Work to Start on Contested Norco Development

A contractor plans to begin clearing and grading land today for about 99 homes in northern Norco, despite a pending lawsuit that could force a referendum on the development’s controversial zoning.

Most of the houses would be on lots of about one-quarter acre, much smaller than the city’s usual half-acre minimum for residential lot size. And many Norco residents, fiercely protective of their city’s rural life style, are concerned that the project could open the door to Norco’s suburbanization.

The Norco City Council on Wednesday night gave its final approval to Deane Norco Associates for the first two phases of the development--a total of 66 lots. And Thursday, the city issued grading permits for the site, which runs along the bluffs overlooking the Santa Ana River, west of Hamner Avenue in northern Norco.

Councilman Urges Delay

Councilman Ron Wildfong voted against the final tract map Wednesday, urging fellow council members to wait for a decision from the 4th District Court of Appeal in San Bernardino on a lawsuit filed by Louis deBottari, a former city councilman who is opposed to the small-lot development.

But the 3-2 council vote favored the position of Councilman Steve Nathan, who noted that the city had already won a favorable ruling from a lower court. Appeals “may drag on for years,” he said, and further delays in the project would “be detrimental to the city and the developer.”

By allowing development to proceed, the council has made “a change that is fixed in concrete forever,” deBottari said after the vote. “I think they have committed political suicide.”

Richard Hester, a Norco resident who was angry with council members supporting the development and particularly angry with Mayor Dick MacGregor for refusing to recognize him during the council discussion Wednesday, said he will run against MacGregor when his term of office expires next year.

Controversial Zoning

“You don’t recognize the voters, either,” Hester called from the rear of the council chamber.

The zoning for smaller residential lots was enacted by the City Council in June, 1984, and was immediately followed by a petition drive to put the matter to a citywide vote. The council refused the petitions, however, saying a vote to overturn the zoning would put the city in violation of state law.

Reversal of the council’s action would cause the area to revert to its old, half-acre agricultural zoning, which would then be inconsistent with the city’s general land-use plan, which the council had changed the same night.

That inconsistency would violate state law, which requires zoning to conform to the more general land-use plan adopted by the council, said City Atty. Barry Brandt, who has likened the petition drive effort to “putting the zoning cart before the general-plan horse.”

Question of Procedure

But deBottari believes that by refusing to put the question on a ballot, the council is violating the voters’ basic, constitutional right to express their will by referendum.

Citizens have the right to challenge zoning decisions, Brandt argued, but must first change the city’s general plan.

“Using a legal technicality to duck under a political action is sad, very sad,” Councilman Wildfong said of his colleagues’ stand on the referendum.

DeBottari’s lawsuit to force a referendum was rejected in Riverside Superior Court, so he appealed to the 4th District Court of Appeal in San Bernardino.

Wednesday morning--just 11 hours before the City Council voted final approval for the first two phases of construction on the 52 acres of northern Norco property owned by Howard Hanzlik--Brandt and deBottari argued their cases once again, this time before the Court of Appeal. A decision from the three-judge panel is likely within 90 days, the court clerk’s office said.

Attorney General’s Support

Although the state attorney general supported deBottari in the suit, city officials were quietly predicting that Norco’s voters will not get to reconsider the council’s zoning decision.

And even if they do, Brandt said, the project may by then be far enough along that the developer has a “vested right” to complete the project as approved by the City Council Wednesday night.

Shel Medall, manager of operations for Deane Financial Inc., one of the partners in the development project, said the company hopes to begin taking out building permits “in a couple of weeks.”