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HomeMy WebLinkAboutOrd. No. 1984-717ORDINANCE N0. 717 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.65, LAKESHORE OVERLAY DISTRICT, TO THE MUNICIPAL CODE, PROVIDING CRITERIA FOR DEVELOPMENT, USES AND ACTIVITIES WITHIN THE LAKE SHORELINE AREA FOR ENHANCEMENT AND PRESERVATION OF THE NATURAL RESOURCES OF SAID ZONING DISTRICT AND GIVING AUTHORITY FOR ENFORCE- MENT OF ILLEGAL TRESPASSING, LITTERING AND PARKING, INCLUSIVE, ALONG AND/OR WITHIN SAID DISTRICT, AND ESTABLISHING JUDICIAL PROCESS AND FEES TO BE IMPOSED TO VIOLATORS. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: There is hereby added to the Lake Elsinore Municipal Code Chapter 17.65, Lakeshore Overlay District, the following sections: Section 17.65.010 - Purpose The purpose of the Lakeshore Overlay Zone is to insure that retention of certain water areas and shoreline areas in water-oriented activities are in conformance with the Lake Elsinore General Plan. Any parcel in the Lakeshore Over- lay District may be occupied by a principal use listed in Section 17.65.040, or, when authorized by the City Council, by a Conditional Use listed in Section 17.65. 050. An additional purpose of the Lakeshore Overlay District is to implement the relevant General Plan Programs and give enforcement of violators thereof as herein defined. Section 17.65.020 - Lake Shoreline Area Defined 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 1240' MSL and from Main Street northwesterly to Iowa Street, a distance of approximately 3.45 miles. Section 17.65.030 - Definitions For the purpose of this title, certain words and terms are defined as set out in this chapter. A. Littering - Litter shall include, but not limited to, willful or negligent throwing, dropping, placing, depositing, or sweeping, or causing any such acts, of any waste matter or materials on any land or water in other than specified approved storage/waste containers, as so designated. B. Trespassing - Trespassing shall include, but not limited to, any and every person who willfully or negligently commits a trespass by any of the following acts: 9 1. Enters upon any private land, owned by any other person; 2. Any person entering upon any private land, not owned by that person; 3. Entering upon any land, owned by another or not by that person, whether posted or not by any person; and _ 4. Entering upon ,any land, owned by another or not by that person, posted or not, whether unenclosed or enclosed by prohibitive/ restrictive entrance, by any person. C. Illegal Parking of Vehicle - "Vehicle" shall be defined as outlined within the State of California Vehicle Code. Illegal 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: 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 right-of-way, that is posted in vergiage, stating, "No Parking, Stopping or Standing - Tow Away Zone," or as prescribed by law, including State Highways. Section 17.65.040 - Permitted Uses Uses permitted in the Lakeshore Overlay District shall be as follows: A. Floats and dolphins for private pleasure craft; boating marinas and fishing facilities; boat rentals. B. Boating, at designated locations. C. Swimming, at designated locations. D. Fishing, at designated locations. E. Publicly owned park, when in conformance with the Lake Elsinore General Plan. F. Existing occupied single-family residences and existing operated businesses. G. Jet ski rentals. H. Piers and docks for private pleasure craft. I. Restaurant, but excluding: 1. Establishments serving customers within their automobiles on -2- the premises or preparing food/drink for consumption off of, or drive-away/through the premises; and 2. Establishments primarily preparing food/drinks intended for consumption off the premises. J. Overnight camping is limited to authorized/established State/private facility, per City Ordinances No. 410 and No. 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. Section 17..65.050 - Conditional Uses The following uses are allowed in the Lakeshore Overlay District pro- vided a Conditional Use Permit has been granted by the City Council, after notice and public hearing before the Planning Commission and City Council: A. Campgrounds and picnic grounds (also requiring additional compliance with California State Code, Title 25). B. Tennis courts. C. Athletic fields. D. Play grounds. E. Hiking and bicycle trails-tracks. F. Recreational vehicle/trailer. parks (also requiring additional com- pliance with California State Code, Title 25). G. Motels. H. Other retail uses as deemed similar to the above mentioned uses. Section 17.65.060 - Prohibited Uses Any uses not specifically listed as allowed, either by ownership right within 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 City Codes, parking lots and unauthorized vending/peddling and selling. Section 17.65.070 - Development Standards A. Ten thousand (10,000) square feet minimum lot area. B. One hundred (100) feet minimum lot width. C. Minimum yard setback requirements shall be as follows: 1. All uses shall maintain a minimum setback of thirty (30) feet from Lakeshore Drive; 2. Side yard setback shall be five (5) feet; and -3- 3. Rear yard setback shall be established by the City Council on a case by case basis. D. Fences may be erected within the Lakeshore Overlay District, subject to approval of architectural theme determined by Planning Commission. No fees required to review. E. Stumps and dead trees to conform with existing Municipal Codes. F. Access for any use must be 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. G. Any use approved as a Conditional Use must conform to the Lake Elsinore General Plan. and requirements for Scenic Corridors. Section 17.65.080 - Parki Parking shall be allowed in conjunction, or maintained in accordance with, Sections 17.65.040, 17.65.050, and 17.65.070, in addition to meeting all other City Codes. No other parking shall be permitted and is prohibited as defined within Sect ion 17.65.030. C. Violations shall be enforced as herein provided. Section 17.65.090 - Materials to be Submitted In addition to all materials and procedures required by the City's sub- division, zoning, building and grading regulations, and environmental review pro- cedures applicable to lake shoreline development projects falling within the scope of this Chapter, the following application materials shall be required to be sub- mitted for lake shoreline development projects: A. A plot plan reflecting the proposed project including repre- sentations of property lines, all records and proposed pro- perty lines., all recorded and proposed easements, and public right-of-way. B. A topographical map of the project site and adjacent terrain located within 150 feet of the project boundaries. C. A complete grading plan for the project. D. A landscaping plan which shall accurately show the final disposition of all existing trees on the project site and the type and extent of proposed vegetation. E. If the development project is within an area of special flood hazard, developer shall also submit a properly -4- executed flood hazard deed notification document, which shall be recorded by the City to provide constructive notice to all future purchasers and encumbenances con- cerning the flood hazard. ion 17.65.100 - Non-Conforming Uses Any structure or use within the Lakeshore Overlay District which does not comply with the provisions of this Ordinance, but which is legally in existence, shall upon such date acquire the status of a lawfully non-conforming structure or use, subject to all Municipal Godes and Ordinances. A. Unoccupied structures and buildings subject to Section 15.08.020. B. Campgrounds, unless a Conditional Use Permit is granted - one (1) year is given to bring into conformance with all City Codes and State of California, Title 25. C. Foundations, wa11s and other concrete structures, not used for retaining purposes, not in conjunction or necessary with existing or developed property, shall be removed within six (6) months. D. Open storage, storage structures, storage of materials, trailers, vehicles and boats not related to existing residential. structures are prohibited unless stored. in a legal manner to City Codes. E. Stumps and dead trees, if not under water, shall be removed immedi- ately. F. Refuse materials shall be removed immediately. Section 17.65.110 - Enforcement Authori The City's Law Enforcement Agency and Code Enforcement Officers are appointed inspectors to assure compliance with all provisions herein and have the right to enter free of charge, at any time, upon any place or parcel of land, to investigate and determine compliance and/or to enforce and perform all the regu- latory provisions of Chapter 17.65.010 through 17.65.120. In Addition, the Code Enforcement Officers are hereby empowered to issue written citations/tickets to trespassers, persons who litter and illegally parked vehicle-violators, as defined in Section 17.65.030.A, B, and C, whether the vio- lator is physically present or not, found within the areas as defined within Section 17.65.020; these violation(s) shall constitute a prima facia presumption that the trespasser, person who litters and last registered owner bf record of vehicle, not having complied with the provisions of Section 17.65.030.A, B, and C, is responsible for such and is thereby liable for the cost of a fine as imposed and established hereafter. -5- Section 17.65.115 - 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 shall be fined not less than fifty dollars ($50.00) plus thirty-two (32) hours of community service cleaning up litter for the first offense, and an additional one hundred dollars (.$100.00) plus sixty-four (64) hours of community service cleaning up litter for each additional offense thereafter, up to a maximum of five hundred dollars ($500.00). B. Trespassing - Any person found in violation of trespassing shall be guilty of a misdemeanor with a maximum penalty of five hundred dollars ($500.00) or six (6) months in jail. C. Illegal Parked Vehicle - A minimum fine of fifteen dollars ($15.00) shall be set for vehicle(s) found in violation. Section 17.65.120 -.Administrative Appeal A. Any person aggrieved by or dissatisfied with the provisions of this Ordinance, may file a written appeal to the City Council as per City Codes and Ordinances. B. Any person aggrieved by or dissatisfied with the enforcement of this Ordinance, may appeal to the Municipal Court as structured within due process of California law. Section 17.65.1.25 - Liberal Construction - Conflict The provisions of this ordinance shall be liberally construed to effectuate their purposes. If there is a conflict between this ordinance and any other provi- lions of the Municipal Code, the provisions of this ordinance shall prevail. SECTION TWO. This ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON FIRST READING this 25th day of September 1984, upon the following roll call vote: AYES: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: NONE ABSENT: NONE ABSTENTIONS: NONE -6- PASSED, APPROVED AND ADOPTED UPON SECOND READING this 9th of October 1984, upon the following roll call vote: AYES: KNIGHT, MATSON, STRIGOTTE, VERMILLION, UALENZUELA NOES: NONE ABSENT: NONE ABSTENTIONS: NONE day (~,~~e%'Ge2c„~ //l Arta Vale ela, Mayor ATTEST: Jo Ann Mon y, ity C1~ (SEAL) -7- S. STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) I, Jo Ann P1oney, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on September 25, 1984 and had its second reading on October 9L lgg4 and was passed by the following vote: AYES: COUNCILMEMBERS: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE J ANN P10P1EY, CITY CLERK TY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) I, Jo Ann Money, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 717 of said Council, and that the same has not been amended or repealed. DATED: October 11, 1984 J ANN MONEY, C TY C ERK Y OF. LAKE ELSINORE (SEAL)