HomeMy WebLinkAboutOrd. No. 2003-1105
ORDINANCE NO. '11Q5
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
AMENDING AND REST A TING CHAPTER 15.68 OF THE LAKE
ELSINORE MUNICIP AL CODE REGARDING FLOODPLAIN
MANAGEMENT
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ORDAINS AS FOLLOWS:
SECTION 1: That Sections 15.68.010, 15.68.020, 15.68.030, 15.68.040, 15.68.050,
15.68.052 and 15.68.060 of Chapter 15.68 are hereby deleted and that the following Sections
15.68.010, 15.68.020, 15.68.030, 15.68.040, 15.68.050, 15.68.052 and 15.68.060 are hereby added to
Chapter 15.68 as follows:
CHAPTER 15.68
Sections:
15.68.010 Residential structures.
15.68.020 Nonresidential structures.
15.68.030 Additions, alterations or repairs.
15.68.040 Fill.
15.68.050 Septic tanks, cesspools, leach lines or seepage pits.
15.68.052 Buildings, structures or improvements.
15.68.060 Chapter not to affect Chapter 15.64.
15.68.010 Residential structures. No person, shall construct any new residential structure
within the perimeter streets of Grand Avenue, Riverside Drive, Lakeshore Drive, Mission Trail and
Corydon Road along the shore of Lake Elsinore such that the foundation or basement shall be below
an elevation of one thousand two hundred and sixty-four (1264) feet mean sea level, plus a
maximum of three (3) feet for wave run-up as determined by the Flood Plain Administrator.
15.68.020 Nonresidential structures. Except as may be specifically permitted by the City
Council, no person, shall construct any new nonresidential structure within the perimeter streets of
Grand A venue, Riverside Drive, Lakeshore Drive, Mission Trail and Corydon Road along the shore
of Lake Elsinore such that the foundation or basement shall be below an elevation of one thousand
two hundred and sixty-four (1264) feet mean sea level, plus a maximum of three (3) feet for wave
run-up as determined by the Flood Plain Administrator.
15.68.030 Additions, alterations or repairs. No person, shall construct any substantial
improvements as defined by Section 15.64.050 upon existing structures within the perimeter streets
of Grand Avenue, Riverside Drive, Lakeshore Drive, Mission Trail and Corydon Road along the
shore of Lake Elsinore such that the foundation or basement shall be below an elevation of one
thousand two hundred and sixty-four (1264) feet mean sea level, plus a maximum ofthree (3) feet
for wave run-up as determined by the Flood Plain Administrator.
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15.68.040 Fill. No person, shall import fill material within the perimeter streets of Grand
Avenue, Riverside Drive, Lakeshore Drive, Mission Trail and Corydon Road in Federal Emergency
Management Agency (FEMA) designated flood plain without first complying with all applicable
local, State and Federal laws, rules and regulations and Section 404 of the Clean Water Act; (Title
33, CFR Parts 320, 323, 325-328 and 330).
15.68.050 Septic tanks, cesspools, leach lines or seepage pits. No septic tank, cesspool, leach
line or seepage pit shall be constructed until written approval is first obtained from the Department
of Health of the County, and the Regional Water Quality Control Board, when such additional
approval is required by the City Engineer, Director of Building and Safety, or Department of Health
of the County.
15.68.052 Buildings, structures or improvements. No buildings, structures or substantial
improvements as defined by Section 15.64.050 to buildings shall be constructed upon all lands
below the one thousand two hundred and sixty-five (1265) feet elevation mean sea level,
southeaster! y of the lake levee and no artificial change in the topography in the surface of such lands
shall be made (except terracing and soil conservation measures) without first complying with all
applicable local, State and Federa11aws, rules and regulations and Section 404 ofthe Clean Water
Act; (Title 33, CFR Parts 320, 323, 325-328 and 330).
15.68.060 Chapter not to affect Chapter 15.64. Nothing contained in this chapter shall be
construed to affect the validity of Ordinance No.1 078, codified in Chapter 15.64, which shall remain
in full force and effect. No building permit shall be issued by the City which is in violation of the
provisions of this chapter or Ordinance No. 1078.
SECTION 2:
SEVERABILITY
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 Ordinance and are hereby declared to be severable.
SECTION 3:
NOTICE OF ADOPTION
The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be
published and posted in the manner required by law.
SECTION 4:
EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk
shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in
the manner required by law.
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PASSED, UPON FIRST READING this26ttrlay of Augus t ,2'0'03, by the following roll
call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY
N'ONE
ABSENT: COUNCILMEMBERS: N'ONE
ABSTAIN: COUNCILMEMBERS: N'ONE
PASSED, APPROVED AND ADOPTED this 9th day of September, 2'0'03, by the
following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
BUCKLEY, KELLEY, SCHIFFNER
N'ONE
ABSENT:
ABSTAIN:
COUNCILMEMBERS: HICK). BRINLEY
COUNCILMEMBERS: NONE
i ~
2)~.bJ
Vicki Kasad, City Clerk
APPROVED AS TO FORM:
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY
CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the
26th day of August, 2003; and approved upon second reading by title only on the 9th day of
September, 2003, by the following roll call vote:
AYES:
COUNCILMEMBERS:
BUCKLEY, KELLEY, SCHIFFNER,
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
HICKMAN, BRINLEY
NONE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, 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. 1105 of said Council, and that the same has not been amended or repealed.