HomeMy WebLinkAboutOrd. No. 1967-44824:4
GRDINANCE ~o. ~-~
'AN ORDINANCE OF THE GiTY OF EL~NORE, CALIFORNIA.
PROVIDING FOR THE USE OF. EXISTING 3UB-STANDARD
TATS OR PARCELS AND OTHER REaU1REMEN'PS II0 Ct3NNEGTION
WITH LAND DIVISIONS AND FOR PROVIDING FOR PENALTIES
FOR FAILUSE TO COMPLY.
The Mayor and the City .Council of the City of Elsinore, California, do
ordain as follows:
SECTIQN 1: Purpose. The Mayor and City.Coi~ncil do hereby declare that
the enactment of this ordinance is necessary to-protect the public health,
safety and general welfare of the inhabitants of the City in order to:
(aj Control the orderly growth and development of the City;
(b) Provide for the-use of sub-standard lots or parcels of
land in esistance prior to September 22, 1860;
(c) Provide for adequate lot sizes in any subsequent division of
laud;
(d) Provide for adequate access;
(e) Make adequate provision for easements end rights of way for
inste].latioa of necessary utility facilities.
SECPION 2: Definitions. As used is this Ordinance, the 'Eerm "City"
means the City of'Elsiaore; "Council" means the council of the City of
Elsinore; "Planning Commission" means the City Planning Caumnission of the City
of Elsinore; "Owner" includes the plural and mesas any and all persons owning
~ interest in'`lank to be divided and whose consent is necessary to the
dedication of land, rights of way or easements.
SECTION 3 General Provisions.' AnY lot shown upon ea official sub-division
'map duly approved and recorded or say lot for which a bona %ide deed has been
recorded prior to September'22, 1960 may be used as a building"site, provided
the required setbacks are maintained and"provided that said lot 'has a minimum
width of 25 `feet, and provided that the owner thereof owns no adjoining land
which could be incorporated into the building site.
'(s) On"interior and through lots; the side yard'shall be'ten (10)
-: r, per cent of the width of the lot, provided no side yard shall
be less than three (3) feet and need not exceed five (5) feet.
On corner and reversed eot~ner lots, the side yard shall be ten
(10) feet from the"street line upon which the ..main building
sides except that where a corner or'reversed corner lot is less
than fifty feet (50) wide, such side-yard need not exceed twenty
:: ', (20) per cent of the width of the lot, The inferior side yard
for such lots shall be the same as for interior lots, provided,
however, that no accessory building on the rear of 'such lots may
project beyond the front yard line on the"lots in the rear unless
it is found by the Planning Commission'that"this 'regulation can-
not reasonably be complied with.
(b) No person, firm, or corporation shall subdivide or make a Band
division of say property-in violation of the Map-Act of the
State oP California, or the Subdivision Ordinance of the City of
Elsinore, or make any land division,: as Herein defined, contrary
to the provisions of this ordinances
(c) No land division into leas than (5-)--parcels-shall fiereafter be
made unless each parcel or lot created by such division'has:
(i) N minimum of 6000 square feet with a fifty (50) foot
minimum widtks;
(ii) Frpntage on a public street or roadway. Private
streets or easements for ingress and egress may be
used with the approval of the Planning Commission,
when the Commission finds that there is adequate
eprovision for their construction and continued main-
tenance;
(i11)~ Boundries entirely within the City of Elsinore and is
nattdivided by a county, school district or other tax-
ing agency boundry line;
(iv) Adequate"easements and rights of way .for installation
of necessary:.utility facilities.
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(d) An}r deed of conveyance, sale or contract to sell, made contrary
to the provisions of this ordinance after the effective date of
this ordinance, is voidable at-the-sole option of the grantee,
bearer or person contracting to-purchase;-his heirs, personal
representative, or trustee-in insolvency or'6ankruptcy within
one year after the execution of•the deed of conveyance, sale
or contract to sell, but the deed of conveyance sale or con-
tract to §etl~-is binding upon any assignee 'or transferee of
the grantee, buyer or:person contracting to purchase, other
than those'enumerated, and upon'the granter, vendor or person
contracting-to sell,-or his 'assignee or-heir.
SECTION 4; Building Permits. The Buildiug Department of the City. of
Elsinore shall not issue any permits for building upon any land which has been
divided in violation of or contrary to the provisions of this ordinance.
SECTION 5: Separate Enactment of Parts. If any sections subsection,
sentence, clause or phrase or provision of this ordinance is, for say reason,
held to be invalid, such division shall not affect the validity of the re-
maining portion'of'the ordinance. The-Council hereby declared that, had it
known of the inval3dity'of sash se~tion'subsection,.senteace, clause; phrase
or portdon hereof, at the time"'of the passage of this ordinance, it:would
have passed the remainder }iereof without such-invalid portion.
._
SECTION 6; Repeal. All ordinances sad parts of ordinances of the G1ty
in conflict herewith are.heregy repealed,'prgvded-that such repeal shall not
affectauy tentative map or final he"retofore approved by or now pending before
the Planning Co~isaion"or the Council;!'nor shall such=repeal affect any
.agreement, bond'or other obligation heretofore made or'given~ pursuant to any
ordinance in effect prior to such repeal.
"SECTION 7: `Certification. The City Clerk shall certify to the adoption
of this ordinance and cause the same to be published in'the meaner prescribed
by law.
ADOPTED by the Mayor-and City Council and signed by the Mayor and attested..
to by the City Clerk this 23rd day of October; 1967
T born
" or 'of the-City of Elsinore