Lessee within 30 days of close of event. Any unused portion willbe reimbursed back to the Lessee upon verification by Sheriff’s accounting and financial standards.
The Lessee will provide to the Sheriff’s Department its security company documentation showing employees who are working the event and have a current State of California ”Guard Card”. Ifthe designated security positions are not filled the Lessee will pay the Riverside County Sheriff’s Department at current green sheet rate for deputies to staff the unfilled positions. All security staff must be employed by a security company, licensed in the State of California; or they must possess a valid current "Guard Card” issued by the State of California; or they must be off—dutypeace officers. Security staff willwear a distinctive uniform so that they are easily identifiable by the public. Ifthe security company has armed protection, this must be approved by Lessor and the Riverside .County Sheriff’s Department.
The Sheriff’s Department’s staffing will be increase at the discretion of the Sheriff’s Department upon consultation with the Executive Board Members of the Lessee in non—emergency situations. Lessor may at any time during the term of this lease, on reasonable notice require Lessee to provide additional security services at its own expense.
15. PUBLIC WORKS/ ENGINEERING
Lessee is required 45 days prior to the event, or as agreed upon, of each year to provide the Lessor’s designated representative a traffic-handling plan, which the Public Works/Engineering Department must review and determine to be acceptable prior to activity. The approval willinclude the Public Works/Engineering Department requirements for a plan to move vehicle traffic, in and out of George lngalls Equestrian Event Center safely, as well as addressing event parking.
16. FIRE PROTECTION/BUILDING/INSPECTION
Lessee shall provide at its own expense fire protection service, and safety services which Lessor deems necessary to protect the improvements, structures, concessionaires, patrons, and participants on said premises during the term of this Lease.
Lessee is required to provide emergency medical services, utilizing American Medical Response (AMR)during all rodeo events. The emergency medical services shall be present at the event start time until the end of the event. Advanced Life Support (ALS) is required for all rodeo events. Lessee is responsible for the fully burdened cost of emergency medical services.
Lessee shall apply for Form 20 — Special Event Permit Application Lessee shall
also provide Emergency Evacuation Plan for the entire event area, and arena htt s://rvcfire.or lour-de artments/fire-marsha|/handouts-and-forms
configuration requested for the arena and moat extra seating area 45 days prior to the event, or as agreed upon between the Lessor and Lessee Any pyrotechnics willrequire the Lessee fillout Forms 19 and 21 Form 19 — Riverside County Fireworks Application
Form 21- Pyrotechnics and Special Effects Permit and Form Lessee shall provide and submit applications with diagrams 45 days prior to event, or as agreed upon, with specification for the use of portable Bleaches, Tents, Stages, Lighting or any equipment or props that require a building permit.
Inspections by the Fire and Building and Safety departments are required.
17. PARADE
Norco Fair Annual Parade (See Appendix “B”)
18. RETURN OF PREMISES
Lessee shall return to Lessor the said described premises and all structures and improvements thereon in the same condition as they were at the time of the execution of this Lease, normal wear and tear excepted. A mandatory Pre-Norco Fair Walk-through must take place before the Lessee takes possession of the facility along with a mandatory Post Norco Fair Walk-through taking place prior to the Lessee returning the facility to the Lessor
19. TERMINATION BY LESSOR
Lessor may terminate this Lease at any time should it be determined by the CITY Council that the public peace, health, safety, and welfare of the citizens of Norco requires cancellation by serving upon Lessee in the manner hereinafter provided, a written notice to terminate, which notice shall be served at least 24 hours priorto the date for termination.
20. DEFAULT
If Lessee shall be in default or fail to perform any of the terms or conditions herein agreed to be kept and performed by the Lessee. Lessor may terminate and end this Lease forthwith and Lessor may enter upon said premises and remove all persons and property therefrom. Lessee shall not be entitled to any money paid hereunder or any part thereof
21. WAIVER
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Lessee shall provide the CITY with signed waivers (See Appendix “D”) for all participants in Norco Fair events including but not limited to livestock events, equestrian events, lawnmower races, performances, and Family Fun Day.
The Lessee is required to obtain the waivers from all participants the day of the event, and before they participate in any activities. The Lessee is required to review all participants’ legal identification cards to determine the correct waiver needed for minors and adults. The signed waivers shall be turned into the Director of Facilities and Maintenance after each event.
22. ATTORNEY’S FEES
Should Lessor bring any legal action for the purposes of protecting or enforcing its rights under this Lease, Lessor shall recover from Lessee in addition to all other relief, its attorney’s fees and court costs ifthe CITY prevails.
23. TIME OF PERFORMANCE
All covenants must be performed promptly, and payment made on the date herein provided. If any default shall be made in any of the covenants on the part of the Lessee, Lessor may declare said tenancy terminated and may enter upon the premises and repossess the same for which purpose the consent of Lessee is hereby expressly given.
24. CONDUCT OF RODEO PERFORMANCE AND OTHER ANIMALRELATE
ACTIVITIES D
All performances, exhibits, games, and activities shall abide by Norco Animal Control requirements and state, federal, and local laws. Lessee agrees to abide by the Norco Municipal Code Ordinance 1090, Chapter 8.09, Working Animal Protection Act.
25. NOTICES
Any notices that are required hereunder or which either Lessor or Lessee may desire to serve upon the other, shall be writing and shall be deemed served when delivered personally or when deposited in the United States Mail, postage prepaid, addressed as follows:
To: City of Norco
2870 Clark Avenue
Norco, California, 92860
To: Norco Fair Committee
PO. Box 582
Norco, California 92860
26. SUCCESSORS OF THE PARTIES
This Lease shall bind the successors of the parties hereto unless notice of termination as hereinabove agreed upon is given. Either Party has the right to terminate this lease by written notice 180 days prior to the event. Written notice must be sent by Certified Mail.
lN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be
CITY OF NORCO, CALIFORNIA
A Municipal Corporation
By:
Jan(?rm/
Presid re entative
NORCO FAI§\CMMITTE
A Non Profit ali ornia poration
By:
Robin Grundmeyer, Mayor
é? 7,0202577aza
Harper & Burns, LLP, CITY Attorney Non-Profit ”1 Number APPROVED , .5 TO FORM: Se r tary
EST
ana Roa, CITY Clerk
Date
Appendix “A”
PROMOTIONAL BENEFITS
To increase awareness and support the success of the Norco Fair event(s) held at the Ingalls Event Center, the CITY will:
Provide 30 days of advertising (one ad) on the Norco Auto Mail Sign at no cost Provide 30 days of advertising (one ad) on the SilverLakes Freeway Sign at no cost Provide 30 days of advertising (up to four ads) on the Sixth Street Gateway Sign at no cost
Place LESSEE—provided 8.5”x1 1” black and white flyer in CITY utility bill at no cost Share digital marketing content on official communication platforms at no cost License the Horsetown USA trademark for event-related promotion at no cost Install and remove LESSEE-provided banner on Sixth Street at no cost Provide promotional giveaways for sponsors or dignitaries upon request The City willsell Fair Buttons at the City Hallfront counter, the Fair Committee will hold harmless the City for any loss in revenues or missing buttons for this service.
In exchange for support and in-kind donations, the LESSEE will lend positive exposure to the CITY and willas reasonably agree upon:
Feature CITY—providedlogo on all event promotion and print/digital advertising, including but not limited to direct mail, posters, flyers, event book/program, social media, street signage, banners, website, advertisements and/or where other main sponsor logos are featured
Feature CITY name in available audio event announcements Feature CITY flag where other main sponsor flags are featured Provide four (4) half page full color ads in event book/program at no cost Provide CITY vendor booth space (up to 10’x20’) for community outreach and/or merchandise sales at no cost, and allow flexible scheduling for set-up and tear-down (i.e., CITY may elect to host a vendor booth for one to four days at its discretion) Provide high-resolution event photography and videography files at no cost to be used in CITY communication and promotion only (not for resale) It is understood that:
LESSEE will list the event location as the “Ingalls Event Center” in all advertising/marketing/informational materials and will not use any other variation LESSEE will provide all advertising/marketing content to CITY. The CITY will not fund or perform graphic design or writing services to produce content. All LESSEEprovided advertising must follow required specifications and feature CITY-provided logo per aforementioned section.
CITY will provide logo to be used in advertising. LESSEE may not use the official CITY of Norco seal in any other ways/on any other material(s) outside of this agreement per Norco Municipal Code Chapter 2.02.
CITY willprovide banners for display at the Event Center during LESSEE’s events.
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LESSEE must request to use a Horsetown USA trademark before usage. Usage must be in accordance with Norco Municipal Code Chapter 3.70.
The CITY willreview marketing content prior to including content in utility billand/or sharing via the ClTY’s officialcommunication platforms. The CITYreserves the right to request changes to content that it deems to be inaccurate, in poor taste or not suitable for families. Requests may include but are not limited to textual and/or artistic changes. The CITY reserves the right to deny a marketing content sharing request if final content is not agreed upon by both parties.
Appendix “B”
Direct Cost Examples
Cost associated to utility use.
. Cost associated to rental of equipment by the City for use during lease event; i.e., traffic delineators, cones, A-Frames
. Cost associated to unforeseen conditions for repairs or vandalism that exceed that of the security/damage deposit.
. Cost associated to event for added Public Safety and Emergency Response or services.
. Cost associated to overtime for City Staff.
. Cost associated to fully burden rate for staff assigned to event. . Cost associated to permits required.
. Use of water for rides and activities specific to the apparatus needs. . Third party cost incurred by the City on behalf of the event lease holder
Appendix “C”
CONDITIONSOF AGREEMENT
NORCO FAIR PARADE
RESPONSIBILITIES:
The CITY OF NORCO will provide traffic control services to the Norco Fair Committee on the following dates as set forth below. Norco Fair Parade falls each year on Labor Day.
The CITY OF NORCO will make its best effort to provide the deployment for the below events to the NORCO FAIR PARADE COMMITTEE.Alldeployment willbe confirmed by February 1Stof each year.
Deployment Details and Staffing:
- PW Superintendent or
- PW Supervisor
- Appropriate number of CITY Crew as determined by the CITY CITYwillprovide traffic control services that shall consist of directing traffic, providing street closures, equipment for delineation and traffic control, deployment of staff and notices of closure. Parade map and logistics shall cover Sixth Street to include rerouting traffic around the parade staging area and parade route. Final parade map and times shall be established at least sixty (60) days prior to parade date. The CITY will be responsible for providing a parade map, rerouting traffic and cleaning parade route streets. Annually the parade route and map shall be reviewed by both parties for finalization prior to the annual parade.
The CITY shall provide radio communications equipment to all traffic control staff and the CITY shall provide vehicles to transport its traffic control staff to and within the CITY of Norco as necessary. The CITY willmaintain at all times standard uniform appearance and grooming requirements during the deployment to distinguish employees from volunteers associated with the operations and administering of the parade.
The CITY will be responsible for providing notices to neighboring agencies, and other jurisdictional governing bodies where applicable (California Highway Patrol, California Department of Transportation, CITY of Riverside, County of Riverside Transportation).
Allservices to be performed by the CITY OF NORCO under this AGREEMENTshall be based on CITYstandards under the control of CITY personnel.
NORCO FAIRwiIIbe responsible for insurances, marketing, advertisement, and registration of participants and coordination of volunteers who manage and set—up parade activities and parade area to include distribution of parade floats, horses/rider entries, carriages, bands
and participants. The CITY is not responsible forthe parade activities or coordination and supervision.
COMPENSATION'
For consideration of this AGREEMENT all traffic control services shall be provide by the CITYfor the annual Norco Fair Parade. The CITYshall assume all financial responsibility for traffic control. Norco Fair shall not pay for any direct cost for support related to traffic control services to include but not limited to traffic delineation; equipment; vehicles and personnel associated to parade.
TERM:
The conditions ofthis agreement willcommence upon execution and willremain in fullforce and effect as identified in section 1 of the agreement. Written notice of termination of the parade by either party will be given to the other party at least ninety (90) days prior to the effective date of termination.
INDEMNIFICATIONAND INSURANCE FOR LIABILITY:
Norco Fairfurther agrees to deliver to CITY upon the execution of this agreement 60 days prior to its event two executed copies of a continuing Commercial General Liabilit y
Insurance Policy with endorsements, specific to parades to conduct the annual Norco Fair Parade to include any and all activities associated to Norco Fair satisfactory to Lessor indemnifying and holding Lessor, its officers, agents, CITY Council Members, CIT Y employees and Riverside County Sheriffs Department personnel harmless against any and all claims, in an amount as stated below:
Norco Fair shall maintain commercial general liability insurance for its annual parade as prescribed in section 4 of this agreement.
AMENDMENTS:
The dates of the annual Norco Fair activities may vary each year; affecting the annual parade, therefore, Norco Fair willnotify the CITY inwriting of such new dates at least nighty (90) days prior to the parade event.
ENTIRE UNDERSTANDING:
This AGREEMENT contains the full and complete understanding between the two parties.
No verbal agreement or conversation with any officer, agent or employee of any party shall affect or modify the terms and conditions of this AGREEMENT.
Appendix “D”
WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDINGCOVID-19 ASSUMPTION OF RISK I WAIVER OF LIABILITY] INDEMNIFICATIONAGREEMENT In consideration of being allowed to participate in CITY of Norco facility rentals, programs, related events and activities, the undersigned acknowledges, appreciates, and agrees that:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVlD-IQ. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
Iwillingly agree to comply with the stated and customary terms and conditions for participation as regards to protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, 1willremove myself from participation and bring such to the attention of the nearest official immediately; and, I,for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS City of Norco and their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES"),WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITYAND ASSUMPTION OF RISK AGREEMENT, FULLY
UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Name of participant:
Participant signature:
Date signed:
Emer enc Contact Information'
Name:
First Last
Address:
Home Number: (
Relationship:
Cell Number: ( )
Street CITY Zip Code
(SWEET? I'
(STREET‘; (cm‘saP cane;
FEDERIALTAX 1.13.
CITYOF NORCO
cm 0;: NORCCI . 22m CLARKAVENUE PERMITHOLDER
NORCO. CA 92350—1903 VENDQR
UCBiSE APPLICATiON
Appendix “E”
PERMIT HOLDER VENDOR BUSINESS LICENSE
TITLE
NAMEOF ORGAMZATEON
: BUSINESS ADDRESS:
BILLINGADDRESS:
SOCIALSECURITY #1
STATE SALES TAX#,
COORDINATOR NNAE : ADDRESS:
PHONE?
HE'
(cm a Zip cons;
PHGNE:
TOTAL FEES DUE: $
PERMITFEE: S42;D?!per day PROCESSING FEE: $ 30.00
56—1186 FEE: $ 4.00
EVENTYOU ARE COORDINATING:
DATES OF EVENT:
LOCATIONOF EVENT:
EMERGENCY COEHACT NAME:
DECLARE UNDERPENALTY OF PERJURY, THE ABOVE ENFORMATIONIS TRUE ANDCORRECT DATE {3LOSED: REASON:
CHECK:[ ] #2 lSSUED BY‘
PERMIT#: NAI3 CODE: RECEipT #: DATE$SSUED:
CASH: [ 3
(FOR DFFKSEUSECHIN
SHERIFF APPROVAL: DATE:
FIRE DEPARTMENTAPPROVAL: DATE:
BY
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{W?TURE} \‘ {DATE
PLEASE TYPE OR PRINTCLEARLY:
PHONE:
:ZiF'CODE)
PHONE:
DATE:
FIRST EXTENSIONAND FIRST ADDENDUMTO
CITY OF NORCO
LEASE AND EVENT AGREEMENT
This FIRST EXTENSION AND FIRST ADDENDUM(hereafter, collectively, “FIRST ADDENDUM”)to the CITYOF NORCO LEASE AND EVENTAGREEMENT is made and entered into this ?day of March, 2023, by and between the City of Norco, a municipal corporation (hereinafter “C|TY”)and the Norco Horseweek Committee of the City of Norco, a California non-profit corporation (hereinafter “COMM|TTEE”).
Recitals
WHEREAS, on or about February 21, 2018, CITY and COMMITTEEentered into a CITY OF NORCO LEASE AND EVENT AGREEMENT for use of the George A. Ingalls Equestrian Event Center and related duties and privileges relating to the annual Norco Horseweek Event (“AGREEMENT”);and
WHEREAS, the AGREEMENT covered a five-year period of February 21, 2018- February 20, 2023; and
WHEREAS, the AGREEMENT provided for an extended term of five years with City Council approval (not to exceed a 10-year term); and
WHEREAS, the Parties do now desire to extend the AGREEMENTfor an additional five-year term; and
WHEREAS, the Parties also desire to further define the duties of responsibilities of each other through an addendum to the AGREEMENT.
NOW, THEREFORE, the Parties hereto agree as follows:
1. Extension of AGREEMENT. The AGREEMENT is hereby extended for an additional term of 5 years, effective on February 21, 2023 and continuing until and including February 20, 2028.
2. Addendum of AGREEMENT. In addition to all the terms and conditions contained in the AGREEMENT, the Parties further agree as follows:
a. Annual review ofthe terms and conditions ofthe lease willbe conducted in January of each year.
b. The Veterans Memorial Plaza is excluded from use as part of this agreement. c. In exchange for CITY support, Lessee shall lend positive exposure to the CITY, as reasonably agreed upon. Promotional benefits are noted in (Appendix “C”)to this FIRST ADDENDUM.
d. The Annual Fee shall be increased to $9,100 with annual CPI adjustments. Lessee
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First Extension and First Addendum Lease Agreement, Norco Horseweek Committee
March 1, 2023
hereby acknowledges that the $9,100 fee does not cover the actual costs incurred by the City for utilities, Sheriff’s charges, facilities use, etc., and that the City is providing those services in an effort to assist the Horseweek Committee. e. Lessee shall have sole control of George Ingalls Equestrian Event Center excluding the Veterans Memorial Plaza for the term ofthis Lease and may use said premises solely for the purpose of conducting the NORCO HORSEWEEK events listed (Appendix “A”),to include entertainmentfor people of all ages. Eating and drinking concessions are a part of the Horseweek Activity.
f. Indemnification and Insurance: To the fullest extent permitted bylaw, Lessee shall hold harmless, defend at its own expense, and indemnify they City of Norco and its officers, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from al l acts or omissions of lessee or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Norco’s sole negligence or willfu l acts. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained inthis agreement. These obligations shall survive the completion or termination of this agreement.
Lessee’s general liability policies shall be primary and non-contributory, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that CITY of Norco and its officers, officials, employees, and agents shall be additional insureds, waiver of subrogation and primary and non-contributory endorsements under such policies. When alcohol is being served or sold, it is mandatory that the General Liability Policy include Liquor Liability Coverage. The insurance requirements also apply to anyone hired for the event (e.g., participants, vendors, entertainers, etc.).
a LESSEE shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG O0 O1, in an amount not less than one million dollars ($1 ,O00,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limitshall apply separately to this project/location or the general aggregate limitshall be five million dollars $5,000,000. The CITY of Norco reserves the right to increase/decrease, change or eliminate the insurance requirements at any time.
i. When applicable, LESSEE shall maintain commercial automobile liability insurance with coverage as broad ad Insurance Services Office form CA 00 01, with limit no less than one million dollars ($1,000,000) per accident for bodily injury and property damage.
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b. Lessee’s general liability policies shall be primary and non—contributory, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that CITY of Norco and its officers, officials, employees, and agents shall be additional insureds, waiver of subrogation and primary and non-contributory endorsements under such policies. When alcohol is being served or sold, it is mandatory that the General Liability Policy include Liquor LiabilityCoverage. The insurance requirements also apply to anyone hired for the event (e.g., participants, vendors, entertainers, etc.). c. The CITY of Norco reserves the right to increase/decrease, change or eliminate the insurance requirements at any time.
i. General Aggregate $ 5,000,000
ii. Products—Comp|eted Operation Aggregate $ 5,000,000
iii. Personal & Advertising Injury $1,000,000
iv. Each Occurrence $1,000,000
v Liquor Liability $1,000,000
g. Paragraph 6 SANITATION FACILITIES shall add:
CITY staff shall have the discretion to require additional toilets and services i f needed forthe health, safety, and welfare of the public. The service of toilets shall be completed after each large event. Service shall also be completed as needed during the weekly community events for the service of temporary and permanent toilet areas
Lessee is required to provide at their own cost, waste disposal containers for the event and roll-offbins as needed for the use of the event. In years past, two (40) yard roll-off bins were utilized.
Post event cleanup to include removal of all equipment, trash, and debris. Said removal to be completed by noon of the third day following the closure ofthe event. lfthe lessee or the Lessor will remove all equipment, trash and debris, at the sole expense of the Lessee.
h. Paragraph 9 PROHIBITIONAS TO ASSIGNMENTAND SUB LEASING shall add:
Lessees must be in possession ofa current CITY of Norco “Permit Holder Vendor” business license (Appendix “E”).
Lessees shall provide the Permit Holder Vendor Business License completed information 45 days, or as reasonably agreed upon, priorto event to include but not limited to insurance with endorsements, waivers, CA State Sellers and Health Department Permits. Allvendors require insurance whether individualor purchased under event policies. The vendor business license is only required forthe lessee to
h? s://rvcfire.or /our-de"D, artments/fire-marshaI/handouts-and- , First Extension and First Addendum Lease Agreement, Norco Horseweek Committee
March 1, 2023
obtain.
Paragraph 10 COMPLIANCEWITH THE LAWshall add
The Facilities Use Agreement requires that all renters post signs at events open to the public that include the following:
“Norco Horseweek reserves the right to refuse admittance to anyone wearing clothing that contains inappropriate language, symbols, gang, or crew attire. This includes bandanas, hats, initialed belt buckles, vests, and other gang/crew apparel.” Paragraph 12 LIABILITYFOR PROPERTY DAMAGE TO LESSOR’S FACILITIE shaHadd: S
Payment for any such damages shall be made within 45 days, or as agreed upon, after receipt from Lessor of an itemized invoice delineating the damage and cost to repair such.
Paragraph 14 is amended to provide that the COMMITTEEshall provide a security plan 45 days prior to the event, or as agreed upon.
Paragraph 15 is amended to provide that COMMITTEE shall provide a traffichandling plan 45 days prior to the event, or as agreed upon.
Paragraph 16 FIRE PROTECTION/BUILDINGINSPECTION shall add:
Lessee is required to provide emergency medical services, utilizing American Medical Response (AMR) during all rodeo events. The emergency medical services shall be present at the event start time until the end of the event. Advanced Lif e Support (ALS) is required for all rodeo events. Lessee is responsible for the fullyburdened cost of emergency medical services.
Permit Application
Lessee shall
also provide Emergency Evacuation Plan for the entire event area, and arena configuration requested for the arena and moat extra seating area 45 days priorto the event, or as agreed upon between the Lessor and Lessee.
Lessee shall apply for Form 20 — Special Event
Any pyrotechnics will require the Lessee fill out Forms 19 and 21 Form 19 — Riverside County Fireworks Application
Form 21- Pyrotechnics and Special Effects Permit and Form htt s://rvcfire.or /our-de artments/fire—marshal/handouts—andPage 356 of 432 ‘H
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First Extension and First Addendum Lease Agreement, Norco Horseweek Committee
March 1, 2023
3. Lessee shall provide and submit applications with diagrams 45 days priorto event, or as agreed upon, with specification for the use of portable Bleaches, Tents, Stages, Lighting or any equipment or props that require a building permit.
Inspections by the Fire and Building and Safety departments are required. . Paragraph 21 WAIVER shall read:
Lessee shall provide the CITYwith signed waivers (Appendix “D”)for all participants in Horseweek events including but not limited to livestock events, equestrian events, horseshoe tournament, lawnmower races, obstacle course, adult fun night, and kids’ fun day.
The lessee is required to obtain the waivers from all participants the day of the event, and before they participate in any activities. The signed waivers shall be turned into the Director of Facilities and Maintenance after each event. . Paragraph 24 CONDUCT OF RODEO PERFORMANCE AND OTHER ANIMA RELATED ACTIVITIESshall read: L
24. CONDUCT OF RODEO PERFORMANCEAND OTHER ANIMALRELATED
ACTIVITIES
All performances, exhibits, games, and activities shall abide by Norco Animal Control requirements and state, federal, and local laws. Lessee agrees to abide by the Norco Municipal Code Ordinance 1090, Chapter 8.09, Working Animal Protection Act.
. The dates of Horseweek are typically the 3'“week of April.The dates are subject to adjustments and shall be reviewed annually. The Lessee shall provide a written request to the Lessor no less than 6 months in advance of the event. q. Appendix “C” and “D”attached at the end of this FIRST ADDENDUMare added In the event of a conflict, the terms and conditions of this FIRST ADDENDUMshall prevail over the terms and conditions of the AGREEMENT.
4. Except as modified by this FIRST ADDENDUM, the terms and conditions of the AGREEMENT shall continue.
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CITY OF NORCO, CALIFORNI
A Municipal Corporation A
B . .
First Extension and First Addendum Lease Agreement, Norco Horseweek Committee
March 1, 2023
Inwitness whereof, the parties hereto have entered into this FIRST ADDENDUMthe date and year first above written.
U?ofcA
sid e resentative
NORCO HORSEWEEK COMMITTE
A Non-Profit California Corporation E
Harper & Bu P, City Attorney
Diane Germ n, CMC,
Deputy City lerk
APPROVED AS TO FORM:
/9896; ‘J*Q0c93
Sc tary
Print Name
’\ " S Aocmm Adan
’; Print Name
Non-ProfitI.D Number Date
Robin Grundmeyer, Mayor
ATTEST
First Extension and First Addendum Lease Agreement, Norco Horseweek Committee
March 1, 2023
Appendix “C”
PROMOTIONAL BENEFITS
In order to increase awareness and support the success of the Norco Horseweek event(s) held at the George lngalls Event Center, the CITY will make its best efforts to provide the following benefits to Horseweek:
0 Provide 30 days of advertising (one ad) on the Norco Auto Mall Sign at no cost 0 Provide 30 days of advertising (one ad) on the Si|verLakes Freeway Sign at no cost
0 Provide 30 days of advertising (up to four ads) on the Sixth Street Gateway Sign at no cost
Place 8.5”x11” black and white flyer in utility bill at no cost Share digital marketing content on official communication platforms at no cost License the Horsetown USA trademark for event-related promotion at no cost Install and remove LESSEE—provided banner on Sixth Street at no cost In recognition of the City’s staff support and in-kind services for this event, the LESSEE willlend positive exposure to the CITY as a Horseweek partner and will make its best efforts to provide the following benefits to the City:
o Feature CITY name in available event announcements and CITY logo on all event promotion and print/digital advertising, including but not limited to direct mail, posters, flyers, event book/program, social media, street signage, banners, website, advertisements and/or where other sponsor logos are featured - Provide four (4) half page full color ads in event book/program at no cost 0 Provide licensed event pictures or videos at no cost to the LESSOR It is understood that:
o LESSEE will provide all advertising/marketing content to CITY. The CITY willnot fund or perform graphic design or writing services to produce content. All LESSEE—providedadvertising must follow required specifications and feature CITY—providedlogo per aforementioned section.
- CITY willprovide logo to be used in advertising. LESSEE may not use the official CITY of Norco seal in any other ways/on any other material(s) outside of this agreement per Norco Municipal Code Chapter 2.02.
- CITY willprovide banners for display at the Event Center during LESSEE’s events. - LESSEE must request to use a Horsetown USA trademark before usage. Usage must be in accordance with Norco Municipal Code Chapter 3.70. o The CITYwill review marketing content prior to including content in utility bill and/or sharing via the ClTY’s official communication platforms. The CITY reserves the right to request changes to content that it deems to be inaccurate, in poor taste or not suitable for families. Requests may include but are not limited to textual and/or artistic changes. The CITY reserves the right to deny a marketing content sharing request iffinal content is not agreed upon by both parties.
First Extension and First Addendum Lease Agreement, Norco Horseweek Committee
March 1, 2023
Appendix “D”
WAIVER
WAIVERIRELEASE FOR COMMUNICABLEDISEASES INCLUDINGCOV|D—19 ASSUMPTION OF RISK I WAIVER OF LIABILITY!INDEMNIFICATIONAGREEMENT In consideration of being allowed to participate in CITYof Norco facility rentals, programs, related events and activities, the undersigned acknowledges, appreciates, and agrees that:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COV|D—19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and,
2. I KNOWINGLY AND FREELY ASSUME ALLSUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
3. I willinglyagree to comply with the stated and customary terms and conditions for participation as regards to protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, Iwillremove myself from participation and bring such to the attention of the nearest official immediately; and,
4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS City of Norco and their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and ifapplicable, owners and lessors of premises used to conduct the event (“RELEASEES"), WITH RESPECT TO AN Y AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHE ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest R extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITYAND ASSUMPTION OF RISK AGREEMENT, FULLY
UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILYWITHOUTANY INDUCEMENT.
Name of participant:
Participant signature:
Date signed:
Emer enc Contactlnformation:
Name:
First Last
Add ress:
Street CIT
Home Number: ( Cell Number: (
Relationship:
Zip Code
STREF:
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PLEASE TYPE OF!3!-IT CLEARLY:
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First Extension and First Addendum Lease Agreement, Norco Horseweek Committee
March 1, 2023
Appendix “E”
PERMIT HOLDER VENDOR BUSINESS LICENSE
TITLE ‘II PHONE
SHERIFF APPROVAL:
FIRE DEPARTMENTAPPROVAL:
TOTAL FEES DUE: S
PERMITFEE: S 42.90:'per day PROCESSINGFEE: S29.
00 SB-1186 FEE: 5 4.00
[SIGNATURE]
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—’l\“r7i«r' Si-I‘I”ii:5“' :i"'|¢e‘iF1' 1 NAMEOF ORGANEZATIDNZ BUSINESSADDRESS:
rem; :23?CODE]
B?_LlNG ADDRESS PHONE
(smear) {crrva 2&5cans:
SOCIALSECURITY#2 I I FEDERJALTAX{.0331
STATE SALES TAX#.__‘”__”_M,
TDR NAMEI ADDRESS.
(STREET: (cm 5-21‘: cons)
EVENTYOUARECOORDINATFNG:
DATES CF EVENT:
LOCATIONOF EVENTS
EMERGENCYCONTACTNAME
I DECLAREUNDERPENALTYOF PERJURY, THEABOVE INFORMATIONISTRUE ANDCORRECT:
M
[FOR OFFICE USE ONLY]
v PERMiT#‘.
CASH:[ ] 5
DATECLOSED: REASON:
NAICCODE: RECEIPT #: DATEISSUED
: CHECK:[ #2 RSSUEDBY:
BY:
DATE:
DATE: H\
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(DATE)
PHONE
PERMITHOLDER
VENDOR
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DATE
LICENSEAPPiJCATIOf
crrv OF ucaco
25.79max AVENUE
ucaco, ca 92888-
QTY 0.: PvéORC
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CITY OF NORCO
LEASE AND EVENTPROMOTIONAGREEMENT
THIS INDENTUREOF LEASE is made and entered into on the day and year as set forth below, by and between the CITY OF NORCO, a municipal corporation of the State of California, hereinafter called “LESSOR”or “CITY”, and the NORCO MOUNTEDPOSSE RODEO of the CITY of Norco, a non-profit California Corporation, hereinafter called “LESSEE”.
WITNESSETHI
Lessor, subject to the covenants and agreement hereinafter contained by the Lessee to be kept and performed, demises, leases and lets unto said Lessee and Lessee does lease from Lessor those certain premises in the CITY of Norco, County of Riverside, State of California, described as follows:
The real property known as George lngalls Equestrian Event Center including all arenas, facilities, permanent restrooms, interior parking lots, on and off site, to have and to hold unto said Lessee on the following terms and conditions:
1. TERMS
This Lease covers a five (5) year period from July 19, 2023 — July 19, 2028, with an extended term of (5) five years based on City Council approval. Annual review of the terms and conditions of the lease will be conducted in March of each year.
The event use for the George lngalls Equestrian Event Center and off-site parking lots listed below shall be for a period of (9) nine days with the understanding that based on subsequent events at the Event Center, willrequire additional coordinatio n
between the Norco Mounted Posse and the Norco Fair Committee. The 9-day period is based on a shared post-event period of 2 days after the Norco Mounted Posse Rodeo. Each party shall submit a strategic plan of breakdown and setup for each event. This is a required condition of the contract that shall be sent to the City within 30 days of the event. The (9) nine—day period for the pre and post setup for the event shall meet the following timeline:
o Four(4) days prior to the event date for setup and preparation o Three (3) days for the Norco Mounted Posse Rodeo
o Two (2) days after the event for post cleanup
The George lngalls Equestrian Event Center and arena footings willbe prepared by Lessor prior and during the scheduled events. Lessee will have full control of George lngalls Equestrian Event Center as defined herein including any and all activities of the park for the duration of the Norco Mounted Posse Rodeo. The Veterans Memorial Plaza is excluded from use as part of this agreement.
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Lessee shall have sole control of the premises for the term of this Lease and may use said premises solely for the purpose of conducting the Norco Mounted Posse Rodeo, including food and beverage concessions, retail vendors, entertainers, pageants, drill team, Cowboy Dance, and the PRCA Rodeo. Lessee shall be able to sell alcoholic beverages that are allowed to be consumed on said premises during the term of this Lease.
Lessee will have full control of Pikes Peak Park, The Turf and adjacent Pikes Peak Park parking lot, and the parking lot at California Avenue and 6”‘Street. Lessee wil l organize and manage the parking of vehicles during the events.
Lessee recognizes that George lngalls Equestrian Event Center is a publiclyowned facility and shall not refuse admission to any member of the public at large.
In exchange for CITY support, Lessee shall lend positive exposure to the CITY, as reasonably agreed upon. Promotional benefits are noted in Appendix Lessee shall include the CITYas part ofthe Norco Mounted Posse PRCA Committee during the PRCA National Convention. The CITY will be considered “guests of the Norco Mounted Posse” and will be allowed to attend the convention for professional and educational purposes, at the sole cost of the CITY.
2. LESSEE’S CONSIDERATION
Lessee covenants and agrees that itwill pay a refundable security deposit bond of $2,500 for damage and cleaning. The security deposit willbe refunded if all terms and condition of this Lease are met. Said fees shall be paid no later than July 15‘of each year.
Lessee agrees to provide at the request of the Lessor all journals and other accounting records itemizing all gross revenues received for the event. Allrevenues received may be in the form of cash, check, online or credit card payments and must be submitted 45 days after end of event.
3. CONDITIONS OF LEASE
In lieu of a facility rental fee, Lessee agrees to pay the Lessor 2.5% of the gross revenues from the Norco Mounted Posse Rodeo, not to exceed $10,000 for each annual event. Direct costs willbe paid at fully burdened rate by Lessee. Examples of direct costs are referenced in Appendix "B".
The Lessor willwaive the flat rate bleacher seat fee during the event. Ifdamage or other costs exceed that of the deposit bond, the Norco Mounted Posse Rodeo will be billed for the difference of all costs.
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In lieu of full electrical charges for the use of two Edison electrical meters, an average cost of $800 willbe paid by the Lessee. Any exception must be approved by the Lessor.
4. INDEMNIFICATIONAND INSURANCEFOR LIABILITY
To the fullest extent permitted by law, Lessee shall hold harmless, defend at Its own expense, and indemnify the City of Norco and its officers, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of lessee or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Norco’s sole negligence or willful acts. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
Lessee further agrees to deliver to Lessor upon the executionofthis agreement 60 day prior to its annual event two executed copies of a continuing Commercia l General Liability Insurance Policy, to include the use of the George lngalls Equestrian Event Center to include any and all activities associated to Norco Mounted Posse Rodeo satisfactory to Lessor indemnifying and holding Lessor, its officers, agents, CITY Council members, CITY employees and Riverside County Sheriffs Department personnel harmless against any and all claims, in an amount as stated below:
a. Lessee’s general liability policies shall be primary and non-contributory and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that CITY of Norco and its officers, officials, employees, and agents shall be additional insureds, waiver of subrogation and primary and non-contributory endorsements under such policies. When alcohol is being served or sold, it is mandatory that the General Liability Policy include Liquor Liability Coverage. The insurance requirements also apply to anyone hired for the event (e.g., participants, vendors, entertainers, etc.). b. The CITY of Norco reserves the right to increase/decrease, change or eliminate the insurance requirements at any time.
General Aggregate $ 5,000,000
Products—Comp|eted Operation Aggregate $ 5,000,000
Personal &Advertising Injury $1,000,000
Each Occurrence $1,000,000
$1,000,000 Liquor Liability
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c. This coverage may be provided under one policy or a combination of several policies including excess or an umbrella policy and shall keep the same infull effect and force during the term of this Lease.
5. REPAIRS AND MAINTENANCE
Lessee represents that it has inspected and examined the premises and accepts themin their present condition as of the effective date of the term of this lease contingent upon a re-inspection and acceptance to be conducted priorto the annual event term. Lessor agrees that all electrical, plumbing and drainage facilities willbe in complete operating condition to allow full utilization of said premises.
Lessee agrees that Lessor shall not be required to make any improvements whatsoever in or upon the premises hereby demised or any part thereof. Lessor agrees to make any repairs deemed necessary to place the facility in a safe operating condition prior to the start of the annual event term. Lessee agrees to make all necessary repairs to said premises during its permitted use ifrepairs are a direct result of the event.
Lessee further agrees to keep said premises safe and in good condition and order at all times during the annual event term and at the end of each annual event term or at any sooner termination thereof, the Lessee willquit and surrender possession of said premises quietly and peaceably and in as good order and condition as the same at the commencement hereof, reasonable wear, tear and damage by the elements excepted. Lessee further agrees to keep said premises free from all nuisance and dangerous and defective conditions.
Lessee further covenants and agrees to keep at its own expense any and all building grounds and structures clean and free of garbage, refuse and debris. Said cleaning operations shall be properly supervised and subject to the continuing approval of Lessor.
Lessee willfurnish on an on-call basis, during the annual event term of the Norco Mounted Posse Rodeo, a licensed electrician and plumber to handle any electrical or plumbing problems that may arise as a direct resultof the Lessee use. At no time willany major changes be made regarding electrical and plumbing implementation without approval of Facilities and Maintenance Director. The CITY will provide the Lessee a list approved contractors and phone numbers.
Lessee will be responsible for the supervision of all cleaning of the facilities which includes the event center grounds, The Hall, The Barn, Pikes Peak Park, The Arenas, holding pens, parking lots, and the surrounding streets. Upon Lessee‘s failure to return the facilities back to an acceptable standard, the Lessor shall correct all areas at the sole cost and expense of the Lessee.
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6. SANITATIONFACILITIES
Lessee agrees to abide by all laws pertaining to sanitation facilities permanent or temporary. Lessee shall meet Riverside County Health Department requirements for sanitation facilities on said premises, during the term of this lease.
Post clean up to include the removal of all equipment, porta potties, fencing, trash, and debris by noon of the third (3"‘)day following the closure of the event. Ifthe Lessee does not remove all items, the Lessor will remove all items at the sole expense of the Lessee.
CITY staff shall have the discretion to require additional toilets and services i f needed for the health, safety, and welfare of the public. The service of toilets shall be completed after each large event. Service shall also be completed as needed during the weekly community events for the service of temporary and permanent toilet areas. Lessee further agrees to keep at its own expense, said toilets and those sanitation facilities provided by the Lessor and Lessee clean and continually operational and properly maintained as to necessary supplies. And upon Lessee’s failureito return facilitiesback to an acceptable standard by Lessee, the Lessor shall correct all areas at the sole cost and expense of the Lessee. The location of each toilet shall be determined by Lessee and agreed upon by the Lessor.
Lessee is required to provide at their own cost, waste disposal containers for the event and roll-offbins as needed for the use of the event. In years past, two (40) yard roll-off bins were utilized.
Post event cleanup to include removal of all equipment, trash, and debris. Said removal to be completed by noon of the third day following the closure of the event.
Ifthe lessee or the Lessor willremove all equipment, trash, and debris, at the sole expense of the Lessee.
7. IMPROVEMENTS
Lessee may, subject to prior written approval of Lessor (Director of Facilities and Maintenance), at Lessee’s sole cost and expense, make such changes, temporary alteration or improvements as may be necessary to fitsaid premises for the purpose stated herein. Improvements of any kind and nature, wherever installed by Lessee, shall remain the property of Lessee, who shall remove the same upon the termination after use, provided that such removal shall be done insuch a manner as not to injure or damage the demised premises and provided, further, that should Lessee fail to remove said improvements as above provided, Lessor, at its option, may require Lessee to remove the same. Ifsaid Lessee shall fail to remove said improvements after receipt of Notice from Lessor, Lessor may remove the same and dispose of the same as itsees fit, as itshall become the property of the Lessor after notice. Lessee further agrees that should Lessor remove said improvements as
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above provided, that Lessee willpay Lessor upon demand the cost ofsuch removal, plus the cost of transportation and disposition thereof.
8. ALCOHOLIC BEVERAGE CONCESSION
Allalcoholic beverage concession must be operated following the ABC Guidelines.
The following conditions must be met:
A. At least one representative from the Lessee willbe available to check identification cards from those attempting to purchase or in possession of alcoholic beverages. An additional Sheriff willbe made available for this purpose if demand exists.
B. The Sheriff’s Department force will be increased at the discretion of the CITY Manager or their designee upon consultation with the Executive Board Members of the Norco Mounted Posse in nonemergency situations.
C. Lessee shall provide insurance and a security agreement before the scheduled event. Lessee shall provide this document 45 days prior to the event, or as reasonably agreed upon between the Lessor and Lessee.
9. PROHIBITION AS TO ASSIGNMENT AND SUB LEASING
Neither the demised premises nor any portion thereof shall be sublet, nor shall this Lessee, or any interest therein, be assigned, hypothecated, or mortgaged by Lessee and any such attempt shall be of no force or effect and shall confer no rights upon any assignee, sub-Lessee, mortgagee, or pledge.
Lessees must be in possession of a current CITY of Norco “Permit Holder Vendor” business license Appendix
Lessees shall provide the Permit Holder Vendor Business License‘ completed information 45 days, or as reasonably agreed upon, prior to event to include but not limited to insurance with endorsements, waivers, CA State Sellers and Health Department Permits. Allvendors require insurance whether individual or purchased under event policies. The vendor business license is only required for the lessee to obtain.
10. COMPLIANCE WITH THE LAW
Lessee shall comply with all federal, state and local laws, policies and ordinances pertaining to the operations and activity to be conducted upon said described premises by Lessee and shall not commit or allow violation of any law or ordinance on said premises.
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The Facilities Use Agreement requires that all renters post signs at events open to the public that include the following:
“Norco Mounted Posse Rodeo reserves the right to refuse admittance to anyone wearing clothing that contains inappropriate language, symbols, gang, or crew attire. This includes bandanas, hats, initialed belt buckles, vests, and other ganglcrew apparel.”
11. LIABILITYFOR INJURIESTO PERSONAL PROPERTY
Lessor shall not be liable to Lessee or Lessee’s officers, agents, employees, members, guests, vendors, or concessionaires for any damage caused to their persons or property by water, rain, fire storms and accidents, or by breakage, stoppage, or leakage of water, gas, heating, and sewer pipes or plumbing upon, about or adjacent to said premises.
12. LIABILITYFOR PROPERTY DAMAGETO LESSOR’S FACILITIES
Lessee agrees to pay for any and all damages beyond the lump sum payment caused to any facilities, buildings, structures equipment and improvements of Lessor on said described property, ifsaid damages are a direct result of Lessee’s use ofthe described premises during the lease term. Said payment shall be made within45 days, or as agreed upon, after receipt from Lessor of an itemized invoice delineating the damage and cost to repair such.
13. INSPECTIONBY LESSOR
Lessor’s duly authorized representatives shall have the right at all times to inspect said demised premises to determine whether or not the provisions of the Lease are being complied with by Lessee.
14. POLICE PROTECTION
Lessee shall provide at its own expense law enforcement and police protection which Lessor deems necessary to protect all individuals using the premises for the purpose ofwhich said property is leased along with all structures and improvements on said premises. The Lessee is required to provide the Lessor with a security plan with the Riverside County Sheriff’s Department’s estimated unit costs based on the approved security plan for law enforcement protection required herein under within 45 days of the event. Lessee agrees to pay the Riverside County Sheriff’s Department for said services based on Green Sheet estimates for Sheriffs stafftime by June 15‘or reasonably agreed upon. Any costs above deposit will be billed to Lessee within 30 days of close of event. Any unused portion willbe reimbursed back to the Lessee upon verification by Sheriff's accounting and financial standards.
The Lessee will provide to the Sheriff’s Department its security company documentation showing employees who are working the event and have a current State of California “Guard Card”. Ifthe designated security positions are not filled the Lessee will pay the Riverside County Sheriff’s Department at current green sheet rate for deputies to staff the unfilled positions. All security staff must be employed by a security company, licensed in the State of California; or they must possess a valid current “Guard Card” issued by the State of California; or they must be off-duty peace officers. Security staff willwear a distinctive uniform so that they are easily identifiable by the public. Ifthe security company has armed protection, this must be approved by Lessor and the Riverside County Sheriff's Department.
The Sheriff’s Department’s staffing willbe increase at the discretion of the Sheriff’s Department upon consultation with the Executive Board Members of the Lessee in non-emergency situations. Lessor may at any time during the term of this lease, on reasonable notice require Lessee to provide additional security services at its own expense.
15. FIRE PROTECTION/BUILDING;/INSPECTION
Lessee shall provide at its own expense fire protection service, and safety services which Lessor deems necessary to protect the improvements, structures, concessionaires, patrons, and participants on said premises during the term of this Lease.
Lessee is required to provide emergency medical services, utilizing American Medical Response (AMR)during all rodeo events. The emergency medical services shall be present at the event start time until the end of the event. Advanced Life Support (ALS) is required for all rodeo events. Lessee is responsible for the fully burdened cost of emergency medical services.
Lessee shall apply for Form 20 -— Special Event Permit Application Lessee shall
also provide Emergency Evacuation Plan for the entire event area, and arena configuration requested for the arena and moat extra seating area 45 days prior to the event, or as agreed upon between the Lessor and Lessee.
Any pyrotechnics willrequire the Lessee fillout Forms 19 and 21 Form 19 — Riverside County Fireworks Application
Form 21 Pyrotechnics and Special Effects Permit and Form Lessee shall provide and submit applications with diagrams 45 days prior to event, or as agreed upon, with specification for the use of portable Bleaches, Tents, /our—de artments/fire-marshaI/handouts-andhtt s://rvcfire.or /our-de artments/fire-marshaI/handouts-and-forms
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Stages, Lighting or any equipment or props that require a building permit.
Inspections by the Fire and Building and Safety departments are required.
16. RETURN OF PREMISES
Lessee shall return to Lessor the said described premises and all structures and improvements thereon in the same condition as they were at the time of the execution of this Lease, normal wear and tear excepted. A mandatory Pre-Norco Mounted Posse Rodeo walk-through must take place before the Lessee takes possession of the facility along with a mandatory Post Norco Mounted Posse Rodeo walk-through taking place prior to the Lessee returning the facility to the Lessor
17. TERMINATIONBY LESSOR
Lessor may terminate this Lease at any time should it be determined by the CITY Council that the public peace, health, safety, and welfare of the citizens of Norco requires cancellation by serving upon Lessee in the manner hereinafter provided,a written notice to terminate, which notice shall be served at least 24 hours priorto the date for termination.
18. DEFAULT
lf Lessee shall be in default or fail to perform any of the terms or conditions herein agreed to be kept and performed by the Lessee. Lessor may terminate and end this Lease forthwith and Lessor may enter upon said premises and remove all persons and property therefrom. Lessee shall not be entitled to any money paid hereunder or any part thereof
19. WAIVER
Lessee shall provide the CITY with signed waivers (See Appendix “C”) for all participants in Norco Mounted Posse Rodeo events including but not limited to livestock events, chute tours, PRCA Rodeo, family and rodeo dance, specialty acts, performances, drillteam, pageant, related educational classes, and the Challenged Chi|dren’s Rodeo.
The Lessee is required to obtain the waivers from all participants the day of the event, and before they participate in any activities. The Lessee is required to review all participants’ legal identificationcards to determine the correct waiver needed for minors and adults. The signed waivers shall be turned into the Director of Facilities and Maintenance after each event.
20. ATTORNEY’SFEES
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Should Lessor bring any legal action for the purposes of protecting or enforcing its rights under this Lease, Lessor shall recover from Lessee in addition to all other relief, its attorney’s fees and court costs ifthe CITY prevails.
21. TIME OF PERFORMANCE
All covenants must be performed promptly, and payment made on the date herein provided. If any default shall be made in any of the covenants on the part of the Lessee, Lessor may declare said tenancy terminated and may enter upon the premises and repossess the same for which purpose the consent of Lessee is hereby expressly given.
22. CONDUCT OF RODEO PERFORMANCE ANDOTHER ANIMALRELATED
ACTIVITIES
All performances, exhibits, games, and activities shall abide by Norco Animal Control requirements and state, federal, and local laws. Lessee agrees to abide by the Norco Municipal Code Ordinance 1090, Chapter 8.09, Working Animal ProtectionAct.
23. NOTICES
Any notices that are required hereunder or which either Lessor or Lessee may desire to serve upon the other, shall be writing and shall be deemed served when delivered personally or when deposited in the United States Mail, postage prepaid, addressed as follows:
To: City of Norco
2870 Clark Avenue
Norco, California, 92860
To: Norco Mounted Posse Rodeo
P.O. Box 241
Norco, California 92860
24. SUCCESSORS OF THE PARTIES
This Lease shall bind the successors of the parties hereto unless notice of termination as hereinabove agreed upon is given. Either Party has the right to terminate this lease by written notice 180 days prior to the event. Written notice must be sent by Certified Mail.
CITYOF NORCO, CALIFORNIA
A Municipal Corporation
By:
IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be executed.
By:
Secretary
50; C(3
Harper &Burns, LLP, CITYAttorney N°”'P’°?t '-D» N’-"We
D na oa, CITY Clerk
ST: NORCO MOUNTEDPOSSE RODEO
A Non-Pro?t California Corporation
Pre i nt/Representative
APPROVED AS TO FORM: 36:1/’<? Date
Robin Grundmeyer, Mayor
Elbbx/L\VYW
Appendix “A”
PROMOTIONAL BENEFITS
To increase awareness and support the success ofthe Norco Mounted Posse event(s) held at the lngalls Event Center, the CITY will:
Provide 30 days of advertising (one ad) on the Norco Auto Mail Sign at no cost Provide 30 days of advertising (one ad) on the SllverLakes Freeway Sign at no cost Provide 30 days of advertising (up to four ads) on the Sixth Street Gateway Sign at no cost
Place LESSEE-provided 8.5”x1 1” black and white flyer in CITY utility billat no cost Share digital marketing content on official communication platforms at no cost License the Horsetown USA trademark for event-related promotion at no cost Install and remove LESSEE-provided banner on Sixth Street at no cost Provide promotional giveaways for sponsors or dignitaries upon request In exchange for support and in—kinddonations, the LESSEE will lend positive exposure to the CITY and will as reasonably agree upon:
Feature ClTY—providedlogo on all event promotion and print/digital advertising, including but not limited to direct mail, posters, flyers, event book/program, social media, street signage, banners, website, advertisements and/or where other main sponsor logos are featured
Feature CITY name in available audio event announcements Feature CITY flag where other main sponsor flags are featured Provide four (4) half page full color ads in event book/program at no cost Provide CITY vendor booth space (up to 10’x20’) for community outreach and/or merchandise sales at no cost, and allow ?exible scheduling for set-up and tear-down (i.e., CITY may elect to host a vendor booth for one to four days at its discretion) Provide high—resolutionevent photography and videography files at no cost to be used in CITY communication and promotion only (not for resale) It is understood that:
LESSEE will list the event location as the “|ngal|s Event Center” in all advertising/marketing/informational materials and will not use any other variation LESSEE will provide all advertising/marketing content to CITY. The CITY will not fund or perform graphic design or writing services to produce content. AllLESSEEprovided advertising must follow required specifications and feature ClTY— provided logo per aforementioned section.
CITY will provide logo to be used in advertising. LESSEE may not use the official CITY of Norco seal in any other ways/on any other material(s) outside of this agreement per Norco Municipal Code Chapter 2.02.
CITY willprovide banners for display at the Event Center during LESSEE’s events.
LESSEE must request to use a Horsetown USA trademark before usage. Usage must be in accordance with Norco Municipal Code Chapter 3.70.
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The CITYwillreview marketing content prior to including content in utility bill and/or sharing via the C|TY’s official communication platforms. The CITYreservesthe right to request changes to content that it deems to be inaccurate, in poor taste or not suitable for families. Requests may include but are not limited to textual and/or artistic changes. The CITY reserves the right to deny a marketing content sharing request iffinal content is not agreed upon by both parties.
Appendix “B”
DIRECT COST EXAMPLES
Cost associated to rental of equipment by the City for use during lease event; i.e., traffic delineators, cones, A-Frames
. Cost associated to unforeseen conditions for repairs or vandalism that exceed that of the security/damage deposit.
. Cost associated to event for added Public Safety and Emergency Response or services.
. Cost associated to overtime for City Staff.
. Cost associated to fully burden rate for staff assigned to event. . Cost associated to permits required.
. Third party cost incurred by the City on behalf of the event lease holder.
Name:
Last First
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Appendix “C”
CONDITIONSOF AGREEMENT
WAIVER/RELEASEFOR COMMUNICABLEDISEASES INCLUDINGCOVID-19
ASSUMPTIONOF RISK / WAIVER OF LIABILITYI INDEMNIFICATIONAGREEMENT In consideration of being allowed to participate in CITYof Norco facility rentals, programs, related events and activities, the undersigned acknowledges, appreciates, and agrees that:
1. Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and, I KNOWINGLYAND FREELYASSUME ALLSUCH RISKS, both known and unknown, EVENIF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
Iwillingly agree to comply with the stated and customary terms and conditions for participationas regards to protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, Iwillremove myself from participationand bring such to the attention of the nearest officialimmediately; and, I,for myselfand on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS City of Norco and their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers,_and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”),WITHRESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHERARISINGFROM THE NEGLIGENCEOF RELEASEESOR OTHERWISE, to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITYANDASSUMPTIONOF RISK AGREEMENT, FULLY
UNDERSTANDITS TERMS, UNDERSTANDTHAT I HAVE GIVEN UP SUBSTANTIALRIGHTSBY SIGNINGIT, AND SIGN IF FREELY AND VOLUNTARILYWITHOUT ANY INDUCEMENT.
Name of participant:
Participant signature:
Date signed:
Emer enc Contact Information:
Zip Code Street
Address:
€STREET.\ !7ClTY!~ {ZIP(30353
('5'!'Rx':'ET,‘y [ClTY&ZIPCODE;
FEDERIALTAX i.D.#:
CETYOF NORCO
2E$,§’gL‘§§,'§‘§5§N°UE PERMITHOLDER
NORCO.CA92B60-I903 VENDOR
IJCENSE APPLICATIO
PERMIT HOLDER VENDOR BUSINESS LICENSE
Appendix “D”
PHON E:
I"
PERMITFEE: S-$2.00:'per day PROCESSING FEE‘. 5 30.00
53-1186 FEE: $ 4.00
{STEEQ (cm 5 ZIPCorns)
PLEASE TYPE U2 PRINTCLEARLY:
NAMEOF ORGANIZATEON:
BUSINESS ADDRESS:
BILLNG ADDRESS:
SOCIAL SECURITY#:
STATE SALESTAX#
COORDINATORNAMEI ADDRESS:
EVENT YOU ARE COORDINATING
: DATES OF EVENT:
LOCATIONOF EV'EN-T:
EMERGENCY CONTACT NAME:
[FOROFFICEUSE CNLY
DATE CLOSED: REASON:
F'ERMIT#: mu: cone: RECEE?T#: one ISSUED:
CASH:[ is CHECK:[ 1:: -ISSUED av:
SHERIFF APPROVAL: DATE:
FIRE DEPARTMENT APPROVAL: DATE:
BY‘
! DECLAREUNDER PENALTY OF PERJURY, THE ABOVEINFORMATION IS TRUE ANDCORRECT:
TOTAL FEES DUE: $
ii‘: ‘
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{3e'G.‘vlATl. UFTLE (M15;
PHONE:
PHONE:
PHONE:
DATE:
From: Allen Holzbaugh <[email protected]>
Sent: Thursday, June 6, 2024 6:03:33 AM
To: Amanda Hamilton <[email protected]>
Cc: Allen Holzbaugh <[email protected]>; Joe Holzbaugh <[email protected]>; Tony Barreto <[email protected]>; Jason Miller <[email protected]>; Bonnie Horseweek Skager <[email protected]>; Patty Ireland <[email protected]> Subject: [EXT] Grandstands Reimbursement Request
CAUTION: This email originated from outside of the organization. Do not click links, open attachments, or reply unless you recognize the sender and know the content is safe. Contact the ITDesk if you need assistance.
Good Morning Amanda,
Horse week is requesting the reimbursement of the cost of the Grandstands, for our joint venture, for "2024 Norco Horse Week Rodeo Event."
Please see the attached invoice for your records.
Please send the check to:
Norco Horse week Committee
P.O. Box 582
Norco, Ca.
92860
Thank you for your attention to this issue.
Life is as Easy ore as Hard as we Make it, Let's make it Easy together!!!! Sincerely,
Allen Holzbaugh
2024 Horse Week Grounds Director
951-217-9475
City Council
STAFF REPORT
Date: July 17, 2024 Agenda Item:
6.A.
To: Honorable Mayor and City Council Members
From: Alma Robles, Community Development Director
Prepared By: Alma Robles, Community Development Director Department: Planning
SUBJECT:
Public Hearing: First Read of Ordinance No.1120: Code Amendment 2024-04 (City of Norco) - A City initiated amendment to Title 15 of the Norco Municipal Code (NMC), Section 15.01.080 pertaining to “Work Exempt from Permit” to update/clarify the provisions and standards for animal keeping corrals that do not require a building permit.
RECOMMENDATION:
Adopt the first reading of Ordinance No. 1120, approving Code Amendment 2024-04.
SUMMARY:
Title 15 “Buildings and Construction", Section 15.01.080 - "Amendment—Section 105.2 (CBC PART 2, VOLUME 1)" includes a list of exemptions from the requirements for a building permit. Included in this list are self-supporting portable covered pipe corrals (with no walls/open on all sides, and no permanent foundation) not exceeding a maximum of 12 ft. x 24 ft. Code Amendment 2024-04 proposes to amend this section of Title 15 allowing for large animal keeping corrals to be enclosed up to 3 sides and includes further guidance on constructing and securing the corrals from movement due to wind.
BACKGROUND:
In 2022 during the regular triennial Building Code adoption, the City Council approved amendments to the California Building Code (Title 15), which included the list of "work exempt from permits" that has been in place for several years. This list for several years included self-supporting portable covered pipe corrals not exceeding a maximum of 12 ft. x 24 ft, provided they have no walls/open on all sides, and no permanent foundation.
Detailed criteria for portable covered pipe corrals originated via Resolutions adopted in 1996 and 1998 (ref. Exhibit "A" - Resolution 96-71 and 98-11).
The provision for exemption of these structures is reflected in Title 15, Section
15.01.080 of the NMC and currently reads as follows (only Items 10 and 15 of that section are listed since they pertain to the subject matter) Work Exempt from Permit. Exemptions from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of this code or any other laws or ordinances of this jurisdiction. A building permit shall not be required for the following:
Building:
10. Self-supporting portable covered pipe corrals not exceeding a maximum of 12 ft. x 24 ft. Provided the number of such structures is premised upon the number of animal units allowed on the property as regulated by the Norco Zoning Code. Furthermore, it is understood that covered corrals do not have any walls and are securely fastened to the surrounding corral fencing.
15. One story, portable, accessory structures used for livestock which do not have permanent foundations.
Recent input from residents and stakeholders highlighted the need for further flexibility, particularly the ability to have up to three enclosed sides on these structures to provide better shelter and protection for animals during adverse weather conditions, thereby enhancing animal welfare and the usability of the structures for animal keeping.
In response, Code Amendment 2024-04 proposes to amend, Title 15 “Buildings and Construction” of the NMC, Section 15.01.080 amendment—section 105.2 (CBC PART 2, VOLUME 1), specifically exemptions number 10 and number 15 pertaining to animalkeeping corrals and structures. Exemption number 10 is proposed to change to allow large animal-keeping roofed and side covered corrals to be enclosed up to 3 sides and includes further guidance of constructing and securing the corral from movement due to wind. Exemption number 15 is proposed to be removed since it would not apply with exemption 10 as amended.
Specifically, Section 15.01.080, Exemption 10 under the “Building Category” is proposed to be amended in its entirety to read as follows:
10. A 12 foot x 24 foot large animal-keeping roofed and side covered corral which is selfsupporting and per the following:
a. These corrals must be independently supported in increments no larger than 12 feet x 24 feet and an area of 288 square feet.
b. One 12-foot. x 24-foot corral is allowed for each animal unit (i.e. a horse, cow, sheep etc.,) per the requirements/allowances of the underlying zone. c. The corral may be enclosed on up to three (3) sides to create a “loafing” or “run-in” type of shelter for animals, provided a minimum 1-foot opening is kept at the top of the enclosure wall (between the wall and the roof) along the entire length of the enclosure wall with the longest dimension. This one foot “open-air” clearance is required to allow wind to pass through the corral and prevent overturning.
d. These corrals cannot exceed 14 feet in height at the roof peak, and 8 feet in height to the top of the corral walls.
e. These corrals are exempt from requiring a 10-foot separation between these corrals. Multiple corrals that meet the requirements of this section can be next to each other on the same parcel but must have a minimum 1- inch air-gap clearance between the roof of the corrals. Furthermore, these corrals cannot be permanently (rigidly) joined together to make a permanent corral larger than 288 square feet, but can have a temporary connection (i,e. clamps, bolts etc.) on the sides.
f. This exemption does not negate the required 5-foot setback from property lines, nor other requirements of maintaining animals as noted in the Zoning Code of the Norco Municipal Code.
g. Covered corrals must be secured to the ground by the means of a concrete “fence post” style footing, a minimum 18 inches deep x 6 inches in diameter, a 1- foot x 1-foot x 1-foot deep square concrete footing with anchor, or other type of soil anchor attachment to the ground that will prevent this corral from overturning in a wind event, and to prevent a hazard to the animal(s) itself. These footings must be easily removable or abandoned if this corral is moved or removed off the property. h. These corrals must be constructed of weather resistant materials including steel (pipe, iron, sheet metal etc..) or wood (pressure treated, painted wood, plywood, etc..), and be maintained in accordance with the Norco Municipal Code property maintenance standards.
Attached Exhibit "B" provides an example of what would be an exempt large animalkeeping roofed and side covered corral under the proposed amendment.
Planning Commission: The Planning Commission heard this item on the meeting of May 8 and June 12, 2024. The Planning Commission unanimously approved a resolution recommending approval to the City Council of Zone Code Amendment 2024-04 as noted above and reflected in attached Ordinance No.1120.
Conclusion: The proposed amendment promotes large animal/livestock keeping by providing more flexibility on the allowance for large animal-keeping roof and side covered corrals that create shelter without the need for a building permit, but with required building and safety criteria. By providing the ability to have up to three enclosed sides on these large animal-keeping covered corrals, better shelter and protection for animals during adverse weather conditions is provided, thereby enhancing animal welfare and the usability of these type of corrals.
FISCAL IMPACT:
Not applicable to this item.
RELATIONSHIP TO STRATEGIC PLAN:
This item is consistent with Strategic Direction No. 1 - Public Health, Safety & Wellness Enhance quality of life by promoting public health, safety and wellness initiatives for all community members.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
Ordinance No. 1120 for Code Amendment 2024-04, on Title 15 for Large Animalkeeping Corrals Exhibit A, Ord. 96-71 and Ord. 98-11- Covered Corrals
EXHIBIT B, Sample of Exempt Roofed and Side Covered Corral
ORDINANCE NO. 1120
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, APPROVING CODE AMENDMENT 2024-04: A CITY
INITIATED AMENDMENT TO TITLE 15, SECTION 15.01.080
PERTAINING TO “WORK EXEMPT FROM PERMIT” TO
UPDATE/CLARIFY THE PROVISIONS AND STANDARDS FOR LARGE
ANIMAL-KEEPING CORRALS THAT DO NOT REQUIRE A BUILDING
PERMIT IN THE CITY OF NORCO THEREBY SUPERSEDING CITY
COUNCIL RESOLUTIONS 96-71 AND 98-11.
WHEREAS, the CITY OF NORCO initiated Code Amendment 2024-04, a proposal to amend Title 15 – “Building and Construction”. Chapter 15.01 - “Administration Provisions for Title 15”, Section 15.01.080 - “Amendment—Section 105.2 (CBC PART 2, VOLUME 1), specifically exemptions numbers 10 and 15 for large animal/livestock keeping corrals; and
WHEREAS, the Code Amendment was duly submitted to said City’s Planning Commission for decision at a public hearing for which proper notice was given; and WHEREAS, the Code Amendment was scheduled for public hearing on May 8, 2024 and continued to the meeting of June 12, 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 Code Amendment; and WHEREAS, the Planning Commission adopted Resolution 2024-13, recommending approval of Code Amendment 2024-04 to the City Council; and WHEREAS, the Code Amendment was duly submitted to said City’s City Council for decision at a public hearing for which proper notice was given; and WHEREAS, the Code Amendment was scheduled for public hearing on July 17, 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 Code Amendment; and WHEREAS, Said Code amendment is exempt per CEQA Guidelines Section 15061(b)(3).
Ordinance No. 1120
August 7, 2024
NOW, THEREFORE, the City Council of the City of Norco, California, does hereby make the following FINDINGS AND DETERMINATION:
I. FINDINGS.
A. The proposed amendment promotes large animal/livestock keeping by providing more flexibility on the allowance for animal-keeping corrals without the need for a building permit, but with the required building and safety criteria. Specifically, by providing the ability to have up to three enclosed sides on these corrals better shelter and protection for animals during adverse weather conditions is provided, thereby enhancing animal welfare and the usability of the structures.
B. The proposed code amendment will provide property owners within the City limits of Norco, clear and understandable parameters for allowable large animal keeping corrals that do not require a building permit.
C. The proposed Code Amendment will not be detrimental to the public convenience, health, safety, or general welfare of the City because the amendment promotes animal keeping in zones that allow for large animalkeeping by right. Furthermore, the proposed amendment will allow for large animal-keeping corrals to be enclosed up to 3 sides and with guidance of constructing and securing the corral from movement due to wind.
D. Said code amendment is exempt from environmental review pursuant to State CEQA Guidelines Section 15061(b)(3), as there is no possibility that the proposed changes would have a significant impact on the environment.
II. DETERMINATION:
NOW THEREFORE, the City Council for the City of Norco does hereby approves Code Amendment 2024-04, thereby adopting Ordinance No 1120, as follows:
SECTION 1:
Title 15 – “Building and Construction”. Chapter 15.01 - “Administration Provisions for Title 15”, Section 15.01.080 - “Amendment—Section 105.2 (CBC PART 2, VOLUME 1), specifically under the “Building Category”, exemption number 10 shall be amended in its entirely as noted below, and exemption number 15 which shall be deleted in its entirety:
10. A 12 foot x 24 foot large animal-keeping roofed and side covered corral which is self-supporting and per the following:
Ordinance No. 1120
August 7, 2024
a. These corrals must be independently supported in increments no larger than 12 feet x 24 feet and an area of 288 square feet.
b. One 12-foot x 24-foot corral is allowed for each animal unit (i.e. a horse, cow, sheep etc.,) per the requirements/allowances of the underlying zone. c. The corral may be enclosed on up to three (3) sides to create a “loafing” or “run-in” type of shelter for animals, provided a minimum 1-foot opening is kept at the top of the enclosure wall (between the wall and the roof) along the entire length of the enclosure wall with the longest dimension. This one foot “open-air” clearance is required to allow wind to pass through the corral and prevent overturning.
d. These corrals cannot exceed 14 feet in height at the roof peak, and 8 feet in height to the top of the corral walls.
e. These corrals are exempt from requiring a 10-foot separation between these corrals. Multiple corrals that meet the requirements of this section can be next to each other on the same parcel but must have a minimum 1- inch air-gap clearance between the roof of the corrals. Furthermore, these corrals cannot be permanently (rigidly) joined together to make a permanent corral larger than 288 square feet, but can have a temporary connection (i,e. clamps, bolts etc.) on the sides.
f. This exemption does not negate the required 5-foot setback from property lines, nor other requirements of maintaining animals as noted in the Zoning Code of the Norco Municipal Code.
g. Covered corrals must be secured to the ground by the means of a concrete “fence post” style footing minimum 18 inches deep x 6 inches in diameter, a 1- foot x 1-foot x 1-foot deep square concrete footing with anchor, or other type of soil anchor attachment to the ground that will prevent this corral from overturning in a wind event, and to prevent a hazard to the animal(s) itself. These footings must be easily removable or abandoned if this corral is moved or removed off the property. h. These corrals must be constructed of weather resistant materials including steel (pipe, iron, sheet metal etc..) or wood (pressure treated, painted wood, plywood, etc..), and be maintained in accordance with the Norco Municipal Code property maintenance standards.
Ordinance No. 1120
August 7, 2024
SECTION 2. EFFECTIVE DATE: This Ordinance shall become effective 30 days after final passage thereof.
SECTION 3. SEVERABILITY: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance, and each section, subsection, sentence, clause, sentences, clauses, or phrases here of irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.
SECTION 4. POSTING: The Mayor shall sign this Ordinance and the City clerk shall attest hereto and shall cause the same within 15 days of its passage to be posted at no less than five public places within the City of Norco.
Ordinance No. 1120
August 7, 2024
PASSED AND ADOPTED by the City Council of the City of Norco, California at a regular meeting held August 7, 2024
__________________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on July 17, 2024, and thereafter at a regular meeting of said City Council duly held on August 7,2024, it was duly passed and adopted by the following roll call vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS THEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on August 7, 2024 ________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Ordinance No. 1120
August 7, 2024
EXHIBIT "A"
EXHIBIT "B"
City Council
STAFF REPORT
Date: July 17, 2024 Agenda Item:
6.B.
To: Honorable Mayor and City Council Members
From: William Otterman, Fire Chief
Prepared By: Sarah Muro, Emergency Services Assistant
Department: Fire
SUBJECT:
Public Hearing: Confirming the Report of Costs for Spring and Fall Weed Abatement, Fiscal Year 2023-24
RECOMMENDATION:
Adopt Resolution No. 2024-49, confirming the Report of Costs for abatement of weeds and hazardous vegetation as a public nuisance and imposing special assessment liens on vacant parcels within the City.
SUMMARY:
The Fiscal Year (FY) 2023-24 Weed Abatement Report of Costs lists property owners whose vacant parcels were abated by the CAL FIRE/Riverside County Fire Department's (CAL FIRE) weed abatement contractor for the Weed Abatement Program. After Council adopts the Resolution, CAL FIRE can impose special assessment liens on vacant parcels.
BACKGROUND:
CAL FIRE conducts field inspections twice a year on vacant lots within the city for weeds/tumbleweeds. Abatement for tumbleweeds is conducted every fall and abatement for weeds is conducted in the spring. Notices to abate fall tumbleweeds on vacant parcels were mailed to property owners on August 21, 2023, with a September 24, 2023 deadline to comply. Notices to abate spring weeds on vacant parcels were mailed to property owners on March 11, 2024, with an April 14, 2024 deadline to comply. Inspections for compliance for the Fall Abatement began September 25, 2023, while Spring Abatement inspections began on April 15, 2024. Four (4) lots failed inspection in the Fall of 2023 and four (4) lots failed in Spring of 2024. All lots that failed inspection received a $250.00 administrative fine. Chief Otterman authorized the weed abatement contractor, Warren Brothers Tractor Work, to remove weeds and hazardous vegetation from the vacant parcels who have not come into compliance.
The FY 2023-24 Weed Abatement Report of Costs lists the 8 property owners whose parcels were abated by Warren Brothers following the Chief's authorization ordering the abatement. The Report of Costs includes the contractor's charges and Fire's administrative fee. Property owners have been invoiced for these costs; and if not paid, property liens will be placed against the parcel though the Riverside County AuditorControllers Office.
FISCAL IMPACT:
Costs to abate weeds on vacant property are paid either by the property owner or through property tax liens.
RELATIONSHIP TO STRATEGIC PLAN:
This items is consistent with Strategic Direction #1. Public Health, Safety and Wellness:
Enhance quality of life by promoting public health, safety and wellness initiatives for all community members.
REVIEWED AND APPROVED BY:
Certified as to Availability of Funds: Lisette Free, Finance Director Approved by: Lori Sassoon, City Manager
Approved as to Form: Harper and Burns, LLP, City Attorney ATTACHMENT(S):
Resolution 2024-49_ Confirming Costs on Spring Weed Abatement- Spring Fall FY2023-24
Exhibt A- For Council FY 23-24
RESOLUTION NO. 2024-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NORCO,
CALIFORNIA, CONFIRMING THE REPORT OF COSTS FOR
ABATEMENT OF WEEDS AND HAZARDOUS VEGETATION AS A
PUBLIC NUISANCE AND IMPOSING SPECIAL ASSESSMENT LIENS
ON VACANT PARCELS WITHIN THE CITY
WHEREAS, the City Council declared that seasonal and recurring weeds and hazardous vegetation, growing upon and in front of vacant property in the City of Norco, constitute a public nuisance and also declared its intent to provide for abatement in accordance with Ordinance 1042 adopted on June 20, 2018; and WHEREAS, the Notice to Destroy Weeds and Hazardous Vegetation was given to property owners of vacant property in accordance with Chapter 13, Article 2, Section 39567.1 of the State of California Government Code and Norco Municipal Code Chapter 9, Article 40, Section 030; and
WHEREAS, an itemized report showing the cost to abate the nuisances that were on or in front of vacant parcels has been prepared and submitted to the City Council for confirmation; and
WHEREAS, a copy of the report of costs was posted near the door of the Council Chamber at least three days prior to the Public Hearing; and WHEREAS, the Public Hearing being held by City Council is for the purpose of receiving and considering the report of costs showing abatement costs and hearing objections from property owners liable to be assessed for such costs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Norco, California, does hereby find and declare that the FY 23-24 Weed Abatement Report of Costs, Exhibit “A” on nuisance abatement for vacant parcels is confirmed, and that the costs are also confirmed as special assessment property liens against the vacant parcels whose property owners do not pay the invoiced amount. ##
Resolution No. 2024-49
July 17, 2024
PASSED AND ADOPTED by the City Council of the City of Norco, California, at a regular meeting held on July 17, 2024.
____________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Norco, California, at a regular meeting thereof held on July 17, 2024, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on July 17, 2024. _________________________
Dana Roa, CMC, City Clerk
City of Norco, California
Attachment: Exhibit A – FY 23-24 Weed Abatement Report of Costs
NORCO FIRE DEPARTMENT
FY 2023-2024 WEED ABATEMENT REPORT OF COSTS
EXHIBIT "A"
PARCEL NO. OWNER OF RECORD
PARCEL
ACREAGE
FAILED
FALL/
SPRING
CONTRACTOR'S
FEE
ADMIN
FEE
TOTAL
CHARGE
121074014-6 betw 5373 & 5333 Roundup Rd. 0.50 F 150.00 150.00 $300.00 127331012-0 2830 Reservoir Dr. 0.20 F 130.00 130.00 $260.00 130240031-0 3636 Norconian Dr. 4.10 F 600.00 600.00 $1,200.00 168021003-3 west of 190 Mt. Rushmore Dr. 0.45 F 130.00 130.00 $260.00 121092016-4 next to 5203 Roundup Rd. 0.47 S 130.00 130.00 $260.00 127331012-0 2830 Reservoir Dr. 0.20 S 150.00 150.00 $300.00 133340022-2 south of 3540 South Fork Dr. 0.57 S 200.00 200.00 $400.00 168021003-3 west of 190 Mt. Rushmore Dr. 0.45 S 225.00 225.00 $450.00 Total 1715.00 1715.00 3430.00
REV 6/27/2024 Page 399 of 432 Page 1
City Council
STAFF REPORT
Date: July 17, 2024 Agenda Item:
6.C.
To: Honorable Mayor and City Council Members
From: Chad Blais, Public Works Director
Prepared By: Chad Blais, Public Works Director
Department: Public Works
SUBJECT:
Public Hearing: Code Amendment 2024-07 (City of Norco): A City initiated amendment to Norco Municipal Code Title 15, Chapter 15.60 - "Flood Plain Management" updating this chapter for compliance with FEMA requirements
RECOMMENDATION:
Adopt the first reading of Ordinance No. 1121, amending Chapter 15.60 (Floodplain Management) of Title 15 of the Norco Municipal Code. Code Amendment 2024-07 SUMMARY:
The proposed Ordinance is a FEMA initiated amendment to Title 15, Section 15.60 – Floodplain Management, intended to update the existing Floodplain Management regulations. These updates are necessary to align the new Flood Insurance Rate Map (FIRM), which will become effective on September 12, 2024. These revisions ensure that the City of Norco’s floodplain management regulations meet FEMA’s standards, thus maintaining the City’s eligibility for the National Flood Insurance Program (NFIP) and providing better protection against flood risks.
BACKGROUND:
The National Flood Insurance Program (“NFIP”) was established with the passage of the National Flood Insurance Act of 1968. The NFIP is a Federal program enabling property owners in participating communities to purchase insurance as a protection against flood losses in exchange for State and community floodplain management regulations that reduce future flood damages. The City of Norco is one of over 20,000 communities that participate in the Program.
As a participating community in the NFIP, the City is responsible for making sure its floodplain management regulations in Chapter 15.60 of the Municipal Code meet or exceed the minimum requirements of the NFIP. By law, the Department of Homeland Security's Federal Emergency Management Agency (“FEMA”) cannot offer flood
insurance in communities that do not have regulations that meet or exceed these minimum requirements.
The basis for the City's floodplain management regulations is the flood hazard data provided by FEMA in the form of a set of Flood Insurance Rate Map (“flood map”) panels and an accompanying Flood Insurance Study (“FIS”) report. The flood map provides the City with the information needed for land use planning, emergency management, and reducing flood risk to new development and infrastructure in the floodplain. Each time FEMA provides additional flood hazard data, the City must adopt new flood plain regulations or amend existing regulations to incorporate new data and meet any additional requirements that result from any changes to the data.
On March 12, 2024, FEMA issued a Letter of Final Determination for Riverside County, which provides a new flood map and flood study for the City of Norco. This final letter initiates a six-month adoption period during which the City of Norco must adopt or amend its floodplain ordinance. The flood map and flood study become effective at the end of the six months on September 12, 2024. The effective date is also the date NFIP flood insurance rates will be based on the new flood data for new construction built or NFIP policies issued after this date. The effective map will be the one that will be used by federally insured or regulated lenders to determine if flood insurance is required as a condition of a loan.
Earlier this year, FEMA representatives conducted a review of Chapter 15.60 in anticipation of a new flood map and study becoming effective in Riverside County. Their review concluded that the City's regulations meet the minimum standards provided the following changes were incorporated:
1. Add Severability provisions.
2. Missing definition of Base Flood Elevation.
3. Missing Letter of Map Change procedure.
4. Existing provisions conflict with California Model Ordinance The attached Ordinance No. 1121 incorporates the above changes, plus additional revisions made to correct errors and ensure Chapter 15.60 is consistent with California’s updated Model Floodplain Management Ordinance. The revised municipal code chapter has been deemed acceptable by FEMA representatives and has also been reviewed by the City Attorney.
Summary of key changes made:
1. Updated Definitions: Revised definitions to align with current FEMA terminology and standards. Included is the definition of “Base Flood Elevation” as required by FEMA.
2. Expanded Duties and Responsibilities of the Floodplain Administrator:
Expands the duties of the Floodplain Administrator by providing a detailed description of the permit review process and documentation requirements. It also includes new mandates for biennial reporting to FEMA.
3. Updated Development Permit Requirements: Updated application requirements for developments in special flood areas.
4. Enhanced Construction Standards: New requirements to ensure structures are better protected against flood damage.
5. Updated standards for Subdivisions, Manufactured Homes and Recreational Vehicles: Enhanced safety requirements for subdivisions, manufactured homes and recreational vehicles to ensure better protection against floods.
6. Addition of Severability Provision: This provision ensures that if any part of the ordinance is found invalid, the remainder remains in effect.
7. Updated Appeal Board Procedures: Updates Appeal Board procedures by requiring a public hearing for variance requests and expands the criteria the City Council must consider. Included is a procedure for handling Letters of Map Change.
IMPACT ANALYSIS PER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA): In accordance with the California Environmental Quality Act (“CEQA”), the proposed 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.
FISCAL IMPACT:
There is no fiscal impact resulting from these changes to Chapter 15.60 of the Norco Municipal Code.
RELATIONSHIP TO STRATEGIC PLAN:
Approval of this code amendment does not have direct nexus to established strategic plan goals.
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, LLP, City Attorney ATTACHMENT(S):
Norco Ordinance 1121 - Floodplain Management
01225.0005/901810.2
ORDINANCE NO. 1121
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NORCO, CALIFORNIA, AMENDING CHAPTER 15.60
(FLOODPLAIN MANAGEMENT) OF TITLE 15 OF THE
NORCO MUNICIPAL CODE TO ALIGN WITH UPDATED
FEMA GUIDELINES AND TO IMPROVE FLOOD
RESILIENCE
WHEREAS, The Legislature of the State of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local government unit’s authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and
WHEREAS, the City reviews and updates the provisions of Title 15, Buildings and Construction, from time to time to ensure the regulations therein are consistent with current standards and suited to current conditions and circumstances in the City of Norco; and
WHEREAS, pursuant to the California Health and Safety Code, Division 13, Part 1.5 and Part 2.5, the City of Norco is required to administer and enforce the California Building Standards Code, and such building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas; and WHEREAS, the Federal Emergency Management Agency (“FEMA”) has issued updated Flood Insurance Rate Maps (“FIRMS”) and guidelines to better identify flood hazards and manage flood risks; and
WHEREAS, the proposed Amendment aims to protect human life and health, minimize public and private losses due to flooding, and ensure the long-term resilience of the community against flood risks; and
WHEREAS, the City of Norco recognizes the need to update its floodplain management regulations to ensure they are consistent with current FEMA standards; to maintain the City’s eligibility for the National Flood Insurance Program (“NFIP”);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NORCO HEREBY DOES ORDAIN AS FOLLOWS:
SECTION 1: SUMMARY OF CHANGES
Summary of key changes made:
1. Updated Definitions: Revised definitions to align with current FEMA terminology and standards. Included is the definition of “Base Flood Elevation” as required by FEMA.
Ordinance No. 1121
2. Expanded Duties and Responsibilities of the Floodplain Administrator: Expands the duties of the Floodplain Administrator by providing a detailed description of the permit review process and documentation requirements. It also includes new mandates for biennial reporting to FEMA.
3. Updated Development Permit Requirements: Updated application requirements for developments in special flood areas.
4. Enhanced Construction Standards: New requirements to ensure structures are better protected against flood damage.
5. Updated standards for Subdivisions, Manufactured Homes and Recreational Vehicles: Enhanced safety requirements for subdivisions, manufactured homes and recreational vehicles to ensure better protection against floods.
6. Addition of Severability Provision: This provision ensures that if any part of the ordinance is found invalid, the remainder remains in effect.
7. Updated Appeal Board Procedures: Updates Appeal Board procedures by requiring a public hearing for variance requests and expands the criteria the City Council must consider. Included is a procedure for handling Letters of Map Change.
SECTION 2: REPLACEMENT OF CHAPTER 15.60 OF THE NORCO MUNICIPAL CODE
Chapter 15.60 of the Norco Municipal Code is hereby replaced in its entirety with the following:
Chapter 15.60 - FLOODPLAIN MANAGEMENT
Sections:
15.60.005 Statutory Authorization
15.60.010 Coordination with California Building Standards Code
15.60.015 Findings of Fact
15.60.020 Legislative Purpose
15.60.030 Methods of Reducing Flood Losses
15.60.040 Definitions
15.60.050 Lands to Which this Chapter Applies
Ordinance No. 1121
15.60.060 Basis for Establishing the Areas of Special Flood Hazard
15.60.070 Compliance
15.60.080 Abrogation and Greater Restrictions
15.60.090 Interpretation
15.60.100 Warning and Disclaimer of Liability
15.60.110 Severability
15.60.120 Designation of the Floodplain Administrator
15.60.130 Duties of the Floodplain Administrator
15.60.140 Development Permit
15.60.150 Appeals
15.60.160 Standards for Construction
15.60.170 Standards of Utilities
15.60.180 Standards for Subdivisions and Other Proposed Development
15.60.190 Standards for Manufactured Homes
15.60.200 Standards for Recreational Vehicles
15.60.210 Floodways
15.60.220 Nature of Variances
15.60.230 Conditions for Variances
15.60.240 Appeal board
15.60.250 Inspections
15.60.260 Violations
Ordinance No. 1121
15.60.005 - Statutory authorization.
The Legislature of the State of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local government the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the City Council of the City of Norco, County of Riverside, does hereby adopt the following floodplain management regulations.
15.60.010 - Coordination with California Building Standards Code.
Pursuant to the requirement established in State statute that the City of Norco administer and enforce the California Building Standards Code, the City Council of the City of Norco hereby acknowledges that the building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the building codes.
15.60.015 - Findings of fact.
A. The flood hazard areas of the City of Norco, County of Riverside are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
B. These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to the flood loss.
15.60.020 - Legislative purpose.
It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the City to all publicly and privately owned land within flood prone, mudslide [i.e. mudflow] or flood related erosion areas. These regulations are designed to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
Ordinance No. 1121
E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;
F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;
G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and
H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
15.60.030 - Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes regulations to:
A. Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities;
B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; D. Control filling, grading, dredging and other development which may increase flood damage; and
E. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
15.60.040 - Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
"A zone" see "Special flood hazard area."
"Accessory structure" means a structure that is either:
1. Solely for the parking of no more than two cars; or
Ordinance No. 1121
2. A small, low costs shed for limited storage, less than one hundred fifty square feet and one thousand five hundred dollars in value.
"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
"Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.
"Apex" means the point on an alluvial fan, or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
"Appeal" means a request for a review of the floodplain administrator's interpretation of any provision of this chapter.
"Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of Special Flood Hazard" see "Special flood hazard area." "Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood") Base flood is the term used throughout this chapter.
"Base flood elevation" (BFE) means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.
"Basement" means any area of the building having its floor subgrade, i.e., below ground level, on all sides.
"Building" means "Structure."
“Building Official” means the City Engineer.
"City" means the City of Norco.
Ordinance No. 1121
"Development" means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the City.
"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "FEMA" means the Federal Emergency Management Agency.
"Flood, flooding, or flood water" means:
1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and
2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (a)(1) of this definition.
"Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administrator has delineated both the areas of special flood hazards and the floodway. “Flood Elevation Study” means “Flood Insurance Study”
"Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administrator has delineated both the areas of special flood hazards and the risk premium zones applicable to the City.
Ordinance No. 1121
"Flood Insurance Study" means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations; or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
"Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source. See "Flooding."
"Floodplain Administrator" means the City official designated by title by the City Council to administer and enforce the floodplain management regulations by the City Council. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
"Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.
"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. For guidelines on dry and wet floodproofing, see FEMA Technical Bulletins TB 1, TB 3, and TB 7.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Also referred to as "Regulatory Floodway".
"Floodway fringe" means that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted.
"Fraud and victimization" as related to sections 15.60.240 through 15.60.260 of this chapter means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City Council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the City as a whole are
Ordinance No. 1121
subject to all the costs, inconvenience, danger and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity of water. The term includes only docking facilities and port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.
"Governing body" means the City Council of the City of Norco, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
"Hardship" as related to Sections 15.60.220 through 15.60.240 of this chapter relating to variances, means the exceptional hardship that would result from a failure to grant the requested variance. The planning commission shall require that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
"Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic structure" means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs.
Ordinance No. 1121
"Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. "Levee system" means a flood protection system which consists of a levee, or levees, and associated structures such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement.
See "Basement."
1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:
a. The wet floodproofing standard in Section 15.60.160(C)(3); b. The anchoring standards in Section 15.60.160(A);
c. The construction materials and methods standards in Section 15.60.160(B); or d. The standards for utilities in Section 15.60.170.
2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements. (See "Basement" definition). This prohibition includes below-grade garages and storage areas.
"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Market value" is defined in the City of Norco substantial damage/improvement procedures. See Section 15.60.130(B)(1).
"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a City's flood insurance rate map are referenced. "Mudslide" (i.e., mudflow) describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover
Ordinance No. 1121
and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain.
"Mudslide (i.e., mudflow) prone area" means an area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.
"New construction" for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of this chapter. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this City.
"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
"One-hundred-year flood" or "100-year flood." See "Base flood." "Program deficiency" means a defect in a community's floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations.
"Public safety and nuisance" as related to Sections 15.60.220 through 15.60.240 of this chapter relating to variances, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin. "Recreational vehicle" means a vehicle which is:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck; or
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4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. "Remedy a violation" means to bring the structure of other development into compliance with state or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
"Sheet flow area" means "Area of shallow flooding."
"Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, AI-A30, AE, A99, AH, E, M.
"Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty days from the date of the permit. The actual commencement of construction means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Start of construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an improvement only, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.
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"Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure." "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. "Violation" means the failure of a structure or other development or improvement to comply fully with the provisions of this chapter. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in this chapter is presumed to be in violation until such time as the owner thereof provides such documentation.
"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
15.60.050 - Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Norco.
15.60.060 - Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administrator in a scientific and engineering report titled "Flood Insurance Study (FIS)" for Riverside County
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and Incorporated Areas dated March 22, 2022 and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM's) and all subsequent amendments and/or revisions to such maps, are hereby adopted by reference and declared to be a part of this chapter and serve as the basis for establishing flood hazard areas. This FIS and attendant mapping are the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the floodplain administrator. The study and FIRM's are on file at 2870 Clark Avenue, City Hall, Norco Department of Public Works.
15.60.070 - Compliance.
No structure or land shall hereafter be altered, constructed, converted, developed, extended, located or used without fully complying with the provisions of this chapter and other applicable regulations. Violation of the requirements imposed by this chapter, and any condition imposed by the planning commission or floodplain administrator which have become final, shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such additional or other lawful action as is necessary to prevent or remedy any violation hereof.
15.60.075 - General Applicability.
These regulations, in conjunction with the building codes, provide minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and certain building work exempt from permit under the building codes; and other buildings and development activities
15.60.080 - Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
15.60.090 - Interpretation.
In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
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B. Liberally construed in favor or the governing body;
C. Deemed neither to limit, nor repeal any other powers granted under state statutes.
15.60.100 - Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.
This chapter shall not create liability on the part of the City, the City Council, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
15.60.110 - Severability.
This chapter and the various parts thereof are hereby declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.
15.60.120 - Designation of the Floodplain Administrator.
The City Manager of the City of Norco is hereby appointed to administer, implement, and enforce this chapter by granting or denying development permits in accordance with its provisions.
15.60.130 - Duties of the Floodplain Administrator.
The duties and responsibilities of the Floodplain Administrator, or designee, shall include, but not be limited, to the following:
A. Permit review. Review the development permits to determine:
1. Permit requirements of this chapter have been satisfied; including determination of substantial improvement and substantial damage of existing structures;
2. All other required state and federal permits have been obtained; Such permits include but are not limited to:
a) California Coastal Commission or certified Local Coastal Program, if applicable, for activities subject to the Coastal Development Permit requirements and policies of the California Coastal Act (Public Resources Code, Division 20).
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b) California State Water Resources Control Board for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.
3. The site is reasonably safe from flooding;
4. The proposed construction, development or encroachment does not adversely affect the carrying capacity within zones A1-30 and AE where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the City; and
5. All letters of map revision (LOMR) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on condition letters of map revision (CLOMR). Approved CLOMR's allow constructions of the proposed flood control project and land preparation as specified in the "start of construction" definition.
B. Development of substantial improvement and substantial damage procedures.
For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall:
1. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made;
2. Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure;
3. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage;
4. Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage; and
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5. Assure procedures are coordinated with other departments/divisions and Implemented by the floodplain administrator and building official.
C. Review and use of any other base flood data. When base flood elevation data has not been provided in accordance with Section 15.60.060, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Sections 15.60.160 through 15.60.210.
NOTE. A base flood elevation may be obtained using the methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (one hundred years) Flood Elevations", dated July 1995.
D. Notification of other agencies.
1. Alteration or relocation of a watercourse:
a) Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
b) Submit evidence of such notification to the Federal Emergency Management Agency; and
c) Assure that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained.
2. Base flood elevation changes due to physical alternations:
a) Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific date to FEMA for a letter of map revision (LOMR). Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
b) The analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Provided FEMA issues a Conditional Letter of Map Revision, construction of proposed flood control projects and land preparation for development are permitted, including clearing, excavation, grading, and filling. Permits for construction of buildings shall not be issued until the applicant satisfies the FEMA requirements for issuance of a Letter of Map Revision.
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Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
3. Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.
E. Documentation of floodplain development. Obtain and maintain for public inspection and make available as needed the following:
1. Certification required by Section 15.60.160(C)(1). (lowest floor elevations);
2. Certification required by Section 15.60.160(C)(2). (elevation or floodproofing of nonresidential structures);
3. Certification required by Section 15.60.160(C)(3). (wet floodproofing standard);
4. Certification of elevation required by Section 15.60.180(B). (subdivisions and other proposed development standards);
5. Certification required by Section 15.60.210(A). (floodway encroachments); and
6. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.
F. Map determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, for example, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 15.60.240.
G. Remedial action. Take action to remedy violations of this chapter subject to concurrence by the City Attorney.
H. Biennial report. Complete and submit biennial report to FEMA.
I. Planning. Assure City's General Plan is consistent with floodplain management objectives herein.
15.60.140 - Development permit.
A development permit shall be obtained before any construction or other development, including manufactured homes, within any special flood hazard area established in
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accordance with its definition in Section 15.60.060. Application for a development permit shall be made on forms furnished by the City. The applicant shall provide the following minimum information:
A. Plans in duplicate, drawn to scale, showing:
1. Location, dimensions and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location;
2. Proposed locations of water supply, sanitary sewer, and other utilities;
3. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;
4. Location of the regulatory floodway when applicable;
5. Base flood elevation information as specified in Section 15.60.060 or Section
15.60.160(C);
6. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all structures; and
7. Proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, as required in Section 15.60.160(C) of this Ordinance and detailed in FEMA Technical Bulletin TB 3.
B. Certification from a Registered Civil Engineer or Architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 15.60.160(C).
C. For a crawl-space foundation, location and total net area of foundation openings as required in Section 15.60.160(C)(3) of this Ordinance and detailed in FEMA Technical Bulletins 1 and 7.
D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
E. All appropriate certifications listed in Section 15.60.130(E) of this chapter.
15.60.150 - Appeals.
A. Any person aggrieved by any action or decision under this chapter may appeal same to the City Council.
B. Any failure to appeal any action, decision, determination or ruling hereunder by the floodplain administrator or City manager, within ten days thereof shall render such act, decision, determination or ruling final.
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Any decision on appeal by the City Council shall become final upon being signed by the Mayor or the City Council, provided that notice and a copy thereof shall be mailed to the aggrieved person within ten days of its signature or upon its mailing to such person on the date after such ten days.
15.60.160 - Standards of construction.
In all areas of special flood hazards, the following standards are required:
A. Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy.
B. Construction materials and methods. All new construction and substantial improvement of structures, including manufactured homes, shall be constructed:
1. With flood-resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation;
2. Using methods and practices that minimize flood damage;
3. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and
4. Within Zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
C. Elevation and floodproofing.
1. New construction and substantial improvement of any structure shall have the lowest floor, including basement, elevated to at least one (1) foot above the base flood elevation. Non-residential structures may meet the standards in subsection C.3 below. Upon completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a Registered Civil Engineer or Licensed Land Surveyor or verified by the City’s Building Inspector that elevation requirements have been met. Such certification and verification shall be provided to the Floodplain Administrator.
2. New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including basement, elevated above the highest adjacent grade at least one (1) foot higher than the depth number specified in feet on the FIRM, or at least two (2) feet if no depth number is specified. Nonresidential
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structures may meet standards in subsection C.3 below. Upon completion of the structure compliance to the elevation requirement shall be certified by a Registered Civil Engineer or Licensed Land Surveyor or verified by the City’s Building Inspector.
3. Nonresidential construction shall either be elevated in conformance with C.1 or C.2, above, or together with attendant utility and sanitary facilities:
a. Be floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water to a minimum of one (1) foot above the base flood elevation;
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. Be certified by a Registered Civil Engineer or Architect that the standards of this subsection are satisfied.
Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a Registered Civil Engineer or Licensed Land Surveyor, and verified by the City’s Building Inspector to be properly elevated.
Such certification and verification shall be provided to the Floodplain Administrator.
4. Nonresidential construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform with Section
15.60.160(C)(1), or:
a) Be floodproofed, together with the attendant utility and sanitary facilities, below the elevation recommended under Section 15.60.160(C)(1), so that the structure is watertight with walls substantially impermeable to the passage of water;
b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
c) Be certified by a Registered Civil Engineer or Architect that the standards of this Section 15.60.160(C)(2) are satisfied. Such certification shall be provided to the Floodplain Administrator.
5. Flood openings. All new construction and substantial improvement of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria:
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a) For non-engineered openings:
1. Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
2. The bottom of all openings shall be no higher than one foot above grade;
3. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; and
4. Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or b) Be certified by a Registered Civil Engineer or Architect.
6. Manufactured homes (see Section 15.60.190).
7. Garages and low-cost accessory structures.
a) Attached garages.
1. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood water. See Section 15.60.160(C)(3). Areas of the garage below the BFE must be constructed with flood resistant materials. See Section
15.60.160(B).
2. A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.
b) Detached garages and accessory structures.
1. "Accessory structures" used solely for parking (two-car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section
15.60.040, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:
a) Use of the accessory structure must be limited to parking or limited storage;
b) The portions of the accessory structure located below the BFE must be built using flood-resistant materials;
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c) The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;
d) Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE;
e) The accessory structure must comply with floodplain encroachment provisions in Section 15.60.210; and
f) The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with Section 15.60.160(C)(3).
2. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable Building Code standards.
15.60.170 - Standards for utilities.
A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate the following:
1. Infiltration of flood waters into the systems
2. Discharge from the systems into flood waters
B. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.
15.60.180 - Standards for subdivisions and other proposed development.
A. All new subdivision proposal and other proposed development, including proposals for manufactured home parks and subdivisions, greater than fifty lots or five acres, whichever is the lesser, shall:
1. Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BFE).
2. Identify the elevations of lowest floors of all proposed structures and pads on the final plans.
3. If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a Registered Civil engineer or Licensed Land Surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator:
a) Lowest floor elevation.
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b) Pad elevation.
c) Lowest adjacent grade.
B. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.
C. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
D. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.
15.60.190 - Standards for manufactured homes.
A. All manufactured homes that are placed, or substantially improved, on sites located:
(1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall:
1. Within Zones AI-30, AH, and AE on the City's Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to at least one (1) foot above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones AI-30, AH and AE, on the City's Flood Insurance Rate Map that are not subject to the provisions of Section
15.60.190(A) will be securely fastened to an adequately anchored foundation system to resist flotation collapse, and lateral movement and be elevated so that either the:
1. Lowest floor of the manufactured home is at least one (1) foot above the base flood elevation; or
2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six inches in height above grade.
Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a Registered Civil Engineer or Licensed Land
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Surveyor and verified by the City’s Building Inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.
15.60.200 - Standards for recreational vehicles.
A. All recreational vehicles placed on sites within Zones AI-30, AH and AE on the City's flood insurance rate map shall either:
1. Be on the site for fewer than one hundred eighty consecutive days; or
2. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or
3. Meet the permit requirements of Section 15.60.140 of this chapter and the elevation and anchoring requirements for manufactured homes in Section
15.60.190(A) of this chapter.
15.60.210 - Floodways.
Since a floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
A. Within an adopted regulatory floodway, the City of Norco shall prohibit encroachments, including fill, new constriction, substantial improvements, and other development, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice and certification by a Registered Civil Engineer is provided that the proposed encroachment shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
B. If Sections 15.60.210 (A) are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Sections 15.60.160 through 15.60.200.
C. Encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations may be permitted, provided that the applicant first applies for and fulfills the requirements for a Conditional Letter of Map Revision (CLOMR) and receives approval from the Federal Insurance Administrator to revise the FIRM and FIS in accordance with 44CFR 65.12.
15.60.220 - Nature of variances.
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The issuance of variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actual risk and will not be modified by the granting of a variance.
The variance criteria set forth in this section of this chapter are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of his chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels.
The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the governing body to help protect the residents and their property from flooding. This duty is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements of this chapter should be quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited.
Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
15.60.230 - Conditions for variances.
A. Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in Section 15.60.040 of this chapter) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic character and design of the structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
B. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.
C. Variances shall only be issued upon a determination that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the City Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to the elevation which the City Council believes will both provide relief and preserve the integrity of this chapter.
D. Any applicant to whom a variance is granted shall be given written notice over the signature of a City Official that:
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1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance, and
2. Such construction below the base flood level increases risks to life and property.
It is recommended that a copy of the notice shall be recorded by the floodplain administrator in the Office of the County of Riverside Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
E. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.
15.60.240 - Appeal board.
A. In passing upon requests for variances, the City Council shall hold a public hearing and consider all technical evaluations, all relevant factors and standards specified in this chapter, and the:
1. Danger that materials may be swept onto other lands to the injury of others; and
2. Danger of life and property due to flooding or erosion damage; and
3. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property; and
4. Importance of the services provided by the proposed facility to the community; and
5. Necessity to the facility of a waterfront location, where applicable; and
6. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; and
7. Compatibility of the proposed use with existing and anticipated development; and
8. Relationship of the proposed use to the specific plan, general plan and floodplain management program for that area; and
9. Safety of access to the property in time of flood for ordinary and emergency vehicles; and
10.Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
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11.Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water system, and streets and bridges.
B. Variances shall only be issued upon:
1. Showing of good and sufficient cause; and
2. Determination that failure to grant the variance would result in exceptional "hardship" to the applicant; and
3. Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see "Public safety and nuisance"), cause "fraud and victimization" of the public, or conflict with existing local laws or ordinances.
C. Variance may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Sections 15.60.250(A) through 15.60.250(D) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.
D. Upon consideration of the factors of Section 15.60.250 and the purposes of this chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
15.60.250 – Inspections
A. Inspections, in general. Development for which a permit for floodplain development is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.
B. Inspections of development other than buildings and structures. The Floodplain Administrator shall make or cause to be made, inspections of all development other than buildings and structures that is authorized by issuance of a permit for floodplain development under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine when development is undertaken without issuance of a permit.
C. Inspections of manufactured homes installations. The Floodplain Administrator shall make or cause to be made, inspections of installation, replacement, substantial improvements of manufactured homes in flood hazard areas authorized by issuance
Ordinance No. 1121
of a permit for floodplain development under these regulations. Upon installation of a manufactured home and receipt of the elevation certification required in Section
15.60.190 of these regulations the Floodplain Administrator shall inspect the installation or have the installation inspected.
D. Buildings and structures. The Building Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit, in accordance with the building code:
1. Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in the building code shall be prepared by a California Licensed Land Surveyor or Civil Engineer and submitted to the building official. For new or substantially improved non-residential buildings and structures, FEMA’s floodproofing certification should be required prior to final inspection.
2. Final inspection. Prior to the final inspection, certification of the elevation required in the building code shall be prepared by a California Licensed Land Surveyor or Civil Engineer and submitted to the building official.
15.60.260 – Violations
A. Violations. Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation.
A building or structure without the documentation of the elevation of the lowest floor, other required design certifications, or other evidence of compliance required by these regulations or the building code, is presumed to be a violation until such time as required documentation is submitted. Violation of the requirements shall constitute a misdemeanor.
B. Authority. The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner’s agent, or to the person or persons doing the work for development that is not within the scope of the building codes, but is regulated by these regulations and that is determined to be a violation.
C. Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law.
SECTION 3: EFFECTIVE DATE. This Ordinance shall become effective 30 days after final passage thereof.
SECTION 4: 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
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of the remaining portions of the Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, subsections, sentences, clauses, or phrases hereof irrespective of the fact that any one or more of the sections, subsections, sentences, clauses, or phrases hereof be declared invalid or unconstitutional.
SECTION 5: 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 on August 7, 2024.
______________________
Kevin Bash, Mayor
City of Norco, California
ATTEST:
________________________
Dana Roa, CMC, City Clerk
City of Norco, California
I, Dana Roa, CMC, City Clerk of the City of Norco, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Norco, California, duly held on July 17, 2024 and thereafter at a regular meeting of said City Council duly held on August 7, 2024, it was duly passed and adopted by the following vote of the City Council.
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Norco, California, on August 7, 2024.
_________________________
Dana Roa, CMC, City Clerk
City of Norco, California