HomeMy WebLinkAboutOrd. No. 2015-1331ORDINANCE NO. 2015 -1331
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING 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, on November 18, 2014 at a duly noticed public hearing the Planning
Commission considered evidence presented by the Community Development
Department and other interested parties with respect to this item; and made its
recommendation in favor of Zoning Code Amendment No. 2013 -02 by unanimously
adopting Planning Commission Resolution No. 2014 -43 recommending to the City
Council approval of Zoning Code Amendment No. 2013 - -02; and
WHEREAS, on January 27, 2015 at a duly noticed public hearing, the City
Council has considered the recommendation of the Planning Commission as well as
evidence presented by the Community Development Department and other interested
parties with respect to this item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council 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
CITY COUNCIL ORDINANCE NO. 2015 -1331
Page 2 of 3
goals and policies of the Lake Elsinore General Plan and the Lake Elsinore Municipal
Code.
SECTION 2. That in accordance with the California Planning and Zoning Law
and the Lake Elsinore Municipal Code, the City Council 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 City Council hereby approves of Zoning Code Amendment
No. 2013 -02, incorporating the amendment into the Lake Elsinore Municipal Code as
shown on Exhibit 'A' attached herein.
SECTION 4. If any provision, clause, sentence or paragraph of this Ordinance or
the application thereof to any person or circumstance shall be held invalid, such
CITY COUNCIL ORDINANCE NO. 2015 -1331
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invalidity shall not affect the other provisions of this Ordinance and are thereby declared
to be severable.
SECTION 5. 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.
APPROVED AND INTRODUCED at a regular meeting of the City Council of the
City of Lake Elsinore, California, on the 27th day pyJanuary 2015 and adopted at the
regular meeting of the 10th of February 201 V - //-)
Mayor
ATTEST:
rgini oom, Ci y Clerk
APPROVED AS TO
Zeid L&old, City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify
that Ordinance No. 2015 -1331 was introduced at the regular City Council
meeting of January 27, 2015, and adopted at the regular meeting of February 10,
2015, by the following roll call vote:
AYES: Council Member Magee, Council Member Johnson, Council
Member Hickman, Mayor Pro Tern Tisdale, and Mayor Manos
NOES: None
ABSENT: None
ABSTAIN: None n
Clerk
EXHIBIT 'A'
Zoning Code Amendment No. 2013 -02
For Lakeshore (L) Zoning District
Chapter 17.20
Sections:
17.20.010
Purpose
17.20.020
Zoning District area boundaries
17.20.030
Definitions for the purposes of this title.
17.20.040
Permitted uses
17.20.050
Conditional uses
17.20.060
Prohibited uses
17.20.070
Violations
17.20.080
Development standards
17.20.090
Parking
17.20.100
Application materials to be submitted
17.20.110
Nonconforming uses
17.20.120
Enforcement authority
17.20.130
Imposition of fines
17.20.140
Administrative appeal process
17.20.150
Interpretation of this chapter
17.20.010 Purpose
The purpose of the Lakeshore District is to ensure that retention of certain water areas
and shoreline areas with water - oriented activities are in conformance with the Lake Elsinore
General Plan. Additionally, its purpose is to implement the relevant General Plan programs and
provide enforcement for violators thereof as herein defined.
17.20.020 Zoning District area
The Lakeshore District zone 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
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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 (OHWM)" shall mean a point that represents 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 upper limits of Federal jurisdiction over
non -tidal water bodies or traditional navigable waters of the United States, subject to
the public's use, such as boating. Typically, private property owner rights become
secondary to the overriding public rights and public safety in the water resource. It is
used by the U.S. Army Corps of Engineers ( USACE), the Environmental Protect Agency,
and other Federal agencies to determine the geographical extent of their regulatory
programs. The OHWM is used throughout the nation as the standard to limit shoreline
development. Typically, no permanent structures are permitted to be constructed
below the OHWM, including fences.
The OHWM for Lake Elsinore, as of the adoption of this ordinance, is 1.255' MSL. (It was
reestablished and lowered by the USACE from 1,260'MSL on March 21, 2008).
E. "Plot plan" shall mean a diagram showingthe 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.
F. "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.
G. "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.
H. 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)
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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.
17.20.040 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 the Lake Elsinore General Plan.
G. Restaurants
17.20.050 Conditional uses
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.
C. Recreational vehicle /trailer parks.
D. Hotels, bed and breakfast establishments, inns, rental cottages, and lodging
facilities.
E. Other retail uses that are limited, small scale, and that serve recreational uses, as
deemed similar to the above - mentioned uses by the Director of Community
Development.
F. Playgrounds
G. Tennis courts
H. Structures exceeding the maximum height permitted by LEMC 17.20.080.
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17.20.060 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.
17.20.070 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 17.20.060.
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 a minimum six thousand square foot
(6,000 s. f.) lot area.
B. Residential densities for new subdivisions shall not exceed one (1) dwelling unit per
10,000 square feet.
C. Any new subdivision of property shall provide a minimum of sixty (60) linear feet lot
width.
D. Minimum yard setback requirements are as follows:
1. All uses shall maintain a minimum setback of twenty feet (20') from Lakeshore
Drive.
2. Side yard setback shall be five feet (5').
3. Rear yard setback shall be established by the Planning Commission on a case -by-
case basis.
E. Except as otherwise provided by LEMC 17.20.050, building height shall be a
maximum of thirty feet (30').
F. Fences may be erected within the Lakeshore District subject to approval of
architectural theme determined by the Planning Commission.
G. 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.
H. Properties with tree stumps or dead trees shall comply with the LEMC Sections
5.120.130 and 5.120.120.
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I. 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.
J. 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.
K. 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.
L. Utilities shall be required to be underground in accordance with Chapter 16.64 of
the LEMC.
M. 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. Lot coverage shall be calculated on the area of the property remaining above the
"Ordinary High Water Mark," and the maximum of all structures shall be fifty percent.
C. 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.
D. Development shall meet all traffic safety and circulation requirements for this area,
which may require additional design and engineering.
E. Development shall support public access to the Lake in accordance with the goals and
policies of the General Plan.
F. As required by LEMC Chapter 17.148, parking requirements for single - family homes,
shall be two spaces per dwelling unit in a garage, plus two open spaces, which may be
located in the driveway in a tandem position, in front of the garage door. In lieu of the
two open spaces in the driveway, one open space per dwelling unit may be provided
elsewhere on the lot. Additionally, carports may be allowed in lieu of the required
garage, provided a Minor Design Review has been approved or conditionally approved
by the Community Development Director or designee pursuant to the provisions of
LEMC Section 17.184.110.
G. Accessory uses for residential homes shall be permitted in accordance with Section
17.76.040 (R1 Zone Accessory Uses and Structures).
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17.20.090 Parking
Parking shall be allowed in conjunction or maintained in accordance with LEMC
17.20.040, 17.20.050 and 17.20.080, in addition to meeting all other City codes. No other
parking shall be permitted and is prohibited as defined within LEMC 17.20.030(H). Violations
shall be enforced as herein provided.
17.20.100 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.
17.20.110 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.
B. Campgrounds, unless a conditional use permit has been granted, shall upon change
of ownership or expansion, be brought into conformance with all City codes and
State of California, Title 25, within one year of the change of ownership or during the
expansion of the campgrounds. A family trust or inheritance is not considered a
change of ownership for the purposes of this provision.
C. Foundations, walls and other concrete structures, not used for retaining purposes,
not in conjunction or necessary with existing or developed property, shall be
removed within six months.
D. Open storage, storage structures, storage of materials, trailers, vehicles and boats
not related to existing residential structures are prohibited unless stored in a legal
manner in accordance with City codes.
E. Stumps and dead trees shall be removed immediately.
F. Refuse materials shall be removed immediately.
17.20.120 Enforcement authority.
The City's Law Enforcement Agency and Code Enforcement Officers are appointed
inspectors that ensure compliance with all provisions herein and have the right to enter free of
charge, at anytime, upon any place or parcel of land, to investigate and determine compliance
and /or to enforce and perform all the regulatory provisions of LEMC 17.20.010 through
17.20.140.
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 17.20.030(C), (F) and (H), whether the violator is physically present or not,
found within the areas as defined within LEMC 17.20.020; 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 17.20.030(C), (F) and (H) 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 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.
17.20.140 Administrative appeal.
A. Any person aggrieved by or dissatisfied with the provisions of this chapter may file a
written appeal to the City Council as per City codes and ordinances.
B. Any person aggrieved by or dissatisfied with the enforcement of this chapter may
appeal to the Municipal Court as structured within due process of California law.
17.20.150 Liberal construction— Conflict.
The provisions of this chapter shall be liberally construed to effectuate their purposes. If
there is a conflict between this chapter and any other provisions of the Municipal Code, the
provisions of this chapter shall prevail.
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