Final Agreement 3/6/2024 Page 161 of 168
4642 11.4. Change in Frequency. The City may direct Contractor to change the frequency of street 4643 sweeping for any City street. Contractor shall implement City-directed changes in 4644 frequency within fifteen (15) Work Days of receipt of written notice from the Agreement 4645 Administrator to adjust sweeping frequency. Any increase to the frequency of services 4646 under this Exhibit shall be treated as extra services which the Contractor can request 4647 reasonable compensation and shall be agreed upon by City and Contractor prior to the 4648 additional services commencing.
4649 12. Street Sweeping Hours of Service.
4650 12.1. Residential Streets. Contractor shall provide Street Sweeping Service on residential 4651 streets commencing no earlier than 7:00 a.m. and terminating no later than 7:00 p.m. 4652 Street Sweeping Services shall only take place on Tuesdays-Friday. The hours, days, or 4653 both of service may be extended due to extraordinary circumstances or conditions with 4654 the prior written consent of the Agreement Administrator. Sweeping in residential areas 4655 shall be coordinated with Integrated Solid Waste Handling Services to ensure that 4656 sweeping occurs after collection of all Carts has been completed on a specific street. 4657 12.2. Commercial Streets. Contractor shall provide Street Sweeping Service on commercial 4658 streets commencing no earlier than 7:00 a.m. and terminating no later than 7:00 p.m. 4659 Monday-Friday. Street Sweeping Service shall take place five days per week. The hours, 4660 days, or both of service may be extended due to extraordinary circumstances or 4661 conditions with the prior written consent of the Agreement Administrator. 4662 13. Street Changes. City and Contractor acknowledge that it may be necessary or desirable to add 4663 or delete City streets for which Contractor will provide Street Sweeping Services or to temporarily 4664 modify sweeping schedules. City will provide notice of any such changes to Contractor which may 4665 be caused by the following:
4666 Construction or development on or along a street. 4667 Pavement maintenance activities.
4668 Inclement weather when running water renders sweeping ineffective. 4669 Special sweeping on alternative schedule.
4670 Other legitimate reasons that make sweeping impractical as determined by the 4671 Agreement Administrator.
4672 14. Street Additions. As new streets are constructed and accepted by City, City may, at City’s sole 4673 option, designate such streets as part of the Service Area for the purposes of Street Sweeping 4674 Services. If the Agreement Administrator designates such streets as part of the Service Area, 4675 Contractor shall provide Street Sweeping Service on such streets under the terms and conditions 4676 of this Agreement within fifteen (15) workdays of receipt of written notice from the Agreement 4677 Administrator to begin service.
4678 15. Street Deletions. City may require some City streets to be temporarily or permanently removed 4679 from the list of scheduled streets for which Contractor provides Street Sweeping Service under 4680 this Agreement. Contractor shall immediately cease providing Street Sweeping Service to any 4681 City Street upon receipt of written notice from the Agreement Administrator to stop such service. 4682 When a City Street has been temporarily removed from the list of scheduled streets, Contractor 4683 shall resume Street Sweeping Service on such street in the next regularly scheduled cycle 4684 following the receipt of written notice from the Agreement Administrator to resume service. 4685 16. Revised Maps. Contractor shall revise the Street Sweeping Service route maps to show the 4686 addition or deletion of City Streets as provided above and shall provide such revised maps to the 4687 Agreement Administrator upon request, within ninety (90) days from receipt of written notice. The 4688 maps shall be provided in a format that can be posted to the City website.
Final Agreement 3/6/2024 Page 162 of 168
4689 17. Parking Restrictions. The City will provide written notice to Contractor of any streets where 4690 permit parking may impact scheduled Street Sweeping Service. Contractor may be required to 4691 adjust sweeping schedules to sweep prior to the permit parking restrictions. 4692 18. Adverse Weather Conditions. Because of varying rain conditions throughout the City, 4693 Contractor may verbally request permission from the Agreement Administrator to cancel 4694 sweeping during heavy and persistent rainstorms within the Service Area. Contractor may cancel 4695 sweeping only with the prior consent of the Agreement Administrator. 4696 19. Hazardous Waste. Contractor shall not be required to remove any Hazardous Waste from the 4697 street surface. If, while performing street sweeping services, any suspected Hazardous Waste is 4698 encountered, Contractor shall immediately report the location to the Agreement Administrator, 4699 and any other responsible agency.
4700 20. Disposal of Sweep Waste. Contractor shall transport and deliver all sweep waste to designated 4701 facility for proper processing that meets AB 939 requirements. In the event the facility is closed on 4702 a workday or is otherwise unable to accept the sweep waste, Contractor shall transport and 4703 deliver the sweep waste to another legally permitted facility. Sweep waste Disposal shall not be 4704 calculated as part of the annual diversion rate but must be document the monthly tons of sweep waste collected and provide this data to the City annually by Jan 31st 4705 for annual NPDES reporting 4706 purposes.
4707 21. Spillage. During hauling, all sweep waste shall be contained, covered and enclosed so that 4708 leaking, spilling and blowing of the sweep waste is prevented. Contractor shall be responsible for 4709 the immediate clean-up of any spillage caused by Contractor. 4710 21.1. Equipment oil, hydraulic fluids, or any other liquid or debris resulting from Contractor’s 4711 operations or equipment must be covered immediately with an absorptive material and 4712 removed from the street surface. Contractor must notify City within two (2) hours of any 4713 spills resulting from Contractor’s operations or equipment. When necessary, Contractor 4714 must apply a suitable cleaning agent to the street surface to provide adequate cleaning. 4715 21.2. The above paragraphs notwithstanding, Contractor must clean up any spillage caused by 4716 Contractor within two (2) hours upon notice from the City. If City deems necessary, 4717 Contractor must engage third-party environmental clean-up specialist to remove any 4718 equipment oil, hydraulic fluids, or any other liquid or debris that remains on street after 4719 Contractor’s own clean-up efforts. If clean-up is not conducted to satisfaction of City, City 4720 has right to engage environmental clean-up specialist to perform additional clean-up work 4721 at the expense of Contractor.
4722 21.3. To facilitate such cleanup, Contractor’s vehicles must at all times carry sufficient 4723 quantities of petroleum absorbent materials along with a broom and shovel. 4724 22. Street Sweeping Service Routes. Not less than forty-five (45) days prior to commencement of 4725 Street Sweeping Services, Contractor shall submit to the Agreement Administrator, Service Area 4726 maps precisely defining the Sweeper Routes for review and approval by the Agreement 4727 Administrator. The route maps shall include the days of the month sweeping shall occur, the 4728 sweeping schedules in adjacent areas, the areas of the City to be swept, the start and finish of 4729 each route, and any special needs such as early starts, and late finishes. 4730 22.1. The Agreement Administrator may provide written comments on the preliminary maps to 4731 Contractor no later than twenty (20) Work Days after receipt of the maps from Contractor. 4732 Contractor shall revise the maps to reflect such comments and return them to the 4733 Agreement Administrator within twenty (20) workdays after receipt of the Agreement 4734 Administrator’s comments.
4735 22.2. Upon approval by the Agreement Administrator of the final Sweeper Route maps, 4736 Contractor shall develop and maintain the Sweeping Routes on a computerized mapping 4737 system that is compatible with City’s mapping system to the extent possible. Street 4738 Sweeping maps provided to the City shall be in a format that is suitable for posting to the 4739 City website.
Final Agreement 3/6/2024 Page 163 of 168
4740 22.3. Changes in maps shall be provided by the City, and Contractor shall update the maps in 4741 Contractor’s system every month. Such changes shall also be reflected in Contractor’s 4742 printed route maps. Contractor shall submit to the Agreement Administrator, in writing, 4743 any proposed route change (including maps thereof) not less than forty-five (45) days 4744 prior to the proposed date of implementation.
4745 22.4. The Agreement Administrator may provide written comments to Contractor on such 4746 proposed change no later than ten (10) workdays after receipt of the proposal from 4747 Contractor, and Contractor shall revise the routes to reflect such comments and return 4748 them to the Agreement Administrator within ten (10) workdays of receipt of such 4749 comments.
4750 22.5. Contractor shall not implement any route changes without the prior written approval of the 4751 Agreement Administrator. If the approved route change will change the day on which 4752 Street Sweeping Service will occur, Contractor shall notify the affected Service 4753 Recipients of route changes not less than thirty (30) workdays before the proposed date 4754 of implementation in a manner approved by the Agreement Administrator. 4755 23. Other City Sweep Service. If during the Term, circumstances exist that require work associated 4756 with the Street Sweeping Service program that is not specifically provided for in this Agreement or 4757 exceeds the 200 hour annual time bank, the Agreement Administrator may require Contractor to 4758 perform such other associated work (“OAW”). Any changes under this section shall be treated as 4759 City-directed changes under Section 31.01.
4760 23.1. When Contractor performs OAW, the labor, materials, and equipment used in the 4761 performance of such work shall be subject to the prior written approval of the Agreement 4762 Administrator.
4763 23.2. Examples of OAW that Contractor may be required to perform include: performance of 4764 special sweeps, flood clean-up, street sanitation for parades and celebrations, City 4765 requested clean-up services, and any contingency where sweeper and supporting 4766 sweeper equipment could assist in a particular instance. 4767 24. Street Sweeping Quality of Work. The standards of performance which Contractor is obligated 4768 to meet are those good street sweeping practices which leave the service area in a debris and 4769 dirt-free condition and using sufficient water to avoid airborne dust arising from equipment 4770 operation.
4771 25. Street Sweeping Equipment.
4772 25.1. General Provisions. All Street Sweeping Service equipment used by Contractor in the 4773 performance of services under this Agreement shall be of a high quality and of the 4774 vacuum type in conformance with the City’s MS4 Permit. The collection vehicles shall be 4775 designed and operated to prevent collected materials from escaping from the collection 4776 vehicles. Hoppers shall be closed on top and on all sides with screening material to 4777 prevent collected materials from leaking, blowing, or falling from the collection vehicles. 4778 All sweepers shall have an operational strobe and back-up alarm and shall conform to all 4779 Federal, State and local government safety requirements. 4780 25.2. Clean Air Collection Vehicles. During the Term, to the extent required by law, Contractor 4781 shall provide its Street Sweeping vehicles to be in full compliance with all Applicable 4782 Laws, including State and federal clean air requirements that are adopted or proposed to 4783 be adopted, including, but not limited to, the California Air Resources Board Heavy Duty 4784 Engine Standards as currently proposed to be contained in California Code of 4785 Regulations, title 13, sections 2020 et seq., the Federal EPA’s Highway Diesel Fuel 4786 Sulfur regulations and all other applicable air pollution control laws. 4787 25.3. Vehicle Noise Level. All Street Sweeping operations shall be conducted as quietly as 4788 possible and must comply with Applicable Laws, including federal EPA noise emission 4789 regulations, currently codified at Code of Federal Regulations, Title 40, Part 205.
Final Agreement 3/6/2024 Page 164 of 168
4790 25.4. Reserve Equipment. Contractor shall have available to it, at all times, reserve collection 4791 and Street Sweeping Service equipment that can be put into service and operation within 4792 one (1) hour of any breakdown. Such reserve equipment shall correspond in size and 4793 capacity to the equipment used by Contractor to perform Contractor’s duties under this 4794 Agreement.
4795 25.5. Condition of Equipment. All equipment shall be maintained in good mechanical condition, 4796 including brushes and brooms that shall be replaced at regular intervals. Contractor shall 4797 immediately clean any vehicle fluids (hydraulic fluids, lubricating oils, etc.) that leak or 4798 spill from equipment into the street or public right of way. 4799 25.6. Storage. Sweeping equipment shall not be stored in the public right of way unless 4800 mechanical failure prevents immediate removal. In the event of mechanical failure, all 4801 efforts must be made to remove the equipment from the public right of way as soon as 4802 possible. The City must approve any overnight storage in public right of way. Contractor 4803 may enter into optional Storage Agreement with City to store Sweeper equipment at City 4804 facility. In the absence of such Storage Agreement with City, sweeping equipment shall 4805 not be stored on City Property.
4806 25.7. City inspection. All equipment is subject to inspection by the City at any time. 4807 26. Staffing. All Street Sweeper operators shall abide by the requirements set forth in this 4808 Agreement.
4809 27. Communication. Contractor shall have direct communication with all sweeping operators in the 4810 field utilizing radios or cellular telephones. Each sweeper operator shall have the ability to 4811 communicate verbal information immediately to City staff, Police and Fire Department personnel, 4812 residents, and to report illicit stormwater discharges and hazardous street or drainage conditions 4813 to the City. Contractor shall also report missed routes and citizen complaints and resolution to the 4814 City on a weekly basis, when applicable.
4815 27.1. Contractor shall supply a 24-hour message telephone number to the City Director of 4816 Public Works so that the City can notify Contractor of traffic counter installations. 4817 27.2. Drivers shall be aware of their locations to raise their brooms and avoid destruction of 4818 traffic counter cables. Contractor shall use due diligence to avoid traffic counter cables. 4819 27.3. All Sweepers shall have a GPS tracker located in the trucks, with all data accessible to 4820 City staff and provided to the City in a monthly report. 4821 28. Deficiencies and Corrections. The City may also make regular unannounced inspections of 4822 Street Sweeping locations if a swept area is deemed to be below acceptable performance 4823 standards, the substandard section shall be re-swept within one (1) workday of notification. 4824 Contractor shall re-sweep at their own expense. The City shall be notified of the completed re4825 sweep. 4826 29. City MS4 Permit. Contractor shall meet street sweeping requirements included in the City’s 4827 current Stormwater Discharge Permit as it may be amended, revised, or reissued from time to 4828 time (“MS4 Permit”).
4829
Final Agreement 3/6/2024 Page 165 of 168
4830 Exhibit 14
4831 Storm Drain Waste Removal Services
4832 Contractor shall provide storm drain (i.e. catch basin) waste removal services to City during the Term in 4833 accordance with the terms and conditions of the Agreement and this Exhibit. 4834 1. Manner of Service. In accordance with the City’s MS4 permit the Contractor shall provide waste 4835 removal (cleaning) for all storm drain inlets and catch basins within the City one (1) time per year 4836 based on a schedule approved by the City. Contractor shall obey all laws governing the 4837 operation of the cleaning vehicles on City streets and shall ensure proper traffic delineation is in 4838 place when blocking any travel lane.
4839 2. Labor and Materials. Contractor shall furnish all materials, labor, supervision and equipment 4840 necessary to perform all work required for cleaning of any storm drain located in the City. Within 4841 60 days after the Effective Date, Contractor shall adopt a City reviewed and approved storm drain 4842 cleaning schedule, including adjustments for Holidays. Exceptions resulting from equipment 4843 breakdowns shall be immediately reported to the City with a catch-up schedule. 4844 3. Unscheduled and Emergency Services. Contractor shall also provide unscheduled storm drain 4845 cleaning as otherwise assigned by the City upon one (1) Work Days’ notice. Contractor shall use 4846 commercially reasonable efforts to respond to emergency incidents within two hours or less 4847 depending on the severity of the incident.
4848 4. Locations and Maps. City will provide Contractor with storm drain details including location and 4849 identification numbers for each storm drain to be cleaned via electronic map and/or data file. 4850 5. Cleaning Method. Contractor shall remove all solid waste, including trash, green waste, 4851 street/trail debris from inside storm drains/inlets including from full trash capture devices placed 4852 inside storm drains. Items that impede cleaning and are immovable via vactor/vacuum 4853 equipment shall be reported to the City immediately for correction. 4854 6. Standards of Service. All areas swept under this Agreement shall be thoroughly cleaned. All 4855 debris shall be picked up by the vactor/vacuum equipment and disposed of at Contractor's 4856 expense. Cleaning shall include the removal of all sand, gravel, dirt, litter, vegetation, and any 4857 and all other debris that accumulates within each storm drain. The service standards in this 4858 Exhibit may be reviewed and modified as conditions warrant to maintain cleanliness by the City or 4859 as necessary to comply with any regulatory permits issued to City. 4860 7. Water. Contractor shall obtain water services from the appropriate water utility or City for the 4861 water necessary in the cleaning operation. City may elect to provide map of preferred hydrant 4862 locations to Contractor to be used. The cost of the water shall be borne by Contractor. 4863 When possible, Contractor shall use reclaimed or tertiary recycled water. 4864 8. Cleaning Frequency.
4865 Contractor shall provide cleaning service for each catch basin in the City one-time per year 4866 between September and November. Contractor shall avoid scheduling cleaning on Mondays in 4867 residential areas due to this the designated trash hauler pickup. If cleaning is scheduled on 4868 Monday the Contractor must make sure trash carts/bins must not be blocked. In those instances 4869 where the scheduled cleaning service day falls on a Holiday, Contractor may adjust the schedule 4870 as necessary, consistent with other Integrated Solid Waste Handling Services. 4871 Change in Schedule or Frequency. The City may direct Contractor to change the 4872 schedule/calendar period when cleaning services. Contractor shall implement City-directed 4873 changes in schedule/calendar period within fifteen (15) Work Days of receipt of written notice 4874 from the Agreement Administrator. Any increase to the frequency of services under this Exhibit 4875 shall be treated as extra services which the Contractor can request reasonable compensation 4876 and shall be agreed upon by City and Contractor prior to the additional services commencing.
Final Agreement 3/6/2024 Page 166 of 168
4877 9. Cleaning Hours of Service.
4878 Contractor shall provide cleaning service commencing no earlier than 7:00 a.m. and terminating 4879 no later than 5:00 p.m. The hours, days, or both of service may be extended due to extraordinary 4880 circumstances or conditions with the prior written consent of the Agreement Administrator. 4881 10. Storm Drain Changes. City and Contractor acknowledge that it may be necessary or desirable 4882 to add or delete City storm drains for which Contractor will provide cleaning services or to 4883 temporarily modify cleaning schedules. City will provide notice of any such changes to Contractor 4884 which may be caused by the following:
4885 Construction or development on or along a street. 4886 Pavement maintenance activities.
4887 Inclement weather when running water renders cleaning ineffective. 4888 Other legitimate reasons that make cleaning impractical as determined by the Agreement 4889 Administrator.
4890 11. Storm Drain Additions. As new storm drains are constructed and accepted by City, City may, at 4891 City’s sole option, designate such storm drains as part of the Service Area for the purposes of 4892 storm drain cleaning services. If the Agreement Administrator designates such storm drains as 4893 part of the Service Area, Contractor shall provide cleaning service on such storm drains under the 4894 terms and conditions of this Agreement within fifteen (15) workdays of receipt of written notice 4895 from the Agreement Administrator to begin service. 4896 12. Storm Drain Deletions. City may require some City storm drains to be temporarily or 4897 permanently removed from the list of scheduled storm drains for which Contractor provides 4898 cleaning service under this Agreement. Contractor shall immediately cease providing cleaning 4899 service to any City storm drain upon receipt of written notice from the Agreement Administrator to 4900 stop such service. When a City storm drain has been temporarily removed from the list of 4901 scheduled storm drains, Contractor shall resume cleaning service on such storm drain in the next 4902 regularly scheduled cycle following the receipt of written notice from the Agreement Administrator 4903 to resume service.
4904 13. Revised Maps. Contractor shall revise the storm drain cleaning service maps to show the 4905 addition or deletion of City storm drains as provided above and shall provide such revised maps 4906 to the Agreement Administrator upon request, within ninety (90) days from receipt of written 4907 notice. The maps shall be provided in a pdf format. 4908 14. Hazardous Waste. Contractor shall not be required to remove any Hazardous Waste from the 4909 storm drain. If, while performing cleaning services, any suspected Hazardous Waste is 4910 encountered, Contractor shall immediately report the location to the Agreement Administrator, 4911 and any other responsible agency.
4912 15. Disposal of Waste. Contractor shall transport and deliver all waste to designated facility for 4913 proper processing that meets MS4 Permit requirements. In the event the facility is closed on a 4914 workday or is otherwise unable to accept the waste, Contractor shall transport and deliver the 4915 waste to another legally permitted facility. Storm drain waste Disposal shall not be calculated as 4916 part of the annual diversion rate but must be electronically documented in tons/pounds of waste collected/disposed and provide this data to the City annually by Jan 31st 4917 for annual NPDES 4918 reporting purposes. The electronic reporting format shall be agreed upon between the City and 4919 Contractor but must include at a minimum the storm drain identification number, date of cleaning 4920 for each storm drain, photo verification of before and after conditions (including manhole lid 4921 properly secured), and general notes or comments about issues observed (if any). The City 4922 reserves the right to have Contractor utilize the City’s work order system to document 4923 maintenance of storm drain cleaning.
Final Agreement 3/6/2024 Page 167 of 168
4924 16. Spillage. During hauling, all waste shall be contained, covered and enclosed so that leaking, 4925 spilling and blowing of the waste is prevented. Contractor shall be responsible for the immediate 4926 clean-up of any spillage caused by Contractor.
4927 Equipment oil, hydraulic fluids, or any other liquid or debris resulting from Contractor’s operations 4928 or equipment must be covered immediately with an absorptive material and removed from the 4929 street surface. Contractor must notify City within two (2) hours of any spills resulting from 4930 Contractor’s operations or equipment. When necessary, Contractor must apply a suitable 4931 cleaning agent to the street surface to provide adequate cleaning. 4932 The above paragraphs notwithstanding, Contractor must clean up any spillage caused by 4933 Contractor within two (2) hours upon notice from the City. If City deems necessary, Contractor 4934 must engage third-party environmental clean-up specialist to remove any equipment oil, hydraulic 4935 fluids, or any other liquid or debris that remains on street after Contractor’s own clean-up efforts. 4936 If clean-up is not conducted to satisfaction of City, City has right to engage environmental clean4937 up specialist to perform additional clean-up work at the expense of Contractor. 4938 To facilitate such cleanup, Contractor’s vehicles must at all times carry sufficient quantities of 4939 petroleum absorbent materials along with a broom and shovel. 4940 17. Other City Cleaning Service. If during the Term, circumstances exist that require work 4941 associated with the storm drain cleaning service program that is not specifically provided for in 4942 this Agreement, the Agreement Administrator may require Contractor to perform such other 4943 associated work (“OAW”). Any changes under this section shall be treated as City-directed 4944 changes under Section 31.01.
4945 When Contractor performs OAW, the labor, materials, and equipment used in the performance of 4946 such work shall be subject to the prior written approval of the Agreement Administrator. 4947 Examples of OAW that Contractor may be required to perform include: performance of special 4948 cleaning, flood clean-up, City requested clean-up services, and any contingency where 4949 vactor/vacuum equipment could assist in a particular instance. 4950 18. Quality of Work. The standards of performance which Contractor is obligated to meet are those 4951 good storm drain cleaning practices which leave the service area in a debris and dirt-free 4952 condition and using sufficient water to avoid airborne dust arising from equipment operation. 4953 19. Storm Drain Cleaning Equipment.
4954 General Provisions. All storm drain cleaning service equipment used by Contractor in the 4955 performance of services under this Agreement shall be of a high quality and of the vactor/vacuum 4956 type in conformance with the City’s MS4 Permit. The collection vehicles shall be designed and 4957 operated to prevent collected materials from escaping from the collection vehicles. All vehicles 4958 shall have an operational strobe and back-up alarm and shall conform to all Federal, State and 4959 local government safety requirements.
4960 Clean Air Collection Vehicles. During the Term, to the extent required by law, Contractor shall 4961 provide its vehicles to be in full compliance with all Applicable Laws, including State and federal 4962 clean air requirements that are adopted or proposed to be adopted, including, but not limited to, 4963 the California Air Resources Board Heavy Duty Engine Standards as currently proposed to be 4964 contained in California Code of Regulations, title 13, sections 2020 et seq., the Federal EPA’s 4965 Highway Diesel Fuel Sulfur regulations and all other applicable air pollution control laws. 4966 Vehicle Noise Level. All cleaning operations shall be conducted as quietly as possible and must 4967 comply with Applicable Laws, including federal EPA noise emission regulations, currently codified 4968 at Code of Federal Regulations, Title 40, Part 205. 4969 Condition of Equipment. All equipment shall be maintained in good mechanical condition. 4970 Contractor shall immediately clean any vehicle fluids (hydraulic fluids, lubricating oils, etc.) that 4971 leak or spill from equipment into the street or public right of way.
Final Agreement 3/6/2024 Page 168 of 168
4972 Storage. Cleaning equipment shall not be stored in the public right of way unless mechanical 4973 failure prevents immediate removal. In the event of mechanical failure, all efforts must be made to 4974 remove the equipment from the public right of way as soon as possible. The City must approve 4975 any overnight storage in public right of way.
4976 City inspection. All equipment is subject to inspection by the City at any time. 4977 20. Staffing. All vactor/vacuum operators shall abide by the requirements set forth in this Agreement. 4978 21. Communication. Contractor shall have direct communication with all operators in the field 4979 utilizing radios or cellular telephones. Each operator shall have the ability to communicate verbal 4980 information immediately to City staff, Police and Fire Department personnel, residents, and to 4981 report any urgent conditions to the City.
4982 22. Deficiencies and Corrections. The City may also make unannounced inspections of storm drain 4983 cleaned and if a cleaned area is deemed to be below acceptable performance standards, the 4984 substandard section shall be re-cleaned within one (1) workday of notification. Contractor shall 4985 re-clean at their own expense. The City shall be notified of the completed re-cleaning. 4986 23. City MS4 Permit. Contractor shall meet cleaning requirements included in the City’s current 4987 Stormwater Discharge Permit as it may be amended, revised, or reissued from time to time (“MS4 4988 Permit”).
City Council
STAFF REPORT
Date: March 6, 2024 Agenda Item:
6.A.
To: Honorable Mayor and City Council Members
From: Alma Robles, Community Development Director
Prepared By: Vince Acuna, Senior Planner
Department: Planning
SUBJECT:
Zone Code Amendment 2024-01 (City of Norco): A City initiated amendment to Title 18, Section 18.30.46 – Accessory Dwelling Units and Junior Accessory Dwelling Units, updating provisions related to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to comply with state ADU Law.
RECOMMENDATION:
Adopt Ordinance No. 1111, approving Zone Code Amendment 2024-01.
SUMMARY:
Zone Code Amendment 2024-01 is a city-initiated amendment updating provisions related to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to comply with State ADU Law.
BACKGROUND:
The California Department of Housing and Community Development (HCD) reviewed Norco’s ADU ordinance and provided a letter to the City of Norco on October 3, 2023, stating that although the City’s ordinance meets many of the state’s statuary requirements, it does not fully comply with state ADU law (Exhibit A). The HCD letter requested that the City take action to amend its ADU ordinance in order to comply with all provisions of state ADU law.
Below are the five proposed changes to Title 18, Section 18.30.46 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of the Norco Municipal Code (NMC), to comply with state ADU law:
Separate Sale: The NMC currently prohibits the separate sale of ADUs/JADUs with no exceptions. However, California Government Code section 65852.26 provides a narrow exception allowing the separate sale of an ADU to a qualified buyer if the property was built or developed by a qualified nonprofit corporation or needs to be preserved as
affordable housing for a certain number of years. NMC Section 18.30.46(C) is proposed to be amended to meet this state requirement (change/additions is red):
C. Occupancy. Except as otherwise provided by law, accessory dwelling units and junior accessory dwelling units may be rented separate from the primary residence for a minimum period of 30 days., but Furthermore, accessory dwelling units and junior accessory dwelling units may not be sold or otherwise conveyed separate from the primary residence, except as provided by Government Code Section 65852.26.
Bedrooms: The NMC currently restricts an attached ADU to 2 bedrooms, provided that they meet a certain size criteria. However, California Government Code section 65852.2 allows for an ADU to have more than 2 bedrooms. NMC Section 18.30.46 (E)(1)(a) is proposed to be amended to meet this state requirement (change/additions is red):
a. Attached Accessory Dwelling Units. Maximum floor area for an accessory dwelling unit shall be the higher of: with zero to one bedroom, 850 square feet; two or more bedrooms, 1,000 square feet. If the accessory unit is created from converting existing space in the primary accessory structure, there is no size limitation.
Number of Accessory Dwellings Per Lot: The NMC currently allows one ADU and one JADU per single-family lot. However, California Government Code section 65852.2 permits a homeowner who meets certain requirements to create one converted ADU; one detached, new construction ADU; and one JADU. NMC Section 18.30.46(E)(5)(a) is proposed to be amended as follows in order meet this state requirement (change/additions is red):
a. For lots with proposed or existing single-family residence: one accessory dwelling unit provided the lot contains no other accessory dwelling unit. The lot may contain one junior accessory dwelling unit in addition to an accessory dwelling unit. a. For lots with proposed or existing single-family residence, one of each of the following:
i. one new construction detached accessory dwelling unit or one new construction accessory dwelling unit attached to the main residence, ii. one junior accessory dwelling unit, and
iii. one accessory dwelling unit within the proposed or existing space of a singlefamily residence, or the space of an existing detached accessory structure.
Government Code Citation: The NMC currently contains a typo when citing a California Health and Safety Code. NMC Section 18.30.46(E)(17) is proposed to be amended as follows to correct this typo: (change/additions is red):
17. Subject to the requirements of Health and Safety Code Section 17980.12 17890.12 this section shall not validate any existing illegal unit.
JADU Entry: The NMC currently requires a separate, interior entry into the primary dwelling’s main living area for all JADUs. However, Government Code section 65852.22(a)(5)(B), requires a separate interior entry (independent from an exterior entrance) only if the JADU shares a bathroom with the primary residence. NMC Section
18.30.46(F)(6) is proposed to be amended as follows in order meet this state requirement (change/additions is red):
6. Location of Junior Accessory Dwelling Unit. A junior accessory dwelling unit shall be entirely within a single-family residence. If the junior accessory dwelling unit shares a bathroom with the main residence, a junior accessory dwelling unit shall have an interior entry to the primary dwelling’s main living area shall be required, independent of an exterior entrance of the junior accessory and primary dwelling.
IMPACT ANALYSIS PER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA): In accordance with the California Environmental Quality Act (“CEQA”), the proposed Zone Code Amendment has been deemed exempt from environmental review as there is no possibility that the proposed changes would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). It can be seen with certainty that there is no possibility that the adoption and implementation of the subject amendment will have a significant effect on the environment. Staff is recommending that a Notice of Exemption be prepared and be filed in accordance with CEQA Guidelines.
PLANNING COMMISSION INPUT: The proposed Zone Code Amendment was brought before the Planning Commission during its regular meeting on February 14, 2024. The Planning Commission voted unanimously to adopt Resolution 2024-02, recommending that the City Council approve the proposed Zone Code Amendment in compliance with state ADU law.
FISCAL IMPACT:
Not applicable for this item.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Plan Direction No. 3 - Economic Development and Financial Stability: Assure financial stability by expanding development efforts, diversifying revenue sources and continuing prudent financial management.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLC, City Attorney ATTACHMENT(S):
Exhbiit A - HCD Letter dated October 3, 2023
CC Ordinance 1111 for Zone Code Amendment 2024-01
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
October 3, 2023
Alma Robles, Director of Community Development
Planning Department
City of Norco
2870 Clark Ave
Norco, CA 92860
Dear Alma Robles:
RE: Review of Norco’s Accessory Dwelling Unit (ADU) Ordinance under State ADU Law (Gov. Code, § 65852.2)
Thank you for submitting the City of Norco (City) accessory dwelling unit (ADU) Ordinance No. 1093 (Ordinance), adopted February 15, 2023, to the California Department of Housing and Community Development (HCD). HCD has reviewed the Ordinance and submits these written findings pursuant to Government Code section 65852.2, subdivision (h). HCD finds that the Ordinance does not comply with section 65852.2 in the manner noted below. Under that statute, the City has up to 30 days to respond to these findings. Accordingly, the City must provide a written response to these findings no later than November 2, 2023.
The Ordinance addresses many statutory requirements; however, HCD finds that the Ordinance does not comply with State ADU Law in the following respects:
• 18.30.46 (C) – Separate Sale – The Ordinance states, “Except as otherwise provided by law, accessory dwelling units and junior accessory dwelling units …may not be sold or otherwise conveyed separate from the primary residence.” However, Government Code section 65852.26 provides a narrow exception for separate sale of an ADU to a qualified buyer if the property was built or developed by a qualified nonprofit corporation, among other things. The City should amend the Ordinance accordingly.
• 18.30.46 (E)(1)(a) – Bedrooms – The Ordinance creates maximum sizes for attached ADUs “with zero to one bedroom, 850 square feet; two bedrooms, 1,000 square feet.” Government Code section 65852.2 states that a local agency may set a maximum square footage of not less than “1,000 square feet for an accessory dwelling unit that provides more than one bedroom.” Thus, the statute allows for an ADU to have more than two bedrooms ADU. The City must amend the Ordinance to clarify that an ADU with “more than one bedroom” is allowed.
Alma Robles, Director of Community Development
• 18.30.46 (E)(5) – Number of Units – The Ordinance allows “[f]or lots with proposed or existing single-family residence: one accessory dwelling unit provided the lot contains no other accessory dwelling unit. The lot may contain one junior accessory dwelling unit in addition to the accessory dwelling unit.” The Ordinance allows for a maximum of one ADU and one junior accessory dwelling unit (JADU) on a lot with an existing or proposed single-family dwelling. The Ordinance states that multifamily dwellings may either create ADUs from existing non-livable space or build two new detached units. The Ordinance does not make both options available to the applicant.
However, Government Code section 65852.2, subdivision (e)(1), states, “Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: (A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling…(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single family dwelling or existing space of a single-family dwelling or accessory structure.” Subparagraph (B) permits “[o]ne detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks.” The use of the term “any” followed by an enumeration of by right ADU types permitted indicate that any of these ADU types can be combined on a lot zoned for single-family dwellings.
This permits a homeowner, who meets specified requirements, to create one converted ADU; one detached, new construction ADU; and one JADU. Thus, if the local agency approves an ADU that is created from existing (or proposed) space, and the owner subsequently applies for a detached ADU (or vice versa) that meets the size and setbacks pursuant to the subdivision, the local agency cannot deny the application, nor deny a permit for a JADU under this section.
HCD notes that the Legislature, in creating the list, did not use “or” or “one of” to indicate only one or another would be applicable to the exclusion of the other. This subdivision applies equally to ADUs created pursuant to Government Code section 65852.2, subdivisions (e)(1)(C) and (D), on lots with proposed or existing multifamily dwellings. Limiting single-family lots to one ADU would prevent property owners from creating ADUs by right under subdivision (e)(1). Therefore, the City must amend the Ordinance to comply with State ADU Law.
• 18.30.46 (E)(17) – Unknown Citation – The Ordinance states, “Subject to the requirements of the Health and Safety Code Section 17890.12, this section shall not validate any existing illegal unit.” It appears that this citation is intended to refer to section 17980.12. The City should review and cite the correct statute.
Alma Robles, Director of Community Development
• 18.30.46 (F)(6) – JADU and Entry – The Ordinance states, “A junior accessory dwelling unit shall have an interior entry to the primary dwelling's main living area, independent of an exterior entrance of the junior accessory and primary dwelling.” However, Government Code section 65852.22, subdivision (a)(5)(B), states, “If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.” The City may not require an interior entry if a JADU does not share a bathroom with the primary dwelling. Therefore, the City must amend the Ordinance to comply with State ADU Law.
In response to the findings in this letter, and pursuant to Government Code section 65852.2, subdivision (h)(2)(B), the City must either amend the Ordinance to comply with State ADU Law or adopt the Ordinance without changes. Should the City choose to adopt the Ordinance without the changes specified by HCD, the City must include findings in its resolution that explain the reasons the City finds that the Ordinance complies with State ADU Law despite the findings made by HCD. Accordingly, the City’s response should provide a plan and timeline to bring the Ordinance into compliance.
Please note that, pursuant to Government Code section 65852.2, subdivision (h)(3)(A), if the City fails to take either course of action and bring the Ordinance into compliance with State ADU Law, HCD may notify the City and the California Office of the Attorney General that the City is in violation of State ADU Law.
HCD appreciates the City’s efforts in the preparation and adoption of the Ordinance and welcomes the opportunity to assist the City in fully complying with State ADU Law.
Please contact Mike Van Gorder, of our staff, at (916) 776-7541 or at [email protected] if you have any questions or would like HCD’s technical assistance in these matters.
Sincerely,
David Zisser
Assistant Deputy Director
Local Government Relations and Accountability
ORDINANCE NO. 1111
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING ZONE CODE AMENDMENT 2024-01: A CITY INITIATED AMENDMENT TO TITLE 18, SECTION 18.30.46 – ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS,
UPDATING PROVISIONS RELATED TO ACCESSORY DWELLING UNITS (ADUS) AND JUNIOR ACCESSORY DWELLING UNITS (JADUS) TO
COMPLY WITH STATE ADU LAW.
WHEREAS, the CITY OF NORCO initiated Zone Code Amendment 2024-01, a proposal to amend Section 18.30.46 of the Norco Municipal Code Title 18 (Accessory Dwelling Units and Junior Accessory Dwelling Units); 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 February 14, 2024 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 2024-02, recommending approval of Zone Code Amendment 2024-01 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 March 6, 2024 on or about 7 p.m. in the Council Chambers at 2820 Clark Avenue, Norco, California 92860; and
WHEREAS, at the time set, the City Council held a public hearing and received both oral and written testimony pertaining to the Zone Code Amendment; and WHEREAS, the City of Norco acting as the Lead Agency has determined that this project is exempt from review under the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines (California Code of Regulations, §§ 15000 et seq.) Section 15061(b)(3), it can be seen with certainty that there is no possibility that the adoption and implementation of the subject amendment will have a significant effect on the environment.
NOW, THEREFORE, the City Council of the City of Norco does hereby make the following FINDINGS AND DETERMINATIONS:
I. FINDINGS:
Ordinance No. 1111 for Zone Code Amendment 2024-01
March 20, 2024
A. The proposed Zone Code Amendment is necessary as it updates the City’s Accessory Dwelling Unit ordinance in compliance with state law.
B. The proposed Zone Code Amendment is necessary to ensure and maintain orderly development of land uses consistent with the objectives, policies, general land uses, programs, and actions of the City of Norco General Plan. The amendments do not conflict with current General Plan policies, objectives or programs of the General Plan.
C. The proposed Zone Code Amendment will not be detrimental to the public convenience, health, safety, or general welfare of the City, as the amendments ensure that the city’s zoning code are consistent with state law thus ensuring the uniform application of the state’s Accessory Dwelling law across all eligible properties within city.
D. This project is exempt from review under the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines (California Code of Regulations, §§ 15000 et seq.) Section 15061(b)(3), as it can be seen with certainty that there is no possibility that the adoption and implementation of the subject amendments will have a significant effect on the environment.
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, Section 18.30.46 (Accessory Dwelling Units and Junior Accessory Dwelling Units) is hereby amendment to read as follows:
Section 18.30.46(C):
C. Occupancy. Except as otherwise provided by law, accessory dwelling units and junior accessory dwelling units may be rented separate from the primary residence for a minimum period of 30 days. Furthermore, accessory dwelling units and junior accessory dwelling units may not be sold or otherwise conveyed separate from the primary residence, except as provided by Government Code Section 65852.26.
Ordinance No. 1111 for Zone Code Amendment 2024-01
March 20, 2024
Section 18.30.46 (E)(1)(a):
a. Attached Accessory Dwelling Units. Maximum floor area for an accessory dwelling unit shall be the higher of: with zero to one bedroom, 850 square feet; two or more bedrooms, 1,000 square feet. If the accessory unit is created from converting existing space in the primary accessory structure, there is no size limitation.
Section 18.30.46(E)(5)(a):
a. For lots with proposed or existing single-family residence, one of each of the following:
i. one new construction detached accessory dwelling unit or one new construction accessory dwelling unit attached to the main residence, ii. one junior accessory dwelling unit, and
iii. one accessory dwelling unit within the proposed or existing space of a singlefamily residence, or the space of an existing detached accessory structure.
Section 18.30.46(E)(17):
17. Subject to the requirements of Health and Safety Code Section 17980.12, this section shall not validate any existing illegal unit.
Section 18.30.46(F)(6):
6. Location of Junior Accessory Dwelling Unit. A junior accessory dwelling unit shall be entirely within a single-family residence. If the junior accessory dwelling unit shares a bathroom with the main residence, an interior entry to the primary dwelling’s main living area shall be required, independent of an exterior entrance of the junior accessory and primary dwelling.
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.
Ordinance No. 1111 for Zone Code Amendment 2024-01
March 20, 2024
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 March 20, 2024.
__________________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Ordinance No. 1111 for Zone Code Amendment 2024-01
March 20, 2024
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 March 6, 2024, and thereafter at a regular meeting of said City Council duly held March 20, 2024, it was duly passed and adopted by the following 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 March 20, 2024.
________________________
Dana Roa, CMC, City Clerk
City of Norco, California