The purpose of this chapter is to provide for the conduct of temporary uses of land, buildings, and other structures, which have the potential to adversely affect the public health, safety and welfare; to create an awareness of, and to implement State and local regulations deemed necessary to protect the public health, safety and welfare during the conduct of such uses; and to establish orderly procedures by which the City and sponsors of such temporary events may facilitate the conduct of the use(s) in conformity with such requirements. The intent is to ensure that such special events will be compatible with surrounding land uses, to protect the rights of adjacent residences and land owners, and to minimize any adverse effects on surrounding properties and the environment.
(Ord. 577 Sec. 2 (part), 1987)
For purposes of this chapter, the term "special event" shall mean any temporary use of lands, buildings, or structures for purposes of sales, advertising, or promotion of materials, goods and/or services, excepting "garage" or "yard sale" conducted on a residential premises in conformity with the provisions of Chapter 5.32. Such definition shall include, but not be limited to:
.021 
occasional or seasonal sales, such as "parking lot sales," "sidewalk sales," when limited to the sales of goods or materials normally merchandised within the confines of the building(s) adjacent to such sales;
.022 
seasonal sale of agricultural crops or products raised on site;
.023 
lots for the sales of holiday ornaments and/or decorations such as pumpkins, Christmas trees, or the like;
.024 
carnivals, circuses, rodeos, pony rides, and/or other traveling amusements which may include rides, games, booths, displays, or similar amusements and/or devices;
.025 
outdoor shows, exhibits or displays for arts and crafts, historic, patriotic, religious, or similar purposes;
.026 
parades, processions, dances, concerts, festivals, rallies, or similar temporary uses conducted outdoors and involving a large assemblage of persons;
.027 
temporary construction offices;
.028 
temporary advertising and/or promotional displays including but not limited to: temporary signs, flags, banners, pennants, statuary, balloons, spotlights, searchlights, or other devices located either on or off site to the location of any such special event which is intended or designed to identify, advertise, or promote the sale of goods, materials or services or the location thereof, subject to compliance with regulations for Special Events Signs outlined in Chapter 18.37, Signs.
(Ord. 577 Sec. 2 (part), 1987; Ord. 957 Sec. 1, 2013)
No person or organization shall conduct a special event without having first applied for and obtained the necessary Special Event Permits pursuant to the provisions of this chapter, and a City Business License in compliance with all procedures and requirements therefor.
Provided, however, that the following classes of temporary uses shall be exempted from permit requirements pursuant to the provisions set forth herein:
.031 
City sponsored events including but not limited to: horse shows, dances, fireworks displays, etc., conducted on City property and under the jurisdiction of the Director of Parks and Recreation.
.032 
Banquets, dances, and other occasional events sponsored by fraternal or charitable organizations and conducted on premises of such organization within an entirely enclosed building suitably designed to accommodate public assembly in conformance with the provisions of the Uniform Fire and Building Codes.
.033 
Permanent outdoor storage and sales of goods approved under a Conditional Use Permit or Site Plan review by the Planning Commission as permitted in each corresponding zone.
.034 
Outdoor display of merchandise for sale which does not extend past the footprint of a building, to include the front porch/patio or a portion of the sidewalk under the same roof of the building, provided all merchandise display areas are adequately delineated and do not obstruct any portion of parking spaces, parking lots, fire lanes, building entrances, or other areas required for public safety. Outdoor display of merchandise for sale shall be limited to the merchandise owned by the retail establishment that occupies the building where the merchandise is displayed or seasonal specialized merchandise associated with standard recognized holidays. Furthermore, payment of merchandise being displayed shall be made inside the building.
(Ord. 577 Sec. 2 (part), 1987; Ord. 957 Sec. 1, 2013)
The Board of Zoning Adjustment (B.Z.A.) is hereby delegated the authority to hear and approve, conditionally approve, or deny applications for Special Event Permits (S.E.P.) pursuant to the provisions of this chapter.
Provided, however, that any such decisions shall be subject to City Council action upon Council ordered review or the filing of an appeal by any aggrieved party in accordance with all procedures and requirements therefor.
(Ord. 577 Sec. 2 (part), 1987)
Application for any Special Event Permit (S.E.P.) shall be filed with the City Planning Division and determinations made on such applications in accordance with the following procedures and requirements:
.051 
Application Authority and Form: Applications for a Special Event Permit may be initiated by one or more owners of the property affected or an authorized agent(s) thereof. Such application shall be in writing and on a form as prepared by the Director of Community Development and prescribing the information deemed necessary for evaluation of the event. Any incomplete application shall not be accepted for filing.
.052 
Application Filing Fee: A filing fee as determined by City Council Resolution, and to defray the costs and expenses of the City in processing the application, shall be paid to the City's Planning Division concurrently with the filing of such application. No part of said fee shall be refundable, excepting as may specifically be authorized by the City Council for good cause shown.
.053 
Application Filing Time: In order to provide adequate time for comprehensive review of proposed events, completed application forms and all accompanying information and fees shall be submitted to the Planning Division for filing not less than 30 calendar days prior to the intended date for commencement of any special event excepting swap meets, parking lot or sidewalk sales, for which applications shall be submitted not less than 14 calendar days prior to intended date for commencement.
If the event is to be held in any City facility and/or publicly-owned property, such application shall be filed not less than 90 days prior to the date of intended commencement of the event.
(Ord. 577 Sec. 2 (part), 1987)
Applications for a Special Event Permit shall be considered and acted on by the Board of Zoning Adjustment at a hearing pursuant to the following procedures and requirements:
.061 
Hearing Date: Date of hearing shall be set by the Board's Secretary not later than fourteen (14) calendar days from the date the application is accepted as complete for filing. The Board's Secretary shall, no later than five (5) working days prior to the date scheduled for the hearing, notify the applicant in writing of the time, date, and place and purpose of said hearing.
Said notice shall be mailed to the applicant's address as stated on the application.
.062 
Conduct of Hearing: The Board may establish its own rules for the conduct of hearings hereunder, including public hearings, when deemed necessary to receive public testimony pertaining to the proposed temporary use or operational characteristics thereof.
The Board may also solicit comment and recommendations by such other agencies as it may deem necessary to ensure compliance with the intent and purpose of this chapter.
At the hearing the applicant shall have the right to present evidence through documents, witnesses and otherwise, in support of his application. Any interested person shall be heard and shall be allowed to present evidence either in support of or in opposition to the application. The Board may, after opening a hearing on an application for a Special Event Permit, find that it is in the public interest that the hearing be a public hearing and shall direct the Secretary of the Board to set the date, time and place thereof and to give notice in accordance with Section 18.43.06(3) of Chapter 18.43 of the City's Code.
The Board may, for any reason, continue a hearing hereunder, public or otherwise, to a time, date and place certain when it deems such action necessary for a proper determination of an application.
(Ord. 577 Sec. 2 (part), 1987)
In approving any application for Special Event Permit (S.E.P.) the Board of Zoning Adjustments is empowered to impose any reasonable conditions or limitations on the granting of the permit including but not limited to; hours and conduct of operation, provision of parking areas, signing and lighting, traffic circulation and access, temporary or permanent site improvements, provisions for emergency services, fire and police protection or security services, provisions for sanitary facilities, approval by appropriate health and safety agencies and compliance with requirements thereof, co-insurance of the City against liability and damages, surety for post-operational cleanup, and such other measures as deemed necessary to minimize detrimental effects on surrounding properties or to otherwise protect the public health, safety, and general welfare.
The Board also may require a cash deposit or cash bond to defray the costs of cleanup of a site by the City in the event the applicant fails to leave the property in a presentable and satisfactory condition, or to guarantee removal and/or reconversion of any temporary use to a permanent use allowed in the subject district.
In addition to standard conditions for the conduct of Special Events as provided for in accordance with procedures and requirements for Site Plan.
Reviews, Conditions for Approval of certain Special Events listed hereinafter shall include, but are not limited to the exceptional conditions set forth for such use(s) as follows:
.071 
Seasonal Retail Sale of Agricultural Products Raised on the Premises:
.0711 
The sales period shall not exceed ninety (90) days in any calendar year;
.0712 
No products shall be sold which are not raised on the premises excepting as may otherwise specifically be permitted.
.072 
Christmas Tree or Pumpkin Sales Lots:
.0721 
All such uses shall be limited to thirty (30) days of operation per calendar year;
.0722 
All awnings, tents, canopies or similar coverings shall be State Fire Manual (S.F.M.) listed as fire retardant and trees intended to be used in places of public assemblage shall be sprayed with a fire retardant material satisfactory to the Fire Chief;
.0723 
A sign shall be placed in such a position on the site as to be visible by all purchasers of trees. Said sign shall state: TREES INTENDED TO BE USED IN PLACES OF PUBLIC ASSEMBLAGE SHALL BE SPRAYED WITH A FIRE RETARDANT MATERIAL.
All trees sprayed with a fire retardant material shall have a tag affixed to their base with the following information:
.07231 
Type of material sprayed on tree;
.07232 
Date tree was sprayed:
.07233 
Name of permittee selling tree.
.0724 
Compliance with All Uniform Fire Code regulations to the satisfaction of the Fire Chief and inspection thereby prior to commencement of sales operations.
.073 
Outdoor Parking Lot and Sidewalk Sales, Art and Craft, Religious, Patriotic, Historic, or Similar Shows, Displays or Exhibits:
.0731 
All such uses shall be limited to a maximum cumulative total of fifteen (15) days per calendar year. Provided, however, that in addition to promotional events for commercial purposes special events such as car washes, bazaars, rummage sales or similar temporary uses, sponsored by qualified non-profit organizations for fund-raising purposes, may be allowed for a period not to exceed a cumulative total of ten (10) days per calendar year.
.0732 
No such event shall be permitted in any Residential Zone excepting on a church site, and any such event shall be setback not less than 100 feet from any residential area excepting as may otherwise be specifically permitted upon findings that no adverse impacts would result;
.0733 
All displays and sales areas shall be adequately delineated and shall not obstruct any fire lanes, building entrances, or other areas required for public safety.
.074 
Circuses, Carnivals, Rodeos, Pony Riding, or Similar Traveling Amusement Enterprises:
.0741 
Review and recommendation for approval by the City Parks and Recreation Commission, including any Conditions for Approval thereby, prior to commencement of the event;
.0742 
All such uses shall be limited to not more than fifteen (15) calendar days, or more than three (3) weekends, of operation in any 180-day period. To exceed this time limitation shall require the review and approval of a Conditional Use Permit as prescribed by the Norco Municipal Code. Provided, however, that the Board may grant one renewal or extension of any such permit for a period not to exceed fifteen (15) additional calendar days within any one calendar year period;
.0743 
No such event shall be permitted in any Residential Zone excepting in parks or church sites, and any facilities thereof shall be setback not less than 100 feet from any residential area excepting as otherwise permitted upon findings that no adverse impacts would result;
.0744 
Parking Provisions: The physical layout of the area set apart for the conduct of the special event, including area used for installation or storage of all equipment, shall be such that the parking area designed to serve the business is not reduced below the minimum required for such business by the provisions of the Norco Municipal Code. Further, special, designated parking accommodations for amusement enterprise workers and support vehicles shall be provided as required;
.0745 
Structural Requirements: For protection of the public safety use of any structures shall be subject to the following conditions:
.07451 
No structure or amusement device shall exceed the height of the adjoining business structure(s) or thirty (30) feet, whichever is the lesser height, excepting as may be determined by the Board to be non-detrimental to the other uses in the environs;
.07452 
Not less than two (2) weeks before erection of any structures including structures for amusement devices and rides, application must be made to the Building Department and all applicable building and electrical regulations must be complied with. For all rides, certificates of safety must be furnished to the Building Department, and no rides, amusement devices or concessions shall be put into operation until inspected and cleared by the Building Department not less than seventy-two (72) hours prior to commencement of operations;
.07453 
All structures will be available for inspection by the regulating department(s) seventy-two (72) hours in advance of the intended opening dates;
.07454 
All awnings, tents and air-supported structures must be State Fire Manual-listed as flame retardant and shall be subject to inspection and approval by the Fire Chief not less than seventy-two (72) hours prior to commencement of the event;
.07455 
Removal of temporary improvements will be made without damage to the demised premises; and provided, further, that should applicant fail to remove improvements, the City, at its option may require removal at the expense of the applicant;
.07456 
Conformance with all posted occupancy limitations;
.07457 
Conformance with all regulations regarding assemblies;
.0746 
Animal Control: The maintenance and display of animals shall be subject to the following:
.07461 
No wild or ferocious animals shall be displayed excepting upon submittal and approval of evidence that adequate protective measures have been taken to ensure the public health and safety;
.07462 
All animals kept and maintained on said premises shall be continually cared for according to laws and ordinances applicable thereto and according to reasonable standards set by the regulating departments;
.07463 
Applicant shall employ persons sufficient in number to operate and administer all facilities; provided however, that one person be present at all times on the premises to watch and care for all livestock, including horses, and improvements thereon;
.07464 
No minors shall be permitted in any area where any nondomesticated animals are penned or stored;
.0747 
Control of Alcoholic Beverages shall be required as follows:
.07471 
If alcoholic beverages are intended for on-site consumption, approval by the Norco City Council is required. Provided further that; not less than two (2) security guards must be present at all times. More security guards may be required if a large number of persons are present; and unless otherwise approved in writing by the City, all alcoholic beverages must be confined to a specific roped or barricaded location;
.07472 
Any sale of alcoholic beverages must be approved by the Alcoholic Beverages Control Board and evidence of such approval filed prior to commencement of the event;
.0748 
Use of City Facilities. If any proposed special event is to be held on City premises, the following additional provisions shall apply:
.07481 
Applicant cannot sell or offer for sale any merchandise, article or thing of any kind or nature whatever, or practice, carry on, conduct or solicit any trade, occupation, business or profession, without express approval by the regulating department;
.07482 
No beverages shall be sold, served or consumed from glass containers on City property;
.07483 
Any damages that occur during the duration of the event are the responsibility of the applicant;
.07484 
If requested by the City, applicant shall make available a veterinarian to check the livestock. The City reserves the right to make spot checks on the livestock;
.07485 
If chutes or additional fencing, etc. are required, application for them must be submitted in writing and approved by the regulating departments;
.0749 
Insurance and Surety for carnivals, circuses, rodeos and the like shall be provided as follows:
.07491 
Insurance coverage. Not less than two (2) weeks prior to the erection of any structure in connection with a special event, the operator or operators of said event shall furnish to the City Manager certificates naming the City of Norco as additional insured and showing that there is in full force and effect liability, property damage, fire, legal, completed operations and/or products and workman's compensation insurance covering every activity in the proposed special event.
Insurance shall be furnished in such amounts as will give to the City insurance coverage necessarily and reasonably commensurate with the activity being conducted and the quality and use of the structure to be constructed. The exact amount of coverage shall be determined by the Board or the City Manager at the time that the application for said use is made, based upon the evidence submitted at that time. However, in no event shall the insurance for any of the coverages found applicable, except the workman's compensation, be less than a minimum of five hundred thousand dollars ($500,000.00).
.07492 
Surety requirement. The Board may require the posting of a cash bond or passbook account in such amount as it may deem adequate and necessary to ensure post-operational clean-up and restoration of the affected site to pre-operational conditions of cleanliness.
Any such surety shall be refunded to the applicant when such site has been restored to the pre-operational conditions to the satisfaction of the Director of Community Development.
.075 
Model Homes: (Deleted by Ordinance 781, 2001).
.076 
Trailer coaches or mobile homes on active construction sites for use as temporary offices for security personnel. The following restrictions shall apply:
.0761 
The Board may approve a temporary trailer for the duration of the construction project or for a specified period, not to exceed two (2) years. If exceptional circumstances exist, a one (1) year extension may be granted, provided that the building permit for the first permanent dwelling or structure on the same site has also been extended;
.0762 
Installation of trailer coaches may occur only after a valid building permit has been issued by the City Building Department;
.0763 
Trailer coaches permitted pursuant to this section shall not exceed a maximum gross square footage of six hundred fifty (650) square feet in size (tongue not included);
.0764 
The trailer coach must have a valid California vehicle license and shall provide evidence of State Division of Housing approval as prescribed in the Health and Safety Code of the State of California. A recreational vehicle being defined as a motorhome, travel trailer, truck camper, or camping trailer, with or without motive power, shall not be permitted pursuant to this section;
.0765 
The temporary trailer coach installation must meet all requirements and regulations of the County Department of Public Health Services and the City Building Department;
.0766 
Any permit issued pursuant to this section in conjunction with a construction project shall become invalid upon cancellation or completion of the building permit for which this use has been approved, or the expiration of the time for which the approval has been granted.
.077 
Temporary Office Modules: The use of temporary structures, such as trailers or pre-fabricated structures for use as interim offices, may be considered in any district subject to the approval of a Special Event Permit subject to compliance with appropriate conditions as set forth for temporary sales offices as provided hereinbefore.
.078 
Parades, processions, concerts, and outdoor festivals:
Definitions: The word "parade" as used in this chapter is defined to mean a procession or congregation of two or more vehicles or persons moving on or along a public right-of-way, including but not limited to streets and sidewalks, which obstructs either vehicular or pedestrian traffic or draws attention to the vehicles or persons for reasons other than safety.
The term "outdoor festival" means any musical festival, dance festival, "rock" festival or similar musical activity, at which music is provided by paid or amateur performers or by pre-recorded means, which is held at any place other than in a permanent installation which has been constructed for the purpose of conducting such activities or similar activities, and to which members of the public are invited or admitted for a charge or free of cost.
Authority: The conduct of any parade, outdoor festival or other similar temporary activity involving a large assemblage of persons for purposes of amusement or entertainment shall be subject to approval by the Norco City Council in accordance with all procedures and requirements for the licensing of "Outdoor Festivals" as set forth in Chapter 5.44 of the Norco Municipal Code.
The Board of Zoning Adjustments shall act in an advisory capacity to the City Council in matters pertaining to such applications and shall forward appropriate recommendations to said Council for their consideration of approval or denial of any such permit inclusive of recommended Conditions of Approval therefor within the time limitations set forth in said Chapter 5.44.
.079 
Temporary commercial/truck parking areas: Temporary commercial truck parking businesses may be considered in any Commercial or Industrial Zone District subject to the approval of a Special Event Permit in accordance with the following criteria:
.0791 
The parking area shall be located not less than 200 feet from the boundary of any Residential or Agricultural Zone District.
.0792 
The parking area shall be surfaced to inhibit dust to the satisfaction of the City Engineer.
.0793 
Vehicle access and circulation shall be satisfactory to the City Engineer, and the lot upon which such business is to be conducted shall have direct access on a designated truck route.
.0794 
The operation shall be conducted in a safe and orderly manner.
.0795 
Approvals for the permit shall not exceed a period of one (1) year or extend beyond the date of January 1, 1990; provided, however, that any such permit may be renewed on a year to year basis subject to application for and approval of renewal of said permit pursuant to all procedures and requirements for approval of a Special Event Permit.
.0796 
Termination of temporary commercial truck parking areas. Approval of any permit for temporary commercial truck parking business shall expire and shall be null and void in the event of any of the following:
.01 A finding is made by the City Council that the operation is being conducted in a manner or location deemed to be hazardous to the safety and welfare of the general public.
.02 A finding is made by the City Council that a sufficient number of permanent commercial truck parking areas exist within or near Norco City limits.
.03 The use is being conducted after January 1, 1990.
Provided further, that use of any and all temporary commercial parking areas shall cease and desist by not later than January 1, 1990, and no permits shall be approved to extend such operations beyond said date. Further, this section shall be null and void in its entirety on January 1, 1990, and shall be removed from this chapter.
(Ord. 588, Sec. 2, 1989; Ord. 577 Sec. 2 (part), 1987; Ordinance 781, 2001)
The applicant for a Special Event Permit shall have the burden of proving that the proposed activity is temporary in nature. Provided further, that neither the Board of Zoning Adjustment, nor the City Council on appeal or its own initiated review may grant a Special Event Permit for any activity, unless it has first found from the evidence admitted during the hearing before the Board of Zoning Adjustment or Council that the proposed activity at the proposed location will not be detrimental to the public health, safety, convenience and general welfare, and will be in harmony with the various elements and objectives of the City's General Plan.
Prior to making such findings the Board of Zoning Adjustment or Council should in its deliberation consider whether the proposed use at the proposed location is detrimental to other existing and permitted uses in the general area thereof, and related properly to the existing City street system in the area thereof.
(Ord. 577 Sec. 2 (part), 1987)
In the performance of its duties hereunder the Board may approve, conditionally approve or deny any application.
The Board shall, no later than ten (10) calendar days after the close of the hearing on any application announce its decision by written resolution, stating its findings and reasons for such decision.
The Board shall forward a copy of said Resolution to the applicant by mail within five (5) working days after said Resolution is adopted and signed by the Board's Secretary.
The Board shall keep accurate records of all its proceedings hereunder. Said records shall include but not be limited to a summary of all pertinent testimony offered at the hearing, the names and addresses of persons testifying, copies of all notices, affidavits of posting and publication. Such records shall be a part of the permanent files of the case and be retained in the office of the City's Planning Department.
(Ord. 577 Sec. 2 (part), 1987)
If an application for a Special Event Permit is granted by the Board, it shall not become effective until ten (10) calendar days have elapsed from the date the Board has made its determination, or from the date of the next regular City Council meeting after said determination, whichever occurs later in time, during which period a written appeal therefrom may be taken to the City Council by any person aggrieved or affected by any determination by the Board, or, the City Council may initiate review of such, including any condition or requirement imposed thereon or until any conditions precedent to its effectiveness have been fulfilled, whichever is later in time.
(Ord. 577 Sec. 2 (part), 1987)
Any applicant or aggrieved person may appeal any determination of the Board or any condition or requirement of the Special Event Permit to the City Council, or, the Council may order a review of said determination or any condition or requirement thereon in the manner stated in Section 18.43.06(14) of Chapter 18.43 of the City's Code. Said appeal or Council-ordered review shall be considered in accordance with the applicable procedural requirements enumerated in Section 18.43.06 (11), (13), and (15) through (21) of Chapter 18.43 of City's Code, including those provisions relating to the Stay of Proceedings and Effective Date of the permit. An appeal fee to defray the costs and expenses of the City in processing an appeal, in an amount as established by Resolution of the City Council, shall be paid to the City Clerk prior accepting of a Notice of Appeal for filing. No part of said fee shall be refundable to applicant.
(Ord. 577 Sec. 2 (part), 1987)
Any Special Event Permit shall become null and void on the expiration date specified for such permit excepting as may otherwise be extended by the Board of Zoning Adjustment for good cause shown in conformance with all procedures and requirements for the granting of an extension of time.
(Ord. 577 Sec. 2 (part), 1987)
A Special Event Permit granted hereunder may be suspended or revoked by the City Council for the following reasons and in the following manner:
The Council may suspend or revoke a Special Use Permit granted hereunder if it finds:
.1301 
The permitted use is being conducted in a manner which is detrimental to the public health, morals, peace, safety and welfare of City, or constitutes a public nuisance;
.1302 
The permittee acquired the Special Event Permit by making or causing to be made factual misrepresentations, material non-disclosures or false or misleading statements in its application for such permit or in any statement or representations to the Board of Zoning Adjustment or Board of Appeals or Council related thereto;
.1303 
No suspension or revocation shall be ordered until the Council has, upon its own motion, served or caused to be served upon the permittee a notice specifying the grounds for said proposed suspension or revocation and fixing a time, date and place at which the Council shall hear and determine the factual basis for the grounds of the proposed suspension and revocation, which time and date shall not be less than three (3) days from the date of the service of the notice, at which time, date and place the permittee shall have the opportunity to be heard and make his defense against any complaints and allegations made as to his activities pursuant to this Chapter; and provided further, however, that when such permit is suspended or revoked the Council shall notify the permittee in writing and give the reasons for such suspension and revocation;
.1304 
Exception to noticing requirement. Such notice and time limit may be waived in any instance where conduct of the use is deemed to constitute a threat or hazard to the public health and safety;
.1305 
When a permit has been revoked, no other permit shall be issued hereunder to the same permittee within one calendar year of the date of revocation.
(Ord. 577 Sec. 2 (part), 1987)
No person shall reapply for a similar Special Event Permit, if an application for such has been denied within a period of one (1) calendar year from the date of the final decision on a previously similar application, unless such final decision was a denial of the application without prejudice.
(Ord. 577 Sec. 2 (part), 1987)
If any use or uses, as provided in Section 18.51.020 are conducted on property owned or leased by public agencies and the use of such property is regulated and controlled by said public agency, said uses shall not be subject to the provisions and requirements of Chapter 18.51 of the Municipal Code of Norco; provided, that the period for the exercise of such uses does not exceed five (5) consecutive days or two (2) successive weekends in a twelve (12)-month period.
(Ord. 577 Sec. 2 (part), 1987)