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HomeMy WebLinkAboutOrd. Nos 2000-1057-1071 ORDINANCE NO. 1057 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 8.40, SECTION 8.40.040, SUBSECTION G OF TITLE 8 OF THE LAKE ELSINORE MUNICIPAL CODE PROHIBITING CAMPING AND ENCAMPMENTS WHEREAS, the City Council of the City of Lake Elsinore desires to prohibit encampments and camping on City parks and beaches outside of designated camping areas in a reasonable, content-neutral manner in order to assure the preservation and protection of the health, safety and welfare of the community. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1: That Chapter 8.40, Section 8.40.040, Subsection G to Title 8 of the Lake Elsinore Municipal Code is amended in its entirety to read as follows: G. No person shall: (1) maintain, erect, or permit the erection of any hut, shanty, tent, tarpaulin, or other type of temporary structure at or upon any City park or beach except on such property designated by the City for the purpose of camping, or (2) use City park or beach for the purpose of camping except on such property designated by the City for the purpose of camping. As used herein, the term "camping" means the use of City parks or beaches for the purpose of living accommodations or habitation such as sleeping activities, or making preparation to sleep, including the laying down of bedding for purposes of sleeping, or using or storing personal belongings such as cooking equipment, sleeping bags, cots, beds, hammocks, clothing or other personal items. SECTION 2: 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 thisp thday of January ,2000, by the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this E day of January ,2000, by the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE ABSTAIN: COUNCILMEMBERS: !:J/E L-pamela Brinley, PAGE TWO - ORDINANCE NO. 1057 ATTEST: - ?lJt.u Vicki Kasad, City Clerk APPROVED AS TO FORM: B - - 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 11th day of January, 2000; approved upon second reading by title only on the 25th day of January, 2000, by the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, P APE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE ABSTAIN: COUNCILMEMBERS: NONE ~~ITYCLERK 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 above and foregoing is a full, true and correct copy of Ordinance No. 1057 of said Council, and that the same has not been amended or repealed. - DATED: January 26,2000 ~~~TYCLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 1058 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 9.32 TO TITLE 9 OF THE LAKE ELSINORE MUNICIPAL CODE, PROHIBITING LOITERING THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1: That Chapter 9.32 be added to Title 9 of the Lake Elsinore Municipal Code to read as follows: Chapter 9.32 Loitering 9.32.010 Findings. The City Council for the City of Lake Elsinore desires to prohibit obstructions and allow the free passage of pedestrians and vehicle traffic on public rights of ways, entrances to buildings, and parking lots in a manner that will not abridge the exercise of a person's Constitutional rights. 9.32.020 Definitions. The term "Loitering" as used in this Chapter shall mean to delay, linger, or sit, lie or stand idly in one location. 9.32.030 Prohibition. A. Rights-of-Way. No person, after first being warned by a peace officer to vacate the premises, or where a sign has been posted giving notice of the provision of this chapter, shall loiter in or upon any public street, sidewalk, curb, crosswalk or other public right-of-way as to obstruct the free passage of pedestrian or vehicular traffic thereon. This section does not prohibit a person from sitting upon a public right-of-way if: 1. Necessitated by physical disability; 2. Viewing a legally conducted parade or special event; 3. On a bench lawfully installed. B Building. No person shall loiter so as to obstruct or prevent access to any structure or building open to the public. 9.32.040. Exceptions. The provisions of this chapter shall not apply when application would abridge the exercise of a person's rights protected under the United States Constitution and the California Constitution, including, but not limited to, the right of free speech, right of peaceable assembly and right to object to unreasonable search and seizure. 9.32.050 Violation, Penalty Established. Violation of this Chapter shall be deemed an infraction subject to the penalty for infractions as set forth in Chapter 1.16 of the Lake Elsinore Municipal Code. SECTION 2: 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 11th day of January, 2000, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: KELLEY, P APE, SCHIFFNER, BRINLEY NONE METZE NONE PASSED, APPROVED AND ADOPTED this 25th day of January, 2000, by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: ?5~y~ Vicki Kasad, City Clerk APPROVED AS TO FORM: B - KELLEY, PAPE, SCHIFFNER, BRINLEY NONE METZE 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 11th day of January, 2000; approved upon second reading by title only on the 25th day of January, 2000, by the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, P APE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE ABSTAIN: COUNCILMEMBERS: NONE ~JLU VICKI KASAD, CITY CLERK 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 above and foregoing is a full, true and correct copy of Ordinance No. 1058 of said Council, and that the same has not been amended or repealed. ~~~6.2000 VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 1059 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 8.38 TO TITLE 8 OF THE LAKE ELSINORE MUNICIPAL CODE, REMOVAL OF SHOPPING CARTS FROM BUSINESS PREMISES AND POSSESSION OF SUCH CARTS - THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1: That Chapter 8.38 be added to Title 8 of the Lake Elsinore Municipal Code to read as follows: Chapter 8.38 Shopping Carts 8.38.010 Findings. The City Council for the City of Lake Elsinore desires to discourage the unlawful removal of shopping carts from business premises which own the carts and the possession of which, when used on public streets and sidewalks, presents a danger and obstruction to persons attempting to use such public ways, particularly the disabled and emergency service personnel. 8.38.020 Unlawful Removal or Possession. It is unlawful for any person to remove, possess or abandon a shopping cart from or in a location other than the business premises which owns the shopping cart or the parking lot of such business, without the permission of the owner. This section shall not apply to the owner of the shopping cart, the owner's agent or to an owner of private property who is attempting to dispose of a shopping cart left on his or her property. - 8.38.030 Violation, Penalty Established. Violation of this Chapter shall be deemed an infraction subject to the penalty for infractions as set forth in Chapter 1.16 of the Lake Elsinore Municipal Code. SECTION 2: 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.lL day of January ,2000, by the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE ABSTAIN: COUNCILMEMBERS: NONE - P AGE TWO - ORDINANCE NO. 1059 PASSED, APPROVED AND ADOPTED this ~ day-of January ,2000, by the following roll call vote: - AYES: COUNCILMEMBERS: KELLEY, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: ~.(L&J Vicki Kasad, 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 11 th day of January, 2000; approved upon second reading by title only on the 25th day of January, 2000, by the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, P APE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE ABSTAIN: COUNCILMEMBERS: NONE n(k'l/ \ -~CKI KA~Y CLERK 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 HEREB Y CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1059 of said Council, and that the same has not been amended or repealed. D0~ uOOO VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) CITY OF LAKE ELSINORE ORDINANCE NO. 1060 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 8.44.020 RELATING TO SIZE AND FISH QUANTITY LIMITS, PARAGRAPH C, "MINIMUM SIZE AND BAG LIMIT LIST". WHEREAS, the City Council of the City of Lake Elsinore adopted Ordinance No. 1053 on October 26th to establish Chapter 8.44 "Fishing" of the Lake Elsinore Municipal Code; and WHEREAS, the City Council has approved the stocking of trout in Lake Elsinore necessitating the amendment to Chapter 8.44.020, Paragraph IC' to include trout in the "Minimum size and Bag Limit List" . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AS FOLLOWS: SECTION I The Lake Elsinore Municipal Code Section 8.44.020 Paragraph C 1S hereby amended and will read as follows: Minimum size and bag limit list: Length Limit Crappie (all species) 10 II 10 Catfish (all species) 10" 10 Bass (all species) 13" 6 Bullheads (all species) 10" 10 Bluegill No Slze limit 10 Carp No size limit No limit Shad No size limit No limit Trout No size limit 5 This ordinance shall become effective as provided by law. Introduced and approved upon first reading this 25th day of January, 2000, upon the following roll call vote: NOES: Councilmembers: KELLEY, PAPE, SCHIFFNER, BRINLEY NONE AYES: Councilmembers: ABSENT: Councilmembers: METZE ABSTAIN: Councilmembers: NONE Passed, Approved, and Adopted this ~ day of February upon the following roll call vote: 2000, AYES: Councilmembers: ~. p~. salnmm. Bn~ NOES: Councilmembers: ~~ ABSENT: Councilmembers: ~TIm ABSTAIN: Councilmembers: Attest: ?S~L ~ Vicki Kasad, city Clerk (Seal) APPROVED AS TO FORM: B -2 - 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 25th day of January, 2000; approved upon second reading by title only on the gthday of February, 2000, by the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, P APE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE ABSTAIN: COUNCILMEMBERS: NONE ~~~YCLERK - 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 above and foregoing is a full, true and correct copy of Ordinance No. 1060 of said Council, and that the same has not been amended or repealed. - DATED: February 16,2000 v~RfuskJ CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 1061 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTION 16.34.080 TO CHAPTER 16.34 OF TITLE 16 OF THE LAKE ELSINORE MUNICIPAL CODE, CONCERNING SUPPLEMENTAL IMPROVEMENTS - WHEREAS, the Subdivision Map Act (California Government Code Section 66410 et seq.) authorizes local agencies to adopt an ordinance requiring subdividers installing improvements for the benefit of their subdivisions to construct and dedicate to the public supplemental size, capacity, number or length for the benefit of property not within the subdivision; and WHEREAS, the Subdivision Map Act requires local agencies to enter into an agreement to reimburse subdividers for such supplemental improvements; and WHEREAS, the City desires to provide necessary public improvements to eliminate blighting conditions within the City's redevelopment project areas characterized by the inadequacy and/or absence of public infrastructure; and WHEREAS, Health and Safety Code Section 33132 authorizes the Agency to accept financial assistance from public or private sources and Health and Safety Code Section 33133 authorizes the Agency to accept any other assistance from such sources for any redevelopment project; and WHEREAS, in accordance with Health and Safety Code Sections 33132 and 33133, the Redevelopment Plans for the City's redevelopment project areas state that the City will aid and cooperate with the Agency in carrying out the Redevelopment Plans and may take action necessary to ensure the continued fulfillment of the purposes of the Plans and to prevent the recurrence or spread of blight or those conditions causing blight; and 'WHEREAS, by adopting an Ordinance authorizing the imposition of supplemental public improvements in accordance with the Subdivision Map Act, the City desires to offer to the Redevelopment Agency assistance in financing public infrastructure necessary to alleviate conditions of blight. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1: That Section 16.34.080 to Chapter 16.34 be added to Title 16 of the Lake Elsinore Municipal Code to read as follows: 16.34.080 Supplemental Improvements. As a condition of approval of a tentative map, the City may require the subdivider to install improvements for the benefit of the subdivision which contain supplemental size, capacity, number or length for the benefit of property not within the subdivision, and that such improvements be dedicated to the public. In the event that improvements of supplemental size, capacity, number or length are required, the City shall provide for reimbursement pursuant to applicable requirements of the Subdivision Map Act (California Government Code Section 66410 et seq.). SECTION 2: 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. OrdS uppl mpro\'cmcnts.40 J 4 .000 1 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 25th day of January, 2000; approved upon second reading by title only on the 8th day of February, 2000, by the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, P APE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE ABSTAIN: COUNCILMEMBERS: NONE h1/ I VICKI KASA~LERK 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 above and foregoing is a full, true and correct copy of Ordinance No. 1061 of said Council, and that the same has not been amended or repealed. - DATED: February 23,2000 ?S~W VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) PASSED UPON FIRSTREADINGthis~ day of January ,2000, by the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE - ABSTAIN: COUNCILMEMBERS: NONE PASSED UPON SECOND READING this 8th day of Februa ry .2000, by the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE ABSTAIN: COUNCILMEMBERS: ATTEST: 2S~ "i..J Vicki Kasad, City Clerk APPROVED AS TO FORM: OrdSupplrr.provements.40] 4.000 2 ORDINANCE NO. 1062 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 98-3 (PRE-ZONE) TO CHANGE THE ZONING DESIGNATION OF APN 363-030-002, -003, -004, - 005, -006, -007, -008, -009, -010, -011, -012, -013, AND -014 FROM R-R (RURAL RESIDENTIAL COUNTY) TO R-1 (SINGLE-F AMIL Y) RESIDENTIAL. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, an application has been filed with the City of Lake Elsinore by Lusk Elsinore, Inc. to change the Zoning Designation of R-R (Rural Residential County) of certain property described as APN 363-030-002, -003, -004, -005, -006, -007, -008, -009, -010, -011, - 012, -013, AND -014 (approximately 64.52 acres) and assign (Pre-Zone) a R-1 (Single-Family Residential) designation; and WHEREAS, Lusk Elsinore, Inc. has submitted additional applications for Annexation No. 69 and Sphere of Influence Amendment, General Plan Amendment No. 98-3, and Tentative Tract Map No. 28751. The project consists of the ultimate development of a 64.52 acre site for construction of residential lots. The project is site located outside the eastern boundaries of the City of Lake Elsinore within the unincorporated boundaries of Riverside County. The site is bounded by the City Lake Elsinore to the south and west, adjacent to an area commonly known as Tuscany Hills. The site is also bounded by the City of Canyon Lake to the north and east. - WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on January 19, 2000 made its report upon the desirability and made its recommendations in favor of said change of zone by adopting Planning Commission Resolution No. 00-04 recommending to the City Council approval of Zone Change No. 98-3; 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 February 8, 2000; SECTION 1. The City Council has considered the proposed Zone Change No. 98-3, prior to approving such proposal. The City Council finds and determines that Environmental Impact Report No. 98-1 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of Zone Change No. 98-3, based upon the following findings and determinations: 1. The City Council has reviewed and considered Final EIR 98-1 and finds that it is complete, contains all required information, and has been completed in compliance with CEQA; the Final EIR was presented to the Planning Commission and the Planning Commission reviewed and considered the information contained in the Final EIR prior to recommending to the City Council certification of the Final EIR; and the Final EIR reflects the Planning Commission's independent judgment and analysis. - 2. In compliance with Section 15074 of the CEQA Guidelines, Final EIR 98-1 and the records of the proceedings upon which this decision is based are and will be on file with the City of Lake Elsinore, 130 South Main Street, Lake Elsinore, California 92530. 3. This City Council finds that Final EIR 98-1 has identified all significant environmental effects of Annexation 69 and Sphere of Influence Amendment, General Plan Amendment No. 98-3, Zone Change No. 98-3, and Tentative Tract Map No. 28751 and adopts findings set forth in Section 21081 of CEQA and Section 15091 of the State CEQA Guidelines with respect to each significant environmental effect identified in Final EIR 98-1, and each alternative considered in Final EIR 98-1, and the explanation of its reasoning with respect to each such finding set forth in the document entitled, Statement of Findings and Facts in Support. CITY COUNCIL ORDINANCE NO. 1062 PAGE TWO 4. This City Council finds that although Final EIR 98-1 identifies certain significant environmental effects that may occur if Annexation 69 and Sphere of Influence Amendment, General Plan Amendment No. 98-3, Zone Change No. 98-3, and Tentative Tract Map No. 28751, are approved, most significant effects that can feasibly be mitigated or avoided have been reduced to an acceptable level by the imposition of project design features, standard conditions or mitigation measures, all of which have been identified and set forth in Final EIR 98-1, and all of which are hereby specifically adopted by this Planning Commission to mitigate the environmental impacts of the proposed project, except those impacts related to traffic, air quality, and noise. 5. This City Council finds that the unavoidable significant environmental effects identified in Final EIR 98-1, related to traffic, air quality, and noise, that have not been reduced to levels of insignificance have been substantially lessened in their severity by the imposition of the mitigation measures, and are clearly outweighed by specific economic, legal, social, technological and other project benefits which offset these unavoidable impacts, and which are set forth in the Statement of Overriding Considerations, and adopts the Statement of Overriding Considerations, which support and justify approval of the Annexation 69 and Sphere of Influence Amendment, General Plan Amendment No. 98-3, Zone Change No. 98- 3, and Tentative Tract Map No. 28751 notwithstanding certain unavoidable significant environmental effects which cannot feasibly be substantially mitigated. _. 6. This City Council finds that the Mitigation Monitoring and Reporting Program establishes a mechanism and procedures for implementing and verifying the implementation of and compliance with the project design features, and mitigation measures pursuant to Public Resources Code Section 21081.6, and adopts the Mitigation Monitoring and Reporting Program. 7. This City Council finds that Final EIR 98-1 serves as adequate and appropriate environmental documentation for the Annexation 69 and Sphere of Influence Amendment, General Plan Amendment No. 98-3, Zone Change No. 98-3, and Tentative Tract Map No. 2875land hereby recommends that the City Council certify Final EIR 98-1 as complete and adequate, and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environmental analysis procedures. 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: 363-030-002, -003, -004, -005, -006, - 007, -008, -009, -010, -011, -012, -013, and -014 from R-R (Rural Residential Zoning- County) to R-1 (Single-Family Residential Zoning); as illustrated in Exhibit "D" attached hereto, and that said real property shall hereafter be subject to the provisions and regulations of the Zoning Ordinance relating to property located within such R -1 Zoning District. 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. The proposed Zoning will establish the necessary pre-zoning for the site. CITY COUNCIL ORDINANCE NO. 1062 PAGE THREE 4. 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 THREE: 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 February, 2000, upon the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, P APE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22nd day of February, 2000, upon the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMB ATTEST: --- - (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 February, 2000; approved upon second reading by title only on the 22nd day of February, 2000, by the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: f 11 1/ J l)~v,lw~ "' 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. 1062 of said Council, and that the same has not been amended or repealed. - DATED: February 23, 2000 9'(" I ~ \~' I '-'v \A--/ ~~U'^--c; VICKI SAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 1063 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTIONS 9.96.030, 9.96.080, 9.96.130, 9.96.180 AND ADDING SECTION 9.96.125 TO SAFETY REGULATIONS: USE OF PORTIONS OF LAKE ELSINORE. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY ORDAINS AS FOLLOW: SECTION I. Safety Regulations: Use of Portions of Lake Elsinore", Chapter 9.96 "Regulating the use of Certain Portions of Lake Elsinore" is hereby amended as follows: A. Section 9.96.030 is amended to read as follows: Boats prohibited in regulated territory. It shall be unlawful to operate a boat or vessel within the territory described in Section 9.96.020 unless authorized by written order of the City Manager. B. Section 9.96.080 is amended to read as follows: Traffic patterns. Except as authorized by written order of the City Manager, all boat traffic shall move in a counterclockwise direction measured from the center of Lake Elsinore. No person shall operate or cause a boat to move in a clockwise direction or turn around except in the five mile per hour zones, which are non-directional, or except in any zone when a person has fallen overboard or when a skier has fallen, and then only for the purpose of retrieving the fallen person. C. Section 9.96.130 is amended to read as follows: Operating boats during nighttime. Where night boating is authorized, no person shall operate a boat at speeds in excess of five miles per hour, unless authorized by written order of the City Manager. D. Section 9.96.180 A is amended to read as follows: Launching. No vessel shall cast off, weigh anchor, or launch when the following conditions exist, unless authorized by written order of the City Manager. PAGE TWO ORDINANCE NO. 1063 SECTION II. A new Section 9.96.125 is hereby added to read as follows: A. Length of vessels. Vessels operating on Lake Elsinore will not exceed a maximum of 30 feet in length, unless authorized by written order of the City Manager. SECTION III. Chapter 9.96 "Regulating the Use of Certain Portions of Lake Elsinore", Sections 9.96.030, 9.96.080, 9.96.130, 9.96.180 and 9.96.125 is hereby adopted. SECTION IV. This ordinance shall take effect as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 11th day of April, 2000, upon the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED, AND ADOPTED UPON SECOND READING this 25th day of April, 2000, upon the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER BRINLEY NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None PAGE THREE ORDINANCE NO. 1063 ATTEST: i~!J VICKI KASAD, 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 11 th day of April, 2000; approved upon second reading by title only on the 25th day of April, 2000, by the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, METZE, P APE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE .r- 0\ -- U \J~AD, CITY CLERK 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 above and foregoing is a full, true and correct copy of Ordinance No. 1063 of said Council, and that the same has not been amended or repealed. DAT~B: May 42:' ?OOO ; I' i '. ... ! ' i 0J~ J/~l VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 1064 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING EXISTING CHAPTER 9.64 (FORTUNETELLING) OF THE LAKE ELSINORE MUNICIPAL CODE IN ITS ENTIRETY AND ADDING A NEW CHAPTER 9.64 - (FORTUNE TELLING) AND AMENDING CHAPTER 17.48 TO ALLOW FORTUNE TELLING AS A PERMITTED USE IN THE C-2 GENERAL COMMERCIAL ZONE NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 9.64 ("Fortunetelling") of the Lake Elsinore Municipal Code is hereby repealed. SECTION 2. Chapter 9.64 ("Fortunetelling") is hereby added to the Lake Elsinore Municipal Code to read as follows: Sections: 9.64.010 9.64.020 9.64.030 9.64.040 9.64.050 9.64.060 9.64.070 9.64.080 9.64.090 9.64.100 9.64.110 9.64.120 9.64.130 9.64.140 9.64.010 CHAPTER 9.64 "FORTUNETELLING" Purpose and Findings Definitions. Prohibited Acts. Exemption-Religious Practice. Permit Application. Investigation. Decision. Issuance of Permit. Term of Permit and Posting. Bond Requirement. Right to Record Session. Revocation. Appeal to City Council. Penalty. Purpose and Findings. (a) The practice of fortunetelling, as defined in this Chapter, has historically been subject to abuse by unscrupulous practitioners using the practice to commit fraud and larceny upon clients. (b) The purpose of this Chapter is to regulate the practice of fortunetelling in such a manner as to reduce the risk of fraud and larceny to clients while allowing fortunetellers to provide their services to clients with only minimal restrictions. (c) The provisions of this Chapter requiring a permit, posting a bond, and allowing client recordation of the consultation, will make it more difficult for an unscrupulous fortuneteller to commit fraud or larceny, and yet, as informational regulations, will not affect the nature of the information conveyed by the fortuneteller nor the manner in which it is conveyed. These regulations require only minimal expense and effort on the part of the fortuneteller and will not, therefore, impose any undue burden on their practices. - (d) For these and other reasons, the provisions of this Chapter are necessary to protect the health, safety and welfare ofthe community. 9.64.020 Definitions. As used in this chapter: (a) "Fortunetelling" means the telling of fortunes or forecasting of futures in exchange for a fee, reward, donation, loan, or receipt of anything of value. Fortunetelling shall include uses where fortunes are told by means of astrology, phrenology, cartomancy, tea reading, clairvoyance, clairaudience, crystal gazing, hypnotism, mesmerism, mediumship, palmistry, spirits, etherealization, numerology, physiognomy, psychometry, seership prophecy, augury, divination, magic, necromancy, talisman, charm, potion, magnetism, magnetized article or substance of any kind or nature. Fortunetelling does not include forecasting based on historical trends or patterns, an analysis of contemporary events, nor any of the previously listed arts when presented in an assembly of people who purchase tickets or meals in exchange for the presentation at a site licensed for entertainment land uses. - (b) "Person" includes any individual, partnership, corporation, association of persons or entity. (c) "Police Department" means the law enforcement agency ofthe city. 9.64.030 Prohibited Acts. No person shall conduct, engage in, carry on, participate in or practice the business of, or art of fortunetelling or cause the same to be done without having first obtained a permit from the Community Development Director and without having posted and maintained in full force and effect a surety bond as required in Section 9.64.100. 9.64.040 Exemption-Religious Practice. No person shall be required to pay any fee or obtain a permit for exercising any religious function or practice when such person holds a certificate of commission, accreditation or ordination as a minister, missionary, clergyman, or accredited representative (hereinafter collectively referred to as minister) from any bona fide church or religious association having a creed or set of religious principles that are recognized by all churches or religious associations of like faith. Any church or religious association which is organized for the primary purpose of conferring certificates of commission, accreditation, or ordination for a price and not primarily for the purpose of teaching and practicing of religious doctrine or belief, shall not be deemed to be a bona fide church or religious association. This exemption applies provided that: (a) The fees, emoluments and profits thereof shall be regularly accounted for and paid solely to or for the benefit of the bona fide church or religious association, as defined above; however; such bona fide church or religious association may pay its ministers a salary or compensation based upon a percentage basis, pursuant to a written agreement between the church and the minister. (b) The minister shall file with the Community Development Director a declaration of the minister's name, address, and telephone number in this city where the religious function or practice is to be conducted. 9.64.050 Permit Application. - Every person prior to conducting, engaging in, carrying on or practicing fortunetelling shall file a verified application for a permit with the Community Development Director. A nonrefundable processing fee in the sum of Two Hundred and Fifty Dollars ($250) shall accompany the application. The application shall be in a form prescribed by the Community Development Director and shall contain, at a minimum, the following: (a) The legal name of the applicant accompanied by appropriate proof of such legal name; (b) Any other name or names to be used as part of the business practice; (c) The applicant's home address and phone number and, if known, business address and phone number; (d) The record of conviction of violations of law, excluding minor traffic violations, of the applicant; (e) The fingerprints of the applicant on a form provided by the Police Department; (f) Two one and one-half by one and one-half inch photographs of the applicant; (g) The address, city and state, and approximate dates where and when the applicant practiced a similar business, either alone or in conjunction with others. - 9.64.060 Investigation. (a) Within three (3) working days of the filing of a complete application, the application shall be referred by the Community Development Director to the Police Department for investigation and report. The investigation shall be conducted to verify the facts contained in the application and any supporting data. The Police Department shall determine whether the applicant has ever been convicted of a crime other than a minor traffic violation. A written report of the Police Department's findings shall be filed with the Community Development Director within fourteen (14) calendar days after the application is referred to the Police Department. A copy thereof shall be served by mail or personally on the applicant. (b) For purposes of this section or any other provisions of this chapter, a conviction means a plea or verdict of guilty or a conviction following a plea of nolo contenders. The record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction. 9.64.70 Decision. The Community Development Director shall consider the application and Police Department Report not less than seven (7) nor more than fourteen (14) calendar days following receipt of the Police Department report described in Section 9.64.060. The decision of the Community Development Director to approve or deny the permit shall be in writing, and if adverse to the applicant, shall contain the findings of fact and a determination of the issues presented. The Community Development Director shall immediately notify the applicant of his action by personal service or certified mail. 9.64.080 Issuance of Permit. (a) The Community Development Director shall approve the issuance of the permit upon making all of the following findings: (1) All information contained in the application and supporting data is true and correct; - (2) The applicant has not within the previous two years been convicted of any violation of this chapter, or any law relating to fraud, theft, or moral turpitude; and (3) The applicant agreed to abide by and comply with all conditions of the permit and this chapter. (b) If the permit is denied, a notice of denial, stating the reasons there for, shall be served upon the applicant either by personal service or registered or certified mail, return receipt requested. (c) If the Community Development Director approves the permit, he shall thereafter issue the permit when: The fee required by Chapter 5.16 has been paid; (1) (2) The applicant has posted with the City Clerk a surety bond as set forth in Section 9.64.100. 9.64.090 Term of Permit and Posting. - The term of the permit shall be one (1) year. A renewal application shall be filed between ninety (90) and thirty (30) calendar days prior to the expiration of the permit and shall be processed in the same manner as a new application. The permit shall be posted inside the place of business and in clear view of any patron. 9.64.100 Bond Requirement. (a) Prior to the issuance of a permit, the applicant shall file and thereafter maintain with the city a good and sufficient surety bond in the aggregate sum of Ten Thousand Dollars ($10,000). Said bond shall be executed, as surety, by a corporate surety in good standing and authorized to do business in the state of California and, as principal, by the applicant and shall run in favor of, in the name of, or payable to any and all persons who may be injured or aggrieved by the wrongful act or acts of the applicant in his capacity as a fortuneteller. Any person so injured or aggrieved may bring suit on the bond in his own name. Said bond shall be in a form, approved by the City Attorney. The bond shall, by its terms, insure good faith and fair dealing on the part of the applicant and as a guarantee of indemnity for any and all loss, damage, theft or other unfair dealings suffered by any patron of the applicant within the city during the term of the permit. (b) The bond shall be continuous in form, remain in full force and effect, and run concurrently with the permit period of any and all renewals. The surety may cancel the bond and be relieved of further liability thereunder by delivering thirty days written notice to the city. Such cancellation shall not affect any liability incurred or accrued thereunder prior to the termination of the thirty-day period. If a bond is canceled, the permit shall be deemed suspended until such time as a new bond is provided. 9.64.110 Right to Record Session. As a term of the permit issued, permittee, its employees, agents and representatives shall grant and allow any patron the right and privilege to record, by any reasonable means, the audio and/or visual portion of a private or semi-private fortunetelling session or meeting. Any interference with or refusal to allow the patrons right to record said meeting shall be ground for revocation of the permit as set forth in Section 9.64.120. A sign shall be posted, with lettering no less than one-half (112) inch in height, notifying patrons of the right to record sessions. The sign shall be posted inside the place of business and in clear view of any patron. 9.64.120 Revocation. - (a) Any permit issued under the terms of this chapter may be revoked at any time by the Community Development Director, after a hearing, due notice of which shall be furnished the permittee, if he finds that the permittee breached any term or condition in this chapter or in the issued permit. Said hearing shall be held within twenty (20) calendar days after said notice is mail or served. After hearing all evidence and testimony the Community Development Director shall have the power to either revoke the permit or impose reasonable conditi()ns on the continued use under the permit which are necessary for the protection of the public's health, safety and welfare. The added conditions may include, among other things, increasing the bond requirement to a sum greater than ten thousand dollars. (b) Notice of the revocation of permit or added conditions, stating the reasons therefore, shall be served upon the permittee either by personal service or registered or certified mail, return receipt requested, within seventy-two (72) hours after completion of the hearing. 9.64.130 Appeal to City Council. A written appeal may be made to the City Council from any decision or determination of the Community Development Director made pursuant to Sections 9.64.080 and 9.64.120. The written appeal shall be filed with the City Clerk within fifteen (15) calendar days after notice of such decision is given pursuant to Section 9.64.120. - (a) Upon receipt of a written appeal from the applicant or permittee, the City Clerk shall schedule a hearing thereon before the City Council within thirty (30) days after said appeal is filed and shall give notice of the time and place of hearing to the applicant or permittee not less than ten (10) calendar days before such hearing either by personal service or registered or certified mail, return receipt requested. (b) At the time of the hearing, the City Council shall hear and consider all relevant evidence. At such hearing the applicant or permittee shall be given an opportunity to appear either personally or by representative and to be heard and to call witnesses on his or her behalf. The hearing may be continued from time to time as determined necessary by the City Councilor upon request of the applicant or permittee upon good cause being shown, in the discretion of the City Council, but in no event more than one (1) month after the appeal is first considered by the City Council. 9.64.140 Penalty. Every person who violates any of the terms or conditions of a permit issued pursuant to this chapter or any of the regulations or provisions within this chapter shall be guilty of a misdemeanor. Each and every day such violation or violations occur or continue shall be a separate offense. SECTION 3. Chapter 17.48 C-2 General Commercial District, of the Lake Elsinore Municipal Code is hereby amended by adding Fortunetelling as a permitted use listed in Section 17.48.020 Permitted Uses of the Lake Elsinore Municipal Code. INTRODUCED AND APPROVED UPON FIRST READING this 25th day of April 2000, upon the fOllOWiig vote: I I qOUNCILMEMBERS: ! 90UNCILMEMBERS: 90UNCILMEMBERS: ABSTAIN: qOUNCILMEMBERS: I ! AYES: NOES: ABSENT: KELLEY, METZE, PAPE, SCHIFFNER BRINLEY NONE NONE NONE ! PASSED, APPfOVED AND ADOPTED UPON SECOND READING this 9th day of ! May 2000, upon the fol~owing vote: AYES: OUNCILMEMBERS: NOES: OUNCILMEMBERS: ABSENT: qOUNCILMEMBERS: ABSTAIN: qOUNCILMEMBERS: - ATTEST: 1J / - KELLEY, METZE, PAPE, SCHIFFNER, PAPE NONE NONE NONE - I I i I, VICKI KASA9' CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the fore~Oing Ordinance was introduced and read by title only for adoption on the 25th day of April, 2000;1 approved upon second reading by title only on the 9th day of May, 2000, by the following ~Oll call vote: AYES: 10UNCILMEMBERS: I NOES: dOUNCILMEMBERS: ABSENT: ~OUNCILMEMBERS: ~STAIN: ~OUNCILMEMBERS: : "l~ I (2). \ -t:, ,. 0 Il ~ /i.Y~^-<' v' i VICKI KASAD, CITY 'cLERK CITY OF LAKE ELSI1'jJ"ORE STATE OF CALIFO IA ) COUNTY OF RIVERS DE ) SS: CITY OF LAKE ELS ORE) KELLEY, METZE, P APE, SCHIFFNER, BRINLEY NONE NONE NONE (SEAL) i STATE OF CALIFO~IA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSI ORE) I I I, VICKI KASA~, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CER TIF~ that the above and foregoing is a full, true and correct copy of Ordinance No. 1 06410f said Council, and that the same has not been amended or repealed. DATED: May 19, 200~ ~~r~ICLERK CITY OF LAKE ELS~ORE (SEAL) ORDINANCE NO. 1065 AN ORDINA~CE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CH PTER 12.14 TO TITLE 12 OF THE LAKE ELSINORE MUNICIPAL ODE, ESTABLISHING BASIC OPERATION OF TOWING SERVICE I THE CITY CpUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLL1WS: I SECTION 1: I That new Chapter 12.14 be, and the same is hereby, added to Title 12 of the Lake Elsinore Mynicipal Code to read as follows: - Sections: - 12.14.010 12.14.020 12.14.030 12.14.040 12.14.050 12.14.060 12.14.070 12.14.080 12.14.090 12.14.1 00 12.14.110 12.14.120 12.14.130 Chapter 12.14 ~urpose and intent efinitions ow truck operator franchise on-exclusive franchise election of Franchisees otation system onditions on Franchises ates ehicle Impound Cost Recovery Fee ranchise fees ranchise agreements dditional services to be provided. uthority to maintain City towing operations and towing yard I 12.14.010 Purposel and intent. It is the intent of this chapter and any subsequent amendments thereto to prescribe the asic regulations for the operation of the City of Lake Elsinore ("City") and Lake Elsinore Police D artment ("Police Department") towing service in emergency situations and in the removal of vehicl s that are abandoned, involved in an accident, or constitute an obstruction to traffic because of me hanical failure. It is the purpose of the City Council in enacting this chapter 12.14 to provide a fair and impartial means of distributing requests for towing services among qualified franchises, an to ensure that such service is prompt and reasonably priced, and in the best interests of the public a well as the interest of efficient policing operations for the removal of such vehicles from public st eets. , 12.14.020 Definiti~ns. For purposes ofthis chapter, the following terms, phrases, words, and derivations shall have t~e meaning given in this section: i "Chief' means ~e Chief of Police of the Police Department of the City of Lake Elsinore. I I i "City Manager"l means the City Manager of the City of Lake Elsinore. "Franchisee" m~ans a certain tow truck operator to which the City Council may, by the adoption of a resolutio~ or ordinance, grant a non-exclusive franchise for purposes of providing towing services to the <tity under and pursuant to the provisions of this chapter. I i "Police Depart1ent" means the Police Department of the City of Lake Elsinore. i "VICR Fees" m$ans the Vehicle Impound Cost Recovery Fee which is equal to one hour of police officer time at t e current intermediate deputy rate in effect at the time of the release of the impounded vehicle. his rate is annually reviewed, updated and approved by the Board of Supervisors for the Co ty of Riverside. - 12.14.030 Tow trurk operator franchise. The City Council may at its discretion, by the adoption of a resolutio or ordinance, grant a non-exclusive franchise to a tow truck operator ("Franchisee") to provi e towing services to the City under and pursuant to the provisions of this chapter. ; I I 12.14.040 Non-exc~usive franchise. A. All franc~ses granted to Franchisees pursuant to this chapter shall be non-exclusive and shall be for a term to be specified by the City Council in the resolution granting a franchise hereunder and in the fr chise agreement between the City and the Franchisee. B. No prov'sions of this chapter shall be deemed to require restricting the number of franchises to one or particular number, and no provision of this chapter shall be deemed to require the City Counci to grant any franchise if the City Council determines that the grant of any such franchise is not in the best interest of the City and the public. - , C. All Frankhisees shall be subject to the terms and conditions specified in this chapter, as well any terms or corditions specified in the resolution granting the franchise and the franchise agreement. I i D. In gran~'ng any tow truck operator franchise, the City Council may prescribe such other terms and conditi ns, not in conflict with this chapter, as are determined by the City Council to be in the best intere t of the City and the public. ! 12.14.050 Selecti n offranchisees. Prior to the City granting a franchise for tow truck services, the City Manager shall cause a notice of request for qualifications to be published in a newspaper of general circulation The City Manager or designee shall evaluate the qualifications of the respondents and sub . t to the City Council for consideration the qualifications of the tow truck operator(s) that helsh deems most qualified together with a franchise agreement as provided in section 12.14.110 oft is chapter. I I 12.14.060 Rotatitn system. A. The to~ truck operators who obtain a franchise pursuant to this chapter shall provide towing service to the ity pursuant to the rotation system established by the Chief. B. Nothin shall prohibit a Class B, Class C, or Class D operator from maintaining a place on a lighter class rotation list. Regardless of the class of tow truck, charges shall not be more than the class of vehic e towed or serviced, except when recovery operations required a larger class of truck. I 12.14.070 Condi~ons on franchises. Any tow truck operator that obtains a franchise pursuant to this chapter shall: I I 1. ! Comply with the City's zoning requirements. , I , I I 2. I Have an office and storage facility in the same location within the City's boundaries, with a Sit posted including the company name, address, phone number and hours of operation, to be clearl visible from the roadway. Unless otherwise authorized by the Chief, such storage facilities shal contain a minimum of 25 automobile storage spaces. I 3. ~i Maintain a sign listing the rates and charges of all towing and storage services offered. Such sign sh I be conspicuously posted in the office or other location clearly visible where customer financial tr sactions take place. I i 4. I Furnish each owner of an automobile impounded by the tow truck operator with a fully itemized ~i11ing. I I 2 - 5. ~aintain minimum. operating hours for storage facilities of Monday through Friday, 8:00 a.m. to 5:0? p.m., except holIdays. , 6. ~es~ond to Police D~partment calls 24 hours a day, seven days a week, within the response time as estrblIshed by the ChIef. 7. ~l gree to protect, indemnify, defend and hold harmless the City and the Police Department from all cl ims, demands or liability arising out of or ~ncountered in .connectio~ with its agreement with the I ity or the performance of work in preparation for the towmg ope.ratIOn, or claims demands and liaibility occurring during the towing and subsequent storage and mamtenance activities whether such tlaims, demands or liability are caused by the tow service or its employees or agents. ' I 8. ~onduct its business in an orderly, ethical: busine~slike m~er, and use reasonable means to oltain and keep the confidence of the motonng publIc. FranchIsee shall be responsible for the acts of its employees and agents while on duty and for damage to towed vehicles while in its possession I I I 9. t:omply with all applicable federal, state and local regulations for providing towing service and be al currently approved operator for the California Highway Patrol rotational tow list. 12.14.080 Rates. - A. FranchI6ee shall not charge rates in excess of 115 percent of the schedule of rates for towing established by ~he California Highway Patrol for the Riverside County area. B. Storage! fees shall be charged by calender day except that vehicles stored eight hours I or less shall be charge~ no more than one day storage. 12.14.090 Vehicl, Impound Cost Recovery Fee. I i A. The Ve . cle Impound Cost Recovery Fee ("VI CR Fee") is equal to one hour of police officer time at the c rrent intermediate deputy rate in effect at the time of the release of the impounded vehicle. This rate is annually reviewed, updated and approved by the Board of Supervisors for the C unty of Riverside. B. The Fr chisee shall collect the VICR Fee prior to releasing a vehicle unless such fee has already been paid irectly to the Police Department or has been waived. C. The Po ice Department may waive the VICR Fee due to extenuating circumstances. It is not the intention of the City nor the Police Department to penalize victims. Circumstances under which the VICR Fee may be waived include the impounding of recovered stolen or embezzled vehicle, and vehicles' mpounded due to driver injury or incapacitation. 12.14.100 Franc ise fees. Any tow truck operator granted a franchise pursuant to the provisions of this cha ter shall pay to the City franchise charges and fees as may be determined by separate resolution 0 the City Council. Such fee shall not exceed the City's annual cost of administration and e rcement ofthis Chapter and, in no event, shall such annual fee exceed $500 per franchise. . ! 12.14.110 Franctse agreements. All franchises granted by the City Council pursuant to this chapter shall be me~-orialized in a written agreement between the franchisee and the City and approved by resolutior of the City Council. 12.14.120 Addit onal services to be provided. Franchisee shall provide to the City, at no charge, the services n eded to facilitate the City's Vehicle Abatement Program. Additionally, the Franchisee will provi e emergency response to aid and service City and Police Department vehicles that are one ton or Ie s, within a reasonable radius no greater than one (1) mile beyond the City's boundaries, at no cos~ to the City or Police Department. 3 12.14.130 Authority to maintain City towing operations and towing yard. Nothing in this chapter shall be construed as restricting or prohibiting the City from conducting its own towing operations or maintaining its own towing yard, either in lieu of, or in addition to, any franchise awarded pursuant to this chapter. SECTION 2: SEVERABILITY If any provision, clause, sentence or paragraph of this ordinance or the application thereof __ to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3: NOTICE OF ADOPTION The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. SECTION 4: EFFECTIVE DATE This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, UPON FIRST READING this 12tkday of December, 2000, by the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE - ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this 9th day of January, 2001, by the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRINLEY ABSTAIN: COUNCILMEMBERS: qj}A)~ I A1ST Z_-LlO~ XJ Vicki Kasad, City Clerk 4 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 December, 2000; approved upon second reading by title only on the 9th day of January, 2001, by the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, METZE, P APE, SCHIFFNER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRINLEY ABSTAIN: COUNCILMEMBERS: ~%J 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. 1065 of said Council, and that the same has not been amended or repealed. ~rED: January 31, 2001 CZ)~ CV I VICKI KAS~ CLERK CITY OF LAKE ELSINORE .- (SEAL) ORDINANCE NO. 1066 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 00-02 TO CHANGE THE ZONING DESIGNATION OF APN 389-022-001, FROM M-l (LIMITED MANUFACTURING DISTRICT) TO "LAKE ELSINORE OUTLET CENTER SPECIFIC PLAN" - THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, an application has been filed with the City of Lake Elsinore by Castle and Cooke California, Inc. to change the Zoning classification for property described as APN 389- 022-001 from M-l (Limited Manufacturing District) to "Lake Elsinore Outlet Center Specific Plan"; and WHEREAS, Castle and Cooke California, Inc. has submitted additional applications for Lake Elsinore Outlet Center Specific Plan Amendment No.3 and Minor Design Review No. 00- 02. The 43-acre Lake Elsinore Outlet Center Specific Plan area is located southwest of the 1-15 Freeway, just south of Nichols Road. Collier Avenue runs along the southwestern boundary of the Outlet Center. The proposed Specific Plan Amendment will annex another 3.5 acres into the Specific Plan area. With project implementation, the Lake Elsinore Outlet Center will total 46.5 acres; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on July 5, 2000 made its report upon the desirability and made its recommendations in favor of said change of zone by adopting Planning Commission Resolution No. 00-27 recommending to the City Council approval of Zone Change No. 00-02; 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 August 22, 2000. SECTION 1. The City Council has considered the proposed Zone Change No. 00-02, prior to approving such proposal. The City Council finds and determines that Negative Declaration No. 00-02 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of Zone Change No. 00-02, based upon the following findings and determinations: 1. The City Council finds that Negative Declaration No. 00-02 has been prepared, submitted and reviewed in accordance with requirements presented in Section 15074 of the California Environmental Quality Act and the City's CEQA requirements, and is complete and adequate in its evaluation of all environmental effects of Zone Change No. 00-02. Zone Change No. 00-02 will not result in any significant and/or unavoidable impacts. 2. The City Council finds that Zone Change No. 00-02 will not have impacts that are individually limited but cumulatively considerable. Given that project impacts are insignificant, cumulative impacts are not foreseen. 3. The City Council finds that Zone Change No. 00-02 does not have the potential to adversely affect humans, either directly or indirectly. 4. Negative Declaration No. 00-02 and the records of the proceedings upon which this decision is based, are and will be on file with the City of Lake Elsinore, 130 South Main Street, Lake Elsinore, California 92530. SECTION 2: The Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the property described as Assessor's Parcel Number: 389-022-001 from M -1 (Limited Manufacturing District) to "Lake Elsinore Outlet Center Specific Plan", as illustrated in attached Exhibit "A", and that said real property shall hereafter be subject to the provisions and regulations of the Lake Elsinore Outlet Center Specific Plan. NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE CITY COUNCIL FOR THE CITY OF LAKE ELSINORE THAT: ORDINANCE NO. 1066 PAGE 2 SECTION 3. Upon the recommendation of the Planning Commission and based upon the Findings adopted herein with regard to the approval of Zone Change No. 00-02, the City Council hereby approves and adopts Lake Elsinore Outlet Center Specific Plan Amendment No. 3. In this regard the City Council makes the following Findings based upon substantial evidence contained in the record of these proceedings: -- 1. Zone Change No. 00-02 will not be: a) detrimental to the health, safety, comfort or general welfare of persons residing or working within the neighborhood of the proposed Zone Change area or within the City, or b) injurious to property or improvements in the neighborhood or within the City. 2. Zone Change No. 00-02 will be consistent with the Goals, Objectives, and Policies of the General Plan and standards established in the Municipal Code. 3. Zone Change No. 00-02 will not have a significant effect on the environment. SECTION 4: This Ordinance shall take effect thirty (30) days after the date of its 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. PASSED, UPON FIRST READING this 22nd day of August, 2000, by the following vote: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, UPON SECOND READING this Ith day of September, 2000, by the following vote: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: ATTEST: - ~lu Vicki Kasad, City 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 22nd day of August, 2000; approved upon second reading by title only on the 12th day of September, 2000, by the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, METZE, P APE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE - VJA tu VICKI KASAD, CITY CLERK 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 above and foregoing is a full, true and correct copy of Ordinance No. 1066 of said Council, and that the same has not been amended or repealed. DJ~~iJ2000 VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 1067 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT NO.3 TO THE LAKE ELSINORE OUTLET CENTER SPECIFIC PLAN, TO EXPAND THE OVERALL SPECIFIC PLAN AREA BY 3.5 ACRES TO PROVIDE ADDITIONAL PARKING AND AMEND THE SIGNAGE GUIDELINES AND STANDARDS CONTAINED IN THE SPECIFIC PLAN - THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, an application has been filed with the City of Lake Elsinore by Castle and Cooke California, Inc. for Lake Elsinore Outlet Center Specific Plan Amendment No.3 (SPANo. 3); and WHEREAS, Castle and Cooke California, Inc. has submitted additional applications for Zone Change No. 00-02 and Minor Design Review No. 00-02. The 43-acre Lake Elsinore Outlet Center Specific Plan area is located southwest of the 1-15 Freeway, just south of Nichols Road. Collier Avenue runs along the southwestern boundary of the Outlet Center. The proposed Specific Plan Amendment will annex another 3.5 acres into the Specific Plan area. With project implementation, the Lake Elsinore Outlet Center will total 46.5 acres; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on July 5, 2000 made its report upon the desirability and made its recommendations in favor of Specific Plan Amendment No. 3 by adopting Planning Commission Resolution No. 00-28 recommending to the City Council approval of Specific Plan Amendment No.3; and WHEREAS, the City Council held a duly noticed public hearing on August 22, 2000, for the purposes of considering Specific Plan 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 August 22, 2000; WHEREAS, the conditions recommended by the Planning Commission will be incorporated into Specific Plan Amendment No.3 to ensure that the issues identified by the Planning Commission have been resolved. SECTION 1. The City Council has considered proposed Specific Plan Amendment No. 3, prior to approving such proposal. The City Council finds and determines that Negative Declaration No. 00-02 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of Specific Plan Amendment No.3, based upon the following findings and deternlinations: 1. The City Council finds that Negative Declaration No. 00-02 has been prepared, submitted and reviewed in accordance with requirements presented in Section 15074 of the California Environmental Quality Act and the City's CEQA requirements, and is complete and adequate in its evaluation of all environmental effects of the Lake Elsinore Outlet Center Specific Plan Amendment No.3. Lake Elsinore Specific Plan Amendment No.3 will not result in any significant and/or unavoidable impacts. 2. The City Council finds that Specific Plan Amendment No. 3 will not have impacts that are individually limited but cumulatively considerable. Given that project impacts are insignificant, cumulative impacts are not foreseen. 3. The City Council finds that Specific Plan Amendment No.3 does not have the potential to adversely affect humans, either directly or indirectly. 4. Negative Declaration No. 00-02 and the records of the proceedings upon which this decision is based, are and will be on file with the City of Lake Elsinore, 130 South Main Street, Lake Elsinore, California 92530. NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE CITY COUNCIL FOR THE CITY OF LAKE ELSINORE THAT: ORDINANCE NO.l.Q67 PAGE 2 SECTION 2. Upon the recommendation of the Planning Commission and based upon the Findings adopted herein with regard to the approval of Specific Plan Amendment No.3, the City Council hereby approves and adopts Lake Elsinore Outlet Center Specific Plan Amendment No.3. In this regard the City Council makes the following Findings based upon substantial evidence contained in the record of these proceedings: -- 1. Specific Plan Amendment No. 3 meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et seq. of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. 2. Specific Plan Amendment No. 3 shall be implemented consistently with the Goals, Policies and Objectives of the General Plan; and with any other applicable plans or policies adopted by the City. 3. Those issues, standards, guidelines, etc. not addressed in Specific Plan Amendment No. 3 will revert to the 1990 Lake Elsinore Outlet Center Specific Plan, 1993 Specific Plan Amendment No.1, 1994 Specific Plan Amendment No.2, and/or City Municipal Code in effect at the time future development is proposed. 4. Development standards and regulations contained in Specific Plan Amendment No. 3 supersede applicable City ordinances and codes, unless specifically stated to the contrary. Approval of Specific Plan Amendment No.3 shall not be interpreted as waiving compliance with other Federal or State laws or City Codes. 5. Location of Specific Plan Amendment No.3 allows future development to be well-integrated with its surroundings. 6. Specific Plan Amendment NO.3 will be adequately serviced by existing and/or future public facilities and services. 7. Overall design of Specific Plan Amendment No.3 will produce attractive, efficient and stable development. 8. Specific Plan Amendment No.3 will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near the project area or within the City, nor will it be injurious to property or improvements in the project area or within the City. SECTION 3: This Ordinance shall take effect thirty (30) days after the date of its 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. PASSED, UPON FIRST READING this 22nd day of August, 2000, by the following vote: NOES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NONE AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE NONE ABSTENTIONS: COUNCILMEMBERS: PASSED, UPON SECOND READING this 12th day of September, 2000, by the following vote: NOES: COUNCILMEMBERS: KELLEY,~~~JK~, PAPE, SCHIFFNER, BRINLEY NONE AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: METZE ABSTENTIONS: COUNCILMEMBERS: NONE ORDINANCE NO. 1.0.67 PAGE 3 -- ATTEST: 7l~ r-,,\_~ I ~:cl-L!~J;~ Vickl~d, City Clerk LEGALITY: (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 22nd day of August, 2000; approved upon second reading by title only on the 12th day of September, 2000, by the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE ABSTAIN: COUNCILMEMBERS: ( 'kJ' Qi--- - ~~ AD, CITY CLERK CIty OFLAKE 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. 1067 of said Council, and that the same has not been amended or repealed. DA ED: September 22,2000 r'k " \ i '< ' , ,0 .; -AD1iy CLERK CITy or LAKE ELSINORE (SEAL) ORDINANCE NO. 1068 -- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING EXISTING CHAPTER 17.94.090 AND 17.94.150 OF THE LAKE ELSINORE MUNICIPAL CODE IN ITS ENTIRETY AND ADDING A NEW CHAPTER AS FOLLOWS: WHEREAS, the City of Lake Elsinore has heretofore established Section 17.94 "Signs _ Advertising Structures" with certain regulations affecting the placement of all signs within the City as set forth in the Municipal Code; WHEREAS, said Section 17.94 contains certain subsections, 17.94.090 and 17.94.150 which established regulations with respect to the placement of temporary signs and the placement of inflatable advertising devises; WHEREAS, the Planning Commission of the City of Lake Elsinore has adopted Resolution No. 2000-30 a resolution of intent to initiate proceedings to amend Section 17.94 containing certain subsections, 17.94.090 and 17.94.150 which established regulations with respect to the placement oftemporary signs and the placement of inflatable advertising devises on July 19, 2000; WHEREAS, the Planning Commission of the City of Lake Elsinore has adopted Resolution No. 2000-32 a resolution recommending to the City Council amendment of Section 17.94 containing certain subsections, 17.94.090 and 17.94.150 which established regulations with respect to the placement of temporary signs and the placement of inflatable advertising devises on August 2, 2000; WHEREAS, public notice of said proposed amendment 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 August 22, 2000. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council has considered the proposed Zoning Code Amendment No. 00-01, prior to making a decision to approve the proposed amendment to the Sign Ordinance. The City Council finds and determines that this proposed amendment to the Zoning Code is consistent with the City's Adopted General Plan. Consequently, any environmental impacts associated with this proposal are adequately addressed by the Environmental Impact Report (EIR) prepared for the 1990 General Plan, certified November 27, 1990. SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Zoning Code Amendment No. 00-01 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 a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the City, or b) injurious to property or improvements in 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. SECTION 3. Chapter 17.94.090 and 17.94.150 of the Lake Elsinore Municipal Code ORDINANCE NO. 1068 PAGE 2 of5 is hereby repealed in its entirety and replaced with the following: J=-- Section 17.94.090 - Prohibited Signs. All signs not specifically permitted by other provisions of this chapter shall be prohibited. The following signs shall not be permitted unless specifically allowed by a Specific Plan, Overlay District or other Section of this Code: A. Portable signs, such as freestanding or wheeled signs higher than 42" in height, and metallic balloons; B. Vehicles containing advertising parked on public or private property for the primary purpose of advertising or directing attention to a permanent business; C. Signs which incorporate in any manner any flashing, moving, or intermittent lighting; D. Rotating or animated signs, or signs which contain any moving parts; E. No signs, lights or other advertising structure shall be located in such a manner as to constitute a hazard to pedestrian or vehicular traffic, or in such a manner as to obstruct free and clear vision at any location where, by reason of the position, shape, color or movement may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device. Nor shall such sign advertising structure make use of any word, phrase, symbol or character in such a manner as to interfere with, mislead or confuse traffic; F. Spinners or similar advertising devices; G. Signs which exceed the roofline or parapet to which such signs are attached; H. Any off-site advertising, including billboards, except as otherwise provided in this chapter. This prohibition shall specifically not apply to non-commercial signs, including political signs. 17.94.150 - Temporary Signs. Temporary signs such as pennants, banners, flags, non-metallic inflatable devices "balloons", and movable signs shall be permitted for promotional purposes subject to the following regulations: A. All temporary signs shall require a permit and shall be subject to the review and approval of the Planning Division; B. Pennants, banners, flags, non-metallic inflatable (small or large) devices "balloons", and movable signs shall be displayed only at the location where the promotion occurs; C. The maximum number of temporary signs permitted per occurrence period shall be two (2) sign types; D. The display of temporary signs for promotional purposes shall be subject to the following additional regulations: 1. Pennants and Flags (defined as small strips of cloth or plastic fabric triangularly or rectangularly shaped and a rectangular piece of fabric on poles used as advertising devices): a. Pennants and/or flags on strings and flags on poles shall be allowed for a maximum of thirty (30) consecutive days per occurrence period, six (6) times per calendar year. No more than two (2) occurrence periods shall be combined at anyone time. Each occurrence period shall be separated by at least fourteen (14) consecutive days ifnot combined; b. Flags on poles shall be limited to 10 flags per occurrence period. Each flag shall not ORDINANCE NO. 1068 PAGE 3 of5 exceed fifteen (15) square feet in area; c. The height of pennants and/or flags on strings and flags on poles shall not exceed twenty (20') feet above grade; d. Pennants and/or flags shall be kept in good condition at all times. 2. Banners (defmed as a large strips of cloth or plastic fabric used as an advertising device): a. Banners shall be allowed a maximum of thirty (30) consecutive days per occurrence period, four (4) times per calendar year. Each occurrence period shall be separated by at least thirty (30) consecutive days; b. Only one (1) banner shall be permitted per building and/or tenant space; c. Banner sign area shall not exceed fifty (50) square feet; d. Banners shall be attached to the building or canopy parallel to the building face. No portion of any banner shall project more than six inches (6") from the face of the building or canopy to which it is attached; e. Banner shall be kept in good condition at all times. 3. Small inflatable non-metallic devices "balloons": a. Balloons twelve (12") inches or less in diameter may be allowed without a temporary sign permit on Fridays, Saturdays, and Sundays and on legal holidays if the holiday is on a Thursday or Monday; b. The height of the balloons shall not exceed forty-five (45') feet above grade. 4. Large inflatable non-metallic devices "balloons": a. Balloons greater than twelve (12") inches in diameter such as inflatable statuary, or a hot air balloon may be allowed with a temporary permit a maximum of thirty (30) (consecutive days per occurrence period, four (4) times per calendar year. Each occurrence period shall be separated by thirty (30) consecutive days and must be included as part of a permitted promotional period; b. The height ofthe balloons shall not exceed fifty-five (55') feet above grade; c. Balloon shall be allowed only on private property; d. Balloon shall be placed so as not to impede pedestrian and vehicular traffic; e. Balloon shall be properly secured to the ground or a structure to withstand extreme wind conditions; f. Balloon shall be kept in good condition at all times; g. Only one balloon shall be permitted per building or tenant space. E. Movable signs defmed as sandwich boards, made of wood, plastic, or metal which may contain commercial information may be allowed with a sign permit reviewed and approved by the Planning Division on a yearly basis subject to the following additional regulations: 1. Only one (1) movable sign shall be permitted per tenant space; ORDINANCE NO. 1068 PAGE 4 of5 2. Sign area shall not exceed thirty inches (30") wide and forty-two inches (42") high and have no more than two (2) faces; 3. Sign must be placed so as not to impede pedestrian and vehicular traffic; 4. Sign shall be allowed only on private property; 5. Sign shall be displayed only during operating business hours; 6. Sign shall be kept in good condition at all times. F. Temporary Window Signs may be allowed without a temporary sign permit subject to the following regulations: 1. Sign area shall not exceed 25% of the window area; 2. Holiday window decorations shall be permitted. The duration for the decoration of the window shall be limited to a period not exceeding six (6) weeks prior to the holiday and two (2) weeks following the holiday. INTRODUCED AND APPROVED UPON FIRST READING this 22nd day of August 2000, upon the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 12th day of September 2000, upon the following roll call vote: AYES: COUNCILMEMBERS: KELLEY,~, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE / NONE ~ Pam Brinley, Ma~ r City of Lake Elsi ore ATffEST: Of..... .'L-- - xJ . . . - O~~ c~ A Vicki Lynne Kasad, City Clerk City of Lake Elsinore (SEAL ) ORDINANCE NO. 1068 PAGE 5 of5 - 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 22nd day of August, 2000; approved upon second reading by title only on the 12th day of September, 2000, by the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, P APE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE ABSTAIN: COUNCILMEMBERS: ( () \ .'\ ) / ~JJc. /\ \k'. / J" (./ IJ ~. .U:.b{j" 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. 1068 of said Council, and that the same has not been amended or repealed. D~TrD: September 22, 2000 f)r ,\, f)//~ ..l ) t. &: . ~cr<t~~AD, CITY LERK CiTY OF LAKE ELSINORE - (SEAL) ORDINANCE NO. 1069 ".. I I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING SPECIFIC PLAN NO. 85-1, AMENDMENT NO. 1 TO AMEND THE LAND USE DESIGNATION OF PARCEL WITHIN APPROVED SUMMERHILL SPECIFIC PLAN SPECIFICALLY DESCRIBED AS APN 363-100-089, 363-100- 090, 363-100-087 AND 363-100-034 FROM COMMERCIAL SPECIFIC PLAN TO GENERAL COMMERCIAL AND CHANGE AND ESTABLISH A LAND USE AND ZONING DESIGNATION OF APN 363-100-084 AND 363-100-056 FROM MULTIFAMILY-COMMERCIAL SPECIFIC PLAN TO "C-lISP" (NEIGHBORHOOD COMMERCIAL SPECIFIC PLAN). WHEREAS, the City of Lake Elsinore has initiated proceedings to amend the Land Use Designation of APN 363-100-089, 363-100-090, 363-100-087, and 363-100-034 from Commercial Specific Plan to General Commercial (GC) and Change the Land Use Designation of APN 363-100-084 and 363-100-056 from Multi-family/Commercial Specific Plan to "C-lISP" Neighborhood Commercial Specific Plan (approximately 32 acres); and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on October 4, 2000 made its report upon the desirability of the proposed project and made its recommendations in favor of said Amendment No. 1 to SP No. 85-1 by adopting Planning Commission Resolution No. 2000-16 recommending to the City Council approval of Specific Plan No. 85-1, Amendment No.1; 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 October 24, 2000; 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. 85-1, Amendment No.1, 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. 00-1 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: ZONING RECLASSIFICATION This Zoning Designation of the Specific Plan of the is hereby amended by changing, reclassifying and rezoning the following described property, to wit: - Assessor's Parcel Numbers: 363-100-084 AND 363-100-056 FROM MULTIFAMILY-COMMERCIAL SPECIFIC PLAN TO "C-lISP" (NEIGHBORHOOD COMMERCIAL SPECIFIC PLAN). Approval is based on the following: 1. The proposed Zoning is consistent with the Goals, Policies, and Objectives in the Genert 2. The proposed Zoning is consistent with the General Plan and the various land uses by the Ordinance are compatible with the objectives, policies, general land uses, ar specified in the Plan. (Government Code Section 65860). 3. The proposed Zoning will establish the necessary pre-zoning for the site. ORDINANCE NO. 1069 PAGE NO.2 4. 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 24th day of October, 2000, upon the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, METZE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: PAPE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 14th day of November, 2000, upon the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, METZE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: PAPE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBE ~,: V. k" ~tJ IC I Kasad, City Clerk APPROVED AS TO a (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 24th day of October, 2000; approved upon second reading by title only on the 14th day of November, 2000, by the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, METZE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: PAPE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~~)~ VICKI KASAD, CITY CLERK 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 above and foregoing is a full, true and correct copy of Ordinance No. 1069 of said Council, and that the same has not been amended or repealed. DATED: November 16,2000 ,..... <3~U VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 1070 ,- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 00-01 CHANGING THE ZONING DESINGNATION OF PARCELS SPECIFICALLY DESCRIBED AS APN 363-100-089, 363-100-090, 363-100-087 AND 363-100-034 FROM COMMERCIAL SPECIFIC PLAN TO C-2 (GENERAL COMMERCIAL). THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, the City of Lake Elsinore has initiated proceedings to change the Zoning Designation of APN 363-100-089, 363-100-090, 363-100-087, and 363-100-034 from Commercial Specific Plan to General Commercial (C-2); and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on October 4, 2000 made its report upon the desirability and made its recommendations in favor of said change of zone by adopting Planning Commission Resolution No. 2000-19 recommending to the City Council approval of Zone Change No. 00-01; 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 October 24, 2000; - SECTION 1. The City Council has considered the proposed Zone Change No. 00-01, prior to approving such proposal. The City Council finds and determines that Mitigated Negative Declaration No. 00-1 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 Zone Change No. 00-01 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. 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: 363-100-089, 363-100-090, 363-100- 087, and 363-100-034 from Commercial Specific Plan to General Commercial (C-2); and 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). ORDINANCE NO. 1070 PAGE TWO 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 THREE: 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 24th day of October, 2000, upon the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 14th day of November, 2000, upon the following roll call vote: - AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE ATTEST: ~- , (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 24th day of October, 2000; approved upon second reading by title only on the 14th day of November, 2000, by the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE - ~v:k~ VICKI KASAD, CITY CLERK 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 above and foregoing is a full, true and correct copy of Ordinance No. 1070 of said Council, and that the same has not been amended or repealed. - DATED: November 16,2000 ~~~YCLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 1071 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING CHAPTER 9.52 OF THE MUNICIPAL CODE PERTAINING TO GRAFFITI AND ESTABLISHING REQUIREMENTS RELATING TO THE STORAGE AND USE OF AEROSOL PAINT CONTAINERS, DYE CONTAINERS, MARKERS, AND TOOLS OR INSTRUMENTS CAPABLE OF INSCRIBING OR ETCHING GLASS, METAL, CONCRETE OR WOOD THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: WHEREAS, the proliferation of graffiti in this City, the surrounding communities and throughout the County of Riverside is a great burden on the resources of this and other communities in terms of the costs of clean-up materials and labor to remove evidence of graffiti from public rights-of-way, public vehicle traffic control signage as well as private property; and WHEREAS, the blight caused by graffiti may also create adverse economic impacts by lowering property values, discouraging property development and investment, and reducing sales and property tax revenues; and - WHEREAS, it is imperative that reasonable steps be taken to restrict the ease with which unsupervised juveniles may acquire aerosol paint containers, dye containers, markers with tips larger than a ~ inch in width and tools or instruments capable of scarring glass, metal, concrete or wood; and WHEREAS, it is believed that the storage of aerosol paint containers, dye containers, markers and instruments capable of scarring glass, metal, concrete or wood in a locked or secured area of the business offering them for sale, accessible only by employees of such businesses, may result in a reduction of the incidence of graffiti vandalism; and WHEREAS, the possession by unsupervised minors of aerosol paint containers, and the other graffiti implements addressed in this ordinance, directly contributes to the presence of graffiti which so degrades this City and the greater community; WHEREAS, the prompt removal of graffiti from structures and property can reduce the adverse impacts graffiti has on the community. NOW, THEREFORE, The City Council of the City of Lake Elsinore, California, does hereby ordain as follows: - SECTION 1. Title 9 of the Lake Elsinore Municipal Code is amended by amending Chapter 9.52 to read as follows: Chapter 9.52 GRAFFITI Sections: 9.52.010 9.52.020 9.52.030 Purpose. Definitions. Sale of aerosol paint containers, dye containers, certain marking pens and other graffiti implements. 9.52.050 9.52.060 9.52.070 9.52.080 9.52.090 9.52.100 Display of aerosol paint containers, dye containers, marking pens and other graffiti implements. Possession prohibited. Unlawful activities and duties of removal. Removal of graffiti by property owner. Removal of graffiti by City. Public nuisance. Rewards. 9.52.040 - 9.52.010 Purpose. The purpose of this chapter is to provide a program for removal of graffiti from walls and structures on both public and private property and to provide regulations designed to prevent and control the further spread of graffiti in the City. The increase of graffiti on both public and private buildings, structures and places is creating a condition of blight within the City, which results in a deterioration of property and business values for adjacent and surrounding properties, all to the detriment of the City. The City Council finds and determines that graffiti is obnoxious and a public nuisance which must be abated so as to avoid the detrimental impact of such graffiti on the city, and to prevent the further spread of graffiti. 9.52.020 Definitions. As used in this chapter, the following terms shall have the meanings set forth herein: A. Aerosol paint container. Any container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other similar substances capable of defacing property. B. Marker or marking pen. Any indelible marker or similar implement containing ink with a tip which, at its broadest width, is one-quarter inch or greater. c. Graffiti. Any inscription, word, figure, or design that is marked, etched, scratched, drawn, or painted on any surface, without the express permission of the owner or owner's representative of such surface, regardless of the nature of the material of which the surface is composed. - D. Graffiti implement. Any item capable of marking a surface to create graffiti including, but not limited to, aerosol paint containers, dye containers, paint sticks, felt-tip markers or marking pens, marking instruments, drill bits, grinding stones, scribers, glass cutters or etching tools or other instruments capable of scarring glass, metal, concrete or wood. E. Owner's Representative. Any person or entity expressly authorized by the owner of any property to permit another person to place inscriptions, words, figures or designs upon such property, or any person or entity in lawful possession of any property, whose right of possession includes the authority to permit or allow inscriptions, words, figures or designs to be placed upon such property. F. Paint stick. A device containing a solid form of paint, wax, epoxy or other similar substance capable of being applied to a surface by pressure. G. Spray actuator. A spray tip, spray nozzle, spray button or any other object which is capable of being attached to an aerosol paint container for the purpose of spraying the substance contained therein. 9.52.030 Sale of aerosol paint containers, dye containers, certain marking pens and other graffiti implements. It shall be unlawful for any person to sell, exchange, give, or loan, or cause or permit to be sold, exchanged, given, or loaned, any pressurized can or other container commonly known as an aerosol paint container, dye container, any marker and other graffiti implements to anyone under the age of eighteen (18) years, unless such juvenile is in the presence of his or her parent or guardian, or as part of a school district art or similar class assignment. It shall be unlawful for anyone under the age of eighteen (18) years to purchase or otherwise obtain any aerosol paint container, dye container, any marker and other graffiti implements unless such minor is in the presence of his or her parent or guardian. 9.52.040 Display of aerosol paint cans, dye containers, marking pens and other graffiti implements. A. Any business or establishment offering for sale to the public any paint or dye packaged in aerosol paint containers, dye containers, markers and other graffiti implements shall keep, store and maintain such aerosol paint containers, dye containers, markers and other graffiti implements in a place that is locked and secured, or otherwise inaccessible to the public. -- I B. Any business or establishment offering for sale to the public any aerosol paint containers, dye containers, markers or any other graffiti implements shall post and maintain a sign which contains the provisions of Lake Elsinore Municipal Code Section 9.52.030 in letters at least ~ inch in height. Such a sign shall be plainly visible to customers who may seek to purchase aerosol paint containers, dye containers, markers and other graffiti implements. 9.52.050 Possession prohibited. It shall be unlawful for any person to possess any graffiti implement or spray actuator, as defmed in Section 9.52.020, for the purpose of defacing, marking or damaging any public or private property, without the express consent of the owner of such property or the owner's representative. Furthermore, no person under eighteen (18) years of age may have in their possession any aerosol paint container, dye container, markers, spray actuator or any other graffiti implement on any public highway, street, alley, or way, or in any automobile, vehicle or other conveyance, or while in any public park, playground or other public facility. This section shall not apply to minors that are transporting or using any aerosol paint container, dye container, markers, spray actuator or graffiti implements for lawful purposes while under the supervision of the minor's parent, guardian, instructor or employer. - 9.52.060 Unlawful activities and duties of removal. In addition to the crime defined by Penal Code Section 594, it shall also be unlawful for any person who applied graffiti not to remove the same within twenty-four hours of its application. It shall be a separate violation for each and every day that the graffiti remains unremoved. Persons applying graffiti shall be responsible for the costs of removal of such graffiti pursuant to Section 9.52.070 and/or Section 9.52.080. Parents shall be responsible for the removal of graffiti and/or for the costs of removal when the graffiti has been applied by his and/or her minor child.- 9.52.070 Removal of graffiti by property owner. The owner of private property upon which graffiti or inscribed material has been placed shall remove the graffiti or inscribed material within five calendar days. 9.52.080 Removal of graffiti by City. Whenever the City Manager or his/her designated representative determines that graffiti is so located on public or privately owned structures or public or privately owned real property within this City so as to be capable of being viewed by persons utilizing any public right-of-way in this City, the City Manager, or his/her designated representative, is authorized to provide for the removal of the graffiti upon the following conditions: A. In removing the graffiti, the painting or repair of a more extensive area shall not be authorized. B. Where a structure is owned by a public entity other than this City, the removal ofthe graffiti may be authorized only after securing the consent of the public entity having jurisdiction over the structure. C. Prior to the removal of graffiti on private property, the City shall obtain written consent ofthe property owner. The owner shall only be charged for the actual cost incurred by the City to remove the graffiti. The City Manager or his/her designee may waive the costs associated with removing the graffiti provided that the property owner agrees to assign his/her victim's rights to the City so the City may seek restitution in accordance with Section 9.52.060 ofthis Code and/or Penal Code Section 954. 9.52.090 Public nuisance. The City Council does hereby find that graffiti is a public nuisance. In the event the property owner of private property upon which graffiti or other inscribed material has been placed declines to consent to removal by the City, or fails to remove the graffiti or other inscribed material within five calendar days after service of a notice to remove graffiti, the affected property shall be subject to the nuisance abatement process set forth in Chapter 8.18 of the Lake Elsinore Municipal Code. 9.52.100 Rewards. The City Council may provide one hundred dollars to one thousand dollars subject to approval by City Manager, by resolution, for information leading to the identification, apprehension and conviction of any person who applies graffiti within this City. _ SECTION 2. Publication. This Ordinance shall take effect thirty (30) days after 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 PASSED UPON FIRST READING this 14th day of November, 2000, upon the following roll call vote: ABSTENTIONS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NONE AYES: NOES: ABSENT: NONE NONE PASSED, APPROVED, AND ADOPTED UPON SECOND READING this 28th day of November, 2000 upon the following role call vote: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE - ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: 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 14th day of November, 2000; approved upon second reading by title only on the 28th day of November, 2000, by the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, METZE, P APE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE - nlj). r~~ VY:Kl KAS'&, CITY CLERK 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 above and foregoing is a full, true and correct copy of Ordinance No. 1071 of said Council, and that the same has not been amended or repealed. (SEAL)