HomeMy WebLinkAboutOrd. Nos 1999-1042-1056
ORDINANCE NO. 1042
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
RESCINDING EXISTING TITLE 14.04 OF THE LAKE ELSINORE MUNICIPAL CODE
AND ADDING A NEW TITLE 14.04 TO SAID CODE WHICH SHALL BE KNOWN AS
THE "SURFACE MINING AND RECLAMATION CHAPTER" AND REPEALING ALL
ORDINANCES IN CONFLICT THEREWITH.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ORDAINS AS FOLLOWS:
SECTION ONE:
WHEREAS, the City Council hereby finds and declares that the extraction of
minerals is essential to the continued economic well-being of the City and to the needs of
society, and the reclamation of mined lands is necessary to prevent or minimize adverse
effects on the environment and to protect the public health and safety; and
WHEREAS, the City Council further finds that the reclamation of mined lands as
provided in this Ordinance will permit the continued mining of minerals and will provide for
the protection and subsequent beneficial use of the mined and reclaimed land, by
ensuring that the land is returned to a usable condition which is readily adaptable for
alternative land use; and
WHEREAS, the City Council further finds that surface mining takes place in
diverse areas where the geologic, topographic, climatic, biological, and social conditions
are significantly different, and reclamation operations and the specifications therefore may
vary accordingly; and
WHEREAS, the City Council further finds that the production and conservation of
minerals should be encouraged while giving consideration to values relating to
groundwater supply, recreation, watershed, wildlife, range and forage, and aesthetic
enjoyments; and
WHEREAS, the City Council further finds that it is necessary to regulate the
conduct of surface mining operations to ensure that such operations are not detrimental
to existing or future land uses and to protect the public health, safety, and general
welfare, as shown in Exhibit "A".
SECTION TWO:
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If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by the decision of a court of competent
jurisdiction, it shall not affect the remaining portions of this Ordinance.
SECTION THREE:
This Ordinance shall take effect thirty (30) days following its adoption.
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INTRODUCED AND PASSED UPON FIRST READING this 26th day of January
, 1999. upon the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: . COUNCILMEMBERS:
ABSTENTIONS: COUNCILMEMBERS:
BRINLEY, METZE, PAPE, KELLEY
NONE
VACANT
NONE
PASSED, APPROVED, AND ADOPTED UPON SECOND READING this 9th
day of ~, 1999 upon following role call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTENTIONS: COUNCILMEMBERS:
BRINLEY, METZE, PAPE, KELLEY
NONE
VACANT
NONE
ATTEST:
/;/-.) /.
~&21.iL X :"'/7
,~r1le Kelley, Mayor 7 .
~i ~~
Vicki ynnKa~ty Clerk
APPROVED AS TO FO M AND LEGALITY:
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY
CERTIFY that the foregoing Ordinance was read by title only for adoption on January 26, 1999, and
passed on February 9, 1999, by the following roll call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, METZE, P APE, KELLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
VACANT
ABS:r AIN:
COUNCILMEMBERS:
NONE
,-
~~J/ I
VICKI KASA~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 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy
of Ordinance No. 1042 of said Council, and that the same has not been amended or repealed.
DATED: February 11, 1999
2l~Q-)/ ~
"\ ICitlhSA~"-CLERK
CITY OF LAKE ELSINORE
(SEAL)
EXHIBIT "A"
TITLE 14.04
SURFACE MINING AND RECLAMATION CHAPTER
SECTION 14.04.010 - TITLE: Chapter 14.04 of the Lake Elsinore Municipal Code
shall be known as the Surface Mining and Reclamation Chapter and shall supersede any
previous Surface Mining and Reclamation Chapters.
SECTION 14.04.020 - PURPOSE AND INTENT: The intent of this Chapter is to
ensure the continued availability of important mineral resources, while regulating surface
mining operations as required by California's Surface Mining and Reclamation Act of
1975 (Public Resources Code Sections 2710 et seq.), as amended, hereinafter referred
to as "SMARA", Public Resources Code (PRC) Section 2207 (relating to annual reporting
requirements), and State Mining and Geology Board regulations (hereinafter referred to
as "State regulations") for surface mining and reclamation practice (California Code of
Regulations [CCR], Title 14, Division 2, Chapter 8, Subchapter 1, Sections 3500 et seq.),
to ensure that:
(A) Adverse environmental effects are prevented or minimized and that mined
lands are reclaimed to a usable condition which is readily adaptable for
alternative land uses.
(B) The production and conservation of minerals are encouraged, while giving
consideration to values relating to recreation, watershed, wildlife, range and
forage, and aesthetic enjoyment.
(C) Residual hazards to the public health and safety are eliminated.
SECTION 14.04.030 - DEFINITIONS: As used in this Chapter, the following
terms shall have the following meanings:
(A) Area of Regional Significance. An area designated by the State Mining and
Geology Board which is known to contain a deposit of minerals, the extraction
of which is judged to be of prime importance in meeting future needs for
minerals in a particular region of the State within which the minerals are
located and which, if prematurely developed for alternate incompatible land
uses, could result in the premature loss of minerals that are of more than local
significance.
(B) Area of Statewide Significance. An area designated by the Board which is
known to contain a deposit of minerals, the extraction of which is judged to be
of prime importance in meeting future needs for minerals in the State and
which, if prematurely developed for alternate incompatible land uses, could
result in the permanent loss of minerals that are of more than local or regional
significance.
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(C) Borrow Pits. Excavations created by the surface mining of rock,
unconsolidated geologic deposits or soil to provide material (borrow) for fill
elsewhere.
(D) City. The City of Lake Elsinore.
(E) Commission. The Planning Commission of the City of Lake Elsinore.
(F) Community Develooment Department. The Planning Division, Engineering
Division, and Building and Safety Division.
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(G) Compatible Land Uses. Land uses inherently compatible with mining and/or
that require a minimum public or private investment in structures, land
improvements, and which may allow mining because of the relative economic
value of the land and its improvements. Examples of such uses may include,
but shall not be limited to, very low density residential, geographically
extensive but low impact industrial, recreational, agricultural, silvicultural,
grazing, and open space.
(H) Council. The City Council of the City of Lake Elsinore.
(I) Director. The Community Development Director of the City of Lake Elsinore,
or designee.
(J) Exoloration. The search for minerals by geological, geophysical, geochemical
or other techniques, including, but not limited to, sampling, assaying, drilling, or
any surface or underground works needed to determine the type, extent, or
quantity of minerals present.
(K) Haul Road. A road along which material is transported from the area of
excavation to the processing plant or stock pile area of the surface mining
operation.
(L) Idle. Surface mining operations curtailed for a period of one year or more, by
more than 90 percent of the operation's previous maximum annual mineral
production, with the intent to resume those surface mining operations at a
future date.
(M) Incomoatible Land Uses. Land uses inherently incompatible with mining
and/or that require public or private investment in structures, land
improvements, and landscaping and that may prevent mining because of the
greater economic value of the land and its improvements. Examples of such
uses may include, but shall not be limited to, high density residential, low
density residential with high unit value, public facilities, geographically limited
but impact intensive industrial, and commercial.
(N) Mined Lands. The surface, subsurface, and ground water of an area in which
surface mining operations will be, are being, or have been conducted,
including private ways and roads appurtenant to any such area, land
excavations, workings, mining waste, and areas in which structures, facilities,
equipment, machines, tools, or other materials or property which result from,
or are used in, surface mining operations are located.
(0) Minerals. Any naturally occurring chemical element or compound, or groups of
elements and compounds, formed from inorganic processes and organic
substances, including, but not limited to, coal, peat, and bituminous rock, but
excluding geothermal resources, natural gas, and petroleum.
(P) Mining Waste. Includes the residual of soil, rock, mineral, liquid, vegetation,
equipment, machines, tools, or other materials or property directly resulting
from, or displaced by, surface mining operation.
(Q) Operator. Any person who is engaged in surface mining operations, or who
contracts with others to conduct operations on his/her behalf, except a person
who is engaged in surface mining operations as an employee with wages as
his/her sole compensation.
(R) Overburden. Soil, rock, or other materials that lie above a natural mineral
deposit or in between deposits, before or after their removal, by surface mining
operations.
(S) Permit. Any formal authorization from, or approved by the city, the absence of
which would preclude surface mining operations.
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(T) Person. Any individual, firm, association, corporation, organization, or
partnership, or any city, county, district, or the state or any department or
agency thereof.
(U) Prospecting. See "exploration."
0/) Reclamation. The combined process of land treatment that minimizes water
degradation, air pollution, damage to aquatic or wildlife habitat, flooding,
erosion, and other adverse effects from surface mining operations, including
adverse surface effects incidental to underground mines, so that mined lands
are reclaimed to a usable condition which is readily adaptable for altemate
land uses compatible with Zoning and the General Plan and create no danger
to public health or safety. The process may extend to affected lands
surrounding mined lands, and may require backfilling, grading, resoHing,
revegetation, soil compaction, stabilization, or other measures.
(W) State Board. State Mining and Geology Board, in the Department of
Conservation State of California.
(X) State Geologist. Individual holding office as structured in Section 677 of
Article 3, Chapter 2 of Division 1 of the Public Resources Code.
(Y) Stream Bed Skimming. Excavation of sand and gravel from stream bed
deposits above the mean summer water level or stream bottom, whichever is
higher.
(Z) Surface Mining Operations. All, or any part of, the process involved in the
mining of minerals on mined lands by removing overburden and mining directly
from the mineral deposits, open-pit mining of minerals naturally exposed,
mining by the auger method, dredging and quarrying, or surface work incident
to an underground mine. Surface mining operations include, but are not limited
to, inplace distillation or retorting or leaching, the production and disposal of
mining waste, prospecting and exploratory activities, borrow pitting, streambed
skimming, and segregation and stockpiling of mined materials (and recovery of
same ).
(AA) Use. The beginning of a substantial surface mining operation that is
authorized, which construction must thereafter be pursued diligently to
completion.
SECTION 14.04.040 - INCORPORATION BY REFERENCE: The provisions of
SMARA (PRC ~2710 et seq.), PRC Section 2207, and State regulations CCR ~3500 et
seq., as those provisions and regulations may be amended from time to time, are made a
part of this Chapter by reference with the same force and effect as if the provisions
therein were specifically and fully set out herein, excepting that when the provisions of
this Chapter are more restrictive than correlative State provisions, this Chapter shall
prevail.
SECTION 14.04.050 - SCOPE: Except as provided in this Chapter, no person
shall conduct surface mining and quarrying operations unless a permit for Surface Mining,
Reclamation Plan, and financial assurances for reclamation have first been approved by
the City. Any applicable exemption from this requirement does not automatically exempt a
project or activity from the application of other regulations, chapters or policies of the City,
including but not limited to, the application of CECA, the requirement of a Conditional Use
Permit, Surface Mining Permit, or other permits, the payment of development impact fees,
or the imposition of other dedications and exactions as may be permitted under the law.
The provisions of this Chapter shall apply to all lands within the City, public and private.
This Chapter shall not apply to the following activities, subject to the above-
referenced exceptions:
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(A) Excavations or grading conducted for farming or on-site construction or for the
purpose of restoring land following a flood or natural disaster.
(B) Onsite excavation and onsite earthmoving activities which are an integral and
necessary part of a construction project that are undertaken to prepare a site
for construction of structures, landscaping, or other land improvements,
including the related excavation, grading, compaction, or the creation of fills,
road cuts, and embankments, whether or not surplus materials are exported
from the site, subject to all of the following conditions:
(1) All required permits for the construction, landscaping, or related land
improvements have been approved by a public agency in
accordance with applicable provisions of state law and locally
adopted plans and chapters, including, but not limited to, the
California Environmental Quality Act ("CEQA", Public Resources
Code, Division 13,921000 et seq.).
(2) The City's approval of the construction project included consideration
of the onsite excavation and onsite earthmoving activities pursuant
to CEQA.
(3) The approved construction project is consistent with the General
Plan or Zoning for the site.
(4) Surplus materials shall not be exported from the site unless and until
actual construction work has commenced and shall cease if it is
determined that construction activities have terminated, have been
indefinitely suspended, or are no longer being actively pursued.
(C) Operation of a plant site used for mineral processing, including associated
onsite structures, equipment, machines, tools, or other materials, including the
onsite stockpiling and onsite recovery of mined materials, subject to all of the
following conditions:
(1) The plant site is located on lands designated for industrial or
commercial uses in the City's General Plan.
(2) The plant site is located on lands zoned industrial or commercial, or
are contained within a zoning category intended exclusively for
industrial activities by the City.
(3) None of the minerals being processed are being extracted onsite.
(4) All reclamation work has been completed pursuant to the approved
Reclamation Plan for any mineral extraction activities that occurred
onsite after January 1, 1976.
(D) Prospecting for, or the extraction of, minerals for commercial purposes and the
removal of overburden in total amounts of less than 1 ,000 cubic yards in any
one location of one acre or less.
(E) Surface mining operations that are required by federal law in order to protect a
mining claim, if those operations are conducted solely for that purpose.
(F) Any other surface mining operations that the State Mining and Geology Board
and the City determine to be of an infrequent nature and which involve only
minor surface disturbances.
(G) The solar evaporation of sea water or bay water for the production of salt and
related minerals.
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(H) Emergency excavations or grading conducted by the Department of Water
Resources or the Reclamation Board for the purpose of averting, alleviating,
repairing, or restoring damage to property due to imminent or recent floods,
disasters, or other emergencies.
(I) Road construction and maintenance for timber or forest operations if the land
is owned by the same person or entity, and if the excavation is conducted
adjacent to timber or forest operation roads. This exemption is only available if
slope stability and erosion are controlled in accordance with Board regulations
and, upon closure of the site, the person closing the site implements, where
necessary, revegetation measures and post-closure uses in consultation with
the Department of Forestry and Fire Protection. This exemption does not
apply to onsite excavation or grading that occurs within 100 feet of a Class
One watercourse or 75 feet of a Class Two watercourse, or to excavations for
materials that are, or have been, sold for commercial purposes.
SECTION 14.04.060. VESTED RIGHTS: No person who obtained a vested right
to conduct surface mining operations prior to January 1, 1976, shall be required to secure
a permit to mine, so long as the vested right continues and as long as no substantial
changes have been made in the operation except in accordance with SMARA, State
regulations, and this Chapter. Where a person with vested rights has continued surface
mining in the same area subsequent to January 1, 1976, she / he shall obtain City
approval of a Reclamation Plan covering the mined lands disturbed by such subsequent
surface mining. In those cases where an overlap exists (in the horizontal and/or vertical
sense) between pre- and post-Act mining, the Reclamation Plan shall call for reclamation
proportional to that disturbance caused by the mining after the effective date of the Act
(January 1, 1976).
All other requirements of State law and this Chapter shall apply to vested mining
operations.
SECTION 14.04.070 - PROCESS:
(A) Applications for the Surface Mining Permit and Reclamation Plan process shall
be made on forms provided by the Community Development Department. Said
application shall be filed in accord with this Chapter and procedures
established by the Director, or designee. The forms for Surface Mining Permit
and Reclamation Plan applications shall require, at a minimum, each of the
elements required by SMARA (992772-2773) and State regulations, and any
other requirements deemed necessary to facilitate an expeditious and fair
evaluation of the proposed permit for Surface Mining and Reclamation Plan, to
be established at the discretion of the Director, or designee.
(B) Twenty (20) sets of copies of a Surface Mining and Reclamation Plan shall be
submitted in conjunction with all necessary information for Permit approvals for
surface mining operations. For surface mining operations that are exempt
from a Permit approval pursuant to this Chapter, the Reclamation Plan
application shall include information conceming the mining operation that is
required for processing the Reclamation Plan. All documentation for the
Reclamation Plan shall be submitted to the City at one time.
(C) Applications shall include all required environmental review forms and
information prescribed by the Director, or designee.
(D) Upon completion of the environmental review procedure and filing of all
documents required by the Community Development Director, or designee,
consideration of the Surface Mining Permit and/or Reclamation Plan for the
proposed or existing surface mine shall be completed pursuant to Title 14.04
of the Lake Elsinore Municipal Code at a public hearing before the Planning
Commission, and pursuant to Section 2774 of the Public Resources Code.
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(E) Within thirty (30) days of acceptance of an application for approval for Surface
Mining operations and/or a Reclamation Plan as complete, the Community
Development Department shall notify the State Department of Conservation of
the filing of the application(s). Whenever mining operations are proposed in
the 100.year flood plain of any stream, as shown in Zone A of the Flood
Insurance Rate Maps issued by the Federal Emergency Management Agency,
and within one mile, upstream or downstream, of any state highway bridge,
the Community Development Department shall also notify the State
Department of Transportation that the application has been received.
(F) The Community Development Department shall process the application(s)
through the environmental review process pursuant to the California
Environmental Quality Act (CEQA) (Public Resources Code Sections 21000 et
seq.).
(G) Subsequent to the appropriate environmental review, the Community
Development Department shall prepare a staff report with recommendations
for consideration by the Planning Commission.
(H) The Planning Commission shall hold at least one noticed public hearing on the
requested Surface Mining Permit and Reclamation Plan, pursuant to the
requirements of Section 17.92 of the Lake Elsinore Municipal Code.
(I) Prior to final approval of a Reclamation Plan, financial assurances (as
provided in this Chapter), or any amendments to the Reclamation Plan or
existing financial assurances, the Planning Commission shall certify to the
State Department of Conservation that the Reclamation Plan and/or financial
assurance complies with the applicable requirements of State law, and submit
the plan, assurance, or amendments to the State Department of Conservation
for review. The Planning Commission may conceptually approve the
Reclamation Plan and financial assurance before submittal to the State
Department of Conservation. If a Surface Mining Permit is being processed
concurrently with the Reclamation Plan, the Planning Commission may
simultaneously also conceptually approve the Surface Mining Permit.
However, the Planning Commission may defer action on the Surface Mining
Permit until taking final action on the Reclamation Plan and financial
assurances. If necessary to comply with permit processing deadlines, the
Planning Commission may conditionally approve the Surface Mining Permit
with the condition that the Community Development Department shall not
issue the Surface Mining Permit for the mining operations until cost estimates
for financial assurances have been reviewed by the State Department of
Conservation and final action has been taken on the Reclamation Plan and
financial assurances.
Pursuant to PRC S2774(d), the State Department of Conservation shall be
given 30 days to review and comment on the Reclamation Plan and 45 days
to review and comment on the financial assurance. The Planning Commission
shall evaluate written comments received, if any, from the State Department of
Conservation during the comment periods. Staff shall prepare a written
response describing the disposition of the major issues raised by the State for
the Planning Commission's approval. In particular, when the Planning
Commission's position is at variance with the recommendations and objections
raised in the State's comments, the written response shall address, in detail,
why specific comments and suggestions were not accepted. Copies of any
written comments received and responses prepared by the Planning
Commission shall be promptly forwarded to the operator/applicant.
(J) The Planning Commission shall then take action to approve, conditionally
approve, or deny the Surface Mining Permit and/or Reclamation Plan, and to
approve the financial assurances pursuant to PRC S2770(d).
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(K) The Community Development Department shall forward a copy of each
approved Surface Mining Permit and/or approved Reclamation Plan, and a
copy of the approved financial assurances to the State Department of
Conservation. By July 1 of each year, the Community Development
Department shall submit to the State Department of Conservation for each
active or idle mining operation a copy of the Surface Mining Permit or
Reclamation Plan amendments, as applicable, or a statement that there have
been no changes during the previous year.
(L) All Reclamation Plans previously adopted shall remain in effect until modified
as provided in the Chapter.
(M) Upon the approval of the permit by the Planning Commission, the Community
Development Department shall issue the approved mining or reclamation
permit. Such permit shall include issuance of a grading permit which shall
allow the permittee to commence operations pursuant to the approved plan.
(N) Any permit that is granted shall be used within one year from the effective date
thereof, or within the time limit that is set in the conditions of approval, which
shall not exceed five years; otherwise, such permit shall be null and void. If,
however, a reclamation permit has been granted which calls for the project to
be completed in stages, then such permit shall renew for an additional one
year term upon the completion of each phase as detailed in the approved
Reclamation Plan.
SECTION 14.04.080 - CONTENTS OF THE SURFACE MINING PLAN: The
Surface Mining Plan shall, to the extent practicable, provide all of the following
information:
(A) The size and legal description of the lands that will be affected by the mining
operations, and a map or maps showing the boundaries and topographic
details of such lands, the location of all streams, roads, railroads, sewage
disposal systems, groundwater basins, water wells, and utility facilities within
500 feet of the site, and the location of all proposed access roads to be
constructed in conducting the surface mining operation;
(B) A description of the general geology of the area, and a detailed description of
the geology of the area in which surface mining is to be conducted, including a
description of depth to groundwater and quality of existing groundwater in the
area;
(C) The anticipated progression of mining operations, including the proposed
dates for the initiation and termination of the operations, and a time frame for
each phase of operations;
(D) A description of and plan for the type of surface mining to be employed,
including the complexity of the operation and the manner and degree to which
the mined lands will be disturbed;
(E) A time schedule that will provide for the completion of surface mining on each
segment of the mined lands so that reclamation can be initiated at the earliest
possible time on those portions of the mined lands that will not be subject to
further disturbance by the surface mining operations;
(F) The maximum anticipated depth of the surface mining operations;
(G) The location of equipment, stockpiles, settling ponds, interim drainage
systems, machinery and wastedumps in areas to be mined and the nature,
quantity and location of any explosives to be stored at the site;
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(H) The nature and extent of any discharge of liquid waste that may occur at the
site, including where applicable, the direction of flow, methods of containment
and potential risk of water and lor groundwater contamination;
(I) The method of handling simultaneous excavation and reclamation if
applicable;
(J) The anticipated type and amount of minerals to be removed from the site and
the truck routes to be used, the amount of mining waste to be retained on the
site, and the amount of mining waste to be disposed off-site, including the
method and location of disposal and the truck routes to be used;
(K) The anticipated hours of operation, the maximum anticipated noise levels
during operating hours, and the location and intensity of any lights to be used
at the site;
(L) The methods of dust control and noise suppression to be employed at the site;
and
(M) The location and design of any structures to be erected at the site.
SECTION 14.04.090 - CONTENTS OF THE RECLAMATION PLAN: Each
Reclamation Plan shall take into account the particular characteristics of the mined lands
and the surrounding area, including types of overburden, soil stability, topography,
geology, climate, stream characteristics, groundwater resources, and principal mineral
commodities, and shall provide at least the following information:
(A) The environmental setting of the operation site and the effect that possible
alternate reclaimed site conditions may have upon the existing and future uses
of surrounding lands;
(8) The methods to be used to reclaim the land including a detailed schedule of
the sequence and timing of all stages of the reclamation;
(C) The manner in which derelict machinery, mining waste and scrap will be
removed from the reclaim site and how contaminants will be controlled;
(0) The manner in which rehabilitation of affected streambed channels and
streambanks to a condition minimizing erosion and sedimentation will occur;
(E) The methods to be used to ensure that the site will contain stable waste piles
and slopes;
(F) The anticipated physical condition of the site upon the completion of all
reclamation, and the proposed use or potential uses of the reclaimed site;
(G) A map or maps which will delineate through the use of cross-sections and
elevations the physical characteristics of the land upon the conclusion of
reclamation, including a topographic map (to a scale of one inch equals 100
feet) showing the location of the reclaimed land;
(H) An explanation of how reclamation of the site may affect the future use of the
area for mining purposes, including the effect the proposed reclamation may
have upon the site's remaining unmined resources;
(I) An explanation of how the reclaimed site shall be, to the extent reasonable
and practicable, revegetated for soil stabilization, made free of drainage and
erosion problems, coordinated with present and anticipated future land use,
and rendered compatible with the topography and general environment of
surrounding property;
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(J) A statement of how the public health and safety will be protected for the
duration of the mining operations, giving consideration to the degree and type
of present and probable future exposure of the public to the site; and
(K) The name and address of the operator and the names and addresses of any
persons designated by him as agents for the service of process;
SECTION 14.14.100. STANDARDS FOR RECLAMATION:
(A) All Reclamation Plans shall comply with the provisions of SMARA (92772 and
92773) and State regulations (CCR 93500-3505). Reclamation Plans
approved after January 15, 1993, Reclamation Plans for proposed new mining
operations, and any substantial amendments to previously approved
Reclamation Plans, shall also comply with the requirements for reclamation
performance standards (CCR 993700-3713).
(B) The City may impose additional performance standards as developed either in
review of individual projects, as warranted, or through the formulation and
adoption of Citywide performance standards.
(C) Reclamation activities shall be initiated at the earliest possible time on those
portions of the mined lands that will not be subject to further disturbance.
Interim reclamation may also be required for mined lands that have been
disturbed and that may be disturbed again in future operations. Reclamation
may be done on an annual basis, in stages compatible with continuing
operations, or on completion of all excavation, removal, or fill, as approved by
the City. Each phase of reclamation shall be specifically described in the
Reclamation Plan and shall include (a) the beginning and expected ending
dates for each phase; (b) all reclamation activities required; (c) criteria for
measuring completion of specific reclamation activities; and, (d) estimated
costs for completion of each phase of reclamation.
SECTION 14.04.110 . STAT~MENT OF ReSPONSIBiliTY: The person
submitting the Reclamation Plan shall sign a statement accepting responsibility for
reclaiming the mined lands in accordance with the Reclamation Plan. Said statement
shall be kept by the Community Development Department in the mining operation's
permanent record. Upon sale or transfer of the operation, the new operator shall submit a
signed statement of responsibility to the Community Development Department for
placement in the permanent record.
SECTION 14.04.120. FINDINGS FOR APPROVAL:
(A) Surface Mining Permit. In addition to any findings required by the Lake
Elsinore Municipal Code and the General Plan, surface mining operations
shall include a finding that the project complies with the provisions of SMARA
and State regulations.
(1) That the granting of the permit or approval of the plan will not be
detrimental to the public health, welfare or safety or injurious to the
property in such zone or vicinity.
(B) Reclamation Plans. For Rf:clamation Plans, the following findings shall be
required:
(3)
That the Reclamation Plan complies with SMARA 92772 and 92773,
and any other applicable provisions;
That the Reclamation Plan complies with applicable requirements of
State regulations (CCR 993500-3505, and 993700-3713).
That the Reclamation Plan and potential use of reclaimed land
pursuant to the plan are consistent with this Chapter and the City's
General Plan and any applicable resource plan or element.
(1 )
(2)
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(4) That the Reclamation Plan has been reviewed pursuant to CEQA
and the City's environmental review guidelines, and all significant
adverse impacts from reclamation of the surface mining operations
are mitigated to the maximum extent feasible.
(5) That the land and/or resources such as water bodies to be reclaimed
will be restored to a condition that is compatible with, and blends in
with, the surrounding natural environment, topography, and other
resources, or that suitable off-site development will compensate for
related disturbance to resource values.
(6) That the Reclamation Plan will restore the mined lands to a usable
condition which is readily adaptable for alternative land uses
consistent with the General Plan and applicable resource plan.
(7) That a written response to the State Department of Conservation has
been prepared, describing the disposition of major issues raised by
that Department. Where the City's position is at variance with the
recommendations and objections raised by the State Department of
Conservation, said response shall address, in detail, why specific
comments and suggestions were not accepted.
SECTION 14.04.130 - CONDITIONS OF APPROVAL: The approval of any plan
or permit may be subject to conditions set forth in the findings of fact. Any plan or permit
may be revoked by the same procedure by which it is granted if conditions of approval
are not complied with or for violation of any law or regulation.
SECTION 14.04.140 - FINANCIAL ASSURANCES:
(A) To ensure that reclamation will proceed in accordance with the approved
Reclamation Plan, the City shall require as a condition of approval security
which will be released upon satisfactory performance. The applicant may
pose security in the form of a surety bond, trust fund, irrevocable letter of credit
from an accredited financial institution, or other method acceptable to the City
and the State Mining and Geology Board as specified in State regulations, and
which the City reasonably determines are adequate to perform reclamation in
accordance with the surface mining operation's approved Reclamation Plan.
Financial assurances shall be made payable to the City of Lake Elsinore and
the State Department of Conservation.
(B) Financial assurances will be required to ensure compliance with elements of
the Reclamation Plan, including but not limited to, revegetation and
landscaping requirements, restoration of aquatic or wildlife habitat, restoration
of water bodies and water quality, slope stability and erosion and drainage
control, disposal of hazardous materials, and other measures, if necessary.
(C) Cost estimates for the financial assurance shall be submitted to the
Community Development Department for review and approval prior to the
operator securing financial assurances. The Director, or designee, shall
forward a copy of the cost estimates, together with any documentation
received supporting the amount of the cost estimates, to the State Department
of Conservation for review. If the State Department of Conservation does not
comment within 45 days of receipt of these estimates, it shall be assumed that
the cost estimates are adequate, unless the City has reason to determine that
additional costs may be incurred. The Director, or designee, shall have the
discretion to approve the financial assurance if it meets the requirements of
this Chapter, SMARA, and State regulations.
(D) The amount of the financial assurance shall be based upon the estimated
costs of reclamation for the years or phases stipulated in the approved
Reclamation Plan, including any maintenance of reclaimed areas as may be
required, subject to adjustment for the actual amount required to reclaim lands
disturbed by surface mining activities in the upcoming year. Cost estimates
should be prepared by a California registered Professional Engineer and/or
other similarly licensed and qualified professionals retained by the operator
and approved by the Director, or designee. The estimated amount of the
financial assurance shall be based on an analysis of physical activities
necessary to implement the approved Reclamation Plan, the unit costs for
each of these activities, the number of units of each of these activities, and the
10
\
actual ad~inistrative ?osts. Financial ~ssurances to ensure compliance with
revegetation, restoration of water, bodies, restoration of aquatic or wildlife
habitat, and any other applicable element of the approved Reclamation Plan
shall be based upon cost estimates that include but may not be limited to
labor, equipment, materials, mobilization of equipment, administration and
reasonable profit by a commercial operator other than the permitte~. A
contingency factor of ten percent (10%) shall be added to the cost of financial
assurances.
(E) In projecting the costs of financial assurances, it shall be assumed without
prejudice or insinuation that the surface mining operation could be abandoned
by the operator and, consequently, the City or State Department of
Conservation may need to contract with a third party commercial company for
reclamation of the site.
(F) The financial assurances shall remain in effect for the duration of the surface
mining operation and any additional period until reclamation is completed
(including any maintenance required).
(G) The amount of financial assurances required of a surface mining operation for
anyone year shall be adjusted annually to account for new lands disturbed by
surface mining operations, inflation, and reclamation of lands accomplished in
accordance with the approved Reclamation Plan. The financial assurances
shall include estimates to cover reclamation for existing conditions and
anticipated activities during the upcoming year, excepting that the permittee
may not claim credit for reclamation scheduled for completion during the
coming year.
(H) Revisions to financial assurances shall be submitted to the Director, or
designee, each year prior to the anniversary date for approval of the financial
assurances. The financial assurance shall cover the cost of existing
disturbance and anticipated activities for the next calendar year, including any
required interim reclamation. If revisions to the financial assurances are not
required, the operator shall explain, in writing, why revisions are not required.
SECTION 14.04.150 -INTERIM MANAGEMENT PLANS:
(A) Within 90 days of a surface mining operation becoming idle, the operator shall
submit to the Community Development Department a proposed Interim
Management Plan (IMP). The proposed IMP shall fully comply with the
requirements of SMARA, including but not limited to all approval conditions,
and shall provide measures the operator will implement to maintain the site in
a stable condition, taking into consideration public health and safety. The
proposed IMP shall be submitted on forms provided by the Community
Development Department; and shall be processed as an amendment to the
Reclamation Plan. IMPs shall not be considered a project for the purposes of
environmental review.
(8) Financial assurances for idle operations shall be maintained as though the
operation were active.
(C) Upon receipt of a complete proposed IMP, the Community Development
Department shall forward the IMP to the State Department of Conservation for
review. The IMP shall be submitted to the State Department of Conservation
at least 30 days prior to approval by the Planning Commission.
(D) Within 60 days of receipt of the proposed IMP, or a longer period mutually
agreed upon by the Director, or designee, and the operator, the Planning
Commission shall review and approve or deny the IMP in accordance with this
Chapter. The operator shall have thirty (30) days, or a longer period mutually
agreed upon by the operator and the Director, or designee, to submit a revised
IMP. The Planning Commission shall approve or deny the revised IMP within
sixty (60) days of receipt. If the Planning Commission denies the revised IMP,
the operator may appeal that action to the City Council.
11
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(E) The IMP may remain in effect for a period not to exceed five years, at which
time the Planning Commission may renew the IMP for another period not to
exceed five years, or require the surface mining operator to commence
reclamation in accordance with its approved Reclamation Plan.
SECTION 14.04.160 . PUBLIC RECORDS: Reclamation plans, reports,
applications, and other documents submitted pursuant to this Chapter, are public records
unless it can be demonstrated to the satisfaction of the City that the release of such
information, or part thereof, would reveal production reserves, or rate of depletion entitled
to protection as proprietary information. City shall identify such proprietary information as
a separate part of each application. A copy of all permits, reclamation plans, reports,
applications, and other documents submitted pursuant to this Chapter, including
proprietary information, shall be furnished to the Director of the Department of
Conservation by the City. Proprietary information shall be made available to persons
other than the State Geologist only when authorized by the mine operator and by the
mine owner in accordance with Section 2778 of the Public Resources Code as amended
from time to time.
SECTION 14.04.170 - AMENDMENTS: Amendments to an approved
Reclamation Plan may be submitted to the City at any time, detailing proposed changes
from the original plan. Substantial deviations from the original plan shall not be
undertaken until such amendment has been filed with, and approved by, the City.
Amendments to an approved Reclamation Plan shall be approved by the same procedure
as is prescribed for approval of a Reclamation Plan, including fees which may be
reasonably imposed as a result of additional public hearings. Minor amendments to an
approved Reclamation Plan shall be submitted for review, consideration, and approval by
the Director, or designee.
-
SECTION 14.04.180 - VARIANCE: Any "variance" from the approved
reclamation plan should be only minor in nature and consequences, otherwise, any
substantial deviations from the approve plan require that the plan formally be amended.
SECTION 14.04.190 . ANNUAL REPORT REQUIREMENTS: Surface mining
operators shall forward an annual surface mining report to the State Department of
Conservation and to the Community Development Department on a date established by
the State Department of Conservation, upon forms furnished by the State Mining and
Geology Board. New mining operations shall file an initial surface mining report and any
applicable filing fees with the State Department of Conservation within 30 days of permit
approval, or before commencement of operations, whichever is sooner. Any applicable
fees, together with a copy of the annual inspection report, shall be forwarded to the State
Department of Conservation at the time of filing the annual surface mining report.
SECTION 14.04.200 - INSPECTIONS: The Community Development
Department shall arrange for inspection of a surface minin.g operation within six months of
receipt of the Annual Report required in Section 14.04.. ,~O to determine whether the
surface mining operation is in compliance with the approved Surface Mining Permit and/or
Reclamation Plan, approved financial assurances, and State regulations. In no event
shall less than one inspection be conducted in any calendar year. Said inspections may
be made by a state-registered geologist, state-registered civil engineer, state-licensed
landscape architect, or state-registered forester, who is experienced in land reclamation
and who has not been employed by the mining operation in any capacity during the
previous 12 months, or other qualified specialists, as selected by the Director, or
designee. All inspections shall be conducted using a form approved and provided by the
State Mining and Geology Board.
The Community Development Department shall notify the State Department of
Conservation within thirty (30) days of completion of the inspection that said inspection
has been conducted, and shall forward a copy of said inspection notice and any
supporting documentation to the mining operator. The operator shall be solely
responsible for the reasonable cost of such inspection.
SECTION 14.04.210 . VIOLATIONS AND PENALTIES: If the Director, or
designee, based upon an annual inspection or otherwise confirmed by an inspection of
the mining operation, determines that a surface mining operation is not in compliance with
this Chapter, the applicable Surface Mining Permit, any required permit and/or the
Reclamation Plan, the City shall follow the procedures set forth in Public Resources
Code, ~277 4.1 and ~277 4.2 concerning violations and penalties, as well as those
provisions of the City Development Code for revocation and/or abandonment of a Surface
Mining Permit which are not preempted by SMARA.
12
SECTION 14.04.220 - APPEALS: Any person aggrieved by an act or
determination of the Community Development Department in the exercise of the authority
granted herein, shall have the right to appeal to the Planning Commission. Appeal of a
Planning Commission decision may be made to the City Council. An appeal shall be filed
on forms provided, within five (5) calendar days after the rendition, in writing, of the
appealed decision and must be accompanied by an appeal fee equal to one half the
amount of the application fee.
- SECTION 14.04.230 - FEES: The City shall establish such fees as it deems
necessary to cover the reasonable costs incurred in implementing this Chapter and the
State regulations, including but not limited to, processing of applications, annual reports,
inspections, monitoring, enforcement and compliance. Such fees shall be paid by the
operator, as required by the City, at the time of filing of the Surface Mining Permit
application, Reclamation Plan application, and at such other times as are determined by
the City to be appropriate in order to ensure that all reasonable costs of implementing this
Chapter are borne by the mining operator.
SECTION 14.04.240. MINERAL RESOURCE PROTECTION: Mine development
is encouraged in compatible. areas before encroachment of conflicting uses. Mineral
resource areas that have been classified by the State Department of Conservation's
Division of Mines and Geology or designated by the State Mining and Geology Board, as
well as existing surface mining operations that remain in compliance with the provisions of
this Chapter, shall be protected from intrusion by incompatible land uses that may impede
or preclude mineral extraction or processing, to the extent possible for consistency with
the City's General Plan.
In accordance with PRC ~2762, the City's General Plan and resource maps will be
prepared to reflect mineral information (classification and/or designation reports) within 12
months of receipt from the State Mining and Geology Board of such information. Land
use decisions within the City will be guided by information provided on the location of
identified mineral resources of regional significance. Conservation and potential
development of identified mineral resource areas will be considered and encouraged.
Recordation on property titles of the presence of important mineral resources within the
identified mineral resource areas may be encouraged as a condition of approval of any
development project in the impacted area. Prior to approving a use that would otherwise
be incompatible with mineral resource protection, conditions of approval may be applied
to encroaching development projects to minimize potential conflicts.
-
13
\
ORDINANCE NO. -1M.3
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA,
ADOPTING NORTH PEAK SPECIFIC PLAN AMENDMENT NO.2
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
WHEREAS, the City of Lake Elsinore ("City") adopted North Peak Specific Plan Amendment
No.2 ("Specific Plan Amendment No.2") in accordance with Government Code Section 65450 et ~.,
to guide and regulate development within the Specific Plan Amendment No.2 area;
WHEREAS, the Specific Plan Amendment No.2 area consists of 1,779 acres and is within the
northeastern portion of the City of Lake Elsinore, within the foothills of the Santa Ana Mountains.
The project site is generally bounded by Highway 74 on the south, Steele Valley on the north, and
Bull Canyon on the west. Steele Peak is located just outside the project site boundary at the
northeast comer. 1-15 passes approximately one mile southwest of the project site.
WHEREAS, an application for Specific Plan Amendment No.2 has been filed with the City by
TMC Communities, the developer of the Specific Plan Amendment No.2 area ("Applicant");
WHEREAS, the Specific Plan Amendment No.2 proposes a maximum of 1,200 total residential
units, 23 acres of commercial, two golf courses, 199 acres of natural open space, and a 782-acre
conservation bank.
WHEREAS, on March 3, 1999, the City Planning Commission held a duly noticed public
hearing to consider Specific Plan Amendment No.2 and Environmental Impact Report No. 98-2 ("Final
EIR") for Specific Plan Amendment No.2, and following such public hearing, voted unanimously to
recommend that the City Council: (1) certify the Final EIR as meeting the requirements of the California
Environmental Quality Act ("CEQA") and the CEQA Guidelines, and (2) approve North Peak Specific
Plan Amendment No.2;
WHEREAS, the City Council held a duly noticed public hearing on March 23, 1999, for the
purposes of certifying the Final EIR, and considering Specific Plan Amendment No.2;
WHEREAS, pursuant to CEQA, the Final EIR has been prepared, certified and considered by
the City Council and has been found to adequately address the potential environmental impacts of
Specific Plan Amendment No.2. The City Council has considered the information contained in the
Final EIR prior to approval of Specific Plan Amendment No.2 and the Final EIR represents the final
independent judgement of the City Council. The City Council has adopted Resolution No. 99-1 ~
certifying the Final EIR;
WHEREAS, the establishment and implementation of Specific Plan Amendment No. 2 as
submitted, under current circumstances, will not be detrimental to the health, safety, comfort or general
welfare of the persons residing in the area of Specific Plan Amendment No.2; and
WHEREAS, the conditions recommended by the Planning Commission will be incorporated into
Specific Plan Amendment No.2 to ensure that the issues identified by the Planning Commission have
been resolved.
NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE CITY COUNCIL FOR THE
CITY OF LAKE ELSINORE THAT:
Section I: Upon the recommendation of the Planning Commission and based upon the Findings
adopted herein with regard to the approval of Specific Plan Amendment No.2, the City Council hereby
- (i) finds that Specific Plan Amendment No.2, incorporated herein by this reference, is consistent with
the Gen~ral Plan of the City, and (ii) approves and adopts North Peak Specific Plan Amendment No.2.
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. 2 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.2 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.
\
ORDINANCE NO. 1043
PAGE 2
3. Those development regulations, standards, guidelines, etc. not addressed in
Specific Plan Amendment No.2, or vested or fixed by the North Peak
Development Agreement, will revert to the City Municipal Code and/or Zoning
Code in effect at the time building plans are submitted for future projects.
4. Development standards and regulations contained in Specific Plan Amendment
No.2 supersede applicable City ordinances and codes, unless specifically stated
to the contrary. Approval of Specific Plan Amendment No. 2 shall not be
interpreted as waiving compliance with other Federal or State laws or City Codes.
5. Location of Specific Plan Amendment No. 2 allows future development to be
well-integrated with its surroundings.
6. All vehicular traffic generated by future development, either in phased increments
or at full build-out, will be accommodated safely and without causing undue
congestion upon adjoining streets.
7. Specific Plan Amendment No.2 proposes land uses to be adequately serviced by
existing and/or proposed public facilities and services.
8. Overall design of Specific Plan Amendment No. 2 will produce attractive,
efficient and stable development.
9. Specific Plan Amendment No.2 will not be detrimental to the health, safety,
comfort or general welfare of the persons residing or working within 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 2: 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 23rd day of March, 1999, by the following
vote:
AYES:
COUNCILMEMBERS:
BRINLEY, METZE, PAPE, SCHIFFNER, KELLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
ABSTENTIONS:
COUNCILMEMBERS:
NONE
vote:
PASSED, UPON SECOND READING this 13th day of April, 1999, by the following
AYES:
COUNCILMEMBERS:
BRINLEY, METZE, PAPE, SCHIFFNER, KELLEY
--
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
NONE
ABSENT:
NONE
ABSTENTIONS:
COUNCILMEMBERS
032399-1018/ T38271-OOI/I01909.2
-
LEGALITY:
t
LO, CITY A TIORNEY
--
032399-1018 I T3827I-001 I 101909.2
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 read by title only for adoption on March 23, 1999, and
passed on April 13, 1999, by the following roll call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, METZE, P APE, SCHIFFNER,
KELLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
C) \ (, rv. .. \;
.~_.~J
~CKI K~~SAD', CITY CLERK
en Y 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. 1043 of said Council, and that the same has not been amended or repealed.
DATED: April 20, 1999 2li
VICKI KASAD, CITY CLERK . V, """J
ClTYOFLAKEELSINORE . A--~
(SEAL)
-
ORDINANCE NO. 1044
AN URGENCY ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADDING CHAPTER 5.78 TO TITLE 5 OF THE LAKE
ELSINORE MUNICIPAL CODE, ESTABLISHING A PROGRAM TO
PROTECT AND PRESERVE THE CITY'S SIGNIFICANT PALM TREES
_ WHEREAS, certain significant palm trees growing within the City of Lake Elsinore ("City")
are natural aesthetic resources which help define the history and character of the City; and
WHEREAS, these "Significant Palms" (as hereinafter defined) are worthy of protection in
order to preserve the natural environment and to protect the City's plant life heritage for the benefit
of all citizens; and
WHEREAS, Significant Palms are unique because of their age, size and beauty and their
relative abundance adds distinction and character to certain neighborhoods within the City and
general benefit to the entire community; and
WHEREAS, it is pertinent to the public peace, harmony and welfare that Significant Palms
be protected from indiscriminate and unauthorized damage, removal or destruction in order to
provide for ecological purposes, as well as for the preservation of the natural beauty that Significant
Palms contribute to the City; and
WHEREAS, private contractors have recently purchased and removed a number of
Significant Palms within the City limits for relocation outside the City limits, posing an immediate
and ongoing threat to the public peace, health and safety, and requires the passage of this Urgency
Ordinance; and
WHEREAS, in order to prevent further loss of Significant Palms, ~e City finds it necessary
to place reasonable restrictions on acts of their removal, destruction and!relocation.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ORDAINS AS FOLLOWS:
SECTION 1: That new Chapter 5.78 be, and the same is hereby, added to Title 5 of
the Lake Elsinore Municipal Code to read as follows:
Chapter 5.78
5.78.010
PURPOSE.
-
The purpose of this Chapter 5.78 is to provide a mechanism to regulate the removal,
destruction and relocation of Significant Palms within the City limits. In adopting this Chapter 5.78,
the City's primary concern is that removal, destruction and relocation of Significant Palms is likely
to have an adverse affect upon the surrounding environment. Past removal and destruction of
Significant Palms within City limits has not only interfered with the natural scenic beauty of the City,
but also greatly diminishes the ecological and historic value of these living monuments, while also
posing a risk to public safety through the use of heavy machinery and unnoticed earth moving
activity.
The City Council finds and determines that the public health, safety, and welfare will be
promoted by the preservation of Significant Palms for the following reasons:
.010 Significant Palms are an impOliunt source of food for larger native and non-native
bird species;
.020 Significant Palms provide nesting areas and/or nesting materials for birds which, in
turn, consume significant amounts of insect pests;
PalmTreeOrd2.40 14.000
I
04/08/99
.030 Significant Palms are effective in aesthetically enhancing the community;
.040 In several locations, many of the City's oldest Significant Palms constitute significant
living reminders of the City's rich historical heritage;
.050 Significant Palms collect dust and solids from the air which are washed to the ground
by rainfall; and
.060 The age of Significant Palms enable them to better survive extremes of weather and
periods of drought than most plants of a similar size.
For the foregoing reasons and in accordance with the mandate of the State set forth in
Section 65560 of the Government Code requiring open space planning, the City, in order to preserve
and protect the best interest of its citizens, does enact this Chapter 5.78.
5.78.020
DEFINITIONS.
The following words shall have the meaning ascribed to them, unless otherwise noted:
"Drip Line" means a line which may be drawn on the ground around a Significant Palm
directly under the outermost frond tips and which identifies that location where rainwater tends to
drip from the Significant Palm.
"Remove" and "removal" means any direct or indirect action that substantially impairs the
health and/or aesthetic qualities of a Significant Palm, including (without limitation) the physical
removal of a Significant Palm, or causing the death of a Significant Palm as a result of damaging the
trunk, topping/removing the crown, or poisoning.
"Significant Palm(s)" means the species of the Family Palmaceae set forth hereinbelow
which, unless specifically provided otherwise, exceed five (5) feet in height measured from the
ground at the base of the truck to the base of the crown:
1.
Phoenix Canariensis (Canary Island Date Palm);
2.
Washingtonia Filifara (California Fan Palm);
3.
Washingtonia Robusta (Mexican Fan Palm) in excess of twenty-five (25) feet in
height measured from the ground at the base of the trucnk to the base of the crown;
4.
Trachycarpus (Windmill Palm);
5.
Chamaerops (Mediterranean Fan Palm);
6.
Phoenix Reclinata (Senegal Date Palm);
7.
Butia Capitata (Pindo Palm);
8.
Phoenix Roebelenii (Pygmy Palm).
5.78.030
PERMIT REQUIRED.
No Significant Palm growing within the City limits may be removed or relocated unless and
until a permit has first been obtained from the office of the Director of Community Services.
5.78.040
PERMIT APPLICATION.
An application for permit required by this Chapter 5.78 to remove or relocate any Significant
Palm within the City shall be filed with the Director of Community Services, together with an
application fee. The application fee shall cover the costs of processing and administering the
application and shall be established by resolution of the City Council. The application shall be
submitted with a report which shall include:
PalmTreeOrd2.4014.000
2
04/08/99
.010 the acknowledged written permission from the record land owner notarized and on
such form as prescribed by the City and verified by the Director of Community
Services;
.020 [intentionally left blank];
-
.030 the location of all Significant Palms and each Significant Palm proposed to be
removed or relocated on a plan or map survey with a certified engineer's/surveyor's
report identifying (i) the property by street address and assessor's parcel number, (ii)
the centerline of the street, (iii) the monuments establishing the property line, and (iv)
the distance between each Significant Palm and the property line;
.040 the identification of each Significant Palm by species and approximate, height and
spread;
.050 photographs of the Significant Palm to be removed or relocated;
.060 the proposed manner of removal, the proposed equipment to be utilized for removal
and the planned truck/equipment route;
.070 the species, number, and size of any proposed replacement palm trees shall be
designated;
.080 the health of any Significant Palm declared diseased or dying shall be verified by a
written report of a certified Arborist; and
.090 if a Significant Palm is proposed to be relocated to another location on the same
property or within the City, then the relocation site shall be identified and site
preparation and relocation methods described.
5.78.050 PERMIT PROCEDURES; CONDITIONS.
The Director of Community Services shall approve, conditionally approve or deny the
application to remove or relocate any Significant Palm. The Director of Community Services shall
require, for any permitted activity, that Applicant:
.010 operate only during City Hall hours;
.020 appropriate protection of all underground utilities prior to any activity;
.030 backfill and compact all holes to grade level in accordance with City standards and
remove all cut fronds;
.040 arrange proper traffic control measures and approvals for operation in City streets or
right of ways;
.050 make the issued City permit available for review on-site during activity operations;
.060 post a sign as prescribed by the City on each significant Palm to be removed or
relocated not less than seven (7) days prior to such removal/relocation.
.070 that removed Significant Palms are relocated within the City and/or are replaced with
tree(s) of like species and quantity and of commensurate aesthetic value as
determined by the Director of Community Services.
The Director of Community Services may impose conditions deemed necessary to preserve
and protect the health of Significant Palms relocated to another site on the same property or within
the City by requiring the Applicant to provide documentation demonstrating:
PalmTreeOrd2.4014.000
3
04/08/99
.070 that the environmental conditions ofthe new location are favorable to the survival
of the Significant Palm and there is a reasonable probability that the Significant Palm
will survive its relocation;
.080 that such relocation is accomplished by qualified personnel under the supervision of
the Director of Community Services, or his/her designee; and
Further, the Director of Community Services may impose measures to preserve and protect
- the health of new palm trees planted to replace those removed or relocated. Such measures may
include but not be limited to:
.090 erection of temporary or permanent protective devices around the new palm tree(s)
so that no substantial impairment or removal of the structure or feeder roots occurs;
and
.110 that no fill material be placed within three feet from the outer trunk circumference
of any new palm tree( s) or within the Drip Line of any palm tree in excess of eighteen
inches in depth.
5.78.060 PERMIT ISSUANCE OR DENIAL.
The following criteria shall be considered where applicable in evaluating applications for
issuance of permits required by this Chapter 5.78:
.010 necessity to remove the Significant Palm because its continued existence at such
location prevents the reasonable development of the subject property;
.020 the Significant Palm shows a substantial decline from a condition of normal health
and vigor, and restoration, is not advisable, through appropriate and economically
reasonable preservation procedures and practices;
.030 due to an existing and irreversible adverse condition of the Significant Palm, the
Significant Palm is in danger of falling;
.040 the presence of the Significant Palm interferes with, or is damaging to, the site line
of the motoring public, utility services and roadways, walkways, foundations,
drainage or other existing structures, within or without the subject property and the
only reasonable alternative is the relocation and/or replacement of the Significant
Palm.
.050 the topography of the land and the effect of the Significant Palm removal on erosion,
soil retention, and the diversion or increased flow of surface waters;
.060 the number and/or location of Significant Palms existing on the property and the
effect of Significant Palm removal upon aesthetic and property values and enjoyment
of the general public; and
.070 good forestry practices, i.e., the number of healthy Significant Palms that a given
parcel of land will support.
5.78.070 EXEMPTIONS.
A permit is not required to remove or relocate a Significant Palm under the following
circumstances:
.010 [intentionally left blank]
.020 Significant Palms damaged by thunderstorms, windstorms, floods, earthquakes, fires
or other natural disasters and determined to be dangerous by a peace officer, fireman,
or code enforcement officer in their official capacity;
PalmTreeOrd2.40 14.000
4
04/08/99
.030 when removal is determined necessary by fire department personnel actively engaged
in fighting a fire; and
.040 Significant Palms planted, grown and/or held for sale as part of a licensed nursery
business.
5.78.080 APPEAL.
- Any applicant aggrieved by any decision made by the Director of Community Services on
an application filed pursuant to the provisions of this Chapter 5.78, may appeal such decision to the
City Manager. Such appeal must be submitted to the Office of the City Manager in writing within
ten (10) days of the decision ("Notice of Appeal"). The Notice of Appeal shall state briefly the
grounds of the appeal and be signed by the applicant. Within ten (10) days after the hearing, the City
Manager shall give written notice of the decision to the appellant. The decision of the City Manager
shall be final.
5.78.090
LICENSES; PERMITS; SECURITY.
All contractors, or anyone removing or relocating a Significant Palm shall have a valid
business license from the City and a valid California landscape contractor's license, and shall obtain
all applicable permits from the City and/or any public entity exercising jurisdiction over the activity
and/or the property, including (without limitation) an oversized load permit or encroachment permit.
In addition, the Director of Community Services may require that insurance and/or adequate security
be provided as deemed necessary and appropriate for the protection of the public.
SECTION 2:
SEVERABILITY
The City Council hereby declares that should any section, paragraph, sentence or word of this
Ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the City
Council that it would have passed all other portions of this Ordinance independent of the elimination
herefrom of any such portion as may be declared invalid.
SECTION 3:
SAVINGS CLAUSE
Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall
in any manner affect the prosecution for violations of ordinances, which violations were committed
prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions of this Ordinance, insofar as they are
substantially the same as ordinance provisions previously adopted by the City relating to the same
subject matter, shall be construed as restatements and continuations, and not as new enactments.
SECTION 4:
ENVIRONMENTAL FINDINGS
That in accordance with the requirements of the California Environmental Quality Act
(California Public Resources Code Section 21000 et seq.: "CEQA"), the State CEQA Guidelines
(Title 14, California Code of Regulations Section 15000 et seq.), and procedures adopted by the
Agency relating to environmental evaluation of public and private projects, the City Council has
independently considered the preservation program established by the adoption of this Ordinance
and finds and determines that:
-
1. Pursuant to Section 15308 of the CEQA Guidelines, this Chapter 5.78
represents actions taken by the City, acting as a regulatory agency, to assure the maintenance,
enhancement, and protection of the environment by the adoption this Ordinance setting forth
procedures for protection of the environment. Therefore, this Ordinance is exempt from the
provisions of CEQA pursuant to a "Class 8" categorical exemption.
2. Pursuant to Section 15301 of the CEQA Guidelines, this Chapter 5.78 sets in
place permitting procedures on existing landscaping, involving negligible or no expansion
of use beyond that previously existing at the time of the adoption of this Ordinance.
Therefore, this Ordinance is exempt from the provisions of CEQA pursuant to a "Class 1"
categorical exemption.
Pa1mTreeOrd2.40 14.000
5
04/08/99
SECTION 5:
URGENCY.
F or the immediate preservation of the public peace, health and safety this Ordinance shall
take effect immediately upon passage by a four-fifths vote of the City Council.
INTRODUCED, PASSED AND ADOPTED this ~ day of Apr; 1
following roll call vote:
, 1999, upon the
- AYES: COUNCILMEMBERS: BRINLEY, PAPE, METZE, SCHIFFNER,
KELLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS:
ATTEST:
?5JL~ ~
Vicki Lynn Kasad, City Clerk
PalmTreeOrd2.40 14.000
6
04/08/99
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 Urgency Ordinance was introduced and read by title only and approved
on the 8th day of April, 1999, by the following roll call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, PAPE, METZE, SCHIFFNER,
KELLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
iclL V I
VICKI 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 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy
of Ordinance No. 1044 of said Council, and that the same has not been amended or repealed.
~fED: March 28, 2000
o~y I
VICKI ~~ CLERK
CITY OF LAKE ELSINORE
(SEAL)
ORDINANCE NO. 1045
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA REZONING 2.94
ACRES (1.03 NET ACRES), LOCATED NORTH OF
RAILROAD CANYON ROAD ON SUMMERHILL DRIVE,
APN 363-100-081, FROM R-1 (SINGLE FAMILY
RESIDENTIAL) TO C-2 (GENERAL COMMERCIAL)
ZONING DISTRICT (ZONE CHANGE NO. 98-6
WEINERSCHNITZEL & JIFFY LUBE).
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
Section 1: Upon the recommendation of the Planning Commission and based upon the
Findings adopted hereby with regard to the approval of the Project, the City Council hereby (1)
finds that the proposed zone change is necessary to bring the current Zoning into compliance
with the adopted General Plan of the City of Lake Elsinore.
Section 2: Upon the recommendation of the Planning Commission, the City Council
approves the rezoning and reclassification of the project site from R-1 (Single Family
Residential) to C-2 (General Commercial) based on the following Findings:
1. The Zone Change, is consistent with the Goals, Objectives and Policies of the General
Plan.
2. This request will bring the zoning for the project area into conformance with the General
Plan.
3. The' proposed Zone Change is not anticipated to result in any significant adverse
environmental impacts.
Section 3: Zoning Reclassification.
The Zoning Map of the City of Lake Elsinore, California is hereby amended by changing,
reclassifying and rezoning the following described property:
2.93 (1.03 net) acres, Assessor's Parcel Number 363-100-081 as follows:
(1). General Commercial Zoning (C-2) 1.0 acres) (proposed fast food restaurant
and automotive service facility),
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 the Ordinance to be
published and posted in the manner required by law.
PASSED, UPON FIRST READING this 13th day of April, 1999, by the following roll
call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, METZE, P APE,
SCHIFFNER, KELLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
ABSENTIONS:
COUNCILMEMBERS:
NONE
ORDINANCE NO. 1045
PAGE TWO
PASSED, UPON SECOND READING this 27th day of April, 1999, by the following
roll call vote:
AYES:
COUNCILMEMBERS: METZE, SCHI FFNER, KELLEY
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: BRINLEY, PAPE
ABSENTIONS:
COUNCILMEMBERS: NONE
z]~ -l. 'LJ
ViCKI 1. KASAD, CITY CLERK
AYOR
-
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 read by title only for adoption on April 13, 1999, and
passed on April 27, 1999, by the following roll call vote:
AYES:
COUNCILMEMBERS:
METZE, SCHIFFNER, KELLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
BRINLEY, PAPE
ABSTAIN:
COUNCILMEMBERS:
NONE
/
9itLJ
VICKI K:ASAD, CITY CLERK
cI1v 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. 1045 of said Council, and that the same has not been amended or repealed.
DrE~_MaY 3,1999
2)fl' LJ
\!1~ASAD, CITY CLERK
CITY OIl LAKE ELSINORE
(SEAL)
ORDINANCE NO. 1046
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE AMENDING CHAPTER 9.76 OF THE LAKE ELSINORE
MUNICIPAL CODE TO INCLUDE PROVISIONS REGARDING TRUANCY
BY MINORS
WHEREAS; Chapter 9.76 ofthe Lake Elsinore Municipal Code establishes a night time
curfew for minors under the age of 18; and
WHEREAS, the truancy rate for students under the age of 18 in the City of Lake Elsinore
is increasing as is the occurrence of crime by minors; and
WHEREAS, a juvenile truancy ordinance discourages such activity by removing minors
from areas subject to unlawful activity during school hours and encourages school attendance, thus
furthering the health, safety and welfare of the citizens of the City of Lake Elsinore; and
WHEREAS, the City Council of the City of Lake Elsinore desires to amend Chapter 9.76
of the Lake Elsinore Municipal Code in order to include provisions regarding truancy by minors and
to establish a cost recovery mechanism in connection therewith.
NOW THEREFORE, the City Council of the City of Lake Elsinore does hereby ordain as
follows:
Section 1. Section 9.76.020 is amended to add the following:
"A. It is unlawful for any person under the age of eighteen years be present in or
upon public streets, highways, roads, alleys, parks, playgrounds, places of
amusement, eating places, vacant lots, unsupervised places, or other public
grounds, places or buildings between the hours of 10:00 p.m. and 5:00 a.m.
of the day immediately following.
B. It is unlawful for any minor under the age of eighteen years, who is subject to
compulsory education or to compulsory continuation education to be present in or
upon the public streets, highways, roads, alleys, parks, playgrounds, or other public
grounds, public places, public buildings, places of amusement and eating places,
vacant lots or any unsupervised place during the hours of7:00 a.m. and 4:00 p.m.,
or such other hours as designated by the respective school district, on days when
school is in session."
Section 2. Section 9.76.030 E of the Lake Elsinore Municipal Code is hereby amended to
read:
"E. When the person who is under eighteen years of age is directly en route from school
or from a school-sponsored or church-sponsored meeting, entertainment, recreational
activity, dance or place oflawful employment to a place where food is served to the
public. This exception shall continue during the time which is reasonably required
to obtain and consume food at such place and to proceed directly home from such
place. This exception 9.76.030 E shall not apply in connection with a violation or
Section 9.76.020 B."
Section 3. Section 9.76.030 of the Lake Elsinore Municipal Code is hereby amended to add
the following:
"G. When the person who is under eighteen years of age is:
1
1. In a motor vehicle involved in interstate commerce;
2. On the sidewalk abutting the minor's residence;
3. Emancipated pursuant to state law.
8. When the person who is under eighteen years of age is involved in an emergency.
"Emergency" as used herein means an unforeseen combination of circumstances or
the resulting state that calls for immediate action. The term includes, but is not
limited to, a fire, natural disaster, an automobile accident or any situation requiring
immediate action to prevent serious bodily injury or loss of life.
9. When the person who is under eighteen years of age is exercising First Amendment
rights of speech or associational activity protected by the California or United States
Constitution.
10. The following exceptions shall only apply in connection with a violation of Section
9.76.020 B but shall not apply to a violation of Section 9.76.020 A:
1. The person who is under eighteen years of age is going to or
returning from a medical appointment without detour or stop.
2. The person who is under eighteen years of age is in possession
of valid proof that he or she is a student who has permission
to leave the school campus."
Section 4. A new Section 9.76.060 is hereby added to the Lake Elsinore Municipal Code
to read as follows:
"9.76.060 Minor Curfew, Loitering or Wilful Misconduct - Cost Recovery.
A. Determination bv Court. When, based on a finding of civil liability or criminal
conviction for violations of curfew, daytime loitering (truancy) or wilful misconduct in violation of
Welfare and Institutions Code Section 602, a minor under eighteen years of age is detained for a
period of time in excess of one (1) hour, and said detention required the supervision of the juvenile
offender by Police Department employee(s), the parent(s) or legal guardian(s) having custody or
control of said minor shall be jointly and severally liable for the cost of providing such personnel
over and above the services normally provided by said department.
B. Determination bv Chief of Police. As determined by the Chief of Police or his
designee, the parent(s) or legal guardian(s) of a minor committing any public offense amounting to
an act of wilful misconduct in violation of Welfare and Institutions Code Section 602 where police
personnel provide services relating to the detention, processing or supervision of minors that are over
and above the normal services usually provided by the Police Department, may be assessed, and
billed for, the cost of providing such personnel for such services beyond those normally provided
by said department.
C. Aooeal. Any person receiving a bill for police services pursuant to this Chapter 9.76
may, within fifteen (15) days after the billing date, file a written request appealing the imposition
of said charges. Any billing sent pursuant to this section shall inform the billed party of the right
to appeal said billing. Any appeal regarding such billing shall be heard by the City Manager, or his
or her designee, as the hearing officer. Within ten (10) days after the hearing, the hearing officer
shall give written notice of the decision to the appellant. Upon the filing of a request for an appeal,
payment of the bill for the police services shall be suspended until notice of the decision of the
hearing officer. If the appeal is denied in part or in full, all amounts due to the City shall be paid
within thirty (30) days after notice of the decision of the hearing officer."
Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance
is for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
2
The City Council of the City of Lake Elsinore hereby declares that it would have adopted this
Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of
the fact that anyone or more section, subsection, sentence, clause, phrase or portion may be declared
invalid or unconstitutional.
INTRODUCED AND PASSED UPON FIRST READING BY TITLE ONLY this 27th day
of April, 1999, upon the following roll call vote:
-
AYES: COUNCILMEMBERS:
METZE, SCHIFFNER, KELLEY
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
BRINLEY, P APE
ABSTAIN: COUNCILMEMBERS:
NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING BY TITLE ONL Y
this 11th day of May , 1999.
AYES: COUNCILMEMBERS:
METZE, PAPE, SCHIFFNER, KELLEY
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
BRINLEY
ABSTAIN: COUNCILMEMBERS:
NONE
. AtTEST:.
7tiJ;kJ
Viekj Kasud, City'Clerk
3
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 read by title only for adoption on April 27, 1999, and
passed on May 11, 1999, by the following roll call vote:
AYES:
COUNCILMEMBERS:
METZE, P APE, SCHIFFNER, KELLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
BRINLEY
ABSTAIN:
COUNCILMEMBERS:
NONE
n( . 'V
LtJl~~
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. 1046 of said Council, and that the same has not been amended or repealed.
~r:D: MHay 19, 1999
i--J;A~'
VICKI KA.SAD, CIT CLERK
CITY OF LAKE ELSINORE
-
(SEAL J
ORDINANCE NO. 1047
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ADDING SECTION 16.68.015 TO CHAPTER 16 OF THE LAKE ELSINORE
MUNICIPAL CODE, ALLOWING FOR THE AMENDING OF FINAL MAPS
PURSUANT TO THE SUBDIVISION MAP ACT, GOVERNMENT CODE
SECTION 66472.1
WHEREAS, the Subdivision Map Act, Government Code Section 66472.1 provides that a
[mal map or parcel map previously filed in the office of the county recorder may be modified by a
certificate of correction or an amending map if the local agency finds there are changes in
circumstances which make any or all of the conditions of such a map no longer appropriate or
necessary;
WHEREAS, any such modifications must be set for public hearing and approved by the
legislative body;
WHEREAS, Government Code Section 66472.1 provides that such modifications must first
be authorized by local ordinance; and
WHEREAS, such adoption of a local ordinance would facilitate the City's administration
and oversight of final maps.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ORDAINS AS FOLLOWS:
SECTION 1: That Section 16.68.015 be added to Chapter 16 of the Lake Elsinore
Municipal Code to read as follows:
16.68.015 Amending Final Maps. In addition to the correction and
amendment of maps after a final map or parcel map is filed in the office of the county
recorder pursuant to Section 66469 of the Subdivision Map Act, such a map may be
modified by a certificate of correction or amending map if the local agency finds that
there are changes in the circumstances which make any or all of the conditions of the
map no longer appropriate or necessary pursuant to Section 66472.1 of the
Subdivision Map Act. Such modification shall be set for public hearing before the
City Council. The City Council shall confine the hearing to consideration of and
action on the proposed modification
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 this Ordinance and cause this Ordinance to be
published and posted in the manner required by law.
PASSED, UPON FIRST READING this -1Z. day of April ,1999, by the following
roll call vote:
AYES: COUNCILMEMBERS: METZE, SCHIFFNER, KELLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BRINLEY, PAPE
ABSTAIN: COUNCILMEMBERS: NONE
1
,.
.1.',
.~~
\
1",,..
" .
PASSED, UPON SECOND READING this 11 th day of May
following roll call vote:
AYES: COUNCILMEMBERS:
, 1999, by the
METZE, PAPE, SCHIFFNER, KELLEY
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
BRINLEY
ABSTAIN: COUNCILMEMBERS:
;J
'e Kelley, Mayor
I
\
APPROVED AS TO FORM
/?
2
',,', '.t'
, ~.'-.A."l
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 read by title only for adoption on Apri127, 1999, and
passed on May 11, 1999, by the following roll call vote:
AYES:
COUNCILMEMBERS:
METZE, P APE, SCHIFFNER, KELLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
BRINLEY
ABSTAIN:
COUNCILMEMBERS:
NONE
r/,/.
()~ kx\
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. 1047 of said Council, and that the same has not been amended or repealed.
2r~:M;9'1:99
. . vrcm~sfta4Y CLERK
.CITY OF LAKE ELSINORE
(SEAL)
ORDINANCE NO. 1048
AN URGENCY INTERIM ORDINANCE TEMPORARILY
PROHIBITING NEW FORTUNE-TELLING USES
PENDING CONTEMPLATED ZONING STUDIES
WHEREAS, the City of Lake Elsinore Zoning Code (Title 17 of the Municipal Code) and
Municipal Code provisions governing public peace, morals and welfare presently prohibit fortune-
telling uses in the City; and
WHEREAS, recent applications for such use have caused elected and appointed officials
and staffto identify certain legal insufficiencies in the City's existing ordinances and to acknowledge
and identify concerns about the impacts of fortune-telling uses on the health, safety and welfare of
surrounding uses and the general public at large and request consideration of the appropriateness of
the locations of such land uses as designated and the regulations related thereto; and
WHEREAS, such health, safety and welfare concerns include the impacts on residential
neighborhoods and businesses adjacent to such uses, the impact on property values adjacent thereto
and consumer protection issues associated with fortune-telling uses; and
WHEREAS, as a consequence, there is a current and immediate threat to the public health,
safety, and welfare as described and that the application and/or approval of any entitlement for such
use which are required in order to comply with the existing General Plan or ordinance would result
in that threat to the public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake
Elsinore does hereby ordain as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. That no fortune-telling or forecasting of futures in exchange for a fee, reward,
donation, loan or receipt of anything of value, as described in Chapter 9.64 of the
Municipal Code and including 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 shall be permitted in any area, within the City pending study by
the planning staff, Planning Commission and City Council with regard to appropriate
I
U;IPSTORAASLI1WPDOCSIAGENDASIFORTUNE-TELLlNG ORDINANCE. DOC
.~:~. 1"0
:..:
'r~', '.. .:
rules, regulations and locations for said use. Fortune-telling 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 which
purchase tickets or meals in exchange for the presentation at a site licensed for
entertainment land uses.
3. This Interim Ordinance shall be of no further force and effect forty-five days from
the date of its adoption, unless otherwise extended in accordance with the
requirements of Government Code Section 65858.
4. Ten (10) days prior to the expiration ofthis Ordinance, the City Council shall issue
a written report describing the measures taken related to the subject matter of this
Ordinance.
PASSED, APPROVED AND ADOPTED this 11th day of May, 1999, by the following
vote:
AYES: COUNCILMEMBERS:
METZE, PAPE, SCHIFFNER, KELLEY
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
BRINLEY
ABSTAIN: COUNCILMEMBERS:
NONE
ATTEST:
rl ~ f
cl~o" ~~ -
Vi.cki 1. Kasad, City Clerk
APPROVED AS TO FORM AND LEGALITY:
U;IPSTORAASLl\WPDOCS\AGENDASIFORTUNE.TELLlNG ORDINANCE. DOC
.. .
:::~
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 Urgency Ordinance was read by title only for adoption on May 11,
1999, by the following roll call vote:
AYES:
COUNCILMEMBERS:
METZE, P APE, SCHIFFNER, KELLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
BRINLEY
ABSTAIN:
COUNCILMEMBERS:
NONE
( -
2)~7Lj
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
-
(SEAL j
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. 1048 of said Council, and that the same has not been amended or repealed.
-
D~Tf~:__May 19,1999
~~AD~ERK
CITY OF LAKE ELSINORE
-
(SEAL)
em
ORDINANCE NO. 1049
AN ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, CHANGING TIlE ZONING
OF A .47 ACRE PARCEL FROM C-M (COMMERCIAL
MANUFACTURING) TO M.1 (LIMITED MANUFACTURING)
. ZONE CHANGE 99.1: PACIFIC CREMATORIUM
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION ONE: 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:
Parcel D which is a portion of that merged parcel as described in Certificate of Parcel
Merger No. 98-02C, recorded September 17, 1998 as instrument No. 396135 of
Official Records, Riverside County, CA together with a portion of that merged parcel
described in Certificate of Parcel Merger No. 98-020, recorded September 17, 1998
as Instrument No. 396136 of Official Records, Riverside County CA, formerly being
portions of Parcels 15, 16, and 17 all of Parcel Map 24751 as shown by map on file in
book 164 of Parcel Maps, at pages 64 through 66 thereof, records of Riverside County,
CA. The parcel of land contains 20,510 square feet or .47 acres.
from CoM (Commercial Manufacturing) to M-1 (Limited Manufacturing); as illustrated in
Exhibit "A" 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
M-l Zoning District.
Appro\'al is based on the following:
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:
This Ordinance shall become effective as provided by law.
INTRODUCED AND APPROVED UPON FIRST READING this 8th day of
June, 1999, upon the following roll call vote:
AYES: COUNCILMEMBERS:
BRINLEY, METZE, PAPE, SCHIFFNER, KELLEY
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
Page 2
Ordinance No.
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 2 day
of June, 1999, upon the following roll call vote:
AYES: COUNCILMEMBERS: BRINLEY, METZE, PAPE, SCHIFFNER, KELLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
Iv. Ma\'or
. ' .
'ty of Lake Elsinore
ATTEST:
-
?S~
.~.._._..-
Vicki L)lIne T asaa. CIty Clerk
City of laJ...-e Elsinore
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
, City Attorney
sin ore
r
.' ",<:
W.' .'
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 read by title only for adoption on June 8, 1999, and
passed on June 21, 1999, by the following roll call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, METZE, P APE, SCHI,FFNER,
KELLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
o ( - ~ ~J \
J~~
VT-CKI KA.SAB, CiTY CLERK
CITY O?:LAKE ELSINORE
(r- P T)
0-',1\:......
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. 1049 of said Council, and that the same has not been amended or repealed.
DATED: July 6, 1999
2f~U
VJCKI KASAD, CfTY CLERK
- --
cr:'Y OF LAKE EL-5INORE
(S8AL)
ORDINANCE NO. 1050
AN EXTENSION OF AN INTERIM ORDINANCE TEMPORARILY
PROHIBITING NEW FORTUNE-TELLING USES PENDING
CONTEMPLATED ZONING STUDIES
WHEREAS, the City of Lake Elsinore Zoning Code (Title 17 of the Municipal Code) and
-
Municipal Code provisions governing public peace, morals and welfare presently prohibit fortune-
telling uses in the City; and
WHEREAS, recent applications for such use have caused elected and appointed officials
and staffto identify certain legal insufficiencies in the City's existing ordinances and to acknowledge
and identify concerns about the impacts of fortune-telling uses on the health, safety and welfare of
surrounding uses and the general public at large and request consideration ofthe appropriateness of
the locations of such land uses as designated and the regulations related thereto; and
WHEREAS, such health, safety and welfare concerns include the impacts on residential
neighborhoods and businesses adjacent to such uses, the impact on property values adjacent thereto
and consumer protection issues associated with fortune-telling uses; and
-
WHEREAS, as a consequence, there is a current and immediate threat to the public health,
safety, and welfare as described and that the application and/or approval of any entitlement for such
use which are required in order to comply with the existing General Plan or ordinance would result
in that threat to the public health, safety, and welfare; and
WHEREAS, the City Council ofthe City of Lake Elsinore adopted Ordinance 1048 on May
11, 1999 prohibiting the establishment of new fortune-telling uses for a period of 45 days pending
zoning studies to be conducted by the City; and
WHEREAS, Since the time Ordinance 1048 was adopted, staff has begun the process of
gathering and reviewing information related to the regulation of fortune-telling uses.
WHEREAS, Staff is researching information related to the land use impacts of fortune-
telling uses; and
-
WHEREAS, Staff is also requesting copies of regulations that have been adopted and
implemented by other jurisdictions; and
WHEREAS, extending the interim ordinance would provide staff with adequate time to
complete the necessary research and to develop appropriate regulations and zone designations to
permit fortune-telling uses.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lake
U:\BBRADYlFORTUNE-TELLlNG ORDINANCE. DOC
Elsinore does hereby ordain as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. That no fortune-telling or forecasting of futures in exchange for a fee, reward,
donation, loan or receipt of anything of value, as described in Chapter 9.64 of the
Municipal Code and including 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 shall be permitted in any area, within the City pending study by
the planning staff, Planning Commission and City Council with regard to appropriate
rules, regulations and locations for said use. Fortune-telling 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 which
purchase tickets or meals in exchange for the presentation at a site licensed for
entertainment land uses.
This Interim Ordinance shall be of no further force and effect 10 months and 15 days
vote:
-
3.
-
from the date of its adoption, unless otherwise extended in accordance with the
requirements of Government Code Section 65858.
4. Ten (10) days prior to the expiration of this Ordinance, the City Council shall issue
a written report describing the measures taken related to the subject matter of this
Ordinance.
PASSED, APPROVED AND ADOPTED this 2pt day of June, 1999, by the following
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: BRINLEY, METZE, PAPE, SCHIFFNER, KELLEY
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
-
U,IBBRADYlFORTUNE-TELLING ORDINANCE. DOC
ATTEST:
,.
APPROVED AS TO FORM AND LEGALITY:
-
-
-
U:\BBRADY\FORTUNE-TELLING ORDINANCE. DOC
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 presented and read by title only for adoption on June
21,1999, by the following roll call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, METZE, P APE, SCHIFFNER,
KELLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONEO
ABSTAIN:
COUNCILMEMBERS:
NONE
. (.~/ \
~~ h-.J
"ViGKI KASAD, CITY CLERK
CITY-OF LAK.E 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. 1050 of said Council, and that the same has not been amended or repealed.
DATED: July 6, 1999
2f-. V I
VI~~YCLERK
CITY or' LAKE ELSINORE
'.
(SEAL)
ORDINANCE NO. 1051
.-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
REPEALING AND REENACTING CHAPTERS 15.04, 15.08, 15.12, 15.16, 15.20,
15.24,15.36, 15.38, 15.56 OF THE MUNICIPAL CODE, ADOPTING BY REFERENCE
THE 1998 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE,
KNOWN AS THE CALIFORNIA CODE OF REGULATIONS, TITLE 24 (CCR, T-24),
INCORPORA TING;
THE UNIFORM BUILDING CODE, 1997 EDITION PUBLISHED BY
THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS
THE UNIFORM MECHANICAL CODE, 1997 EDITION PUBLISHED BY
THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS
THE NATIONAL ELECTRICAL CODE, 1996 EDITION PUBLISHED BY
THE NATIONAL FIRE PROTECTION ASSOCIATION
THE UNIFORM PLUMBING CODE, 1997 EDITION PUBLISHED BY
THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL
OFFICIALS
THE UNIFORM FIRE CODE, 1997 EDITION PUBLISHED BY
THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND
THE WESTERN FIRE CHIEFS ASSOCIATION
THE UNIFORM HOUSING CODE, 1997 ADDITION AS PUBLISHED BY THE
INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS
THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1997
EDITION AS PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING
OFFICIALS
THE UNIFORM SWIMMING POOL, SPA and HOT TUB CODE, 1997 EDITION AS
PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND
MECHANICAL OFFICIALS
AND, AMENDING THOSE CALIFORNIA BUILDING STANDARDS AS IDENTIFIED
HEREIN, THROUGH EXPRESS FINDINGS OF LOCAL NECESSITY.
The city council of the City of Lake Elsinore does ordain as follows:
Section 1.
Ordinance number 1007 is hereby repealed.
Section 2.
15.04.010 Building Code - Adopted.
-
The 1998 edition of the California Building Standards Code, known as the California Code
of Regulations, Title-24, incorporating the Uniform Building Code, 1997 edition, published
by the International Conference of Building Officials, with the amendments set forth in
Section 15.04.020 is hereby adopted. There is one copy of said code on file in the office of
the Building Official and the office of the City Clerk for use and examination by the public.
5.04.020 Building Code - Local Amendments.
The Building Code as adopted by Section 15.04.010 is adopted with the following local
amendments:
A. The following sections are amended to read as follows, with amendments, additions,
and deletions;
Uniform Building Code, 1997 Edition, including appendix chapters 7, 11, 31, 18, 15,
33 and Exhibit "A" attached thereto.
Uniform Housing Code, 1997 Edition including Exhibit II A" attached thereto.
Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition including
Exhibit II A" attached thereto.
Uniform Plumbing Code, 1997 Edition including Appendix A through D, Exhibit II A"
attached thereto.
Uniform Fire Code, 1997 Edition including Exhibit "A" attached thereto.
National Electrical Code, 1996 Edition including Uniform Administrative Code
Provisions and Exhibit II A" attached thereto.
Uniform Swimming Pool, SPA and Hot Tub Code, 1997 Edition including Exhibit "A"
attached thereto.
Uniform Mechanical Code, 1997 Edition including Exhibit "A" attached thereto.
Section 3.
This ordinance is enacted pursuant to and in compliance with Health and Safety Code
Section 18941.5 and as expressly permitted in Government Code Section 50022.2. For
all codes the effective date of this Ordinance shall be August 13, 1999.
Express Finding #1
As required by Health and Safety Code 18941.5(c.) The city council of the City of Lake
Elsinore hereby expressly finds that amendments to the Building Code adopted by this
ordinance and as described in section 15.04.020 are necessary for the protection of the
public health, safety and welfare, due to the local climatic, geologic or topographical
described as place the unique geological/topographical/climatic condition(s) here
Section 4.
The city clerk is hereby directed to file a copy of this ordinance with the California Building
Standards Commission of the State of California.
SECTION TWO:
This Ordinance shall become effective as provided by law.
INTRODUCED AND APPROVED UPON FIRST READING this 21st day of
June, 1999, upon the following roll call vote:
AYES: COUNCILMEMBERS: BRINLEY, METZE, PAPE, SCHIFFNER, KELLEY
-
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 13th
day of July, 1999, upon the following roll call vote:
AYES: COUNCILMEMBERS: BRINLEY, METZE, PAPE, SCHIFFNER, KELLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
"j
I
;
I
I
I
I
. l
. ~
I
j
ABSTAIN: COUNCILMEMBERS: NONE
ATTEST:
Vicki Lynn Kasad, City Clerk
City of Lake Elsinore
(SEAL)
"I
I
APPROVED AS TO FORM AND LEGALITY:
. ,
ara Leibold, City Attorney
City of Lake Elsinore
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
~
1
I
i
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY
. I
. j
.~
CERTIFY that the foregoing Ordinance was presented and read by title only for adoption on July
13, 1999, by the following roll call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, METZE, P APE, SCHIFFNER,
KELLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
~1iYCLERK
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. 1051 of said Council, and that the same has not been amended or repealed.
DATED: July 14, 1999
,
~r(J- II ~
VIC'k?kA~y CLERK
CITY OF LAKE ELSINORE
.~
(SEAL)
~
UNIFORM BUILDING CODE
1997 AMENDMENTS
SECTION 103
is amended by adding the following paragraph at the end of said section to
read as follows:
Any person, firm or corporation violating any of the provisions or failing to comply with
any of the mandatory requirements of the Ordinances of Lake Elsinore shall be quilty of a
misdemeanor. Any person convicted of a misdemeanor under the Ordinances of Lake
Elsinore shall be punished by a fine of not more than one thousand dollars, or by
imprisonment not exceed six months, or by both such fine and imprisonment not to exceed
six months, or by both such fine and imprisonment. Each such person shall be quilty of
separate offense for each and every day during any portion of which any violation of any
provision of the Ordinances of Lake Elsinore is committed, continued, or permitted by any
such person, and shall be punished accordingly.
SECTION 107.2
the first sentence is amended to read as follows:
The fees for each Permit shall be as set pursuant to Chapter 3/32 of the Lake Elsinore
Municipal Code.
SECTION 107.3
the last sentence of first paragraph is amended to read as follows:
Said plan review fee shall be seventy five percent of the Building Permit fee as set pursuant
to Chapter 3.32 of the Lake Elsinore Municipal Code.
SECTION 3310.1 the second sentence is amended to read as follows:
-
Fees set pursuant to Chapter 3.32 of the Lake Elsinore Municipal Code.
SECTION 3310.3 the first sentence is amended to read as follows:
A fee for each Grading Permit shall be as set pursuant to Chapter 3.32 of the Lake Elsinore
Municipal Code.
SECTION 3314.1 is amended by adding the following paragraph at the end of said section, to
read as follows:
When two or more lots are graded and cut or fill slopes occur adjacent to the lot line the top
line of the slopes shall be located at the lot line. The toes of all slopes shall be setback a
minimum of two feet from the property line or public right of way.
SECTION 3316
temporary erosion control is added to read as follows:
A. Section 1716 Plans. Separate plans for temporary drainage and erosion control
measures to be used during the rainy season shall be submitted prior to October 1.
The control devices shown on said plans shall be installed no later than October 15,
and maintained in operable condition until April 15. These plans shall provide the
following:
1. Temporary soil stabilization measures shall be installed on graded
slopes exceeding a three to one ration and/or ten feet in height.
2. Desilting facility shall be provided at all drainage outlets from the
graded site, designed for the twenty-five year, six hour storm
intensity. They must be detailed on the plans. Design and specific
recommendations shall be submitted for the following:
1
. Desilting basin volume based on gradient and nature of soils
. The extent of all graded areas and identification of any temporary
soil stabilization measures
. Size of desilting basin outlet pipe and over flow
. Dike requirements. Minimum wall width, slope of walls, percent
of compaction, etc.
3. The following notes shall be placed on the plans:
. In case of emergency, call
at
(responsible person)
(24 hour number)
. The undersigned civil engineer will supervise erosion control and
certify that work is in accordance with the approved plans.
(signature, reg. *, expiration date)
(name - printed)
( dated)
4. Indicate on the plan, which streets will be paved and which drainage
devices will be completed by October 15.
5. Placement of devices to reduce erosion damage within the tract is left
to the discretion of the Engineer. These devices, if any, must be
shown on the plan because their presence will affect the required
capacity of the desilting basin.
-
6. Outlet conditions from the desilting basin shall not exceed
downstream limitations, with the exception of overflow, which is to
be designed to provide capacity of 1.5 times the maximum design
flow.
B. Temporary Erosion Control Measures
1. The permittee shall keep a standby crew for emergency work,
available at all times during the rainy season. Necessary materials
shall be available onsite and stockpiled at convenient locations to
facilitate rapid construction of temporary devices or to repair any
damaged erosion control measures when rain is imminent.
2. Devices shall not be moved or modified without the approval of the
Building Official or, in an emergency by the person responsible for
grading operations.
3. All removable protective devices shown shall be in place at the end
of each working day when the five-day rain probability forecast
exceeds forty percent. Forecasts shall be received from broadcasts
provided by the United States Weather Service.
4. After a rainstorm, all silt and debris shall be removed from check
berms and desilting basins and the basins pumped dry. Any graded
slope surface protection measures damaged during a rainstorm shall
also be immediately repaired. Failure to provide effective
maintenance may result in penalties as provide per Section 205.
5. Fill slopes at the tract perimeter must drain away from the top of the
slope at the conclusion of each working day.
2
6. At least one guard shall be posted on the site whenever the depth of
water in any device exceeds eighteen inches. Additional guards may
be required as deemed necessary by the Building Official.
7. After a rainstorm, all silt and debris shall be removed from public
drains and pipes, and from drains and pipes of adjacent properties.
C. Subsequent Rainy Seasons. For projects extending into subsequent rainy seasons,
for temporary drainage and erosion control plans shall be submitted. These plans
shall comply with all requirements in Section 1716 (A) and (B).
-
3
UNIFORM HOUSING CODE
1997 AMENDMENTS
SECTION 202
is amended to read as follows:
All building or portions thereof which are determined to be substandard as defined in this
code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation,
demolition or removal in accordance with the procedure specified in Chapter 17 of the
Code.
SECTION 204
is amended by adding the following paragraph at the end of said section to
read as follows:
Any person violating any of the provisions or failing to comply with any of the mandatory
requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any
person convicted of a misdemeanor under the ordinance of Lake Elsinore shall be punished
by a fine of not more than one thousand dollars, or by imprisonment not exceed six months,
or by both such fine and imprisonment. Each such person shall be guilty of a separate
offense for each and every day during any portion of which any violation of any provision
of the ordinance of lake Elsinore is committed, continued, or permitted by any such person
and shall be punished accordingly.
1. Chapter 11 through 16 is deleted
2. Chapter 17 - Abatement of substandard and unsafe buildings
3. Chapter 17 is added to read as follows:
-
CHAPTER 17
ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS
SECTION 1701: STATEMENT OF INTENT
Upon finding any building to be in this category, the Building Official shall notify the
owner of record as indicated on the Riverside County Tax Assessors Records, of the intent
of the City in condemning the building, also advising the owner, that a Preliminary Title
Report has been ordered to determine who the concerned parties are, the cost of which will
be assessed against the property owner. If the owner does not respond within fifteen days
from receipt of this statement, the Building Official shall proceed to the next step.
SECTION 1702: FIRST NOTICE
The Building Official, upon determining that a building or structure is unsafe or
substandard shall give a written notice of defects to all parties concerned in the manner
hereinafter stated. The notice shall specify the conditions, which render the building or
structure unsafe or substandard. The notice shall require the owner to obtain all necessary
permits from the Department of Building and Safety and to correct or abate the unsafe or
substandard conditions, either by repair, demolition or removal within thirty days after the
date of notice. If a building is encumbered by a mortgage or deed of trust of record, and the
owner of the building shall not have complied with the order on or before the expiration of
thirty days after the mailing and posting of the notice, the mortgagee or beneficiary under
the deed of trust may, within fifteen days after the expiration of the thirty day period,
comply with the requirements of the notice.
4
SECTION 1703: MANNER OF GIVING NOTICE
The Building Official shall post a copy of the notice of defects in a plainly visible Place on
the building or structure and he shall send a copy, by registered or certified
mail, postage prepaid, return receipt requested, to the owner of the land on which the
building or structure is located, as such persons name and address appears on the last
County equalized assessment roll, and to each mortgage or beneficiary under any deed of
trust, that is of record; to the holder of any lease that is of record, and to the record holder of
any other estate or interest in the building or structure or the land upon which such building
or structure is located, at the last known address of such interest holders.
SECTION 1704: ORDER TO V ACA TE
Whenever, in the opinion of the Building Official, extreme and imminent hazard exists, he
shall be given written notice ordering the occupants of any such building to immediately
vacate and, the event compliance with the order is not voluntarily and promptly obtained, he
shall request the law enforcement agency having jurisdiction to effect such a vacation or
forthwith take such action at law as is required to cause the premises to be vacated. A copy
of the order to vacate, which shall include the reasons for the order, shall be posted on the
building and mailed to all concerned parties and filed in the Building Department files in
the same manner as the notice of defects. Upon giving such order to vacate, the Building
Official shall cause to be posted at each entrance to the building a notice to read: DANGER
- THIS BUILDING UNSAFE FOR OCCUPANCY - DEPARTMENT OF BUILDING
AND SAFETY - CITY OF LAKE ELSINORE, such notices shall remain posted until the
required repair, demolition or removal are completed. Such notice shall not be removed
without written permission of the Building Director and no person shall enter the building
except for the purpose of making the required repairs or the demolition of the building,
without the written permission of the Building Official.
SECTION 1705: NOTICE OF ADMINISTRATIVE PROCEEDING
-
Whenever the first notice of defects has been given, the Building Official shall record in the
office of the County Recorder of Riverside County, a Notice that an administrative
proceeding has been commenced for the abatement of a public nuisance, describing the real
property affected and stating that the costs incurred therein may become a lien on said
property, and directing inquiry for further details to his office, giving the address thereof
SECTION 1706: APPEAL
Any person entitled to service under this ordinance may appeal the proceedings by filing a
written appeal on a form furnished by the Building Official within thirty days of receipt of
the first notice. Failure to do so constitutes a waiver of the owners right to a hearing and
adjudication of the notice or any portion thereof
1. Upon receipt of any appeal the Building Official shall set a hearing date to
not be less than ten days or more than sixty days from the date the appeal
was received.
2. The Building Official upon setting the hearing date of the Appeals Board,
shall notify the appellant(s) at the address shown the Appeal, of the date,
time and place the hearing will be held. This notification shall be given
not less than ten days prior to the hearing date.
3. Except for orders to vacate made pursuant to Section 2( e) of the
ordinance, enforcement of any notice issued under this ordinance shall be
stayed pending the outcome of any appeal property and timely filed.
5
SECTION 1707: HEARING
At the time fixed in the notice, the Board of Appeals shall proceed to hear the testimony of
the Building Official, and the owner of the building or structure or his representative if
present at said hearing, and other concerned parties who may desire to testify, regarding the
condition of the building or structure, the estimated cost of reconstruction, repair or
removal, and any other relevant matter. Upon the conclusion of the hearing, the Board shall
make its decision and, in the event that it so concludes, it may declare the building or
structure to be a nuisance and direct the owner to abate the same by having the building or
structure properly reconstructed or repaired, or by having it razed or removed, and further
notifying the owner that if said nuisance is not abated within thirty days after posting and
mailing of the Boards decision, the building or structure will be razed or removed by the
City of Lake Elsinore and the expense thereof shall be a lien on the lot or parcel of land
upon which the building or structure is located, or make a personal obligation of the
property owner.
1. At any time within ten days after the Boards decision directing the abatement
of a nuisance, the Building Official shall post a copy of the Boards decision
on the building or structure and mail copies thereof to all parties concerned
in the same manner as the first notice, and he shall file an affidavit thereof to
all parties concerned in the same manner as the first notice and he shall file
an affidavit thereof in the Building Department files, the Board may grant
any extension of time to abate said nuisance that it may deem justifiable
upon good cause being shown.
SECTION 1708: TIME TO BRING ACTION
-
Unless the owner or holder of an interest of record brings an action in a court of competent
jurisdiction within thirty days after the date of mailing and posting on said premises of the
notice of the decision of the Board, contesting the validity of any proceedings leading up to
and including the decision of the board, all objections to the proceedings and decisions will
be deemed to have been waived.
SECTION 1709: SECOND NOTICE
If the order of the Building Official in the first notice is not complied with within forty five
days after giving notice and no appeal has been filed the Building Official shall give a
second notice to all parties concerned by posting and mailing in the same manner as the first
notice. The second notice shall be entitled "Notice to Abate Nuisance" the notice shall
direct the owner of the building or structure to effect all necessary abatement within thirty
days from receipt of the second notice or show cause why such building or structure should
not be condemned as a nuisance and abated as wherein provided. The failure of the owner
or any other person to receive such notice shall not affect in any manner the validity of any
proceeding taken hereunder.
SECTION 1710: JURISDICTION TO ABATE
Thirty days after the mailing and posting of the Board of Appeals decision or the second
notice, the City shall have jurisdiction to abate such nuisance by razing or removing the
building or structure. In the event that the nuisance is not abated within the prescribed time,
the City may thereupon raze and remove the building or structure as herein after described
under its direction and supervision.
SECTION 1711: METHOD OF ABATEMENT
Abatement of all buildings or structures under the direction and supervision of the City
pursuant to the provisions of this ordinance shall be done in the following manner:
1. If in the event the nuisance can be abated by repair or rehabilitation, the
Building Official may employ such architectural or engineering assistance
6
on a contract basis as he may deem reasonably necessary to prepare plans
and specifications to facilitate said repair or rehabilitation.
2. Actual work to be done whether it be repair and rehabilitation or demolition
and removal, shall be accomplished by private contract. A minimum of
three bids shall be received from reputable licensed contractors prior to
contracting for work to be done.
SECTION 1712: COST RECOVERY
Repair or demolition cost recovery shall be accomplished in the following manner:
A. Statement of Expense. The Building Official shall keep a complete and
accurate account of costs incurred in the performance of any work pursuant
to the provision of this ordinance.
A verified statement of expense showing the gross and net expense of the
work performed and all other costs shall be given to the City Clerk who shall
schedule it for City Council consideration to set a hearing date. The date,
time, place, and purpose of the hearing shall be published once in a local
newspaper. A copy of the statement and notice shall be accomplished in the
same manner as is prescribed for the first notice.
B.
Hearing on Statement of Expense. At the time fixed for the hearing on the
statement of expense the City Council shall consider the statement, together
with any objections or protests which may be raised by the property owner
or other concerned parties. The Council may make any such revision,
correction or modification in the statement as it may deem just, any
thereafter shall render its decision on the statement. The Councils decision
on the statement and all protests and objection, which may be made, shall be
final and conclusive.
-
C. Method of Payment for Cost Recovery. Shall be determined by the City
Council as a part of the decision rendered in the hearing of the statement of
expense.
1. The council may make the charges a personal obligation of
the property owner and direct the City Attorney to collect the
same using all appropriate legal remedies.
2. Or the Council may order the charge to be made a special
assessment and lien against the property involved and order
said assessment recorded on the assessment roll in behalf of
the City.
D.
Payment and Recordation of Lien. All concerned parties shall be notified of
the City Councils decision of the hearing in the same manner as the first
notice and shall be given opportunity to pay said charges. If payment is not
received within ten days after receipt of the Councils decision on the
statement, the Finance Director shall file in the Office of the County
Recorder of Riverside County a notice of lien, describing the real property
affected, a summary of the action taken to abate the nuisance and the amount
of the lien claimed by the City of Lake Elsinore.
-
1. Priority. Immediately upon its being placed on the
assessment roll the assessment shall be deemed to be
complete, the several amounts assessed shall be payable, and
the assessments shall be liens against the lots or parcels of
land assessed, respectively. The lien shall be subordinate to
all existing special assessment liens
7
previously imposed upon the same property, and shall be
2. paramount to all other liens except for state, county and
municipal taxes with which it shall continue until the
assessment and all interest due and payable thereon are paid.
3. Interest. All such assessment remaining unpaid after thirty
days from the date of recording on the assessment roll shall
become delinquent and shall bear interest at the rate per
annum from and after said date as determined by the City
Council.
4. The amount of the assessment shall be collected at the same
time and in the same manner as ordinary municipal taxes are
collected; and shall be subject to the same penalties and
procedures and sale in case of delinquency as provided for
ordinary municipal taxes. All laws applicable to the levy,
collection and enforcement of municipal taxes shall be
applicable to such assessment.
5. All money recovered by payment of the charge or assessment
or from the sale of the property at foreclosure sale shall be
paid to the City of Lake Elsinore.
E. Release of Lien. Upon payment in full of the costs of the abatement
proceedings and the expense of the work done, the Building Official shall
execute and record with the County Recorder a release of the recorded lien
on the property. If an assessment has been placed on the assessment roll and
is thereafter paid to the Building Official, he shall notify the County Auditor
who shall cancel the assessment on the roll.
-
F. Fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore
Municipal Code.
8
UNIFORM FIRE CODE
1997 EDITION
SECTION 204 C
The following definitions are amended:
1. Chief or Chief of the Fire Department is the City Manager or his authorized
representative.
2. Chief Engineer is the City Manager or his authorized representative.
3. Chief of the Bureau of Fire Prevention is the City Manager or his authorized
representative.
9
UNIFORM PLUMBING CODE
1997 AMENDMENT
PART I VIOLATION AND PENALTIES 102.3.2
the first paragraph is amended to read
as follows:
Any person, firm or corporation violating any provision of this code shall be deemed quilty
of a misdemeanor and upon conviction thereof shall be punishable by a fine of not to
exceed one thousand dollars or by imprisonment in the county jail for not to exceed six
months, or by both fine and imprisonment. Each separate day or any portion thereof during
which any violation of this code occurs or continues shall e deemed to constitute a separate
offense, and upon conviction thereof shall be punishable as herein provided.
PART I SCHEDULE OF FEES 103.4.1 is amended to read as follows:
The schedule of fees shall be set pursuant to Chapter 3.32 of the Municipal Code.
SECTION 701 (A) exception two is amended by adding the preceding sentence to read as
follows:
ABS PVC, and DWV piping installations shall be limited to those structures where
combustible and nonfire rated construction is allowed.
SECTION 903 (A) exception two is amended by adding the preceding sentence to read as
follows:
ABS, PVC, and DWV piping installations shall be limited to those structures where
combustible and nonfire rated constructions is allowed.
-
-
10
UNIFORM MECHANICAL CODE
1997 AMENDMENTS
SECTION 111.1
is amended by adding the preceding paragraph at the end of said section to
read as follows:
Any person, firm, or corporation violating any of the provisions or failing to comply with
any of the mandatory requirements of the ordinance of Lake Elsinore shall be quilty of a
misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake
Elsinore shall be punished by a fine of not more than one thousand dollars, or by
imprisonment not to exceed six months, or by both such fine and imprisonment. Each such
person shall be guilty of a separate offense for each and every day during any portion of
which any violation of any provision of the ordinance of Lake Elsinore is committed,
continued, or permitted by any such person, and shall be punished accordingly.
SECTION 1.5.2
is amended to read as follows:
The fees for each permit shall be as set pursuant to Chapter 3.32 of the Mechanical Code.
-
11
NA TIONAL ELECTRICAL CODE
1996 EDITION
SECTION 304 (A) shall be amended as follows:
Schedule of fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore
Municipal Code.
ARTICLE 310-5
is amended by adding the following sentences:
Conductors smaller than size six shall be copper only.
ARTICLE 336-3
is amended as follows:
Type NM and Type NMC cable shall be permitted to be used in one and two family
dwellings, and multi family apartment dwellings, not exceeding three floors above grade.
12
UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE
1997 EDITION
SECTION 1.11
shall be amended as follows:
Schedule of fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore
Municipal Code.
SECTION 320
is added to read as follows:
Same as Section 15.36.050 of the Lake Elsinore Municipal Code (Ordinance No. 981).
13
UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDING
1997 AMENDMENT
SECTION 202
is amended to read as follows:
-
All building or portions thereof which are determined after inspection by the Building
Official to be dangerous as defined in this code are hereby declared to be public nuisances
and shall be abated by repair, rehabilitation, demolition or removal in accordance with the
procedure specified in Chapter 10 of this code.
SECTION 203
is amended by adding the following paragraph at the end of said section to
read as follows:
Any person violating any of the provisions or failing to comply with any of the mandatory
requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any
person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished
by a fine of not more than one thousand dollars, or by imprisonment not to exceed six
months, or by both such fine and imprisonment. Each such person shall be guilty of a
separate offense for each and every day during any portion of which any violation of any
provision of the ordinances of Lake Elsinore is committed, continued, or permitted by any
such person and shall be punished accordingly.
1. Chapter 4 through 9 is deleted.
2. Chapter 10 - Abatement of substandard and unsafe buildings.
3. Chapter 17 is added to read as follows:
CHAPTER 10
ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS
SECTION 1001: STATEMENT OF INTENT
Upon finding any building to be in this category, the Building Official shall notify the
owner of record as indicated on the Riverside County Tax Assessors Records, of the intent
of the City in condemning the building, also advising the owner, that a Preliminary Title
Report has been ordered to determine who the concerned parties are, the cost of which will
be assessed against the property owner. If the owner does not respond within fifteen days
form receipt of the statement, the Building Official shall proceed to the next step.
SECTION 1002: FIRST NOTICE
The Building Official, upon determining that a building or structure us unsafe or
substandard shall give a written notice of defects to all parties concerned in the manner
hereinafter stated. The notice shall specify the conditions, which render the building or
structure unsafe or substandard. The notice shall require the owner to obtain all necessary
permits from the Department of Building and Safety and to correct or abate the unsafe or
substandard conditions, either by repair, demolition or removal within thirty days after the
date of notice. If a building is encumbered by a mortgage or deed of trust of record, and the
owner of the building shall not have complied with the order on or before the expiration of
thirty days after the mailing and posting of the notice, the mortgagee or beneficiary under
the deed of trust may, within fifteen days after the expiration of the thirty day period,
comply with the requirements of the notice.
14
SECTION 1003: MANNER OF GIVING NOTICE
The Building Official shall post a copy of the notice of defects in a plainly visible place on
the building or structure and he shall send a copy, by registered, to the owner of the land on
which the building or structure is located, as such persons name and address appears on the
last County equalized assessment roll, and to each mortgagee or beneficiary under any deed
of trust, that is of record; to the holder of any lease that is of record, and to the record holder
of any other estate or interest in the building or structure or the land upon which such
building or structure is located, at the last known addresses of such interest holders.
SECTION 1004: ORDER TO VACATE
Whenever, in the opinion of the Building Official, extreme and imminent hazard exists, he
shall give written notice ordering the occupants of any such building to immediately vacate
and, in the event compliance with the order is not voluntarily and promptly obtained, he
shall request the law enforcement agency having jurisdiction to effect such a vacation or
forthwith take such action at law as is required to cause the premises to be vacated. A copy
of the order to vacate, which shall include the reasons for the order, shall be posted on the
building and mailed to all concerned parties and filed in the Building Department files in
the same manner as the notice of defects. Upon giving such order to vacate, the Building
Official shall cause to be posted at each entrance to the building a notice to read: DANGER
- THIS BUILDING UNSAFE FOR OCCUPANCY - DEPARTMENT OF BUILDING
AND SAFETY - CITY OF LAKE ELSINORE, such notices shall remain posted until the
required repair, demolition or removal are completed. Such notice shall not be removed
without written permission of the Building Director and no person shall enter the building
except for the purpose of making the required repairs or the demolition of the building,
without the written permission of the Building Official.
SECTION 1005: NOTICE OF ADMINISTRA TIA VE PROCEEDINGS
Whenever the first notice of defects has been given, the Building Official shall record in the
office of the County Recorder of Riverside County, a notice that an administrative
proceeding has been commenced for the abatement of a public nuisance, describing the real
property affected and stating that the costs incurred therein may become a lien on said
property, and directing inquiry for further details to his office, giving the address thereof
SECTION 1006: APPEAL
Any person entitled to service under this ordinance may appeal the proceedings by filing a
written appeal on a for furnished by the Building Official within thirty days of receipt of the
first Notice. Failure to do so constitutes a waiver of the owners right to a hearing and
adjudication of the notice or any portion thereof
1. Upon receipt of any appeal the Building Official shall set a hearing date to
be not less than ten days or more than sixty days from the date the appeal
was received.
2. The Building Official upon setting the hearing date of the Appeals Board,
shall notify the appellant(s) at the address shown on the Appeal, of the date,
time and place the hearing will be held. This notification shall be given not
less than ten days prior to the hearing date.
3. Except for orders to vacate made pursuant to Section 2( e) of the Ordinance,
enforcement of any notice issued under this ordinance shall be stayed
pending the outcome of any appeal properly and timely filed.
15
SECTION 1007: HEARING
At the time fixed in the notice, the Board of Appeals shall proceed to hear the testimony of
the Building Official, and the owner of the building or structure or his representative if
present at said hearing, and other concerned parties who may desire to testify, regarding the
condition of the building or structure, the estimated cost of reconstruction, repair or
removal, and any other relevant matter. Upon the conclusion of the hearing, the Board
shall make its decision and, in the event that it so concludes, it may declare the building 'or
structure to be a nuisance and direct the owner to abate the same by having the building or
structure properly reconstructed or repaired, or by having it razed or removed, and further
notifying the owner that if said nuisance is not abated within thirty days after posing and
mailing of the Boards decision, the building or structure will be razed or removed by the
City of Lake Elsinore and the expense thereof shall be a lien on the lot or parcel of land
upon which the building or structure is located, or made a personal obligation of the
property owner.
SECTION 1008: TIME TO BRING ACTION
Unless the owner or holder of an interest of record brings an action in a court of competent
jurisdiction within thirty days after the date of mailing and posting on said premises of the
notice of the decision of the Board, contesting the validity of any proceedings leading up to
and including the decision of the Board, all objections to the proceedings and decision will
be deemed to have been waived.
SECTION 1009: SECOND NOTICE
If the order of the Building Official in the first is not complied with within forty five days
after giving notice and no appeal has been filed the Building Official shall give a second
notice to all parties concerned by posting and mailing in the same manner as the first notice.
The second notice shall be entitled "Notice to Abate Nuisance" the notice shall direct the
owner of the building or structure to effect all necessary abatement within thirty days from
receipt of the second notice or show cause why such building or structure should not be
condemned as a nuisance and abated as wherein provided. The failure of the owner or any
other person to receive such notice shall not affect in any manner the validity of any
proceeding taken hereunder.
SECTION 1010: JURISDICTION TO ABATE
Thirty days after the mailing and posting of the Board of Appeals decision or the second
notice, the City shall have jurisdiction to abate such nuisance by razing or removing the
building or structure. In the event that the nuisance is not abated within the prescribed time,
the City may thereupon raze and remove the building or structure as hereinafter described
under its direction and supervision.
SECTION 1011: METHOD OF ABATEMENT
Abatement of all buildings or structures under the direction and supervision of the City
pursuant to the provisions of this ordinance shall be done in the following manner:
1. If in the event the nuisance can be abated by repair or rehabilitation, the
Building Official may employ such architectural or engineering assistance
on a contract basis as he may deem reasonably necessary to prepare plans
and specifications to facilitate said repair or rehabilitation.
2. Actual work to be done whether it be repair and rehabilitation or demolition
and removal, shall be accomplished by private contract. A minimum of
three bids shall be received from reputable licensed contractors prior to
contracting for work to be done.
16
SECTION 1012: COST RECOVERY
Repair or demolition cost recovery shall be accomplished in the following manner.
A. Statement of Expense. The Building Official shall keep a complete and
accurate account of all costs incurred in the performance of any work
pursuant to the provision of this ordinance.
A verified statement of expense showing the gross and net expense of the
work performed and all other costs shall be given to the City Clerk who shall
schedule it for City council consideration to set a hearing date. The date,
time, place, and purpose of the hearing shall be published once in a local
newspaper. A copy of the statement and notice shall be accomplished in the
same manner as is prescribed for the first notice.
B. Hearing on Statement of Expense. At the time fixed for the hearing on the
statement of expense the City Council shall consider the statement, together
with any objections or protests which may be raised by the property owner
or other concerned parties. The Council may make any such revision,
correction or modification in the statement as it may deem just, and
thereafter shall render its decision on the statement. The Councils decision
on the statement and all protests and objection, which may be made, shall be
final and conclusive.
C. Method of Payment for Cost Recovery. Shall be determined by the City
Council as a part of the decision rendered in the hearing of the statement of
expense.
1.
The Council may make the charges a personal obligation of
the property owner and direct the City Attorney to collect the
same using all appropriate legal remedies.
-
2. Or the Council may order the charge to be made a special
assessment and lien against the property involved and order
said assessment recorded on the assessment roll in behalf of
the City.
D. Payment and Recordation of Lien. All concerned parties shall be notified of
the City Council decision of the hearing in the same manner as the first
notice and shall be given opportunity to pay said charges. If payment is not
received within ten days after receipt of the Councils decision on the
statement. The Finance Director shall fine in the office of the County
Recorder of Riverside County a notice of lien, describing the real property
affected, a summary of the action taken to abate the nuisance and the amount
of the lien claimed by the City of Lake Elsinore.
1.
Priority. Immediately upon its being placed on the
assessment roll the assessment shall be deemed to be
complete, the several amounts assessed shall be payable, and
the assessments shall be liens against the lots or parcels of
land assessed, respectively. The lien shall be subordinate to
all existing special assessment liens previously imposed upon
the same property, and shall be paramount to all other liens
except for state, county and municipal taxes with which it
shall continue until the assessment and all interest due and
payable thereon are paid.
-
2. Interest. All such assessments remaining unpaid after thirty
17
3. days from the date of recording on the assessment roll shall
become delinquent and shall bear interest at the rate per
annum from and after said date as determined by the City
Council.
4. The amount of the assessment shall be collected at the same
time and in the same manner as ordinarily municipal taxes are
collected; and shall be subject to the same penalties and
procedures and sale in case of delinquency as provided for
ordinary municipal taxes. All laws applicable to the levy,
collection and enforcement of municipal taxes shall be
applicable to such assessment.
5. All money recovered by payment of the same charge or
assessment or from the sale of the property at foreclosure sale
shall be paid to the City of Lake Elsinore.
E. Release of Lien. Upon payment in full of the costs the abatement proceeding
and the expense of the work done, the Building Official shall execute and
record with the County Recorder a release of the recorded lien on the
property. If an assessment has been placed on the assessment roll and is
thereafter paid to the Building Official, he shall notify the County Auditor
who shall cancel the assessment on the roll.
F. Fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore
Municipal Code.
-
-
18
ORDINANCE NO.,lO}2
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADOPTING THE LIBERTY SPECIFIC PLAN AMENDMENT NO. 2
(LIBERTY FOUNDERS)
WHEREAS, the City of Lake Elsinore ("City") adopted the East Lake Specific Plan
("Specific Plan") in accordance 'With Government Code Section ~S4S0 et seq;;-pursuant to Ordinance
No. 955, dated May2S, 1993, to guide and regulate development within the East Lake Specific Plan
area;
-
WHEREAS, the Easd:.ake Specific Plan area consists of 3,000 acres and is located along the
eastern shoreline of Lake Elsinore and is generally bounded by LakeshoreDrive ontbe north,
Mission Trail and Corydon Road on the east, the city boundary line on the south and the shoreline of
Lake Elsinore on the west;
WHEREAS, the City adopted the Liberty (East Lake) Specific Plan Amendment No.1
("SPA I") in accordance with Government Code Section 6S4S0et seq., pUrsuant to Ordinance No.
1035, dated February 24, 1999, which affected approximately 784 acres in the southwesterly portion
of the East Lake Specific Plan area, and redistributed and reconfigured land uses within the area
previously identified as Phase 1 in the East Lake Specific Plan;
WHEREAS, an application was filed by Liberty Founders ("ApplicaI;lt") with the City for a
second amendment to the East Lake Specific Plan, as amended, hereafter referred to as Liberty
Specific Plan Amendment No. 2 ("SPA 2");
WHEREAS, SPA 2 is intended to allow more flexibility necessary to develop a "Traditional
Neighborhood Design" community and to implement a Wetlands Habitat Enhancement Program
("WHEP") that will provide greater environmental and habitat benefits and protections in the Back
Basin of Lake Elsinore and is supported by Federal, State and County resource agencies;
-
WHEREAS, SPA 2 proposes minor land use changes and amendments to policies and
conditions adopted in connection with the 1993 East Lake Specific Plan;
WHEREAS, the Applicant has also filed applications with the City for an amendment to the
Circulation Element of the Lake Elsinore General Plan to redesignate a section of Diamond Drive,
south of Malaga Road, within the East Lake Specific Plan area, from a four-lane Major street to a
two-lane Collector roadway with on-street parking and center lane left-turn pockets within a 54-foot
curb-to-curb dimension ("GP A 98-4");
WHEREAS, the Applicant has also filed an application for an "A" Tentative Tract Map No.
28766 ("TIM 28766") in order to subdivide the first phase of proposed development within the East
Lake Specific Plan area into large lots for financial purposes;
WHEREAS, in accordance with the requirements oithe California Environmental Quality
Act, CaI. Public Resources Code ~ 21000 et seq. ("CEQA"), the state Guidelines for CEQA, 14 Cal.
Code of Reg. ~ 15000 et seq. ("CEQAGuidelines"), and the City's environmental analysis
procedures, the City prepared an Initial Study to evaluate the impacts of GPA 984, SPA 2, and "A"
Tentative Tract Map No. 28766, and determined that Subsequent Mitigated Negative Declaration No.
99-3 ("SMND 99-3 ") was the appropriate CEQA document to evaluate the environmental impacts of
GP A 98-4, SPA 2, and "A" Tentative Tra~t Map No. 28766;
WHEREAS, on July 7, 1999, the City Planning Commi$sion held a duly noticed public
hearing to consider GP A 98-4, Liberty Specific Plan Amendment No.2, TIM 28766, and SMND 99-
3, and following such public hearing, voted unanimously to recommend that the City Council: (l)
certify and adopt SMND 99-3 as meeting the requirements of CEQA and the CEQA Guidelines, (2)
approve GPA 98-4; (3) adopt the Liberty Specific Plan Amendment No.2, and (4) approve "A"
Tentative Tract Map No. 28766;
WHEREAS, the City Council held a duly noticed public hearing on July 27, 1999, for the
purposes of certifying and adopting SMND 99-3, and considering GP A 984,Liberty Specific Plan
Amendment No.2 and TIM 28766; and
WHEREAS, pursuant to CEQA and the CEQA Guidelines, SMND 99-3 was considered by
the City Council and found to adequately address the potential environmental impacts of General
Plan Amendment No. 98-4, SPA 2, and TIM 28766. The City Council considered the information
contained in SMND 99-3 prior to approval of General Plan Amendment No. 98-4, and upon finding
that SMND 99-3 represents its independent judgment, the City Council adopted Resolution No. 99-
_ certifying SMND 99-3.
ORDINANCE NO. .1052
PAGE 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE THAT:
-
Section 1: Upontbe recommendation of the.. Planning Commission and based upon the
Findings adopted. herein with regard to the approval of Liberty Specific Plan Amendment No.2, the
facts and findings in the staffreport, and facts and findings presented at the City's public hearings,
the City Council hereby (i) finds that Liberty Specific Plan Amendment No. 2 is consistent with the
General Plan of the City; and (it) approves and adopts Liberty Specific Plan Amendment No.2, and
the Conditions of Approval for the Liberty Specific Plan Amendment No.2, General Plan
Amendment No. 98-4, and "A" Tentative Tract Map No. 28766. In this regard, the City Council
makes the following Findings based upon substantial evidence contained in the record of these
proceedings:
A. Liberty Specific Plan Amendment No. 2 meets the City's Specific Plan criteria for content
and required implementation of the General Plan established by Section 65450 m ,Gg,. of the
California Govenunent Code and Section 17.99 of the City of Lake Elsinore Municipal Code.
B. Liberty Specific Plan Amendment No.2 is consistent with the Goals, Policies and Objectives
of the General Plan, and with all other applicable plans or policies adopted by the City.
C. The development standards and regulations contained within Liberty Specific Plan
Amendment No.2 supersede otherwise applicable City ordinances and codes to the ex:tent
stated in the Conditions of Approval. Approval of Liberty Specific Plan Amendment No.2
shall not be interpreted as waiving compliance with other Federal or State laws or City
Codes.
D. Those issues, standards, guidelines, etc., not addressed in the East Lake Specific Plan as
amended by Liberty Specific Plan Amendments No.1 and 2, or vested or fixed by the 1993
East Lake Development Agreement (as may be amended), will revert to the City Municipal
Code in effect at the time applications for fUture projects are deemed complete.
-
E. The approval of Liberty Specific Plan Amendment No.2 will not result in any significant
environmental impacts beyond those analyzed in Subsequent Mitigated Negative Declaration
No. 99-3.
F. The location of the land uses within Liberty Specific Plan Amendment No. 2 allows future
development to be well-integrated with its surroundings.
G. Liberty Specific Plan Amendment No.2 proposes land uses to be adequately serviced by
existing andlor proposed public facilities and services.
H. The overall design of Liberty Specific Plan Amendment No. 2 will produce an attractive,
efficient and stable development.
1. Liberty Specific Plan Amendment No.2 will not be detrimental to the health, safety, comfort
or general welfare of the persons residing or working within the Bast Lake Specific Plan area
or within the City, nor. will it be injurious. to property or improvements in the East Lake
Specific Plan area or within the City.
J. The conditions of approval imposed on the project will b.e incorporated into Liberty Specific
Plan Amendment No.2 to ensure that the issues identified by the Planning Commission and
City Councilbaye been resolved.
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 this Ordinance and cause this Ordinance to be published and
posted in the manner required by law.
PASSED, UPON FIRST READING this 'lOtll; day.of August:, .;t9;9~~~.:,
following vote: .. . . - . -..- .-
AYES: COUNCILMEMBERS:BRINLEY, METZE, PAPE, SCHIFFNER
KELLEY
NOES: COUNCILMEMBERS: NONE
ABSTENTIONS:
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
ABSENT:
ORDINANCE NO. .1052
PAGE 3
PASSED, UPON SECOND READING this 2,4'thday of August, 1999, by the followir.g vote:
AYES:
CO~CIL~~ERS:BRINLEY, METZE PAPE, SCHIFFNER,
" KELLEY~_- ,
OOUNCILMEMBERS: NONE
NOES:
ABSTENTIONS:
COUNCILMEMBERS: NONE
COUNCILME:Ml3ERS NONE
-
ABSENT:
LERK"
-
CITY OF LAKE ELSINORE
ORDINANCE NO. 1053
AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
REPEALING CHAPTER 8.44, SECTION 8.44.010 " SPEED LIMIT";
and CHANGING IT TO READ CHAPTER 8.44.010 "FISHING"; and
RESCINDING CHAPTER 9.96 SECTION 9.96.193.
WHEREAS, the City Council of the City of Lake Elsinore has
determined that Chapters 8.44 and 9.96 of the Lake Elsinore
Municipal Code need to be changed in order to enhance and protect
the recreational use of the Lake; and
WHEREAS, it is necessary to adopt fishing license regulations
that conform with those of the State of California Fish and Game
Commission in order to facilitate local enforcement of those
regulations.
WHEREAS, it is necessary to regulate the size and bag limits of
certain fish species in order to assure the continued viability of
all fish species inhabiting the Lake.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE AS FOLLOWS:
SECTION I
Chapter 8.44, Section 8.44.010 of the Lake Elsinore Municipal Code
is hereby repealed and will read as follows:
\\ Section 8.44.010 "Speed Limit"
Section 81.44.010 "Speed Limit" is hereby repealed.
SECTION II
Chapter 8.44, of the Lake Elsinore Municipal Code is hereby added to
read as follows:
"Section 8.44.010" "Fishino Without a License"
A. Anyone 16 .years of age and older must have a California
Sport Fishing License to take any kind of fish from the waters of
Lake Elsinore.
B. Display of California Sport Fishing License. Every
person, while engaged in taking any fish from the waters of Lake
Elsinore shall display their valid Sport Fishing License by
attaching it to their outer clothing at or above the waistline so
that it is plainly visible.
-
"Section 8.44.020" "Size and Fish Ouantitv Limits"
A. No fish less than the legal minimum size as set forth in
Paragraph "C" may be taken from the waters of Lake Elsinore other
than carp and shad.
B. No person shall retain any fish in excess of the bag limit
set forth in Paragraph "C".
C. Minimum size and bag 1 i mi t list:
Lenqth Limit
Crappie (all species) 10" 10
Catfish (all species) 10" 10
Bass (all species) 13" 6
Bullheads (all species) 10" 10
Bluegill No size 1 i mi t 10
Carp No size limit No limit
Shad No size limit No limit
"Section 8.44.030
"Fishinq in Restricted Areas"
No person shall fish in restricted areas without the expressed
written approval of the City Manager.
"Section 8.44.040" "Fishinq Hours/Lake Elsinore"
Fishing from shore is allowed between the hours of six A.M. and
ten P.M. dailYi fishing from Lake Elsinore waters is from sunrise to
\, sunset, except for permitted activities (permits must be approved
and obtained from the City of Lake Elsinore) .
"Section 8.44.050" "Fishinq Methods - General"
Section 9.96.193 of the Lake Elsinore Municipal Code is hereby
rescinded a~d replaced with Section 8.44.050.
A. No person shall fish with a net without the expressed
written approval of the City Manager.
B. No person shall fish with more than one pole unless they
have purchased the additional sticker as authorized by the State
Department of Fish and Game. Anglers in possessi.on of a valid two-
rod stamp and anglers under 16 years of age may use up to two rods
in the waters of Lake Elsinore.
,
\.,
Section 8.44.060
Docks"
"Fishinq from City Owned Launch Ramos and
Fishing from City owned launch ramps and docks is prohibited.
Section 8.44.070
"Cleaninq of Fish"
Cleaning of fish on the water or shoreline is prohibited.
Section 8.44.080
"Fishinq Within Fish Habitat Buovs"
Fishing wi thin 25-feet of marked buoyed fish habitat areas is
prohibited.
Section 8.44.90
Violations. Penaltv Established
First offense shall be deemed an infraction, subject to a seventy-
five-dollar fine ($75) i second offense shall be deemed a
misdemeanor.
{ This ordinance shall become effective as provided by law.
Introduced and approved upon first reading this 26th day of October ,
1999, upon the following ro1l call vote:
-2-
AYES: Councilmembers:
BRINLEY, METZE, PAPE, SCHIFFNER,
KELLEY
NONE
NOES: Councilmembers:
ABSENT: Councilmembers:
NONE
ABSTAIN: Councilmembers:
NONE
Passed, Approved, and Adopted this 9th day of November
upon the following roll call vote:
, 1999,
AYES: Councilmembers: BRINLEY, PAPE, SCHIFFNER, KELLEY
NOES: Councilmembers: NONE
ABSENT: Councilmembers: METZE
ABSTAIN: Council members: NONE
Attest:
?L~.,~ Yh<YJ
-""icl<i'-Lynn a-sad, City Clerk
': Sear) --
APPROVED AS TO FORM AND LEGALITY:
/-',
", / / /
~.', /, //
~" I ',J''';' /
I 'J . ,',. ,/;. ",' ,/
/i,,1t t / JfI l. . ....~,/,.. {<;m, / /
V ,,(,: I,; .' I.,.{ "/1', ! U"
.i. v, r I'"". / ....
B~rbara Lefhold, City Attorney
-3-
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
October 26, 1999; approved upon second reading by title only on November 9, 1999, by the
following roll call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, METZE, P APE, SCHIFFNER,
KELLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
-
0~U
~ICKI KASAD, CITY CLERK
G!.TY 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. 1053 of said Council, and that the same has not been amended or repealed.
DATED: November 17, 1999
-
2f~~
-VICKI KASAD, CfTY CLERK
~(.:!TY Of LAKE ELSINORE
-
(SEAL) -
ORDINANCE NO. 1054
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE AUTHORIZING
AN AMENDMENT TO THE CONTRACT BETWEEN
THE CITY OF LAKE ELSINORE AND THE BOARD
OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM.
The City Council of the City of Lake Elsinore does ordain as follows:
Section 1.
That the amendment to the contract between the City Council of the City of
Lake Elsinore and the Board of Administration, California Public
Employees' Retirement System is hereby authorized, a copy of said
amendment being attached hereto, marked Exhibit, and by such reference
made a part hereof as though herein set out in full.
Section 2.
The Mayor of the City of Lake Elsinore is hereby authorized, empowered,
and directed to execute said amendment for and on behalf of said Agency.
Section 3.
This Ordinance shall take effect thirty days after the date of its adoption, and
prior to the expiration of 15 days from the passage thereof shall be published
at least once in the Lake Elsinore Valley Sun Tribune, a newspaper of
general circulation, published and circulated in the City of Lake Elsinore and
thenceforth and thereafter the same shall be in full force and effect
INTRODUCED AND APPROVED upon first reading by title only, this
26th day of October, 1999, by the following roll call vote:
AYES:
COUNCILMEMBERS: BRINLEY, METZE, PAPE, SCHIFFNER, KELLEY
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: NONE
ABSTAIN:
COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED upon second reading by title
only, this 23rd day of November ,1999, by the following roll call vote:
AYES:
COUNCILMEMBERS: KELLEY, PAPE, SCHIFFNER, BRINLEY
NOES:
COUNCILMEMBERS: NONE
r-
l
t
'......
-.-.
PAGE TWO - ORDINANCE NO. 1054
ABSENT:
COUNCILMEMBERS: METZE
ABSTAIN:
COUNCILMEMBERS: NONE
-........,\
)
//;~f
\//../ :l/
PAMELAB
CITY OF L
ATTEST:
(' .....
0xu
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
APPROVED AS TO LEGAL FORM:
~~TYATTORNEY
,. ",'.
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
October 26, 1999; approved upon second reading by title only on November 23, 1999, by the
following roll call vote:
AYES:
COUNCILMEMBERS:
KELLEY, P APE, SCHIFFNER, BRINLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
METZE
ABSTAIN:
COUNCILMEMBERS:
NONE
0:. .J:J.
VJ~SAD, crTY CLERK
CIFY 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. 1054 of said Council, and that the same has not been amended or repealed.
DATED: November 24,1999
-
i...l.J.
. vr~SAD, CITY CLERK
t::ITY OF LAKE ELSINORE
(SEAL)
ORDINANCE NO. 1055
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE
AMENDING CHAPTER 5.28 OF THE
LAKE ELSINORE MUNICIPAL CODE
REGARDING CARDROOMS
WHEREAS, Chapter 5.28 of the Lake Elsinore Municipal Code establishes regulations
for the operation of Cardrooms in the City; and
WHEREAS, the Gambling Control Act, California Business & Professions Code
Sections 18000, et seq., was recently amended to include certain additional requirements
regarding the regulation of gambling establishments by local jurisdictions; and
WHEREAS, it is the purpose and intent of the City Council of the City of Lake Elsinore
to amend Chapter 5.28 of the Lake Elsinore Municipal Code in order to comply with the
requirements of the Gambling Control Act; and
WHEREAS, the City Council of the City of Lake Elsinore specifically desires to amend
Chapter 5.28 of the Lake Elsinore Municipal Code in order to include provisions regarding
(1) wagering limits in Cardrooms, (2) the total number of card tables in each Cardroom, (3) the
total number of card tables in the City, (4) limiting the issuance of work permits to reflect the
restrictions set forth in Business & Professions Code Section 19850.A., and (5) the ability of the
Division of Gambling Control to object to an application for a work permit; and
WHEREAS, pursuant to State law and the request by the State Department of Justice,
Division of Gambling Control, such amendments must take effect not later than December 31,
1999.
-
NOW THEREFORE, the City Council of the City of Lake Elsinore does hereby ordain
as follows:
Section 1.
to read as follows:
Section 5.28.140 of the Lake Elsinore Municipal Code is hereby amended
"5.28.140 Number of tables. No license or renewal thereof shall be issued for a
Cardroom with less than thirty (30) card tables or more than one hundred (100)
card tables. In addition, no more than five hundred (500) card tables are
authorized to operate in the City as a whole."
Section 2. Section 5.28.180 of the Lake Elsinore Municipal Code is hereby amended
to add the following:
"F. The Sheriff s Department shall deny an application for a work permit to
any applicant who is: (1) disqualified for any of the reasons set forth in
Business and Professions Code Section 19850A.(a); or (2) objected to by
the State Department of Justice, Division of Gambling Control and any
successor divisions or agents of the State of California that may have
responsibility for, and jurisdiction over, gambling control within the State.
-
Section 3.
to read as follows:
Section 5.28.200 of the Lake Elsinore Municipal Code is hereby amended
"5.28.200 Location; Change of Location.
A. The location of Cardrooms shall comply with the Zoning Ordinance of the City of
Lake Elsinore and meet the requirements of this Chapter.
B. Any change in location of a Cardroom may be made only after written request by
the permittee/licensee to the City Clerk and approval of the new location by the
City Council."
CardroomOrdinance40 14.000
11/17/99
Section 4. A new Section 5.28.270 is hereby added to the Lake Elsinore Municipal
Code to read as follows:
"5.28.270 Wagering limits, house rules and posting requirements.
-
B.
All table and wagering limits shall be fixed by the Cardroom in its
discretion and shall comply with all applicable federal, state and local
laws, ordinances and regulations.
There shall be posted in a conspicuous place in the Cardroom the
following:
(1) the minimum buy-in, wagering limits, and any and all charges or
other fees assessed players at a table;
(2) a set of detailed house rules applicable to the games played, which
shall be posted in the form of a printed rule book;
(3) a copy of the current valid city license/permit and the licensee's
current gambling license issued under the Gambling Control Act as
codified in Division 8, Chapter 5 of the California Business and
Professions Code;
(4) The hours during which the Cardroom will remain open for
business."
A.
Section 5. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council of the City of Lake Elsinore hereby declares that it would have
adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof,
irrespective of the fact that anyone or more section, subsection, sentence, clause, phrase or
portion may be declared invalid or unconstitutional.
_ Section 6. In accordance with the amendments to the Gambling Control Act and for
the immediate preservation of the public peace, health and safety, this Ordinance shall take effect
immediately upon passage by a four-fifths vote ofthe City Council.
PASSED, APPROVED AND ADO
,1999.
A'r~t:. .
'2)k U
Vicki Kasad, City Clerk
-
UPON THE FOLLOWING ROLL CALL VOTE:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
KELLEY, PAPE, SCHIFFNER, BRINLEY
NONE
METZE
NONE
CardroomOrdinance40 14.000
2
11/17/99
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 Urgency Ordinance was introduced, read and approved by title only
on November 23, 1999, by the following roll call vote:
AYES:
COUNCILMEMBERS:
KELLEY, P APE, SCHIFFNER, BRINLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
METZE
ABSTAIN:
COUNCILMEMBERS:
NONE
~MLERK
CITYQF 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. 1055 of said Council, and that the same has not been amended or repealed.
DATED:--November 24,1999
1- .'YI
VI~S~CLERK
CITY" OF LAKE ELSINORE
-
(SEAL)
ORDINANCE NO. 1056
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
AMENDING CHAPTER 8.52 OF THE LAKE ELSINORE MUNICIPAL CODE
REGARDING FIREWORKS
-
WHEREAS, Chapter 8.52 of the Lake Elsinore Municipal Code establishes a prohibition
on the sale, possession, use and discharge of all fireworks within the corporate limits of the City;
and
WHEREAS, it is the purpose and intent of the City Council of the City of Lake Elsinore
to amend Chapter 8.52 of the Lake Elsinore Municipal Code in order to clarify an exception to
the prohibition of fireworks for fireworks displays permitted in accordance with the Uniform Fire
Code, adopted by reference by Chapter 15.56 of the Lake Elsinore Municipal Code; and
NOW THEREFORE, the City Council of the City of Lake Elsinore does hereby ordain
as follows:
Section 1. Section 8.52.010 of the Lake Elsinore Municipal Code is hereby amended
to read as follows:
"8.52.010 Prohibition. "It is unlawful for any person, partnership, corporation or
association of any kind to, at any time, sell, offer for sale, store, handle, give
away, possess, discharge or attempt to discharge, any fireworks, including
fireworks classified safe and sane fireworks, within the corporate limits of the
City, except as provided for and authorized by the Uniform Fire Code as currently
adopted and hereafter amended and incorporated by reference in the Lake Elsinore
Municipal Code."
-
Section 2. This Ordinance shall become effective as provided by law.
INTRODUCED AND APPROVED UPON FIRST READING this 14th day of
Decpmbpr , 1999.
AYES: COUNCILMEMBERS:
KELLEY, PAPE, SCHIFFNER, BRINLEY
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
METZE
ABSTAIN: COUNCILMEMBERS:
NONE
-
FireworksOrdinance40 14 .000
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 11 th
day of January 2000
AYES: COUNCILMEMBERS:
KELLEY, PAPE, SCHIFFNER, BRINLEY
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
METZE
Pamela Brinley, Mayo
A'1."'TEST:
d~~
'vi~1d Kasar.l, City Clerk '
City of Lake Elsinore
-
-
FireworksOrdinance40 14.000
2
12/07/99
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 December, 1999; approved upon second reading by title only on January 11,2000, by
the following roll call vote:
AYES:
COUNCILMEMBERS:
KELLEY, P APE, SCHIFFNER, BRINLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
METZE
ABSTAIN:
COUNCILMEMBERS:
NONE
-
2J( J" ~
"~..
YICKI SAD, C TY CLERK
crr.y 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. 1056 of said Council, and that the same has not been amended or repealed.
DAtED: January 11,2000
p[ -~
~~SAD, CITY CLERK
crfY QF LAKE ELSINORE
(SEAL)