 Storm Drain Fund (1,341,076)
131 Nancy Newman Fund 84,042
133 Gas Tax Fund 57,354
134 Benefits and Insurance Fund 220,998
135 Information Technology Fund 763,044
136 SB1 Road Maintenance & Rehab. Fund 19,881
137 Measure A Fund 624,005
139 NPDES Fund (24,188)
140 General Govt Improvement Fund 545,619
141 Park Improvement Fund 962,365
142 Fire Improvement Fund 640,765
143 Trail Improvement Fund 233,288
144 Water Capital Fund 6,261,638
146 Public Meeting Facilities Fund 199,581
147 Sewer Facilities Fund 12,671,626
149 Street Improvement Fund 188,972
151 Animal Control Fund 43,125
152 Facility Improvement Fund 127,058
154 Trust Deposit Fund 532,827
156 AQMD Fund 140,451
158 Waste Management Fund (76,856)
181 CFD 97-1 589,374
182 CFD 2001-1 743,686
183 CFD 2002-1 181,628
179 LMD #1 (6,137)
176 LMD #2 (39,212)
177 LMD #3 (5,815)
186 LMD #4 260,162
187 LMD #5 94,119
Subtotal - General Ledger 86,276,776
Various Outstanding Checks/Deposits in Transit 4,267,931 Total Cash and Investments 90,544,707
Attachment 5
Quarterly Investment Portfolio
For the Quarter Ended September 30, 2023
As required by the Government Code, the Treasurer certifies that the investments reported in the accompanying schedules (Attachments 1 through 4) comply with the City of Norco Investment Policy and that sufficient liquidity along with anticipated revenues are available to meet the City and Successor Agency budgeted expenditure requirements for the next six months ending March 31, 2024. ___________________________ October 18, 2023__________
Lisette Free, Finance Director Date
City Council
STAFF REPORT
Date: October 18, 2023 Agenda Item:
2.F.
To: Honorable Mayor and City Council Members
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Recycled Water Grant Application
RECOMMENDATION:
Approve Resolution 2023-63 authorizing the City Manager or their designee to sign and file, for and on behalf of the City, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board.
SUMMARY:
The City of Norco is actively looking for external funding opportunities to assist in the construction of critical infrastructure to support the City's desire to have a functioning recycled water system. The State Water Resources Control Board is offering a grant that provides up to 35% of the overall construction project costs and would provide a significant funding boost if Norco is awarded a grant. Part of the application process is to include a resolution that outlines the City's intent to use the proposed grant funds to finance the project and authorizes the City Manager or their designee to sign required documents for financial assistance.
BACKGROUND:
Since 2005, Norco has invested in the development of a recycled water system and strategies utilizing non-potable and recycled water resources to supplement its overall water supply portfolio and help address ongoing and long-term drought conditions.
Unfortunately, the State permit necessary to use recycled water from the Western Riverside County Regional Wastewater Authority (WRCRWA) treatment plant was bogged down in legal challenges that took over a decade to resolve. A regional permit for WRCRWA was approved by the State in 2018 and Norco has been actively working with the other member agencies of WRCRWA to develop a Regional Recycled Water Program that can supply recycled water to any member agency and potentially sell water to neighboring jurisdictions.
The Joint Powers Authority (JPA) of WRCRWA has collectively developed a plan and completed plans to construct a regional recycled water booster pump station that can provide water to those JPA members that have recycled water needs. The design also includes construction of a Northerly Pipeline to convey excess recycled water from the pump station to a future connection with the Inland Empire Utilities Agency (IEUA). By investing in this infrastructure, the member agencies of WRCRWA are creating a new source of recycled water for our communities and reducing reliance on groundwater to serve customer needs.
The City Council previously approved a non-binding memorandum of understanding regarding Norco's participation in the construction of the pump station and transmission pipeline. The cost share for the City of Norco for the project is anticipated to be nearly $6 million dollars for the pump station and transmission pipeline to IEUA. The cost analysis conducted for the project showed a positive net fiscal benefit to the investment over time. The JPA is currently negotiating a potential recycled water supply agreement that might include direct capital funding from IEUA which would reduce the overall costs for all WRCRWA member agencies.
Staff is recommending City Council approve Resolution 2023-63 authorizing the City Manager or their designee to sign and file, for and on behalf of the City, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board.
FISCAL IMPACT:
There is no financial impact to submitting the grant application to the State Water Resources Control Board. If the City is awarded the grant, the 35% State funding of construction costs would help the City reduce its project costs.
RELATIONSHIP TO STRATEGIC PLAN:
The approval of this resolution for grant funding application is consistent with Strategic Plan Goal No. 5 - Infrastructure & Asset and Management: Ensure timely preservation, replacement, improvement and acquisition of infrastructure and capital assets.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Resolution No. 2023-63 SWRCB Grant
RESOLUTION NO. 2023-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO
AUTHORIZING A FINANCIAL ASSISTANCE APPLICATION TO THE
STATE WATER RESOURCES CONTROL BOARD FOR THE
REPLACEMENT OF RECLAIMED WATER REGIONAL LIFT STATION
AND IEUA COVEYANCE PIPELINE PROJECT AND DESIGNATING
THE CITY MANAGER OR DESIGNEE TO SIGN AND SUBMIT THE
APPLICATION
WHEREAS, the City of Norco, the City manages the recycled water system for the citizens and businesses of Norco; and
WHEREAS, the City of Norco (“City”) desires to apply for grant funds to cover 35% of the costs of constructing of the replacement regional lift station and installation of a new reclaimed water conveyance pipeline from the Western Riverside County Regional Wastewater Authority (WRCRWA) Treatment Plant to Inland Empire Utilities Agency (IEUA) known as the Replacement of Reclaimed Water Regional Lift Station and IEUA Conveyance Pipeline Project (“Project”); and
WHEREAS, the City intends to finance the construction and/or reconstruction of the Project or portions of the Project with moneys ("Project Funds") provided by the State of California, acting by and through the State Water Resources Control Board ("State Water Board"); and
WHEREAS, the State Water Board may fund the Project Funds with proceeds from the sale of obligations, the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations"); and
WHEREAS, prior to either the issuance of the Obligations or the approval by the State Water Board of the Project Funds, the City desires to incur certain capital expenditures (the "Expenditures") with respect to the Project form available moneys of the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORCO, CALIFORNIA, to approve Resolution No. 2023-63 which affirms the following:
1. The above recitals are true and correct.
2. The City Manager (“Authorized Representative”) or designee is hereby authorized and directed to sign and file, for and on behalf of the City, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the construction of the Replacement of Reclaimed Water Regional Lift Station and IEUA Conveyance Pipeline Project.
Resolution No. 2023-63
October 18, 2023
3. This Authorized Representative, or designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Board and any amendments or changes thereto.
4. The Authorized Representative, or designee, is designated to represent the City in carrying out the City’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws.
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on October 18, 2023.
_______________________
Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Resolution No. 2023-63
October 18, 2023
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on October 18, 2023 by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on October 18, 2023. ________________________
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: October 18, 2023 Agenda Item:
5.A.
To: Honorable Mayor and City Council Members
Prepared By: Dana Roa, City Clerk
Department: City Clerk
SUBJECT:
Ordinance No. 1105, Second Reading: Amending Norco Municipal Code Section 5.36 “Apiaries” to Modify Beekeeping Requirements on Residential Properties. Code Amendment 2023-05.
RECOMMENDATION:
Adopt Ordinance No. 1105, Second Reading (City of Norco): An Ordinance of the City Council of the City of Norco, California, Amending the Norco Municipal Code Section 5.36 “Apiaries” to modify beekeeping requirements on residential properties, approve Code Amendment 2023-05.
SUMMARY:
The First Reading of Ordinance No. 1105, was held on October 4, 2023 and was adopted by the City Council.
BACKGROUND:
The City desires to promote the proper and safe operation of urban apiaries or beehives on residential properties, and support local ecosystems to pollinate plants and crops as well as the opportunity to generate homegrown honey. Additionally, the City does recognize there must be practical and enforceable requirements on apiaries to ensure that the health and safety of the public is clearly documented and that homeowners do not allow the apiaries to pose a public nuisance. Based on a direction by the City Council, recent modifications to the Norco Municipal Code (NMC) to encourage beekeeping were presented to City Council for consideration and the revised Ordinance was approved on October 17, 2022.
In June of 2023, staff received correspondence from a community member who resides on an A-1 Zone property and wanted to apply for an apiary. However, their property did not meet two (2) property requirements of the ordinance: A lot size of 21,780+ sq. ft., and a setback of 50 ft. from an adjacent resident or 100 ft. from a public right-of-way. In reviewing this request, it became apparent that the current Ordinance does not
effectively allow beekeeping for residents with smaller lot sizes zoned for agriculture. In addition, some parcels may not be able to meet the setback requirements if the lot is not wide enough.
Upon receipt of this request, the Community Services and Planning Departments met to discuss the possible reduction of the lot size and setbacks. Furthermore, staff reached out to Boris Baer, Professor at the Center for Integrative Bee Research (CIBER), which is part of the Department of Entomology at University of California, Riverside, for expert review and guidance on the new requested amendments. Professor Baer provided his overall support to reduce the lot size and setback requirements to safely accommodate beekeeping on smaller lot sizes in the A-1 Zones, which would allow those residents to apply for a beekeeping permit.
An updated ordinance has been prepared and includes recommended revisions to the Norco Municipal Code Chapter 5.36 "Apiaries" as follows:
Reductions in the setback distance for beekeeping from fifty to twenty feet. Reduction in parcel size from 21,780 sq. ft. to 19,999+ sq. ft. Revised the permitted agricultural zones from A-1-10, A-1-20, A-1-40, and A-E to A-1, A-2 and AE zones.
Clearly identifies up to three hives allowed on permitted locations. Reduction of distance of beehive to water source from three hundred feet to one hundred fifty feet.
Added requirement that entrance of hives must face away from the nearest adjacent dwelling and there shall be no obstacles blocking the flight pattern for ingress/egress of the hives.
Additionally, on Monday September 11, 2023, staff brought this draft Ordinance amendment to the Parks and Recreation Commission for review and feedback. The Parks and Recreation Commission recommended that the City Council approve the amendment of NMC Section 5.36 “Apiaries” with the proposed amendments.
Modifying the City's regulations (i.e. setbacks) for beekeeping without the need for a conditional use permit is similar to how the City regulates animal-keeping on lots within the same zoning designations. Lots in the A-1, A-2 and AE zones allow animal-keeping with setback regulations, but do not require approval of a conditional use permit.
FISCAL IMPACT:
Not applicable for this item.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction #1, Public Health, Safety and Wellness - Enhance quality of life by promoting public health, safety and wellness initiatives for all community members.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Ordinance No. 1105 Revised Beekeeping & Apiaries Ordinance
ORDINANCE NO. 1105
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, AMENDING NORCO MUNICIPAL CODE TITLE 5 “BUSINESS LICENSES AND REGULATIONS” TO AMEND CHAPTER 5.36 “APIARIES”.
CODE AMENDMENT 2023-05
WHEREAS, the CITY OF NORCO, initiated Code Amendment 2023-05, to amend Norco Municipal Code (NMC) Chapter 5.36 “Apiaries” to address the definitions and rules related to, in part, safely promote beekeeping in the community on residential properties; and
WHEREAS, the Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which property notice was given; and WHEREAS, the Code Amendment was scheduled for public hearing on October 4, 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 City Council held a public hearing and received both oral and written testimony pertaining to the Code Amendment.
NOW, THEREFORE, the City Council of the City of Norco, California, does hereby ordain, determine, and order the NMC Chapter 5.36 “Apiaries” amended as follows:
SECTION 1
Chapter 5.36 APIARIES
5.36.010 Purpose.
5.36.020 Definitions.
5.36.030 Permit--Required.
5.36.040 Permit--Application--Issuance.
5.36.050 Permit--Application/Inspection fee.
5.36.060 Conditions and requirements for operating an apiary in city.
5.36.070 Permit--Revocation or suspension. 5.36.080 Violation--Penalties.
5.36.010 Purpose.
This chapter shall be known as the City of Norco beekeeping and apiaries ordinance. The State Legislature found in Food and Agricultural Code Section 29000 that a healthy and vibrant apiary industry is important to the economy and welfare of the people of the State of California and the protection of the industry is in the interest of the people of the State.
Food and Agricultural Code Section 29000 et seq., as well as California Code of Regulations Title 3, Food and Agriculture, Article 3, establish regulations for apiaries that Page 62 of 139 Ordinance 1105 – Amend NMC Chapter 5.36 “Apiaries”
October 4, 2023
are enforced by the Director of the State Department of Agriculture, California Department of Pesticide Regulation and county agricultural commissioners. This chapter establishes regulations intended to implement and supplement State regulations and ensure that beekeepers maintain apiaries in a responsible manner as to protect the health, safety, and welfare of the citizens of the City of Norco. (Ord. 1088 Sec. 1, 2022; Ord. 189 1, 1972)
5.36.020 Definitions.
For the purposes of this chapter, the following terms shall have the following meanings:
A. “Apiary” means a place where bees are kept especially a collection of hives or colonies of bees kept for their honey;
B. “Appliance” means any implement or other device which is used in handling and manipulating bees or comb, any container of bees or combs, or any other equipment which is used in the practice of apiculture;
C. “Bees” means honey producing insects of the genus Apies. It includes all life stages of such insects;
D. “City” means the city of Norco, California;
E. “Colony” means one hive and its contents, including bees, comb and appliances; F. “Comb” includes in its meaning all materials which are normally deposited into hives by bees. It does not include extracted honey or the royal jelly, trapped pollen, and processed beeswax;
G. “Commissioner” means the Agricultural Commissioner of Riverside County; H. “Hive” means any receptacle, container, or part of any receptacle which is made or prepared for the use of bees, or which is inhabited by bees; I. “Honey” means the nectar of floral exudations of plants gathered and stored in the comb by honeybees. It is a levorotatory, contains not more than 20 percent of water, not more than twenty-five one-hundredths of one percent of ash, not more than eight percent of sucrose, its specific gravity is not less than one and four hundred twelve onethousandths, its weight not less than 11 pounds, 12 ounces per standard gallon of 231 cubic inches at 68 degrees Fahrenheit;
J. “Location” means any premises upon which an apiary is located or proposed to be located or found;
K. “Person” means an individual, or firm, or a partnership, or a joint venture, association or corporation. (Ord. 1088 Sec. 1, 2022; Ord. 189 2, 1972)
5.36.030 Permit—Required.
It is unlawful for any person to locate, keep, maintain or operate, hereinafter referred to as “operate” an apiary in the City, without first obtaining a permit from the Department of Community Services to do so. (Ord. 1088 Sec. 1, 2022; Ord. 189 3, 1972)
Ordinance 1105 – Amend NMC Chapter 5.36 “Apiaries”
October 4, 2023
5.36.040 Permit—Application—Issuance.
Any person who proposes to operate an apiary within the City may make written application to the Community Services Department for a permit to do so by filing such with the Director of Community Services, or designated representative. The application shall be in such form and contain such information as the Director of Community Services, or designated representative, may require but shall include the following information:
A. Name and address of applicant;
B. Location and dimensions of premises on which applicant desires to operate an apiary;
C. Statement whether the proposed operation of the apiary by the applicant is for the production of honey or other bee products only for the use of the applicant and applicant’s family or for commercial purposes, including sale to members of the public, in which case the applicant must possess a current business license per Section 5.04.060; D. The location of the water supply to service the proposed apiary; E. A certified copy of a current valid certificate from the Riverside County Agricultural Commissioner for the proposed apiary and the identification number thereof. The serial number brand for any appliances issued to applicant by the County Agricultural Commissioner;
F. Tenants may not operate an apiary under any circumstance; G. Any other information as deemed necessary by the Community Services Director or its designee for issuance of permit.
After a properly completed application has been filed, the Director of Community Services, or designated representative, shall cause a prompt inspection to be made by Norco Animal Control Services of the proposed location of the apiary as stated in the permit application in order to verify the operation of the apiary can be conducted within the guidelines of the Municipal Code.
The Director of Community Services, or designated representative, shall issue a permit to the applicant to operate an apiary within the City of Norco, California, if it finds the proposed operation of the apiary will not be contrary to the public peace, health, safety and welfare of the City. (Ord. 1088 Sec. 1, 2022; Ord. 189 4, 1972)
5.36.050 Permit—Application/inspection fee.
The Community Services Department shall not accept an application for a permit to operate an apiary in the City until an application and inspection fee has been paid to Norco Animal Control Services for the purpose of defraying the expenses and costs of the City in processing the application and inspection of apiary. The application and inspection fee for an apiary shall be identified in the City’s fee schedule by Council resolution. (Ord. 1088 Sec. 1, 2022; Ord. 189 5, 1972)
5.36.060 Conditions and requirements for operating an apiary in city.
Ordinance 1105 – Amend NMC Chapter 5.36 “Apiaries”
October 4, 2023
Any person who operates an apiary in the City pursuant to a valid permit issued therefor shall comply with the following conditions and requirements:
A. No colony or portion thereof shall be located less than twenty (20)fifty feet from an adjacent residence, apartment house, rooming house or any other type of residence property line; provided, however, that this requirement shall not apply to the operation of an apiary within an educational institution for study or observation or within a physician’s office or laboratory for medical research, treatment or other scientific purposes; provided further, however, the bees kept in said apiary shall not be permitted to fly at large; or less than fifty (50)100 feet feet from a public right-of-way.
B. No colony or portion thereof shall be located less than 100 fifty (50) feet from a hospital, sanatorium, public eating place, school, church, office building, store, hotel, public building, public picnic area, park, playground, public horse corral or dairy corral; provided, however, that this requirement shall not apply to the operation of an apiary within an educational institution for study or observation or within a physician’s office or laboratory for medical research, treatment or other scientific purposes; provided further, however, the bees kept in said apiary shall not be permitted to fly at large; or less than one hundredfifty (50) feet from a public right-of-way.
C. The number of colonies or portions thereof including hives shall be operated in the City in numbers which do not create a risk to public health. Permitted locations are allowed up to three (3) hives.
D. Every permit issued hereunder shall expire at the end of twelve consecutive months from the date of its issuance, at which time the permittee thereunder may apply for a renewal in accordance with all the procedures provided herein for application for a permit.
E. Every person maintaining an apiary on premises shall identify such apiary by affixing and maintaining a sign thereto showing the name of the owner or person in possession of the apiary, the address and telephone number, or a statement that the owner has no phone. The sign shall be permanently placed and maintained on the entrance side of the apiary and immediately adjoining the same and lettered in black at least one inch in height on a white or light background.
F. A person, having a valid permit from the City as issued hereunder, shall during the term of the permit transport hives of bees confined by screens in good repair or other equally effective means of confinement. Transportation of bee hivesbeehives should always be done responsibly so that it does not pose any public nuisance.
G. A permittee shall at all times during the term of the permit keep and maintain a plentiful supply of fresh water available at all times adjacent to the apiary or hives, which water supply shall not be further than 300 one-hundred and fifty (150) feet from any such apiary or hive to discourage bee visitation at swimming pools, hose bibs and other water sources on adjacent public or private property. A beekeeper may not allow a water source to become stagnant or a mosquito breeding site.
H. Any persons operating an apiary shall be the owner and occupant of the property upon which the apiary is located. Page 65 of 139
Ordinance 1105 – Amend NMC Chapter 5.36 “Apiaries”
October 4, 2023
I. The property that will contain the apiary must be over 19,999 21,780 square feet. The oOnly permitted lots within are in the an agricultural zoning: A-1-10, A-1-20, A-1-40, A-1, A-2 and AE (Agricultural, Agricultural Low Density, or Agricultural Estate Zones).
J. A City of Norco business license and County approval/clearance shall be maintained at all times for production of honey or other bee products for commercial purposes, including sale to members of the public.
K. No person shall willingly and knowingly keep aggressive and/or defensive bees.
Beekeepers should shall follow established protocols for responsible beekeeping and minimize swarming events of their hives as well as re-queen colonies that show elevated levels of aggression using managed gentle queens.
L. Beekeepers should shall monitor the health of their beehives and take adequate management action, for example in case of disease and parasite outbreaks or when colonies starve. (Ord. 1088 Sec. 1, 2022; Ord. 189 6, 1972) M. The entrance of the hive(s) must face away from the nearest adjacent dwelling(s) and there shall be no obstacles (vegetation, vehicles, solid walls, buildings) blocking the ingress/egress of the flight pattern.
5.36.070 Permit—Revocation or suspension.
Any apiary permit granted hereunder may be revoked or suspended for any period of time by the Director of Community Services for any of the following reasons:
A. Permittee’s violation of this chapter or the conditions imposed on the permit; or B. Permittee’s violation of any Federal, State or City law or ordinance.
The Community Services Department shall give permittee 72 hours’ written notice of the City’s intent to revoke or suspend. Said notice shall be deemed given when deposited in the United States mail, postage prepaid, and addressed to permittee at the address stated on the application for the permit. Said notice shall state the grounds for the proposed revocation or suspension.
If the permittee wishes to appeal the revocation, the permittee must submit a request in writing to the City Clerk for a hearing for reconsideration by the City Manager. At the hearing the permittee shall have the opportunity to present to the City Manager any relevant evidence on the question of suspension or revocation prior to the City Manager’s decision thereon. The City Manager’s decision to revoke or suspend shall be final and may only be made after it has first found that either or both of the reasons stated in subsections (A) and (B) of this section do exist. (Ord. 1088 Sec. 1, 2022; Ord. 189 7, 1972)
5.36.080 Violation—Penalties.
Any person operating an apiary without a permit or permittee in noncompliance with the requirements listing within this chapter may be issued penalties or fines as outlined in Chapter 1.04—General Penalties. (Ord. 1088 Sec. 1, 2022)
Ordinance 1105 – Amend NMC Chapter 5.36 “Apiaries”
October 4, 2023
SECTION 2: EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.
SECTION 3: SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, and phrase, hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.
SECTION 4: The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall cause the same to be posted or published within 15 days at no less than five public places within the City of Norco.
Ordinance 1105 – Amend NMC Chapter 5.36 “Apiaries”
October 4, 2023
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on October 18, 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 October 4, 2023, and thereafter at a regular meeting of said City Council duly held on October 18, 2023, it was duly passed and adopted by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on October 18, 2023. _______________________
Dana Roa, CMC, City Clerk
City of Norco, California
City Council
STAFF REPORT
Date: October 18, 2023 Agenda Item:
6.A.
To: Honorable Mayor and City Council Members
Prepared By: Alma Robles, Planning Director
Department: Planning
SUBJECT:
Adoption of a Resolution by the City Council adopting and authorizing an Accessory Dwelling Unit (ADU) Legalization Pilot Program.
RECOMMENDATION:
Approve and adopt Resolution 2023-64, adopting and authorizing the Accessory Dwelling Unit (ADU) Legalization Pilot Program.
SUMMARY:
On September 6, 2023, the City Council reviewed and provided input on a draft of the ADU Legalization Program to encourage the legalization of second units constructed without permits. The purpose of this item is for the City Council to entertain formal adoption of a pilot program via resolution, which stipulates building permit fee waivers to incentivize property owners to participate in the program.
BACKGROUND:
Attached for the City Council's review is Resolution 2023-64, which contains the ADU Legalization Pilot Program based on the City Council's input from September 6, 2023.
In summary, the Council agreed that the program should commence as a test/pilot for further refinement in the future as needed. Further clarification was required on: the type of private contractor that would be allowed (a licensed contractor); the requirements for fire sprinklers; on property tax assessment; and on staff's recommendation for fee waivers. (Note: clarifications on these items have been addressed in the program within the attached resolution)
In summary, the path for legalization will consist of the following:
Completing a self-assessment checklist - to determine if ADU legalization is right for a homeowner;
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 at 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 to follow through with fixing 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 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 handout that will be made available to the public is in the proposed resolution and consists of a chart for legalization with the information noted above, a self-assessment questionnaire, and a page for frequently asked questions (FAQs). Construction Cut-off Date and Compliance- 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 the 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.
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 committed to provide as part of the City's Housing Element. The fee incentive program would include the following:
o Should a homeowner agree to an on-site inspection for the ADU, this special inspection cost of $265 would be waived.
o For ADUs under 750 square feet - City building permit fees would be waived with the exception of required State and pass-through fees (i.e. school and MSHCP fees).
o For ADUs 750 square feet and over - 50% of Development Impact Fees (DIF) would be waived.
The attached Sample of ADU Fees notes applicable ADU fees and clarifies City fees and other agency/pass through fees, and highlights which fees would be waived. In either case, 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.
As noted, the purpose of this item is for the City Council to entertain formal adoption of a pilot program via resolution, which can still be amended at the discretion of the City Council. Staff's recommendation is that the Pilot Program not exceed two years, at which time the program will be re-evaluated for efficiency.
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 ATTACHMENT(S):
Resolution No. 2023-64 ADU
Sample of ADU Fees
ADU Legalization Packet Rev. 2 Attachement A for Resolution
RESOLUTION 2023-64
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, ADOPTING AN ACCESSORY DWELLING UNIT (ADU)
LEGALIZATION PILOT PROGRAM FOR TWO YEARS.
WHEREAS, the CITY OF NORCO initiated a proposal to develop an ADU Legalization Pilot Program, in accordance with the 2021-2029 Housing Element, to establish a process and a pathway for the legalization of non-permitted secondary living units in the City of Norco; and WHEREAS, the ADU Legalization Pilot Program is necessary to facilitate the legalization of existing second units that were constructed without permits, to protect the health, welfare and safety of the community; and
WHEREAS, a waiver of City building permit fees is necessary as part of the program to incentivize residents to come forward to legalize a non-permitted second unit; and WHEREAS, initial special inspection fees shall be waived; for ADUs under 750 square feet - City building permit fees with the exception of the plan check fees, required State and passthrough fees (i.e. school and MSHCP fees) shall be waived; and for ADUs 750 square feet and over - 50% of Development Impact Fees (DIF) shall be waived; and WHEREAS, the value of these fee waivers will be tracked in order to document a maximum of $250,000 in ADU incentives; and
WHEREAS, said program should commence as a test/pilot for further refinement in the future as needed for a period of no more than two years.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Norco, California approves the implementation of the ADU Legalization Pilot Program for a period of two years in accordance to the program outline in Attachment A.
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a meeting held on October 18, 2023.
_______________________
Robin Grundmeyer, Mayor
Norco, California
ATTEST:
_______________________
Dana Roa, CMC, City Clerk
City of Norco, California
Resolution No. 2022-24, ADU Legalization Pilot Program
October 18, 2023
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on October 18, 2023 by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on October 18, 2023.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
SAMPLE ADU FEES
SAMPLE PROJECTS 1,195 SF Detached ADU
(Main House 2987 SF-60% Larger) 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 (If Required)* 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) PTF 24.31 11.44
California Building Standards Admin Fee PTF 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)* PTF 1,694.30 N/A School Fees ($4.79 SF, Collected by CNUSD) 5,724.05 3,582.92 2nd Water Meter Encroachment PW Permit (If Required) 1,025.00 1,025.00 Fire Sprinkler Permit* (If Required) 650.00 650.00
Total Estimated Cost for Permit and Fees $28,997.99 $8,823.19 DIF= Development Impact Fees. These Fees are calculated proportionally to the size of the existing "Main House". DIF fees apply for ADU's 750 SF and larger. * City fees that can be waived in the ADU legalization program *Construction & Demolition Fees are calculated at .75% of the valuation of the project.
PTF= Pass Through Fee. Collected by City, distributed to State/County MSHCP fees are based on proportion to the main house.
*2nd Water Meter required for new detached buildings per Public Works/Eng. *TUMF Fees do not apply for ADU's
*Fire Sprinklers are required for ADU's when the main house is equipped with sprinklers
Attachment A
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 licensed 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
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.
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?
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 are 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 (attached or detached) will also be required to install a fire sprinkler system. 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. If and ADU is created within the confines of a legally existing detached accessory building (i.e., a garage), a second water meeting is not required. 7) WILL MY PROPERTY BE RE-ASSESSED FOR PROPERTY TAXES WHEN ADDING AN ADU? Once the ADU is finaled, a copy of the approved plans will be submitted to the Riverside County Assessor’s Office. Please contact the Riverside County Assessor’s Office at https://www.rivcoacr.org/ for more information on property assessments when adding an ADU. 8) WHAT INCENTIVES ARE AVAIABLE TO BRING MY SECOND UNIT INTO COMPLIANCE AS AND ADU?
• Should a homeowner agree to an on-site inspection for the ADU, this special inspection cost will be waived.
• For ADUs under 750 square feet - City building permit fees will be waived with the exception of the plan check fees, and required State and pass-through fees (i.e. school and MSHCP fees).
• For ADUs 750 square feet and over - 50% of Development Impact Fees (DIF) will be waived.
City Council
STAFF REPORT
Date: October 18, 2023 Agenda Item:
6.B.
To: Honorable Mayor and City Council Members
Prepared By: Lori Sassoon, City Manager
Department: Administration
SUBJECT:
Authorization of a letter to the Keeper of the National Register regarding Norco's nomination to expand the Lake Norconian Club Historic District RECOMMENDATION:
It is recommended that the City Council authorize a letter expressing Norco's concerns regarding the process for consideration of the Lake Norconian Club Historic District and requesting that the denial of the nomination be overturned.
SUMMARY:
The City of Norco has previously asked the Keeper of the National Register to expand the Lake Norconian Club Historic District to include additional areas. The Keeper notified the City in October 2022 that the nomination was not approved, but suggested it could be re-submitted with additional information. Since that time, information received via Federal Freedom of Information Act (FOIA) requests documented communications between the federal agencies that indicate the City's standing as an interested party and its evidence were not evaluated appropriately and objectively.
It is recommended that the City Council discuss a letter drafted by Mayor Pro Tem Bash (Attached) that would be sent to the Keeper documenting the City's concerns.
BACKGROUND:
In February of 2000, the Lake Norconian Club was listed on the National Register of Historic Places. That listing generally includes the Hotel and several nearby structures, including the terrace/tea room, laundry/garage building, gas station island, gazebos, maids' quarters, power plant and smoke stack, the casino/pavilion on the shores of Lake Norconian, the boathouse, and related improvements.
In the ensuing years, the city of Norco has sought to expand the Lake Norconian Club Historic District to include the former United States Naval Hospital Corona and the Fleet
Missile Systems Analysis and Evaluation Group (FMSAEG). The goal of this effort is to recognize the importance of these properties in our nation's history.
The City team submitted the nomination for the Historic District expansion, and in October 2022 it was rejected by the Keeper of the National Register. In the rejection letter, the Keeper advised that the City could resubmit the nomination with additional information and made suggestions to strengthen the nomination.
Since that time, Mayor Pro Tem Bash, the City's historic resources consultant, Bill Wilkman, and other supporting parties have worked to revise the nomination for resubmittal. During that process and through documentation received through FOIA requests, it has been noted that various parties within the federal agencies had been discussing the expansion nomination in a manner that would appear to be detrimental to objective consideration of the City's 2022 nomination.
While the resubmittal of the nomination is pending, it is recommended that the City Council discuss and authorize the attached letter drafted by Mayor Pro Tem Bash that outlines concerns regarding the 2022 process, and requests that the Keeper rescind the original 2022 findings and reconsider the nomination with a process that provides fairness and transparency to all the parties involved.
FISCAL IMPACT:
N/A
RELATIONSHIP TO STRATEGIC PLAN:
This action supports Strategic Direction #3, which includes - ensure timely preservation...of infrastructure and capital assets in the community.
REVIEWED AND APPROVED BY:
ATTACHMENT(S):
DRAFT Letter re Request For Reversal
DRAFT Letter re Request For Reversal Revised 1
Timeline
Request for Reversal of the Denial to Expand the Lake Norconian Club Historic District to include the former USNH Corona and Fleet Missile Systems Analysis & Evaluation Group (FMSAEG)
Dear Ms. Keeper,
The following request is respectfully submitted; however, given the content of recently received FOIA emails detailing conversations between Keeper, DONFPO and ACHP staff, harsh candor is required, and we believe our request is more than justified.
On October 31, 2022, former Keeper of the National Register Joy Beasley denied the City of Norco’s Nomination to expand the Lake Norconian Club Historic District to include the former USNH Corona and Fleet Missile Systems Analysis & Evaluation Group (FMSAEG). 1
Ms. Beasley based this decision on the claim that the Navy’s “Technical Review”2 “identified several substantive and technical issues with the present documentation” and “the Navy has questioned several of the conclusions reached by the nomination preparer regarding events, practices and accomplishments associated with the military installation”. Ms. Beasley went on to say that the “nomination’s focus on specific practices, events and accomplishments not only serves as grounds for unnecessary debate but detracts from the larger picture of the site’s potential significance to the United States military’s wartime infrastructure development programs. Recasting the context of the nomination to broader themes rather than anecdotal incidents may strengthen the nomination”. Ms. Beasley then recommended the City of Norco Nomination be revised and resubmitted to the CA SHPO.
We completely disagreed with this denial, as it was based on a complete misrepresentation of the City of Norco’s Nomination and not factually defensible.
Norco’s effort to expand the National Register listing was vetted by CA SHPO staff for over a year, unanimously supported by the California State Historical Resources Commission, and two former SHPO’s (Wayne Donaldson and the late Knox Mellon) and the lack of respect given was simply inexplicable.
The denial made even less sense when afterwards, Mr. Paul Lusignan, a National Park Service Historian, stated to Norco’s Historical Resources Consultant, Bill Wilkman, that had it not been for the Navy’s objections, the Nomination would have been successful.
1 Letter: Lake Norconian Club Historic District Amendment Appeal, Keeper of the National Register, Ms. Joy Beasley, October 31, 2022.
2 “Technical Review of the Proposed Amendment to the Lake Norconian Club Historic District”, Karnig Ohannessian, Scott Keyes, William Manley, November 26, 2019.
This was deeply troubling, as again per Mr. Lusignan, the Navy no longer had the ability to simply say “no” to a Nomination; per historic preservation codes, they are required to issue credible reasons for opposition that can withstand fair and unbiased scrutiny.
Most certainly, as was detailed extensively in the City of Norco’s September 6, 2022 rebuttal, the William Manley/Scott Keyes “Technical Review” was simply not credible, and was certainly not the rigorous attempt proclaimed by Mr. Ohannessian “to ensure that properties designed for protection and preservation meet the Criteria for Evaluation”3. Essentially, the “Technical Review” was a mean spirited, undisguised attack utilizing multiple and significant false allegations and deeply flawed research practices to inaccurately portray the City of Norco’s research abilities with the goal to sabotage our Nomination and, in doing so, bury a significant part of American history.
It is not acceptable that Mr. Ohannessian and Mr. Manley have repeatedly refused to engage in a good faith consultation and that the Keeper of the National Register has determined that Norco’s opposition to the DONFPO’s clear attempt to derail and delay listing is nothing more than an “unnecessary debate”. The fact of the matter is that the DONFPO cannot defend the “Technical Review”: for example, how can he explain falsely accusing the writer of the Nomination of crediting USNH Corona with the truly famous Waksman/Schatz Nobel Prize winning discovery of Streptomycin, among dozens of other equivalent false accusations?
Unfortunately, it appears that, rather than face genuine scrutiny, Mr. Ohannessian received completely undeserved credibility and inappropriate power over our Nomination.
Unknown to the City of Norco, on September 30, 2022, Mr. Lusignan privately requested Mr. Ohannessian’s opinion regarding the City of Norco’s rebuttal to the Manley/Keyes “Technical Review”.
On October 14, 2022, Mr. Ohannessian, apparently with no pressure from the Keeper staff whatsoever to address a single substantive error found in the “Technical Review”, sanctimoniously proclaimed that he stood by his “earlier decision” and must “decline” Norco’s present documentation, then directed the Keeper of the National Register of Historic Places to send our Nomination back to the CA SHPO for revision.
3 Cover Letter: “Technical Review” (Manley and Keyes): Karnig Ohannessian to CA SHPO Julianne Polanco, November 26, 2019.
Two weeks later, on October 31, 2022, the Keeper of the National Register Joy Beasley claimed that the Navy had found substantive issues and denied the City of Norco’s Nomination and as instructed by Mr. Ohannessian, she directed Norco back to the CA SHPO to essentially begin again.
FOIA obtained emails further reveal that William “Bill” Manley and Scott Keyes were also granted privileged and private access and conversations with Keeper staff throughout the nomination process.
Nine months after the California State Historical Resources Commission’s unanimous February 2, 2018 decision to overturn the inexplicable former SHPO Carol Roland-Nawi’s concurrence to support Norco’s Nomination, on October 5, 2018, Scott Keyes would send a copy of the “Technical Review” to West Coast DONFPO “historian” Alex Bethke, stating, “Here is a copy of the technical review we’re sending to the Keeper. As discussed yesterday, we are requesting a meeting over the nomination with Keeper staff on the week of Oct. 29. Let me know if you have any questions or if you want to discuss”.4
On October 5, 2018, Paul Lusignan also received the Manley/Keyes “Technical Review” with an arrangement to speak with William “Bill” Manley the following week. Mr. Lusignan, on that same day, notified Julie Ernstein that the Navy has “identified substantive issues-hence the email report-but are probably not interested in having the site listed for their own reasons”.5 6 The City of Norco Nomination is 262 pages long, and contains thirteen very complex criteria elements that, if judged fairly and by knowledgeable historians, clearly qualifies both the former US Naval Hospital Corona and FMSAEG for inclusion on the National Register of Historic Places. It would not be possible to determine in a single day that any part of our Nomination could be unsubstantiated; yet, Mr. Lusignan immediately implies that William Manley and Scott Keyes had, in fact, done exactly that.
Following the exchange between William “Bill” Manley and Mr. Lusignan, members of the DONFPO team, while claiming to the City of Norco that no decision had been reached, were sharing the “Technical Review” behind the scenes to one another and to ACHP staff.
For example, Mr. Alex Bethke, who had previously implied to the ACHP that the City of Norco had faked Wayne Donaldson’s letter of endorsement7 and who had been chastised by State Commissioners on February 2, 2019, gleefully feeling he had been 4 Email: Scott Keyes to Alex Bethke: October 4, 2018
5 Email: Paul Lusignan to Julie Ernstein: October 5, 2018 6 We are aware that at the time of this email, an incorrect interpretation of Preservation Law gave the Navy the ability to block any effort by interested parties to list a Navy property. That is no longer the case and under no circumstance has the Navy been allowed to submit in bad faith false information to avoid listing. 7 Email: Alex Bethke to Katharine Kerr: October 18, 2018
vindicated, sent the “Technical Review” to ACHP staffer Katharine Kerr and stated, “Couldn’t remember if I sent this to you already, Enjoy!”8 Five months later, after multiple attempts to find out from Mr. Bethke and Mr.
Manley the status of the Navy’s evaluation of our Nomination, we received a single response from William Manley, who wrote apologetically and untruthfully on February 19, 2019: “we are reviewing the proposed amendment carefully and will respond as soon as possible”.9 This email was sent nearly five months after the Keeper staff received the “Technical Review” and discussed its allegations with Mr.
Manley.
The City of Norco, as a bona fide interested party, was not made aware of the DONFPO’s “Technical Review” until November 26, 2019, over a year after Mr.
Manley sent the same document to Mr. Lusignan.
Delaying this notification was not acceptable and the latest edict by the Keeper of the National Register is simply enabling the DONFPO to delay what is clearly the proper listing of the former USNH Corona and FMSAEG on the National Register of Historic Places.
Most certainly, Mr. Ohannessian and Mr. Manley are not entitled to private access to those entrusted with protecting our Nation’s Historic sites and their opinions are not exempt from rigorous examination. They must adhere to the same “good faith” requirements as everyone else: and, as specifically confirmed by Mr. Lusignan and others, Mr. Ohannessian is most certainly not entitled to “decline” and determine the fate of our Nomination. If that is indeed the case, then any future effort on the part of the City of Norco will not actually be honestly considered and, through an abuse of the system, we are purposefully being encouraged to waste our time.
The City of Norco team should have been granted the same personal access to Keeper personnel as Mr. Ohannessian and Mr. “Bill” Manley to discuss specifically any “substantive and technical issues” that may or may not be found in our Nomination as well as the the Manley/Keyes “Technical Review” before a decision was made.
We, as a city-backed “interested party”, are in fact entitled to a fair, timely, transparent, and open process to determine the validity of our Nomination; that clearly did not happen.
Mr. Lusignan admitted that the City of Norco’s Nomination was in fact sufficient but blocked by Navy objections. We insist that those objections are easily proven to be not credible and insist that on an explanation as to why the many errors and false accusations found in the “Technical Review” as detailed in our rebuttal were not 8 Email: Bethke to Katharine Kerr: October 18, 2018.
9 Email: William Manley to Bill Wilkman: February 29, 2019
addressed by Keeper staff prior to issuing a denial. We also ask that all analytical documentation independent from the DONFPO’s interference used by the Keeper to make her determination be provided to the City of Norco.
Additionally, if, in fact, it is the position of the Keeper of the National Register that the DONFPO has the power to block a Nomination under any circumstances, please provide a statement supporting that claim in writing.
The bottom line is, there is substantial evidence that the City of Norco has been abused and that clearly it is not the City of Norco’s Nomination that is insufficient, but the Manley/Keyes “Technical Review”. Based on this, we ask that the October 31, 2022 denial be overturned.
Request for Reversal of the Denial to Expand the Lake Norconian Club Historic District to include the former USNH Corona and Fleet Missile Systems Analysis & Evaluation Group (FMSAEG)
Dear Ms. Keeper,
The following request is respectfully submitted; however, given the content of recently received FOIA emails detailing conversations between Keeper, DONFPO and ACHP staff, harsh candor is required, and we believe our request is more than justified.
On October 31, 2022, former Keeper of the National Register Joy Beasley denied the City of Norco’s Nomination to expand the Lake Norconian Club Historic District to include the former USNH Corona and Fleet Missile Systems Analysis & Evaluation Group (FMSAEG). 1
Ms. Beasley based this decision on the claim that the Navy’s “Technical Review”2 “identified several substantive and technical issues with the present documentation” and “the Navy has questioned several of the conclusions reached by the nomination preparer regarding events, practices and accomplishments associated with the military installation”. Ms. Beasley went on to say that the “nomination’s focus on specific practices, events and accomplishments not only serves as grounds for unnecessary debate but detracts from the larger picture of the site’s potential significance to the United States military’s wartime infrastructure development programs. Recasting the context of the nomination to broader themes rather than anecdotal incidents may strengthen the nomination”. Ms. Beasley then recommended the City of Norco Nomination be revised and resubmitted to the CA SHPO.
We completely disagreed with this denial, as it was based on a complete misrepresentation of the City of Norco’s Nomination and not factually defensible.
Norco’s effort to expand the National Register listing was vetted by CA SHPO staff for over a year, unanimously supported by the California State Historical Resources Commission, and two former SHPO’s (Wayne Donaldson and the late Knox Mellon) and the lack of respect given was simply inexplicable.
The denial made even less sense when afterwards, Mr. Paul Lusignan, a National Park Service Historian, stated to Norco’s Historical Resources Consultant, Bill Wilkman, that had it not been for the Navy’s objections, the Nomination would have been successful.
1 Letter: Lake Norconian Club Historic District Amendment Appeal, Keeper of the National Register, Ms. Joy Beasley, October 31, 2022.
2 “Technical Review of the Proposed Amendment to the Lake Norconian Club Historic District”, Karnig Ohannessian, Scott Keyes, William Manley, November 26, 2019.
This was deeply troubling, as again per Mr. Lusignan, the Navy no longer had the ability to simply say “no” to a Nomination; per historic preservation codes, they are required to issue credible reasons for opposition that can withstand fair and unbiased scrutiny.
Most certainly, as was detailed extensively in the City of Norco’s September 6, 2022, rebuttal, the William Manley/Scott Keyes “Technical Review” was simply not credible and was certainly not the rigorous attempt proclaimed by Mr. Ohannessian “to ensure that properties designed for protection and preservation meet the Criteria for Evaluation”3. Essentially, the “Technical Review” was a mean spirited, undisguised attack utilizing multiple and significant false allegations and deeply flawed research practices to inaccurately portray the City of Norco’s research abilities with the goal to sabotage our Nomination and, in doing so, bury a significant part of American history.
It is not acceptable that Mr. Ohannessian and Mr. Manley have repeatedly refused to engage in a good faith consultation and that the Keeper of the National Register has determined that Norco’s opposition to the DONFPO’s clear attempt to derail and delay listing is nothing more than an “unnecessary debate”. The fact of the matter is that the DONFPO cannot defend the “Technical Review”: for example, how can he explain falsely accusing the writer of the Nomination of crediting USNH Corona with the truly famous Waksman/Schatz Nobel Prize winning discovery of Streptomycin, among dozens of other equivalent false accusations?
Unfortunately, it appears that, rather than facing genuine scrutiny, Mr. Ohannessian received completely undeserved credibility and inappropriate power over our Nomination.
Unknown to the City of Norco: on September 30, 2022, Mr. Lusignan privately requested Mr. Ohannessian’s opinion regarding the City of Norco’s rebuttal to the Manley/Keyes “Technical Review”. Mr. Lusignan asked for any supporting documentation to support his opinion.4
On October 14, 2022, Mr. Ohannessian, did not provided any supporting documentation and apparently with no subsequent pressure from the Keeper staff whatsoever to address a single substantive error found in the “Technical Review”, sanctimoniously proclaimed that he stood by his “earlier decision” and must “decline” Norco’s present documentation: and then directed the Keeper of the National Register of Historic Places to send our Nomination back to the CA SHPO for revision.
3 Cover Letter: “Technical Review” (Manley and Keyes): Karnig Ohannessian to CA SHPO Julianne Polanco, November 26, 2019.
4 Email: Lusignan to Ohannessian: September 30, 2022.
Two weeks later, on October 31, 2022, the Keeper of the National Register Joy Beasley claimed that the Navy had found substantive issues and denied the City of Norco’s Nomination and as instructed by Mr. Ohannessian, she directed Norco back to the CA SHPO to essentially begin again.
FOIA obtained emails further reveal that William “Bill” Manley and Scott Keyes were also granted privileged and private access and conversations with Keeper staff throughout the nomination process.
Nine months after the California State Historical Resources Commission’s unanimous February 2, 2018, decision to overturn the inexplicable former SHPO Carol Roland-Nawi’s concurrence to support Norco’s Nomination, on October 5, 2018, Scott Keyes would send a copy of the “Technical Review” to West Coast DONFPO “historian” Alex Bethke, stating, “Here is a copy of the technical review we’re sending to the Keeper. As discussed yesterday, we are requesting a meeting over the nomination with Keeper staff on the week of Oct. 29. Let me know if you have any questions or if you want to discuss”.5
On October 5, 2018, Paul Lusignan also received the Manley/Keyes “Technical Review” with an arrangement to speak with William “Bill” Manley the following week. Mr. Lusignan, on that same day, notified Julie Ernstein that the Navy has “identified substantive issues-hence the email report-but are probably not interested in having the site listed for their own reasons”.6 7 The City of Norco Nomination is 262 pages long, and contains thirteen very complex criteria elements that, if judged fairly and by knowledgeable historians, clearly qualifies both the former US Naval Hospital Corona and FMSAEG for inclusion on the National Register of Historic Places. It would not be possible to determine in a single day that any part of our Nomination could be unsubstantiated; yet, Mr. Lusignan immediately implies that William Manley and Scott Keyes had, in fact, done exactly that.
Following the exchange between William “Bill” Manley and Mr. Lusignan, members of the DONFPO team, while claiming to the City of Norco that no decision had been reached, were sharing the “Technical Review” behind the scenes to one another and to ACHP staff.
For example, Mr. Alex Bethke, who had previously implied to the ACHP that the City of Norco had faked Wayne Donaldson’s letter of endorsement8 and who had been chastised by State Commissioners on February 2, 2019, gleefully feeling he had been 5 Email: Scott Keyes to Alex Bethke: October 4, 2018
6 Email: Paul Lusignan to Julie Ernstein: October 5, 2018 7 We are aware that at the time of this email, an incorrect interpretation of Preservation Law gave the Navy the ability to block any effort by interested parties to list a Navy property. That is no longer the case and under no circumstance has the Navy been allowed to submit in bad faith false information to avoid listing. 8 Email: Alex Bethke to Katharine Kerr: October 18, 2018
vindicated, sent the “Technical Review” to ACHP staffer Katharine Kerr and stated, “Couldn’t remember if I sent this to you already, Enjoy!”9 Five months later, after multiple attempts to find out from Mr. Bethke and Mr.
Manley the status of the Navy’s evaluation of our Nomination, Norco, along with SHPO Julianne Polanco, received a single response from William Manley, who wrote apologetically and untruthfully on February 19, 2019: “we are reviewing the proposed amendment carefully and will respond as soon as possible”.10 This email was sent nearly five months after the Keeper staff received the “Technical Review” and discussed its allegations with Mr. Manley.
The City of Norco, as a bona fide interested party, was not made aware of the DONFPO’s “Technical Review” until November 26, 2019, over a year after Mr.
Manley sent the same document to Mr. Lusignan.
Delaying this notification was not acceptable and the latest edict by the Keeper of the National Register is simply enabling the DONFPO to delay what is clearly the proper listing of the former USNH Corona and FMSAEG on the National Register of Historic Places.
Most certainly, Mr. Ohannessian and Mr. Manley are not entitled to private access to those entrusted with protecting our Nation’s Historic sites and their opinions are not exempt from rigorous examination. They must adhere to the same “good faith” requirements as everyone else: and, as specifically confirmed by Mr. Lusignan and others, Mr. Ohannessian is most certainly not entitled to “decline” and determine the fate of our Nomination. If that is indeed the case, then any future effort on the part of the City of Norco will not actually be honestly considered and we are purposefully being encouraged to waste our time, and that is an abuse of the system.
The City of Norco team should have been granted the same personal access to Keeper personnel as Mr. Ohannessian and Mr. “Bill” Manley to discuss specifically any “substantive and technical issues” that may or may not be found in our Nomination as well as the Manley/Keyes “Technical Review” before a decision was made.
We, as a city-backed “interested party”, are in fact entitled to a fair, timely, transparent, and open process to determine the validity of our Nomination; that clearly did not happen.
Mr. Lusignan admitted that the City of Norco’s Nomination was in fact sufficient but blocked by Navy objections. We insist that those objections are easily proven to be not credible and insist that on an explanation as to why the many errors and false accusations found in the “Technical Review” as detailed in our rebuttal were not 9 Email: Bethke to Katharine Kerr: October 18, 2018.
10 Email: William Manley to Bill Wilkman: February 29, 2019
addressed by Keeper staff prior to issuing a denial. We also ask that all analytical documentation independent from the DONFPO’s interference used by the Keeper to make her determination be provided to the City of Norco.
Additionally, if, in fact, it is the position of the Keeper of the National Register that the DONFPO has the power to block a Nomination under any circumstances, please provide a statement supporting that claim in writing.
The bottom line is, there is substantial evidence that the City of Norco has been abused and that clearly it is not the City of Norco’s Nomination that is insufficient, but the Manley/Keyes “Technical Review”. Based on this, we ask that the October 31, 2022, denial be overturned.
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10/13/23, 7:41 AM AT&T Yahoo Mail - Peer Reviewabout:blank 1/1 7LLY9L]PL^-YVT! )PSS>PSRTHU^PSRTHUOPZ[VY`'NTHPSJVT;V! T^KVUHSKZVU'`HOVVJVT*J! 3:HZZVVU'JPUVYJVJH\Z"UVYJVIHZO'ZIJNSVIHSUL[+H[L! >LKULZKH`1HU\HY`H[ !
747:;Hello WayneI hope this email finds you doing well.You may recall that the City of Norco prepared a nomination for the expansion of the Lake Norconian National Register HistoricDistrict to encompass the property's history as a naval hospital and guided missile research/evaluation facility. You were verykind in writing a letter of support for consideration by the California State Historical Resources Commission. I am pleased toreport that the Commission determined, despite Navy objections, that the expanded historic district should be placed on theNational Register. Unfortunately, the Navy Federal Preservation Officer refused to forward the nomination to the Keeper of the National Register. As you are aware, under the Trump administration, appeals to the Keeper were no longer accepted. Recently,we became aware that the Trump policy had been overridden, and with that knowledge the City of Norco filed an appeal of the FPO's refusal to forward the nomination to the Keeper. The Keeper reviewed our appeal and informed us that, while there appeared to be evidence in support of the expanded nomination, we needed to revise the nomination to make it more acceptable.
I followed up with a phone call to Paul.Lusignan, western rep for the Keeper, and he offered his thoughts on the matter. To behonest, neither the Keeper's letter, nor my call with Mr. Lusignan have provided me with a clear path forward in revising thenomination.To help us move forward in this matter, the City of Norco would like the nomination to be peer reviewed. To accomplish this, weare looking for someone with the gravitas necessary to provide a quality peer review. I believe you would be an excellent sourcefor such a peer review. Not only do you have the experience and understanding of the overall process for National Registerlisting, but you are also familiar with the property.I can provide you with a complete set of background materials, including:
The nominationThe Navy FPO's critique of that nominationOur response to that critiqueOur letter of appeal to the KeeperThe Keeper's response to that appealInformation on my phone call with Mr. Lusignan.
I would be most pleased if you would be willing to do the work we are requesting. The City of Norco, of course, would be morethan happy to pay for such a peer review. If time is a concern, we would not mind waiting until your schedule clears sufficiently to do this work.
I look forward to hearing back from you.Bill [email protected] 288-1078
City Council
STAFF REPORT
Date: October 18, 2023 Agenda Item:
7.A.
To: Honorable Mayor and City Council Members
Prepared By: Alma Robles, Planning Director
Department: Planning
SUBJECT:
Ordinance No. 1106 : First Reading, Zone Code Amendment 2023-03 (City of Norco): A City-Initiated proposal to amend Norco Municipal Code Title 18 – “Zoning”, amending Chapter 18.65 – “Residential Density Bonus Provisions” for compliance with State law.
RECOMMENDATION:
Adopt Ordinance No. 1106, First Reading, approving Zone Code Amendment 2023-03 SUMMARY:
Zone Code Amendment 2023-03 is a City initiated amendment to the Norco Municipal Code (NMC) Chapter 18.65 – “Residential Density Bonus Provisions” for compliance with State law, and in compliance with the City of Norco Housing Element.
BACKGROUND:
Government Code Section 65915 (“State Density Bonus Law”) requires the City to provide a density bonus, incentives, concessions, and waivers of development standards to qualifying housing development projects. The State Density Bonus Law also requires the City to adopt an ordinance that specifies how the State Density Bonus Law will be implemented.
Chapter 18.65 of the Norco Municipal Code (“Density Bonus Ordinance”) was adopted in 2013. In the ten years since that Ordinance was adopted, there have been numerous bills modifying the State Density Bonus Law. The purpose of this ordinance is to amend the Density Bonus Ordinance to bring it into compliance with current State law. The City is required to comply with the State Density Bonus Law regardless of any conflicting provisions within the City’s Density Bonus Ordinance. Therefore, the proposed ordinance is essentially a clean-up item and does not represent any substantive change to how the City would handle a proposed project that has applied for a density bonus.
The changes to the Density Bonus Ordinance proposed in this ordinance does not exceed or deviate from the requirements of the Density Bonus Law.
The Planning Commission reviewed the proposed update/changes to Chapter 18.65 at their meeting on August 9, 2023, and has recommended approval of Zone Code Amendment 2023-03.
Summary of State Density Bonus Law & Proposed Ordinance The State Density Bonus Law allows an applicant for a housing development project that contains affordable units or is a development for a special population (senior citizens, lower income students, transitional foster youth, disabled veterans, homeless) to request an increase to the permissible density of the project. For projects serving special populations, the density bonus is a flat amount of 20%, or 35% for lower income student housing. For projects that include affordable units, the density bonus will vary depending on the number of units set aside as affordable and the affordability level. A density bonus generally will range from 5% to 50%, however, for projects that are 100% affordable the density bonus can be up to 80%, or unlimited if within ½ mile of a major transit stop. Additional density bonus can be obtained if the project donates land to the City for the construction of affordable housing or includes a childcare facility within the project.
A housing project that qualifies for a density bonus may also request incentives or concessions that result in identifiable and actual cost reductions to provide for affordable housing. The number of incentives or concessions that an applicant may receive will vary between one and four, depending on amount of affordable units being provided. The applicant is entitled to receive a certain number of incentives or concessions but specific incentive or concession requests made can be denied if certain findings are made.
In addition, a housing project that qualifies for a density bonus may request a waiver or reduction of any development standard that physically precludes the construction of the proposed housing development at the density or with the concessions or incentives the project is entitled to under the State Density Bonus Law. There is no limit to the number of development standard waivers or reductions that can be requested. The request can only be denied if certain findings are made.
Finally, the State Density Bonus law allows the applicant for a project that qualifies for a density bonus to request a reduction in the parking ratios that are applied to the project.
If requested, the maximum parking ratios are one on-site space for each studio or one bedroom unit, one and a half on-site spaces for each two or three bedroom unit, and two and a half on-site spaces for each four bedroom unit or larger. If an applicant requests a reduced parking ratio, it does not count as one of the incentives or concessions that the project is entitled to receive.
Attached Ordinance No. 1106 includes the proposed update to Chapter 18.65 – “Residential Density Bonus Provisions”, which will replace the existing Chapter in its entirely. Existing Chapter 18.65 has been attached as Exhibit "A" for reference.
CEQA: The adoption of the proposed ordinance is exempt from review under the California Environmental Quality Act (CEQA) as it is not considered a project under Public Resources Code Section 21065 and CEQA Guidelines Section 15378 because this Ordinance will not result in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Alternatively, if the
adoption of the Ordinance is a project under CEQA, it is covered by the common sense exemption in CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance would have a significant effect on the environment. This Ordinance simply implements the State Density Bonus Law and if the Ordinance were not adopted the City would still be required to implement the State Density Bonus Law.
FISCAL IMPACT:
Not applicable for this item.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction #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. 1106 for Zone Code Amendment 2023-03
Exhibit A
ORDINANCE NO. 1106
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING ZONE CODE AMENDMENT 2023-03: A CITYINITIATED PROPOSAL TO AMEND NORCO MUNICIPAL CODE TITLE 18 – “ZONING”, AMENDING CHAPTER 18.65 – “RESIDENTIAL DENSITY BONUS PROVISIONS” FOR COMPLIANCE WITH STATE LAW..
WHEREAS, the CITY OF NORCO initiated Zone Code Amendment 2023-03, a proposal to amend Chapter 18.65 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 2023-17, recommending approval of Zone Code Amendment 2023-03 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 October 18, 2023 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to the Zone Code Amendment; and WHEREAS, the City of Norco acting as the Lead Agency has determined 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 is necessary for compliance with current laws pertaining to density bonuses and other incentives and concessions available to qualified applicants under Government Code Sections 65915 through 65918.
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
B. The proposed Zone Code Amendment is necessary for compliance with the objectives, policies, programs, and actions of the Housing Element of the General Plan. Therefore, the proposed Zone Code Amendment does not conflict with City of Norco General Plan.
C. The proposed amendment will not be detrimental to the public convenience, health, safety, or general welfare of the City because the amendment will update the existing Density Bonus Ordinance for compliance with State Law.
D. The adoption of the proposed Zone Code Amendment (ZCA) is exempt from review under the California Environmental Quality Act (CEQA) as it is not considered a project under Public Resources Code Section 21065 and CEQA Guidelines Section 15378 because this ZCA will not result in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Alternatively, if the adoption of the ZCA is a project under CEQA, it is covered by the common sense exemption in CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no possibility that the ZCA would have a significant effect on the environment. This ZCA simply implements the State Density Bonus Law and if the ZCA were not adopted the City would still be required to implement the State Density Bonus Law.
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 18.65 (Residential Density Bonus Provisions), is hereby amended in its entirety to read as follows:
Chapter 18.65
RESIDENTIAL DENSITY BONUS PROVISIONS
Sections:
18.65.02 Intent and Purpose.
18.65.04 Definitions.
18.65.06 General Density Bonus Provisions
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
18.65.08 Calculation of Density Bonus
18.65.10 Incentives and Concessions
18.65.12 Waiver or Reduction of Development Standards
18.65.14 Additional Density Bonus Through Donation of Land
18.65.16 Additional Density Bonus or Concession or Incentive Through Provision of Child Care Facility,
18.65.18 City’s Discretion in Granting Density Bonus
18.65.20 Parking Standards
18.65.22 Interpretation
18.65.02 Intent and Purpose.
The intent and purpose of Chapter 18.65 is: (1) to facilitate the production of housing for all income levels and special needs households, including senior citizen housing; (2) facilitate the development of rental housing for households in all income categories identified by the California Government Code as it pertains to the development of affordable housing; and (3) to implement Sections 65915, 65915.5 and 65917 of the California Government Code as required by Section 65915(a). In enacting this chapter, the City also intends to implement the goals, objectives, and policies of the City’s general plan housing element to encourage the construction of affordable housing in the City. It is also the City’s intent to encourage the development of rental housing to serve an economically diverse community.
Accordingly, the City desires to provide a density bonus upon the request of an applicant when the applicant includes affordable or senior citizen restricted units in a project. This chapter implements the laws for density bonuses and other incentives and concessions available to qualified applicants under Government Code Sections 65915 through 65918. In the event these Government Code sections are amended, those amended provisions shall be incorporated into this chapter as if fully set forth herein.
18.65.04 Definitions.
For purposes of this chapter, the following definitions apply:
“Affordable housing cost” has the definition set forth in California Health and Safety Code Section 50052.5.
“Affordable rent” has the definition set forth in California Health and Safety Code Section 50053.
“Approval authority” means the City Council, Planning Commission, or Director. The approval authority shall be the person or body that has the authority to approve the plot plan or other applications for the subject housing development under the Zoning Ordinance or Subdivision Ordinance.
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
“Child care facility” means a child daycare facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.
“Common interest development” has the definition set forth in California Civil Code Section 4100.
“Concession” or “incentive” means any of the following:
1. A reduction in site development standards or a modification of Zoning Ordinance requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission, as provided in Part 2.5 (the State Building Code commencing with Health and Safety Code Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements, and in the ratio of vehicular parking spaces that would otherwise be required, that results in identifiable and actual cost reductions to provide for affordable housing costs or affordable rents.
2. Approval of mixed-use zoning in conjunction with a housing project, if commercial, office, industrial or other land uses will reduce the cost of a housing development, and if the commercial, office, industrial or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.
3. Other regulatory incentives or concessions proposed by the applicant or the City that result in identifiable and actual cost reductions to provide for affordable housing costs or affordable rents.
This definition does not limit or require the provision of direct financial incentives for a housing development, including the provision of publicly owned land by the City or the waiver of fees or dedication requirements.
“Density bonus” means a density increase over the otherwise maximum allowable residential density as of the date of application by the applicant to the City. “Development standard” means a site or construction condition, including but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, General Plan element, specific plan, or other city condition, law, policy, resolution or regulation. “Director” means the Planning Director or the Director’s designee. “Housing development” means a development project for five or more residential units, including mixed use developments. “Housing development” also includes a subdivision or common interest development consisting of residential units or
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling where the result of the rehabilitation would be a net increase in the number of residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus is permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.
“Lower income households” has the definition set forth in California Health and Safety Code Section 50079.5.
“Major transit stop” has the same meaning as defined in Public Resources Code Section 21155(b).
“Maximum allowable residential density” or “base density” means the maximum number of units allowed under the Zoning Ordinance, Specific Plan, or land use element of the General Plan, or if a range of density is permitted, the maximum number of units allowed by the specific zoning range, specific plan, or land use element of the General Plan applicable to the project. If the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan or specific plan, the greater shall prevail. Density shall be determined using dwelling units per acre. However, if the applicable zoning ordinance, specific plan, or land use element of the general plan does not provide a dwelling-units-per-acre standard for density, then the City shall calculate the number of units as provided for in Government Code Section 65915(o)(6). “Moderate income households” has the definition for “persons or families of moderate income” set forth in California Health and Safety Code Section 50093(b). “Multifamily dwelling” has the definition set forth in California Government Code Section 65863.4(d).
“Qualified nonprofit housing corporation” is a nonprofit housing corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special nointerest loan program. “Senior citizen housing development” has the definition set forth in California Civil Code Section 51.3.
“Shared housing building” means a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
accommodate all residents. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section. A “shared housing building” may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units. When an applicant proposes to construct a housing development that conforms to the requirements of Section
18.65.020(B)(1) or (2) that is a shared housing building, the city shall not require any minimum unit size requirements or minimum bedroom requirements that are in conflict with this definition.
“Shared housing unit” means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations) and complies with the definition of “guestroom” in Section R202 of the California Residential Code. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of Government Code section 65915. For purposes of calculating a density bonus granted pursuant to this section for a shared housing building, “unit” means one shared housing unit and its pro rata share of associated common area facilities. “Specific, adverse impact” has the definition set forth in California Government Code Section 65589.5(d)(2).
“Total units,” “total dwelling units,” or “total rental beds” does not include units added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus.
“Very low income households” has the definition set forth in California Health & Safety Code Section 50105.
“Very low vehicle travel area” means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita, or city vehicle miles traveled per capita. For purposes of this paragraph, “area” may include a travel analysis zone, hexagon, or grid. For the purposes of determining “regional vehicle miles traveled per capita” pursuant to this paragraph, a “region” is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization.
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
18.65.06 General density bonus provisions.
A. Application. Any person that desires a density bonus pursuant to this chapter must make an application on a form approved by the Director at the time of submitting an entitlement application for the housing development for which a density bonus is requested.
B. Available Density Bonus Options. The approval authority will grant one density bonus, the amount of which will not exceed the amounts specified in Section 18.65.030, when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this chapter, that satisfies one of the following criteria:
1. 10% percent of the total units of a housing development, including a shared housing building development, are for lower income households.
2. 5% of the total units of a housing development, including a shared housing building development, are for very low income households.
3. The housing development is a senior citizen housing development. For purposes of this subparagraph, “development” includes a shared housing building development.
4. The housing development is a common interest development and 10% of the total dwelling units in are for moderate income households, provided that all units in the housing development are offered to the public for purchase.
5. 10% of the total units are for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).
6. 20% of the total units are for lower income students in a student housing development that meets the requirements of Government Code Section 65915(b)(1)(F).
7. 100% of all units in the development, including total units and density bonus units, but exclusive of a manger’s unit or units, are for lower income households, except that up to 20% of the units in the development, including total units and density bonus units, may be for moderate-income households. For purposes of this subparagraph, “development” includes a shared housing building development.
C. Applicant’s Election of Basis for Bonus. For purposes of calculating the amount of the density bonus pursuant to Section 18.65.030, the applicant who requests
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
a density bonus pursuant to this section must elect whether the bonus will be awarded on the basis of subsection (B)(1), (2), (3), (4), (5), (6), or (7) of this section.
D. Continued Affordability.
1. An applicant must agree to the continued affordability of all low and very low income rental units that qualified the applicant for the award of the density bonus for 55 years or a longer period of time if required by any applicable construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.
a. Rents for the lower income density bonus units must be set at an affordable rent.
b. Rents for all units in a housing development receiving a density bonus under subsection (B)(7) shall be as follows:
i. The rent for at least 20 percent of the units in the development shall be set at an affordable rent.
ii. The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for lower income households, as those rents and incomes are determined by the California Tax Credit Allocation Committee.
2. The City will require an equity-sharing agreement pursuant to Section 65915(c)(2), unless such an agreement would be in conflict with the requirements of another public funding source or law or may defer to the recapture provisions of the public funding source. The following apply to the equity sharing agreement:
a. Upon resale, the seller of the unit may retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The City will recapture any initial subsidy and its proportionate share of appreciation, if any, which amount must then be used within five years for any of the purposes that promote home ownership, as described in California Health and Safety Code Section 33334.2(e).
b. The City’s initial subsidy will be equal to the fair market value of the home at the time of initial sale, minus the initial sale price to the moderate income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale will be used as the initial market value.
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
c. The City’s proportionate share of appreciation will be equal to the ratio of the initial subsidy to the fair market value of the unit at the time of initial sale.
3. Notwithstanding paragraph D.2 above, for-sale units may be purchased by a qualified nonprofit housing corporation pursuant to a recorded contract that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code and includes all of the requirements stated in Government Code section 65915(c)(2)(A)(ii).
F. Eligibility. An applicant shall be ineligible for a density bonus or any other incentives or concessions under this chapter if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity’s valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units, as “replace” is defined in Government Code Section 65915(c)(3)(B), and either of the following applies:
a. The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in subsection (B) of this section.
b. Each unit in the development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household.
18.65.08 Calculation of density bonus.
A. The amount of density bonus to which the applicant is entitled will vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in Section 18.65.020(B). The applicant may elect to accept a lesser percentage of density bonus.
B. For housing developments meeting the criteria of Section 18.65.020(B)(1) [10% percent of the total units are for lower income households], the density bonus will be calculated as follows:
Percentage (%) of Low Income Units Percentage (%) Density Bonus 10 20
11 21.5
12 23
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24 50
C. For housing developments meeting the criteria of Section 18.65.020(B)(2) [5% of the total units are for very low income households], the density bonus will be calculated as follows:
Percentage (%) of Very Low Income Units Percentage (%) Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
D. For housing developments meeting the criteria of Section 18.65.020(B)(3) [senior citizen housing development] the density bonus will be 20% of the number of senior housing units.
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
E. For housing developments meeting the criteria of Section 18.65.020(B)(4) [common interest development with 10% of the total dwelling units for moderate income households], the density bonus will be calculated as follows:
Percentage (%) of Moderate Income Units Percentage (%) Density Bonus 10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
41 38.75
42 42.5
43 46.25
44 50
F. For housing developments meeting the criteria of Section 18.65.020(B)(5) [10% of the total units are for transitional foster youth, disabled veterans, or homeless persons] the density bonus shall be 20% of the number of the type of units giving rise to a density bonus under that subsection.
G. For housing developments meeting the criteria of Section 18.65.020(B)(6) [20% of the total units are for lower income students] the density bonus shall be 35% of the student housing units.
H. For housing developments meeting the criteria of Section 18.65.020(B)(7) [100% units are for affordable], the following shall apply:
1. Except as otherwise provided in clauses (ii) and (iii), the density bonus shall be 80% of the number of units for lower income households.
2. If the housing development is located within one-half mile of a major transit stop, the city shall not impose any maximum controls on density.
3. If the housing development is located in a very low vehicle travel area, the city shall not impose any maximum controls on density.
I. All density calculations resulting in fractional units will be rounded up to the next whole number.
18.65.10 Incentives and concessions.
A. Application. Any person that desires incentives and/or concessions pursuant to this chapter must make an application on a form approved by the Director at the time of submitting an entitlement application for the housing development for which a density bonus is requested.
B. Number of Incentives. Subject to subsection C of this section, the applicant will receive the following number of incentives or concessions:
1. One incentive or concession for housing developments that include at least 10% of the total units for lower income households, at least 5% for very low income households, or at least 10% for moderate income households in a common interest development.
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
2. Two incentives or concessions for housing developments that include at least 17% of the total units for lower income households, at least 10% for very low income households, or at least 20% for moderate income households in a common interest development.
3. Three incentives or concessions for housing developments that include at least 24% of the total units for lower income households, at least 15% for very low income households, or at least 30% for moderate income households in a common interest development.
4. Four incentives or concessions for housing developments that include 100% of the total units, not including manager’s units, for lower income households, except that up to 20% of the units may be for moderate-income households. If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.
C. Findings. The approval authority must grant the concessions or incentives requested by the applicant, unless it makes a written finding, based upon substantial evidence, that:
1. The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs or for affordable rents as specified in Section 18.65.020(E);
2. The concession or incentive would have a specific, adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households; or
3. The concession or improvement would be contrary to state or federal law.
18.65.12 Waiver or reduction of development standards.
A. Application. Any person that desires a waiver or reduction of one or more development standards pursuant to this chapter must make an application on a form approved by the Director at the time of submitting an entitlement application for the housing development for which the development standard waiver or reduction is requested. A waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions that the applicant is entitled to under Section 18.65.040.
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
B. Findings. The approval authority must waive or reduce the development standard requested by the applicant, unless it makes a written finding, based upon substantial evidence, that:
1. The development standard does not physically preclude the construction of the proposed housing development at the densities or with the concessions or incentive permitted by this chapter;
2. The waiver or reduction would have a specific, adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or
3. The waiver or reduction would be contrary to state or federal law.
18.65.14 Additional density bonus through donation of land.
A. Criteria for Additional Density Bonus. An applicant for a housing development will be eligible for the additional density bonus described in this section if all of the following conditions are met:
1. The applicant donates and transfers land to the City no later than the date of approval of the final subdivision map or parcel map or residential development application.
2. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households, in an amount not less than 10% of the total number of residential units in the applicant’s proposed housing development.
3. The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing at the density described in Government Code Section 65583.2(c)(3), and is or will be served by adequate public facilities and infrastructure. a. The land must have appropriate zoning and development standards to make the development of the affordable units feasible.
b. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land must have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, except that the local government may subject the proposed development to subsequent design review, to the extent authorized by California Government Code Section 65583.2(i), if the design is not reviewed by the City prior to the time of transfer.
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
4. The transferred land and the affordable units will be subject to a deed restriction ensuring continued affordability of the units consistent with Section 18.65.020(E)(1) and (2), which restriction will be recorded on the property at the time of the transfer.
5. The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to such housing developer.
6. The transferred land must be within the boundary of the proposed housing development or, if the City agrees, within one-quarter mile of the boundary of the proposed housing development.
7. A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.
B. Grant of Additional Density. When an applicant for a housing development approval donates land to the City that meets the criteria of subsection A of this section, the applicant will be entitled to an increase above the otherwise maximum allowable residential density under the applicable zoning and the land use designation of the General Plan for the entire development, as follows:
Percentage (%) of Very Low Income Percentage (%) Density Bonus 10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
27 32
28 33
29 34
30 35
C. Limitations. This increase provided for in this section is in addition to any increase in density mandated by Section 18.65.020(B), up to a maximum combined density increase of 35%, if an applicant seeks increases required pursuant to both this section and Section 18.65.020(B).
1. All density calculations resulting in fractional units will be rounded up to the next whole number.
2. Nothing in this section will be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development.
18.65.16 Additional density bonus or concession or incentive through provision of child care facility.
A. Grant of Additional Density, Incentives, or Concessions. When an applicant proposes to construct a housing development that conforms to one of the criteria listed in Section 18.65.020(B) and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the housing development, the approval authority must grant one of the following:
1. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility; or
2. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.
B. Conditions of Approval. The approval authority will require as a condition of approving the housing development that the following occur:
1. The child care facility must remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to Section 18.65.020(E).
2. Of the children who attend the child care facility, the children of very low income households, lower income households, or moderate income households must equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or moderate income households pursuant to Section 18.65.020(B).
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
C. Adequate Facilities Exception. Notwithstanding any requirement of this section, the Planning Commission or City Council is not required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities.
18.65.18 City’s discretion in granting density bonus.
Nothing in this chapter will be construed to prohibit the approval authority from granting a density bonus greater than what is described in this chapter for a housing development that meets the requirements of this chapter, or from granting a proportionately lower density bonus than what is required by this chapter for housing developments that do not meet the requirements of this chapter.
18.65.20 Parking standards.
A. Maximum Ratios. Upon the request of the applicant, the City will not require a vehicular parking ratio, inclusive of handicapped and guest parking, of a housing development meeting one of the criteria listed in Section 18.65.020(B) that exceeds the following ratios:
1. Zero to one bedroom: one on-site parking space.
2. Two to three bedrooms: one and a half on-site parking spaces.
3. Four and more bedrooms: two and one-half parking spaces.
B. Special Situations.
1. If a development includes at least 20% low-income units for housing developments meeting the criteria of Section 18.65.020(B)(1) or at least 11% very low income units for housing developments meeting the criteria of Section 18.65.020(B)(2) is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, the city shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per unit.
2. If a development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lower income families, then, upon the request of the developer, the city shall not impose vehicular parking standards if the development meets either of the following criteria:
a. The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development.
b. The development is a for-rent housing development for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
3. If a development meet the criteria of Section 18.65.020(B)(7), then, upon the request of the developer, the city shall not impose vehicular parking standards if the development meets any of the following criteria:
a. The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development.
b. The development is a for-rent housing development for individuals who are 62 55 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
c. The development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code. Development that is a special needs housing development shall have either paratransit service or unobstructed access, within onehalf mile, to fixed bus route service that operates at least eight times per day.
B. Provision of Parking. If the total number of parking spaces required for a housing development is other than a whole number, the number will be rounded up to the next whole number. For purposes of this section, a housing development may provide “on-site parking” through tandem parking or uncovered parking, but not through on-street parking.
C. Additional Incentives. This section applies to a development that meets the requirements of Section 18.65.020(B), but only at the request of the applicant.
An applicant may request additional parking incentives or concessions beyond those provided in this section, subject to Section 18.65.040. A request pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 18.65.040.
18.65.22 Interpretation.
The granting of a density bonus, concession or incentive pursuant to this chapter shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
SECTION 2. EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.
SECTION 3. SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance, and each section, subsection, sentence, clause, sentences, clauses, or phrases here of irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.
SECTION 4. POSTING: The Mayor shall sign this Ordinance and the City clerk shall attest hereto and shall cause the same within 15 days of its passage to be posted at no less than five public places within the City of Norco.
PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held November 1, 2023.
__________________________
Robin Grundmeyer, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Ordinance No. 1106 for Zone Code Amendment 2023-03
November 1, 2023
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 October 18, 2023, and thereafter at a regular meeting of said City Council duly held on November 1, 2023, it was duly passed and adopted by the following roll call vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on November 1, 2023
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Norco Municipal Code
Chapter 18.65 RESIDENTIAL DENSITY BONUS
PROVISIONS
The Norco Municipal Code is current through Ordinance 1089, passed November 16, 2022.
Chapter 18.65 EXHIBIT “A”
RESIDENTIAL DENSITY BONUS PROVISIONS
Sections:
18.65.02 Intent and Purpose.
18.65.04 Definitions.
18.65.06 Types of Bonuses and Incentives Allowed.
18.65.08 Additional Density Bonus for Donations of Land.
18.65.10 General Provisions Governing Density Bonus Calculations.
18.65.12 Incentives and Concessions for Affordable Housing.
18.65.14 Waivers and Modifications of Development Standards.
18.65.16 Parking Incentives.
18.65.18 Standards for Density Bonus Housing Developments.
18.65.20 Application Requirements.
18.65.22 Application Review.
18.65.24 Developer Affordable Housing Agreement.
18.65.02 Intent and Purpose.
The intent and purpose of Chapter 18.65 is: (1) to facilitate the production of housing for all income levels and special needs households, including senior citizen housing; (2) facilitate the development of rental housing for households in all income categories identified by the California Government Code as it pertains to the development of affordable housing; and (3) to implement Sections 65915, 65915.5 and 65917 of the California Government Code as required by Section 65915(a). In enacting this chapter, the City also intends to implement the goals, objectives, and policies of the City’s general plan housing element to encourage the construction of affordable housing in the City. It is also the City’s intent to encourage the development of rental housing to serve an economically diverse community. Accordingly, the City desires to provide a density bonus upon the request of an applicant when the applicant includes affordable or senior citizen restricted units in a project. This chapter implements the laws for density bonuses and other incentives and concessions available to qualified applicants under Government Code Sections 65915 through 65918. In the event these Government Code sections are amended, those amended provisions shall be incorporated into this chapter as if fully set forth herein. (Ord. 965 Sec. 1, 2013)
18.65.04 Definitions.
For purposes of this chapter, the following definitions shall apply. Unless specifically defined below, words or phrases shall be interpreted as to give this chapter its most reasonable interpretation. “Affordable ownership cost” means the average annual housing costs, including mortgage payments, property taxes, homeowner’s insurance, and homeowners’ association dues, if any, which do not exceed the following:
(1) Very low income households: 50 percent of area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent.
(2) Lower income households: 70 percent of area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent.
(3) Moderate income households: 110 percent of area median income, adjusted for assumed household size based on unit size, multiplied by 35 percent.
“Affordable rent” means the annual rent, including utilities and all fees for housing services, which does not exceed the following:
(1) Very low income households: 50 percent of area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent.
(2) Lower income households: 60 percent of area median income, adjusted for assumed household size based on unit size, multiplied by 30 percent.
Norco Municipal Code
Chapter 18.65 RESIDENTIAL DENSITY BONUS
PROVISIONS
The Norco Municipal Code is current through Ordinance 1089, passed November 16, 2022. “Affordable units” means dwelling units which are affordable to very low, lower, or moderate income households as defined by this chapter or by any federal or state housing program and are subject to rental, sale, or resale restrictions to maintain affordability.
“Applicant” means a developer or organization applying for a density bonus who seeks and agrees to construct a qualified housing development on or after the effective date of this chapter pursuant to Section 65915(b) of the California Government Code.
“Area median income” means the median income for Riverside County as published by the State of California pursuant to California Code of Regulations, Title 25, Section 6932, or a successor provision. “Assumed household size based on unit size” means a household of one person in a studio apartment, two persons in a one bedroom unit, three persons in a two bedroom unit, and one additional person for each additional bedroom thereafter.
Common Interest Development. As defined in Section 1351 of the California Civil Code, a common interest development may include a community apartment project, a condominium project, a planned development, or a stock cooperative.
“Density bonus” means a density increase over the otherwise allowable zoning maximum residential density on a site as of the date of application by the applicant to the City, granted pursuant to this chapter. “Density bonus units” means dwelling units granted pursuant to this chapter which exceed the otherwise allowable zoning maximum residential density for a housing development. “Household income” means the combined adjusted gross household income for all adult persons living in a dwelling unit as calculated for the purpose of the Section 8 program under the United States Housing Act of 1937, as amended, or its successor provision.
Very Low Income Household. As defined in California Health and Safety Code Section 50105, very low income persons and families are those whose incomes do not exceed the qualifying limits for very low income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937 which is 50 percent of area median income, adjusted for family size and revised annually.
Lower Income Household. As defined in California Health and Safety Code Section 50079.5, lower income persons and families are those whose incomes do not exceed the qualifying limits for low income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937 which is 70 percent of area median income, adjusted for family size and revised annually.
Moderate Income Household. “Persons and families of low or moderate income” means persons and families whose income does not exceed 120 percent of area median income, adjusted for family size by the department in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. “Housing development” means one or more groups of projects to construct dwelling units in the Housing Development Overlay zone (Chapter 18.64) of the City. Housing development also includes a subdivision or common interest development, as defined in Section 1351 of the California Civil Code, approved by the City and consisting of dwelling units or unimproved residential lots and the substantial rehabilitation of an existing multifamily dwelling, as defined in Section 65863.4(d), where the result of the rehabilitation would be a net increase in available dwelling units. For the purpose of calculating a density bonus, the dwelling units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels.
“Market rate unit” means a dwelling unit which is not an affordable unit or an inclusionary unit. “Maximum residential density” means the maximum number of dwelling units permitted by the Zoning Code and Land Use element of the general plan or, if a range of density is permitted, means the maximum allowable density for the specific zoning range and community development element of the general plan applicable to the project.
Norco Municipal Code
Chapter 18.65 RESIDENTIAL DENSITY BONUS
PROVISIONS
The Norco Municipal Code is current through Ordinance 1089, passed November 16, 2022.
Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the community development element of the general plan, the general plan density shall prevail. The maximum allowable density is based on the date an application for a housing development is deemed complete. This definition is used to calculate a density bonus pursuant to this chapter.
“Senior citizen housing development” means senior citizen housing as defined in Section 51.3 (a housing development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least 35 dwelling units) and Section 51.12 of the California Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. “Specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete. Mere inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety. (Ord. 965 Sec. 1, 2013)
18.65.06 Types of Bonuses and Incentives Allowed.
(1) Very Low and Lower Income Housing and Senior Citizen Housing. Upon written request to the City, an applicant for a housing development is eligible for one density bonus of 20 percent over the maximum residential density (except in the case of senior citizen housing, as provided below); provided, that the applicant agrees to construct the housing development in accordance with one of the following criteria:
(a) Very Low Income Households. Five percent of the total dwelling units, excluding any units permitted by the density bonus, are provided at affordable rent or ownership costs to very low income households; or (b) Lower Income Households. Ten percent of the total dwelling units, excluding any units permitted by the density bonus, are provided at affordable rent or ownership costs to lower income households; or (c) Senior Citizen Housing Development. For senior citizen housing developments, the density bonus shall be 20 percent of the number of senior housing units provided. (2) Moderate Income Housing. Upon written request to the City, an applicant for a housing development is eligible for one density bonus of five percent over the maximum residential density if the applicant agrees to construct the housing development in accordance with all of the following criteria:
(a) At least 10 percent of the total dwelling units, excluding any units permitted by the density bonus, are provided at affordable ownership costs to moderate income households; and (b) The housing development is a common interest project as defined by Section 1351 of the California Civil Code; and
(c) All of the dwelling units in the housing development are offered for sale to the public. (3) Higher Density Bonus for Greater Contribution of Affordable Units. Upon written request to the City, an applicant for a housing development that is eligible for a density bonus based upon the contribution of affordable units, may receive a higher amount of density bonus if the percentage of very low, lower, and moderate income housing units exceeds the base percentage established in subsection (3)(a) or (b) of this section, as follows:
(a) Very Low Income Units. For each one percent increase above five percent in affordable units for very low income households, the density bonus shall be increased by two and one-half percent up to a maximum of 35 percent, as follows:
Table 1: Very Low Income Units
Percentage of Very Low
Income Units Percentage of Density Bonus
5 20
Norco Municipal Code
Chapter 18.65 RESIDENTIAL DENSITY BONUS
PROVISIONS
The Norco Municipal Code is current through Ordinance 1089, passed November 16, 2022.
Table 1: Very Low Income Units
Percentage of Very Low
Income Units Percentage of Density Bonus
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
(b) Lower Income Units. For each one percent increase above 10 percent in the affordable units for lower income households, the density bonus shall be increased by one and one-half percent up to a maximum of 35 percent, as shown in Table 2:
Table 2: Lower Income Units
Percentage of Very Low
Income Units Percentage of Density Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
(c) Moderate Income Units. For each one percent increase above 10 percent in affordable units offered for sale to moderate income households, the density bonus shall be increased by one percent up to maximum 35 percent, as shown in Table 3:
Table 3: Moderate Income Units
Percentage of Very Low
Income Units
Percentage of Density
Bonus
10 5
11 6
12 7
13 8
Norco Municipal Code
Chapter 18.65 RESIDENTIAL DENSITY BONUS
PROVISIONS
The Norco Municipal Code is current through Ordinance 1089, passed November 16, 2022.
Table 3: Moderate Income Units
Percentage of Very Low
Income Units
Percentage of Density
Bonus
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
(4) Continued Affordability. Affordable units qualifying a housing development for a density bonus shall remain affordable as follows:
(a) Very low income and low income household units shall remain affordable to the designated income group for a minimum of 30 years, or for a longer period of time if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the dwelling units.
Norco Municipal Code
Chapter 18.65 RESIDENTIAL DENSITY BONUS
PROVISIONS
The Norco Municipal Code is current through Ordinance 1089, passed November 16, 2022. (b) Moderate income household units shall remain affordable for a minimum of 30 years, or for a longer period of time if required by any construction or mortgage financing assistance program, or mortgage insurance program applicable to the dwelling units.
(5) Specification of Basis for Density Bonus. Each applicant who requests a density bonus pursuant to this section, shall elect whether the bonus will be awarded on the basis of subsection (1)(a), (b) or (c) or (2) of this section. Each housing development is entitled to only one density bonus, which may be selected based on the percentage of either very low income affordable housing units, lower income affordable housing units or moderate income affordable housing units, or the development’s status as a senior citizen housing development. Density bonuses from more than one of these categories may not be combined. (Ord. 965 Sec. 1, 2013)
18.65.08 Additional Density Bonus for Donations of Land. (1) Land Suitability. Upon written request, when an applicant for a tentative map, subdivision map, parcel map, or other residential development approval qualified for a density bonus pursuant to Section 18.65.06 also donates land to the City in accordance with this section, the applicant shall be entitled to an additional density bonus.
Applicants donating land to the City shall be eligible for an additional 15 percent density bonus at the site of the housing development if the donated land is suitable for the construction of very low income units equaling at least 10 percent of the market rate units being constructed for the project. The density bonus provided pursuant to this section shall be in addition to any density bonus granted pursuant to Section 18.65.06, up to a maximum combined density bonus of 35 percent.
(2) Qualification Criteria. To qualify for the additional density bonus described in subsection (1) of this section, the donation of land must meet all of the following criteria:
(a) The tentative map, subdivision map, parcel map, or other residential development must otherwise be subject to a density bonus pursuant to Section 18.65.06; and (b) The land must be transferred no later than the date of the approval of the final subdivision map, parcel map, or housing development application; and
(c) The developable acreage and zoning classification of the land being transferred must be sufficient to permit construction of dwelling units affordable to very low income households in an amount not less than 10 percent of the total number of market rate dwelling units in the proposed development (i.e., the proposed development before the addition of any density bonus); and (d) The donated land is at least one acre in size or is large enough to permit development of at least 40 units, has the appropriate general plan land use designation, has the appropriate zoning and development standards for affordable housing and, at the time of project approval is, or at the time of construction will be, served by adequate public facilities and infrastructure; and
(e) No later than the date of approval of the final map, parcel map, or other development application for the housing development, the donated land must have all of the applicable permits and approvals (other than building permits) necessary for the development of the very low income housing units on the donated land, except that the City may subject the proposed housing development to subsequent design review to the extent authorized by California Government Code Section 65583.2(i) if the design is not reviewed by the City prior to the time of transfer; and
(f) The donated land is subject to a deed restriction ensuring continued affordability of the very low income units consistent with Section 18.65.06(4), which deed restriction shall be recorded upon the donated property at the time of its transfer; and
(g) The land will be transferred to the City or to a housing developer approved by the City. The City reserves the right to require the applicant to identify a developer and to require that the land be transferred to that developer; and
(h) The land is within the boundary of the proposed housing development or within one-fourth mile of the boundary of the proposed housing development; and
Norco Municipal Code
Chapter 18.65 RESIDENTIAL DENSITY BONUS
PROVISIONS
The Norco Municipal Code is current through Ordinance 1089, passed November 16, 2022. (i) No later than the date of approval of the final map, parcel map, or other development application for the housing development, a proposed source of funding for the construction of the very low income units shall be identified.
(3) Additional Density Bonus Based on Greater Suitability of Land for Very Low Income Housing. For each one percent increase above the minimum 10 percent in the number of very low income housing units that can be accommodated on the donated land, the maximum density bonus shall be increased by one percent, up to a maximum of 35 percent, as follows:
Table 4: Land Donation
Percentage of Very Low
Income Units That Can Be
Accommodated on Donated
Land
Percentage of Additional
Density Bonus
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
(Ord. 965 Sec. 1, 2013)
18.65.10 General Provisions Governing Density Bonus Calculations. (1) For the purposes of any provisions in this chapter, an applicant may elect to accept a lesser percentage of density bonus than that to which the housing development is eligible.
Norco Municipal Code
Chapter 18.65 RESIDENTIAL DENSITY BONUS
PROVISIONS
The Norco Municipal Code is current through Ordinance 1089, passed November 16, 2022. (2) When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded up to the next larger whole number.
(3) For the purpose of calculating a density bonus, the dwelling units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels.
The density bonus shall be permitted in geographic areas of the housing development other than the areas where the affordable units are located.
(4) For the purposes of this chapter, the “total units” or “total dwelling units” in a housing development does not include those units added by any density bonus.
(5) Regardless of the number or extent of affordable units, senior housing, land dedication, or other qualifications for a density bonus provided in any single housing development, no housing development may be entitled to a total density bonus of more than 35 percent.
Table 5: Density Bonus Summary
Types of Affordable
Units Providing
Eligibility for a Density
Bonus
Minimum Percent Bonus Granted
Additional Bonus for
Each 1% Increase in
Affordable Units
Percent of Affordable
Units Required for
Maximum 35% Bonus
Very Low Income 5% 20% 2.5% 11%
Lower Income 10% 20% 1.5% 20%
Moderate Income 10% 5% 1% 40%
Senior Citizen Housing Qualified development 20% of the units – – Land Donation for Very
Low Income Housing
Land donated can
accommodate 10% of
market rate units, plus
housing development
qualified for density
bonus as an affordable or
senior project.
15% 1% 30% of market rate units
(assuming housing
development provides 5%
very low income units)
(Ord. 965 Sec. 1, 2013)
18.65.12 Incentives and Concessions for Affordable Housing. (1) Definition of a Qualified Incentive or Concession. A qualifying project shall be entitled to at least one but no more than three of the following incentives identified by state law:
(a) A reduction in the parcel development standards (e.g., coverage, setback, zero lot line and/or reduced parcel sizes, architectural design requirements and/or parking requirements). Development standard means any ordinance, general plan element, specific plan, condition, law, policy, resolution, or regulation. In no case may the City apply a development standard that will have the effect of precluding the construction of affordable units. A waiver or modification to development standards may be requested by the applicant, and shall be approved unless such waiver or modification creates an adverse impact as described in subsection (3) of this section.
(b) Approval of mixed use zoning in conjunction with the housing project if nonresidential land uses will reduce the cost of the housing project, and the nonresidential land uses are compatible with the housing project and existing or planned development in the area where the proposed development will be located. (c) Other regulatory incentives or concessions proposed by the applicant or the City that will result in identifiable, financially sufficient and actual cost reductions. (2) Number of Incentives or Concessions. The number of incentives shall be based on the percentage of affordable units in the project:
Norco Municipal Code
Chapter 18.65 RESIDENTIAL DENSITY BONUS
PROVISIONS
The Norco Municipal Code is current through Ordinance 1089, passed November 16, 2022. (a) One incentive or concession shall be entitled for projects where at least five percent of the total units are for very low income households, 10 percent of the total units are for lower income households, or 10 percent of the total units in a common interest development are sold to moderate income households. (b) Two incentives or concessions shall be entitled for projects where at least 10 percent of the total units are for very low income households, 20 percent of the total units are for lower income households, or at least 20 percent of the total units in a common interest development are sold to moderate income households. (c) Three incentives or concessions shall be entitled for projects where at least 15 percent of the total units are for very low income households, 30 percent of the total units are for lower income households, or 30 percent of the total units in a common interest development are sold to moderate income households.
Table 6: Incentives and Concessions Summary
Affordable Units or Category Percent of Affordable Units Affordable Housing Types:
Very Low Income 5% 10% 15%
Low Income 10% 20% 30%
Moderate Income 10% 20% 30%
Maximum
incentive(s)/concession(s)1,
2, 3
1 2 3
Notes:
1. An incentive or concession may be requested only if an application is also made for a density bonus.
2. Incentives or concessions may be selected from only one category (very low, lower, or moderate).
3. No incentives or concessions are available for land donation. (3) Findings to Deny Incentive or Concession. The City shall grant the incentive or concession requested by the applicant unless the City makes a written finding based upon substantial evidence of any of the following:
(a) The incentive or concession is not required in order to provide for affordable housing costs or for affordable rents for the restricted units; or
(b) The concession or incentive would have a specific adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. A specific adverse impact means a significant, unavoidable impact, as provided in written standards, policies, or conditions; or (c) The incentive or concession would be contrary to state or federal law. (4) Exceptions. This section does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the City or the waiver of fees or dedication requirements. Nor does any provision of this section require the City to grant an incentive or concession found to have a specific adverse impact.
(5) Amendment, Zone Change. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. (Ord. 965 Sec. 1, 2013)
18.65.14 Waivers and Modifications of Development Standards. (1) Applicants granted a density bonus pursuant to Section 18.65.06 may, by written proposal, seek a waiver, modification or reduction of development standards that would otherwise have the effect of physically precluding the construction of the housing development at the densities or with the concessions or incentives permitted pursuant to this chapter. The applicant may also request a meeting with the City to discuss such request for waiver and modifications.
Norco Municipal Code
Chapter 18.65 RESIDENTIAL DENSITY BONUS
PROVISIONS
The Norco Municipal Code is current through Ordinance 1089, passed November 16, 2022. (2) In order to obtain a waiver or modification of development standards, the applicant shall show that the development standards will have the effect of precluding the construction of a housing development meeting the criteria of Section 18.65.06, at the densities or with the concessions or incentives permitted by this chapter. (3) A proposal for the waiver or reduction of development standards pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 18.65.12. (4) The City may deny a request for any waiver, modification or reduction of development standards if the waiver, modification or reduction would have a specific adverse impact. (Ord. 965 Sec. 1, 2013)
18.65.16 Parking Incentives.
Upon the written request of the applicant for a housing development meeting the criteria for a density bonus under Section 18.65.06, the City shall not require a vehicular parking ratio that exceeds the following:
(1) Zero to one bedroom units: One on-site parking space. (2) Two to three bedroom units: Two on-site parking spaces. (3) Four and more bedroom units: Two and one-half parking spaces.
Guest parking and handicapped parking shall be included within the maximum number of spaces that may be required. If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, a housing development may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking. For purposes of this chapter, the parking ratios set forth in this section shall be deemed a concession or incentive available to the applicant under Section 18.65.12. (Ord. 965 Sec. 1, 2013)
18.65.18 Standards for Density Bonus Housing Developments. (1) Affordable units qualifying a housing development for a density bonus shall be reasonably dispersed throughout the housing development and compatible with the design of market rate units in terms of appearance, materials, and finished quality. The applicant may reduce the interior amenities and square footage of inclusionary units, provided all units conform to all other requirements of this municipal code. (2) For developments with multiple market rate units containing differing numbers of bedrooms, affordable units qualifying a housing development for a density bonus shall be representative of the market rate unit mix. (3) All building permits for affordable units qualifying a housing development for a density bonus shall be issued concurrently with, or prior to, issuance of building permits for the market rate units, and the affordable units shall be constructed concurrently with, or prior to, construction of the market rate units. Occupancy permits and final inspections for affordable units qualifying a housing development for a density bonus shall be approved concurrently with, or prior to, approval of occupancy permits and final inspections for the market rate units. (Ord. 965 Sec. 1, 2013)
18.65.20 Application Requirements.
(1) An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this section shall be submitted with the first approval of the housing development and processed concurrently with all other applications required for the housing development. (2) For affordable units qualifying the housing development for a density bonus, the application shall include the following information:
(a) A site plan identifying the base project without the density bonus, number and location of all inclusionary units, affordable units qualifying for the project for a density bonus, and proposed density bonus units; and
(b) Proposed category(ies) qualifying the housing development for a density bonus; and
Norco Municipal Code
Chapter 18.65 RESIDENTIAL DENSITY BONUS
PROVISIONS
The Norco Municipal Code is current through Ordinance 1089, passed November 16, 2022. (c) Level of affordability of all affordable and inclusionary units and proposals for ensuring affordability, if applicable; and
(d) A description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards.
(e) If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in Section 18.65.08 can be made.
(3) Upon submission of the application to the City, the Planning Director or designee shall determine if the application is complete and conforms to the provisions of this chapter. No application for a first approval for a housing development requesting a density bonus, incentives, concessions, or waivers may be deemed complete unless an affordable housing plan is submitted conforming to the provisions of this chapter. (4) A request for a minor modification of an approved application may be granted by the City Manager or designee if the modification is substantially in compliance with the original application and the conditions of approval. Other modifications to the affordable housing plan shall be processed in the same manner as the original application. (Ord. 965 Sec. 1, 2013)
18.65.22 Application Review.
(1) An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this chapter shall be reviewed as part of the first approval of the housing development by the approval body with authority to approve the housing development, unless additional review by the planning commission or City Council is required. An applicant proposing a housing development pursuant to this chapter may submit a preliminary application prior to the submittal of any formal request for approval of a housing development. (2) Within 90 days of receipt of the preliminary application the City shall provide to an applicant a letter which identifies project issues of concern (the maximum financial assistance that the Planning Director can support when making a recommendation to the City Council), and the procedures for compliance with this chapter. The Planning Director shall inform the applicant that the requested additional incentives shall be recommended for consideration with the proposed housing development, or that alternative or modified additional incentives pursuant to Section
18.65.12 shall be recommended for consideration in lieu of the requested incentives. If alternative or modified incentives are recommended by the Planning Director, the recommendation shall establish how the alternative or modified incentives can be expected to have an equivalent affordability effect as the requested incentives. (3) Before approving an application for a density bonus, incentive, concession, waiver, or modification, the approval body shall make the following findings:
(a) The housing development is: (i) eligible for a density bonus, and/or (ii) any concessions, incentives, waivers, modifications, or reduced parking standards requested conform to all requirements of this chapter, and (iii) supported by a financing mechanism for all implementation and monitoring costs. (b) If the density bonus is based all or in part on dedication of land, the application meets the qualifications and findings stated in Section 18.65.08.
(c) If a waiver or modification is requested, the applicant has shown that the waiver, modification or reduction of development standards meets the qualifications and findings stated in Section 18.65.14. (4) If the findings stated in subsection (3) of this section can be made, and a request for an incentive or concession is otherwise consistent with this chapter, the approval body may deny a concession or incentive based upon written findings of any of the factors stated in Section 18.65.12 for the denial or disqualification of a concession or incentive.
(5) If the required findings stated in subsection (3) of this section can be made, and a request for a waiver or modification is otherwise consistent with this chapter, the approval body may deny the requested waiver or
Norco Municipal Code
Chapter 18.65 RESIDENTIAL DENSITY BONUS
PROVISIONS
The Norco Municipal Code is current through Ordinance 1089, passed November 16, 2022. modification based upon written findings of any of the factors stated in Section 18.65.14 for the denial or disqualification of a waiver or modification.
(6) Nothing in this section shall be interpreted to require the City to grant an incentive or concession or to waive or reduce development standards if that incentive, concession, waiver, or reduction has a specific adverse impact upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
(7) Any decision regarding a density bonus, incentive, concession, waiver, modification, or revised parking standard may be appealed pursuant to Chapter 4.04. In accordance with state law, neither the granting of a concession or incentive, nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. (Ord. 965 Sec. 1, 2013)
18.65.24 Developer Affordable Housing Agreement.
(1) Applications requesting a density bonus shall agree to enter into a density bonus housing agreement with the City. The terms of the draft agreement shall be reviewed and revised as appropriate by the Planning Director, who shall formulate a recommendation to the planning commission for final approval. A density bonus housing agreement shall be made a condition of the discretionary planning permits for all housing developments pursuant to this chapter and shall be recorded as a restriction on any parcels on which the affordable units or density bonus units will be constructed.
(2) The density bonus housing agreement shall be recorded prior to final or parcel map approval, or, where the housing development does not include a map, prior to issuance of a building permit for any structure in the housing development. The density bonus housing agreement shall run with the land and bind future owners and successors in interest. (Ord. 965 Sec. 1, 2013)