HomeMy WebLinkAboutOrd. No. 2002-s. 1079-1088
ORDINANCE NO...lill.9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA ADDING SECTION 10.56.070 TO TITLE 10, CHAPTER 10.56 OF
THE LAKE ELSINORE MUNICIPAL CODE, PERTAINING TO THE USE OF
SAFETY EQUIPMENT BY PERSONS PARTICIPATING IN SKATEBOARDING, IN-
LINE AND ROLLER SKATING IN DESIGNATED PUBLIC AREAS
The City Council of the City of Lake Elsinore, California, does hereby ordain as follows:
SECTION 1 That Section 10.56.070 is added to Title 10, Chapter 10.56 of the
Lake Elsinore Municipal Code to read as follows:
Sec. 10.56.070
Safety Equipment
Persons participating in recreational activities at the McVicker Canyon Skate Park
or other areas designated by the City Council for activities which include the use of
skateboards, in-line skates or roller skates shall wear the following safety equipment:
(a) Helmet
(b) ~eepads
(c) Elbow Pads
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 ofthis 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.
PASSED, UPON FIRST READING this 12 day of February, 2002, by the
following roll call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY
-
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED this ~ day of Februa ry , 2002, by
the following roll call vote:
AYES: COUNCILMEMBERS:
BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER,
KELLEY
NONE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
P<; ~7-
Mayor
- ATTEST:.
-rS~D
- ':'icki Kasad, City Clerk
APPROVED AS TO FORM:
B~~:tid2
-
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
12th day of February, 2002; approved upon second reading by title only on the 26th day of
February, 2002, by the following roll call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, BUCKLEY, HICKMAN,
SCHIFFNER, KELLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
-
A8STAIN: COUNCILMEMBERS:
~-_ 1/... \
VIC~S~ CLERK
CtTY OF LAKE ELSINORE
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 HEREB Y CERTIFY that the above and foregoing is a full, true and correct copy
of Ordinance No. 1079 of said Council, and that the same has not been amended or repealed.
DtTED: .~ebruary 28, 2002
_01 ~kJ
-~KI ~ASAD, CITY CLERK
-~'?ITY OF LAKE ELSINORE
-
-
(SEAL)
ORDINANCE NO. 1080
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ADDING CHAPTER 10.76 TO TITLE 10 OF THE LAKE ELSINORE
MUNICIPAL CODE, ESTABLISHING A TRAFFIC OFFENDER FUND
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ORDAINS AS FOLLOWS:
SECTION 1: That new Chapter 10.76 be, and the same is hereby, added to Title 10
of the Lake Elsinore Municipal Code to read as follows:
Chapter 10.76
Sections:
10.76.010
10.76.020
10.76.030
10.76.040
10.76.050
10.76.060
10.76.070
Purpose and intent
Definitions
Establishment of Fund
Expenditure of Monies
Establishment of Administrative Fee
Accumulation of Monies in Fund
Waiver of Administrative Fee
10.76.010 Purpose and intent. It is the intent of this chapter and any subsequent amendments
thereto to prescribe the operation of a Traffic Offender Fund by the City of Lake Elsinore ("City")
and Lake Elsinore Police Department ("Police Department").
10.76.020 Definitions. For purposes of this chapter, the following terms, phrases, words, and
derivations shall have the meaning given in this section:
"Chief' means the Chief of Police of the Police Department of the City of Lake Elsinore.
"City Manager" means the City Manager of the City of Lake Elsinore.
"Police Department" means the Police Department of the City of Lake Elsinore.
"TOF" shall mean the Traffic Offender Fund
10.76.030 Establishment of Fund. There is hereby established a special fund for the
purposes of receiving and expending Administrative Fees collected pursuant to Chapter 10.76. This
special fund shall be known and designated as the "Traffic Offender Fund."
10.76.040
Expenditure of Monies.
The appropriation of all monies in the Traffic Offender
P AGE TWO - ORDINANCE NO. 1080
-
Fund shall be made exclusively for the purposes of traffic safety programs within the City and shall
be administered by the Police Department. The traffic offender program shall include the
enforcement of, education for, and prosecution of a suspended or revoked driving privilege,
unlicensed driver, and persons' driving under the influence of alcohol and/or drugs. Expenditures
shall include, but not be limited to, purchase of equipment, contractual services, material and
supplies, or any other expenditure related to traffic safety and the enforcement of traffic laws within
the City by the Police Department.
10.76.050 Accumulation of Monies in the Fund. The balance remaining in the Traffic
Offender Fund at the close of any fiscal year shall be deemed to have been provided for a specific
purpose and shall be carried forward and accumulated in the fund for the purposes set forth herein.
10.76.060
Establishment of Administrative Fee.
A. A fee to reimburse the City for costs incurred in the administration of procedures for
removing vehicles shall be charged by the Lake Elsinore Police Department to the owner of a vehicle
removed pursuant to Sections 14602.6, 22651 (h), 22651(0), 22651(P), or 22655.5 of the California
Vehicle Code. These charges shall be in accordance with and by the authority of Section 22850.5
of the California Vehicle Code.
B. The Chief shall propose the fee authorized by Chapter 10.76 and such fee shall be
known as the TOF Fee. The TOF Fees shall not go into effect until approved by resolution by the
City Council. The TOF Fee shall not exceed an amount that covers the actual administrative costs
incurred by the City relating to the removal, impoundment, storage, and release of the vehicle.
C The Chief, with the approval of the City Council, is hereby authorized to adopt such
rules, regulations, and procedures as are necessary for the release of properly impounded vehicles
and for the Police Department to impose, collect, and administer the TOF Fee by this section.
10.76.070 Reimbursement for Tow on Vehicles. The Police Department may waive the
TOF Fee due to extenuating circumstances. It is not the intention of the City nor the Police
Department to penalize victims. Circumstances under which the administrative fee may be waived
include:
1. Because the vehicle was towed and stored without authorization by any of the
several provisions of the California Vehicle Code;
2. Because a vehicle was towed or stored as a recovered stolen vehicle and the
legal or registered owner lives within the boundary of the City.
SECTION 2:
SEVERABILITY
If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any
PAGE THREE - ORDINANCE NO. 1080
-
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.
PASSED, UPON FIRST READING this 26th day of March, 2002, by the following roll call
vote:
AYES: COUNCILMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER,
KELLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED this 9th day of April, 2002, by the following roll
call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER,
KELLEY
NONE
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
PAGE FOUR - ORDINANCE NO. 1080
-
A"f't~S--T' -- --
... .-t . _
;r
t
~UW
vicKrK1isad~ City Clerk
APPROVED AS TO FORM:
--
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 March, 2002; approved upon second reading by title only on the 9th day of April, 2002,
by the following roll call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, BUCKLEY, HICKMAN,
SCHIFFNER, KELLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
- - -
--_(.\BST:AIN-:- - -:_ COUNCILMEMBERS:
2) . n. fL..j
vi~SAD, CITY CLERK
CITY OF LAKE ELSINORE
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. 1080 of said Council, and that the same has not been amended or repealed.
DVW'Aj>ri117,2002
vJhU
VICKI KASAD, CITY CLERK
ClTY{)F LAKE ELSINORE
(SEAL)
ORDINANCE NO. 1081
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ADDING CHAPTER 16.74 TO TITLE 16 OF THE LAKE ELSINORE
MUNICIPAL CODE ESTABLISHING FEES ON DEVELOPMENT
PROJECTS
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ORDAINS AS FOLLOWS:
SECTION 1: That new Chapter 16.74, and the same is hereby, added to Title 16 of
the Lake Elsinore Municipal Code to read as follows:
Sections:
16.74.010
16.74.020
16.74.030
16.74.040
i6.74.050
16.74.060
16.74.070
16.74.080
16.74.090
16.74.100
16.74.110
16.74.120
16.74.130
16.74.140
16.74.010
Purpose and intent.
Definitions.
Development Impact Fees.
Traffic Infrastructure Fee.
Reserved.
Resolution establishing the amount of Development Impact Fti:s.
Determination of Development Impact Fees.
Payment of fees for non-residential development.
Payment of Development Impact Fees on Residential Develcpment.
Delinquency, penalty and interest.
Administration of Development Impact Fees.
Consideration in lieu of fee -- Credits.
Development Impact Fee nonexclusive.
Appeals.
Purpose and intent.
The City Council finds that Lake Elsinore is a rapidly growing city. The City's population has the
potential to grow from a current population of about 34,000 to approximately 80,000 at year 2025.
As a result, new development of land within the City imposes increased demands on the City's
capital improvements and operational services. This chapter establishes the program for the adoption
and administration of Development Impact Fees by the City for the benefit of the citizens whereby as
a condition to the issuance of a building permit or certificate of occupancy by the City the property
owner or land developer will be required to pay Development Impact Fees or provide other
consideration to the City for the purpose of defraying the costs of public expenditures for capital
improvements (and operational services to the extent allowed by law) which will benefit such new
development. The Development Impact Fees established herein shall be imposed in an amount based
upon a unit of measurement, including but not limited to, the gross square footage, number of acres,
number of lane miles, number of residential dwelling units, or some similarly fair and reasonable
1
basis in order to finance the above referenced capital improvement and operational services, the
demand for which is generated by new development in the City.
16.74.020
Definitions.
Unless the context shall require otherwise, the definitions set forth in this section shall apply to the
following terms as used in this chapter:
"Accessory Structure" means private garages, children's' playhouses, antennae's, windmills, silos,
tank houses, workshops, barns, coops and other buildings that are accessory to a one- family or two-
family dwelling.
"Building permit" means the permit required for new construction and additions pursuant to this
title. The term "building permit," as used herein, shall not be deemed to include permits required for
remodeling, rehabilitation, or other improvements to an existing structure or rebuilding a damaged or
destroyed structure, provided there is no increase in gross floor area of commercial or industrial
development or in the number of dwelling units in residential developments resulting there from.
"Capital improvements" means any and/or all of the public facilities and infrastructure
improvements, including acquisition ofland, design and construction, equipping and installing, and
related capital costs which are to be financed in whole or in part by the imposition of Development
Impact Fees.
"Capital improvements program" means the City's annually updated program indicating the
approximate location, size, time schedule and estimates of cost for public facilities and
improvements.
"City" means the City of Lake Elsinore, a municipal corporation.
"Commercial development" means any development designated or intended to be occupied or used
for retail commercial, nonretail commercial, general business or other commercial purposes,
including sleeping rooms in hotels and motels with or without kitchens or kitchen facilities. It does
not mean repair or replacement of a commercial building which has been accidentally damaged or
destroyed by natural causes or human activity provided there is no increase in the floor area of the
building.
"City Council" means the City Council of the City.
"Department" means the Community Development Department of the City.
"Development" or "Development Project" means any man-made change to improved or unimproved
real property, the use of any principal structure or land, or any other activity that requires issuance of
a Development Permit.
"Development Impact Fees" means any monetary exaction, other than a tax or special assessment,
2
which is charged to an applicant in connection with approval of a development project for the
purpose of defraying all or a portion of the cost of capital improvements and operational services
related to the development project, subject to the exceptions set forth in California Government Code
Sections 66000, et seq.
"Development Permit" means any permit or approval from the City of Lake Elsinore including, but
not limited to a general plan amendment, zoning or rezoning of property, a conditional use permit,
subdivision map, revised final planned development, building permit or other permit for construction
or reconstruction, and certificates of occupancies.
"General Plan" means the City of Lake Elsinore General Plan
"Industrial Development" means any development designed or intended for manufacturing,
processing, research, warehousing or similar uses. It does not mean repair or replacement of an
industrial building which has been accidentally damaged or destroyed by natural causes or human
activity provided there is no increase in the floor area of the building.
"Nonresidential Development" means any Development Project except for those projects or portion
of the project that constants Residential Development.
"Operational services" means public services and maintenance which are to be financed in whole or
in part by the imposition of Development Impact Fees, subject to ihe restrictions set forth in
Government Code Section 65913.8 and any other applicable law.
"Residential development" means any development consisting of one or more dwelling units. For
purposes of this Chapter 16.74, Residential Development does not mean:
1. Any addition to an existing single-family home or accessory structures; or
2. Repair or replacement of a residential building which has been accidentally damaged
or destroyed by natural causes or human activity provided there is no increase in the number of
dwelling units.
"Traffic Infrastructure" means transportation planning, preliminary engineering, engineering design
studies, land surveys, issuance of permits, and construction of any street and traffic construction
project.
16.74.030
Development Impact Fees.
In order to implement the goals, objectives, policies and specific actions of the General Plan of the
City, the capital improvement program and the City's annually adopted budget; to protect the health,
safety and general welfare of the City's population; to mitigate impacts of new development on the
level of service capacity in existing facilities; and to ensure that the burdens of financing capital
improvements and operational services are borne by the development projects benefited thereby,
every person constructing any new residential, commercial or industrial development shall pay to the
3
City prior to issuance by the City of the appropriate Development Permit, the Development Impact
Fee set forth hereinbelow and such other Development Impact Fees as the City Council may adopt
by resolution or ordinance as necessary and appropriate from time to time
16.74.040
Traffic Infrastructure Fee.
To mitigate the additional traffic burdens created by new development to the City's arterial and
collector street system, a Development Impact Fee identified as the Traffic Infrastructure Fee will be
imposed on all new development in the City to finance the costs of Traffic Infrastructure.
16.74.050
Reserved.
16.74.060
Resolution establishing the amount of Development Impact Fees.
The City Council shall by resolution establish the amount of the Development Impact Fees specified
in this chapter, which resolution(s) shall be consistent with the requirements of Assembly Bill 1600
(Chapter 927 Statutes 1989) as set forth in California Government Code Sections 66000, et seq. and
shall include the following:
A. Identify the purpose of the fee;
B. Identify the use to which the fee will be put;
C. Determine how there is a reasonable relationship between the fee's use and the type of
development project on which the fee is imposed;
D. Determine how there is a reasonable relationship between the need for the public
facility and the type of development project on which the fee is imposed; and
E. Determine how there is a reasonable relationship between the specific amount of the
fee imposed on a development project and the cost of the needed public facilities attributable to that
development project.
16.74.070
Determination of Development Impact Fees.
Upon the receipt by the Department of an informal request or of an application by a property owner
or land developer for any development action, the Department shall determine and give written
notice to the property owner or land developer of the applicability of this chapter to the development,
the amount, if any, of developable land to which such approval relates and the amount of the fee( s)
payable pursuant to the resolution(s) adopted pursuantto Section 16.74.060, which may be expressed
in terms of a formula. The Department need not give written notice to the property owner or land
developer for informal requests or in the event that it determines that no fee relating to such
development is payable pursuant to this chapter and the resolution(s).
16.74.080
Payment of fees for nonresidential development.
4
_ After the adoption by the Council of a resolution establishing the amounts of the Development
Impact Fees, no building permit shall be issued and no development shall be permitted on any non-
residential land within the City unless and until the Development Impact Fees relating to such
development and established by the resolution(s) adopted pursuant to Section 16.74.160 has been
paid unless a determination has been made by the department that no fee is payable pursuant to this
chapter.
16.74.090
Payment of Development Impact Fees on Residential Development.
After the adoption by the Council of a resolution establishing the amounts of the Development
Impact Fees, no certificate of occupancy shall be issued and no occupancy shall be permitted on any
residential land within the City unless and until the Development Impact Fees relating to such
development and established by the resolution(s) adopted pursuant to this Chapter has been paid
unless a determination has been made by the department that no fee is payable pursuant to this
chapter. For residential development containing more than one dwelling, the development fees for
the entire development shall be payable on a lump sum basis prior to the first dwelling unit in the
development receiving a certificate of occupancy. If the Development Impact Fee specified herein is
not fully paid at the time of issuance of a building permit for any portion of the development, the
Department may require the property owner or land developer, as a condition of issuing the building
pemlit, to execute a contract to pay the Development Impact Fee, or applicable portion thereof,
within the time specified herein and take such other steps to secure such obligation as allowed under
Government Code section 66007, subdivision (c).
16.74.100
Delinquency, penalty and interest.
If construction of any residential, commercial or industrial development is commenced without
payment of the applicable Development Impact Fees herein set forth and without obtaining a
building permit therefore, such fees shall become delinquent at the time such construction is
commenced. There shall be added to such delinquent fees a penalty of ten (10) percent, which shall
thereupon become payable. The fees and penalty shall bear interest at the rate of 0.833 percent per
month or portion thereof until paid, but in no event shall such interest exceed the maximum rate of
interest permitted by law. Such action shall also be subject to payment of building permit fees and
penalties as established by the City Council.
16.74.110
Administration of Development Impact Fees.
All of the fees collected pursuant to this chapter shall be deposited into separate specific amounts for
capital improvements and operational services of the City. These funds and any interest earnings
thereon shall be used solely for the purposes specified for funds of such account and solely for the
financing of capital improvements and operational services or to reimburse the City for capital
improvements and operational services funded or constructed in whole or in part by the City.
16.74.120
Consideration in lieu of fee -- Credits.
5
A. Notwithstanding the provision of Sections 16.74.030 and 16.74.070, upon application
by a property owner or land developer, the City Council may accept consideration in lieu of the
Development Impact Fees required pursuant to this chapter, provided:
1. The City Council, upon recommendation of the City staff, finds that the
substitute consideration proposed has a value equal to or greater than such fee; and
2. The substitute consideration is in a form acceptable to the City Council.
B. A property owner or land developer may elect to construct capital improvement( s). If
the property owner or land developer elects to construct such improvement( s), the property owner or
land developer must enter into an agreement with the City prior to issuance of any building permit
by the City, or alternatively, complete such capital improvement(s) prior to the issuance of the
Certificate of Occupancy. To the extent that the Department determines that an agreement is
necessary, the agreement must establish the estimated cost of the improvement(s), the schedule for
initiation and completion of the improvement(s), a requirement that the improvement(s) be
completed to City standards, and such other terms and conditions as deemed necessary by the City.
C. A developer of a commercial or industrial enterprise may be entitled to a reduction
deferral in Development Impact Fees if the City Council determines by resolution that such types of
development will contribute a significant amount of sales tax to the City, will create a substantial
number of jobs, or will enhance the City's quality of life or produce other desirable benefits to the
community, commercial or industrial enterprise.
16.74.130
Development Impact Fee nonexclusive.
The Development Impact Fees established herein are additional and supplemental to, and not in
substitution of, any other requirements imposed by the City on the development of land or the
issuance of building permits. The Development Impact Fee(s) are intended to be consistent with and
to further the goals, objectives, policies and specific actions of the general plan of the City; the
report; and other City policies, ordinances and resolutions by which the City seeks to ensure the
provision of public facilities and services in conjunction with the development of land. In no event
shall a property owner or land developer be obligated to pay for capital improvements and
operational services in an amount in excess of the amount calculated pursuant to this chapter and the
resolution(s) adopted pursuant to Section 16.74.160; provided, however, a property owner or land
developer may be required to pay, pursuant to City ordinances, regulations or policies for other
public facilities and services, including, without limitation, subdivision improvements and other fees
associated with development.
16.74.140
Determination of Development Impact Fees.
A. If the property owner or land developer for any development project feels that the
Development Impact Fee(s) assessed to his or her development do not accurately reflect the project's
fiscal impacts, the property owner or land developer may, at his or her own expense, undertake an
independent financial analysis of the development project, per the requirements of the "Guidelines
6
F or Independent Analysis" contained within the report. Such financial analysis shall be submitted to
the department for review. The department may recommend the original Development Impact F ee( s),
as derived by the urban structure program model established by the report, is accurate and will apply
to the project; the independent analysis and estimate of the Development Impact Fee(s) are accurate
and will apply to the project; a negotiated estimate of the Development Impact Fee(s) is agreed upon
to apply to the project; or that additional information and further study is required from the property
owner or land developer. Any property owner or land developer aggrieved by the determinations of
the department hereunder may appeal said determinations pursuant to the uniform appeal procedure
set forth in Chapter 2.44.
B. If the City Council finds and determines that the amount of the Development Impact
F ee( s) deposited exceeds the amount of the Development Impact F ee( s) required by the development
project, the difference shall be reimbursed to the property owner or the land developer.
C. If the notice of appeal is accompanied by a cash deposit in an amount equal to the
Development Impact Fee(s) due as calculated by department, the chief building official shall issue
the building permit. The filing of an appeal shall not stay the collection of the Development Impact
Fee(s).
SECTION 2:
SEVERABILITY
If any provision, clause, sentenc~. 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 sixty (60) 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.
PASSED, UPON FIRST READING this 28 day of May
vote:
, 2002, by the following roll call
AYES:
COUNCILMEMBERS:
BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
7
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED this ~ day of June
call vote:
, 2002, by the following roll
AYES: COUNCILMEMBERS:
BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
KELLEY
ABSTAIN: COUNCILMEMBERS:
NONE
.-- "._",
, Mayor
,it~
Vicki Kasad, City Cle k
APPROVED AS TO FORM:
8
-
EXHIBIT A
CITY OF LAKE ELSINORE
TRAFFIC INFRASTRUCTURE FEE
Single Family Residential
Multi Family Residential
Commercial Building
Office Building
Industrial Building
$1,197 per unit
$838 per unit
$3.35 per sq. ft.
$1.25 per sq. ft.
$0.71 per sq. ft.
-
-
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
28th day of May, 2002; approved upon second reading by title only on the 11 th day of June, 2002,
by the following roll call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, BUCKLEY, HICKMAN,
SCHIFFNER
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
KELLEY
-!--
0~1.J COUNCILMEMBERS:
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
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. 1081 of said Council, and that the same has not been amended or repealed.
.-
DATED: June 12,2002
~JL1:J
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
ORDINANCE NO. 1082
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AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ADDING, AMENDING AND DELETING DESIGNATED SECTIONS OF
CHAPTER 6.04 OF THE LAKE ELSINORE MUNICIPAL CODE
REGARDING ANIMALS AND ANIMAL CONTROL OFFICERS
WHEREAS, Chapter 6.04 of the Lake Elsinore Municipal Code established animal
control within the City of Lake Elsinore; and
WHEREAS, it is the purpose and intent of the City Council of the City of Lake Elsinore
to add, amend and delete specified sections of Chapter 6.04 of the Lake Elsinore Municipal Code
in order to update fees requirements and clarify the duties of Animal Control Officers.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS:
SECTION 1:
That Section 6.04.010 is amended and restated as follows:
6.04.010 Definitions. Whenever, in this chapter the following terms are used, they shall
have the meaning ascribed to them in this section unless it is apparent from the context thereof
that some other meaning is intended:
"Adequate shelter" means an area that has adequate space for the size dog being kept, and
that area should contain a shelter that would humanely house a dog from the elements.
"Animal Control Agency" shal~ mean the City of its designee, which may specifically
include the City's contractor for animal control services.
"Animal Control Director" means the Executive Director or similar executive officer of
the Animal Control Agency or hislher designee.
"Animal Control Officer" means the person or duly authorized agent of such person so
designated by the City.
"At large" means any dog which is off the premises of its owner, custodian or caretaker
and which is not under physical restraint by a leash of a size and material appropriate to the size
and temperament of the dog and which is held by a person capable of restraining such dog, or is
not otherwise physically restrained by some other device or instrumentality, except that such
device or instrumentality shall not include voice control, eye control or signal control of the dog
by any person, device or instrumentality.
"City" shall mean the City of Lake Elsinore.
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"Commercial cattery" means any building, structure, enclosure or premises whereupon,
or within which five or more cats four months of age or older, are kept or maintained, for
financial profit for the purpose of boarding, breeding, training, marketing, hire or any other
similar purpose.
"Commercial kennel" means any building, structure, enclosure or premises whereupon,
or within five or more dogs four months of age or older, are kept or maintained, for financial
profit for the purpose of boarding, breeding, training, marketing, hire or any other similar
purpose.
"Dog or cat owner" means any person harboring, pet sitting, caretaking, custodian,
resident at which registered owner, licensed owner, any person in charge of the animal.
"Electrified fence" means an accepted and approved form of fencing providing an
electrified perimeter within, and attached to a board, chain link, or block wall fence. Habitual
runaways or "at large" offenders could be mandated to install this device per the Animal Control
Agency.
"Exotic animals" means any nondomestic animal and/or any animal not native to the
Southern California area.
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"Impounded" means an animal having been received into the custody of the Animal
Control Officer authorized under the provisions of this chapter.
"License inspections" means door to door canvassing by an Animal Control Officer for
the purpose of determining whether dogs or cats have been vaccinated and are properly licensed.
"Noisy animals" means any animal or animals maintained on the same premises or
location whose excessive, unrelenting, or habitual barking, howling, crying, or other noise or
sounds annoy or become offensive to a resident or residents in the vicinity thereby disturbing the
peace of the neighborhood or causing excessive discomfort to any reasonable person of normal
sensitivity residing in the area.
"Noncommercial cattery" means any building, structure, enclosure or premises
whereupon, or within which five to ten cats, four months of age or older, are kept or maintained
for noncommercial reasons. Each cat must be altered by six months of age.
"Noncommercial kennel" means any building, structure, enclosure or premises
whereupon, or within which five to ten dogs, four months of age or older, are kept or maintained
for noncommercial reasons. Each animal shall be individually licensed at four months and
altered upon reaching six months of age.
"Person" means any individual, firm, partnership, joint venture, corporation, association,
club or organization.
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"Pet shop" means any person, establishment, store or department of any store that
acquires live animals, including birds, reptiles, fowl and fish, and sells, or offers to sell or rent
such live animals to the public or to retail outlets.
"Public places" means and shall include, without limitation, streets, highways, fronts of
places of businesses, carnivals, flea markets, swap meets and sidewalks.
"Sentry dog" means any dog trained to work without supervision in a fenced facility and
to deter or detain unauthorized persons found within the facility.
"Unlicensed dog" means any dog four months of age or older, for which no valid license
is currently in force within the incorporated area.
"Vaccination" means an inoculation against rabies of any dog or cat four months of age
or older of any vaccine prescribed for that purpose by the California Department of Health
Services.
"Potentially dangerous or vicious confinement" means any confinement of dog deemed
potentially dangerous or vicious, by the Animal Control Agency and which may be required to
be contained in a chain link kennel 11 by 9 gauge wire, with the dimensions: minimum twelve
foot by six foot high, to be entirely enclosed with an attached chain link top, to include an end
protective area from the weather no less than four feet on top and four feet on either side, to be
constructed with plywood or fiberglass on the outside of the kennel. Chain link is to be set in
concrete flooring around the base of the kennel, and the kennel must be reinforced with a top and
lower retaining rail; top is for support and the bottom is to serve as a safety guard against dog
pulling chain link out of concrete.
"Potentially dangerous or vicious dog" means any dog which has bitten a person or
animal without provocation or which has a disposition or propensity to attack or bite any person
or animal.
SECTION 2:
That Section 6.04.020 is amended and restated as follows:
6.04.020
Animal Control Fee Schedule.
Dog licenses:
1 Year
2 Year
3 Year
Unaltered dog
Altered dog
Senior citizen owned (age 62)
(altered dog)
$50.00
$10.00
$100.00
$15.00
$150.00
$20.00
$6.00
$7.00
$8.00
Cat licenses:
Unaltered cat
$37.00
$49.00
$61.00
3
Altered cat
Senior citizen owned (age 62)
(altered cat)
$5.00
Other Fees for Dog and/or Cat licenses:
Late fee
Replacement tag
Transfer fee
Vicious Dog Registration
Fee (in addition to license)
Kennel/Cattery/Pet shop license
Pet shop
Commercial cattery
Commercial kennel
Noncommercial kennel
Noncommercial cattery
$20.00
$6.00
$2.00
$50.00
$100.00
$400.00
$400.00
$200.00
$200.00
$6.00
Late fee - 50% of the applicable one year license fee
Impound Fees (in a 12 month period)
Dog or cat unaltered
Dog or cat altered
Female dog or cat in season estrus
Vicious dog
Noisy animals
Boarding Fees per day:
Dogs and cats
Horse, cattle, swine, goats, sheep
Fowl
Additional fees:
Home quarantine - 3 visits required
Shelter quarantine
Owner assist calls
1st Time
$30.00
$20.00
$30.00
$50.00
$50.00
$7.00
$7.00
$2.00
$45.00
$65.00
4
$6.00
$8.00
2nd Time
$40.00
$30.00
$50.00
$75.00
$75.00
$10.00
$7.00
3rd Time
$50.00
$40.00
$70.00
$100.00
$100.00
Transportation cost - per mile
Man-hours per hour during business hours
Euthanasia, per animal
Pickup of livestock, per head
Impound, after hours and response calls
Use of trailer, per load
Fee for declared vicious dog
Refundable spay/neuter fee - adoptions
Cats
Dogs
$0.45
$45.00
$20.00
$25.00
$45.00
$20.00
$75.00
$25.00
$40.00
Noisy Animals response charge. See Section 6.04.245G.
SECTION 3:
That the following Section 6.04.030(E) is deleted in its entirety:
E. The owner of any unaltered dog or cat shall be required to obtain a breeding
permit in addition to the required license.
SECTION 4:
That Section 6.04.070(B)(I) is amended and restated as follows:
1. The kennel, cattery or pet shop is constructed, equipped and maintained so as to
continuously provide a healthful and sanitary environment for all animals, including dogs and
cats kept, or to be kept therein;
SECTION 5:
That Section 6.04.100 is amended and restated as follows:
6.04.100
Sterilization of adopted animals.
A. Except as provided herein, no unclaimed dog or cat shall be released for adoption
without being sterilized.
B. If a veterinarian licensed to practice veterinary medicine in this State certifies that
the dog or cat is too sick or injured to be spayed or neutered, or that it would otherwise be
detrimental to the health of the dog or cat to be spayed or neutered, the adopter or purchaser shall
pay the Animal Control Agency a deposit of fifty dollars ($50). The deposit shall be temporary,
and shall only be retained until the dog or cat is healthy enough to be spayed or neutered, as
certified by a veterinarian licensed to practice veterinary medicine in this State. The dog or cat
shall be spayed or neutered within 14 business days of that certification. The adopter or
purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the
operation. If the adopter or purchaser presents proof of spaying or neutering to the Animal
Control Agency within 30 business days of obtaining the proof, the adopter or purchaser shall
receive a full refund of the deposit.
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SECTION 6:
That the following subsection G is added to Section 6.04.120:
G. To conduct License inspections to insure that all dogs and cats four (4) months of
age or older have been vaccinated and are properly licensed.
SECTION 7:
That Section 6.04.160(J) is amended and restated as follows:
1. For any person to abandon any animal without care of any public or private
property. Any animal abandoned may be impounded and disposed of in a humane manner. At
least seventy-two hours prior to the impoundment of an animal believed to be abandoned, a
notice shall be posted on the property on which said animal is being kept. Notice shall be given
in person or by regular mail to the last known address of the owner or person entitled to
possession thereof, that animal will be impounded if contract is not made with the Animal
Control Agency within seventy-two hours. When it is found that a house is vacant or
condemned, the animal may be removed immediately and held for five days. If, in the opinion of
the Animal Control Officer, immediate impoundment is necessary for the preservation of the
public health or safety, or the health and welfare of the animal, said animal shall be impounded
and held for five days, pending contact of the owner or person having control of said animal.
SECTION 8:
That the following subsection L is added to Section 6.04.160:
L. For the owner or person in charge thereof of any vicious dog to fail to comply
with an order issued pursuant to Section 6.04.250(G).
SECTION 9:
That Section 6.04.180 is amended and restated as follows:
6.04.180
Animals unattended in a motor vehicle.
A. It is unlawful for any person to leave an animal unattended in an enclosed vehicle
without adequate ventilation or in such a manner as to subject the animal to extreme
temperatures which will adversely affect the animal's health or welfare. The animal may be
removed forthwith from said vehicle by an Animal Control Officer and impounded in the City
Animal Shelter or such other place as said Animal Control Officer deems appropriate. Said
Animal Control Officer shall provide to the animal removed, such care as might be necessary.
B. When an animal has been removed from a vehicle pursuant to this chapter, the
Animal Control Officer shall cause to be posted in a conspicuous place in said vehicle a notice
that shall state that the animal has been removed from the vehicle pursuant to lake Elsinore
Municipal Code Section 6.04.180A, where the owner may regain custody of it, and that the
owner will be liable for impound fees and costs.
C. Exceptions. This chapter is not applicable to animals which are in a peace
officer's vehicle or an Animal Control Vehicle while such officers are engaged in their regularly
assigned duties.
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SECTION 10:
That Section 6.04.220(A) is amended and restated as follows:
A. An
y area occupied by any animal is to be maintained in a sanitary manner. Water is to be kept fresh
and feces disposed of no less than a bi-weekly basis. Any extreme conditions would be
considered a cruelty and would be cited pursuant to Section 6.04.210.
SECTION 11: That Section 6.04.245(C ), (D), (E), (F)[l st paragraph only], (F)(3),
and (G)(4) are amended and restated as follows:
C. Notice of hearing. When the Animal Control Director receives a second verbal or
written complaint concerning a noisy animal at the same location within six months after the
issuance of a Noisy Animal Warning Notice, the Animal Control Director, or his/her designee,
shall determine if the Noisy Animal Warning Notice went unheeded. If the determination is
made that the nuisance was not abated, the matter shall be set for hearing before the Lake
Elsinore Animal Friends Animal ContI'ol Agency (the "Animal Control Hearing Officer") and
notice of hearing shall be issued by the Animal Control Director, or his/her designee, to the
owner or person having charge, custody, or control ofthe animal.
The notice of hearing constitutes written notice of violation of the Lake Elsinore
Municipal Code and shall include the date, place, and time of the hearing. The notice of hearing
shall advise that the person having charge, custody, or control of the animal may present
evidence at the hearing. The notice of hearing shall be personally served or posted upon the
premises where the animal is kept and sent by certified mail, return receipt requested. In
addition, the notice of hearing shall be delivered to any interested parties requesting notice of the
hearing.
D. Hearing. The hearing before the Animal Control Hearing Officer shall be open to
the public. The Animal Control Hearing Officer may admit all relevant evidence, including
incident reports and affidavits of witnesses; the Officer may limit the scope of discovery and
may shorten the time to produce records or witnesses. The Animal Control Hearing Officer may
decide all issues even if the owner or person in charge, custody, or control of the animal fails to
appear at the hearing. The Animal Control Hearing Officer may find, upon a preponderance of
the evidence, that the animal is a noisy animal and that the maintenance of such noisy animal is a
public nuisance.
E. Determination and order. Within ten working days after the conclusion of the
hearing held pursuant to paragraph D above, the Animal Control Hearing Officer shall by
certified mail return receipt requested, notify the owner(s) or person(s) having charge, custody,
or control of the animal of the Officer's determination and any orders issued. If the Animal
Control Hearing Officer determines that the animal is a noisy animal and that the maintenance
thereof is a public nuisance, the owner or keeper of the animal shall comply with the Officer's
order within five days after the date of the mailing of the determination and order. The decision
of the Animal Control Hearing Officer shall be final, subject to the provisions of State law.
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F. Administrative abatement measures. The Animal Control Hearing Officer may,
as part of its determination that the animal is a noisy animal and the maintenance thereof a public
nuisance, direct that appropriate actions be taken to abate the nuisance, including without
limitation one or more of the following:
[Parts 1 and 2 are unchanged].
3. Require that the animal undertake obedience training designed to abate the
nuisance problem when appropriate and under the conditions imposed by the Animal Control
Hearing Officer and at the expense of the animal's owner or the person having charge, custody,
or control of said animal.
[6.04.245(G)(4)]
4. Any person receiving a bill for a Noisy Animal Response Charge may, within
fifteen days after the date of issuance of the bill file a written request with the Animal Control
Director appealing the charge imposed. The City shall withhold on collection of the bill pending
the decision on the appeal. The Animal Control Director shall set the matter for hearing before
the Animal Control Hearing Officer, which hearing shall be within fifteen business days after
receipt of the appeal. The Animal Control Officer shall issue a written decision on the appeal
within ten days of the close of the hearing, which decision shall be mailed by certified mail,
return receipt requested to the appellant. The decision of the Animal Control Hearing Officer
shall be final. If, after the hearing before the Animal Control Hearing Officer, the appeal is
denied in part or in whole, all amounts due to the City shall be paid within thirty days of the date
of the mailing of the decision of the Animal Control Hearing Officer.
SECTION 12:
That Section 6.04.250(J) is amended and restated as follows:
J. Vicious or unsafe animal registration fee. An animal that has been deemed
vicious or unsafe will be required to register the animal with the Animal Control Agency in
addition to obtaining all other necessary licenses. The fees for registering a vicious animal
license are established in Section 6.04.020. Failure to renew the registration will result in
impoundment of the animal and a citation will be issued as a misdemeanor.
SECTION 13:
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 ofthis Ordinance and are hereby declared to be severable.
SECTION 14:
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 15:
EFFECTIVE DATE
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This Ordinance shall take effe~t 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.
PASSED, UPON FIRST READING this 28 day of May
roll call vote:
, 2002, by the following
AYES: COUNCILMEMBERS:
BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER,
KELLEY
NONE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
PASSED, APPROVED AND ADOPTED this R day of June
following roll call vote:
, 2002, by the
AYES: COUNCILMEMBERS:
BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER,
KELLEY
NONE
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
GENIE
, Mayor
ATTEST:
i~~
APPROVED AS TO FORM:
9
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
28th day of May, 2002; approved upon second reading by title only on the 11 th day of June, 2002,
by the following roll call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, BUCKLEY, HICKMAN,
SCHIFFNER, KELLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
<Zf.;o:tJ COUNCILMEMBERS:
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
NONE
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 HEREB Y CERTIFY that the above and foregoing is a full, true and correct copy
of Ordinance No.1 082 of said Council, and that the same has not been amended or repealed.
0~June 12,2002
VICKI ~TY CLERK
CITY OF LAKE ELSINORE
(SEAL)
ORDINANCE NO. -L<l8..L
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA APPROVING SPECIFIC PLAN
NO. 93-3, AMENDMENT NO.3, AN AMENDMENT FOR THE
REMOVAL OF PARCELS WITHIN APPROVED LIBERTY
SPECIFIC PLAN SPECIFICALLY DESCRIBED AS (APN 370-
030-011, 370-050-002, AND 370-050-012
WHEREAS, the Alesco Development has initiated proceedings to remove APN's 370-030-011,
370-050-002, and 370-050-012 from the Liberty Specific Plan therefore triggering Amendment No.3 to
the Liberty Specific Plan.
WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on
June 5, 2002 made its report upon the desirability of the proposed project and made its recommendations
in favor of said Amendment No. 3 to SP No. 93-3 by adopting Planning Commission Resolution No.
2002-16 recommending to the City Council approval of Specific Plan No. 93-3, Amendment No.3; and
WHEREAS, public notice of said application has been given, and the City Council has
considered evidence presented by the Community Development Department and other interested parties
at a public hearing held with respect to this item on June 5, 2002;
NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY RESOLVE
as follows:
SECTION 1. The City Council has considered the proposed Specific Plan No. 93-3,
Amendment No.3, prior to making a decision to approve the proposed amendment to the Land Use
Designation and establish a Zoning Designation. The City Council finds and determines that Mitigated
Negative Declaration No. 2001-01 is adequate and prepared in accordance with the requirements of the
California Environmental Quality Act (CEQA) which analyzes environmental effects of ends City
Council certification, based upon the following findings and determinations:
SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake
Elsinore the following findings for the approval of Specific Plan No. 93-3, Amendment No.3 have been
made as follows:
1. The approval of the requested designation permits development to the highest and best nature
within mitigable means to insure maintenance of the general public health, safety, and welfare.
2. Granting of the requested designation will permit reasonable development of the property
consistent with its constraints and be more compatible with adjacent properties and proposed
development.
3. The proposed General Plan Amendment would establish a land use and density more in character
with the subject property's location, access, and constrain
SECTION 3: This Ordinance shall take effect thirty (30) days after the date of its final
passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be
published and posted in the manner required by law.
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Ordinance No. 1083
Page Two
INTRODUCED AND APPROVED UPON FIRST READING this 26th day of June, 2002,
upon the following roll call vote:
AYES: COUNCILMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER,
KELLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 9th day
of July, 2002, upon the following roll call vote:
AYES: COUNCILMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER,
KELLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS:
-zYi,4J-
~. Vicki I;asad,~ity Clerk,
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 June, 2002~ approved upon second reading on the 9th day of July,
2002, by the following roll call vote:
AYES:
COUNCILMEMBERS: BRINLEY, BUCKLEY,
mCKMAN, SCHIFFNER,
KELLEY
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: NONE
~0~JrJUNmMEMBERS: NONE
VI~lKASAD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
STATEOFCALIFORNIA )
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. 1083 of said Council, and that the same has not been amended or repealed.
~ .. nar ~~l~ 1_6' 2002
~~~LERK
crn' OF-LAI(E ELSINORE
:(~ALr
ORDINANCE NO.l084
-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE
CHANGE NO. 2002-02 CHANGING THE ZONING
DESINGNATION OF PARCELS SPECIFICALLY
DESCRIBED AS (APN 370-030-011, 370-050-002, AND 370-
050-012 FROM RESIDENTIAL 3 IN THE LIBERTY SP TO
M-l (LIMITED MANUFACTURING) UNDER THE
ZONING CODE AND MAP
WHEREAS, the Alesco Development has initiated proceedings to remove APN's 370-
030-011, 370-050-002, and 370-050-012 from the Liberty Specific Plan therefore triggering
Amendment No.3 to the Liberty Specific Plan and the subject Zone Change.
WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting
held on June 5, 2002 made its report upon the desirability of the proposed project and made its
recommendations in favor of said Zone Change No. 2002-02 by adopting Planning Commission
Resolution No. 2002-18 recommending to the City Council approval of Zone Change No. 2002-
02; and
WHEREAS, public notice of said application has been given, and the City Council has
considered evidence presented by the Community Development Department and other interested
parties at a public hearing held with respect to this item on June 5, 2002;
NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY
RESOLVE as follows:
SECTION 1. The City Council has considered the proposed Zone Change No. 2002-02,
prior to making a decision to approve the proposed amendment to the Land Use Designation and
establish a Zoning Designation. The City Council finds and determines that Mitigated Negative
Declaration No. 2001-01 is adequate and prepared in accordance with the requirements of the
California Environmental Quality Act (CEQA) which analyzes environmental effects of the
proposed project and recommends City Council certification, based upon the following findings
and determinations:
SECTION 2. That in accordance with State Planning and Zoning law and the City of
Lake Elsinore the following findings for the approval of Zone Change No. 2002-02 have been
made as follows:
1. The proposed zone change 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 property or improvements in the
neighborhood or within the City.
City Council Ordinance No. 1084
Page Two
2. The proposed action will be consistent with the Goals, Objectives, and Policies of the
General Plan and the standards established in the Municipal Code.
3. This project will not have a significant impact on the environment
SECTION TWO: ZONING RECLASSIFICATION
This Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing,
reclassifying and rezoning the following described property, to wit:
Assessor's Parcel Numbers: 370-030-011, 370-050-
002, AND 370-050-012 TO M-I LIMITED
MANUF ACTURING UNDER THE ZONING
ORDINANCE
Approval is based on the following:
1. The proposed Zoning is consistent with the Goals, Policies, and Objectives in the General Plan.
2. The proposed Zoning is consistent with the General Plan and the various land uses authorized
by the Ordinance are compatible with the objectives, policies, general land uses, and programs
specified in the Plan. (Government Code Section 65860).
3. Reasons why the City has considered the effect of Zoning Ordinances on the regional housing
needs in which the City is located and how the City has balanced these needs against the public
service needs of its residents and available fiscal and environmental resources. (Government
Code Section 65863.6).
SECTION 3: This Ordinance shall take effect thirty (30) days after the date of its final
passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance
to be published and posted in the manner required by law.
INTRODUCED AND APPROVED UPON FIRST READING this 26th day of June,
2002, upon the following roll call vote:
AYES: COUNCILMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER,
KELLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
City Council Ordinance No. 1084
Page Three
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 9th day
of July, 2002, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCKLEY, BRINLEY, HICKMAN, SCHIFFNER,
KELLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NON
AfEST:ry \
fJ~~~
'Vlcki Kasad, City Clerk
STATEOFCALIFORNIA )
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 June, 2002; approved upon second reading on the 9th day of July,
2002, by the following roll call vote:
AYES:
COUNCILMEMBERS: BRINLEY, BUCKLEY,
HICKMAN, SCHIFFNER,
KELLEY
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
~(~M-)
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. 1084 of said Council, and that the same has not been amended or repealed.
Dat . July 16, 2002
.......~kdERK
CRYOF:};AKE ELSINORE
-(S.EA.I;) - -
ORDINANCE NO. 1085
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING ZONE CHANGE NO. 2002-04
CHANGING THE ZONING DESIGNATION OF
PARCELS SPECIFICALLY DESCRIBED AS APN
377-313-013 FROM R-l (SINGLE FAMILY
RESIDENTIAL) TO R-2 (MEDIUM DENSITY
RESIDENTIAL)
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting
held on September 17, 2002 made its report upon the desirability and made its recommendations
in favor of said change of zone by adopting Planning Commission Resolution No. 2002-47
recommending to the City Council approval of Zone Change No. 2002-04; and
WHEREAS, public notice of said project has been given, and the City Council has
considered evidence presented by the Community Development Department and other interested
parties at a public hearing held with respect to this item on October 8, 2002;
SECTION 1. The City Council has considered the proposed Zone Change No. 2002-04,
prior to approving such proposal. The City Council finds and determines that this project is
covered under the City's General Plan Environmental Impact Report (EIR). Under the General
Plan EIR, the subject site was designated as General Commercial, therefore, no further clearance
IS necessary.
SECTION 2. That in accordance with State Planning and Zoning law and the City of
Lake Elsinore Municipal Code, the following findings for the approval of Zone Change No.
2002-04 have been made as follows:
1. The proposed Zone Change will not be detrimental to the health, safety, comfort,
or general welfare of the persons residing or working with in the neighborhood of
the proposed Zone Change or within the City, injurious to property or
improvements in the neighborhood or within the City.
2. The Zone Change is consistent with the Goals, Objectives, and Policies of the
General Plan.
3. This request will bring the zoning for the project site into conformance with the
General Plan.
-
ORDINANCE NO. 1085
PAGE 2 of3
ORDINANCE NO. 1085
PAGE TWO
4. The proposed Zone Change is not anticipated to result in any significant adverse
environmental impacts.
SECTION 3: ZONING RECLASSIFICATION
The Official Zoning Map of the City of Lake Elsinore, California, is hereby amended by
changing, reclassifying and rezoning the following described property, to wit:
Assessor's Parcel Numbers: 377-313-013 from R-l (Single Family
Residential) to R-2 (Medium Density Residential)
SECTION 4: This Ordinance shall take effect thirty (30) days after the date of its final
passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance
to be published and posted in the manner required by law.
INTRODUCED AND APPROVED UPON FIRST READING this 8th day of October,
2002, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, KELLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BRINLEY
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22nd day
of October, 2002, upon the following roll call vote:
AYES: COUNCILMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER,
KELLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
ORDINANCE NO. 1085
PAGE 3 of3
~fTEST:
(2J~
Vicki Lynne
APPROVED AS TO FORM:
(SEAL)
nie Kelley, Mayor
City of Lake Elsinore
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
8th day of October, 2002; approved upon second reading by title only on the 22nd day of October,
2002, by the following roll call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, BUCKLEY, HICKMAN,
SCHIFFNER, KELLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
If):%:tLMEMBERS:
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
NONE
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. 1085 of said Council, and that the same has not been amended or repealed.
,.~
CKI KASAD, CITY CLERK
CITY oF LAKE ELSINORE
(SEAL)
ORDINANCE NO. 1086
-...
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING ZONING CODE AMENDMENT ZCA
2002-1 AMENDING VARIOUS SECTIONS OF TITLE 17, ZONING, OF THE
LAKE ELSINORE MUNICIPAL CODE TOREVISE THE LAND USE
REGULATIONS RELATED TO CHURCHES, SCHOOLS AND OTHER PLACES
OF ASSEMBLY.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting
held on September 17, 2002 made its report upon the desirability and made its recommendations
in favor of said Zoning Code Amendment by adopting Planning Commission Resolution No.
2002-49 recommending to the City Council approval of Zone Code Amendment ZCA 2002-01;
and
WHEREAS, public notice of said project has been given, and the City Council has
considered evidence presented by the Community Development Department and other interested
parties at a public hearing held with respect to this item on October 8, 2002;
WHEREAS, an application has been filed by the Community Development Department
of the City of Lake Elsinore to amend various sections of Title 17, Zoning, of the Lake Elsinore
Municipal Code;
WHEREAS, in accordance with Chapter 17.84, Amendments, of the Lake Elsinore
Municipal Code, the Planning Commission has the responsibility of reviewing proposed
amendments to the zoning code and make recommendations to the City Council;
NOW THEREFORE, the Planning Commission of the City of Lake Elsinore DOES
HEREBY RESOLVE as follows:
SECTION 1. The Planning Commission has reviewed the proposed zoning code
amendments and is recommending approval to the City Council and that the action is exempt
from CEQA per Section 15061(b)(3).
SECTION 2. That in accordance with Chapter 17.84, Amendments, of the Lake
Elsinore Municipal Code the following findings have been made:
1. The proposed amendments would create consistency within and between various
zoning districts for land use regulations related to churches and other places of
assembly.
2. The proposed amendments would allow churches to be established by right in the R-
1, R-2, R-3 and C-2 zones.
3. The one acre requirement in certain zones for assembly type uses will help to
preserve the established characteristics of those zones.
4. The proposed amendments will not be (1) detrimental to the health, safety, comfort,
or general welfare of City residents and (2) will not be injurious to property or
improvements in the City.
5. The proposed amendments to the zoning regulations are consistent with the goals and
objectives of the Lake Elsinore General Plan.
SECTION 3. Chapter 17.19 "R-R: Rural Residential District" Section 17.19.020
Permitted Uses is amended to read as follows:
Section 17.19.020 Permitted Uses. Uses permitted in this district shall include those uses listed
below when developed in compliance with the purpose and intent of this chapter. Each use shall
be evaluated in terms of its design characteristics and specific site location pursuant to the
provisions of Chapter 17.82.
A. Single-family detached dwelling units; one dwelling unit per lot.
B. Accessory uses and structures pursuant to Section 17.18.40.
C. Day care and residential care facilities pursuant to Chapter 17.16.
D. Public utility distribution and transmission facilities excluding private radio, television,
and paging antenna and towers.
E. Government buildings and service facilities.
F. Public parks and/or playgrounds.
G. Structures and installations necessary to the conservation and development of water
resources and/or the control of flooding.
H. Manufactured houses in compliance with the provisions of Chapter 17.14.
SECTION 4. Chapter 17.19 "R-R: RURAL RESIDENTIAL DISTRICT" Section
17.19.020 Uses Subject to a Conditional Use Permit is amended to read as follows:
Section 17.19.030 Uses Subiect to ~ Conditional Use Permit. It is recognized that certain uses
while similar in characteristics to Permitted Uses in Section 17.19.20 may have the potential to
impact surrounding properties and therefore require additional approval and consideration. Such
uses to be permitted in the R-R District shall require a Use Permit pursuant to Chapter 17.74 and
shall include the following:
A.
B.
C.
D.
E.
F.
G.
H.
-
Archery ranges.
Cemeteries.
Country Clubs.
Fishing lakes.
Fruit and vegetable stands.
Golf courses and driving ranges.
Guest ranches.
Hunting clubs.
I. Large family day care homes in compliance with the provisions of Chapter 17.16.
J. Keeping of exotic animals on the same lot as a permitted dwelling for pets only and not
for commercial purposes; The Planning Commission shall impose adequate limitations to
assure that the residential character of the property and neighborhood are maintained.
K. Kennels.
L. Nurseries and garden supply stores.
M. Recreational vehicle parks.
N. Riding academies and commercial stables.
O. Rifle, pistol, skeet or trapshooting ranges.
P. Swimming, tennis, and polo clubs.
Q. Second unit in compliance with the provisions of Chapter 17.17.18.
R. Trailer and boat storage lots.
S. Community centers and recreation buildings located on a site at least one (1) acre in size.
T. Churches located on a site at least one (1) acre in size.
D. Preschools, elementary, middle, junior high and high schools located on a site at least (1)
one acre III SIze.
SECTION 5. Chapter 17.20 "R-E: ESTATE SINGLE FAMILY RESIDENTIAL
DISTRICT" Section 17.19.020 Permitted Uses is amended to read as follows:
Section 17.20.020 Permitted Uses. Uses permitted in this district shall include those uses listed
below when developed in compliance with the purpose and intent of this chapter. Each use shall
be evaluated in terms of its design characteristics and specific site location pursuant to the
provisions of Chapter 17.82, Design Review.
A. Single-family detached dwelling units; one dwelling unit per lot.
B. Accessory uses and structures pursuant to Section 17.20.40.
C. Small- family day care and residential care facilities pursuant to Chapter 17.16.
D. Public utility distribution and transmission facilities excluding private radio, television,
and paging antenna and towers.
E. Government buildings and service facilities.
F. Public parks and/or playgrounds.
G. Structures and installations necessary to the conservation and development of water
resources and/or the control of flooding.
H. Manufactured houses in compliance with the provisions of Chapter 17.14.
SECTION 6. Chapter 17.20 "R-E: ESTATE SINGLE FAMILY RESIDENTIAL
DISTRICT" Section 17.20.030 Uses Subject to a Conditional Use Permit is amended to read as
follows:
Section 17.20.030 Uses Subiect to ~ Conditional Use Permit. It is recognized that certain uses
while similar in characteristics to Permitted Uses in Section 17.20.020 may have the potential to
impact surrounding properties and therefore require additional approval and consideration. Such
uses to be permitted in the R - E District shall require a Use Permit pursuant to Chapter 17.14 and
shall include the following:
-
A. Large family day care homes in compliance with the provisions of Chapter 17.16.
B. Second units in compliance with the provisions of Chapter 17.17.
c. Country clubs, swimming and tennis clubs, golf courses.
D. Keeping of exotic animals or birds, or more than six (6) weaned dogs and/or cats, other
than provided in this chapter on the same lots as a permitted dwelling for pets only and
not for commercial purposes; The Planning Commission shall impose adequate
limitations to assure that the residential character of the property and neighborhood are
maintained.
E. Churches, located on a site at least one (1) acre in size.
F. Agricultural and horticultural uses, for commercial purposes (not including the private
boarding of animals and the sale of excess agricultural and horticultural products grown
on the premises, subject to the restrictions specified within Section 17.20.040 subsection
A. 5. and 6., respectively).
G. Community centers and recreation buildings located on a site at least one (1) acre in size.
H. Preschools, elementary, middle, junior high and high schools located on a site at least one
(1) acre in size.
SECTION 7. Chapter 17.22 "R-H: HILLSIDE SINGLE-FAMILY RESIDENTIAL
DEVELOPMENT" Section 17.22.020 Permitted Uses is amended to read as follows:
Section 17.22.020 Permitted Uses. Uses permitted in this district shall include those uses listed
below when developed incompliance with the purpose and intent of this chapter. Each use shall
be evaluated in terms of its design characteristics and specific site location pursuant to the
provisions of Chapter 17.82, Design Review.
A. Single-family detached dwelling units; one dwelling unit per lot.
B. Accessory uses and structures pursuant to Section 17.20.40.
C. Small- family day care and residential care facilities pursuant to Chapter 17.16.
D. Public utility distribution and transmission facilities excluding private radio, television,
and paging antenna and towers.
E. Government buildings and service facilities.
F. Public parks and/or playgrounds.
G. Structures and installations necessary to the conservation and development of water
resources and/or the control of flooding.
H. Manufactured houses in compliance with the provisions of Chapter 17.14.020.
SECTION 8. Chapter 17.22 "R-H: HILLSIDE SINGLE-FAMILY RESIDENTIAL
DEVELOPMENT" Section 17.22.030 Uses Subject to a Conditional Use Permit is amended to
read as follows:
Section 17.22.030 Uses Subiect to ~ Conditional Use Permit. It is recognized that certain uses
while similar in characteristics to Permitted Uses in Section 17.20.020 may have the potential to
impact surrounding properties and therefore require additional approval and consideration. Such
uses to be permitted in the R- H District shall require a Use Permit pursuant to Chapter 17.14 and
shall include the following:
-
A.
B.
Large family day care homes in compliance with the provisions of Chapter 17.16.
Second units in compliance with the provisions of Chapter 17.17.
F.
G.
Keeping of exotic animals or birds, or more than three (3) weaned dogs and/or cats, on
the same lots as a permitted dwelling for pets only and not for commercial purposes; the
Planning Commission shall impose adequate limitations to assure that the residential
character of the property and neighborhood are maintained.
Churches, located on a site at least one (1) acre in size.
Horticultural uses, including growing of fruits, nuts, vegetables, and ornamental plants
for commercial purposes.
Community centers and recreation buildings located on a site at least one (1) acre in size.
Preschools, elementary, middle, junior high and high schools located on a site at least one
(1) acre in size.
c.
-
D.
E.
SECTION 9. Chapter 17.23 "R-l : SINGLE-FAMILY RESIDENTIAL DISTRICT"
Section 17.23.020 Permitted Uses is amended to read as follows:
Section 17.23.020 Permitted Uses. Uses permitted in this district shall include those uses listed
below when developed in compliance with the purpose and intent of this chapter. Each use shall
be evaluated in terms of its design characteristics and specific site location pursuant to the
provisions of Chapter 17.82, Design Review.
A. Single-family detached dwelling units; one dwelling unit per lot.
B. Accessory uses and structures pursuant to Section 17.23.040.
C. Small family day care and residential care facilities pursuant to Chapter 17.16.
D. Public utility distribution and transmission facilities excluding private radio, television,
and paging antenna and towers.
E. Government buildings and service facilities.
F. Public parks and/or playgrounds.
G. Community centers and recreation buildings located on a site at least one (1) acre in size.
H. Preschools, elementary, middle, junior high and high schools located on a site at least one
(1) acre in size.
I. Churches located on a site at least one (1) acre in size.
J. Manufactured houses in compliance with the provisions of Section 17.14.
SECTION 10. Chapter 17.23 "R-l: SINGLE-FAMILY RESIDENTIAL DISTRICT"
Section 17.23.030 Uses Subject to a Conditional Use Permit is amended to read as follows:
Section 17.23.030 Uses Subiect to a Conditional Use Permit. It is recognized that certain uses
while similar in characteristics to Permitted Uses in Section 17.23.020 may have the potential to
impact surrounding properties and therefore require additional approval and consideration.
Uses permitted subject to approval of a use permit, pursuant to Chapter 17.74, in the R-1 District
shall be as follows:
A. keeping of farm animals such as horses, cows, pigs, sheep or goats, birds, poultry (not
including roosters), rabbits and similar domesticated animals subject to the following
minimum standards:
-
B.
C.
D.
1. Animals may only be permitted as an accessory use in conjunction with a
permitted dwelling.
2. The minimum lot area which may be considered for keeping of such animals is
one-half (1/2) acre (21,780 square feet).
3. The maximum aggregate number of animals which may be maintained on a
one-half (1/2) acre lot shall be:
a. Two (2) equine, bovine, swine, sheep, or goats.
b. Twelve (12) birds or poultry (not including roosters), rabbits, or similar
small domesticated animals.
For each additional one-half (1/2) acre, an additional aggregate of all the above listed
animals may be maintained.
4. All lots, upon which equine, bovine, swine, sheep, or goats are kept, shall be
provided with a corral a minimum of five feet (5') in height and containing a
minimum area of 196 square feet for each animal. For equines, a solid-cover
shelter with a minimum coverage of eighty (80) square feet for each animal shall
be provided within the corral area.
5. All birds or poultry must be contained within an enclosure.
6. All corrals and enclosures shall be allowed only in rear yard areas and shall be a
minimum of thirty-five feet (35') from any dwelling unit on the lot upon which
they are located, a minimum of one hundred feet (100') from any dwelling unit on
a neighboring lot, unless reduced by the Planning Commission but in no case less
than fifty feet (50') and a minimum of twenty feet (20') from any property line.
Large family day care homes in compliance with the provisions of Chapter 17.16.
Second units in compliance with the provisions of Chapter 17.17.
Keeping of exotic animals or birds, or more than three (3) dogs and/or cats, on the same
lot as a permitted dwelling for pets only and not for commercial purposes. The
Planning Commission shall impose adequate limitations to assure that the residential
character of the property and neighborhood are maintained.
Horticultural uses, including growing of fruit, nuts, vegetables, and ornamental plants for
commercial purposes.
Other uses that the Planning Commission finds by resolution to be in accord with the
purpose of this Chapter and having characteristics similar to those listed in this Section.
A list of these uses shall be maintained in the Planning Division for future reference.
E.
F.
SECTION 11. Chapter 17.24 "R-2: MEDIUM DENSITY RESIDENTIAL" Section
17.24.020 Permitted Uses is amended to read as follows:
Section 17.24.020 Permitted Uses. Uses permitted in this district shall include those listed below
when developed in compliance with the purpose and intent of this chapter:
A. Accessory uses and structures pursuant to Section 17.24.040.
B. Duplexes and triplexes.
C. Multiple-family dwellings.
D. Government buildings and service facilities.
E. Public parks and/or playgrounds.
F.
-
G.
H.
1.
J.
K.
Public utility distribution and transmission facilities excluding private radio, television,
and paging antenna and towers.
Small- family day care and residential care facilities pursuant to Chapter 17.16.
Single-family uses when they comply with all the requirements of Chapter 17.23.
Community centers and recreation buildings located on a site at least one (1) acre in size.
Preschools, elementary, middle, junior high and high schools located on a site at least one
(1) acre in size.
Churches located on a site at least one (1) acre in size.
SECTION 12. Chapter 17.24 "R-2: MEDIUM DENSITY RESIDENTIAL" Section
17.24.030 Uses Subject to a Conditional Use Permit is amended to read as follows:
Section 17.24.030 Uses Subiect to ~ Conditional Use Permit. It is recognized that certain uses
while similar in characteristics to Permitted Uses in Section 17.24.020 may have the potential to
impact surrounding properties and therefore require additional approval and
consideration. Such uses to be permitted in the "R-2" District shall require a Use Permit
pursuant to Chapter 17.74 and shall include the following:
A. Commercial child day care centers.
B. Condominiums subject to compliance with all provisions of Chapter 17.37.
C. Convalescent, retirement homes, rest homes, sanitariums, and similar congregate care
facilities.
D. Horticultural uses, including growing of fruit, nuts, vegetables, and ornamental plants for
commercial purposes.
E. Large family day care homes in compliance with the provisions of Chapter 17.16.
F. Keeping of exotic animals on the same lot as a permitted dwelling for pets only and not
for commercial purposes; the Planning Commission shall impose adequate limitations to
assure that the residential character of the property and neighborhood are maintained.
SECTION 13. Chapter 17.28 "R-3: HIGH DENSITY RESIDENTIAL" Section
17.28.020 Permitted Uses is amended to read as follows:
Section 17.28.020 Permitted Uses. Uses permitted in this district shall include those listed below
when developed in compliance with the purpose and intent of this chapter:
A. Multiple- family dwellings.
B. Accessory uses and structures pursuant to Section 17.28.040.
C. Government buildings and service facilities.
D. Public parks and/or playgrounds.
E. Public utility distribution and transmission facilities excluding private radio, television,
and paging antenna and towers.
F. Small-family day care and residential care facilities pursuant to Chapter 17.16.
G. Small family day care uses when they comply with all requirements of Chapter 17.16.
H. Single-Family uses when they comply with all requirements of Chapter 17.23.
1. Community centers and recreation buildings located on a site at least one (1) acre in size.
J.
Preschools, elementary, middle, junior high and high schools located on a site at least one
(1) acre in size.
Churches located on a site at least one (1) acre in size.
-
K.
SECTION 14. Chapter 17.28 "R-3: HIGH DENSITY RESIDENTIAL" Section
17.28.030 Uses Subject to a Conditional Use Permit is amended to read as follows:
Section 17.28.030 Uses Subiect to ~ Conditional Use Permit. It is recognized that certain uses
while similar in characteristics to Permitted Uses in Section 17.24.020 may have the potential to
impact surrounding properties and therefore require additional approval and
consideration. Such uses to be permitted in the "R-3" District shall require a Use Permit
pursuant to Chapter 17.74 and shall include the following:
A. Churches located on a site less than one (1) acre in size.
B. Commercial child day care centers.
C. Condominiums subject to compliance with all provisions of Chapter 17.37.
D. Convalescent, retirement homes, rest homes, sanitariums, and similar congregate care
facilities.
E. Horticultural uses, including growing of fruit, nuts, vegetables, and ornamental plants for
commercial purposes.
F. Large family day care homes in compliance with the provisions of Chapter 17.16.
G. Keeping of exotic animals on the same lot as a permitted dwelling for pets only and not
for commercial purposes; the Planning Commission shall impose adequate limitations to
assure that the residential character of the property and neighborhood are maintained.
H. Private, noncommercial clubs and lodges.
1. Permitted primary structures which exceed the height limitation specified in Section
17.28.120.
J. Tennis clubs and swimming clubs.
SECTION 15. Chapter 17.40 "C-O: COMMERCIAL OFFICE DISTRICT" Section
17.40.030 Uses Subject to a Conditional Use Permit is amended to read as follows:
Section 17.40.030 Uses Subiect to ~ Conditional Use Permit. It is recognized that certain uses
while similar in characteristics to Permitted Uses in Section 17.40.020 may have the potential to
impact surrounding properties and therefore require additional approval and consideration. Such
uses to be permitted in the "C-O" District shall require a Use Permit pursuant to Chapter 17.74
and shall include the following:
A. Churches.
B. Commercial day care center.
C. Conversion of residential structures pursuant to Section 17.40.040.
D. Mortuaries.
E. Office condominiums.
F. Private non-commercial clubs and lodges.
G.
.-..
H.
I.
J.
Restaurants and eating places (excluding drive-ins and drive-throughs or walk-ups) with
outside eating areas or which operate between the hours of 10:00 p.m. and 7:00 a.m.
Small animal veterinary clinics subject to the following addition to all other conditions of
the Use Permit:
1. Treatment of animals is restricted to dogs, cats and other small domesticated
animals and birds.
2. The operation shall be conducted in a completely enclosed and sound controlled
building in such a way as to produce no objectionable noises or odors outside its
walls.
3. There shall be no outdoor runs or animal holding areas.
4. There shall be no boarding of animals other than as necessary for recuperation of
patients.
5. The clinic shall have direct access from the parking area.
Structures exceeding the maximum height pursuant to Section 17.40.060.
Other uses that the Planning Commission finds by resolution to be in accord with the
purpose of this Chapter and having characteristics similar to those uses listed in this
Section. A list of these uses shall be maintained in the Planning Division for future
reference.
SECTION 16. Chapter 17.48 "C-2: GENERAL COMMERCIAL DISTRICT" Section
17.48.020 Permitted Uses is amended to read as follows:
_ Section 17.48.020 Permitted Uses. Uses permitted in the "C-2" District shall include those
businesses listed below which operate in compliance with the intent and standards of this district
and are conducted entirely within a completely enclosed building. Each business shall be
evaluated in terms of its operational characteristics and specific site location.
A.
B.
e.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
- N.
Churches.
All permitted uses of the "C-O" and "C-1" Districts as contained within Sections
17.40.020 and 17.44.020.
Antique shops and auction galleries.
Bowling alleys; provided they comply with the requirements of Chapter 17.66 Parking
Requirements.
Bus depots and transit stations.
Department stores.
Floor covering shops.
Furniture stores.
Home improvement centers.
Hotels.
Motels.
Sale of motor vehicle, motorcycle and recreational vehicle parts and accessories and
service incidental to the sale of parts.
Skating rinks; provided they comply with the requirements of Chapter 17.66 Parking
Requirements.
Second hand and thrift shops.
O. Service businesses similar to retail stores which do not involve warehousing or storage,
except accessory storage of commodities sold at retail on the premises.
P. Theaters; provided they comply with the requirements of Chapter 17.66 Parking
Requirements.
Q. Other uses that the Community Development Director determines to be in accord with
the purpose of this Chapter and having characteristics similar to those uses listed in this
Section.
SECTION 17. Chapter 17.48 "C-2: GENERAL COMMERCIAL DISTRICT" Section
17.48.030 Uses Subject to a Conditional Use Permit is amended to read as follows:
Section 17.48.030 Uses Subiect to ~ Conditional Use Permit. It is recognized that certain uses
while similar in characteristics to Permitted Uses in Section 17.48.020 may require outdoor
operation and/or have the potential to impact surrounding properties and therefore require
additional approval and consideration. Such uses to be permitted in the "C-2" District shall
require a Use Permit pursuant to Chapter 17.74 and shall include the following:
A. Uses permitted subject to a Use Permit in the "C-1" District as contained in Section
17.44.030 except churches.
B. Business colleges and professional schools.
C. Car washes.
D. Dance halls, discotheques, or any establishment providing live entertainment.
E. Motor vehicle, motorcycle and recreational vehicle sales; and service incidental to the
sale of parts but excluding major overhauls, painting, and body work.
F. Outdoor sales and display incidental and accessory to a permitted use.
G. Structures exceeding the maximum height permitted by Section 17.48.070.
H. Other uses that the Planning Commission finds by resolution to be in accord with the
purpose of this chapter and having characteristics similar to those uses listed in this
Section. A list of these uses shall be maintained in the Planning Division for future
reference.
SECTION 18. This Ordinance shall take effect thirty (30) days after the date of its
final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this
Ordinance to be published and posted in the manner required by law.
INTRODUCED AND APPROVED UPON FIRST READING this 8th day of October,
2002, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, KELLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BRINLEY
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22nd day
of October, 2002, upon the following roll call vote:
AYES: COUNCILMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
~fTEST:
'[)JLk %J
Vicki Lynn asad, City Clerk
APPROVED AS TO FORM:
, /l
II' {(:, l/\fj. i' .,/( !
/' it .,~ "t~'./Ii ..: ,', / /
i /v, ,.,C elL t;~L(d':L
Birbara Leibold, City Attorney
City of Lake Elsinore
(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 foregoing Ordinance was introduced and read by title only for adoption on the
8th day of October, 2002; approved upon second reading by title only on the 22nd day of October,
2002, by the following roll call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, BUCKLEY, HICKMAN,
SCHIFFNER, KELLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
[ ~---
.. .~. BST~J\I-... C _OlUNCILMEMBERS:
()J,r\:~ ~.
(r~ D, CITY CLERK
CITY OF LAKE ELSINORE
NONE
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. l086 of said Council, and that the same has not been amended or repealed.
D#EDoN
OjJl-
<mCKI KASAD. CITY CLERK
CiTY OF LAKE ELSINORE
-
(SEAL)
ORDINANCE NO: 1087
ORDINANCE NO.--.!Q87
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
REPEALING AND REENACTING CHAPTERS 15.04, 15.08, 15.12, 15.16, 15.20,
15.24,15.36, 15.38, 15.56 OF THE MUNICIPAL CODE, ADOPTING BY REFERENCE
THE 2001 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE,
KNOWN AS THE CALIFORNIA CODE OF REGULATIONS, TITLE 24 (CCR, T-24),
INCORPORA TING:
THE UNIFORM BUILDING CODE, 1997 EDmON, THE UNIFORM MECHANICAL
CODE, 2000 EDITION, THE NATIONAL ELECTRICAL CODE, 1999 EDITION, THE
UNIFORM PLUMBING CODE, 2000 EDITION, THE UNIFORM FIRE CODE, 2000
EDITION, THE UNIFORM HOUSING CODE, 1997 EDITION, THE UNIFORM CODE
FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997 EDITION, THE
UNIFORM SWIMMING POOL, SPA and HOT TUB CODE, 2000 EDITION
AND, AMENDING THOSE CALIFORNIA BUILDING STANDARDS AS IDENTIFIED
HEREIN, THROUGH EXPRESS FINDINGS OF LOCAL NECESSITY.
The City Council of the City of Lake Elsinore does ordain as follows:
Section 1.
Ordinance number 1051 is hereby repealed.
Section 2.
15.04.010 Building Code - Adopted.
The 2001 edition of the California Building Standards Code, known as the California Code
of Regulations, Title-24, incorporating the Uniform Building Code, 1997 edition, published
by the International Conference of Building Officials, with the amendments set forth in
Section 15.04.020 is hereby adopted. There is one copy of said code on file in the office of
the Building Official and the office of the City Clerk for use and examination by the public.
5.04.020 Building Code - Local Amendments.
The Building Code as adopted by Section 15.04.010 is adopted with the following local
amendments:
A. The following sections are amended to read as follows, with amendments, additions,
and deletions;
1
ORDINANCE NO: 1087
Uniform Building Code, 1997 Edition, including appendix chapters 7, 11,31, 18, 15, 33
and Exhibit "A" attached thereto.
Uniform Housing Code, 1997 Edition including Exhibit" A" attached thereto.
Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition including
Exhibit "A" attached thereto.
Uniform Plumbing Code, 2000 Edition including Appendix A through D, Exhibit "A"
attached thereto.
Uniform Fire Code, 2000 Edition including Exhibit "A" attached thereto.
National Electrical Code, 1999 Edition including Uniform Administrative Code
Provisions and Exhibit "A" attached thereto.
Uniform Swimming Pool, SPA and Hot Tub Code, 2000 Edition including Exhibit" A"
attached thereto.
Uniform Mechanical Code, 2000 Edition including Exhibit "A" attached thereto.
Section 3.
This ordinance is enacted pursuant to and in compliance with Health and Safety Code
Section 18941.5 and as expressly permitted in Government Code Section 50022.2. For
all codes the effective date of this Ordinance shall be November 11, 2002.
Express Finding # 1
As required by Health and Safety Code 18941. 5( c.) The City Council of the City of Lake
Elsinore hereby expressly finds that amendments to the Building Code adopted by this
ordinance and as described in section 15.04.020 are necessary for the protection of the
public health, safety and welfare, due to the local climatic, geologic or topographical
condition(s) here
Section 4.
The City Clerk is hereby directed to file a copy of this ordinance with the California
Building Standards Commission of the State ofCalifomia.
2
ORDINANCE NO: 1087
UNIFORM BUILDING CODE
1997 AMENDMENTS
SECTION 103
is amended by adding the following paragraph at the end of said section to
read as follows:
Any person, firm or corporation violating any of the provisions or failing to comply with
any of the mandatory requirements of the Ordinances of Lake Elsinore shall be guilty of a
misdemeanor. Any person convicted of a misdemeanor under the Ordinances of Lake
Elsinore shall be punished by a fine of not more than one thousand dollars, or by
imprisonment not exceed six months, or by both such fine and imprisonment not to exceed
six months, or by both such fine and imprisonment. Each such person shall be guilty of
separate offense for each and every day during any portion of which any violation of any
provision of the Ordinances of Lake Elsinore is committed, continued, or permitted by any
such person, and shall be punished accordingly.
SECTION 107.2
the first sentence is amended to read as follows:
The fees for each Permit shall be as set pursuant to Chapter 3/32 of the Lake Elsinore
Municipal Code.
SECTION 107.3
the last sentence of first paragraph is amended to read as follows:
Said plan review fee shall be seventy five percent of the Building Permit fee as set pursuant
to Chapter 3.32 ofthe Lake Elsinore Municipal Code.
SECTION 3310.1 the second sentence is amended to read as follows:
Fees set pursuant to Chapter 3.32 of the Lake Elsinore Municipal Code.
SECTION 3310.3 the first sentence is amended to read as follows:
A fee for each Grading Permit shall be as set pursuant to Chapter 3.32 of the Lake Elsinore
Municipal Code.
SECTION 3314.1 is amended by adding the following paragraph at the end of said section, to
read as follows:
When two or more lots are graded and cut or fill slopes occur adjacent to the lot line the top
line of the slopes shall be located at the lot line. The toes of all slopes shall be setback a
minimum of two feet from the property line or public right of way.
SECTION 3316
temporary erosion control is added to read as follows:
3
ORDINANCE NO: 1087
A. Section 1716 Plans. Separate plans for temporary drainage and erosion control
measures to be used during the rainy season shall be submitted prior to October 1.
The control devices shown on said plans shall be installed no later than October 15,
and maintained in operable condition until April 15. These plans shall provide the
following:
1. Temporary soil stabilization measures shall be installed on graded
slopes exceeding a three to one ratio and/or ten feet in height.
2. Desilting facility shall be provided at all drainage outlets from the
graded site, designed for the twenty-five year, six hour storm
intensity. They must be detailed on the plans. Design and specific
recommendations shall be submitted for the following:
. Desilting basin volume based on gradient and nature of soils
. The extent of all graded areas and identification of any temporary
soil stabilization measures
. Size of desilting basin outlet pipe and over flow
. Dike requirements. Minimum wall width, slope of walls, percent
of compaction, etc.
3. The following notes shall be placed on the plans:
. In case of emergency, call
at
(responsible person)
(24 hour number)
. The undersigned civil engineer will supervise erosion control and
certify that work is in accordance with the approved plans.
(signature, reg. *, expiration date)
(dated)
(name - printed)
4. Indicate on the plan, which streets will be paved and which drainage
devices will be completed by October 15.
5. Placement of devices to reduce erosion damage within the tract is left
to the discretion of the Engineer. These devices, if any, must be
shown on the plan because their presence will affect the required
capacity of the desilting basin.
6. Outlet conditions from the desilting basin shall not exceed
downstream limitations, with the exception of overflow, which is to
4
ORDINANCE NO: 1087
be designed to provide capacity of 1.5 times the maximum design
flow.
B. Temporary Erosion Control Measures
1. The permittee shall keep a standby crew for emergency work;
available at all times during the rainy season. Necessary materials
shall be available onsite and stockpiled at convenient locations to
facilitate rapid construction of temporary devices or to repair any
damaged erosion control measures when rain is imminent.
2. Devices shall not be moved or modified without the approval of the
Building Official or, in an emergency by the person responsible for
grading operations.
3. All removable protective devices shown shall be in place at the end
of each working day when the five-day rain probability forecast
exceeds forty percent. Forecasts shall be received from broadcasts
provided by the United States Weather Service.
4. After a rainstorm, all silt and debris shall be removed from check
berms and desilting basins and the basins pumped dry. Any graded
slope surface protection measures damaged during a rainstorm shall
also be immediately repaired. Failure to provide effective
maintenance may result in penalties as provide per Section 205.
5. Fill slopes at the tract perimeter must drain away from the top of the
slope at the conclusion of each working day.
6. At least one guard shall be posted on the site whenever the depth of
water in any device exceeds eighteen inches. Additional guards may
be required as deemed necessary by the Building Official.
7. After a rainstorm, all silt and debris shall be removed from public
drains and pipes, and from drains and pipes of adjacent properties.
C. Subsequent Rainy Seasons. For projects extending into subsequent rainy seasons,
for temporary drainage and erosion control plans shall be submitted. These plans
shall comply with all requirements in Section 1716 (A) and (B).
5
ORDINANCE NO: 1087
UNIFORM HOUSING CODE
1997 AMENDMENTS
SECTION 202
is amended to read as follows:
All building or portions thereof which are determined to be substandard as defined in this
code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation,
demolition or removal in accordance with the procedure specified in Chapter 17 of the
Code.
SECTION 204
is amended by adding the following paragraph at the end of said section to
read as follows:
Any person violating any of the provisions or failing to comply with any of the mandatory
requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any
person convicted of a misdemeanor under the ordinance of Lake Elsinore shall be punished
by a fine of not more than one thousand dollars, or by imprisonment not exceed six months,
or by both such fine and imprisonment. Each such person shall be guilty of a separate
offense for each and every day during any portion of which any violation of any provision
of the ordinance of Lake Elsinore is committed, continued, or permitted by any such person
and shall be punished accordingly.
1. Chapter 11 through 16 is deleted
2. Chapter 17 - Abatement of substandard and unsafe buildings
3. Chapter 17 is added to read as follows:
CHAPTER 17
ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS
SECTION 1701: STATEMENT OF INTENT
Upon finding any building to be in this category, the Building Official shall notify the
owner of record as indicated on the Riverside County Tax: Assessors Records, of the intent
of the City in condemning the building, also advising the owner, that a Preliminary Title
Report has been ordered to determine who the concerned parties are, the cost of which will
be assessed against the property owner. If the owner does not respond within fifteen days
. from receipt of this statement, the Building Official shall proceed to the next step.
6
ORDINANCE NO: 1087
SECTION 1702: FIRST NOTICE
The Building Official, upon determining that a building or structure is unsafe or
substandard shall give a written notice of defects to all parties concerned in the manner
hereinafter stated. The notice shall specify the conditions, which render the building or
structure unsafe or substandard. The notice shall require the owner to obtain all necessary
permits from the Division of Building and Safety and to correct or abate the unsafe or
substandard conditions, either by repair, demolition or removal within thirty days after the
date of notice. If a building is encumbered by a mortgage or deed of trust of record, and the
owner of the building shall not have complied with the order on or before the expiration of
thirty days after the mailing and posting of the notice, the mortgagee or beneficiary under
the deed of trust may, within fifteen days after the expiration of the thirty day period,
comply with the requirements of the notice.
SECTION 1703: MANNER OF GIVING NOTICE
The Building Official shall post a copy of the notice of defects in a plainly visible place on
the building or structure and he shall send a copy, by registered or certified mail, postage
prepaid, return receipt requested, to the owner of the land on which the building or structure
is located, as such persons name and address appears on the last County equalized
assessment roll, and to each mortgage or beneficiary under any deed of trust, that is of
record; to the holder of any lease that is of record, and to the record holder of any other
estate or interest in the building or structure or the land upon which such building or
structure is located, at the last known address of such interest holders.
SECTION 1704: ORDER TO VACATE
Whenever, in the opinion of the Building Official, extreme and imminent hazard exists, he
shall be given written notice ordering the occupants of any such building to immediately
vacate and, the event compliance with the order is not voluntarily and promptly obtained, he
shall request the law enforcement agency having jurisdiction to effect such a vacation or
forthwith take such action at law as is required to cause the premises to be vacated. A copy
of the order to vacate, which shall include the reasons for the order, shall be posted on the
building and mailed to all concerned parties and filed in the Building Department files in
the same manner as the notice of defects. Upon giving such order to vacate, the Building
Official shall cause to be posted at each entrance to the building a notice to read: DANGER
_ THIS BUILDING UNSAFE FOR OCCUPANCY - DIVISION OF BlJaDING AND
SAFETY - DEPARTMENT OF COMMUMITY DEVELOPMENT - CITY OF LAKE
ELSINORE, such notices shall remain posted until the required repair, demolition or
removal are completed. Such notice shall not be removed without written permission of the
Building Official and no person shall enter the building except for the purpose of making
the required repairs or the demolition of the building, without the written permission of the
Building Official.
7
ORDINANCE NO: 1087
SECTION 1705: NOTICE OF ADMINISTRATIVE PROCEEDING
Whenever the first notice of defects has been given, the Building Official shall record in the
office of the County Recorder of Riverside County, a Notice that an administrative
proceeding has been commenced for the abatement of a public nuisance, describing the real
property affected and stating that the costs incurred therein may become a lien on said
property, and directing inquiry for further details to his office, giving the address thereof
SECTION 1706: APPEAL
Any person entitled to service under this ordinance may appeal the proceedings by filing a
written appeal on a form furnished by the Building Official within thirty days of receipt of
the first notice. Failure to do so constitutes a waiver of the owners right to a hearing and
adjudication of the notice or any portion thereof
1. Upon receipt of any appeal the Building Official shall set a hearing date to
not be less than ten days or more than sixty days from the date the appeal
was received.
2. The Building Official upon setting the hearing date of the Appeals Board,
shall notify the appellant(s) at the address shown the Appeal, of the date,
time and place the hearing will be held. This notification shall be given
not less than ten days prior to the hearing date.
3. Except for orders to vacate made pursuant to Section 2( e) of the
ordinance, enforcement of any notice issued under this ordinance shall be
stayed pending the outcome of any appeal property and timely filed.
SECTION 1707: HEARING
At the time fixed in the notice, the Board of Appeals shall proceed to hear the testimony of
the Building Official, and the owner of the building or structure or his representative if
. present at said hearing, and other concerned parties who may desire to testify, regarding the
condition of the building or structure, the estimated cost of reconstruction, repair or
removal, and any other relevant matter. Upon the conclusion of the hearing, the Board shall
make its decision and, in the event that it so concludes, it may declare the building or
structure to be a nuisance and direct the owner to abate the same by having the building or
structure properly reconstructed or repaired, or by having it razed or removed, and further
notifying the owner that if said nuisance is not abated within thirty days after posting and
mailing of the Boards decision, the building or structure will be razed or removed by the
City of Lake Elsinore and the expense thereof shall be a lien on the lot or parcel of land
upon which the building or structure is located, or make a personal obligation of the
property owner.
1. At any time within ten days after the Boards decision directing the abatement
of a nuisance, the Building Official shall post a copy of the Boards decision
8
ORDINANCE NO: 1087
on the building or structure and mail copies thereof to all parties concerned
in the same manner as the first notice, and he shall file an affidavit thereof to
all parties concerned in the same manner as the first notice and he shall file
an affidavit thereof in the Building Division files, the Board may grant any
extension of time to abate said nuisance that it may deem justifiable upon
good cause being shown.
SECTION 1708: TIME TO BRING ACTION
Unless the owner or holder of an interest of record brings an action in a court of competent
jurisdiction within thirty days after the date of mailing and posting on said premises of the
notice of the decision of the Board, contesting the validity of any proceedings leading up to
and including the decision of the board, all objections to the proceedings and decisions will
be deemed to have been waived.
SECTION 1709: SECOND NOTICE
If the order of the Building Official in the first notice is not complied with within forty five
days after giving notice and no appeal has been filed the Building Official shall give a
second notice to all parties concerned by posting and mailing in the same manner as the first
notice. The second notice shall be entitled "Notice to Abate Nuisance" the notice shall
direct the owner of the building or structure to effect all necessary abatement within thirty
days from receipt of the second notice or show cause why such building or structure should
not be condemned as a nuisance and abated as wherein provided. The failure of the owner
or any other person to receive such notice shall not affect in any manner the validity of any
proceeding taken hereunder.
SECTION 1710: JURISDICTION TO ABATE
Thirty days after the mailing and posting of the Board of Appeals decision or the second
notice, the City shall have jurisdiction to abate such nuisance by razing or removing the
building or structure. In the event that the nuisance is not abated within the prescribed time,
the City may thereupon raze and remove the building or structure as herein after described
under its direction and supervision.
SECTION 1711: METHOD OF ABATEMENT
Abatement of all buildings or structures under the direction and supervision of the City
pursuant to the provisions of this ordinance shall be done in the following manner:
I. If in the event the nuisance can be abated by repair or rehabilitation, the
Building Official may employ such architectural or engineering assistance
on a contract basis as he may deem reasonably necessary to prepare plans
and specifications to facilitate said repair or rehabilitation.
9
ORDINANCE NO: 1087
2. Actual work to be done whether it be repair and rehabilitation or demolition
and removal, shall be accomplished by private contract. A minimum of
three bids shall be received from reputable licensed contractors prior to
contracting for work to be done.
SECTION 1712: COST RECOVERY
Repair or demolition cost recovery shall be accomplished in the following manner:
A. Statement of Expense. The Building Official shall keep a complete and
accurate account of costs incurred in the performance of any work pursuant
to the provision of this ordinance.
A verified statement of expense showing the gross and net expense of the
work performed and all other costs shall be given to the City Clerk who shall
schedule it for City Council consideration to set a hearing date. The date,
time, place, and purpose of the hearing shall be published once in a local
newspaper. A copy of the statement and notice shall be accomplished in the
same manner as is prescribed for the first notice.
B. Hearing on Statement of Expense. At the time fixed for the hearing on the
statement of expense the City Council shall consider the statement, together
with any objections or protests which may be raised by the property owner
or other concerned parties. The Council may make any such revision,
correction or modification in the statement as it may deem just, any
thereafter shall render its decision on the statement. The Councils decision
on the statement and all protests and objection, which may be made, shall be
final and conclusive.
C. Method of Payment for Cost Recovery. Shall be determined by the City
Council as a part of the decision rendered in the hearing of the statement of
expense.
1. The Council may make the charges a personal obligation of
the property owner and direct the City Attorney to collect the
same using all appropriate legal remedies.
2. Or the Council may order the charge to be made a special
assessment and lien against the property involved and order
said assessment recorded on the assessment roll in behalf of
the City.
D.
Payment and Recordation of Lien. All concerned parties shall be notified of
the City Councils decision of the hearing in the same manner as the first
notice and shall be given opportunity to pay said charges. If payment is not
received within ten days after receipt of the Councils decision on the
-
10
ORDINANCE NO: 1087
statement, the Finance Director shall file in the Office of the County
Recorder of Riverside County a notice of lien, describing the real property
affected, a summary of the action taken to abate the nuisance and the amount
ofthe lien claimed by the City of Lake Elsinore.
1. Priority. Immediately upon its being placed on the
assessment roll the assessment shall be deemed to be
complete, the several amounts assessed shall be payable, and
the assessments shall be liens against the lots or parcels of
land assessed, respectively. The lien shall be subordinate to
all existing special assessment liens previously imposed upon
the same property, and shall be paramount to all other liens
except for state, county and municipal taxes with which it
shall continue until the assessment and all interest due and
payable thereon are paid.
2. Interest. All such assessment remaining unpaid after thirty
days from the date of recording on the assessment roll shall
become delinquent and shall bear interest at the rate per
annum from and after said date as determined by the City
Council.
3. The amount of the assessment shall be collected at the same
time and in the same manner as ordinary municipal taxes are
collected; and shall be subject to the same penalties and
procedures and sale in case of delinquency as provided for
ordinary municipal taxes. All laws applicable to the levy,
collection and enforcement of municipal taxes shall be
applicable to such assessment.
4. All money recovered by payment of the charge or assessment
or from the sale of the property at foreclosure sale shall be
paid to the City of Lake Elsinore.
E. Release of Lien. Upon payment in full of the costs of the abatement
proceedings and the expense of the work done, the Building Official shall
execute and record with the County Recorder a release of the recorded lien
on the property. If an assessment has been placed on the assessment roll and
is thereafter paid to the Building Official, he shall notify the County Auditor
who shall cancel the assessment on the roll.
F. Fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore
Municipal Code.
11
ORDINANCE NO: 1087
UNIFORM FIRE CODE
2000 EDITION
SECTION 204 C
The following definitions are amended:
1. Chief or Chief of the Fire Department is the City Manager or his authorized
representative.
2. Chief Engineer is the City Manager or his authorized representative.
3. Chief of the Bureau of Fire Prevention is the City Manager or his authorized
representative.
UNIFORM PLUMBING CODE
2000 AMENDMENT
PART I VIOLATION AND PENALTIES 102.3.2 the first paragraph is amended to read as
follows:
Any person, firm or corporation violating any provision of this code shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be punishable by a fine of not to
exceed one thousand dollars or by imprisonment in the county jail for not to exceed six
months, or by both fine and imprisonment. Each separate day or any portion thereof during
which any violation of this code occurs or continues shall be deemed to constitute a
separate offense, and upon conviction thereof shall be punishable as herein provided.
PART I SCHEDULE OF FEES 103.4.1 is amended to read as follows:
The schedule of fees shall be set pursuant to Chapter 3.32 of the Municipal Code.
SECTION 701 (A) exception two is amended by adding the preceding sentence to read as
follows:
PVC and DWV piping installations shall be limited to those structures where combustible and non-fire rated
construction is allowed.
SECTION 903 (A) exception two is amended by adding the preceding sentence to read as
follows:
12
ORDINANCE NO: 1087
ABS, PVC, and DWV piping installations shall be limited to those structures where
combustible and nonfire rated constructions is allowed.
UNIFORM MECHANICAL CODE
2000 AMENDMENTS
SECTION 111.1 is amended by adding the preceding paragraph at the end of said section to read
as follows:
Any person, firm, or corporation violating any of the provisions or failing to comply with
any of the mandatory requirements of the ordinance of Lake Elsinore shall be guilty of a
misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake
Elsinore shall be punished by a fine of not more than one thousand dollars, or by
imprisonment not to exceed six months, or by both such fine and imprisonment. Each such
person shall be guilty of a separate offense for each and every day during any portion of
which any violation of any provision of the ordinance of Lake Elsinore is committed,
continued, or permitted by any such person, and shall be punished accordingly.
SECTION 1.5.2
is amended to read as follows:
The fees for each permit shall be as set pursuant to Chapter 3.32 of the Mechanical Code.
NATIONAL ELECTRICAL CODE
1999 EDITION
SECTION 304 (A) shall be amended as follows:
Schedule of fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore
Municipal Code.
ARTICLE 310-5
is amended by adding the following sentences:
Conductors smaller than size six shall be copper only.
ARTICLE 336-3
is amended as follows:
Type NM and Type NMC cable shall be permitted to be used in one and two family
dwellings and multi family apartment dwellings, not exceeding three floors above grade.
13
ORDINANCE NO: 1087
UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE
2000 EDITION
SECTION 1.11
shall be amended as follows:
Schedule of fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore
Municipal Code.
SECTION 320
is added to read as follows:
Same as Section 15.36.050 of the Lake Elsinore Municipal Code (Ordinance No. 981).
UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDING
1997 AMENDMENT
SECTION 202
is amended to read as follows:
All building or portions thereof which are determined after inspection by the Building
Official to be dangerous as defined in this code are hereby declared to be public nuisances
and shall be abated by repair, rehabilitation, demolition or removal in accordance with the
procedure specified in Chapter 10 of this code.
SECTION 203
is amended by adding the following paragraph at the end of said section to
read as follows:
Any person violating any of the provisions or failing to comply with any of the mandatory
requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any
person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished
by a fine of not more than one thousand dollars, or by imprisonment not to exceed six
months, or by both such fine and imprisonment. Each such person shall be guilty of a
separate offense for each and every day during any portion of which any violation of any
provision of the ordinances of Lake Elsinore is committed, continued, or permitted by any
such person and shall be punished accordingly.
1. Chapter 4 through 9 is deleted.
2. Chapter 10 - Abatement of substandard and unsafe buildings.
14
ORDINANCE NO: 1087
CHAPTER 10
ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS
SECTION 1001: STATEMENT OF INTENT
Upon finding any building to be in this category, the Building Official shall notify the
owner of record as indicated on the Riverside County Tax Assessors Records, of the intent
of the City in condemning the building, also advising the owner, that a Preliminary Title
Report has been ordered to determine who the concerned parties are, the cost of which will
be assessed against the property owner. If the owner does not respond within fifteen days
form receipt of the statement, the Building Official shall proceed to the next step.
SECTION 1002: FIRST NOTICE
The Building Official, upon determining that a building or structure us unsafe or
substandard shall give a written notice of defects to all parties concerned in the manner
hereinafter stated. The notice shall specify the conditions, which render the building or
structure unsafe or substandard. The notice shall require the owner to obtain all necessary
permits from the Division of Building and Safety and to correct or abate the unsafe or
substandard conditions, either by repair, demolition or removal within thirty days after the
date of notice. Ifa building is encumbered by a mortgage or deed of trust of record, and the
owner of the building shall not have complied with the order on or before the expiration of
thirty days after the mailing and posting of the notice, the mortgagee or beneficiary under
the deed of trust may, within fifteen days after the expiration of the thirty day period,
comply with the requirements ofthe notice.
SECTION 1003: MANNER OF GIVING NOTICE
The Building Official shall post a copy of the notice of defects in a plainly visible place on
the building or structure and he shall send a copy, by registered, to the owner of the land on
which the building or structure is located, as such persons name and address appears on the
last County equalized assessment roll, and to each mortgagee or beneficiary under any deed
of trust, that is of record; to the holder of any lease that is of record, and to the record holder
of any other estate or interest in the building or structure or the land upon which such
building or structure is located, at the last known addresses of such interest holders.
SECTION 1004: ORDER TO VACATE
Whenever, in the opinion of the Building Official, extreme and imminent hazard exists, he
shall give written notice ordering the occupants of any such building to immediately vacate
and, in the event compliance with the order is not voluntarily and promptly obtained, he
15
ORDINANCE NO: 1087
shall request the law enforcement agency having jurisdiction to effect such a vacation or
forthwith take such action at law as is required to cause the premises to be vacated. A copy
of the order to vacate which shall include the reasons for the order, shall be posted on the
,
building and mailed to all concerned parties and filed in the Building Division files in the
same manner as the notice of defects. Upon giving such order to vacate, the Building
Official shall cause to be posted at each entrance to the building a notice to read: DANGER
_ TillS DEPARTMENT OF COMMUNITY DEVELOPMENT - CITY OF LAKE
ELSINORE, such notices shall remain posted until the required repair, demolition or
removal are completed. Such notice shall not be removed without written permission of the
Building Official and no person shall enter the building except for the purpose of making
the required repairs or the demolition of the building, without the written permission of the
Building Official.
SECTION 1005: NOTICE OF ADMINISTRATIA VE PROCEEDINGS
Whenever the first notice of defects has been given, the Building Official shall record in the
office of the County Recorder of Riverside County, a notice that an administrative
proceeding has been commenced for the abatement of a public nuisance, describing the real
property affected and stating that the costs incurred therein may become a lien on said
property, and directing inquiry for further details to his office, giving the address thereof
SECTION 1006: APPEAL
Any person entitled to service under this ordinance may appeal the proceedings by filing a
written appeal on a for furnished by the Building Official within thirty days of receipt of the
first Notice. Failure to do so constitutes a waiver of the owners right to a hearing and
adjudication of the notice or any portion thereof
1. Upon receipt of any appeal the Building Officia,l shall set a hearing date to
be not less than ten days or more than sixty days from the date the appeal
was received.
2. The Building Official upon setting the hearing date of the Appeals Board
shall notify the appellant(s) at the address shown on the Appeal, of the date,
time and place the hearing will be held. This notification shall be given not
less than ten days prior to the hearing date.
3. Except for orders to vacate made pursuant to Section 2( e) of the Ordinance,
enforcement of any notice issued under this ordinance shall be stayed
pending the outcome of any appeal properly and timely filed.
SECTION 1007: HEARING
At the time fixed in the notice, the Board of Appeals shall proceed to hear the testimony of
the Building Official, and the owner of the building or structure or his representative if
present at said hearing, and other concerned parties who may desire to testify, regarding the
condition of the building or structure, the estimated cost of reconstruction, repair or
16
ORDINANCE NO: 1087
removal, and any other relevant matter. Upon the conclusion of the hearing, the B~ar~ shall
make its decision and, in the event that it so concludes, it may declare the bUlldmg or
structure to be a nuisance and direct the owner to abate the same by having the building or
structure properly reconstructed or repaired, or by having it razed or removed, and further
notifying the owner that if said nuisance is not abated within thirty days after posing and
mailing of the Boards decision, the building or structure will be razed or removed by the
City of Lake Elsinore and the expense thereof shall be a lien on the lot or parcel of land
upon which the building or structure is located, or made a personal obligation of the
property owner.
SECTION 1008: TIME TO BRING ACTION
Unless the owner or holder of an interest of record brings an action in a court of competent
jurisdiction within thirty days after the date of mailing and posting on said premises of the
notice of the decision of the Board, contesting the validity of any proceedings leading up to
and including the decision of the Board, all objections to the proceedings and decision will
be deemed to have been waived.
SECTION 1009: SECOND NOTICE
If the order of the Building Official in the first is not complied with within forty five days
after giving notice and no appeal has been filed the Building Official shall give a second
notice to all parties concerned by posting and mailing in the same manner as the first notice.
The second notice shall be entitled "Notice to Abate Nuisance" the notice shall direct the
owner of the building or structure to effect all necessary abatement within thirty days from
receipt of the second notice or show cause why such building or structure should not be
condemned as a nuisance and abated as wherein provided. The failure of the owner or any
other person to receive such notice shall not affect in any manner the validity of any
proceeding taken hereunder.
SECTION 1010: JURISDICTION TO ABATE
Thirty days after the mailing and posting of the Board of Appeals decision or the second
notice, the City shall have jurisdiction to abate such nuisance by razing or removing the
building or structure. In the event that the nuisance is not abated within the prescribed time,
the City may thereupon raze and remove the building or structure as hereinafter described
under its direction and supervision.
SECTION 1011: METHOD OF ABATEMENT
Abatement of all buildings or structures under the direction and supervision of the City
pursuant to the provisions ofthis ordinance shall be done in the following manner:
1. If in the event the nuisance can be abated by repair or rehabilitation, the
Building Official may employ such architectural or engineering assistance
17
ORDINANCE NO: 1087
on a contract basis as he may deem reasonably necessary to prepare plans
and specifications to facilitate said repair or rehabilitation.
2. Actual work to be done whether it be repair and rehabilitation or demolition
and removal, shall be accomplished by private contract. A minimum of
three bids shall be received from reputable licensed contractors prior to
contracting for work to be done.
SECTION 1012: COST RECOVERY
Repair or demolition cost recovery shall be accomplished in the following manner.
A. Statement of Expense. The Building Official shall keep a complete and
accurate account of all costs incurred in the performance of any work
pursuant to the provision of this ordinance.
A verified statement of expense showing the gross and net expense of the
work performed and all other costs shall be given to the City Clerk who shall
schedule it for City Council consideration to set a hearing date. The date,
time, place, and purpose of the hearing shall be published once in a local
newspaper. A copy of the statement and notice shall be accomplished in the
same manner as is prescribed for the first notice.
B. Hearing on Statement of Expense. At the time fixed for the hearing on the
statement of expense the City Council shall consider the statement, together
with any objections or protests which may be raised by the property owner
or other concerned parties. The Council may make any such revision,
correction or modification in the statement as it may deem just, and
thereafter shall render its decision on the statement. The Council's decision
on the statement and all protests and objection, which may be made, shall be
final and conclusive.
C. Method of Payment for Cost Recovery. Shall be determined by the City
Council as a part of the decision rendered in the hearing of the statement of
expense.
1. The Council may make the charges a personal obligation of
the property owner and direct the City Attorney to collect the
same using all appropriate legal remedies.
2. Or the Council may order the charge to be made a special
assessment and lien against the property involved and order
said assessment recorded on the assessment roll in behalf of
the City.
18
ORDINANCE NO: 1087
D. Payment and Recordation of Lien. All concerned parties shall be notified of
the City Council decision of the hearing in the same manner as the first
notice and shall be given opportunity to pay said charges. If payment is not
received within ten days after receipt of the Councils decision on the
statement. The Finance Director shall fine in the office of the County
Recorder of Riverside County a notice of lien, describing the real property
affected, a summary of the action taken to abate the nuisance and the amount
of the lien claimed by the City of Lake Elsinore.
1. Priority. Immediately upon its being placed on the
assessment roll the assessment shall be deemed to be
complete, the several amounts assessed shall be payable, and
the assessments shall be liens against the lots or parcels of
land assessed, respectively. The lien shall be subordinate to
all existing special assessment liens previously imposed upon
the same property, and shall be paramount to all other liens
except for state, county and municipal taxes with which it
shall continue until the assessment and all interest due and
payable thereon are paid.
2. Interest. All such assessments remaining unpaid after thirty
days from the date of recording on the assessment roll shall
become delinquent and shall bear interest at the rate per
annum from and after said date as determined by the City
Council.
3. The amount of the assessment shall be collected at the same
time and in the same manner as ordinarily municipal taxes are
collected; and shall be subject to the same penalties and
procedures and sale in case of delinquency as provided for
ordinary municipal taxes. All laws applicable to the levy,
collection and enforcement of municipal taxes shall be
applicable to such assessment.
4. All money recovered by payment of the same charge or
assessment or from the sale of the property at foreclosure sale
shall be paid to the City of Lake Elsinore.
E. Release of Lien. Upon payment in full of the costs the abatement proceeding
and the expense of the work done, the Building Official shall execute and
record with the County Recorder a release of the recorded lien on the
property. If an assessment has been placed on the assessment roll and is
thereafter paid to the Building Official, he shall notify the County Auditor
who shall cancel the assessment on the roll.
19
ORDINANCE NO: 1087
F. Fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore
Municipal Code.
This ordinance shall become effective as provided by law.
INTRODUCED AND APPROVED UPON FIRST READING this 220d day of
October, 2002, upon the following roll call vote:
AYES: COUNCIL MEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 12th
day of November, 2002, upon the following roll call vote:
AYES: COUNCIL MEMBERS: BRINLEY, BUCKLEY, HI CKMAN, SCHI FFNER, KELLEY
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS NONE
~~ST
Vicki Lynn Ka
-
APrtOVED ~S r ~OV' /
r d/~\I.! ff '. "', .I ,f{/
H .D;/ . \c. ..lv '.' i
, ara Leibold, City Attorney
City of Lake Elsinore
(SEAL)
20
ORDINANCE NO. -1illi8
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, CALIFORNIA
APPROVING ZONE CHANGE NO. 2002-03
CHANGING THE ZONING DESIGNATION OF A
PARCEL SPECIFICALLY DESCRIBED AS APN 363-
550-008 FROM C-2 (GENERAL COMMERCIAL
DISTRICT) TO C-l (NEIGHBORHOOD
COMMERCIAL DISTRICT)
THE CITI COUNCIL OF THE CITI OF LAKE ELSINORE, CALIFORNIA DOES
ORDAIN AS FOLLOWS:
WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting
held on November 5, 2002 reported upon the desirability and made recommendations in favor of
said change of zone by adopting Planning Commission Resolution No. 2002-52 recommending that
City Council approve Zone Change No. 2002-03; and
WHEREAS, public notice of said project has been given, and the City Council has
considered evidence presented by the Community Development Department and other interested
_ parties at a public hearing held with respect to this item on November 26, 2002;
SECTION ONE: The City Council has considered the proposed Zone Change No.
2002-03, prior to approving such proposal. The City Council fInds and determines that this project
is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332, Class
32, In-@l Development Projects.
SECTION TWO: That in accordance with State Planning and Zoning Law and the City
of Lake Elsinore Municipal Code, the following fIndings for the approval of Zone Change No.
2002-03 have been made as follows:
1. As stated in the adopted EIR for the General Plan, any project consistent with the said
document will not create any signifIcant impacts on the environment or any potential
impacts will be mitigated.
2. The proposed zone code amendment will not be (1) 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, (2) injurious to property or improvements in
the neighborhood or within the City.
3. The proposed action will be consistent with the Goals, Objectives and Policies of the
General Plan and the Standards established in the Municipal Code.
Ordinance No. 1088
Page 2 of2
SECTION THREE: The Official Zoning Map of the City of Lake Elsinore is
hereby amended by changing, reclassifying and rezoning the following described property, to wit:
Assessor's Parcel Number 363-550-008 from C-2 (General Commercial District) to
C-l (Neighborhood Commercial District)
SECTION FOUR: This Ordinance shall take effect thirty (30) days after the date
of its passage. The City Clerk shall certify as to the adoption of this Ordinance and cause this
Ordinance to be published and posted in the manner required by law.
INTRODUCTED AND APPROVED UPON FIRST READING this 26th of November,
2002, upon the following roll call vote:
NOES:
COUNCILMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER,
KELLEY
COUNCILMEMBERS: NONE
AYES:
ABSENT:
COUNCILMEMBERS: NONE
ABSTENTIONS:
COUNCILMEMBERS: NONE
.-
PASSED, APPROVED AND ADOPTED UPON SECOND READING thisJQ day of
Dee. . 20g:Upon the following roll call vote:
AYES:
COUNCILMEMBERS: BRINLEY, BUCKLEY, SCHI FFNER, KELLEY
NOES:
COUNCILMEMBERS; lfll{):NJ _
ABSENT:
COUNCILMEMBERS: HICKMAN
ABSTENTIONS:
COUNCILMEMBERS: NONE
~J,'W
VICKI L. KASAD, CITI CLERK.
B
,b --t-..J
/ (
It
LEIBOLD, CITI ATTORNEY
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 November, 2002; approved upon second reading by title only on the 10th day of
December, 2002, by the following roll call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, BUCKLEY, SCHIFFNER,
KELLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
HICKMAN
-
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 HEREB Y CERTIFY that the above and foregoing is a full, true and correct copy
of Ordinance No. 1088 of said Council, and that the same has not been amended or repealed.
CKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
-
(SEAL)