HomeMy WebLinkAboutConsistency Zoning Project Staff Report 11-18-14CITY OF LAKE ELSINORE
REPORT TO PLANNING COMMISSION
TO: Honorable Chairman
And Members of the Planning Commission
FROM: Richard J. MacHott, LEED Green Associate
Planning Manager
DATE: November 18, 2014
SUBJECT: Consistency Zoning Project — Phase V, including the following
items:
Zoning Code Amendment No. 2013 -02 — Amend Chapter 17.20 of
the Lake Elsinore Municipal Code, by Replacing the "(L) Lakeshore
Overlay District" with a New "L Lakeshore Zoning District; "; and
Zone Change No. 2014 -06, Known as the Consistency Zoning
Project, Phase V, Change the Zoning of Various Parcels in the Lake
Edge District of the City to Zones Consistent with the General Plan
Designations Therein.
Recommendation
Staff recommends that the Planning Commission take the following action:
Adopt Resolution No. 2014- ; Resolution of the Planning Commission of the
City of Lake Elsinore, California, Recommending that the City Council of the City
of Lake Elsinore Approve Zoning Code Amendment No. 2013 -02, An
Amendment to the Lake Elsinore Municipal Code, Title 17, Chapter 17.20,
Replacing the `(L) Lakeshore Overlay District' with a New `L Lakeshore Zoning
District' as Part of the Consistency Zoning Project - Phase V.
2. Adopt Resolution No. 2014- ; Resolution of the Planning Commission of the
City of Lake Elsinore, California, Recommending that the City Council of the City
of Lake Elsinore Approve Zone Change No. 2014 -06, Known as the Consistency
Zoning Project — Phase V, Changing the Zoning of Various Parcels in the Lake
Edge District of the City to Zones Consistent with the General Plan Designations
Therein.
PLANNING COMMISSION STAFF REPORT
CONSISTENCY ZONING, PHASE V: ZCA 2013 -02, ZC 2014 -06
November 18, 2014
Page 2 of 6
Background
The City of Lake Elsinore adopted an update to its General Plan on December 13,
2011. Since then, the City Council has approved Consistency Zoning for all Commercial
and Residential Mixed Use parcels, all High Density Residential parcels, and the
Business, East Lake, North Peak, Lake View, Riverview and Country Club Heights
Districts.
Proiect Description
The City now proposes Phase V of the Consistency Zoning Project, bringing the Official
Zoning Map of the City into conformance with the adopted General Plan for the Lake
Edge District.
Discussion & Analysis
Zoning Code Amendment No. 2013 -02
Staff proposes that the "L Lakeshore Overlay District" be removed from Chapter 17.20,
and replaced in its entirety with a new "L Lakeshore Zoning District" as shown in Exhibit
`A.' The proposed zone adds custom residential homes as a permitted use, and
provides the development standards to construct custom homes. Additionally, the
proposed zone provides development standards for fencing at the shoreline and within
the Lake; and encourages other compatible uses along the Lake, such as restaurants,
hotels, athletic fields, hiking and bicycle trails, residential private boat docks, and
playgrounds, either as a permitted use or use permitted with the approval of a
Conditional Use Permit.
The proposed zone does not extend into any other part of the City or County. Lakeland
Village is not affected.
Zone Change No. 2014 -06
The proposed zone changes that make zoning compatible with the General Plan
designations in the Lake Edge District are shown in four exhibits, `B' through `E.' Exhibit
`B' indicates the three areas within the Lake Edge District where changes occur.
Exhibits 'C,' `D,' and `E' detail Areas 1, 2 and 3, showing the existing zoning, the
General Plan designation, and proposed zone change only. All color and enlarged 11 X
17 exhibits are provided as Attachment 3 under separate cover.
Notification of Community Meeting
On October 1, 2014, Staff mailed over 200 notifications to property owners or residents
in the Lake Edge District. The notification invited property owners to attend a
Community Meeting on October 23, 2014 at the Cultural Center to meet Staff and hear
PLANNING COMMISSION STAFF REPORT
CONSISTENCY ZONING, PHASE V: ZCA 2013 -02, ZC 2014 -06
November 18, 2014
Page 3 of 6
about the Consistency Zoning Project, to obtain detailed information on the zones
proposed, and to voice their concerns and ask questions. The notification /invitation
letter is Attachment 4 to this Staff Report. Subsequent to the mailing, Staff received
nearly 15 phone and e-mail inquiries and front counter visits. Approximately 25 -30
people attended the Community Meeting, and Staff addressed all questions that were
asked.
Staff also took the opportunity to introduce the community to a draft of the "Shorefront
Guide to Lake Stewardship" which details how best to approach development along the
Lake. This Guide is intended to be an informational document only and will not be
adopted as part of the proposed "L Lakeshore Zoning District" or elsewhere in the
Municipal Code. A copy of the current draft of the "Shorefront Guide to Lake
Stewardship" is provided for the Planning Commission's information as Attachment 6 to
this Staff Report.
Property Owners' Concerns:
1. Proposed L Zone Setback Standard
The draft L Lakeshore Zone was presented requiring a minimum setback of 30 feet from
Lakeshore Drive. Staff used this requirement from the previous L Lakeshore Overlay
Zone. However, it was pointed out that for those parcels with Lakeshore Drive on one
side and Acacia Street on the other side, this requirement would constrain development.
Staff has reassessed this requirement, and has changed their recommendation to
require a minimum 20 foot setback similar to the R1 Single Family Residential Zone.
2. Acacia Street Vacation
Affected property owners inquired about the right -of -way of Acacia Street as shown on
City maps, and whether a vacation of the ROW would be supported by Staff. The
Engineering Department expressed their concern that legal access must be provided for
all lots in the area. The Planning Department pointed out that the City's General Plan
identifies a pedestrian- oriented route (multi - purpose trail) along and within Lakeshore
Drive as a Goal and Policy of the Lake Edge District. The Acacia ROW could be needed
to meet this Goal.
3. The Formation of a Sewer Assessment District
Several property owners acknowledged the lack of sewer lines along Lakeshore, and
urged the City to assist in the formation of an assessment district to fund installation. It
was learned in a recent discussion between Staff and Elsinore Valley Municipal Water
District representatives that their Sewer Master Plan will evaluate infrastructure
requirements to serve this area. The EVMWD Master Plan is expected to be completed
in April 2015. Because of the flat topography, a lift station may be required to convey
PLANNING COMMISSION STAFF REPORT
CONSISTENCY ZONING, PHASE V: ZCA 2013 -02, ZC 2014 -06
November 18, 2014
Page 4 of 6
sewage to an existing connection point. Also, properties located at a lower elevation
than Lakeshore Drive may need individual booster pumps at each property site.
Correspondence: Staff received three requests for reconsideration of the proposed
zoning and one request to modify the proposed L Lakeshore Zoning Code.
1. Hong Young, APN 379 - 191 -009, -010, -011, (Letter Dated 10/17/14, Attachment
#5a
The General Plan designation of Low Density Residential governs Mr. Young's three
parcels listed above. A site visit down Joy Street to the Lake waters revealed an
established single - family residential neighborhood, with some vacant properties
interspersed, consistent with the proposed R1 Single - Family Residential zoning. Mr.
Young indicates that he plans to develop his parcels in combination with neighboring
vacant land, but has not submitted a proposed site plan. Staff suggests that should a
future proposal be submitted that both alters the configuration of the neighborhood to
higher density residential and also blends well with the remaining single--family
neighborhood, Mr. Young could propose his design with a General Plan Amendment
and Zone Change at that time.
2. Hong Young APN 379 -100 -011 (Letters Dated 10/17/14 and 10/22/14,
Attachment #5b)
The property listed above is currently split- zoned, with the majority of the parcel zoned
R Recreation and the portion fronting Riverside Drive zoned CP Commercial Park. The
2011 General Plan Update replaced all the CP designations along Riverside Drive
including Mr. Young's parcel to R Recreation. Mr. Young submitted a request to retain
the CP Zone along Riverside Drive on October 17, 2014. In further discussions with
Staff, he explored the option of finding consistency with the PI Public Institutional Zone,
because, if he could not build a restaurant on his Riverside Drive frontage, he wanted to
develop a private school utilizing the entire parcel. Staff received a subsequent letter
from Mr. Young dated October 22, 2014 requesting the PI Zone. While the General
Plan /Zoning Compatibility Matrix does allow PI in the Recreation designation, Staff
believes that it constitutes "spot zoning" in this area of the City.
3. Martin Ryder, APN 379 - 202 -008 (Email Dated 11/11/14, Attachment #5c)
Mr. Ryder's email opposes a change in zoning from R -3 to R -2 unless the language in
the R -3 Zone, LEMC Section 17.84.080.B.5., dealing with side setbacks on existing
legally nonconforming lots is added to the R -2 Zone. The language contained in Section
17.84.080.B.5 provides that "on existing, legally nonconforming lots which are
substandard in width, ...a minimum side yard setback of 20 percent of the lot width
may be allowed adjacent to a public right -of -way, with a minimum of 10 feet." In the both
R -3 and R -2 Zones, the standard required street side yard setback is 15 feet. A 20%
reduction of the 30 -foot width of Mr. Ryder's lot is 6 feet, so the minimum 10 feet would
PLANNING COMMISSION STAFF REPORT
CONSISTENCY ZONING, PHASE V: ZCA 2013 -02, ZC 2014 -06
November 18, 2014
Page 5 of 6
apply along Lehr Street. Due to the 30 -foot width of Mr. Ryder's property, it will be
difficult to develop the property in either the R -2 or R -3 zone, since the 20% reduction
only reduces the 15 -foot side yard setback by 5 feet. Even with minimum street side
yard and interior side yard setbacks totaling 15 feet, the remaining width for the
construction of a home, garage and driveway is 15 feet on his 30 -foot wide lot. Staff
believes that under either the existing R -3 zoning or the proposed R -2 zoning that Mr.
Ryder would have to process a Variance request with the Minor Design Review
application required to develop a single - family residence. Therefore, since Mr. Ryder's
property is designated for Medium Density Residential land uses by the General Plan
and the proposed R -2 zone is the most appropriate zoning for his property; Staff
recommends R -2 zoning.
4. Paul Castagno Request to Modify the Proposed L Lakeshore Zone (Attachment
#5d)
On October 15, 2014 Mr. Paul Castagno sent by email recommendations to modify the
proposed L Lakeshore Zone. Staff modified some of the language to clarify the
difference between existing construction and requirements for future subdivision or
construction. Staff also added a definition for "Campgrounds" to Section 17.94.030 —
Definitions, and believes it sufficiently covers both public and private campgrounds.
Further, Staff has removed "Overnight Camping" as a permitted use in the zone
because it is covered by Temporary Use Permit in other sections of the Municipal Code.
Lastly, prohibited storage has been emphasized in Section 17.94.060.
Environmental Determination
The City certified a Recirculated Program Environmental Impact Report (RP -EIR) for the
update to its General Plan. The proposed Zoning Code Amendment No. 2013 -02 and
Zone Change No. 2014 -06 to the City's Official Zoning Map implements the General
Plan update, providing a new zone that allows custom residential development in the
Lakeshore Residential designation, and applying appropriate zoning districts compatible
with their land use designations. No additional environmental review is required.
Prepared by: Carole K. Donahoe, AIC
Project Planner `(�
Approved by: Richard J. MacHott, LEED Green Associate
Planning Manager
PLANNING COMMISSION STAFF REPORT
CONSISTENCY ZONING, PHASE V: ZCA 2013 -02, ZC 2014 -06
November 18, 2014
Page 6 of 6
Attachments:
1. Resolution No. 2014 -_ recommending that the City Council approve Zoning Code
Amendment No. 2013 -02 for Title 17, Chapter 17.20 of the Lake Elsinore Municipal Code.
a. Exhibit 'A' — Proposed 'L Lakeshore Zoning District'
2. Resolution No. 2014- recommending that the City Council approve Zone Change No.
2014 -06, known as the Consistency Zoning Project — Phase V, changing the zoning in the
Lake Edge District.
a. Exhibit 'B' —Lake Edge District Areas
b. Exhibit 'C' — Area 1
c. Exhibit 'D' — Area 2
d. Exhibit 'E' — Area 3
Color 11 X 17 Exhibits (Separate Cover)
a. Exhibit '13' —Lake Edge District Areas
b. Exhibit 'C' — Area 1
c. Exhibit 'D' — Area 2
d. Exhibit 'E' — Area 3
4. Property Owner Notification /Invitation Letter dated October 1, 2014
Correspondence:
a. Hong Young Letter Dated 10/17/14 for APNs 379 - 191 -009, -010, and -011
b. Hong Young Letters Dated 10/17/14 and 10/22/14 for APN 379 - 100 -011
c. Martin Ryder Email Dated 11/11/14 for APN 379 - 202 -008
d. Paul Castagno Request to Modify the Proposed L Lakeshore Zone, email dated 10/15/14
6. Draft of the "Shorefront Guide to Lake Stewardship" - for informational purposes only
(Separate Cover).
RESOLUTION NO. 2014-
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE APPROVE ZONING
CODE AMENDMENT NO. 2013 -02, AN AMENDMENT TO THE LAKE
ELSINORE MUNICIPAL CODE, TITLE 17, CHAPTER 17.20,
REPLACING THE `(L) LAKESHORE OVERLAY DISTRICT' WITH A
NEW `L LAKESHORE ZONING DISTRICT,' AS PART OF THE
CONSISTENCY ZONING PROJECT - PHASE V.
WHEREAS, the City of Lake Elsinore adopted its General Plan on December 13,
2011; and
WHEREAS, properties in the City have been designated "Lakeshore Residential"
on the General Plan Land Use Map; and
WHEREAS, an appropriate zone is not currently available that is entirely
consistent and compatible with the "Lakeshore Residential" designation; and
WHEREAS, Government Code Section 65103 empowers the legislative body to
implement the General Plan through actions including, but not limited to, the
administration of zoning ordinances; and
WHEREAS, Resolution No. 2004 -11 of the City of Lake Elsinore, which
establishes procedures and requirements for implementation of the Western Riverside
County Multiple Species Habitat Conservation Plan, specifically exempts the adoption
or amendment of any land use or zoning ordinance in Section IV — Exemptions: and
WHEREAS, public notice of the Zoning Code Amendment has been given and
on November 18, 2014 at a duly noticed public hearing the Planning Commission has
considered evidence presented by the Community Development Department and other
interested parties with respect to this item.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. The Planning Commission has reviewed and analyzed the
proposed Zoning Code Amendment pursuant to the California Planning and Zoning
Laws (Cal. Gov. Code §§ 65000 et seq.), the Lake Elsinore General Plan and the Lake
Elsinore Municipal Code and finds and determines that the proposed Zoning Code
Amendment is consistent with the requirements of California Planning and Zoning Law
and with the goals and policies of the Lake Elsinore General Plan and the Lake Elsinore
Municipal Code.
PLANNING COMMISSION RESOLUTION NO. 2014 -
Page 2 of 3
SECTION 2. That in accordance with the California Planning and Zoning Law
and the Lake Elsinore Municipal Code, the Planning Commission hereby makes the
following findings for the approval of Zoning Code Amendment No. 2013 -02:
1. The proposed Zoning Code Amendment 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 the
property or improvements in the neighborhood or within the City.
a. The proposed zone implements the General Plan, which was analyzed
for its potential to have detrimental effects on the health, safety and
welfare of residents.
2. The proposed Zoning Code Amendment will permit reasonable development of
the area consistent with constraints and will make the areas affected more
compatible with adjacent properties.
a. The proposed zone includes development standards for custom single
_family residences along the shorefront.
3. The proposed Zoning Code Amendment would establish land use densities,
intensities and usage more in character with the subject properties' location,
access, and constraints.
a. The proposed Zoning Code Amendment recognizes development
constraints and opportunities affecting the shorefront.
4. The proposed Zoning Code Amendment will not have a significant effect on the
environment.
a. Compliance with development standards and existing City ordinances
regarding campgrounds and recreational vehicle parks, tree stumps,
flood damage prevention, floodplain management, underground
utilities, and parking standards protects the sensitive shorefront
environment.
SECTION 3. Based upon the evidence presented, both written and testimonial,
and the above findings, the Planning Commission hereby recommends approval of
Zoning Code Amendment No. 2013 -02, and incorporating the amendment into the Lake
Elsinore Municipal Code as shown on Exhibit `A` attached herein.
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED on this eighteenth day of November
2014.
PLANNING COMMISSION RESOLUTION NO. 2014 -
Page 3 of 3
John Gray, Chairman
City of Lake Elsinore Planning Commission
ATTEST:
Richard J. MacHott, LEED Green Associate
Planning Manager
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE SS
CITY OF LAKE ELSINORE
I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2014- was adopted at a regular meeting of the
Planning Commission of the City of Lake Elsinore on the eighteenth day of November,
2014, by the following roll call vote:
AYES:
►I
ABSTAIN:
ABSENT:
Richard J. MacHott, LEED Associate
Planning Manager
Zone Code Amendment No. 2013 -02 D R A F T November 2014
Sections:
17.20.010
17.20.020
17.20.030
17.20.040
17.20.050
17.20.060
17.20.070
17.20.080
17.20.090
17.20.100
17.20.110
17.20.120
17.20.130
17.20.140
17.20.150
17.20.010,
MTh
and shore
General PI
provide er
17.20.020
EXHIBIT'A'
Zoning Code Amendment No. 2013 -02
For Lakeshore (L) Zoning District
Chapter 17.20
Purpose
Zoning District area boundaries
Definitions for the purposes of this title.
Permitted uses
Conditional uses
Prohibited uses
Violations f
Development standards
Parking 5
Application materialsto be submitted
Nonconforming uses
Enforcement authority
rict i ensure that retention of certain water areas
activities are in conformance with the Lake Elsinore
q implement the relevant General Plan programs and
as herein defined.
The Lakeshore Distri&t one shall apply to any current and future lake shoreline area that
is designated "Lakeside Residential" by General Plan Amendment, Update, Master Plan or
Specific Plan.
17.20.030 Definitions for the purposes of this title
For the purposes of this title, certain words and terms are defined as set out in this chapter.
A. "Campground" shall mean an open air facility dedicated for use by tent, trailer or RV
campers in a park -like setting. Amenities may include fireplaces, fire pits, gravel or
0
Zone Code Amendment No. 2013 -02 D R A F T
November 2014
concrete pad for vehicle parking, picnic tables, utility hookups (gas, propane, water,
electricity, sewer), potable water, toilets, showers, trash cans or bins.
B. "Frontage" shall mean the maximum width of the shoreline, or that side abutting a street,
within the bounds of a specific residential property.
C. "Litter" shall include, but not be limited to, willful or negligent throwing, dropping,
placing, depositing, or sweeping, or causing any such acts, of any waste matter or
materials on any land or water in other than specified approved storage /waste
containers, as so designated.
D. "Ordinary High Water Mark" shall mean a point that 'epresents the maximum rise of the
Lake over the shorefront, or that can be expected to be produced by the Lake in non -
flood conditions. OHWM defines the lateral lirnik of lf,400,ral jurisdiction over non -tidal
water bodies or traditional navigable watery cif the United,Sates. It is used by the U.S.
Army Corps of Engineers, the Environmen l rotect Agency; a" other Federal agencies
to determine the geographical extent o fi-eir regulatory programs.
,>
E. "Plot plan" shall mean a diagram showing1t p,roposcf acement oftte house, structure
or dock in relation to existing, f, tures of the pti�pe-tty"and adjacent properties, including
property lines, street right -0 `rw`ay�'`aagd driveway cc sS.
F. "Private encroachment" shall ir�tlude, b not be limttacl to, any and every person who
willfully or negligently commits a trespass' by any of the following acts:
1. Enters upor%any private`latd owned by arty. other`person.
2. Ari Y „_ p n en
erso`
,
3. Enterntupon
posted or nqt
4 ' En�erng upr�r
not, whither i
any person.
upon
land c
n.
land "owC
: losed or
Bate lanctnf owned by that person.
by another or not by that person, whether
i nother or not by that person, posted or
losed by prohibitive /restrictive entrance, by
G. "Shore)the shall mean t} p line of wWhich the Lake's water surface comes into contact with
dry land Tie- shoreline Wilj move as water levels change.
H. Vehicle, Illegal prkingr hereof. Vehicle shall be defined as outlined within the State of
California Vehicle Goode Tjegal parking shall include, but not be limited to, any person(s)
in control of a vehicfe,who willfully or negligently commits a parking violation by any of
the following acts:
1. A vehicle which has entered upon /in or onto any private land, owned by
another or not owned by that person, posted or not, whether unenclosed or
enclosed by prohibitive /restricted entrance;
2. A vehicle, which has entered upon /in /along or onto any public lands, streets
or rights -of -way, that is posted in verbiage, stating, "No Parking, Stopping or
Standing —Tow Away Zone," or as prescribed by law, including State highways.
2
Zone Code Amendment No. 2013 -02 D R A F T November 2014
17.20.040 Permitted uses
Uses permitted in the Lakeshore District shall be as follows:
A. Custom, occupied single - family residences in accordance with Section 17.20.083.
B. Existing occupied and permitted single - family residences and existing operating and
licensed businesses consistent with this Chapter, as of the date of adoption of this
Ordinance.
C. Hiking and bicycle trails /tracks
D. Jet -ski and boat rentals.
E. Residential private boat docks for private pleasure' craft; subject to the issuance of a City
permit.
F. Publicly owned park, in conformance with t p La e Elsm�� eneral Plan.
G. Restaurants
17.20.050 Conditional uses
The following uses are alto
permit has been granted by the PI
properly conducted. Any use appr
requirements for scenic corridors.
A. Athletic field `.
zIV
B. Campgroulhds and pig
C. Recreational "vehicle /tr
D. Hotels, bed a6&,, freak
f in the t provided a conditional use
tri Commission afier *notice and public hearing are
d as a �`UPhall confbrlto the General Plan and
rounds
r parks.
este lishmer�� inns, rental cottages, and lodging
1
E. Other retail i that at`e, limited, sm l cale, and that serve recreational uses, as
'deemed simiWIJ othe above mentioned uses by the Director of Community
De�re�opment ��
F. Playgriaunds
G. Tennis courts
17.20.060 Prohibited" use`s'
Any use not specifically listed as allowed, by ownership right as a permitted /conditional
use or special permit, are prohibited. The following uses are specifically prohibited:
A. Off -site advertising structures
B. Stand - alone, for -fee parking lots which are not an accessory use.
C. Storage of any kind unless connected with existing occupied residential dwellings
and consistent with all applicable City codes.
D. Unauthorized vending /peddling and selling.
3
Zone Code Amendment No. 2013 -02 D R A F T
November 2014
17.20.070 Violations
It shall be unlawful to litter, commit private encroachment, illegally park a vehicle, all as
defined herein, or to utilize property in a manner prohibited by the LEMC Section 17.94.060.
Violations of this chapter shall be treated as an infraction offense for the first two of any such
violations, and any subsequent violation may be treated and charged as either an infraction or a
misdemeanor as determined by the court.
17.20.080 Development standards
A. Any new subdivision of property shall provide rr�in
(6,000 s.f.) lot area.
Ff 1 �y
B. Any new subdivision of property shall e a min
lot width.
C. Minimum yard setback requirements ire as follows:
1. All uses shall maintain a minimum`§,0 back of 7.
D.
E.
F.
G.
H.
J.
2. Side and setback sh f five feet
Y a"f be. `,X ".
3. Rear yard setback shiT be e tatilished by they
case basis.
4 z
Building heightshgll be a max�rum of tr}�feet.
Fences maybe erected within theakespreb�t
um six thousand square foot
one hundred linear feet
from Lak bore Drive.
lanning Commission on a case -by-
ct to approval of
architect` 41"Aheme determined by; b± l?1`anning` om'mission.
Fences within the Lake at1,255 foot rpean sea level or lower shall not be
permanent, and shall Cie rernavd when the lakebed rises.
Properties with tree stumps or dikllree� shall comply with the LEMC Sections
.120.130 ar'd" b 20.
to any us`�st be approved by the Planning and Engineering Divisions
based- upon:z
1 Safety,,of approach
2. AdegaCe facilit��s provided
3. Conformance "�n[1 requirements as listed in the LEMC.
Development shall "adhere to the provisions of LEMC Chapter 15.64 - Flood Damage
Prevention, and Chapter 15.68 — Floodplain Management. Additionally, property
owners are subject to provide a flood easement to the City.
Development applicants shall have a soils report prepared and receive City Engineer
approval prior to construction on the property. The soils report shall identify County
Fault Zones if present on the property.
Utilities shall be required to be underground in accordance with Chapter 16.64 of
the LEMC.
4
Zone Code Amendment No. 2013 -02 D R A F T November 2014
L. Development shall support efforts to complete a multi - purpose trail system around
the Lake in accordance with the goals and policies of the General Plan.
17.20.083 Custom Single Family Homes Development Standards
A. New homes shall have an orientation and accessibility to the Lake for private use only.
B. Residential densities for new subdivisions shall not exceed one (1) dwelling unit per
10,000 square feet.
C. Lot coverage shall be calculated on the area of the property remaining above the
MIN` High Water Mark," and the maximum of ails r'uctures shall be fifty percent.
D. Development shall provide scenic vistas between homes, for the enjoyment of
pedestrians as well as local residences. Fencing shall babpped with wrought iron or
glass. Yard landscaping shall be low - growing,
E. Development shall meet all traffic safety and circulation requtferr�ents for this area,
which may require additional design a`ri,epgineering.
F. Development shall support public access o the Lake,ccordance With the goals and
policies of the General Plan,°"
G. Accessory uses for residentia arrt� shall be per` �Jtted in accordance with Section
17.76.040 (R1 Zone Accessory Uses and Structures)
17.20.090 Parking y zr "'
Parking shall be`allowed "'`intaine�d in accordance with LEMC
17.94.040, 17.94.050 a6id ,,'7.94 080,Fin add itiob to ,meeting all other City codes. No other
parking shali�be perrriitted an�iprhit>td as defined within LEMC 17.94.030(X). Violations
shall be enforced`a�'h`erern pried. ,.
17.20. < Materials to be ubmitted,
In addi`icin,to all mateasand pro dures required by the City's subdivision, zoning,
building and grad riJ` a I on nd environmental review procedures applicable to lake
shoreline development pro�eclling within the scope of this chapter, the following
application materials sh'a(b'quired to be submitted for lake shoreline development
projects:`,,,,t.,
A. A plot plan reflecting the proposed project including representations of property
lines, all records and proposed property lines, all recorded and proposed easements,
and public rights -of -way.
B. A topographical map of the project site and adjacent terrain located within 150 feet
of the project boundaries.
C. A complete grading plan for the project.
5
Zone Code Amendment No. 2013 -02 D R A F T
November 2014
D. A landscaping plan which shall accurately show the final disposition of all existing
trees on the project site and the type and extent of proposed vegetation.
E. If the development project is within an area of special flood hazard, developer shall
also submit a properly executed flood hazard deed notification document, which
shall be recorded by the City to provide constructive notice to all future purchasers
and encumbrances concerning the flood hazard.
17.20.110 Nonconforming uses.
Any structure or use within the Lakeshore Distri
provisions of this chapter, but which is legally in exist4r,
status of a lawfully nonconforming structure or u$c,,.'1
ordinances.
t fi t, does not comply with the
;`shall`uon such date acquire the
ject to a '(J. funicipal Codes and
A. Unoccupied structures and building's""', to LEMC 15.08.
B. Campgrounds, unless a conditional use porn
of ownership or expansig'hbe brought into
State of California, Title 2'S,wv thin one year
expansion of the campgrout
xs
C. Foundations, wajls and other �;h.crete sf u �
not in coniur etion or.'necessarv''v+ilth I
it has'been granted,"shall upon change
ortfoF'mance withal I Clty;-codes and
ftkq, change of ownership or during the
not ps�ed for retaining purposes,
gVeloped property, shall be
removedwtthin six montis. ,E`
D. Open storage, storage ;- ftctures, std', ge of materials, trailers, vehicles and boats
not rol #ed to eXOtineis��ptial structures are prohibited unless stored in a legal
Mann i� a Gordan+ e with City c`o"I
Stumps and 6 d, tre I be rem immediately.
F bfuse materials �ll be removed immediately.
17.20.120 E00cement authority.
The City's LaW nforcem#,bt Agency and Code Enforcement Officers are appointed
inspectors that ensure cart�l?h " e with all provisions herein and have the right to enter free of
charge, at any time, upon any place or parcel of land, to investigate and determine compliance
and /or to enforce and perform all the regulatory provisions of LEMC 17.94.010 through
17.94.140.
In addition, the Code Enforcement Officers are hereby empowered to issue written
citations /tickets to trespassers, persons who litter and illegally parked vehicle - violators, as
defined in LEMC 17.94.030(A), (B) and (D), whether the violator is physically present or not,
found within the areas as defined within lemc 17.94.020; these violations shall constitute a
prima fascia presumption that the trespasser, person who litters, and last registered owner of
Zone Code Amendment No. 2013 -02 D R A F T November 2014
record of vehicle, not having complied with the provisions of LEMC 17.94.030(A), (B), and (D). is
responsible for such and is thereby liable for the cost of a fine as imposed and established
hereafter.
17.20.130 Imposition of fines.
Any person or registered owner in control of a vehicle found in violation of any
provisions herein defined and described shall be fined with the following schedule:
A. Littering. Any person found in violation of littering shall be fined $50.00 for the first
offense, $100.00 for the second offense, and ea -" dditional offense may be treated
and charged as either an infraction or a m i s d e tor by the court.
B. Private Encroachment. Any person found it I, 1, private encroachment shall
be fined $50.00 for the first offense, $0000 for the second offense, and each
additional offense may be treated,,. charged as either fraction or a
misdemeanor as determined by the i -urt.
C. Illegal Parked Vehicle. A minimum fi e Rf $15 001 11 be set four vefacle(s) found in
violation.
17.20.140 Administrative appeal
A. Any person agoeued by or dish i
v,
written appeal to the Glty Council as p
B. Any persor�' 'grieve d' boor dissatisf
appeal to the Mu 44al Cg,,,, as struct
17.20 15i�, , � °Liberal �onstru'etivn C
Y ! !
The provisions oil, i chapt s
there is a conflict between this chapte
provisions oft hapter shalfj revail.
e provisoes of this chapter may file a
F o des
no orainances.
th the errarcement of this chapter may
within due process of California law.
all be libeally construed to effectuate their purposes. If
d any other provisions of the Municipal Code, the
iAF
RESOLUTION NO. 2014-
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE APPROVE ZONE
CHANGE NO. 2014 -06, KNOWN AS THE CONSISTENCY ZONING
PROJECT — PHASE V, CHANGING THE ZONING OF VARIOUS
PARCELS IN THE LAKE EDGE DISTRICT OF THE CITY TO ZONES
CONSISTENT WITH THE GENERAL PLAN DESIGNATIONS THEREIN
WHEREAS, the City of Lake Elsinore adopted an update to its General Plan on
December 13, 2011, which established designations on various properties throughout
the Lake Edge District of the City, as presented on the General Plan's Land Use Plan;
and
WHEREAS, Government Code Section 65103 empowers the legislative body to
implement the General Plan through actions including, but not limited to, the
administration of zoning ordinances; and
WHEREAS, Government Code Section 65860 requires that a city's zoning
ordinances be consistent with its general plan; and
WHEREAS, Resolution No. 2004 -11 of the City of Lake Elsinore, which
establishes procedures and requirements for implementation of the Western Riverside
County Multiple Species Habitat Conservation Plan, specifically exempts the adoption
or amendment of any land use or zoning ordinance in Section IV — Exemptions; and
WHEREAS, public notice of Zone Change No. 2014 -06 has been given and on
November 18, 2014 at a duly noticed public hearing the Planning Commission has
considered evidence presented by the Community Development Department and other
interested parties with respect to this item.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. The Planning Commission has reviewed and analyzed the
proposed zone changes pursuant to the California Planning and Zoning Laws (Cal. Gov.
Code §65000 et seq.), the Lake Elsinore General Plan and the Lake Elsinore Municipal
Code and finds and determines that the proposed zone changes are consistent with the
requirements of California Planning and Zoning Law and with the goals and policies of
the Lake Elsinore General Plan and the Lake Elsinore Municipal Code.
SECTION 2. Pursuant to Section 21080 (c) (2) of the California Environmental
Quality Act (CEQA), the Planning Commission determines that the Recirculated
Program Environmental Impact Report certified for the update to the General Plan is
adequate and prepared in accordance with the requirements of CEQA which analyzes
environmental effects of the Project. Because Zone Change No. 2014 -06 implements
PLANNING COMMISSION RESOLUTION NO. 2014 -
PAGE 2 of 5
the General Plan with the appropriate zoning districts for development within the Lake
Edge District of the City, no additional environmental review is required.
SECTION 3. That in accordance with the State Planning and Zoning Law, the
Planning Commission hereby makes the following findings for the approval of Zone
Change No. 2014 -06:
1. The proposed zone changes 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 zone changes or within the City, or b) injurious to
the property or improvements in the neighborhood or within the City.
a. The proposed zone change implements the General Plan adopted
December 13, 2011; which was analyzed relative to its potential to
have detrimental effects.
b. The proposed zone change will eliminate inconsistencies with the
adopted General Plan.
C. The proposed zone change will be beneficial to the public health,
safety, comfort and welfare and will improve property in the
neighborhood and the City by allowing a variety of commercial,
public /institutional, and residential uses to be established in the Lake
Edge District within the City.
2. The proposed zone change will permit reasonable development of the area
consistent with its constraints and will make the area more compatible with
adjacent properties.
3. The proposed zone changes would implement a land use density, intensity and
usage more in character with the subject property's location, access, and
constraints consistent with the adopted General Plan and subsequent text
amendments to the zoning code.
a. The proposed zone change takes into consideration existing
development as well as vacant properties.
4. The proposed zone change implements the goals of the Lake Edge District.
a. Development of recreational uses that will bring local residents and
visitors to the Lake have been included.
b. Accessibility to the Lake and view corridors are recognized as
enhancements along the shorefront.
C. Public /Institutional uses are appropriately zoned and identified.
5. The proposed zone changes will not have a significant effect on the
environment.
PLANNING COMMISSION RESOLUTION NO. 2014 -
PAGE 3 of 5
a. The potential impacts of the General Plan have been analyzed in the
Recirculated Environmental Impact Report (SCH #2005121019)
prepared for the City of Lake Elsinore General Plan ( "General Plan
EIR') and its related cases which was certified on December 13, 2011,
and adequate mitigation measures have been prepared where
necessary. Accordingly, the impacts of the proposed zone change
have been disclosed, analyzed and mitigated to the extent feasible in
the General Plan EIR. A copy of the General Plan EIR is available for
inspection in the City of Lake Elsinore Community Development
Department, 130 S. Main Street, Lake Elsinore, CA.
SECTION 4. Based upon the evidence presented, both written and testimonial
and such other matters as reflected in the record, and the above findings, the Planning
Commission hereby recommends to the City Council adoption of Zone Change No.
2014 -06, making the following zone changes to the City of Lake Elsinore Official Zoning
Map, and as shown in Exhibits 'B' through 'E' attached:
Area 1 — A portion of Assessor's Parcel No. 386- 100 -034 from R1 Single Family
Residential to OS Open Space; and
Assessor's Parcel No. 386- 120 -031 from R1 Single Family Residential to RMR
Rural Mountainous;
As shown on Exhibit `C.'
Area 2 — Portions of Assessor's Parcel Nos. 379 - 070 -007 and -008; portions of
Assessor's Parcel Nos. 379 - 100 -002, -008 through -011, -015, -016, and -020; and a
portion of Assessor's Parcel No. 379 - 120 -007 from CP Commercial Park to R
Recreation; and
Assessor's Parcel Nos. 379 - 191 -005 through -017 and 379 - 192 -005 through -
013, and -022 from R3 — High Density Residential to R1 Single Family Residential;
and
Assessor's Parcel Nos. 379 - 191 -018 through -024, and a portion of -025 and
379 - 192 -015 through -018, portions of -019 and -020; and -021 from R Recreation to R1
Single Family Residential; and
Assessor's Parcel Nos. 379 - 202 -001, -003, -005 through -018; 379 - 203 -001
through -013, -016 and -020; portions of 379 - 204 -001 through -007 and -018; 379 -212-
002, -003, 010 through -012, -014 and -015; 379 - 213 -003 through -005, -008, -009, -
012 through -019; 379 - 214 -002 through -005; portions of -006 through -009, portions of
-012, -013 through -015 from R3 — High Density Residential to R2 Medium Density
Residential; and
Portions of Assessor's Parcel Nos. 379 - 204 -001 through -007 and -018; -010
through -017; 379 - 205 -001 through -015; and portions of 379 - 214 -012 through -015; -
PLANNING COMMISSION RESOLUTION NO. 2014 -
PAGE 4 of 5
016 through -020; a portion of 379 - 215 -003; 379 - 215 -004 through -010, -013 through -
020 from R Recreation to R2 Medium Density Residential; and
A portion of Assessor's Parcel No. 379 - 215 -003 from CP Commercial Park to R2
Medium Density Residential; and
Portions of Assessor's Parcel Nos. 379 - 215 -012, -022, -023; from R Recreation
to CP Commercial Park;
As shown on Exhibit 'D.'
Area 3 — Portions of 379 - 216 -001 and -002 from CP Commercial Park to R
Recreation; and
Assessor's Parcel No. 375 - 090 -001 from R1 Single Family Residential to R
Recreation; and
Assessor's Parcel Nos. 375 - 090 -002 through -004, -006 and -007 from C1
Neighborhood Commercial to R Recreation; and
A portion of Assessor's Parcel No. 375 - 190 -024; and portions of Assessor's
Parcel Nos. 375 - 240 -001 through -006, -008, -009, -013 and -014; portions of 375 -350-
002, -003, -045 through -047, -056; 375 - 350 -024 through -039, -041 and -042; and 374-
211 -001 through -011, -015 through -019 from C1 Neighborhood Commercial to L
Lakeshore; and
Portions of Assessor's Parcel Nos. 375 - 250 -001 through -004, -007 through -
019, -022 through -033, -036 through -039 from R3 High Density Residential to L
Lakeshore; and
Assessor's Parcel Nos. 375 - 112 -001 through -009; 375 - 190 -001 through -023
and a portion of -024; portions of 375 - 240 -001 through -006, -008, -009, -013, -014; -
010 through -012; portions of Assessor's Parcel Nos. 375 - 250 -001 through -004, -007
through -019, -022 through -033, -036 through -039; 375 - 350 -005 through -009, -012
through -023, -057 and -058; 374 - 212 -001 through -011, -015 through -019; 374 -311-
001 through -020; and 374 - 312 -001 through -022 from R Recreation to L Lakeshore;
As shown on Exhibit 'E.'
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PLANNING COMMISSION RESOLUTION NO. 2014 -
PAGE 5 of 5
PASSED, APPROVED, AND ADOPTED on the second day of September, 2014.
John Gray, Chairman
City of Lake Elsinore Planning Commission
ATTEST:
Richard J. MacHott, LEED Green Associate
Planning Manager
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF LAKE ELSINORE )
I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2014- was adopted at a regular meeting of the
Planning Commission of the City of Lake Elsinore on the eighteenth day of November,
2014, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Richard J. MacHott, LEED Green Associate
Planning Manager
Ln
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LAI LSIN,01 F
October 1, 2014
Affix mailing label here
Dear Property Owner
You are receiving this letter because you own one or more properties within the Lake Edge District of the
General Plan. The updated General Plan, adopted on December 13, 2011, established a designation on
your property that requires a change in zoning should you wish to develop the property in the future. The
City has undertaken the "Consistency Zoning Project" that will rezone your property to make its zoning
consistent with its General Plan designation. Zoning determines what uses are allowed and what
development standards apply. The Consistency Zoning Project is City - initiated, and is free of charge to
property owners.
We invite you to attend a Community Meeting where City Staff will present a new proposed L - Lakeshore
Zone for properties designated by the General Plan as "Lakeside Residential," as well as a draft of the
"Shorefront Guide to Lake Stewardship" which details how best to approach development along the Lake.
Staff will discuss all proposed zone changes for the Lake Edge District and provide detailed information
on each proposed zone. We welcome any concerns you may have. We will answer all questions, if not at
the meeting, then in a follow -up phone call from Staff.
The Community Meeting will be held
Date: Thursday evening, October 23, 2014
Time: 5:00 p.m.
Location: Lake Elsinore Cultural Center
183 North Main Street, Lake Elsinore, California, 92530
We anticipate a public hearing before the City Planning Commission regarding this Consistency Zoning
Project before the end of this year, followed by a public hearing before the City Council shortly thereafter.
A Notice of Public Hearing will appear in the Press - Enterprise newspaper, on the City's website, and
posted at City Hall prior to the actual date of each hearing.
If you cannot attend the meeting on October 23rd we encourage you to visit the City's website at
www.lake- elsinore.org to learn more about the Consistency Zoning Project, Phase V. Information will be
posted on Tuesday, October 7, 2014. You can also call the Planning Division and speak to Carole
Donahoe, the Project Planner for Consistency Zoning, at (951) 674 -3124 Ext. 287 or Richard MacHott,
Planning Manager at (951) 674 -3124 Ext. 209. Please use the Assessor Parcel Number printed on your
address label when inquiring about your property for faster service.
Sincerely,
Carole K. Donahoe, AICP
Planning Consultant to the City of Lake Elsinore
951.674.3124
130 S. MAIN STREET
LAKE ELSINORE, CA 92530
W W W.LAKE- ELSINORE.ORG
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Zone Code Amendment No. 2013 -02 q R A F T August 21, 2073
A. "Frontage" shall mean the maximum width of the shoreline within the bounds of a
specific residential property.
B. "Litter" shall include, but not be limited to, willful or negligent throwing, dropping,
placing, depositing, or sweeping, or causing any such acts, of any waste matter or
materials on any land or water in other than specified approved storage /waste
containers, as so designated.
C. "Plot plan" shall mean a diagram showing the proposed placement of the house,
structure or dock in relation to existing features of the property and adjacent
properties, including property lines, street right -of -way, and driveway access.
D. "Private encroachment" shall include, but not be limited to, any and every person who
willfully or negligently commits a trespass by any of the following acts:
1. Enters upon any private land owned by any other person.
2. Any person entering upon any private land not owned by that person.
3. Entering upon any land owned by another or not by that person, whether
posted or not by any person.
4. Entering upon any land owned by another or not by that person, posted or
not, whether unenclosed or enclosed by prohibitive /restrictive entrance, by
any person.
E. "Shoreline" shall mean the line at which the Lake's water surface comes into contact
with dry land. The shoreline will move as water levels change.
F. Vehicle, Illegal parking thereof. Vehicle shall be defined as outlined within the State of
California Vehicle Code. illegal parking shall include, but not be limited to, any person(s)
in control of a vehicle, who willfully or negligently commits a parking violation by any of
the following acts:
1. A vehicle which has entered upon /in or onto any private land, owned by
another or not owned by that person, posted or not, whether unenclosed or
enclosed by prohibitive /restricted entrance;
2. A vehicle, which has entered upon /in /along or onto any public lands, streets
or rights -of -way, that is posted in verbiage, stating, "No Parking, Stopping or
Standing — Tow Away Zone," or as prescribed by law, including State
highways.
17.94.040 �. , —00' ,. K
Uses permitted in the Lakeshore District shall be as follows:
A. Custom, occupied single - family residences in accordance with Section 17.94.083,
B. Existing occupied single- family residences and existing operating businesses consistent
with this Chapter.
C. Hiking and bicycle trails/tracks
l y �_
✓?r4- ti` /r` ��''djr.1 �",+�.d�4"r it"'�1�,..� ,��.�• � f. fti.+' °Yt•`,!irr, '`� �':c '('1.�✓"�f „if.
Zone Code Amendment No. 2013 -02 D R A F T
August 21, 2013
D. Jet ski and boat rentals.
Overnight camping is limited to authorized /established private facility, per City
Ordinances Nos. 410 and 430; and registered private owners, by approved special
camping permit, issued by the City �� or night, shall be rofbited
and shall be enforced as provided herein.�+r,,���, ,. fx`tc.
Residential private boat docks for private pleasure craft, subject to the lssuan e of a �ity
permit. /%y ; %l I5 ,rl*"'f/"' y � "' ',"" M Y '� ' > .'� S rays *� rr [ ( >rr ��r,
G. Publicly owned park, in conformance with the Lake Elsinore General Plan. f
H. Restaurants
17.94.050
The following uses are allowed in the Lakeshore District provided a conditional use
permit has been granted by the Planning Commission after notice and public hearing are
properly conducted. Any use approved as a CUP shall conform to the General Plan and
requirements for scenic corridors.
A. Athletic fields
B. Campgrounds and picnic grounds in compliance with California Code, Title 25.
C. Recreational vehicle /trailer parks in compliance with California Code, Title 25
D. Hotels, bed and breakfast establishments, inns, rental cottages, and lodging
facilities.
E. Other retail uses as deemed similar to the above - mentioned uses by the Planning
Commission.
F. Playgrounds
G'. Tennis courts
17.94.060 Prohibited uses
Any use not specifically listed as allowed, by ownership right as a permitted /conditional
use or special permit, are prohibited. The following uses are specifically prohibited:
A. Off -site advertising structures
B. Stand - alone, for -fee parking lots which are not an accessory use.
C. Storage of any kind unless connected with existing occupied residential dwellings
and consistent with all applicable City codes.
D. Unauthorized vending /peddling and selling.
17.94.070 Violations
It shall be unlawful to litter, commit private encroachment, illegally park a vehicle, all as
defined herein, or to utilize property in a manner prohibited by the LEMC Section 17.94.060.
Violations of this chapter shall be treated as an infraction offense for the first two of any such
3
Zone Code Amendment No, 2013 -02 D R A F T August 21, 2013
violations, and any subsequent violation may be treated and charged as either an infraction or a
misdemeanor as determined by the court.
17.94,080 Development standards
I huh /A-�Ov y
Yo r 1i✓�Y a�s � - /D�:
Minimum yard setback requirements are as follows;
1. All uses shall maintain a minimum setback of 30 feet from Lakeshore Drive,
2, Side yard setback shall be five feet.
3. Rear yard setback shall be established by the Planning Commission on a case -by-
case basis.
D. Fences may be erected within the Lakeshore District subject to approval of
architectural theme determined by the Planning Commission,
E, Fences within the Lake at 1,255 foot mean sea level or lower shall not be
permanent, and shall be removed when the lakebed rises.
F. Properties with tree stumps or dead trees shall comply with the LEMC.
G. Access to any use must be approved by the Planning and Engineering Divisions
based upon:
1. Safety of approach
2. Adequate facilities provided
3. Conformance with requirements as listed In the LEMC.
H. Development shall adhere to the provisions of LEMC Chapter 15.64 - Flood Damage
Prevention, and Chapter 15.68 — Floodplain Management. Additionally, property
owners are subject to provide a flood easement to the City.
1,. Development applicants shall have a soils report prepared and receive City Engineer
approval prior to construction on the property. The soils report shall identify County
Fault Zones if present on the property,
J, Utilities shall be required to be underground in accordance with Chapter 16.64 of
the LEMC,
17.94,083 Custom Single Family Homes Development Standards
A. New homes shall have an orientation and accessibility to the Lake for private use only,
Residential densities for new subdivisions shall not exceed one (1) dwelling
unit _er
'. %a. t� /fl0 p
Lot coverage shall be calculated on the area of the property remaining above the
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Zone Code Amendment No. 2013 -02 D R A F T August 21, 2013
D. Development shall provide scenic vistas between homes, for the enjoyment of
pedestrians as well as local residences. Fencing shall be topped with wrought iron or
glass. Yard landscaping shall be low- growing.
E. Development shall meet all traffic safety and circulation requirements for this area,
which may require additional design and engineering,
17.94.090 Parking
Parking shall be allowed in conjunction or maintained in accordance with LEMC
17.94.040, 17.94.050 and 17.94.080, in addition to meeting all other City codes. No other
parking shall be permitted and is prohibited as defined within LEMC 17.94.030 (X). Violations
shall be enforced as herein provided.
17.94.100 Materials to be submitted
In addition to all materials and procedures required by the City's subdivision, zoning,
building and grading regulations, and environmental review procedures applicable to lake
shoreline development projects falling within the scope of this chapter, the following
application materials shall be required to be submitted for lake shoreline development
projects:
A. A plot plan reflecting the proposed project including representations of property
lines, all records and proposed property lines, all recorded and proposed easements,
and public rights -of -way.
B. A topographical map of the project site and adjacent terrain located within 150 feet
of the project boundaries.
C. A complete grading plan for the project.
D. A landscaping plan which shall accurately show the final disposition of all existing
trees on the project site and the type and extent of proposed vegetation.
E. If the development project is within an area of special flood hazard, developer shall
also submit a properly executed flood hazard deed notification document, which
shall be recorded by the City to provide constructive notice to all future purchasers
and encumbrances concerning the flood hazard.
17.94.110 Nonconforming uses.
Any structure or use within the Lakeshore District which does not comply with the
provisions of this chapter, but which is legally in existence, shall upon such date acquire the
status of a lawfully nonconforming structure or use, subject to all Municipal Codes and
ordinances.
A. Unoccupied structures and buildings subject to LEMC 15.08.020.
5
Zone Code Amendment No. 2013 -02 D R A F T
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August 21, 2013
a 2x unless a conditional use permit is granted. oni year is given to bring
into conformance with all City odes and State of California, itle 25. ",
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Foundations, walls and other concrete structures, not used, f r retaining.purposes,r:,`�
not in conjunction or necessary with existing or devel ped pf erty, shall b ''�
removed within six months.t
,storage structures, storage of materials, hailers, vehicles and boats
t rre prc h� ited unless stored in a legal
s V Ma S y ' C\mancordance with City codes.��
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f E. Stumps and dead trees shall be removed immediately.
F
N Refuse materials shall be removed immediately. f f �
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17.94.120 Enforcement authority, ' `� j u �
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The City's Law Enforcement Agency and Code Enforcemment Officers are appointed
inspectors that ensure compliance with all provisions herein and have the right to enter free of
change, at any time, upon any place or parcel of land, to investigate and determine compliance v
and /or to enforce and perform all the regulatory provisions of LEMC 17.94.010 through 444
17.94.140. 4"A /,r X .'
In addition, the Code Enforcement Officers are hereby empowered .to issue written , "Y �e'�
citations / trespassers, to tres assers, persons who litter and illegally parked vehicle- violators, as '
defined in LEMC 17.94.030(A), (B) and (D), whether the violator is physically present or not,
found within the areas as defined within lemc 17.94.020; these violations shall constitute a
prima fascia presumption that the trespasser, person who litters, and last registered owner of
record of vehicle, not having complied with the provisions of LEMC 17.94.030(A), (B), and (D). is
responsible for such and is thereby liable for the cost of a fine as imposed and established
hereafter.
17.94.130 Imposition of fines.
Any person or registered owner in control of a vehicle found in violation of any
provisions herein defined and described shall be fined with the following schedule;
A. Littering. Any person found in violation of littering shall be fined $50.00 for the first
offense, $100.00 for the second offense, and each additional offense may be treated
and charged as either an infraction or a misdemeanor by the court.
B. Private Encroachment. Any person found in violation of private encroachment shall
be fined $50.00 for the first offense, $100.00 for the second offense, and each
additional offense may be treated and charged as either an infraction or a
misdemeanor as determined by the court.
C. Illegal Parked Vehicle. A minimum fine of $15.00 shall be set for vehicle(s) found in
violation.