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HomeMy WebLinkAboutOrd. No. 1977-572., ., ..:. :. A` P> ' d'1, ` L ORDINANCE NO. 572 ANORDINANCE OF-THE CITY OF LAKE ELSINORE, CALIFORNIA, PROVIDING FOR PAYMENT OF CERTAIN FEES, INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS AND OFFERING FOR DEDICATION FOR PUBLIC STREET, ALLEY, UTILITY AND PARK PURPOSES PORTIONS OF LAND TO BE SO DEVELOPEDOR SIIBDIVIDED, OR MAKING INLIEU PAYMENTS FOR SUCH DEDICATIONS; AND RE- PEALING CHAPTER 13.20 (ORDINANCE 31 T, PAR. 1-8) CHAPTER 15.52 (ORDINANCE 461. PAR. 1-3) OF THE CITY OF LAKE ELSINORE,REPEALING SECTION 16.56.020 (ORDINANCE 529 -PAR. 6.10 (B), 1973) AND AMENDING TITLE l6 OF THE CITY OF LAKE ELSINORE MUNICIPAL CODE, AND REPEALING ORD. 555 AND-DETERMINING THIS ORDINANCE TO BE AN IIRGENCY MEASURE FOR THEPRESERVATIONOFTHE PUBLIC HEALTH, SAFETY AND FINANCIAL STABILITY OF THE CITY OF LAKE ELSINORE. WHEREAS, there exists a lack of, or deficiency in certain public 'improvements and facilities in the City of Lake Elsinore; and WI3EREAS, it is necessary to provide for orderly growth,-the installation of certain public improvements and upgrading of certain public facilities to maintain the existing level of service for the City; and WHEREAS, new construction is the main cause creating demand for the public improvements and facilities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: Section L Any person, firm, association or corporation desiring or intending to-build or construct any building or structure or any addition or alteration which. requires a building permit or permits, the cumulative square footage of which additions or alterations shall, after the date of adoption of this Ordinance, constitute a total of 650 square feet of additions or alterations, shall file a written application with the Building Inspector of the City together with certain plans, offers of dedication and shall pay certain fees prior to issuance of a Building Permit. These plans and the various fees are stated herein with amount as stated in the resolution adopted by the City Council: A. Plans to be submitted: 1. Plot Plan 2. Grading Plan 3. Street improvement Plans and Drainage Plans 4. Plans for Extension of Utilities, if such extension may be required. 5. Certificate of Survey. ~. ,„ 1 r.. ~ I ., ] ~ .. .~ ,. I .~.{ ~. v a J~~ i • ~..- S~ i ~ ~ ~.5 ,. r _ 's. .,.. ..:' '.... ......t .. ,. :._. _...~a9J>x~.a+.Mw.Mwriu~waa~ +..u~ev.~.Sau~ea...ua.a~'a.:_._ ..wa.~.rt5enwre`.AVr~~xv2L+«v:rMtim ¢.ia ice..+~.vim .. evive ...m. v~xtiwa~h .v=wan~ .aammavenv:.aa.. _.. J ,.. .a B. .Offers of Dedication to be submitted as may be required: 1. A grant deed to the City for dedicating for street ~ purposes in accordance with. the .adopted street width j for the location of proposed building site. 2. A grant of easement for the purpose of constructing, maintaining .and operating water system, sewer .system, storm drain system and other utilities as may be required by .the City. 3. - A grant deed to the City for dedication of land for public park purposes or in lieu payment to the Park Capital .Improvement Fund, in accordance with the formula specified in the resolution. C. Prior to issuance of Building Permit: '1. The plans enumerated in'SUbsection A above shall be `approved and the public improvements to include curb, gutter,. sidewalk, paving, storm drains, water system, sewer system,. street lighting and other utilities shall be constructed or construction. thereof secured with a deposit, the amount to be determined by the. City Engineer, securing the installation of these improvements by the applicant. prior to occupancy permit. No occupancy permit shall be issued until the required improvements have been installed, or 2. Upon recommendation of the City Engineer and concurrence of the City Manager, the City Council may authorize signing of an agreement between the City and the owner of the property delaying the installation of such improvements that may be impractical to install at the time of building permit. Such agreement would require the owner to install or cause to be installed the required improvements at such time as the City requests installation of these improvements. _2_ 3. The utilities such as water and sewer, when requiring extensions to serve any parcel to be developed shall be constructed by the owner's licensed contractor. Contractor performing such extensions shall be properly licensed by the State Board for the type. of work. he is proposing to perform, shall deliver to the City certificate of insurance indicating that he is fully covered for public. liability, damage. and vehicle insurance in the amount required by resolution. 4. The parcels shall be deemed served by City water and sewer if the distance in feet from the closest property line to the facility to be extended shall be 200 times number of lots to be developed. S. Reimbursement for extension of public utilities benefiting .other parcels shall be in accordance with Chapter 13..12 of the City of Lake Elsinore Municipal Code. 6. .City of Lake Elsinore or any of its employees shall be prohibited from construction or participating in the construction of main line utilities for private developer unless specifically directed to do so by the City Council of City of Lake Elsinore. The costs of such construction if directed by the City Council shall be direct labor, material and equipment costs plus overhead. The estimate of such construction shall be prepared by the City Engineer and a deposit shall be made by the applicant with the City Finance Director. Upon completion of the work, any additional costs incurred by the City shall be paid by the applicant. Any unused portion of the deposit shall be refunded to the applicant. -3- • ~ .. : _ .~ ~r i. .,~,»;.~,~ ......~..,..~, ~,..w.__.~_~,.o.„.,~,n, ~.d..,, _..~._. _~,,,., .~ D. Prior to issuing of a Building Permit, the applicant in addition to the requirements set forth above, shall be required to pay .such fees, for the purposes described herein, and in a specific amount set forth in a resolution: 1. Sewer Capital Improvement Fund, for the purpose of local portion of the cost of expanding the existing sewage treatment plant, and future construction of sewage treatment plant facilities.. In .the future, when the " financing for the local portion of the regional facility is being considered, a credit shall be given those properties which have paid as provided for by this Ordinance for the expansion of the facilities. No refund shall be considered as a result of the credits. so considered.. The .funds so collected shall be placedin a special. Sewer..Capital Improvement Fund and shall be used ex- clusivelg for capital improvements associated with the sanitary sewer. system construction. 2. Water Capital Improvement Fund for. the purpose of replacing the existing reservoir;~booster system and upgrading of the transmission and distribution system within the service area of the. City of Lake Elsinore. 3. Street Capital Improvement Fund: (a) For the purpose of capital improvement project of arterial and collector streets throughout the City. .The funds so collected shall be set aside to supple- ment gas tax revenues and other revenues which may be budgeted and. made available by the City Council for that purpose. (b) For the purpose of maintenance and operation of the local roads to supplement the gas tax revenues or other revenues which may be budgeted and made avail- . able by the City Council for that purpose. -4- 4. Park Capital Improvement Fund: -~ For the. purpose of purchasing the .land, developing and maintaining the City park system. The City Council shall have the option to request dedication for park purposes or in. lieu thereof request that the applicant pay a fee in accordance with the resolution setting said fees. .5. ..Storm Drain Improvement Fund: For the purpose of developing a storm-drain master plan and .a storm drain system in accordance with said master plan. Said fees shall be established by a resolution and. shall be glaced in Fund exclusively for the use ,specified herein above. 6. Plan checking fees shall. be established by resolution of the City. Council and shall be used for the purpose of offsetting administrative and engineering costs foY processing the improvement plans and Design Review Board applications. In .addition to the plan checking fees ~: herein provided for there shall be the plan checking fees as provided €or by the building code. Section 2: It shall be unlawful for any person,. firm, association or corporation to build or construct any building or structure or any additions or alterations without complying with the provisions of this Ordinance, and .any person, firm, association or corporation who violates any of the provisions of this Ordinance shall be guilty of a misdemeanor and shall be punished in accordance with Ordinance No. 541 Section 1 and as contained in .Section 1.16.010 of the Municipal Code of the City of Lake Elsinore. Any of the. above .named persons shall be deemed guilty of a separate offense for each and every day during which any violation of this Ordinance is committed, conducted or permitted by any of the above named persons. Section 3: Any of the above named persons who violate any of the provisions of this Ordinance .shall not be entitled to the installation of .any public utilities such as water and sewer connections or any other public utilities over which the City has jurisdiction until such time as said persons have complied with this Ordinance. -5- e - ~ ^~ •. a : , ATTEST: Section 4: In addition to the remedies and penalties as herein- above,provided, the City shall have the right to bring a civil action for an injunction or other relief against ..such person or persons who have violated the provisions of this Ordinance.. The remedies and penalties provided herein shall be accumulative and not exclusive. ..Section 5: In the. event that any provision of this Ordinance is determined to be invalid by a Court of competent jurisdiction the remaininglsections shall remain in full force and effect. Section 6: This ordinance is determined to be an urgencg measure for the preservation of the public.health, aafety and financial stability of the City of Lake. Elsinore. , Section 7: This ordinance shall be published and shall become effective as provided by law. .APPROVED, ADOPTID AND SIGNED this25th dayof. July, 1977 by the following roll call votes Ayes:.: Councilmen .Torn, Crowe, Carter, Harris,DePasquale. Noes: None Abstained: None \ ~ ~.~ ~~~r~~ ~~~ ~ P/J Florene Marshall City Clerk City of. Lake Elsinore -6- Mayor City of Lake Elsinore