Chapter 18.30
GENERAL PROVISIONS--MISCELLANEOUS
Sections:
18.30.04 Conflicting Regulations.
18.30.08 Enumeration and Authorization of Uses.
18.30.10 Additional Permitted Uses.
18.30.12 Location of Dwellings and Street Access.
18.30.22 Access Where Two Zones or More Are on One Lot.
18.30.30 Tolling of Procedural Time Limitations for Action.
18.30.32 Vehicles as Residential Structures.
18.30.34 Mobile Homes Permitted in Agricultural and Residential Zones.
18.30.35 Mobile Home, Temporary Use for the Elderly.
18.30.36 Factory-built Housing.
18.30.40 Adult Entertainment Establishments - Deleted.
18.30.42 Senior Citizen Housing.
18.30.46 Accessory Dwelling Units and Junior Accessory Dwelling Units.
18.30.47 Requirements for Model Home Sales Complexes.
18.30.48 Residential Lighting Standards.
18.30.02 Intent and Purpose.
This Chapter is intended to set forth those provisions of a general nature which apply to uses in all zone classifications. It shall also be the purpose of this part to set forth standards and conditions which shall apply to various uses and terms wherever found in this Ordinance.
18.30.04 Conflicting Regulations.
Wherever any provisions of this Ordinance impose more stringent requirements, regulations, restrictions, or limitations than are imposed or required by the provisions of any other law, ordinance, restriction, or covenant, then the provisions of this Ordinance shall govern.
18.30.06 Scope.
No building, or part thereof, shall hereafter be erected, altered, or used, and no parcel of land shall be used, except in conformity with the provisions of this ordinance.
18.30.08 Enumeration and Authorization of Uses.
The express enumeration and authorization in this Ordinance of a particular class of building, structure, or use in a designated zone shall be deemed a prohibition of such building, structure, or use in all other zones, except as otherwise specified.
18.30.10 Additional Permitted Uses.
(1) Uses other than those specifically mentioned in this Ordinance as uses permitted in each of the zones may be permitted therein provided such uses are similar to those mentioned and are, in the opinion of the City Planning Commission, as evidenced by resolution of record, not more obnoxious or detrimental to the welfare of the community than the permitted uses, specifically mentioned in any zone. The requirements of Chapter 18.42 (SIMILAR USES) shall govern this procedure.
(2) The Planning Department shall maintain a permanent list of additional permitted uses, together with the date of determination and the resolution number.
(3) The Planning Commission shall not, under the provisions of this sub-section, authorize a use or activity which is expressly authorized in a more intense zone to which the property could be reclassified. The express enumeration of permitted uses in all districts shall be construed to include necessary accessory uses.
(4) The express enumeration of permitted uses in all districts shall be construed to include necessary accessory uses.
18.30.12 Location of Dwellings and Street Access.
Except where otherwise provided for in this Ordinance, every dwelling shall face or front upon a street or permanent means of access to a street, and in no event shall the access to any dwelling be only from an alley.
18.30.16 Lots Recorded.
Any lot shown upon an official subdivision map or parcel map duly approved and recorded, or any nonconforming lot for which a bona fide deed has been duly recorded prior to the effective date of the Ordinance rendering said lot non-conforming, may be used as a building site; provided, however, that all development standards of this ordinance shall apply thereto.
18.30.18 Computation of Lot Area, Width, Frontage, Depth of a Lot Fronting on a Public Street or Private Street.
(1) Lot Configuration: Each proposed lot shall wholly contain within its perimeter a rectangle whose dimensions consist of the minimum lot width and lot depth required within the base zone district except as otherwise provided.
(2) Lot Area, Depth, Width and Frontage Calculation--Exclusions: Notwithstanding anything to the contrary in this Ordinance, the required lot area, depth, width and frontage of any lot in any zone of City shall be determined by excluding therefrom any portion of such lot which is subject to an easement or easements for ingress and egress to particular property, or an easement for street purposes, including vehicular and pedestrian rights of way or an easement for equestrian right-of-way purposes, irrespective of whether said easements are for public or private purposes and whether created by dedication, prescription, or written conveyance by deed or otherwise.
Notwithstanding the provisions hereof, any lot or frontage where an easement for equestrian right-of-way purposes existed, and said lot or frontage was legally conforming to applicable laws and ordinances of the City prior to the adoption of this Section, and which would become legally nonconforming if said easement were excluded in computing the lot or frontage, said lot shall continue as a legally conforming lot or frontage and said easement shall not be excluded therefrom in computing the area and/or frontage thereof. (Amended by Ord. 546 Sec. 1, 1985: Ord. 367 Sec. 1, 1976)
18.30.20 RESERVED
18.30.22 Access Where Two Zones or More Are on One Lot.
Where any parcel in the same ownership contains two different zones, nothing herein shall be construed to prevent access to a public right-of-way, regardless of the uses permitted in this zoned area used for access. Access for the purpose of the section means the right to transport materials, products, and persons necessary to the use conducted over a defined right-of-way.
18.30.24 Access to Lots.
Vehicle access to lots shall be provided in accordance with the provisions of Section 17.12.060 of the Norco Municipal Code. (Ord. 584 Sec. 1(Exh. I Sec. 2), 1988)
18.30.30 Tolling of Procedural Time Limitations for Action.
Notwithstanding any procedural time limitations for zoning actions, as provided in Title 18 of the Norco Municipal Code, including but not limited to Chapter 18.43 thereof, or any other provision of said Code, as to the initiation of or applications for changes of zone, conditional use permits, variances, zone text amendments, similar use findings or any other project, said time limitations shall be tolled and suspended from the date of their commencement until all the objectives, criteria and procedures as provided in City’s Resolution 74-9 and any amendments thereto have been met and completed, including the preparation and certification of Environmental Impact Reports, if required. Upon the tolling and suspension of said time limitations, the time shall not resume to run until the environmental evaluation has been completed. (Ord. 300 Sec. 1, 1974)
18.30.32 Vehicles as Residential Structures.
(1) For the purpose of this ordinance, a mobile home, recreational vehicle, or commercial coach shall not be deemed to be a structure suitable for residential use. It shall be unlawful to use such vehicles for residential purposes, except when said vehicle is located in a designated Mobile Home Park, or as permitted pursuant to Sections 18.30.34 and 18.30.35. (Amended by Ord. 544 Sec. 1, 1985)
(2) A mobile home, recreational vehicle, or commercial coach may be used as temporary structures for the housing of tools, equipment, or containing supervisory offices in connection with construction, construction projects, or for educational displays or demonstrations. These vehicles may be established and maintained during the progress of such construction or such project, and shall be abated within 60 days after completion, or 60 days after cessation of work. (Added by Ord. 471 Sec. 10, 1982)
18.30.34 Mobile Homes Permitted in Agricultural and Residential Zones.
(1) ELIGIBILITY A mobile home may be installed on lots in agriculture or residential zones if it meets the following conditions:
(a) The mobile home shall be certified under the National Mobile Home Construction and Safety Standard Act of 1974 (42 U.S.C., Section 5401 et seq.) and shall bear a California insignia or Federal label as required by Section 18550 (b) of the Health and Safety Code.
(b) The mobile home has not been altered in violation of applicable codes.
(c) The mobile home is to be secured to a foundation system in compliance with all applicable building regulations, and Section 18551 of the Health and Safety Code.
(d) The mobile home shall meet minimum floor area of the zone. Porches, garages, patios and similar features, whether attached or detached, shall not be included when calculating the minimum floor area.
(e) The mobile home shall have a roof overhang of not less than 18 inches unless it is determined that it is not compatible to the neighborhood in which the mobile home is being located.
(f) The mobile home shall have roofing material and siding material that is compatible with the neighborhood in which the mobile home is to be located.
(g) The mobile home shall be used only as a single-family residential use and shall comply with all requirements of the zone in which it is located.
(h) No mobile home shall be permitted on a lot that is within 800 feet of a lot that is on the same street containing a mobile home permitted by this same section.
(2) APPLICATIONS Applications to install a mobile home shall be made to the Director of Community Development, including the following:
(a) Name and address of the applicant and all owners of the subject property, including evidence that all owners agree to the application.
(b) Location or address legal description and zoning of property on which the mobile home is to be located.
(c) A site plan of the entire property showing location of mobile home and all accessory buildings, including all dimensions and setbacks.
(d) Certification that the mobile home complies with the National Mobile Home Construction and Safety Standards Act of 1974.
(e) Photographs that show the mobile home in sufficient detail with regard to siding material, roof overhang and roof materials.
(f) Photographs that depict the type of structures, siding and roofing materials and roof overhang of structures in the neighborhood in which the mobile home is to be located.
(3) PROCESSING OF APPLICATIONS Within 10 days following the acceptance of an application as being complete, the Director of Community Development shall determine whether the request meets all of the requirements of this ordinance and shall determine if the roof overhang, roofing and siding materials and automobile enclosure is compatible with the neighborhood. Upon approval of the application, the Director of Community Development shall forward the original thereof to the Building Department, file one copy to the applicant, who shall then obtain all necessary installation and construction permits from the Building Department. If the Community Development Director is unable to approve the application, it shall be returned to the applicant, along with a statement of the reasons therefore.
(4) APPEAL If the Director of Community Development does not approve the application, or requires conditions which the applicant believes are not necessary to achieve compatibility with the neighborhood, the action may be appealed to the City Council within 15 days following the mailing of the final decision by the Director of Community Development by filing a letter with the City Clerk stating the reasons why the applicant believes the action to be improper. The City Clerk shall cause the appeal to be set for hearing at a regular meeting of the Council, held not less than 13 nor more than 30 days after receiving the appeal and shall mail or deliver written notice of the hearing to the Director of Community Development and to the applicant or permittee at least 10 days before the hearing. At the conclusion of the hearing or any continuance thereof, the City Council shall finally decide the matter.
(5) SURRENDER OF REGISTRATION Subsequent to applying for the required building permits, and prior to occupancy, the owner shall request a certification from the Building Department that a Certificate of Occupancy be issued pursuant to Section 18551 (b) (2) of the California Health and Safety Code. Thereafter, any vehicle license plate, certificate of registration issued by a State agency is to be surrendered to the appropriate State agencies. Any mobile home which is permanently attached with underpinning or foundation to the ground must bear a California insignia or Federal label, pursuant to Section 18550 (b) of the Health and Safety Code.
(6) EFFECTS ON CONVERSION: A mobile home which is placed on a foundation system pursuant to this ordinance shall be deemed to be a mobile home and subject to local property taxation pursuant to Section 18551 of the Health and Safety Code and Section 5800 of the
Revenue and Taxation Code. (Ord. 783, Sec. 35, 2001)
(7) INSTALLATION Prior to installation of a mobile home, the mobile home owner or a licensed contractor shall obtain a building permit from the Department of Building and Safety. To obtain such a permit, the owner or contractor shall comply with all requirements of Section 18551 (a) of the State Health and Safety Code. (Added by Ord. 471 Sec. 11, 1982)
18.30.35 Mobile Home, Temporary Use for the Elderly.
This section applies only to temporary mobile homes for the elderly approved under the provision of this section and in existence prior to the effective date of Ordinance 1082, approving Zone Code Amendment 2022-01. New temporary mobile homes for the elderly after the effective date of Ordinance 1082 are prohibited. An existing temporary mobile home for the elderly is not in addition to the provisions of the Accessory Dwelling Unit Ordinance, in Section 18.30.46. A temporary mobile home must comply with Section 18.30.45 for conversion to an ADU or be removed if a separate ADU is installed/constructed.
Any existing temporary mobile home for the elderly approved under a conditional use permit is allowed to continue and modifications are permitted, provided the following is met:
A. The mobile home is for the exclusive use of a maximum of two aged family members of the owner occupant of a main use dwelling on the same property.
B. At least one of two occupants allowed in the mobile home shall be 62 years of age and the applicant shall continue to demonstrate the need for the family member’s care.
C. The existing conditional use permit was granted for a maximum one-year period and may be extended on a year-to-year basis. The Planning Commission may, if deemed necessary, call for a public hearing prior to approving any extension.
D. The minimum lot size for lots eligible for temporary mobile homes shall continue to be 20,000 square feet.
E. The mobile home shall continue to be placed to the rear of the main dwelling. Modifying the location of a temporary mobile home on a property requires a modification to the approved conditional use permit.
F. The mobile home shall be constructed either after September 15, 1971, and be issued an insignia of approval by the California Department of Housing and Community Development or be constructed after July 1, 1976, and be issued an insignia of approval by the U.S. Department of Housing and Urban Development. In addition the applicant shall provide a State inspection certificate that the mobile home meets all code requirements at the time the conditional use permit is granted. Mobile units constructed prior to these dates may be permitted; provided, that the unit is certified by the State inspector that it meets all current code.
G. The floor area of the mobile home shall not be less than 350 square feet nor larger than 900 square feet. Modifying the size of an approved temporary mobile home requires a modification to the approved conditional use permit.
H. The temporary mobile home shall be connected to the City sewer system. If sewer service does not exist, the mobile home shall be connected to the existing septic system or a separate septic system if it is not practical to hook up to the existing system. A cash bond shall be deposited for the removal of any required new septic system for the mobile home.
I. Home occupation shall not be permitted from the mobile home.
J. The mobile home, although temporary, shall be secured to withstand wind loads in accordance with the Uniform Building Code calculations but not be placed on a permanent foundation. In addition, all utility connections serving the unit shall meet applicable building codes.
K. Notwithstanding Chapter 18.44 there shall be no zone code variance granted to the regulations contained herein. (Ord. 1082 Sec. 1, 2022; added by Ord. 544 Sec. 2, 1985)
18.30.36 Factory-built Housing.
Factory-built housing shall be permitted in all zones permitting residential uses providing the following is met:
(1) Approval shall be obtained from the City Engineer and Fire Chief for the route and time that the structure or components thereof are to be transported upon City streets. The delivery and unloading of the structure or components thereof shall not block a City Street or cause rerouting of traffic. (Amended by Ord. 482 Sec. 1 (part), 1983)
(2) All units of a factory-built house shall bear an insignia of approval issued by the Department of Housing and Community Development of the State of California.
(3) Factory-built housing units shall not in any way be modified prior to installation unless approval is first obtained from the Department of Housing and Community Development of the State of California.
(4) No factory-built housing shall be in any way modified during installation unless approval for such modification is first obtained from the City Building Official. (Added by Ord. 471 Sec. 12, 1982)
18.30.38 Commercial Coaches.
Commercial coaches are permitted as main structures in all commercial and industrial zones and permitted as accessory structures in all residential and agricultural zones providing the following is met:
(1) A moving permit is obtained pursuant to Chapter 10.18 of the Norco Municipal Code (Amended by Ord. 482 Sec. 1 (part), 1983);
(2) The commercial coach is placed on permanent foundation meeting all City building regulations; and
(3) The commercial coach meets all current building codes at time of issuance of permit. (Added by Ord. 471 Sec. 13, 1982)
18.30.40 Adult Entertainment Establishments - Deleted.
(Deleted by Ord. 815, 2003; Ord. 479 Sec. 1, 1983)
18.30.42 Senior Citizen Housing.
(1) Intent and Purpose. These regulations are intended to provide uniform criteria and standards for the development and operation of senior citizen housing projects, and to assure the long-term availability and affordability of said units which due to the special needs of its residents, merit unique design and locational considerations. Because of these special needs, senior citizens housing is considered a unique use subject to special provisions, provided the housing remains consistent with the rural atmosphere of the community. The number of dwelling units and location of senior citizen housing shall be guided by the policies adopted within the General Plan Housing Element. Further, the number of dwelling units approved during any one year shall be based upon the yearly commitments within the Housing Element.
(2) Applicability. The standards established in this section shall govern the development of senior citizen housing within any zone of the City and location the Planning Commission by resolution has deemed appropriate.
(3) Minimum Development Standards. Senior citizen housing developments constructed under the privileges of this ordinance shall generally meet the development standards as are required within the zone. However, recognizing a lower intensity of development that found in typical developments, the following incentive standards are enacted. These incentive standards are set as absolute minimums. In its review of the required Conditional Use Permit, the City may require more stringent standards than these dependent upon the quality, size, nature, and scope of the project proposed and in order to protect the health, safety, and welfare of the project’s residents and surrounding community. The ultimate project design should result in a senior development no more intensive or impact producing than the surrounding and/or adjacent developments.
(a) Density. The number of dwelling units in any one senior citizen housing complex shall be compatible with existing and planned development in the area it is located in as determined by the Planning Commission.
(b) Lot Size. The minimum lot size per project shall be 40,000 square feet.
(c) Yard Spaces. Notwithstanding zone district requirements, the Planning Commission may reduce yard space requirements provided that such reduction will not adversely affect adjacent properties.
(d) Parking On-site. Parking shall be provided at a ratio of not less than 0.75 parking spaces per dwelling unit. Two of these parking spaces shall be designated for the manager’s unit. Not less than 10% of the total number of required parking spaces shall be designed and designated as handicapped spaces. Included within the total number of required parking spaces, one handicapped passenger loading space measuring at least 20 feet by 10 feet shall be designed and designated for every 25 dwelling units or for every 5,000 square feet of area designated for multi-tenancy use. The Planning Commission may require additional spaces if it is found that because of design, multi-tenancy rooms there could be additional tenants thereby increasing the parking demand.
(e) Common Activity Areas. There shall be a ratio of at least 20 square feet of indoor and 30 square feet of outdoor common activity area for each unit or for every 200 square feet within rooms designated for multi-tenancy.
(f) Dwelling Unit Size. Each dwelling unit shall have at least one bedroom and contain 400 square feet of habitable floor area, plus at least 100 square feet additional floor area for each additional bedroom.
(g) Other. All other development requirements such as landscaping, trash enclosures, driveway locations, handicapped accessibility, shall be determined by the Planning Commission. (Amended by Ord. 555 Sec. 1, 1985)
(h) Minimum Tenant Age. The minimum age of any senior citizen that is a tenant of a senior housing project shall be fifty-five years. This age restriction shall not apply to a spouse or a legally appointed guardian of a senior tenant.
(4) Plan Approval. The provisions of Chapter 18.45 (Conditional Use Permit) and Chapter 18.41 (Architectural Review) shall apply.
(5) Covenants, Conditions, and Restrictions (CC&Rs). In order to ensure the necessary compliance with the provisions of this ordinance, and in order to ensure the proper maintenance of developments constructed under these privileges, covenants, conditions and restrictions shall be required prior to development construction. Said CC&Rs shall make provision for enforcing age limitations, relocation when household survivor is not a senior citizen, maximum occupancy limitations, long term project maintenance and repair, and shall make the City a part to such with regard to enforcement, right-of-entry, and enforcement of local traffic/parking regulations.
No such CC&Rs shall be acceptable until approved by the City Council as to suitability for the proposed use and maintenance, and the City Attorney as to legal form and effect. Such CC&Rs shall be recorded with the County Clerk’s Office, either separately or with subdivision map, prior to issuance of building permit.
(6) Annual Review. It shall be the responsibility of the owner and/or lessor of this development to submit to the City of Norco on an annual basis, a statement of proof that units are occupied by at least one member who is a senior citizen, or the unit is occupied by the manager.
(7) Fees. Processing, building and development fees may be reduced to encourage the construction of senior citizen housing by City Council resolution. (Added by Ord. 509 Sec. 2, 1984; amended by Ord. 757 § 2, 2000)
18.30.44 Mini-warehouses.
(1) Intent and Purpose: In order to assure that mini-warehouses are compatible with adjacent land uses and that the public’s health and welfare is protected, the following use limitations and development standards are necessary.
(2) Development Requirements: Mini-warehouses shall only be established and maintained provided the standards contained in this section are met in addition to those standards of the base zone. A Site Plan adopted per Chapter 18.40, Site Plan Review, shall be required for the construction and/or occupancy of a mini-warehouse. The Site Plan shall contain provisions meeting the following:
(a) The site shall have a minimum net area of 40,000 square feet.
(b) A dwelling, where used by a proprietor, manager, or custodian of the mini-warehouse, may be erected in conjunction with this use. However, said dwelling shall be an integral part of the mini-warehouse, and may not be a separate structure.
(c) A minimum of four parking spaces outside the secured storage area shall be provided for office and visitor use and two additional spaces shall be located within a garage for use by the resident. Additional parking may be required if the intensity of the use warrants additional parking to reduce potential congestion.
(d) Other site development requirements may be established by special conditions of approval.
(3) Prohibited Materials: The following materials are prohibited in mini-warehouses:
(a) Bulk storage of flammable, explosive, dangerous and/or hazardous materials;
(b) Storage of matter or material which creates obnoxious dust, odor, or fumes.
(c) Outside Storage: Outside storage may be permitted if determined to be compatible with adjacent land uses and is properly situated and screened from public view and adjacent land uses. (Added by Ord. 528 Sec. 7, 1984)
18.30.46 Accessory Dwelling Units and Junior Accessory Dwelling Units.
A. Intent and Purpose. This section is intended to provide for the creation of accessory dwelling units and junior accessory dwelling units as accessory uses to existing single-family dwellings that meet the intent of State regulations regarding accessory dwelling units while maintaining the rural and low-density character of Norco’s residential neighborhoods and that such dwelling units do not adversely impact surrounding residents or the community. This section is intended to retain the maximum ability of the City to regulate accessory dwelling units and to comply with the requirements of State law.
B. Definition. For the purposes of this section the following definitions shall apply:
1. “Accessory dwelling unit (ADU)” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes an “efficiency unit” and a manufactured home as defined in Section 18007 of the State Health and Safety Code.
2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
3. “Efficiency unit” means a unit for occupancy by no more than two persons which has a minimum floor area of 150 square feet, and which may also have partial kitchen or bathroom facilities.
4. “Junior accessory dwelling unit (JADU)” means a unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
5. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
6. “Neighborhood” has the same meaning as set forth in Government Code Section 65589.5.
7. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.
8. “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
9. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
10. “Public transit/transit stop” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. A public transit/transit stop does not include private rideshares and scooter (i.e., e-scooters) pick-ups and drop-offs.
11. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
C. Occupancy. Except as otherwise provided by law, accessory dwelling units and junior accessory dwelling units may be rented separate from the primary residence for a minimum period of 30 days, but may not be sold or otherwise conveyed separate from the primary residence.
D. Application Review Procedures for Accessory Dwelling Unit and Junior Accessory Dwelling Unit.
1. Accessory dwelling units and junior accessory dwelling units, where permitted, are subject to the issuance of a building permit. Any application for an accessory dwelling unit that meets the unit size standards and development standards of this section shall be approved ministerially by applying the standards herein and without a public hearing.
2. An application for an accessory dwelling unit or junior accessory dwelling unit permit shall be made by the owner of the parcel on which the primary unit sits and shall be filed on a City-approved application form (a building permit application) and subject to the established fee set by City Council resolution, as it may be amended from time to time.
3. Applications for an accessory dwelling unit or junior accessory dwelling unit shall conform to the requirements for, and shall obtain, a building permit consistent with the California Building Code.
4. An application to create or serve an accessory dwelling unit or a junior accessory dwelling unit shall either be approved or denied within 60 days from the date the City receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the application to create or serve an accessory dwelling unit is submitted in conjunction with an application to create a new single-family or multifamily dwelling unit on the lot, the City may delay approving or denying the application for the accessory dwelling unit until the City approves or denies the application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the agreed-upon delay. If the City has not approved or denied the completed application within 60 days, the application shall be deemed approved.
5. Denial of an ADU application shall be accompanied with a full set of comments listing the specific items that are defective or deficient. These comments shall also describe how the application can be remedied by the applicant. An application to create an ADU shall not be denied solely because corrections are needed to address nonconforming zoning conditions, building code violations, or unpermitted structures elsewhere on a lot that do not present a threat to public health and safety and are not affected by the construction of the ADU.
6. A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the ADU application and issued at the same time. The permit applicant shall not be required to provide a written notice or posted placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.
E. Accessory Dwelling Units—Development Requirements.
1. Unit Size Standards. All accessory dwelling units shall not exceed the size standards listed below.
a. Attached Accessory Dwelling Units. Maximum floor area for an accessory dwelling unit shall be the higher of: with zero to one bedroom, 850 square feet; two bedrooms, 1,000 square feet. If the accessory unit is created from converting existing space in the primary accessory structure, there is no size limitation.
b. Detached Accessory Dwelling Units. Not more than 1,200 square feet of living area.
2. Setback and Lot Coverage Requirements.
a. No setbacks are required for those portions of accessory dwelling units that are created by converting existing living area or existing accessory buildings to new accessory dwelling units. No setbacks are required when constructing new accessory dwelling units in the same location and to the same dimensions as an existing building.
b. For all other accessory dwelling units, there must be a minimum of four feet to side and rear lot lines.
c. The required minimum distance between a detached accessory dwelling unit and all other buildings shall be 10 feet.
d. All existing and proposed buildings including an accessory unit shall not exceed the lot coverage requirement of the underlying zone. This shall not apply to accessory dwellings of 800 square feet or less.
e. An ADU shall not be allowed in any portion of the front yard setback area but must yield to the extent necessary to enable the construction of an 800-square-foot ADU with four-foot side and rear yard setbacks.
3. The lot upon which the accessory dwelling unit shall be allowed must contain a legal single-family or multifamily residence as an existing or proposed primary unit on the lot.
4. Accessory dwelling units are accessory to the primary dwelling. For multifamily residential dwellings, the project plans and application shall clearly identify the unit the proposed accessory dwelling unit is accessory to. Detached accessory dwelling units shall be assigned an address separate from that of the primary dwelling unit.
5. Number of Accessory Dwelling Units per Lot.
a. For lots with proposed or existing single-family residence: one accessory dwelling unit provided the lot contains no other accessory dwelling unit. The lot may contain one junior accessory dwelling unit in addition to an accessory dwelling unit.
b. Except as provided in Government Code Sections 65852.2(a) and (e), for lots with existing multifamily residential dwellings: no more than 25 percent of the number of existing units, but at least one unit shall be permitted as accessory dwelling units constructed within the nonlivable space (e.g., storage rooms, boiler rooms, hallways, attics, basements or garages) of the existing multifamily building structure; provided, that applicable building codes are met; or no more than two detached accessory dwelling units; provided, that no such unit shall be more than 18 feet in height, and each such unit complies with front yard setbacks and meets rear yard and side yard setbacks of four feet. The maximum square footage of detached accessory dwelling units on lots with existing multifamily residential dwellings shall comply with the limits calculated pursuant to Section 18.17.14 (Lot Area Per Dwelling Unit). In no event shall less than 5,445 square feet of lot area per dwelling unit be provided.
6. Except as otherwise provided in this section, accessory dwelling units shall comply with all development requirements for new single-family dwelling units as specified for the land use district in which they are located, including, but not limited to, total maximum lot coverage, subject to the provisions of subsection (E)(2)(d) of this section. Setback requirements shall be per this section. Height requirements shall be per subsection (E)(14)(b) of this section. Notwithstanding such, the correction of a nonconforming zoning condition may not be required as a condition of permit approval.
7. All new accessory dwelling units must comply with California Building Code standards as adopted in Title 15 including fire sprinklers, unless not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling, provided the additional square footage of an attached ADU does not exceed the threshold to require fire sprinklers. Accessory dwelling units shall not be constructed on utility and flowage easements. Accessory dwelling units shall comply with local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this subsection shall be interpreted to prevent a local agency or the City from changing the occupancy code of a space that was inhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.
8. The accessory dwelling unit shall be provided with parking that is in addition to that required for the main dwelling. Parking for the main dwelling is pursuant to Chapter 18.38 (General Provisions—Off-Street Parking and Loading). Parking for accessory dwelling units shall be as listed below:
a. Parking spaces for an accessory dwelling unit shall be nine feet by 20 feet and are not required to be covered or within a garage.
b. The number of required spaces for the accessory dwelling unit shall be equal to one space per unit, except there is no parking requirement for an accessory dwelling unit that has no bedrooms (e.g., a studio).
c. Parking can be provided in tandem in the existing driveway of the primary dwelling provided it does not encroach onto a public trail or sidewalk and otherwise complies with City parking requirements. Parking is allowed in the required front or side yard setbacks if it is within the existing driveway of the primary dwelling unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.
d. Parking requirements will not be imposed in any of the following instances and upon verifiable proof of the applicant:
i. The accessory dwelling unit is located within one-half mile walking distance of public transit. For the purposes of this section “public transit” shall include any bus stop.
ii. The accessory dwelling unit is located within an architecturally and historically significant historic district.
iii. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. When there is a designated, fixed pick-up or drop-off location for a car share vehicle located within one block of the accessory dwelling unit.
vi. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot; provided, that the accessory dwelling unit or the parcel satisfies any other criteria listed in subsection (E)(8)(d) of this section.
e. When a garage, carport, or covered parking structure or an existing accessory dwelling is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off-street parking spaces do not have to be replaced.
9. Siting. Subject to the setback requirements of subsection (E)(2) of this section, a detached accessory dwelling unit may not be located within the area between front property line and the line parallel to, and touching, the back of the primary residence. On a corner lot the unit may not be located in the side yard adjacent to the street within the area between the street side property line and a line parallel to the most distant part of the primary dwelling. A converted accessory unit, or an accessory unit created under Government Code Section 65852.2(e)(1)(B), is not subject to the siting limitations.
10. Exterior Entrance. There shall not be more than one exterior entrance on the front or on any street side of the building and no exterior stairway shall be located on the front of the primary dwelling, where feasible.
11. Wall and/or Fence Requirement. A wall or fence meeting at least the minimum State standards shall be constructed and maintained along that portion of a side or rear yard boundary where an accessory dwelling unit is closer than five feet to the boundary, subject to the issuance of a building permit as needed.
12. Windows and doors are permitted along walls adjacent to the side or rear property lines in compliance with State standards.
13. Conversion of Existing Primary Dwelling Unit. An existing primary dwelling unit may be converted to an accessory dwelling unit if it complies with all applicable requirements of this section.
14. Objective Design Criteria. All new accessory dwelling units (not converted from an existing structure and where no change to the exterior of an existing building is needed other than windows and doors) must comply with the following design requirements:
a. The exterior materials (i.e., stucco on the main house will require a stucco exterior on the accessory dwelling unit), colors, roof pitch and architecture style shall match the primary unit.
b. The maximum height of an accessory dwelling unit shall be as follows:
i. A detached ADU shall not exceed 16 feet in height measured from finished floor to the tallest roof peak.
ii. When an ADU is located within a half-mile of a major transit stop or high-quality transit corridor, a detached ADU that is on a lot with a single-family or multifamily dwelling may be up to 18 feet in height, and the ADU may be up to two feet taller (for a maximum of 20 feet) if necessary to match the roof pitch of the ADU to that of the main house.
iii. If a detached ADU is on a lot with an existing or proposed multistory multifamily dwelling, the ADU may be up to 18 feet in height (measured from finished floor to the tallest roof peak), regardless of how close it is to transit.
iv. An attached ADU shall not exceed a height of 25 feet (measured from finished floor to the tallest roof peak) or the height of the primary dwelling, whichever is lower, but in no case shall the ADU exceed two stories.
c. Any attached accessory dwelling unit shall be attached to the living area of the primary dwelling unit by a common wall or floor/ceiling, or by an attached breezeway, porch, or patio.
15. An accessory dwelling unit shall not be considered a new residential unit for purposes of calculating connection fees or capacity fees for water and sewer services. Attached accessory dwelling units are not required to be metered separately from the primary dwelling for any City utility or other public utility. Detached accessory dwelling units are required to be metered separately from the primary dwelling for water services. No new private wastewater disposal systems shall be permitted for accessory dwelling units. For accessory dwelling units proposed on lots with existing septic systems, the existing septic system shall be expanded to accommodate the accessory dwelling unit unless sewer service is available within 200 feet of the property line. Where sewer service is available within 200 feet of the property line, one sewer connection to serve both units shall be installed prior to the issuance of an occupancy permit for the accessory dwelling unit.
16. Notwithstanding Chapter 18.44, there shall be no variance or exemption granted from the requirements contained in this section.
17. Subject to the requirements of Health and Safety Code Section 17890.12, this section shall not validate any existing illegal unit.
18. The accessory dwelling unit shall be assessed all applicable building permit and development impact fees.
a. Accessory dwelling units up to 750 square feet are exempt from impact fees.
b. Accessory dwelling units 750 square feet or greater are subject to impact fees that are proportional to the relationship of the accessory dwelling unit to the primary dwelling.
19. Animal Area Required. To preserve the health, welfare and safety of large and small animals and agricultural lifestyle, the location of the accessory dwelling unit must preserve the recorded primary animal keeping area (PAKA). For lots that do not have a recorded PAKA, the proposed location of the accessory dwelling unit must preserve an open animal area equal to 576 square feet multiplied by the allowed number of animal units (au) on the property (e.g., 576 x 5 au = 2,880 square feet open animal area). To preserve the health, welfare and safety of the animals in case of an emergency, a minimum 12-foot-wide (or as required in the underlying zone, whichever is more) clear and unobstructed access shall be maintained to the required animal area or existing PAKA.
20. No development standard regarding a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings, shall apply that would not permit at least a new 800-square-foot, 16-foot-tall accessory dwelling unit with at least four-foot side and rear setbacks.
F. Junior Accessory Dwelling Units—Development Requirements.
1. Junior accessory units will be constructed within the walls of an existing or proposed single-family residence and require owner occupancy in the single-family residence where the unit is located. Enclosed uses within a residence, such as attached garages, are considered part of the existing or proposed single-family residence.
2. A junior accessory dwelling unit shall not exceed 500 square feet in size.
3. Owner Occupancy. The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling. Owner occupancy is not required if the owner is a governmental agency, land trust, or “housing organization” as that term is defined in Government Code Section 65589.5(k)(2), as that section may be amended from time to time.
4. Sale Prohibited. A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel.
5. Short-Term Rentals. The junior accessory dwelling unit shall not be rented for periods of 30 days or less.
6. Location of Junior Accessory Dwelling Unit. A junior accessory dwelling unit shall be entirely within a single-family residence. A junior accessory dwelling unit shall have an interior entry to the primary dwelling’s main living area, independent of an exterior entrance of the junior accessory and primary dwelling.
7. Kitchen Requirements. The junior accessory dwelling unit shall include an efficiency kitchen, including a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
8. Parking. No additional parking is required beyond that already required for the primary dwelling.
9. Fire Protection—Utility Service. For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a junior accessory dwelling unit shall not be considered a separate or new unit, unless the junior accessory dwelling unit was constructed in conjunction with a new single-family dwelling. No separate connection between the junior accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the junior accessory dwelling unit is being constructed in connection with a new single-family dwelling.
G. Codes, Covenants, and Restrictions (CC&Rs). CC&Rs that either effectively prohibit or unreasonably restrict the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use are void and unenforceable.
H. Compliance with General Plan. An accessory dwelling unit and/or junior accessory dwelling unit which conforms to the standards of this section shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use which is consistent with the existing General Plan and land use designation for the lot. (Ord. 1093 Sec. 1, 2023; Ord. 1091 Sec. 2, 2022; Ord. 1067 Sec. 1, 2021; Ord. 1015 Sec. 1, 2017; Ord. 969 Sec. 1, 2014; Ord. 814, 2003; Ord. 674, 1993)
18.30.47 Requirements for Model Home Sales Complexes
The new model home sales complex shall be required to meet approval of the Planning Commission and City Council prior to opening. Approval will be based on the following requirements:
(1) Sales brochures shall contain information disclosing Norco’s history, as well as the rural, animal-keeping lifestyle;
(2) All new model home sales complexes shall be required to have large animal keeping amenities. The amenities shall be physical improvements that adequately demonstrate and encourage large animal keeping, such as (but not limited to) barns, shade structures, corrals, arenas, and hot walkers;
(a) Not less than 51 percent of all model lots within the model home sales complex shall have large animal keeping amenities and physical improvements. The model home sales complex shall be subject to the review and approval of the Planning Commission and City Council prior to any building permits being issued;
(b) A minimum 15-foot side yard setback shall be provided on at least one side of the dwelling. This side yard setback shall be graded for vehicular access to the rear yard, shall be free and clear from the eave line to the property line, and shall have a vertical clearance of at least 16 feet;
(3) The equestrian trail shall be identified as such with signage;
(4) Model homes may be used as offices solely for the first sale of homes within a recorded tract subject to the following conditions:
(a) The sales office may be located in a garage, trailer, or dwelling;
(b) Approval shall be for a period not to exceed a two-year period, at which time the sales office use shall be terminated and the structure restored back to its original condition. Extensions may be granted by the Board for good cause shown in one-year increments not to exceed a total of four years or until 90 percent of the development is sold; whichever is less;
(c) A cash deposit, letter of credit, or any security determined satisfactory to the City shall be submitted to the City of Norco, in an amount set by Council resolution, to ensure the restoration or removal of the structure;
(d) The sales office is to be used only for transactions involving the sale, rent or lease of lots and/or structures within the tract in which the sales office is located, or contiguous tracts;
(e) Failure to terminate sales office and restore structure or failure to apply for an extension on or before the expiration date will result in forfeiture of the cash deposit, a halt in further construction or inspection activity on the project site, and enforcement action to ensure restoration of structure;
(f) Street improvements and temporary off-street parking at a rate of two spaces per model shall be completed to the satisfaction of the City Engineer and City Planner prior to commencement of sales activities or the display of model homes;
(g) All fences proposed in conjunction with the model homes and sales office shall be located outside of the public right-of-way;
(h) Flags, pennants, or other on-site advertising shall be regulated pursuant to the Site Regulation of the Municipal Code;
(i) Use of signs shall require submission of a sign permit application for review and approval by the Planning Department prior to installation. (Ordinance 781, 2001).
18.30.48 Residential Lighting Standards.
A. Purpose and Intent. To limit outdoor light pollution and light trespass onto adjacent properties in order to preserve the nighttime environment for residents, animals and wildlife in rural residential zones. To provide regulations which limit the pollution and trespass of modern, high efficiency lighting sources, such as LED, that emit a large lumen output which was once limited to high voltage sources.
B. Applicability. This section applies to:
1. New private (property) residential outdoor lighting mounted on freestanding poles; other than street lights. This section does not apply to commercial and industrial facilities, as more restrictive lighting regulations for those uses already exist, on a case-by-case basis via a project resolution, the California Energy Code, etc.;
2. Line voltage high output (greater than 2,000 lumens) lighting replacements, upgrades/modifications or additions to outdoor lighting. Exception: This section does not apply to low voltage landscape lighting or solar powered stand-alone devices;
3. Building-mounted lighting.
C. Definitions.
1. Decorative Lighting. Lighting meant to provide accent decoration and not installed for the purpose of viewing or utility. Decorative lighting is generally low voltage and exempt from requiring a permit.
2. Fully Shielded Lighting. A lighting fixture constructed with a shield or shields that do not allow lighting to project above a horizontal plane below the lowest point of the fixture from which light is emitted.
3. Landscape Lighting. Low lumen output (less than 100 lumens) accent lighting meant to enhance or highlight landscaping features for the purpose of decoration.
4. Light Emitting Diode (LED). A type of lighting which uses no filament bulb or gas for illumination.
5. Low Voltage Lighting. Lighting operated by a transformer whose wiring and power supply conducts 36V (volts) or less of electrical supply.
6. Lumens. A measure of light output from the International System of Units that is equal to the amount of light emitted per second from a uniform source of one candle in a solid angle.
7. Luminaire. A complete lighting unit consisting of a lamp, housing and ballast. A complete lighting unit.
8. Lighting Shield. A fully opaque surface obstruction meant to shield, limit or direct light.
9. Lighting Trespass. Lighting lumens that project or flood over property lines or are visible from a great distance beyond the property from which they are emitting.
10. Pole (Freestanding) Height Measurement. The dimension in feet from the natural grade to the extreme top of the light fixture.
D. Permits Required and Planning Division Review. Building permits are required for line voltage lighting per the California Building Code for the structures (i.e., freestanding pole) if applicable and the lighting. In addition to a building permit being required for electrical installation, structural calculations are also required for poles and stand-alone light supporting structures greater than 12 feet in height (the structures themselves and the lighting). Planning Division approval will be required for outdoor lighting through the building permit process for compliance of this chapter. Along with the application for a building permit, a photometric plan/analysis of the proposed lighting on the property shall be provided to show exact amount of light in outdoor areas of the property. Lighting trespass over property lines will not be permitted in any instance and must be measurable at 0 (zero) candle feet on the neighboring side of all property lines. Submittal of photometric plan can be waived at the discretion of the Planning Director or designee, should it be demonstrated (though the use of appropriate light shielding) that there is no light spill onto adjacent properties.
Exemptions: Temporary lighting installed for the purposes of construction or emergency repair of a facility. Lighting temporarily installed for a specific event or purpose that has been approved under another use or authorization.
E. Shielding. All lighting units shall require light shielding to prevent it from being seen at a distance and to keep the light from bleeding onto adjacent properties. Lighting installed on free-standing poles shall be fully shielded lighting so that it cannot be observed at a distance. Such shielding will be designed to limit the angle of the light projection to direct light only onto approved areas.
F. Height. Outdoor lighting installed on a building or on a freestanding pole shall be limited to a total height of 18 feet above finish grade (pole and base) and any lighting proposed to be mounted higher than 18 feet above grade will require a variance from the City Planning Commission prior to installation.
G. Setbacks. Lighting greater than 12 feet in height shall not be installed within five feet of a property line. Lighting over 12 feet shall be set back from property lines a minimum distance of one-half of its height above grade.
H. Nuisance. Any modification or addition to exterior lighting on a building or property which creates a distinguishable nuisance for adjoining properties or public ways can be considered to be in violation of this section. Any festoon lighting hung on common property like property line fences or walls can be considered to be a public nuisance under this chapter or if this lighting visibly bleeds over property lines.
I. Violation. Any property owner who constructs, alters or adds on to lighting in violation of the requirements of this section and allowing light pollution to leave their property will be subject to penalties as described in the Norco Municipal Code including administrative citation and legal action. Any property owner who constructs or installs pole lighting without a building permit will also be considered in violation of the California Building Code Section (CBC) 114.1 and will be subject to the penalties as described in the CBC and under State and municipal law. Notices of violation shall be delivered by hand or regular mail. (Ord. 1085 Sec. 1, 2022)