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HomeMy WebLinkAboutItem No. 2CITY OF LADE LSI110RJE DREAM EXTREME,. REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION FROM: WARREN MORELION, AICP ACTING COMMUNITY DEVELOPMENT DIRECTOR DATE: MAY 1, 2012 SUBJECT: ZONE CODE AMENDMENT NO. 2012-01 - A REQUEST TO AMEND PORTIONS OF CHAPTERS 17.08, 17.20, 17.104 and 17.128 OF THE LAKE ELSINORE MUNICIPAL CODE TO IMPLEMENT RESIDENTIAL BOAT DOCK STANDARDS. APPLICANT: CITY OF LAKE ELSINORE, 130 SOUTH MAIN STREET, LAKE ELSINORE, CA 92530 Background On July 26, 2011, the City Council directed staff to form a Subcommittee for the purpose of establishing boat dock standards for residential properties abutting Lake Elsinore. The goal of the standards is to provide a set of guidelines to help reduce costs and streamline the permitting process for residential boat docks that substantially conform to the established standards. A moratorium for residential boat docks was enacted by the City Council until such time the new standards are in place. Over the past several months, the Residential Boat Dock Subcommittee has met on an ongoing basis in an effort to draft residential boat dock standards. The Subcommittee also researched the cities of Big Bear and Canyon Lake, which manage lakes in an attempt to fully understand residential boat dock designs and their projected application to properties surrounding Lake Elsinore. In addition, the Subcommittee hosted two separate meetings with shoreline property owners to solicit input pertaining to residential boat dock standards. The meetings were very productive and gave staff crucial insight from the owners on how they believed the proposed standards will apply to their properties. The attached draft standards are a collaborated effort of the City, the Residential Boat Dock Subcommittee and the lakeshore residents (Attachment No. 3). PC May 1, 2012 Item No. 2 Page 1 of 53 Zone Code Amendment 2012-01 May 1, 2012 Page 2 of 4 Discussion The City of Lake Elsinore does not currently have design standards in place for the construction and maintenance of residential boat docks. In the past, each dock was approved on a case-by-case basis with no set standards for design or construction. As a result, the need for boat dock standards is necessary to ensure that docks meet consistent standards (similar to building code requirements) and have an appearance that balances future needs of shoreline property owners with those of the general public forthe safe enjoyment of the Lake. It is also important that the materials used to construct the boat docks are safe for the environment and ecosystem of Lake Elsinore. The residential boat dock standards are drafted to give residential property owners a mechanism to design, construct, and install residential boat docks in a timely manner with minimal cost. The standards are organized in three major sections: Definitions, Application Review Process and Standards for Residential Private Docks. Definitions: The definitions section provides key definitions that apply to the development, design, and construction of residential boat docks. Application Review Process: It is the City's desire to streamline the permitting process of residential boat dock applications, provided the applications substantially conform to the established standards. If a proposed residential boat dock meets all of the standards, the goal of the City is to process the application through the Building & Safety Division, with review and approval by the Planning Division and Lake Department within ten working days. The cost of the permit is based upon the valuation of the boat dock. If the applicant deviates from the approved standards, the submittal of a special conditional use permit is required, similar to the process for approval of commercial boat docks within the City. Standards for Residential Private Docks: The City has established standards for private residential boat docks to inform shoreline property owners of the minimum requirements needed to obtain a permit for placing a residential dock on Lake Elsinore. The Standards for Residential Private Docks section is broken down into several subsections (Submittal Requirements, Submittal of Pre-Approved Dock Construction Plans & Specifications, General Standards, Development Standards, Design Criteria, and Permit) that provide guidelines for the design and placement of residential docks. The guidelines identify the submittal requirements and overall development standards. The development standards include such important aspects as the number of docks allowed per property, dock setbacks, dock anchoring, type of docks permitted, and dock construction materials. The standards also outline the annual permitting process and insurance requirements. PC May 1, 2012 Item No. 2 Page 2 of 53 Zone Code Amendment 2012-01 May 1, 2012 Page 3 of 4 As currently proposed, the Safety and Construction Standards for Residential Docks (hereinafter "Standards") will be adopted byway of an amendment to Title 15 of the LEMC - specifically as Chapter 15.76. Title 15 governs buildings and construction within the City. While passage of an ordinance amending Title 15 of the LEMC does not require review by the Planning Commission, the Subcommittee was also concerned with implementing the Standards in such a way that a property owner could easily take advantage of the Standards to construct a private residential boat dock as a "permitted use" on his or her land irrespective of the various designated land uses surrounding the Lake. In order to address that hurdle, amendments to the zoning code are necessary. Three existing zones affect properties surrounding the Lake: Chapter 17.20 - (L) Lakeshore Overlay District Chapter 17.104 - (R) Recreational District Chapter 17.128 - C-P Commercial Park District Each of these zones include various regulations relating to docks, boat landings, piers and the like. In amending Chapters 17.20, 17.104, and 17.128 along with adding a definition in Chapter 17.08, staff has strived for consistency. Accordingly, the proposed amendments consistently allow a property owner the right to place a dock on his or her property as a '.permitted use" if the dock complies with the Standards. Any boat dock, launch or pier not falling within the permitted use category (that is, not complying with the Standards) are still allowed within all of the above-referenced zones but require a conditional use permit. This should be a welcome change. Previously, the zoning code provided that a dock in Lakeshore Overlay District was a permitted use while a dock or pier in the Commercial Park District and Recreational District were conditional uses. In order to assist the Commission's review, a "redline" showing the actual insertions and deletions to the zoning code is attached as part of the exhibits to the draft ordinance. Environmental Determination The Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. 15000 et seq.), pursuant to Section 15060.b.3 (Review for Exemption) - The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Recommendation Adopt Resolution No. 2012- recommending the City Council of the City of lake Elsinore approve Zone Code Amendment No. 2012-01. PC May 1, 2012 Item No. 2 Page 3 of 53 Zone Code Amendment 2012-01 May 1, 2012 Page 4 of 4 Approved By: Warren Morelion, AICP\k Acting Community Development Director Attachments: 1. Planning Commission Resolution No. 2012- 2. Draft City Council Ordinance (Chapters 17.08 - Definitions, 17.20 - (L) Lakeshore Overlay District, 17.104-(R) Recreational District and 17.128-C-P Commercial Park District) 3. Draft City Council Ordinance (Chapter 15.76) 4. Draft Safety and Construction Standards for Residential Docks PC May 1, 2012 Item No. 2 Page 4 of 53 RESOLUTION NO. 2012- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING APPROVAL OF THE AMENDMENT TO THE CITY OF LAKE ELSINORE MUNICIPAL CODE, TITLE 17 - ZONING, CHAPTER 17.08 - DEFINITIONS, CHAPTER 17.20 - (L) LAKESHORE OVERLAY DISTRICT, CHAPTER 17.104 - (R) RECREATIONAL DISTRICT AND CHAPTER 17.128 - C-P COMMERCIAL PARK DISTRICT (ZONE CODE AMENDMENT NO. 2012-01) WHEREAS, there are no existing regulations establishing standards for private residential boat docks in the Lake Elsinore Municipal Code (LEMC); and WHEREAS, certain use designations involving boat docks, boat landings, boat ramps and piers need to be updated for purposes of providing consistency within the city's zoning ordinance; and WHEREAS, Government Code Section 65860 requires that a city's zoning ordinance be consistent with its general plan; and WHEREAS, public notice of the Amendment has been given and the Planning Commission of the City of Lake Elsinore has considered the evidence presented by the Community Development Department and other interested parties at a public hearing held on May 1, 2012 with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RECOMMEND AS FOLLOWS: SECTION 1. Prior to making a recommendation to the City Council, the Planning Commission has reviewed and analyzed the proposed Amendment pursuant to the California Planning and Zoning Laws (Cal. Gov. Code 65000 et seq.), the Lake Elsinore General Plan and the Lake Elsinore Municipal Code (LEMC) and finds and determines that the proposed Amendment is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan and the LEMC. SECTION 2. That in accordance with the California Planning and Zoning Law and the LEMC, the Planning Commission hereby makes the following findings for the Amendment to the LEMC: 1. The proposed amendment and additions will not be a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. a. The proposed amendments have been analyzed relative to their potential to have detrimental effects. The proposed amendments will PC May 1, 2012 Item No. 2 Page 5 of 53 PLANNING COMMISSION RESOLUTION NO. 2012- Page 2 of 4 be beneficial to the public health, safety, comfort and welfare and will improve public safety on the Lake. 2. The proposed amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. a. The proposed amendment provides for continued use of dock, ramps and piers that are permitted uses and conditional uses, thereby enabling a property owner to determine the highest and best use of his or her land. b. The proposed amendment will provide standards for private residential boat docks to ensure that such docks are constructed in a consistent manner. 3. The proposed amendments are categorically exempt. a. The amendments will not affect a physical change to the environment. Boat docks and similar structures are currently allowed in the three affected zones and will continue to be allowed. The amendments merely delineates between docks that are a permitted use and dock that are a conditional use. SECTION 3. Based upon the evidence presented, both written and testimonial, and the above findings, the Planning Commission hereby recommends approval of the Amendment to the City of Lake Elsinore Municipal Code, Title 17 - Zoning, amending Chapter 17.08 - Definitions, Chapter 17.20 - (L) Lakeshore Overlay District, Chapter 17.104 - (R) Recreational District and Chapter 17.128 - C-P Commercial Park District. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 1st day of May 2012. Shelley Jordan, Chairperson City of Lake Elsinore PC May 1, 2012 Item No. 2 Page 6 of 53 PLANNING COMMISSION RESOLUTION NO. 2012- Page 3 of 4 ATTEST: Warren Morelion, AICP Acting Community Development Director PC May 1, 2012 Item No. 2 Page 7 of 53 PLANNING COMMISSION RESOLUTION NO. 2012- Page 4 of 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, WARREN MORELION, Acting Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2012- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 1St day of May 2012, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Warren Morelion, AICP Acting Community Development Director PC May 1, 2012 Item No. 2 Page 8 of 53 ORDINANCE NO. 2012- ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE LAKE ELSINORE MUNICIPAL CODE, TITLE 17 - ZONING, CHAPTER 17.08 - DEFINITIONS, CHAPTER 17.20 - (L) LAKESHORE OVERLAY DISTRICT, CHAPTER 17.104 - (R) RECREATIONAL DISTRICT AND CHAPT - 17..8 - C-P COMMERCIAL PARK DISTRICT " WHEREAS, there are no existing i residential boat docks in the Lake Elsinore WHEREAS, certain use designations ramps and piers need to be updated for pu city's zoning ordinance.; and WHEREAS, Government Code ordinances be consistent with its general WHEREAS, after considering regular meeting held on May 1, 20, Elsinore recommended that the City Title 17 -Zoning, amending Cha r Overlay District, Chapter 17.1 Commercial Park Distr the Cit the C omm hearin his item. private locks; ~"MO cgs, boat ing cons 1Q within the 65860 f ~5at a city's zoning additions to the LEMC at a slon of the City of Lake Itendments to the LEMC, 3pter 17.20 - (L) Lakeshore And Chapter 17.128 - C-P t and other interested parties ards at for a public WHEREAS, public " e amendment and additions have been given and y Council of the City 'Wore has considered the evidence presented by ' " menu g = g with THEREF CITY COUNCIL OF THE CITY OF LAKE ELSINORE, R IA. DOES HER t2DAIN AS FOLLOWS: N 1. The Ci uncil has reviewed and analyzed the proposed SECTION 2. The Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. 15000 et seq.), pursuant to Section 15060.b.3 (Review for Exemption) - The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in PC May 1, 2012 Item No. 2 Page 9 of 53 ORDINANCE NO. 2012- PAGE 2 of 4 question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 3. That in accordance with the State Planning and Zoning Law, the City Council hereby makes the following findings for the approval of the amendments to the LEMC, Title 17 - Zoning, amending Chapter 17.08 - Definitions, Chapter 17.20 - (L) Lakeshore Overlay District, Chapter 17.104 - (R) reati al District And Chapter 17.128 - C-P Commercial Park District.: 9 W 1. The proposed amendment and additi safety, comfort or general welfare of neighborhood of the proposed amend property or improvements in the neig[ a. The proposed amendments potential to have detrimental Alts. be beneficial to the public ealt safety, improve public safety on 2. The proposed amendment consistent with its constraii adjacent properties. a. The propc and piers enabling a or her lane the to the health, n .within the ti 60s to the relative to their amendments will I welfare and will :lopment of the area more compatible with ldment %'eine'the continued use of dock, ramps permi nd conditional uses, thereby owner thighest and best use of his provide standards for private residential h docks are constructed in a consistent are categorically exempt. I not affect a physical change to the environment. filar structures are currently allowed in the three will continue to be allowed. The amendments tween docks that are a permitted use and dock use. SECTION 4. Based upon the evidence presented, both written and testimonial and such other matters as reflected in the record, and the above findings, the City Council hereby adopts the following amendments to the Lake Elsinore Municipal Code, Title 17 - Zoning, as follows: (a) amending Chapter 17.08 - Definitions as set forth in Exhibit "A" attached hereto and incorporated by reference herein; (b) amending Chapter 17.20 - (L) Lakeshore Overlay District as set forth in Exhibit "B" attached hereto and incorporated by reference herein; and (c) amending Chapter 17.104 - (R) Recreational PC May 1, 2012 Item No. 2 Page 10 of 53 ORDINANCE NO. 2012- PAGE 3 of 4 District as set forth in Exhibit "C attached hereto and incorporated by reference herein; and (d) amending Chapter 17.128 - C-P Commercial Park District as set forth in Exhibit "D" attached hereto and incorporated by reference herein; . SECTION 5. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Or . nce znd are hereby declared to be severable. A b, SECTION 6. This Ordinance shall take w ,thin . z after the date of its final passage. The City Clerk shall certify a dopfo " • ancend cause 'F ~f this Ordinance to be published and posted uir I him PC May 1, 2012 Item No. 2 Page 11 of 53 PASSED, APPROVED, AND INTRODU'G , regular m6TeTu f the City Council of the City of Lake Elsinore, Californi day of May, 2012, and adopted at a regular meeting of the City Council l- he a Elsinore, California, the to day of nn,., 2012 ORDINANCE NO. 2012- PAGE 4 of 4 AYES: NOES: ABSEl' ABSTP PC May 1, 2012 Item No. 2 Page 12 of 53 EXHIBIT "A" 17.08.180 R definitions. "Recreational apparatus or vehicle" means any device or recreational purposes and which, with the exceptior not currently registered for operation on public s - -ts camper units, shells, travel trailers, vehicle trail kil gliders, off-highway vehicles, and other devic d 1 II Restaurant. See "Eating place." be used for camping rd/or utility trailers, is ut not limited to, ls, airplanes, and "hich nursing, :scents, invalids, and hich persons suffering r ontagious or it primary treatments are or hospitals or in which le to a mental hospital. or merchandise directly to the ultimate access from interior of a principal PC May 1, 2012 Item No. 2 Page 13 of 53 "Retail" means the selling o 3 1 EXHIBIT "B" Chapter 17.20 (L) LAKESHORE OVERLAY DISTRICT Purpose. Lake shoreline area defined. Definitions. Permitted uses. Conditional uses. Prohibited uses. Violations. Development standards. Parking. Materials to be submitted. Nonconforming uses. Enforcement authority. Imposition of fines. Administrative app Liberal constructs nflic 17.20.010 Purpose. Mc t is to ensure that retention of certain wa ted activities are in conformance with the Irce Lakeshore Overlay District may be LEMC 17.20.040 or, when authorized by the City in LEMC 17.20.050. An additional purpose of the lement the relevant General Plan programs and give herein defined. [Ord. 772 § 17.05.010, 1986. Code 17.20.020 Lake The Lakeshore Overlay District shall apply to the lake shoreline area defined as extending from Lakeshore Drive right-of-way southwesterly to the State park ownership boundary or elevation 1,240 feet mean sea level and from Main Street northwesterly to Iowa Street, a distance of approximately 3.45 miles. PC May 1, 2012 Item No. 2 Page 14 of 53 In any base district where the district symbol is followed by, as a part of such symbol, a parenthetically enclosed letter(s) "L," thus "(L)," the additional requirements, limitations and standards contained in this section shall apply. The district symbol shall constitute the "base district" and "L" suffix shall constitute the "overlay district." In the event of conflicting provisions of such a combined district, the requirements of the L district shall take precedence over the requirements of the base dis ' t. Used permitted by the L district, must in each instance be in compliance with th s " mitted by the applicable base district regulations and any othe erl` gulations. [Ord. 772 § 17.05.020, 1986. Code 1987 § 17.05.020]. 17.20.030 Definitions. For the purpose of this title, certain words and chapter. A. "Litter" shall include, but not be Iii placing, depositing, or sweeping, or materials on any land or water in ott containers, as so designated. m B. "Private encroachment" willfully or negligently com 1. Enters upon 2. Any 3. 'upon any land, naT person; and 4. Enten~ land, whether un - Lena , but 3s by as set out in this t th : 1ng, dropping, any waste matter or to, any and every person who lowing acts: any other person; owned by that person; another or not by that person, whether posted or f by another or not by that person, posted or not, by prohibitive/restrictive entrance, by any person. C. Illegal Parking ot" _ "Vehicle" shall be defined as outlined within the State of California Vehicle Code. legal parking shall include, but not limited to, any person(s) in control of a vehicle, who willfully or negligently commits a parking violation by any of the following acts: PC May 1, 2012 Item No. 2 Page 15 of 53 1. A vehicle which has entered upon/in or onto any private land, owned by another or not owned by that person, posted or not, whether unenclosed or enclosed by prohibitive/restricted entrance; 2. A vehicle, which has entered upon/in/along or onto any public lands, streets or rights- of-way, that is posted in verbiage, stating, "No Parking, ppin or Standing - Tow Away Zone," or as prescribed by law, including State h 772 § 17.05.030, 1986. Code 1987 § 17.05.030]. 17.20.040 Permitted uses. Uses permitted in the Lakeshore Overlay A. Floats and dolphins for private pleasure craft; and boat rentals. _ follows: fishing facilities; B. Boating, at designated locations. C. Swimming, at designated D. Fishing, at designated E. Publicly owned park, w jormance with the Lake Elsinore General Plan. F. Existing ° lMf famil and existing operated businesses. G. 1. Establishments sW stomers within their automobiles on the premises or preparing food/drink for nsumption off of, or drive-away/through the premises; and 2. Establishments primarily preparing food/drinks intended for consumption off the premises. PC May 1, 2012 Item No. 2 Page 16 of 53 J. Overnight camping is limited to authorized/established State/private facility, per City Ordinances Nos. 410 and 430; and, registered private owners, by approved special camping permit, issued by the City. All other camping, day or night, shall be prohibited and shall be enforced as provided herein. [Ord. 772 § 17.05.040, 1986. Code 1987 § 17.05.040]. 17.20.050 Conditional uses. The following uses are allowed in the Lakesh use permit has been granted by the City Cou the Planning Commission and City Council: a conditional is Any uses not specifically listed as allowed, either by ownership right as either a permitted/conditional use or special permit, are prohibited, but not limited to, new residential dwellings, off-site advertising structures, storage of any kind unless connected with existing occupied residential dwellings but will be applicable to all other PC May 1, 2012 Item No. 2 Page 17 of 53 A. Campgrounds and picnic grounds (also requi ` 11 i ompliance with California State Code, Title 25). City codes, parking lots and unauthorized vending/peddling and selling. [Amended during 2008 recodification; Ord. 772 § 17.05.060, 1986. Code 1987 § 17.05.060]. 17.20.070 Violations. It shall be unlawful to litter, commit private encroachn defined herein, or to utilize property in a manner proh Violations of this chapter shall be treated as an i - c such violations and any subsequent violation infraction or a misdemeanor as determined b -oi Code 1987 § 17.05.070]. 17.20.080 Development standards. A. Ten thousand square feet minimum lot B. One hundred feet minimum lot C. Minimum yard setback 1. All uses shall maintain a and park a vehicle, all as ?tC 17.20.060. or the first two of any ed as either an 1m .0: , 3 .1986. Lakeshore Drive; City Council on a case-by-case basis. akfthore Overlay District, subject to approval of Planning Commission. No fees required to F. Access for a trees tom rm with existing Municipal Codes. approved by the Planning Division based upon: 1. Safety of approach; 2. Adequate facilities; and 3. Conformance to requirements as listed in the Lake Elsinore Municipal Code. PC May 1, 2012 Item No. 2 Page 18 of 53 G. Any use approved as a conditional use must conform to the Lake Elsinore General Plan and requirements for scenic corridors. [Ord. 772 § 17.05.080, 1986. Code 1987 § 17.05.080]. 17.20.090 Parking. Parking shall be allowed in conjunction or maintained 17.20.040, 17.20.050 and 17.20.080, in addition E other parking shall be permitted and is prohibi - d Violations shall be enforced as herein provid ~1. 1987 § 17.05.090]. 17.20.100 Materials to be submitted. In addition to all materials and procedures building and grading regulations, and en lake shoreline development projects f e application materials shall be require projects: A. A plot plan reflecting the all records and proposed p public rights-of-way. , all B. A the I C. < gin:,: plete grading D. Aq g plan which trees o site and with LEMC City codes. No EMC 17.20.030(C). the Cif 'vision, zoning, iew proc es applicable to of this chapter, the following horeline development Presentations of property lines, proposed easements, and adjacent terrain located within 150 feet of ,urately show the final disposition of all existing and extent of proposed vegetation. E. If the developff I within an area of special flood hazard, developer shall 17.20.110 Nonconforming uses. also submit a prope ted flood hazard deed notification document, which shall be recorded by the City top vide constructive notice to all future purchasers and encumbrances concerning the flood hazard. [Ord. 772 § 17.05.100, 1986. Code 1987 § 17.05.100]. PC May 1, 2012 Item No. 2 Page 19 of 53 Any structure or use within the Lakeshore Overlay District which does not comply with the provisions of this chapter, but which is legally in existence, shall upon such date acquire the status of a lawfully nonconforming structure or use, subject to all Municipal Codes and ordinances. A. Unoccupied structures and buildings subject to B. Campgrounds, unless a conditional use into conformance with all City codes and S C. Foundations, walls and other concrete strut not in conjunction or necessary with existing or within six months. D. Open storage, storage structures, not related to existing residential stru manner to City codes. E. Stumps and dead trees, if not F. Refuse materials shall be 1987 § 17.05.110]. A 17.20.120 In addition, f nt Officers are hereby empowered to issue written citations/tickNLEM persons who litter and illegally parked vehicle-violators, as defined in 30(A), (B) and (C), whether the violator is physically present or not, found within the yeas as defined within LEMC 17.20.020; these violations shall constitute a prima facia presumption that the trespasser, person who litters, and last registered owner of record of vehicle, not having complied with the provisions of LEMC 17.20.030(A), (B) and (C), is responsible for such and is thereby liable for the cost of a fine as imposed and established hereafter. [Ord. 772 § 17.05.120, 1986. Code 1987 § 17.05.120]. PC May 1, 2012 Item No. 2 Page 20 of 53 17.20.130 Imposition of fines. Any person or registered owner in control of a vehicle found in violation of any provisions herein defined and described shall be fined with the following schedule: A. Littering. Any person found in violation of littering offense, $100.00 for the second offense, and ea and charged as either an infraction or, misde ' - B. Private Encroachment. Any person found it be fined $50.00 for the first offense, $100.00 for additional offense may be treated and charged as determined by the court. C. Illegal Parked Vehicle. A minimum violation. [Ord. 772 § 17.05.130, 198E 17.20.140 Administrative appeal. A. Any person aggrieved by or = iisfied w written appeal to the City C s per City B. Any person appeal tot 772 § 1 17 there i"W the provisic 17.05.150]. I.00 for the first may be treated shall or a misdemeanor be set f ehicle(s) found in 130]. Pons of this chapter may file a ordinances. by o - d with the enforcement of this chapter may urt as ithin due process of California law. [Ord. 987 § $ aM D1. this chapter be liberally construed to effectuate their purposes. If etween t pter and any other provisions of the Municipal Code, a II prevail. [Ord. 772 § 17.05.150, 1986. Code 1987 § PC May 1, 2012 Item No. 2 Page 21 of 53 EXHIBIT "C" Chapter 17.104 (R) RECREATIONAL DISTRICT Purpose. Permitted uses. Uses subject to a conditional Design review. 17.104.010 Purpose. are not suited for o son that they are s pe to property below oodwaters. Therefore, for 'nervation of the public ed a zone classification ian occupancy or for other 1986. Code 1987 § itional use permit. The following uses mayffe permitted subject to approval of a conditional use permit; provided, that all structures associated with such uses shall be temporary or removable, or of a permanent type which shall not be subject to damage from flooding and shall not constitute a hazard in the event of a flood: A. Agriculture or horticulture. PC May 1, 2012 Item No. 2 Page 22 of 53 B. Airports or heliports. C. Athletic fields. D. marina and/or pier not 17.104.020. E. Campgrounds. F. Equestrian facilities, including trails, riding stal3l ' facilities. 0. Othe of this chap [Ord. 772 § 1 17.104.040 Design :ommission finds to be in accord with the purposes ristics similar to those uses listed in this section. 1987 § 17.36.030]. All structures, parking facilities, or storage lots and grading operations within this district shall be subject to Design Review Board approval, and shall comply with all provisions of Chapter 15.64 LEMC, Flood Damage Prevention, and Chapter 15.68 LEMC, Floodplain Management. PC May 1, 2012 Item No. 2 Page 23 of 53 Before any building permit shall be issued or any conditional use permit, or variance, or conditional exception shall be approved, the City Engineer shall first approve any and all permits and uses. [Ord. 772 § 17.36.040, 1986. Code 1987 § 17.36.040]. PC May 1, 2012 Item No. 2 Page 24 of 53 EXHIBIT "D" Chapter 17.128 C-P COMMERCIAL PARK DISTRICT Sections: 17.128.010 17.128.020 17.128.030 17.128.040 17.128.050 17.128.060 17.128.080 17.128.090 17.128.100 17.128.110 17.128.120 17.128.130 Purpose. Permitted uses. Uses subject to a conditional Accessory uses. Site criteria. Setbacks. Building height. Landscape improvements. Parking. Signs. Design review. Design standards. 17.128.010 Purpose. The intent of the C-P General Plan to acco protect such ar appr ' &cations consistent with the of tourists and recreational enthusiasts and to npatible uses. The City of Lake Elsinore sources are of great economic and social efore permits in this district only uses r ch are capable of contributing to the long- 772 § 17.52.010, 1986. Code 1987 § Uses permitted-i4 which operate in co use business shall be site location. Itrict shall include those Tuses listed below with the purpose, intent and standards of this district. Each led in terms of its operational characteristics and specific A. Arboretums and horticultural gardens. B. Art galleries. PC May 1, 2012 Item No. 2 Page 25 of 53 C. Antique shops and auction galleries. D. Automobile rental agencies; offices only. E. Barber and beauty shops. F. Bait shops. G. Boat and boat accessory sales; and H. Bowling alleys, miniature golf courses, 1. Bicycle rental shops. J. Convention and conference centers. K. Florists. L. Gift, novelty, and souvenir M. Ice cream shops. and wilderness preserves. excluding drive-ins, drive-throughs, and those with PC May 1, 2012 Item No. 2 Page 26 of 53 V. Travel agencies and bureaus. W. Any residential boat dock holding a valid permit pursuant to Chapter 15.76 of the LEMC. XW. Other uses that the Community Development Dire{ with the purpose of this chapter and having characteris i this section. [Ord. 853 § 1, 1989; Ord. 772 § 17. O- 20, 17.128.030 Uses subject to a conditional It is recognized that certain uses while similar in LEMC 17.128.020 may require outdoor operatio surrounding properties and therefore require adi Such uses to be permitted in the C-P distri M Chapter 17.168 LEMC and shall include, ' G. Gam electronic ga conjunction wit product for sale. a es to be in accord those uses listed in 1987 § 17.52.020]. r tics to perms = ses in I e potential to impact consideration. a =pursuant to rant. providing live entertainment. tablishment having five or more mechanical or or entertainment, whether as the primary use or in s, but excluding vending machines dispensing or H. Golf courses and driving ranges. 1. Heliports. J. Marinas. PC May 1, 2012 Item No. 2 Page 27 of 53 K. Outdoor sales and display incidental and accessory to a permitted use. L. Restaurants with outdoor eating areas. M. Structures exceeding the maximum height N. Tennis clubs. 0. Theme amusement parks. P. Other uses that the Planning Commission find purpose of this chapter and having characteristi section. A list of these uses shall be maintained in reference. [Ord. 853 § 1, 1989; Ord. 772 §4- 17.128.040 Accessory uses. The following accessory buildings permitted use; provided, tJth primary use, are found to District, and that all buildithe main building(s). No a The indh A. B. C. Dance halls, be i° „ fed with the uses listed in this ssion for future 7 § 17.52.030]. s Uer h the same lot with a ;le and secondary to the ith of the Commercial Park aus with the architectural stf re shall be located in a front setback arec tion with a hotel or motel even though any establishment providing live entertainment. E. Game arcades; includes any establishment having five or more mechanical or electronic games of chance, skill or entertainment, whether as the primary use or in conjunction with another business, but excluding vending machines dispensing a product for sale. PC May 1, 2012 Item No. 2 Page 28 of 53 F. Golf courses and driving ranges. G. Health studios and exercise clubs. H. Tennis clubs. [Ord. 772 § 17.52.040, 1986. Code 1 17.128.050 Site criteria. There shall be no minimum lot size required f- and maintaining locations or approving uses that the property is capable of compliance with A. The site can support safe and efficient on-site to surface streets with adequate capacity. gM- 17.§2.0401. rict it sH criteria: ing convenient access and screening where density of development and >ment standards and 52.050]. all new construction in the C-P district: A. the'" public design yard setback ilding or parking area shall average 25 feet, but feet. less than 20 City Council may allow a 10-foot reduction in ver, I uirements areas where enhanced decorative walls, artwork, fo ublic seating areas) or other similar outstanding i satisfaction of the City Council. B. Side and Rear etback shall be required from interior lot lines except adjacent to a public righ f-way or a residential use, in which case the minimum setback be as prescribed for the front yard setback. Because of the unique characteristics of the district, it is important that incompatible elements of a site design not impact uses on an adjoining property regardless of zoning. When the Planning Commission deems that a potential for adverse impact exists, it PC May 1, 2012 Item No. 2 Page 29 of 53 may, pursuant to the design review process, impose side and rear yard setbacks where none are otherwise required. [Ord. 853 § 1, 1989; Ord. 772 § 17.52.060, 1986. Code 1987 § 17.52.060]. Except as otherwise provided by LEMC 17.128.030, be 50 feet. [Ord. 772 § 17.52.080, 1986. Code 1 17.128.090 Landscape improvements. All area not utilized for structures, parking, or In addition, the following minimum standards A. Adjacent to Street. A continuous area, feet in depth, shall be landscaped and public right-of-way. Parking areas sho berms, shrubs, and other decorative t: ; requirement. height shall W9 g =•average of 20 area and the as possible utilizing and height to meet this 1224 § 3, 2007; Ord. 1206 § 3, 2006; Ord. 853 § 1, 1989; Ord. 772 § 17.52.090, 1986 Code 1987 § 17.52.090]. 17.128.100 Parking. PC May 1, 2012 Item No. 2 Page 30 of 53 17.128.080 Building height. The provisions of Chapter 17.148 LEMC shall be used to determine the parking for development in the C-P district. [Ord. 772 § 17.52.100, 1986. Code 1987 § 17.52.100]. 17.128.110 Signs. The provisions of Chapter 17.196 LEMC shall be used the C-P district. [Ord. 772 § 17.52.110, 1986. Code 19 17.128.120 Design review. No building permits shall be issued for the corgi the C-P district until the applicant has obtained provisions of Chapter 17.184 LEMC. [Ord. 772 17.52.120]. ne permitted signs in buil" i, a in aoorova nt to the Code 1987 § 17.128.130 Design standards. Chapter 17.112 LEMC contains rn projects within the City regardless provisions of Chapter 17.112 LE contained herein for the C-P di 17.52.130]. A dards applicable to all Ir important that the the regulations . Code 1987 § PC May 1, 2012 Item No. 2 Page 31 of 53 ORDINANCE NO. 2012- ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE LAKE ELSINORE MUNICIPAL CODE, TITLE 15 TO ADD CHAPTER 15.76 REGARDING SAFETY AND CONSTRUCTION STANDARDS FOR RESIDENTIAL DOCKS NOW, THEREFORE, THE CITY COUNCIL OF CALIFORNIA, DOES HEREBY ORDAIN AS F0-601 SECTION 1. Chapter 15.76 is Municipal Code as follows: 15.76 SAFETY AND CONSTRUCTION STAND 15.76.010 Residential Dock Standards - Except as provided in this Construction Standards for Resident standards of the City, regulating the on the waters of Lake Elsinore. The Docks is on file for public examirl4ioi LAKE ELSINORE, Elsinore of Lake 'sinore Safety and d become the residential dock pndards of private docks ons tandards for Res iden ia tl of th, , ul ding Official. SECTION 2. If any pro clause, paragraph of this Ordinance or the application thereof to erson or c r : r e shall be held invalid, such invalidity shall not affect t ovisions of this Ordinance and are hereby declared to be severable. - SEk dinanc effect thirty (30) days after the date of its final pa hall c to adoption of this Ordinance and cause this O ~e to be pu d poste n the manner required by law. SSED, APPROV - D INTRODUCED at a regular meeting of the City C e City of Lake ore, California, on the t day of May, 2012, and adop lar meetin City Council of the City of Lake Elsinore, California, on the _ y, 201 Brian Tisdale, Mayor ATTEST: Virginia Bloom, City Clerk PC May 1, 2012 Item No. 2 Page 32 of 53 ORDINANCE NO. 2012- PAGE 2 of 3 APPROVED AS TO FORM: Barbara Leibold, City Attorney PC May 1, 2012 Item No. 2 Page 33 of 53 ORDINANCE NO. 2012- PAGE 3 of 3 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ss I, VIRGINIA BLOOM, City Clerk of the City of certify that Ordinance No. 2012- was introd ed Council of the City of Lake Elsinore on the a passed at a regular meeting of the City Coun e _m day of May, 2012, by the following roll ca, _ AYES: NOES: ABSEIN ABSTP California, hereby meeting of the City 12, and was finally 5Lsinore held on the PC May 1, 2012 Item No. 2 Page 34 of 53 DRAFT 120406 City of Lake Elsinore Safety and Construction Standards for Residential Docks PURPOSE AND PREFACE The City of Lake Elsinore is required by the State of California to maintain the Lake for public park and recreation purposes in perpetuity. To support this directive, the City has adopted standards for docks. These standards of the City of, Lake Elsinore apply to all residential private docks on Lake Elsinore. The standards afe adopted pursuant to the authority of the City of Lake Elsinore as provided by law~nd are intended to provide minimum requirements to protect public safety, access, navigation, and water quality. The City of Lake Elsinore recognizes the utility and convenience of these *idential docks for their owners; however, the City must balance the needs of shoreline property owners with those of the general public for the safe enjoyment of Lade Elsinore by all recreational ca<~cy, `A users. _ DEFINITIO Abandoned Dock: A dock that is reasonable amount of time. City: City of Lake Elsinore nd the owner ca and located within a Design Lake Elevations: Minimum and 'M-'a> measured in feet above mean,-sea level per NG``,,p Dilapidated Dock Adock tha ; l) has any si walkways that are not securely ac~ched and coul (2) is submerged, (34-~ not float ig upright; (4) state of disrepair or (6 YS`~hengls§'~n1 t jr~ fpll cor elevations for the dock, members, roofing, decking, flotation or i immediate safety or navigation hazard; < or floors below water level; (5) is in a with these minimum standards. no"166d placed on deck. Live loads means twenty (20) load of 400 pounds placed anywhere on the deck surface, En used Flotation: Pofy t,bylene, c6 nt or fiberglass tanks or shells that are filled with a closed cell expamsion-type foam thaf?,oompletely fills the tank. date of A residential dock located on Lake Elsinore prior to the effective Facility: Means dock-and all associated accessories, such as gangway, anchoring, or storage. Footprint: The total area including, but not limited to, the length times the width of the residential floating dock plus the open water slip area and walkways/gangways. Freeboard: The height measured from the water's surface to the top of the decking. Frontage: The maximum width of the shoreline within the bounds of a specific residential property. PC May 1, 2012 Item No. 2 Page 35 of 53 DRAFT 120406 Gangway: A walkway used to connect the shoreline to the entrance of a floating dock for safe pedestrian passage under varying surface water elevations. Exemption: Any deviation, change, addition or alteration from the Standard for Docks. Permittee: The shoreline property owner issued a dock permit by the Piers & Wharfs: A platform extending over the surface of the lakebed that is supported by fixed vertical members, such as posts, piles, pillars, girders or other vertical members, which are permanently anchored into the lakebed. Pile or Stiff Arm Anchoring. Piling or pole anchoring system for floating `0orks, in which the poles are fixed to the bottom sediment. Plot Plan: A diagram showing the proposed placers It of the dock in relation to of the property and adjacent properties. °T, I Regulated Area: Lake Elsinore Recreation Area under the<< u, purview of the Residential Dock: A private dock located, in a residential zone'.abutting Lake Elsinore for which no compensation will be received by the oyvne~Af the dock for its use ~ Roll-in Type Dock: A portable dock that is " u ported above thauwaterline on a series of structural upright poles that are attached at the base to w6- 'that res# on the lakebed. Shoreline: The line at?`w`hJdh, 0, e lake's water,eirface comes into contact with dry land. The shoreline will move as'water levels change. re built upon lower (substructure) platform. PROCESS y established ,'standard'" residential private boat docks to inform shoreline property of the minimum requireme~t,peeded to obtain a permit for placing a residential dock on u- :inore. In addit'i`on, the Cityawes to streamline the permitting process of an "Application esidential Private Dock Permit" provided the application substantially conforms to the )ed, standards. The submittet~of an "Application for a Residential Private Dock Permit" shall be processed through the Building &~,Safety Dit%Ision, with review and approval by the Planning Division and Lake Department. TlfevYevew period for a standard residential dock permit is estimated at ten (10) working days. The cost of the Residential Private Dock Permit is based upon the valuation of the boat dock. A shoreline resident desiring to place a non-standard residential dock on Lake Elsinore must request an exemption by completing an application and submitting to the Planning Division. The time to process a permit for a non-standard dock varies and depends upon the complexity of the application submittal. The Planning Commission will review the application, then consider whether to "approve" or "deny" a Conditional Use Permit for the non-standard residential dock. -2- PC May 1, 2012 Item No. 2 Page 36 of 53 DRAFT 120406 STANDARDS FOR RESIDENTIAL PRIVATE DOCKS 1) Prior to a residential dock being located on Lake Elsinore a permit shall be obtained from the City of Lake Elsinore. A permit may be obtained only after the submission of an application duly executed, in writing by the applicant, upon a form prescribed and provided by CITY. Said application shall have attached: a) Proof of shoreline property ownership for dock location on`hdke Elsinore. i) Copy of Deed with Legal Description or Title Report b) Driving Directions (Text & Street Map) to property from City Hall (]30 S. Main Street). c) Parcel Map showing dimensions of property's metes &'bounds d) Plot Plan with drawing showing: i) Applicant's property lines. ii) Orientation of the dock to property; adjacent properties, shoreline and "Lake., iii) Distances between dock and any other floating structures or markers ,within 150 feet of dock.~F, e) Scaled Construction Plan Drawings and Specifcador Dock & Gangway: i) Plan (top) and Profile (side) views, with dirriAi,ly lions drawn to scale (i.e. P' = 10') ii) Specifications for buildln material (structural framing, decking, floatation, etc) iii) Note features of dock (E g.,-5 plumbing, electric, number of slips, etc...). iv) Estimated weight of O'ch v) Floatation buoyancy in pounds pero gi~afe foot (if applicable). vi) Estimated dead weight freA."pard vii) Total surface (topside) square poo €ge of flows (if:applicable). f) Drawing and speaficZtions for securmo-dock (i.e. material, means & methods,). g) Written.,descriptibiVO how dock is:~designed and maintained to function under changing,lake elevations. h) If a dock is wired for 'electricity, the "C13GksList for Dock Electrical Permit Inspection Form" mist be prdvided,and signed by, certified electrician before final permit City will devglala list of°co*ercially available dock plans and specifications that have i pre-approved bythe City as being in conformance with the construction standards for lential docks. The' City will provide this list to applicants upon request. 3) Ownership, construction, operation, use and maintenance of a permitted dock facility are subject to alllbe'&eral, state and local laws, as well as all rules and regulations now in effect; or those promulgated in the future by the City Council of the City of Lake Elsinore. Failure to abide by these laws, rules or regulations may be cause for revocation of the permit. 4) If the permittee fails to comply with applicable laws, rules, or regulations, the City may revoke the permit and cause the dock to be removed by a contractor or otherwise, and the permittee agrees to pay all costs incurred thereof. -3- PC May 1, 2012 Item No. 2 Page 37 of 53 DRAFT 120406 5) The permittee agrees to save, hold harmless and defend the City of Lake Elsinore, its officers and/or directors from any and all causes of action, suits at law or equity, claims or demands, or from any liability of any nature for, or on account of, any damages to persons or property, including a permitted dock facility, growing out of the ownership construction, operation or maintenance by the permittee of the permitted dock facility. 6) Whenever regulations or restrictions imposed by these standards are either more or less restrictive than regulations or restrictions imposed by any governmen'taf>authority or other entity that might have authority to regulate residential docks,rffie regulations, rules or restrictions that are more restrictive or impose higher standards shalI, vern. 7) The City reserves the right to authorize representatives*,.' enter the ;property of the permittee as necessary to make inspections and/or othpr,,~polvities under permit. 8) No attempt shall be made by any permittee to f% d 'the use of all public ac'6 land and/or water, at/or adjacent to a permitted facility. ' 9) only the owner of record of a shoreline propertyrn~.,,,be iss &a dock permit The permit applies to a specific dock on the specific shoreline prop~Ty~~ 10) The permittee agrees to operate, rid maintain any pen'r tt d dock in a manner so as to provide safety, minimize an adverse impact on fish and W (dje habitat, public boating navigation, natural environment or 'cultural resources values ° C fn' a manner so as to minimize the degradation of water quality. ° 11) Storage of docks on the dry land portion ofjh'6' shoreltr property is prohibited within the City limits. A dock may he temporarily plRed on dry,<fand for repair and maintenance purposes for a maximum', f three (3) days A permit must be obtained from the City to extend the time,for repair a#g maintenance work requiring more three (3) days. 12) The permittee agrees no ~ lease, rent, subl'e't or provide to others, by any means of engaging in a comYrter iaf ctlv~tyl- ;,p rrmtted residential private dock. This will not pree)t~(i the pgrmitt(4fan selling tBtakoyvriership of the dock. Fixed piers or whams for residential docks are prohibited. and stiff-ar&'%.`6nchored; =docks that are permanently fixed into the sediment are ted. Piling or Miff-arm anchored docks utilizing portable anchoring are permitted, t to the anchoring mechanism being capable of relocation within four (4) hours. 15) Superstructures on residential docks are prohibited. 16) Air-filled floats for floating residential docks are prohibited. 17) The use of docks will be limited to the docking of boats and the storage of gear essential to the operation of watercraft. Storage of flammable and other hazardous substances is prohibited. 18) Private dock facilities shall not be used for human habitation. The installation of sleeping accommodations, cooking facilities, heating facilities, toilet and shower facilities, refrigeration, television, and other items conducive to human habitation on private -4- PC May 1, 2012 Item No. 2 Page 38 of 53 DRAFT 120406 recreation facilities is prohibited. 19) Nothing in these standards shall prevent the City from seeking injunctive relief or any other remedy in law or equity at anytime against any person allegedly violating these standards. 20) All docks shall be removed from Lake Elsinore whenever the surface elevation is projected to exceed 1,255' above mean sea level (NGVD29). DEVELOPMENT STANDARDS 21) Dimensional Requirements for Property: Minimum shoreline frontage of lot a ? 0 feet Maximum extension into the lake A~V 60 feet from shoreline: Maximum width of dock member 8;,feet Maximum Boat slips per dock 4 ' Minimum dock setback from side roe lines feet. 22) Only one (1) dock is permitted on each shoreline 23) A residential dock shall be safely navigation or block ingress or egre 24) All docks and associated gangways shall~be in 25) The placement o f~ dential dock shall qri time shall a prvefe resrden laI dock or gang lake bottom aevation of"1~-36' MSL. Resit permitted,to Ae&n the CitV lakebed proper anchored so as ,not to create a hazard to itact wit(i the shoreline at all times. eon the ,owners shoreline property. At no be placed solely on City property below the ial dock anchors, wheels or stabilizers are pow an elevation of 1,236' MSL. Permit applicants shall, prJgj Ito the start of construction, submit plans and specifications of the proposed far for appfoo~j Epgineering details, structural design, anchorage method, construction maiaR and typatd size of the facility must be included. All plans submitted rmust have been rev wed, staffed, and signed by a professional engineer certifying the proposed dock will meet or exceed established minimum design and load requirements as es~ed by the Nat linal Water Safety Congress and Industry Standards. 27) All private dock facilities will be constructed in accordance with approved plans and 28) A residential,;dock must be constructed of such quality material and be securely anchored as to withstand lake level changes and exposure to the sun, strong wind, fast moving water and severe wave action. 29) Minimum Design Loads: a) Deck loads? 50 Ibs/ft2 b) Gangways 50 Ibs/ft2 c) Wind loads 20 Ibs/ft2 -5- PC May 1, 2012 Item No. 2 Page 39 of 53 DRAFT 120406 30) All docks shall have a minimum dead weight freeboard of 1 foot and a maximum of 3 feet above the surface of the water. Freeboard under live load conditions shall be a minimum of 6 inches. 31) Docks shall have a gangway attached to the entrance to provide safe pedestrian passage from the shoreline to the floating dock. a) Minimum width of the gangway is 3 feet. b) Maximum riser height from the surrounding grade to gangway i 2 inches. c) Maximum slope of gangway is 3 to 1 (horizontal to vertical). d) The gangway shall be securely anchored to the dock and/o> fie s1 xi line. 32) The minimum width for walkways on the dock is 4 33) Wood Material - When wood material is used, ('"should be designed in if&,, dance with Chapter 25 of The Uniform Building Code,.:)ate,st editions as applicable. Hobweyer;- all connections should be secured with galvarlrzetl>heet metal steel plates, metal straps, or treated plywood gussets to resist movement that would gtl)i'ervv se tend to dismantle the structural connections. All wood material in the substr &e, including the deck, must be pressure treated with a non-skin-irritating preservative, 34) Aluminum Material - Design of aluli`,fitum,members shall confyorm to the current edition of the Aluminum Association Speaficatie0 for Aluminum Structures ' )qm num welding shall be in accordance with the ANSI/AWS D1:2 gasrneoL°ro welding profess. Structural aluminum frames shall be 8" x 2-1/4" x 3/16" C-channel 600 Sties, Aluminum extrusions. 35) Steel Material All steel rpust be hot dipd~galvanized hen steel material is used, it should be designed to colr I with Chapte %27 and 28 of the latest edition of the Uniform Building Codas applicabfxlepending on ttype of steel used. 36) Decking and deck~surfaces (mcludmg outdoor Ofpeting) shall provide a reasonably non-skid surface.free from tnppfng%fiazards, sueh a5,loose material, holes or tears. A''residential dock shall bps fely and securely anchored so as not to create a hazard to navigation or blo ~lggressb Tess of watercraft. Al storage on a d'oC~shall be ~ohtained inside a dock box. The maximum size for the dock #76x shall not exceedhirty-six (36') inches above the deck surface. The dock box shall be sdd, fastened to the dock. The maximum number of dock boxes per dock is four. 39) side of the length and half,"have a "No Trespassing" sign affixed to both the lakeside and shoreline art shall be plainly visible to a person within 20 feet of the dock. The sign's shall not be larger than 24-inches. 40) Floating Dock: a) Floats and Floatation Material: i) Floats and Flotation materials for docks shall be commercially manufactured for marine use. The floatation material shall be expanded foam type and encased in non-corrosive tank or shell. Flotation materials shall be fabricated so as not to become water logged, -6- PC May 1, 2012 Item No. 2 Page 40 of 53 DRAFT 120406 crack, peel, fragment or be subject to loss of beads. Floats shall be resistant to puncture, penetration, damage by animals and fire. Styrofoam flotation must be fully encased in solid polyethylene or concrete or other non-corrosive material. ii) The use of metal drums for floatation is prohibited. Because of the possible release of toxic or polluting substances, and the hazard to navigation from metal drums that become partially filled with water and escape from docks for which they are used for flotation, the use of metal drums for flotation is prohibited. iii) Floats shall be securely affixed to the dock. b) Anchoring Requirements: Or, 41) a) i) Specifications stamped by Certified Engineer Lake Elsinore. under cbncltns present at >n having a tot I surface less than eighteen (18'~ Dock (2) Each dock section requires, two (2) reinforced c6H&,bte block anchors placed on the outer lakeside edge of the,dgck,and beneath the dock':section. The concrete blocks will have the minimum dirriensions Qf 4' W x 4' L x<1:Q' H with 3/8" high test galvanized steel chain securely embedied.in the concrete,ahd protruding 12-inches above the surface of the weight,for atta hnient to the author (chain) rode. (3) A minimum of 3/8" high test galvanized steel<,ihlfa'shall be utilized to securely connect,the,dock to the two concrete anchors irr a diagonal pattern beneath the dock ,Cr'ossmg ofithe chains reduces sideways movement of the dock and reduces the likelihood thN&O.;boat propeller vuill hit the anchor chain. Leave sufficient slack in th"ins to accommodate waves::;, ii) Approved Standard Anchoring for Typical (1) This anchoring specification only appli area of 160 Pe (8'x20D or less, with a inches. (4) Shorelirre,", anchorihtj of the dock shall, bnsist of two (2) below grade reinforced concrete" footings postdor~eclon tt~ outer edge of the dock, with the minimum l ehtxtensions of qs deep~iC drPdieter, with 3/8" high test galvanized steel chain securely, embeY(i)ed ;in the concrete and protruding 12-inches above the surface of the f0ot1 for attachment to the anchor (chain) rode. (5) A mimr tq,of 3/8" 'I" Aest galvanized steel chain shall be utilized to securely connect thwx reline, n d of the dock to the two concrete footings in a diagonal pattern beneath the"gangway. The chains shall be located underneath the gangway i a safe manner to prevent a tripping hazard. i) Structu( al; Strength shall meet or exceed Live Loads on deck of twenty pounds per square toot. ii) Minimum wheel width is six (6') inches. b) Dock shall be securely fastened to the shoreline at all times. PERMIT 42) Upon issuance of a residential private dock permit, a permit number will be assigned by the City for a specific dock and specific shoreline property for identification purposes. The City -7- PC May 1, 2012 Item No. 2 Page 41 of 53 DRAFT 120406 will provide the specifications for a plaque for the permittee to affix the permit number. The permittee is required to provide the plaque and attach the plaque to the dock, so that the permit number is facing the center of the Lake and easily visible from the water by boat. 43) Permittee agrees to promptly pay the annual permit fee as set forth in the Schedule of Fees. A colored dock permit sticker will be returned to permittee that indicates the annual dock permit fee has been paid. This sticker shall be affixed to the permit; number plaque and prominently displayed. An annual inspection shall be required priof t issuance of a permit sticker. 44) All shoreline property owners with existing docks on Lake Fasiho "permit number" from the City within ninety (90) days o6 cloptioeResidential Docks. No fee shall be charged for issuance oil,"permit year's annual permit fee if obtained within the nInA aav Brace oe permit number is for identification purposes the Standards for Residential Docks. 45) Existing residential docks that pose a hazard to shall be removed from the waters of Lake Elsir with the Standards for Residential Docks after re( 46) All existing residential docks shall.bord Docks no later than twelve (12) years{.1 47) If ownership of a property with a permi apply to the City fore transfer of own( within thirty (30 "he property is NOT mean the enavigation, or )aired to a level from the City. ~d to obtain a Standards for . plus the first Ip City issued complies with nr quality complies with these Standards for Residential i of the sta,dards by the City. the new owner must the annual permit fee 48) If ownership of,,a properW ith a NON CONFORMING residential dock is sold, the new owner must apply to the C} for a new dock` rl t within thirty (30) days that conforms to the Standards'f6 Resider tial ;Docks or remoye'the non-conforming dock. 49) p re"sitlOr~t,,W dock that,has electric61 service shall strictly adhere to the regulations set forth the tat' I r Code for floating structures. At the time of application a certificate of rasp ion frotS~ state,.,licensed electrician shall be attached before the permit will be issued. Th~permitteeU'kired to resubmit a current certificate of inspection to the City every 3 years. 50) Any dgck classified "Nqt Electrically Wired" will not have any permanent electrical supply mstalfechwithout first' applying for a classification chanoe as per City's Safety and Constru"cboS~ .Standards. There will be no temporary electrical supply (extension cords, etc.) used and lefk unattended while it is on the dock or dock walkway. Any temporary electrical supply will be ari approved UL Listed Supply Cord and be in good condition with all electrical connectors attached and in use. Any temporary electrical supply will use GFCI Receptacles. 51) The Permittee shall maintain bodily injury liability and property damage liability insurance for the dock at all times. The Permittee shall provide Proof of said Liability Insurance for the dock naming the City of Lake Elsinore, its officers, agents, and employees as "Additionally Insured" in an amount of $300,000. 52) Failure to comply with the terms and conditions of the dock permit may result in revocation. -8- PC May 1, 2012 Item No. 2 Page 42 of 53 City of Lake Elsinore 130 S. Main Street, Lake Elsinore, CA Phone: 951-674-3124 ddd mm.fff) APN Latitude (N ddd NAME: MAILING ADDRESS: Shoreline Property ADDRESS: APPLICATION IS MADE FOR THE FOLLOWING: (please Construction of a new dock. Dock builder's name, address and phone number- Replacement, alteration or an addition to a dock, for to by CITY. Dock builder's name, address and phone number. Relocation of a dock from for which permit number 1i SifE l Transfer of dock permit number NAME ADDRESS: a Residential Property Owner: ~i Applicant states that he is thte`owner of the,l'and to which the NAME: DRAFT 120406 Permit Number State Zip has oreviouslV.been issued AN PH„E: ' City State Zip Electric: be located. 3' This dock will be wired for electric. This dock will NOT be PHONE: ury mace up PHONE: Hari&i=3V0-, ATTACH TO APPt CATION THE work Cyr 1. Drawings and specifi-6 i6ps fo..``r~~dgck, including: • Dock drawn to scale with dttttenstg'ri's,, overhead & profile views. • Length and width of gang a'1-~ • Describe design features: (eo 'i storage, plumbing & electric). • Specifications for building materials. 2. Parcel map & Plot Plan, including the following: • Parcel Map showing metes & bounds. • Plot Plan showing orientation of the dock to property, adjacent properties, shoreline, and Lake, as well as distance from floating structures or markers within a distance 150 feet. been issued 3. Anchoring: • Specifications for securing dock. • Written description of design and maintenance of dock under fluctuating Lake elevations. 4. Roof of shoreline property ownership. 5. Certificate of inspection issued by a licensed electrician must be provided to CITY for all docks that are electrically wired. -9- PC May 1, 2012 Item No. 2 Page 43 of 53 DRAFT 120406 TERMS AND CONDITIONS: In consideration of the City of Lake Elsinore granting a Residential Private Dock Permit to the Applicant, Applicant hereby consents and agrees to the following: Applicant agrees to abide by the Rules and Regulations governing Lake Elsinore Recreation Area, which are incorporated and made a part of this agreement, and that a Dock Permit issued upon this application may be revoked at any time by CITY for cause. If CITY does, in fact, revoke said Permit of Applicant, Applicant shall be wholly responsible for all costs, including, but not limited to, court costs and attorney fees, incurred by the CITY for removal of said structure"fr'om CITY's waters or property. Applicant, his agent, representatives or assigns, agree that said dock shall be operated 'at his own risk, and CITY is hereby released from any and all claims for injuries or damages incurred while on CITY's prerra~ses Applicant, his heirs, representatives or assigns agree that they will indemnify, save harmless and defend the CITY againsttly.and all claims for damages to property, or injuries received by anyone, as a direct or indirect result from the,°nperation of said dock upon CITY's waters, arising either from alleged or in fact negligence of Applicant, his agents„r 1resentatives, servaht3 or guests; and Applicant further agrees to defend any and all lawsuits filed or prosecuted against CITY, and to pay any and~allildgments, together with court costs, attorney fees and all other expenses of defending such suits. Applicant grants permission to CITY, through its authorized employees, to physically inspect Applicants dock when necessary and reasonable. Applicant agrees to promptly pay the am ON"fee imposed 0 ,,.;CITY for the privilege bf placing and maintaining a dock. Applicant agrees to PROMINENTLY DISPLAY private doc(z pLYmit number andTihual registration sticker on said dock. The undersigned hereby certifies that he has read the above and fore goilj' together with the Regulations mentioned therein, that he is familiar with the same and here"rees to be bound by th'gtOe s expressed above. Date UN signature ofiA0licant Private Dock Permit I hereby certify that I have inspected the facilities, improve meiiXs and work performed and that the same has been constructed and completed 1n, compliance with, CITY's Rules an', Regulations. Date 'GO y Building Inspector 2 ~ Photo ~k s r o`Date ' Director of Community Development Department ✓ M, Jf C'~5 td ✓ , ~r Permisson 1s hereby ranted to AppStcapt to mamtaiYi the described dock on Lake Elsinore subject to the conditions contained in the applieatiorl and the Rules an7l'Iegulations governing the Lake Elsinore Recreation Area. This permit may be revoked at any time W(- upon 90 days nottc if CITY determines that lake conditions make this area unsafe. Date ~O•,. Director of Lake, Parks & Recreation Department z;;, "Permit Period is January in through December 31~`. Dock Appiication Fee fora"Building Permit and Plan Check is based upon the valuation of the dock at $12/ft2 of walking surface. Please see City's "Chart of Building Permit Fees" relation of valuation to fee. Minimum fee is based upon a dock valuation of $500, which equates to a fee of $78.75. Annual Permit Fee for a dock with a footprint of 1,000 square feet or less is $20 plus $10 for each boat slip over one. A dock over 1,000 square feet is $20 plus $.06 per square foot over 1,000 square feet. Fee is not prorated. For more information on obtaining a Residential Private Dock Permit, please visit the City's website: www.lake-elsinore.org -10- PC May 1, 2012 Item No. 2 Page 44 of 53 DRAFT 120406 Residential Private Dock Application Checklist Name of Applicant: Please circle one of the following: New construction; Replacement; Alteration or Dock Permit All applications submitted must include all of the following or they will be retur9ied to with the necessary paperwork. It is the responsibility of the applicant to furnish"this can be processed without the following information: 1. Proof of shoreline property ownership i. Copy of Deed, with legal descript 2. Driving Directions: i. Text and Street Map for directions to 3. Parcel Map showing 's metes & Transfer of Ownership. t to be resubmitted No dock application Hall (130 S. Main Street). 4. Plot Plan. 5. Construction Plan Drawings & Speck co i. Plan (Top and (side) ) u 6. Descripfl, of meth& ed to secure do Plan DrWrigs and v~Yten Specificatie approved aril hormg z#hQd for typical with to shoreline. Floating docks require submittal of ;stamped by a Certified Engineer or per City's atinQ dock section. and maintained to function under the changing drawn to scale (i.e. V = 10') 8. If a dock is' re'o for electctcity, the "Check List for Dock Electrical Permit Inspection Form" must be pro, and signed by a certified electrician before final permit approval. final approval dock permit, the plaque containing the dock permit number and annual stration sticker must be affixed to the dock so that they are easily identified from the -11- PC May 1, 2012 Item No. 2 Page 45 of 53 City of Lake Elsinore DRAFT 120406 130 S. Main Street, Lake Elsinore, CA Phone: 951-674-3124 Docks with Electrical Service Any residential dock that has electrical service shall strictly adhere to the regulations sek._forth in the State of California Fire Code for floating structures. At the time of application a certificate of inspection from a state' licensed electrician shall be attached before the permit will be issued. The permittee will then, every three (3)Years, resubmit a current certificate of inspection to the Lake and Aquatic Resources Department. CITY Electrical InspectiooStickers are to be prominently displayed on docks indicating compliance with this requirement. Check List for Dock Electrical Permit Inspection Form 6 ` o This form is to be used by any California Licensed and Bonded leckncian to prpyide informati on whe' dock is inspected by an electrician for permit purposes. All sections must It u fore Dock Permit to be completed. The form must be completed by the Electrician and accompany all otherfzas ahd information in your dock permit application. h~ >o Electrical Inspection Correction Form OOg 9 Lry 24: This form is to be used by any California Licensed I'd Bonded 8lectriaan to list corrections made that are required by a CITY Dock Electrical Inspection. This inspection is done by~ersol~nel. Failure fo complete this form may result in the loss of the Dock Permit. -12- PC May 1, 2012 Item No. 2 Page 46 of 53 City of Lake Elsinore DRAFT 120406 130 S. Main Street, Lake Elsinore, CA Phone: 951-674-7730 DATE: DOCK LOCATION: DOCK PERMIT NO.: J YES `J No 1. Dock Permit ID Number displayed coi IJ YES 1 No 2. Voltage detected in Metal Component YES 1 No 3. Dock Metal Works and Electrical SA EJ YES 0 No 4. Dock Electrical Service Disconnect in 0 YES D ~ No 5. Dock Conduit and lightin~0, Fompliai 0 YES D No 6. Dock Breakers and Juncttifp Boxes" i YES No 7. All other Dock Electrical Service dui YES No 8 All required04pkReceptacles`protect receptacle co Q6 s installed on all€recep it an inspection was submitting the.Ferm b. Date ofInspectip' c:;-,,-License Number of d EzAiration Date of Check List for Dock Electrical Permit Inspection Form of dock and/or water and acceptable condition? whance ai4aeceptable condition? enY ti `ompliance and acceptable condition? by operational GFI Circuitry with required by a Licensed Bonded information: to Permit Holder Property Owner (if different) NOTE: Every third renewal of your dock permit, this form must be completed and included with your payment. Failure to complete and attach this form will cause a delay or denial of the issue of your dock permit. -13- PC May 1, 2012 Item No. 2 Page 47 of 53 City of Lake Elsinore 130 S. Main Street, Lake Elsinore, CA Phone: 951-674-3124 Date Electrical Inspection Correction Form REPAIR DATE: INSPECTION DATE: INSPECTION FORM NO: 1. Electrical Company a. Licensed and Bonded Electrician b. License Number 2. Dock Location 3. Dock Permit Number 4. List each Item Number from the Dock In made. Attach copy of Inspection Form. Item No. Item No. Item Item Item No. DRAFT 120406 and indicate the corrections Form that Electrician Dock Owner and/or Permit Holder -14- PC May 1, 2012 Item No. 2 Page 48 of 53 DRAFT 120406 EXAMPLE: Parcel Map showing dimensions of property's metes & bounds. -15- PC May 1, 2012 Item No. 2 Page 49 of 53 DRAFT 120406 EXAMPLE: Plot Plan -16- PC May 1, 2012 Item No. 2 Page 50 of 53 DRAFT 120406 Example Driving Directions: From City Hall (130 S. Main St., Lake Elsinore, CA 92530) To Shoreline Property for placement of Dock. Lake Elsinore Parks and Recreation 130 South Main Street, Lake Elsinore, CA 92630-4163. (951) 674.3124 1. Head nordt on S Main St toward W Graham Ave go 230 It total 230 ft 1 2 Take the tat lest onto W Graham Ave go 0.8 ml About 2 mina total 0.9 mi:. 3. Continua onto Lakashore Dr go 1.7 mi About 3 minx total 2.6 mi 4. Turn let onto itlveralde or go 0.4 ml' total 3.0M1 About 2 mks 32040 Riverside Dr, Lake Elsinore, CA92530 -17- PC May 1, 2012 Item No. 2 Page 51 of 53 DRAFT 120406 Diagram of Dimensional Requirements for Residential Dock: -18- PC May 1, 2012 Item No. 2 Page 52 of 53 Diagram of Approved Anchoring of Typical Dock Section: -19- DRAFT 120406 PC May 1, 2012 Item No. 2 Page 53 of 53