HomeMy WebLinkAboutOrd. Nos 1996-1011-1023
ORDINANCE NO. 1011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE WITH REGARD TO PERSONS
ENTERING UPON THE FIELD OF PLAYA T THE
DIAMOND STADIUM
R E C I TA L S
WHEREAS, the potential exists for persons leaving the designating seating area or
concourse at the Lake Elsinore Diamond Stadium before, during and/or after an event, and
causing malicious damage and/or interrupting said event; and
WHEREAS, the City Council for the City of Lake Elsinore desires to prohibit persons
other than those specifically authorized by either the City or the Lake Elsinore Storm Baseball
Team from entering areas other than designated seating and/or concourse areas;
NOW, THEREFORE, IT IS HEREBY ORDAINED AS FOLLOWS: Section 9.54 is
hereby added to the Lake Elsinore Municipal Code as follows:
Section 9.54: It shall be unlawful for any person to enter upon any area within the Lake
Elsinore Diamond Stadium not specifically designated for seating or within the public concourse
area without permission of the Lake Elsinore Storm Baseball Club or the City of Lake Elsinore.
It shall specifically be unlawful to enter upon the field of play during the baseball game or
during any other event in progress without said permission.
ORDINANCE NO. 1011
PAGE TWO
INTRODUCED AND PASSED upon first reading, this 27thday of February ,
1996, by the following roll call vote:
AYES:
COUNCILMEMBER: ALONGI, BRINLEY, KELLEY, METZE, PAPE
NOES:
COUNCILMEMBER: NONE
ABSENT:
COUNCILMEMBER: NONE
ABSTENTIONS: COUNCILMEMBER: NONE
PASSED, APPROVED AND ADOPTED upon second reading this 12th day
of March , 1996, by the following roll call vote:
AYES:
COUNCILMEMBER
ALONGI, KELLEY, METZE, PAPE
NOES:
COUNCILMEMBER
NONE
ABSENT:
COUNCILMEMBER
BRINLEY
ABSTENTIONS: COUNCILMEMBER NONE
ATTEST:
/
0.~~
VICIa KASAD, CITY CLERIC
CITY OF LAKE ELSINORE
APPROVED AS TO FORM
-
~dwlr(
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 February 27, 1996, and passed on March 12,
1996, by the following roll call vote:
AYES:
COUNCILMEMBERS: ALONGI, KELLEY, METZE, PAPE
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: BRINLEY
ABSTAIN: COUNCILMEMBERS: NONE
JLU
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 1011 of said Council, and that the
same has not been amended or repealed.
March 18, 1996
(SEAL)
ORDINANCE NO. 1012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE AMENDING THE LAKE ELSINORE
MUNICIPAL CODE SECTION 17.70 "ADULT BUSINESS" BY
PROVIDING STANDARDS FOR THE REGULATION OF
ADULT BUSINESSES AND LIMITING THEM IN A
DESIGNATED ADULT BUSINESS (AB) OVERLAY DISTRICT;
PROVIDING FOR LICENSING AND REGULATION OF
ADULT BUSINESSES; PROVIDING ADDmONAL HEALTH
AND SAFETY REGULATIONS FOR ADULT BUSINESSES;
AND REPEALING SECTIONS INCONSISTENT THEREWITH
THE CITY COUNCIL OF THE CITY OF Lake Elsinore DOES ORDAIN AS
FOLLOWS:
SECTION 1. The City Council of the City of Lake Elsinore does hereby find, determine
and declare that:
A. It is the purpose and intent of this Ordinance to provide for the reasonable
and uniform regulation of adult-oriented businesses in the City of Lake Elsinore. It is recog-
nized that adult-oriented businesses have a serious deleterious effect upon adjacent areas, as well
as the areas in which they are located. It is therefore the purpose of this Ordinance to establish
criteria and standards for the establishment and conduct of adult-oriented businesses which will
protect the public health, safety, and welfare, preserve locally recognized values of community
appearance, minimize the potential for nuisances related to the operation of adult-oriented
businesses, and maintain local property values.
B. It is recognized that adult-oriented businesses, due to their nature, will
effect significant changes in vehicular traffic, noise, pedestrian safety, air quality, parking,
neighborhood character, and will create a demand on public safety and emergency services; and
will have an adverse impact upon real estate values in the City of Lake Elsinore.
C. It is the purpose and intent of this Ordinance to establish proper regulations
and to provide for a reasonable number of appropriately located sites within designated Adult
Business "AB" overlay Districts for adult-oriented businesses within the City of Lake Elsinore,
based upon the following findings:
(1) The City Council in adopting this Ordinance takes Legislative Notice of
the existence and content of the following studies that substantiate the
adverse, secondary effects of adult-oriented
businesses:
Austin, Texas:
Indianapolis, Indiana:
Los Angeles, California:
Phoenix, Arizona:
St. Paul, Minnesota:
Garden Grove, California
Upland, California
1986
1984
1977
1979
1989
1991
1992
(2) Based on the foregoing studies and the other evidence presented, the City
of Lake Elsinore finds that:
(a) Adult-oriented businesses are linked to increases in the crime rates
of those areas in which they are located and that surround them;
and,
(b) Both the proximity of adult-oriented businesses to sensitive land
uses and the concentration of adult-oriented businesses tend to
result in the blighting and downgrading of the areas in which they
are located.
(3) The studies conducted in various communities in other jurisdictions have
demonstrated that the proximity and concentration of adult-oriented
businesses adjacent to residential, recreational, religious, educational, or
other adult-oriented businesses can cause other businesses and residents to
move elsewhere.
(4) The studies conducted in various communities in other jurisdictions have
demonstrated that adult-oriented businesses are linked to increases in the
crime rates and blighting of those areas in which they are located and that
surround them.
(5) The special regulation of adult-oriented businesses is necessary to ensure
that their adverse secondary effects will not contribute to an increase in
the crime rates or the blighting or downgrading of the areas in which they
are located or surrounding areas. The need for the special regulation is
based on the recognition that adult-oriented businesses have serious
objectionable operational characteristics, particularly when several of them
are concentrated under certain circumstances or located in direct proximity
with sensitive uses such as residential zones and uses, parks, schools,
churches, or day care centers, thereby having a deleterious effect upon the
adjacent areas.
(6) It is the purpose and intent of these special regulations to prevent the
concentration of adult-oriented businesses and thereby to prevent such
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adverse secondary effects. Thus, in order to protect and preserve the
public health, safety, and welfare of the citizenry, especially minors, the
special regulation of the time. place. and manner of the location and
operation of adult-oriented businesses is necessary.
(7) The protection and preservation of the public health, safety and welfare
require that certain distances be maintained between adult-oriented
businesses and residential uses and zones, churches, schools, day care
centers, parks and other adult-oriented businesses. In preparation of this
Ordinance, the City of Lake Elsinore has taken the location of residential,
religious, educational, recreational and other adult-oriented businesses into
consideration and has endeavored to minimize the effect that adult-oriented
businesses have upon those sensitive areas and upon the community in
general.
(8) The need to regulate the proximity of adult-oriented businesses to sensitive
land uses such as residential, religious, educational, recreational and other
adult-oriented businesses is documented in studies conducted by other
jurisdictions as listed elsewhere in this Section.
(9) The report of the State of Minnesota Attorney General's Working Group
on the regulation of sexually oriented businesses dated June 6, 1986, indi-
cates that:
(a) Community impacts of sexually oriented businesses are
primarily a function of two variables, proximity to
residential areas and concentration. Property values are
directly affected within a small radius, typically one block,
of the location of a sexually oriented business.
Concentration may compound depression of property values
and may lead to an increase of crime sufficient to change
the quality of life and perceived desirability of property in
a neighborhood; and,
(b) The impacts of sexually oriented businesses are exacerbated
when they are located near one another. When sexually
oriented businesses have multiple uses (i.e. theater,
bookstore, nude dancing, peep booths), one building can
have the impact of several separate businesses.
(10) In consideration of the findings of the report of the State of Minnesota
Attorney General's Working Group on the regulation of sexually oriented
businesses dated June 6, 1986, it is appropriate to prohibit the con-
centration of multiple adult-oriented businesses in order to mitigate the
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compounded concentrations as described above.
(11) In adopting the regulations set out in this Chapter, it is recognized that
locating adult oriented businesses covered by this Chapter in the vicinity
of facilities frequented by minors will cause the exposure of minors to
adult material which, because of their immaturity, may adversely affect
them. In addition, it is recognized that many persons are offended by the
public display of certain sexual material. Special regulation of these uses
is necessary to ensure that these adverse effects will not contribute to the
blighting or downgrading of the surrounding neighborhood and to an
adverse effect on minors. The City of Lake Elsinore has conducted
studies identifying particular areas of the City frequented by minors, and
has identified areas wherein adult-oriented businesses would have a major
visual impact upon the residents of the City, and has utilized such studies
as the basis for locating areas of the City appropriate for the Adult
Business Overlay Zones established in this Ordinance.
(12) Zoning, licensing and other police power regulations are legitimate
reasonable means of accountability to ensure that the operators of adult-
oriented businesses comply with reasonable regulations and are located in
places which minimize the adverse secondary affects that which naturally
accompany the operation.
(13) The City of Lake Elsinore has a legitimate health concern about sexually
transmitted diseases, including AIDS, which demands reasonable
regulations of adult-oriented businesses in order to protect the health and
well-being of its citizens.
(14) The City Council of Lake Elsinore has considered the decisions of the
United States Supreme Court regarding local regulation of adult-oriented
businesses, including but not limited to: Youn~ v. American Mini-
Theaters. Inc., 427 U.S. 50 (1976) reh. denied 429 U.S. 873; Renton v.
Playtime Theaters, 475 U.S. 41 (1986) reh. denied 475 U.S. 1132;
FW/PBS. Inc. v. Dallas, 493 U.S. 215 (1990); and Barnes v. Glen
Theater. Inc., 111 S.Ct. 2456, 115 L.Ed 2d 504 (June 21, 1991).
(15) The City Council of Lake Elsinore has determined that locational criteria
alone do not adequately protect the health, safety and general welfare of
the people of Lake Elsinore and thus certain requirements with respect to
the ownership and operation of adult-oriented businesses are in the public
interest.
(16) The City Council of Lake Elsinore consistent with sale and consumption
of alcohol and outside advertising limitations further finds that additional
4
regulations, including restricted hours of operation will further prevent the
adverse secondary effects of adult-oriented businesses.
(17) The City Council of Lake Elsinore desires to protect the rights conferred
by the United States Constitution. As such, the Council does so in a
manner that ensures the continued and orderly development of property
within the City and diminishes, to the greatest extent feasible, those
undesirable secondary effects which the aforementioned studies have
shown as associated with the development and operation of adult-oriented
businesses.
(18) It is not the intent of the City Council of Lake Elsinore under this
Ordinance nor any provision thereof, to condone nor legitimize the
distribution of obscene material, and the Council recognizes that state law
prohibits the distribution of obscene materials and expects and encourages
law enforcement officials to enforce state obscenity statutes against such
illegal activities in Lake Elsinore.
(19) It is not the intent of this Ordinance to suppress any speech activities
protected by the First Amendment, but to enact a content neutral
ordinance which addresses the adverse secondary effects of adult-oriented
businesses.
SECTION 2. Chapter 17.70 "Adult Business Regulations" of the Lake Elsinore
Municipal Code is hereby amended in its entirety to read as follows:
Sections:
17.70.002
17.70.004
17.70.006
17.70.008
17.70.010
17.70.012
17.70.014
17.70.016
17.70.018
17.70.020
17.70.022
"Chapter 17.70"
ADULT BUSINESS REGULATIONS
Purpose and Intent.
Definitions.
Criteria For the Establishment of Adult Business Overlay District
Restriction to Adult Business (AB) Overlay Zoning Districts.
Statements and Records.
Conditional Use Permit Required.
Time Limits For Action On Conditional Use Permit.
Sale/Serving of Alcohol and Intoxicated Persons.
Suspension and Revocation of a Conditional Use Permit.
Adult Business License Required.
Application For Adult Business License.
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17.70.024
17.70.026
17.70.028
17.70.030
17.70.032
17.70.034
17.70.036
17.70.038
17.70.040
17.70.042
17.70.044
17.70.046
Investigation.
Decision by Director of Community Development on Application For
License.
Grant of Application For License.
Denial of Application For License.
Inspection.
Expiration of License.
Revocation of License.
Hearing on Revocation of License.
Regulations Nonexclusive.
Violations/Penalties.
Public Nuisance.
Conflicting Ordinances Repealed.
17.70.002 Puq>ose and Intent. The purpose and intent of this Chapter are to
regulate adult-oriented businesses which, unless closely regulated, tend to have serious secondary
effects on the community, which effects include, but are not limited to, the following:
depreciation of property values and increase in vacancies in residential and commercial areas in
the vicinity of Adult Businesses; interference with residential property owners' enjoyment of
their property when such property is located in the vicinity of Adult Businesses as a result of
increases in crime, litter, noise and vandalism; higher crime rates in the vicinity of Adult
Businesses; and blighting conditions such as low-level maintenance of commercial premises and
parking lots, which thereby have a deleterious effect upon adjacent areas. Special regulation of
these businesses is necessary to prevent these adverse effects and the blighting or degradation
of the neighborhoods in the vicinity of the Adult Businesses.
It is neither the intent nor the effect of this Chapter to impose limitations or
restrictions on the content of any communicative material. Similarly, it is neither the intent nor
the effect of this Chapter to restrict or deny access by adults to communication materials or to
deny access by the distributors or exhibitors of Adult Businesses to their intended market.
Nothing in this Chapter is intended to authorize, legalize or permit the
establishment, operation or maintenance of any business, building or use which violates any City
ordinance or any statute of the State of California regarding public nuisances, unlawful or
indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or
public display thereof. r----
17.70.004 Definitions. The following words and phrases shall, for the purposes
of this Chapter, be defined as follows, unless it is clearly apparent from the context that another
meaning is intended.
6
A. Adult Arcade. An establishment where, for any form of
consideration, one or more still or motion picture projectors, slide
projectors or similar machines, for viewing by five or fewer
persons each, are used to show films, motion pictures, video
cassettes, slides or other photographic reproductions which are
characterized by an emphasis upon the depiction or description of
'specified sexual activities' or 'specified anatomical areas;'
B. Adult Bookstore or Adult Video Store. An establishment which
has as a regular and substantial portion of its stock-in-trade
business, or advertising to the sale, rental or viewing for any form
of consideration anyone or more of the following:
Books, magazines, periodicals or other printed matter, or
photographs, films, sculptures, motion pictures, video cassettes,
slides or other visual representations ('Adult Material ') which are
characterized by an emphasis upon the depiction or description of
'specified sexual activities' or 'specified anatomical areas.' See
'Adult Business' for definition of the term 'regular and substantial
course. '
C. Adult Business. Any business establishment or concern which as a regular and
substantial course of conduct performs or operates as an Adult Bookstore, or
Adult Video Store, Adult Theater, Adult Motion Picture Theater, Adult Cabaret,
Adult Motel/Hotel, Adult Arcade, or any other business or concern which as a
regular and substantial portion of its business offers to its patrons products,
merchandise, services or entertainment which are distinguished or characterized
by an emphasis on matter depicting, describing or relating to Specified Sexual
Activities or Specified Anatomical Areas but not including those uses or activities,
the regulation of which is preempted by state law. 'Adult Business' shall also
include any establishment which as a regular and substantial course of conduct
provides or allows performers, models, or employees to appear in any public
place dressed only in lingerie and / or intimate apparel or conduct work exposing
specified anatomical areas, as defined.
D. Adult Cabaret. A nightclub, restaurant or similar business
establishment which regularly features live performances which are
characterized by the exposure of 'specified anatomical areas' or by
'specified sexual activities,' or films, motion pictures, video
cassettes, slides or other photographic reproductions which are
characterized by an emphasis upon the depiction or description of
'specified sexual activities' or 'specified anatomical areas;'
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E. Adult Hotel/Motel. A hotel or motel or similar business
establishment offering public accommodations for any form of
consideration which (1) provides patrons with closed-circuit
television transmissions, films, motion pictures, video cassettes,
slides or other photographic reproductions which are characterized
by an emphasis upon the depiction or description of 'specified
sexual activities' or 'specified anatomical areas;' and/or (2) rents,
leases, or lets any room for less than a six (6) hour period, or
rents, leases or lets any single room more than twice in a twenty-
four (24) hour period.
F. Adult Motion Picture Theater. A business establishment where,
for any form of consideration, films, motion pictures, video
cassettes, slides or similar photographic reproductions are shown,
and in which a substantial portion of the total presentation time is
devoted to the showing of material which is characterized by an
emphasis upon the depiction or description of 'specified sexual
activities' or 'specified anatomical areas;'
G. Adult Theater. A theater, concert hall, auditorium or similar
establishment which, for any form of consideration, regularly
features live performances which are characterized by the exposure
of 'specified anatomical areas' or by 'specified sexual activities;'
(1) Establishment. Establishment of an Adult Business includes any of the
following:
1. The opening or commencement of any such business as a new
business;
2. The conversion of an existing business, whether or not an Adult
Business, to any of the Adult Businesses defined herein;
3. The addition of any of the Adult Businesses defined herein to any
other existing Adult Business; or
4. The relocation of any such Adult Business.
H,
Gross Receipts. Shall mean and includes the total amounts actually
received or receivable from the sale, trade, rental, display or presentation
of services, products, Adult Material or entertainment which are
characterized by an emphasis on matter depicting, describing, or relating
to Specified Sexual Activities or Specified Anatomical Areas.
8
I .
Owner or Permit Holder or Permittee. For purposes of this Chapter,
'Owner,' 'Permit holder' or 'Permittee' shall mean any of the following:
(i) the sole proprietor of an Adult Business; or (ii) any general partner of
a partnership which owns and operates an Adult Business; or (iii) the
owner of a controlling interest in a corporation which owns and operates
an Adult Business; or (iv) the person designated by the officers of a
corporation to be the Permit Holder for an Adult Business owned and
operated by the corporation.
J.
Person. Shall mean and includes person(s), firms, corporations,
partnerships, associations, or any other forms of business organization or
group( s).
K.
Regular and substantial course of conduct and regular and substantial
portion of its business. Shall mean any Adult Business where one or
more of the following conditions exist:
1.
The area(s) devoted to the display of Adult Material
exceeds fifteen percent (15 %) of the total display area of
the business; or
2.
The business or concern presents any type of live
entertainment characterized by an emphasis on Specified
Sexual Activity or Specified Anatomical Parts, or
performers, models or employees appearing in public
dressed only in lingerie on any four (4) or more separate
days within any thirty (30) day period; or
3.
At least twenty-five percent (25 %) of the gross receipts of
the business are derived from the sale, trade, rental,
display or presentation of services, products, Adult
Material, or entertainment which are characterized by an
emphasis on matter depicting, describing, or relating to
Specified Sexual Activities or Specified Anatomical Areas.
L.
Religious Institution. A structure which is used primarily for religious
worship and related religious activities;
M.
School. Any child care facility, or an institution of learning for minors,
whether public or private, which offers instruction in those courses of
study required by the California Education Code or which is maintained
pursuant to standards set by the State Board of Education. This definition
9
includes a nursery school, kindergarten, elementary
school, junior high school, senior high school or
any special institution of Education, but it does not
include a vocational or professional institution of
higher education, including a community or junior
college, college or university;
N.
Sensitive Land Uses. Those uses which are likely to be the most impacted
by the proximity to an adult business. Typically such uses include
residential zones, parks and playgrounds, churches, schools, day care
centers, and other places frequented by minors.
o.
Specified Anatomical Areas. Includes any of the following:
1. Less than completely and opaquely covered human genitals, pubic
region, buttocks, anus or female breasts below a point immediately
above the top of the areola; or
2. Human male genitals in a discernible turgid state, even if
completely and opaquely covered.
P.
Specified Sexual Activities. Includes any of the following:
1. The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts;
2. Sex acts, actual or simulated, including intercourse, oral copulation
or sodomy;
3. Masturbation, actual or simulated; or
4. Excretory functions as part of or in connection with any of the
activities described in subdivisions a. through c. of this subsec-
tion.
5. Striptease, or the removal of clothing, or the wearing of
transparent or diaphanous clothing, including models or ili!U!I
dressed only in lingerie and / or intimate apparel tonthenpolllt
where Specified Anatomical Areas are exposed.
Q.
Substantial Enlargement. The increase in floor area occupied by the
business, by more than ten percent (10%) as the floor area exists on the
effective date of this Chapter.
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R.
Transfer of Ownership or Control of An Adult Business. 'Transfer of
Ownership or Control of An Adult Business' shall mean and include any
of the following:
1. The sale, lease or sublease of the business; or
2. The transfer of securities which constitute a controlling interest in
the business, whether by sale, exchange or similar means; or
3. The establishment of a trust, gift or other similar legal devise
which transfers ownership or control of the business, including the
transfer by bequest or other operation of law upon the death of a
person possessing the ownership or control.
17.70.006 Criteria for the establishment of Adult Business Overlay..Distr.ic1s-
-
The criteria for the establishment of Adult Business (AB) Overlay Districts was
based on legal and historical trends. Historically, communities may select one of the following
three regulatory approaches - concentrated, dispersed, or combined. The concentrated approach
involves creating a special zone district which places all adult businesses in one area in the City.
A dispersed approach allows communities to distribute adult businesses throughout the
community through a separation requirement. The combined approach requires adult uses to
locate only within certain zoning districts (C-M, M-l, M-2) and requires a minimum distance
between adult businesses as well as minimum distances between adult businesses and other
sensitive uses, as defined herein. In the establishment of this AB Overlay District, the City has
utilized a combined approach. Parcels of land with a General Plan Land Use designation of
Freeway Business, L.1. - Limited Industrial and B.P. Business Park which are consistent with
C-M - Commercial Manufacturing, M-l Limited Manufacturing, and M-2 General
Manufacturing Zoning District were taken into consideration. All parcels within a 500' radius
of any residential districts were excluded. Also, all above parcels within a 1,000' radius of
major entry point to the City along the 1-15 corridor were excluded. The remaining parcels as
shown Exhibit" A" were selected as overlay districts in which an adult business can be located,
provided the provisions of Sections 17.70.008, and 17.70.012 here in are complied with.
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17.70.008 Restriction to Adult Business (AB) Overlay District. There is
hereby created a classification known as the Adult Business (AB) Overlay District (per Section
17.70.006). The Map identifying the Adult Business (AB) Overlay District is attached hereto and
incorporated herein by reference as Exhibit "A". The regulations set forth in this Chapter shall
apply in all zones or areas of the City in addition to other applicable regulations set forth in this
Code; provided, however, that if any of the regulations specified in this Chapter differ from any
of the corresponding regulations specified in this Title, or other ordinances pertaining to
planning and zoning, for any zone or area which is combined the AB Overlay District, then in
11
such case the provisions of this Chapter shall govern. Subject to the foregoing, Adult Businesses
shall be permitted in all areas designated as being located in the AB Overlay District, provided:
A. No Adult Business shall be permitted in any area of an AB
Overlay Zone if the underlying Parcel wherein such Adult Business
is proposed is within 1000' of another Adult Business.
B. Each Adult Business must, prior to commencement or continuation
of such business, first apply for and receive from the Planning
Commission a Conditional Use Permit.
C. Each Adult Business must, prior to commencement or continuation
of such business, first apply for and receive an Adult Business
License.
D. Each Adult Business must comply with all applicable regulations
specified in this Chapter.
E. Each Adult Business must comply with all applicable regulations
of other zoning use designations with which the AB Overlay Zone
is combined.
17.70.010 Statements and Records. Person(s) required to obtain an Adult
Business License pursuant to the provisions of this Chapter for any business establishment which
provides products, Adult Material, merchandise, services or entertainment which is distinguished
or characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual
Activities or Specified Anatomical Areas, as defined in Section 17.70.004 of this Chapter, shall
maintain complete records which can be segregated with regard to all transactions involving such
products, merchandise, Adult Material, services or entertainment which are sufficient to establish
the percentage of gross receipts of the business which is derived from such transactions. Such
records shall be maintained for a period of at least three (3) years.
No person required to keep records under this Section shall refuse to allow
authorized representatives of the City to examine said records at reasonable times and places.
This Section shall not be applicable to a business establishment for which such
transactions constitute less than twenty-five percent (25 %) of the gross receipts of the business.
17.70.012 Conditional Use Permit Required. It shall be unlawful for any person
to operate, engage in, conduct or carry on any Adult Business within the City of Lake Elsinore
unless the person of the Adult Business first obtains, and continues to maintain in full force and
effect an Adult Business License pursuant to Section 17.70.020 herein, and a Conditional Use
Permit. In addition to the base zoning requirements governing Conditional Use Permits
generally, the following additional requirements shall be satisfied by Adult Businesses. Such
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additional requirements shall be included in any approved Conditional Use Permit:
A. Adult businesses may not be located within the distance as specified below of the
following sensitive uses:
1. 500' of the boundary of any residential district of 500' of any residential
use;
2. 1000' of any parcel of real property upon which is located any of the
following facilities:
a. A school primarily attended by minors, (pre-school, K-12);
b. A church, including churches which conduct religious or educational
classes for minors;
c. A public park, playground neighborhood center, community center, day
care center or, recreational facility (e.g. arcade, etc.) frequented by
mmors;
d. An adult business
All measurements set forth above shall be made in a straight line without regard to intervening
structures or objects from the nearest point on the property line of an adult business to the
nearest point on the property line of the sensitive land use as stated above.
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B. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated,
designed and provided in accordance with the Riverside County Fire Department
and building regulations and standards adopted by the City of Lake Elsinore.
C. No Adult Business shall be operated in any manner that permits the observation
of any material depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas" from any public way or from any location outside
the building or area of such establishment. This provision shall apply to any
display, decoration, sign, show window or other opening.
D. Lighting shall be required which is designed to illuminate all off-street parking
areas serving such use for the purpose of increasing the personal safety of store
patrons and reducing the incidents of vandalism and theft. Said lighting shall be
shown on the required plot plans.
E. No loudspeakers or sound equipment shall be used by an Adult Business for the
amplification of sound to a level discernible by the public beyond the walls of the
building in which such use is conducted or which violates any noise restrictions
as may be adopted by the City of Lake Elsinore.
F. The building entrance to an Adult Business shall be clearly and legibly posted.
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G. The Adult Business shall not be located, in whole or in part, within any portable
structure.
H. The Adult Business shall not conduct or sponsor any special events, promotions,
festivals, concerts or similar activities which would increase the demand for
parking spaces beyond the approved number of spaces for the business.
I. The Adult Business shall not conduct any massage, acupuncture, figure modeling,
tattooing, acupressure or escort services and shall not allow such activities on the
premises.
J. Any Adult Business which allows customers to remain on the premises while
viewing any live, filmed or recorded entertainment, or while using or consuming
the products or service supplied on the premises, shall conform to the following
requirements:
1. At least one (1) security guard shall be on duty outside the premises,
patrolling the grounds and parking areas, at all times while the business
is open. If the occupancy limit of the premises is greater than fifty (50)
persons, an additional security guard shall be on duty inside the premises.
The security guard(s) shall be charged with preventing violations of law
and enforcing compliance by patrons with the requirements of this
Chapter, and notifying the Riverside County Sheriff s and City Code
Enforcement Department of any violations of law observed. Any security
guard required by this subparagraph shall be uniformed in such manner
so as to be readily identifiable as a security guard by the public and shall
be duly licensed as a security guard as required by applicable provisions
of state and/or local law. No security guard required pursuant to this
subparagraph shall act as a doorperson, ticket seller, ticket taker, or
admittance person while acting as a security guard hereunder.
2. Landscaping shall conform to the standards established for the zone,
except that, if the Adult Business is the sole use on a lot, no planting shall
exceed thirty (30) inches in height, except trees with foliage not less than
six (6) feet above the ground.
3. The entire exterior grounds, including the parking lot, shall be lighted in
accordance with standards promulgated by the City.
4. The premises within which the Adult Business is located shall provide
sufficient sound-absorbing insulation so that noise generated inside said
premises shall not be audible anywhere on any adjacent property or public
right-of-way or within any other building or other separate unit within the
14
same building.
5. No exterior door or window on the premises shall be propped or kept
open at any time while the business is open, and any exterior windows
shall be covered with opaque covering at all times.
6. Permanent barriers shall be installed and maintained to screen the interior
of the premises from public view for each door used as an entrance/exit
to the business.
K. All indoor areas of the Adult Business within which patrons are permitted, except
restrooms, shall be open to view at all times.
L. Except as specifically provided in this Chapter, the Adult Business shall comply
with the zoning, parking, development and design standards applicable to the zone
in which the business is located.
M. No Adult Material shall be displayed in such manner as to be visible from any
location other than within the premises occupied by the Adult Business.
N. No person under the age of eighteen (18) years shall be permitted within the
premises at any time.
O. The Adult Business shall provide and maintain separate restroom facilities for
male patrons and employees and female patrons and employees. Male patrons
and employees shall be prohibited from using the restroom(s) for females, and
female patrons and employees shall be prohibited from using the restroom(s) for
males, except to carry out duties of repair, maintenance and cleaning of the
restroom facilities. The restrooms shall be free from any Adult Material.
Restrooms shall not contain television monitors or other motion picture or video
projection, recording or reproduction equipment. The foregoing provisions of
this paragraph shall not be applicable to an Adult Business which deals
exclusively with sale or rental of Adult Material which is not used or consumed
on the premises, such as an Adult Bookstore or Adult Video Store, and which
does not provide restroom facilities to its patrons or the general public.
P. Except as otherwise required by law for adult motion picture theaters, and except
as provided in subparagraph S of Section 17.70.012 with regard to Adult
Arcades, and subparagraph T of Section 17.70.012 with regard to Adult
Businesses providing live entertainment, all areas of the Adult Business accessible
to patrons shall be illuminated at least to the extent of twenty (20) foot-candles,
minimally maintained and evenly distributed at ground level.
15
Q. All on-site signage shall conform to the relevant provisions of the Lake Elsinore
Municipal Code regarding signs. All adult materials and activities shall be con-
cealed from view from any public right-of-way, parking lot or neighboring
property.
R. No Adult Business shall be open or operating during the hours from 10:00 p.m.
to 8:00 a.m.
S. The following additional requirements shall pertain to Adult Arcades which
provide one (1) or more viewing area(s):
1. Upon application for a Conditional Use Permit for an Adult Arcade, the
application shall be accompanied by a diagram of the premises showing
a plan thereof specifying the location of one (1) or more manager's
stations, the location of all overhead lighting fixtures and designating any
portion of the premises in which patrons will not be permitted. A
manager's station may not exceed thirty-two (32) square feet of floor area
with no dimension greater than eight (8) feet. The diagram shall also
designate the place at which the Adult Business License will be
conspicuously posted. A professionally prepared diagram in the nature of
an engineer's or architect's blueprint shall not be required; however, each
diagram shall be oriented to the north or to some designated street or
object and shall be drawn to a designated scale with marked dimensions
sufficient to show the various internal dimensions of all areas of the
interior of the Adult Arcade to an accuracy of plus or minus six (6)
inches.
2. The application shall be sworn to be true and correct by the Owner under
penalty of perjury.
3. No alteration in the configuration or location of a manager's station(s)
may be made without the prior approval of the Planning Commission.
4. It shall be the duty of the Owner(s) to ensure that at least one (1)
employee is on duty and situated at each manager's station at all times that
any patron is present inside the Adult Arcade.
5. The interior of the Adult Arcade shall be configured in such a manner that
there is an unobstructed view from a manager's station of every area of
the Adult Arcade to which any patron is permitted access for any purpose
excluding restrooms. If the Adult Arcade has two (2) or more manager's
stations designated, then the interior of the Adult Arcade shall be
configured in such a manner that there is an unobstructed view of each
area of the Adult Arcade to which any patron is permitted access for any
16
purpose, excluding restrooms, from at least one (1) of the manager's
stations. The view required in this subsection must be by direct line of
sight from the manager's station.
6. It shall be the duty of the Owner(s) and it shall also be the duty of all
employees present on the Adult Arcade to ensure that the individual
viewing area specified in subsection (g) remains unobstructed by any
doors, walls, persons, merchandise, display racks or other materials at all
times and to ensure that no patron is permitted access to any area of the
Adult Arcade which has been designated as an area in which patrons will
not be permitted in the application filed pursuant to subparagraph (A) of
this paragraph.
7. No Individual Viewing Area may be occupied by more than one (1)
person at anyone time. 'Individual Viewing Area' shall mean a viewing
area designed for occupancy by one (1) person. Individual Viewing Areas
of the Adult Arcade shall be operated and maintained without any hole or
other opening or means of direct communication or visual or physical
access between the interior space of two (2) or more Individual Viewing
Areas.
8. No individual viewing area shall contain booths, stalls, or partitioned
portions of such individual viewing area used for the viewing of adult
material or other forms of entertainment, having doors, curtains or portal
partitions, unless such individual viewing areas containing booths, stalls
or partitioned portions have at least one (1) side open to the manager's
station and visible to such manager's station. Any booth, stall or
partitioned portion of an individual viewing area authorized under this
subparagraph (h) shall be constructed so as to allow twelve (12) inches of
open space between the bottom of the stall or partition and the floor.
Such open space shall remain unobstructed at all times.
9. The Adult Arcade shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are permitted
access but such lighting shall not be of an intensity as to prevent the
viewing of the adult material.
10. It shall be the duty of the Owner(s) and it shall also be the duty of all
employees present on the Adult Arcade to ensure that the illumination
described above is maintained at all times that any patron is present on the
Adult Arcade.
17
T.
The following additional requirements shall pertain to Adult Businesses
providing live entertainment depicting Specified Anatomical Areas or
involving Specified Sexual Activities:
1.
No person shall perform live entertainment for patrons of an Adult
Business except upon a stage at least eighteen (18) inches above the level
of the floor which is separated by a distance of at least six (6) feet from
the nearest area occupied by patrons, and no patron shall be permitted
within six (6) feet of the stage while the stage is occupied by an
entertainer. 'Entertainer' shall mean any person who is an employee or
independent contractor of the Adult Business, or any person who, without
any compensation or other form of consideration, performs live
entertainment for patrons of an Adult Business.
2.
The Adult Business shall provide separate dressing room facilities for
entertainers which are exclusively dedicated to the entertainers' use.
3.
The Adult Business shall provide an entrance/exit to the Adult Arcade for
entertainers which is separate from the entrance/exit used by patrons.
4.
The Adult Business shall provide access for entertainers between the stage
and the dressing rooms which is completely separated from the patrons.
If such separate access is not physically feasible, the Adult Business shall
provide a minimum three-foot (3') wide walk aisle for entertainers
between the dressing room area and the stage, with a railing, fence or
other barrier separating the patrons and the entertainers capable of (and
which actually results in) preventing any physical contact between patrons
and entertainers.
5.
No entertainer, either before, during or after performances, shall have
physical contact with any patron and no patron shall have physical contact
with any entertainer either before, during or after performances by such
entertainer.
6.
Fixed rail(s) at least thirty (30) inches in height shall be maintained
establishing the separations between entertainers and patrons required by
this paragraph.
7.
The Adult Business shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are permitted
access with an illumination of not less than twenty (20.0) foot candles as
measured at the floor level.
18
The foregoing applicable requirements of this Section shall be deemed conditions
of permit approval, and failure to comply with each and all of such requirements shall be
grounds for revocation of the Conditional Use Permit and the Adult Business License issued
pursuant to this Chapter.
17.70.014 Time Limits For Action On Conditional Use Permit. An application
for a Conditional Use Permit shall be approved or denied by the Planning Commission within
forty-five (45) days of its acceptance as complete by the Community Development Department.
The Planning Commission, or City Council on appeal, shall approve an application for a
Conditional Use Permit for an Adult Business upon findings that the Applicant has met all the
applicable requirements and performance standards of this Chapter. Any proceeding to appeal
such decision to the City Council shall be filed with the City Clerk within ten (10) calendar days
of such decision. An appeal shall be heard within thirty (30) days of its filing with the City
Clerk. Any proceeding to seek judicial review of any City Council decision shall be brought
in accordance with the provisions of the Lake Elsinore Municipal Code and applicable State
Law.
17.70.016 Sale/Servin!: of Alcohol and Intoxicated Persons.
A. It is unlawful to sell, serve or permit the consumption of alcohol in a
structure occupied by an Adult Business.
B. It is unlawful for any person under the age of eighteen (18) years or any
obviously intoxicated person to enter or remain on the premises of an
Adult Business at any time. A sign giving notice of this provision shall
be prominently posted at each entrance to the premises of the Adult
Business.
C. It is unlawful for any person having responsibility for the operation of an
Adult Business, to allow any person under the age of eighteen (18) years
to enter or remain on the premises of the business, whether or not such
person having responsibility for the operation of an Adult Business has
knowledge that the person is under the age of eighteen (18) years; or to
allow any obviously intoxicated person to enter or remain on the premises
of the business. For the purposes of this Section, the Licensee of an
Adult Business License, when present on the premises, and the manager
or other person(s) in charge of the premises, are persons having
responsibility for the operation of the business.
17.70.018 Su~ension and Revocation of a Conditional Use Permit. The
Planning Commission may suspend or revoke any Conditional Use Permit if it is found that any
of the following conditions exist in addition to the criteria set forth in this Chapter:
19
A. The operation conducted by the permittee does not comply with all
appliCable laws, including, but not limited to, the City's building, health,
zoning and fire ordinances, the requirements of this Chapter, and the
conditions of approval of the Conditional Use Permit;
B. That the approved use has been substantially enlarged without City
approval; that the approved use has been partially or wholly converted to
another Adult Business without City approval; that the Conditional Use
Permit has not been utilized within six months of its issuance; or
C. The Adult Business License has been suspended or revoked.
17.70.020 Adult Business License Required. An Applicant for the operation
of an Adult Business must obtain an Adult Business License in addition to a Conditional Use
Permit. No Adult Business License shall be sold, transferred, or assigned by any License
holder, or by operation oflaw, to any other person, group, partnership, corporation or any other
entity, and any such sale, transfer or assignment, or attempted sale, transfer, or assignment shall
be deemed to constitute a voluntary surrender of such License, and such License shall be
thereafter null and void. An Adult Business License held by an individual in a corporation or
partnership is subject to the same rules of transferability as contained above. Any change in the
nature or composition of the Adult Business from one type of Adult Business use to another type
of Adult Business use shall also render the License null and void. An Adult Business License
shall be valid only for the exact location specified in the License.
17.70.022 ApJJlication For Adult Business License. Applicants for such licenses
shall file a written, signed and verified application or renewal application on a form provided
by the Community Development Department. Such application shall contain:
A. The name and permanent address of Applicant.
B. The name and business address of the Applicant. If the Applicant is a
corporation, the name shall be exactly as set forth in its Articles of
Incorporation and the Applicant shall show the name and residence
address of each of the officers, directors and each stockholder owning no
less than twenty-five percent (25 %) of the stock of the corporation. If the
Applicant is a partnership, the application shall show the name and
residence address of each of the members, including limited partners;
C. A detailed description of the manner of providing proposed entertainment,
including type of entertainment and the number of persons engaged in the
entertainment;
D. Hours of operation;
20
E. A location, address and floor plan showing where the specific
entertainment uses are proposed to be conducted within the building;
F. The name or names of the person or persons having the management or
supervision of Applicant's business and of any entertainment;
G. A statement of the nature and character of Applicant's business if any, to
be carried on in conjunction with such entertainment; and
H. For a renewal application, Applicant in addition shall indicate any changes
since the filing of the initial application.
1. Whether the Applicant or any of the other individuals pursuant to this
Section has had a previous permit under this Ordinance or other similar
ordinances from another city or county denies, suspended or revoked,
including the name and location of the Adult Business for which the
permit was denied, suspended or revoked, as well as the date of the
denial, suspension or revocation, and whether the Applicant or any other
individuals listed pursuant to this Section has been a partner in a
partnership or an officer, director or principal stockholder of a corporation
that has permitted under this Section whose permit has previously been
denied, suspended or revoked, including the name and location of the
Adult Business for which the permit was denied, suspended or revoked as
well as the date of denial, suspension or revocation.
J. Whether the Applicant or any other individual listed pursuant to this
Section holds any other permits and/or licenses for an Adult Business
from another city or county, and if so the names and locations of such
other permitted businesses.
K. If a person who wishes to operate an Adult Business is an individual,
he/she must sign the application for a permit as Applicant. If a person
who wishes to operate an Adult Business is other than an individual, each
individual who has a ten percent (10%) or greater interest in the business
must sign the application for a permit as Applicant. If a corporation is
listed as Owner of an Adult Business or as the entity which wishes to
operate such a business, each individual having a ten percent (10%) or
greater interest in the corporation must sign the application for a permit
as Applicant.
All applications for a license or renewal shall be filed with the Community
Development Department. Each application shall be accompanied by a non-refundable fee for
filing or renewal in an amount determined by resolution of the City Council, which fees will be
used to defray the costs of investigation, inspection and processing of such application.
21
Applicants for a License under this Section shall have a continuing duty to
promptly supplement application information required by this Section in the event that said
information changes in any way from what is stated on the application. The failure to comply
with said continuing duty within thirty (30) days from the date of such change, by supplementing
the application on file with the Director of Community Development or his/her designee, shall
be grounds for revocation of a License.
17.70.024 Investi2ation. Upon receipt of an application properly filed with the
Community Development Department and upon payment of the nonrefundable application fee
or deposit as specified in the fee schedule, the Community Development Department shall
immediately stamp the application as received and shall immediately thereafter send photocopies
of the application to the Sheriff s Department and any other City departments or other agencies
responsible for enforcement of health, fire and building codes and laws. Each department or
agency shall promptly conduct an investigation of the Applicant, application and the proposed
Adult Business in accordance with its responsibilities under law and as set forth in this Chapter.
Said investigation shall be completed within twenty-five (25) days of receipt of the application
by the Community Development Department. At the conclusion of its investigation, each
department or agency shall indicate on the photocopy of the application its approval or
disapproval of the application, date it, sign it, and, in the event it disapproves, state the reasons
therefor.
A department or agency shall disapprove an application if it finds that the
proposed Adult Business will be in violation of any provision of any statute, code, ordinance,
regulation or other law in effect in the City. After its indication of approval or disapproval,
each department or agency shall immediately return the photocopy of the application to the
Community Development Department.
17.70.026 Decision By Director of Community Development on Ap-vlication For
License. The Director of Community Development or designee (hereinafter 'Director') shall
grant or deny an application for a License within forty-five (45) days from the date of its proper
filing. Upon the expiration of the forty-fifth (45th) day, unless the Applicant requests and is
granted a reasonable extension of time, the Applicant shall be permitted to begin operating the
business for which the License is sought, unless and until the Director notifies the Applicant of
a denial of the application and states the reason(s) for that denial.
17.70.028 Grant of Ap-vlication For License.
A. The Director shall grant the application unless one or more of the reasons set
forth in Section 17.70.030 (Denial of Application for License) below is present.
B. The License, if granted, shall state on its face the name of the person or persons
to whom it is granted, the expiration date, and the address of the Adult Business.
The License shall also indicate that the Adult Business whether permitted or not
may be subject to prohibitions against Public Nudity and Indecency pursuant to
22
the United States Supreme Court decision in Barnes v. Glen Theater. Inc., III
S.Ct. 2456, 115 L.Ed 2d 504 (June 21, 1991) and any applicable California
statutes or City regulations or ordinances consistent therewith. The permit shall
be posted in a conspicuous place at or near the entrance to the Adult Business
so that it can be easily read at any time.
17.70.030 Denial of Ap1>lication of License. The Director shall deny the
application for any of the following reasons:
A. That the building, structure, equipment and location used by the business
for which a license is required herein do not comply with the requirements
and standards of the health, zoning, fire building and safety laws of the
State of California and of the City of Lake Elsinore;
B. That the Applicant, his or her employee, agent, partner, director, officer,
stockholder or manager has knowingly made any false, misleading or
fraudulent statement of material fact in the application for a license or in
any report or record required to be filed with the Sheriff's Department,
Sheriff or other department of the City;
C. That the Applicant has had any type of Adult Business License revoked
by any public entity within two (2) years of the date of the application;
D. The Applicant has been convicted of a felony or misdemeanor which
offense is classified by the State as an offense involving sexual crimes
against children, sexual abuse, rape, kidnapping, distribution of obscene
material or material harmful to minors, prostitution or pandering,
including, but not necessarily limited to, the violation of any crime
requiring registration under California Penal Code Section 290, or any
violation of Penal Code Sections 243.4,261,261.5,264.1,266, 266a
through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10,
inclusive, 314, 315, 316, or 647.
E. That on the date that the business for which a license is required herein
commences, and thereafter, there will be no responsible adult on the
premises to act as manager at all times during which the business is open;
F. That a Conditional Use Permit has been denied for the proposed use; or
G. That an Applicant is under eighteen (18) years of age.
23
H. That an Applicant, manager, or any agent or employee of the Applicant
or manager has been convicted in a court of competent jurisdiction of any
crime in conjunction with or as a result of the operation of the operation
of an Adult Business or any sex-related crime prior to the filing of the
application. The fact that a conviction is being appealed will have no
effect on disqualification of the Applicant.
I. The required application fees have not been paid.
If the Director denies the application, he shall notify the Applicant of the denial
and state the reason(s) for the denial.
If a person applies for a License for a particular location within a period of twelve
(12) months from the date of denial of a previous application for a License at the location, and
there has not been an intervening change in the circumstances which could reasonably be
expected to lead to a different decision regarding the former reasons for denial, the application
shall be denied.
17.70.032 Inspection. An Applicant or Licensee shall permit representatives of
the Sheriff's Department, Health Department, Fire Department, Code Enforcement, Planning
Department, or other City Departments or Agencies to inspect the premises of an Adult Business
for the purpose of insuring compliance with the law, at any time it is occupied or opened for
business. A person who operates an Adult Business or his or her agent or employee is in viola-
tion of the provisions of this section if he/she refuses to permit such lawful inspection of the
premises at any time it is occupied or opened for business.
17.70.034 Expiration of Li~ense. Each License shall expire one (1) year from
the date of issuance and may be renewed only by making application as provided in Section
17.70.020 (for renewals, filing of original survey shall be sufficient). Application for renewal
shall be made at least thirty (30) days before the expiration date, and when made less than thirty
(30) days before the expiration date, the expiration of the License shall not be affected.
When the Director denies renewal of the License, the Applicant shall not be issued
a License for one (1) year from the date of denial. If, subsequent to denial, the Director finds
that the basis for denial of the renewal of the License has been corrected, the Applicant shall be
granted a License if at least ninety (90) days have elapsed since the date denial became final.
17.70.036 Revocation of License. After an investigation, notice and hearing, the
Director shall revoke an existing Adult Business License, as shall be found necessary to assure
the preservation of the public health and safety, if the evidence presented establishes that one
or more of the following conditions exist:
24
A. The building, structure, equipment and location used by the business fail
to comply with the requirements or fail to meet the standards of the
health, zoning, fire building and safety laws of the State of California, or
of the ordinances of the City of Lake Elsinore;
B. The Licensee, his or her employee, agent, partner, director, officer,
stockholder or manager has knowingly made any false, misleading or
fraudulent statement of material facts in the application for a license, or
in any report or record required to be filed with the Sheriff or other
departments of the City;
C. The Licensee has had any type of Adult Business License revoked by any
public entity within three (3) years of the date the license was issued;
D. There is not a responsible adult on the premises to act as a manager at all
times in which the business is open or operating;
E. The Licensee is convicted of a felony or misdemeanor which offense is
classified by the State as an offense involving sexual crimes against
children, sexual abuse, rape, kidnapping, distribution of obscene material
or material harmful to minors, prostitution or pandering, including, but
not necessarily limited to the violation of any crime requiring registration
under California Penal Code Section 290, or any violation of Penal Code
Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive,
267,286,286.5,288, 288a, 311 through 311.10, inclusive, 314,315,316
or 647;
F. If, on one (1) or more occasions within a twelve (12) month period, a
person or persons has (have) been convicted of a felony or misdemeanor
for an offense set forth in subsection (E) above, which offense has
occurred as a result of or has originated from such persons' activity on the
premises or property on which the Adult Business is located, and the
person or persons were employees, contractors or agents of the Adult
Business at the time the offenses were committed;
G. If the Licensee or any employee of the Licensee has knowingly allowed
prostitution, or solicitation for prostitution, on the premises;
H. The Adult Business has been operated in violation of any of the
requirements of this Chapter and, (i) if the violation is of a continuous
nature, the business continues to be operated in violation of such provision
for more than ten (10) days following the date written notice of such
violation is mailed or delivered to the Licensee, or (ii) if the violation is
of a noncontinuous nature two (2) or more additional violations of the
25
same prOVISIon, or four (4) or more violations of any other of the
provisions, of this Chapter occur (regardless of whether notice of each
individual violation is given to Licensee within any twelve (12) month
period .
I. That the subject Adult Business has employed minors;
J. That the Conditional Use Permit for the use has been suspended or
revoked.
17.70.038 Hearing on Revocation of License. Upon determining that grounds
for license revocation exist, the Director shall furnish written notice of the proposed revocation
to the Licensee. Such notice shall summarize the principal reasons for the proposed revocation;
shall state that the Licensee may request a hearing within fifteen (15) calendar days of the
postmarked date on the notice; and shall be delivered both by posting the notice at the location
of the Adult Business and by sending the notice by certified mail, postage prepaid, addressed
to the Licensee as that name and address appear on the License. Within fifteen (15) calendar
days after the later of the mailing or posting of the notice the Licensee may file a request for
hearing with the Director. If the request for a hearing is filed within fifteen (15) calendar days
of the mailing or posting of the notice referred to herein, the Director shall transmit the request
to the Planning Commission, and the hearing shall be provided.
Upon receipt of a written request for a hearing, the Planning Commission shall
conduct a hearing. The Planning Commission shall conduct a hearing within forty-five (45)
calendar days of the filing of such request by the Licensee. Notice of time and place of the
hearing shall be given to the Licensee by personal service or via certified mail, postage prepaid,
at least fifteen (15) calendar days in advance of the date set for the public hearing. At the
hearing, the Licensee and the City shall be entitled to present relevant evidence, testify under
oath and call witnesses who shall testify under oath. The Planning Commission shall not be
bound by the statutory rules of evidence in the hearing, except that hearsay evidence may not
be the sole basis for the determination of the Planning Commission.
At the conclusion of the hearing, the Planning Commission shall decide whether
the grounds for revocation exist and shall submit a written report to the Director. Such written
report shall contain a brief summary of the evidence considered and shall state findings,
conclusions and directives to the Director regarding whether the License is to be revoked. All
such reports shall be filed with the City Clerk and shall be public records. A copy of such
report shall be forwarded by certified mail, postage prepaid, to the Licensee on the day it is filed
with the City Clerk. If the Planning Commission determines that any grounds for revocation
exist, as provided in Section 17.70.036 of this Chapter, the Director, based upon the report of
the Planning Commission or, if no hearing was requested by the Licensee, based upon the report
of the City staff, shall immediately revoke the Adult Business License. The decision of the
Planning Commission shall be appealable to the City Council by the filing of a written appeal
with the City Clerk within fifteen (15) calendar days following the date of mailing of such
26
decision. A timely filed appeal shall vacate the decision of the Planning Commission. Any such
appeal shall be a de novo public hearing held in the manner and within the time limitations set
forth in Section 17.70.014. The decision of the City Council upon appeal, or the decision of
the Planning Commission in the absence of a timely appeal, shall be final and conclusive.
No application for an Adult Business License shall be accepted or processed for
any person, corporation, partnership, or member thereof, or any other entity for which an Adult
Business License has been revoked within the preceding three (3) year period.
17.70.040 Re~ulations Nonexclusive. The regulations set forth in this Chapter
are not intended to be exclusive and compliance therewith shall not excuse noncompliance with
any other regulations pertaining to the operation of Adult Businesses as adopted by the City
Council of the City of Lake Elsinore.
17.70.042 Violations/Penalties. Any firm, corporation or person, whether as
principal, agent, employee or otherwise, violating or causing the violation of any of the
provisions of this Chapter shall be guilty of a misdemeanor, and any conviction thereof shall be
punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for
not more than six (6) months, or by both such fine and imprisonment. Any violation of the
provisions of this Chapter shall constitute a separate offense for each and every day during
which such violation is committed or continued.
17.70.044 Public Nuisance. In addition to the penalties set forth at Section
17.70.030 above, any Adult Business which is operating in violation of this chapter or any
provision thereof is hereby declared to constitute a public nuisance and, as such, may be abated
or enjoined from further operation.
17.70.046 Conflictin~ Ordinances Repealed. All ordinances or parts of
ordinances, or regulations in conflict with the provisions of this Chapter are hereby repealed."
SECTION 3. Section 17.48.020 "Permitted Uses in the C-2 District" of the Lake
Elsinore Municipal Code is hereby amended to delete Subsection "A" regarding "Adult
Entertainment Facilities. "
SECTION 4. If any section, subsection, sentence, clause or word of this Ordinance is
for any reason held to be invalid by a court of competent jurisdiction, such decisions 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 passed and adopted this Ordinance, and each
and all provisions thereof, irrespective of the fact that anyone or more of said provisions may
be declared to be invalid.
27
SECTION 5. The City Clerk shall certify to the passage of this ordinance as an urgency
ordinance and shall cause the same to be published as required by law.
,1996.
PASSED AND APPROVED this 9th day of
A'ITEST:
r-
2)~1 ~
\ \
I ~ i ' \
. ',\. ~...J
VICKI KASAD
CITY CLERK
APPROVED AS TO LEGAL FORM:
~
INTRODUCED AND PASSED UPON FIRST READING BY TITLE ONLY, this 26th day of March,
1996, upon the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
BRINLEY, KELLEY, METZE, PAPE
ALONGI
NONE
NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING BY TITLE ONLY, this 9th day of
April, 1996, upon the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, PAPE
NONE
METZE
NONE
28
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 26, 1996, and passed on April 9,
1996, by the following roll call vote:
AYES:
COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, PAPE
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS:
/--
o ~1I:JOUNCILM~ERS:
VICKI KASAkTY CLERK
. '';I'l'Y OF LAKE ELSINORE
METZE
NONE
(SEAL)
-
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 1012 of said Council, and that the
same has not been amended or repealed.
DA~: April 17, 1996
01i'~
-~:::CKI ~A!i, eITY CLERK
~I~Y OF L~{E-ELSINORE
(SEJ\b)
ORDINANCE NO. 1013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, ESTABLISHING AND
ADDING AN ADULT BUSINESS "AB" OVERLAY DISTRICT
ZONING DESIGNATION FOR CERTAIN PARCELS AS
DESCRIBED BELOW. ZONE CHANGE NO. 96-1
WHEREAS, the proposed ordinance and Zone Change No. 96-1 are necessitated due
to the proposed adoption of Zoning Code Amendment No. 94-2 which requires certain parcels of the
- City to include an Adult Business "AB" Overlay District.
WHEREAS, the Planning Commission of the City of Lake Elsinore held a duly noticed
public hearing on said change of zone on March 6, 1996 and received testimony and after deliberation
determined to recommend to the City Council by a 5-0 vote that said change of zone be approved.
WHEREAS, notice was duly given of the public hearing on said change of zone which
was held before the City Council on the 26th day of March 1996, at the hour of 7:00 pm, with
testimony received being made part of the public record.
NOW, THEREFORE, IT IS HEREBY ORDAINED AS FOLLOWS:
SECTION ONE: ZONING RECLASSIFICATION
The Zoning Map of the City of Lake Elsinore, California, is hereby amended by
changing the zoning designation of certain parcels to include an Adult Business "AB" Overlay District
to the underlying zoning designation. These parcels are described to wit:
Assessor Parcel Numbers:
01 377050022 36 377110038 71 377151013 106 377151056 141 377190006 176 377410030
- 02 377050073 37 377110039 72 377151014 107 377151057 142 377190011 177 377410031
03 377050078 38 377110040 73 377151015 108 377151058 143 377200011 178 377410032
04 377080020 39 377110042 74 377151016 109 377151061 144 377200017 179 377410033
05 377080021 40 377120001 75 377151017 110 377151062 145 377200026 180 377410034
06 377080022 41 377120002 76 377151018 111 377151063 146 377200027 181 377410035
07 377080023 42 377120004 77 377151019 112 377151064 147 377200035 182 377410036
08 377080025 43 377120005 78 377151020 113 377151065 148 377210006 183 377410037
09 377080026 44 377120008 79 377151021 114 377160008 149 377260004 184 378020024
10 377080048 45 377120010 80 377151022 115 377160009 150 377340001 185 378020028
11 377080049 46 377120011 81 377151023 116 377160010 151 377340002 186 378020029
12 377080050 47 377120012 82 377151024 117 377160014 152 377340014 187 378020030
13 377080051 48 377120013 83 377151025 118 377160019 153 377410001 188 378020031
14 377080059 49 377120014 84 377151026 119 377160029 154 377410002 189 378020036
15 377080060 50 377120015 85 377151027 120 377160031 155 377410007 190 378020037
16 377080061 51 377120016 86 377151028 121 377160033 156 377410008 191 378020038
17 377080062 52 377120017 87 377151029 122 377170003 157 377410009 192 378020040
18 377080063 53 377130025 88 377151030 123 377170004 158 377410010 193 378020041
';. 19 377080074 54 377130028 89 377151031 124 377170005 159 377410011 194 378020042
20 377080075 55 377130030 90 377151032 125 377170006 160 377410014 195 378020044
21 377080078 56 377140003 91 377151033 126 377170007 161 377410015 196 378030006
22 377090006 57 377140017 92 377151034 127 377170009 162 377410016 197 378030007
23 377090009 58 377140019 93 377151035 128 377170012 163 377410017 198 378030009
24 377090012 59 377151001 94 377151036 129 377170015 164 377410018 199 378030013
25 377090013 60 377151002 95 377151037 130 377180022 165 377410019 200 378030014
26 377110003 61 377151003 96 377151038 131 377180030 166 377410020 201 378030015
27 377110023 62 377151004 97 377151039 132 377180035 167 377410021 202 389220001
28 377110025 63 377151005 98 377151040 133 377180037 168 377410022 203 389220002
29 377110026 64 377151006 99 377151041 134 377180038 169 377410023 204 389220004
30 377110027 65 377151007 100 377151042 135 377180042 170 377410024 205 389220005
31 377110028 66 377151008 101 377151043 136 377180048 171 377410025 206 389220006
32 377110029 67 377151009 102 377151044 13 7 377190002 172 377410026 207 389220010
33 377110034 68 377151010 103 377151045 138 377190003 173 377410027 208 3902iOO19
34 377110035 69 377151011 104 377151054 139 377190004 174 377410028
35 377110037 70 377151012 105 377151055 140 377190005 175 377410029
Ordinance No. 1013
Page Two
SECTION TWO:
This ordinance shall become effective as provide by law.
-
The City Clerk of the City of Lake Elsinore shall verify to the passage and adoption
of this ordinance and shall cause the same to be published in the Sun Tribune, a newspaper of general
circulation, serving the City of Lake Elsinore, in accordance with the provisions of the Government
Code.
INTRODUCED AND APPROVED UPON FIRST READING this 26th of March, 1996,
upon the following vote:
A)1ES: CO~CULME~ERS: BRINLEY, KELLEY, METZE, PAPE
NOES: CO~CULME~ERS: ALONGI
ABSENT: CO~CULME~ERS: NONE
ABSTAIN: CO~CULME~ERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 9th day of April
1996, upon the following vote:
A)1ES: CO~CULME~ERS:
ALONGI, BRINLEY, KELLEY, PAPE
NOES: CO~CULME~ERS:
NONE
ABSENT: CO~CULME~ERS:
METZE
ABSTAIN: CO~CULME~ERS:
NONE
r{T'l'EST:_ -~ ,
(\\. -\'\) ~ Y \
~~~~
'Vicki Lyfule '1 ~d, City Clerk
C:r;..b~L.akC_ Bksioore
John Harper, City
City of Lake Elsinore
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Ordinance was read by title
only for adoption on March 26, 1996, and passed on April 9,
1996, by the following roll call vote:
AYES:
COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, PAPE
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS:
. r r : ABSTAIN : COUNCILMEMBERS:
~~L I
ytCKI J<ASAB"I -U~LERK
:~~ITY OF LAJ{E; -ELSINORE
METZE
NONE
("SF)iL).. .
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. 1013 of said Council, and that the
same has not been amended or repealed.
DAr: ^ ,APril 17, 1996
?1A~l~ERX
-CiTY qi" LARE -LLSINORE
~~ SEAL}
ORDINANCE NO. 1014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, PROVIDING FOR A FEE TO BE SET IN
COMPLIANCE WITH ASSEMBLY BILL 717.
WHEREAS, the City Council of the City of Lake Elsinore is held
responsible to comply with the laws of the State of California; and
WHEREAS, Title 15, of the Lake Elsinore Municipal Code address
Building and Construction; and
WHEREAS, Assembly Bill 717 became effective January 1, 1996,
mandating and establishing specific certification, training and
continuing education requirements for Construction Inspectors,
Plans Examiners and Building Officials who are employed by a local
agency; and
WHEREAS, the City of Lake Elsinore has adopted Ordinance No.
790 Section 1, which defines the intent of the City to ascertain
and recover the costs reasonably borne from fees and charges levied
therefor in providing regulation, products or services; and
WHEREAS, the State does not provide reimbursement for this
mandate, but does allow the local agency to impose a fee to cover
the cost of compliance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, that th~ fee to provide and Comply with Assembly
Bill 717, be set by resolution of the City Council of the City of
Lake Elsinore.
PASSED AND APPROVED UPON THE FIRST READING this April 9th
1996, upon the following roll call vote:
AYES:
COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, PAPE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
METZE
ABSTAIN:
COUNCILMEMBERS:
NONE
PAGE TWO
ORDINANCE NO. 1014
PASSED AND APPROVED UPON THE SECOND READING this April 23rd
1996, upon the following roll call vote:
AYES:
COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, PAPE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
METZE
ABSTAIN:
COUNCILMEMBERS:
NONE
A~_ST : r
n."u
-u~~1c 'j .
Vicki L. RaBad, City Clerk
APPROVED AS TO FORM AND LEGALITY:
-
~!4ft
. y Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
-
DO HEREBY CERTIFY that the foregoing Ordinance was read by title
only for adoption on April 9, 1996, and passed on April 23,
1996, by the following roll call vote:
AYES:
COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, PAPE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
d"i~STAIN:
u~k~
COUNCILMEMBERS:
METZE
COUNCILMEMBERS:
NONE
VJ;CKI !{ASAD-., C,:ITY CLERK
CITY OF LAKE ELSINORE
-
(S~~~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 above and foregoing is a full, true and
correct copy of Ordinance No. 1014 of said council, and that the
same has not been amended or repealed.
DArD: April 26, 1996
-.G
0~ ~... ...:
VICKI.:3ASATJ, _CIT CLERK
.:C':!TY OF' LAKE ELSINORE
( ""li.'A-'
o~.~r
-
ORDINANCE NO. 1015
-
AN ORDINANCE OF THE cm COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA,
AMENDING CHAYTER 5.28 OF THE LAKE
ELSINORE MUNICIPAL CODE REGARDING CARD
ROOMS BY ADDING PROVISIONS FOR ALLOWING
LIQUOR SALES.
,-
WHEREAS, the City of Lake Elsinore has established and adopted criteria
for the regulations card rooms; and
WHEREAS, On May 23, 1996 the City received a request from the Lake
Elsinore Resort and Casino to amend Chapter 5.28 of the Municipal Code to allow for the
sale and consumption of liquor within card rooms;
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
COUNCIL OF THE CITY OF lAKE ELSINORE, AS FOLLOWS:
Section 1. That the foregoing recitals are true and correct.
Section 2. Ordinance No. 1009 is hereby repealed.
Section 3. That Chapter 5.28 ofthe Lake Elsinore Municipal Code regarding card
rooms is hereby amended as follows:
Section 4. The following sections of the Municipal Code shall remain in full force
and effect until amended or repealed by action of the City Council.
--
1. 5.28.010
2. 5.28.020
3.5.28.030
4. 5.28.050
5. 5.28.060
6. 5.28.070
7. 5.28.110
8. 5.28.130
9. 5.28.140
10. 5.28.150
11. 5.28.160
12.5.28.170
13. 5.28.180
14. 5.28.190
15. 5.28.200
16. 5.28.210
17. 5.28.220
18. 5.28.230
19. 5.28.240
20. 5.28.260
Section 5. That the following section shall be added to read as follows:
Section 5.28.250. Liquor Sales Any sale of liquor by the licensee or any other
person operating under this Chapter shall be pursuant to a liquor license obtained
from the State of California Department of Alcoholic Beverage Control and pursuant
to the rules and regulations adopted thereby.
Section 6. That this ordinance shall become effective thirty (30) days after its
passage.
INTRODUCED AND APPROVED UPON FIRST READING this 11th of June,
1996, upon tbe following vote:
, AYES: COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE
NOES: COUNCILMEMBERS: ALONGI
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
Ordinance No.l212
Page Two
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 25th
day of June 1996, upon the following vote:
AYES: COUNCILMEMBERS:
BRINLEY, KELLEY, METZE, PAPE
NOES: COUNCILMEMBERS:
ALONGI
ABSTAIN: COUNCILMEMBERS: NONE
/~
I
f
ABSENT: COUNCILMEMBERS: NONE
Ke~ape, Mayor
City of Lake Elsinore
.~ ~J
Vicki Lynnet asad, City Clerk
Gig -6f Lake Elsinore
-
APPROVED S TO FORM AND LEGALITY:
~j[)h~L ~
John Harper, City tomey
City of Lake Elsinore
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Ordinance was read by title
only for adoption on June 11, 1996, and passed on June 25,
1996, by the following roll call vote:
AYES:
COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE
NOES:
COUNCILMEMBERS: ALONGI
ABSENT:
COUNCILMEMBERS: NONE
r ABSTAIN:
Q},Cl]W.-.
~. Lct.V:'___J
.VICKI,oKA . i CITY CLERK
CITY OF LAKE ELSINORE
COUNCILMEMBERS:
NONE
- (?3EAL)
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. 1015 of said Council, and that the
same has not been amended or repealed.
DATED:
June 26, 1996
rfI1/. I
-O~ lc.V~\
VICKI--KASAB '. -CITY CLERK
~~ITY eF L~KE ELSINORE
(SEA)',,-) .
ORDINANCE NO. 1016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, REZONING AN AREA
SOUTHWEST OF THE INTERSECTION OF LAKE STREET
AND ORANGE GROVE WAY FROM C-2 GENERAL
COMMERCIAL TO R-1 SINGLE-FAMILY RESIDENTIAL
(ZONE CHANGE 96-2: CITY OF LAKE ELSINORE)
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SBCTION 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:
389-040-038, 389-040-060, 389-040-061 and 389-040-062:
from C-2, General Commercial, to R-1, Single-Family Residential, 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 R-1 Zoning District.
Approval is based on the following:
1. This request is consist with the Goals, Policies, and
Objectives of the General Plan.
2. This request will bring the zoning for the area into
conformance with the General Plan.
3. This request will not result in any significant adverse
impact on the environment.
SBCTION TWO:
This Ordinance shall become effective as provided by law.
INTRODUCED AND APPROVED UPON FIRST READING this 25th of
June, 1996, upon the following roll call vote:
AYES: COUNCILMEMBERS:
BRINLEY, KELLEY, METZE, PAPE
NOES: COUNCILMEMBERS:
ALONGI
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
Page 2
Ordinance No. 1016
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 9th day
of July, 1996, upon the following roll call vote:
AYES: COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE
NOES: COUNCILMEMBERS: ALONGI
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE /'\
I
!
Mayor
Elsinore
-
-Vicki *,ynn ,. ~sad, City
city 01 Lake ~lsinore
( SEALf
APPROVED AS TO FORM AND LEGALITY:
~t'
John Ha-rper,
City of Lake
z
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R-1
EXHIBIT A
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 25, 1996, and passed on July 9, 1996, by the following roll call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, KELLEY, METZE, P APE
NOES:
COUNCILMEMBERS:
ALONGI
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
f- ."
I ! ,
()\.~.. "- .. r'l- \
-'II - ; ~' . . ..';:-'. ,~,
U ' . ,,",~L-d
':VlCKI -RAS@,CITY CLERK
'C:!'iY OF J:0:KE 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. 1016 of said Council, and that the same has not been amended or repealed.
DATED: July 10, 1996
-r
0~Jj., q. _~( I
_. . r~~~
~. -
- ,CKI !(A:SAD,-CiTY CLERK
. CITY OF ~-E ELSINORE
'.
(SEAL)
ORDINANCE NO. 1017
-
AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING THE
LAKE ELSINORE MUNICIPAL CODE BY ADDING CHAPTER 1.20,
SECTIONS 1.20.010 THROUGH 1.20.080, PERTAINING TO THE
ADMINISTRATIVE PROCEDURES GOVERNING THE IMPOSITION,
ENFORCEMENT, ADMINISTRATIVE REVIEW AND COLLECTION OF
PENALTIES FOR VIOLATING PROVISIONS OF THE LAKE ELSINORE
MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS
FOLLOWS:
The Lake Elsinore Municipal Code is amended by adding Chapter 1.20, entitled
ADMINISTRATIVE CITATION PROCEDURE, and the following s~ctions:
Section 1.12.010 - Administrative penalties for violation of this Code.
Whenever any act is prohibited pursuant to any ordinance of the City or is made or
declared to be unlawful or an offense or the doing of any act is required or the failure to do any
act is declared to be unlawful or a misdemeanor, such conduct shall be subject to an
administrative penalty by a fine not exceeding $1,000.00; except that whenever such act would
otherwise constitute an infraction said person committing such conduct is subject to
-
administrative penalty not exceeding $100.00 for a first violation, a penalty not exceeding
$200.00 for a second violation of the same provision within one year, and a penalty not exceeding
$500.00 for each additional violation of the same provision within one year.
Section 1.20.020 - Violation of Code.
It shall be unlawful for any person to violate any ordinance of the City. Whenever an
officer of the City finds that an ordinance has been violated he or she may implement the provision
for administrative penalties under this code. He or she shall notifY the violator in writing of the
violation and inform the violator of the penalty owed to the City for violating the ordinance. If
the violation pertains to building, plumbing, electrical or other similar structural or zoning
violations that do not pose an immediate danger to health or safety, the written notice shall detail
the violations and establish a reasonable correction period or schedule, which shall not be less
than 5 days, before a penalty is imposed.
Section 1.20.030 - Service of Notice.
Service of notices required under this provision shall be made by the following means:
A. By personal service of the violator in the same manner as a summons in a civil
action; or,
PAGE TWO - ORDINANCE NO. 1017
B. By registered U.S. mail. Service shall be completed at the time of deposit in the
U.S. Mail.
-
Section 1.20.040 - Request for review.
Any person that is ordered to pay an administrative penalty for violating a City ordinance
may request a review by depositing the full amount of the penalty with the request for review to
the City Manager and providing a written explanation to the City Manager as to why the violation
is being contested.
Section 1.20.050 - Determination.
The City Manager, or a designee of the City Manager, shall review the request for review
and take appropriate action. He may act on the information before him, request additional
information, or take other administrative action necessary to make a determination.
Section 1.20.060 - Decision of the City Manager
Following the review of the violation, the City Manager or the City Manager s designee,
-
shall determine whether a violation of an ordinance has occurred. If the City Manager or the City
Manager s designee determines that a violation has occurred he or she shall prepare a written
order affirming the administrative penalty and/or designating an appropriate penalty. The order
shall inform violators of their right to appeal the order within 20 days to the Municipal Court for a
trial de novo.
Section 1.20.070 - Alternatives.
Nothing in this article/chapter shall prevent the City form initiating a civil or criminal
proceeding or any other legal or equitable proceeding as an alternative to the proceedings set
forth in this article.
Section 1.20.080 - Collection of penalties.
The penalties and/or fine may be collected by the City in a small claims action, by lien, by
collection agency, or by any other legal means.
PAGE THREE - ORDINANCE NO. 1017
PASSED AND APPROVED UPON THE FffiST READING this 9th day of
July
1996, upon the following roll call vote:
-
AYES: COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, METZE, PAPE
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
PASSED, APPROVED, AND ADOPTED UPON THE SECOND READING this 23rd
day of July
. 1996, upon the following roll call vote:
AYES: COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, METZE, PAPE
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
-
ATTEST:
r-
r ----- -
~W
VICKI MSr\.lii~~ITY CLERK
- ,- ~
AP1~VE)) AS TO FORM AND LEGALITY:
JO~~TTORNEY
-
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 July 9, 1996, and passed on July 23, 1996, by the following roll call vote:
AYES:
COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, METZE,
PAPE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
(--l
0. __c_
/ --- .,-
~~~~;~
CITY (;)F ~AKR ELSINORE
-
~EAItL_,- -
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. 1017 of said Council, and that the same has not been amended or repealed.
DATED: July 24, 1996
-
(SEAt) - - -:
ORDINANCE NO. 1018
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, REPEALING ORDINANCE NO. 90S AND
ESrABUSHING DEVELOPMENT REQUIREMENTS TO
BENKtTr HABITAT CONSERVATION EFFORTS
-
The City Council of the City of Lake Elsinore does hereby ordain as follows:
SECTION 1. TITLE. This Ordinance shall be knows as the Habitat Conservation
Ordinance.
SECTION 2. FINDINGS. The City Council fmds and determines that:
(a) The Legislature of the State of California has found and declared that certain
species of fish, wildlife and plants are in danger of, or threatened with,
extinction due to habitat destruction and exploitation.
(b) The Legislature has further found and declared that these species of fISh,
wildlife and plants are of historical, economic and scientific value to the
people of this State and the conservation, protection and enhancement of
these species and their habitat is of state-wide concern.
-
(c)
The Legislature has further found and declared that it is the policy of the
State to conserve, protect, restore and enhance the habitat of species that are
listed as threatened or endangered, candidates for such listing as well as other
species of concern (collectively, listed, candidates for listing and other species
of concern shall hereinafter be referred to as "Species of Concern").
(d) The Congress of the United States has found and declared that the
preservation of Species of Concern is an important national and regional issue
which requires the cooperation of cities, counties, the states, the federal
government and the owners of property affected by these species.
(e) The listing of the Stephens' Kangaroo Rat as an endangered species has
resulted in significant adverse economic impacts upon the City and western
Riverside County and is likely to have contributed to the recent decline in
property values of not only lands which are occupied, but also lands which
are not occupied by that species.
(t) The City, together with the Cities of Corona, Hemet, Moreno Valley,
Murrieta, Perris, Riverside and Temecula and the County of Riverside have
formed the Riverside County Habitat Conservation Agency ("RCHCA") whose
purpose is to plan for, acquire, administer, operate and
Ordinance No. 1018
Page 2
(g)
(h)
-
maintain land and facilities for ecosystem conservation and the creation of
habitat reserves to implement habitat and ecosystem conservation plans and
programs for the Species of Concern. The RCHCA, and each of its member,
including the City have recently adopted the liThe Habitat Conservation Plan
for the Stephens' Kangaroo Rat in Western Riverside County, California"
<"SKRHCP") and have been issued an incidental take permit from the United
States Fish and Wildlife Service and a Management Authorization from the
California Department of Fish and Game, all of which documents require
certain implementation actions on the part of its members, including the City.
The City Council has previously adopted Ordinance No. 905 which imposed
an impact and mitigation fee of $1,950 per acre to be used exclusively for the
preparation and implementation of a habitat conservation plan for the
Stephens' Kangaroo Rat.
The Board of Directors of the RCHCA has recommended to each of its
members that each city and the county amend its Ordinance i) to enact the
implementation measures as set forth in the SKRHCP, the Section 10(a)
Permit and the Management Authorization; and, il) to reduce the impact and
mitigation fee to $500 per acre. The recommendations of the RCHCA with
respect to the Impact and Mitigation Fee is based upon the current cash
reserves of the RCHCA, its likely expenditures during the ensuing three years
to implement the terms of the SKRHCP, which will benefit many other
Species of Concern, and to negotiate and develop an ecosystem based multiple
species habitat conservation plan which will protect all species in order to
reduce the likelihood of additional state or federal listings and to support
permits to take Species of Concern should they be listed in the future.
(i)
The City Council has determined that the benefits accruing to parcels which
are occupied by the Stephens' Kangaroo Rat as well as those which are not
so occupied are roughly proportional and that a meaningful parcel by parcel
evaluation of the benefits which will accrue to those parcels as a result of the
implementation of the SKRHCP would not result in a meaningful difference
in the amount of the fee so imposed.
Ordinance No. 1018
Page 3
SECTION 3. PURPOSE. The purposes of this Ordinance are:
(a) to adopt and require certain implementation measures as required by the
SKRHCP, the Section 10(a) Permit and the Management Authorization; and,
(b) to adopt and impose an Impact and Mitigation Fee to provide funds to the
RCHCA to implement the terms of the SKRHCP.
SECTION 4. DEFINITIONS. As used in this Ordinance, the following terms shall
have the following meanings:
(a) CERTIFICATE OF OCCUPANCY. "Certificate of Occupancy II shall mean
a certificate of occupancy as defmed by the Ordinances of the City, or if no
defmition therein exists, as defmed by the laws of the State of California.
(b) DEVELOPMENT PERMIT. An on or otTsite grading, building or surface
mining permit or mobile home installation permit or mobile home site
preparation permit or any other permit or authorization which permits or
authorizes the disturbance of land
--
(c)
PLAN AREA. All real property located within the City situated within the
boundaries described in Section 5 of this Ordinance.
(d) FINAL INSPECTION. "Final Inspection" shall mean a fmal inspection as
defmed by the Ordinances of the City, or if no defmition therein exists, then
as such term is defmed in the most current adopted version of the Uniform
Building Code, or if no defmition there exists, then as such term is defmed
by the laws of the State of California.
(e) HABITAT CONSERVATION PLAN. A plan prepared pursuant to Section
10(a) of the Federal Endangered Species Act of 1973, 16 U.S.C. Section 1539
. and applicable provision of the California Endangered Species Act, California
Fish and Game Code Section 2050 et seq.
(f) IMPACT AND MITIGATION FEE. The fee imposed pursuant to the
provisions of this Ordinance.
(g) PARCEL. All real property located within the parcel or parcels for which
a development permit is applied
Ordinance No. 1018
Page 4
SECTION 5. PLAN AREA. All those certain lands located within the boundaries
described on Exhibit II A I' attached hereto and incorporated herein by this reference, which
are located within the City are hereby designated the Plan Area for the SKRHCP.
SECTION 6. LAND DISTURBANCE REPORTS.
(a) Until the City has been notified by the RCHCA that those certain Core
Reserves as identified in the SKRHCP have been completed, the City, from
information provided by the applicant for the Development Permit, shall
complete and deliver to the RCHCA a Land Disturbance Report for all
Development Permits issued for real property located within the boundaries
of the Plan Area which shall set forth the location of the land disturbed, the
number of acres within the parcel to be developed, the amount of the Impact
and Mitigation Fee paid, if any, and the number of acres occupied by
Stephens' Kangaroo Rats which have been disturbed, if any, as described in
a biological survey, if required
-
(b) The City shall complete and deliver to the RCHCA a Core Reserve Land
Disturbance Report, from information provided by the applicant, which sets
forth the nature of the project, the number of acres occupied by Stephens'
Kangaroo Rats which will be disturbed and the mitigation paid or provided
as required by the SKRHCP for Development Permits for real property
located within the boundaries of any Core Reserve which may now or in the
future be located within the boundaries of the City, as identified in the
SKRHCP.
(c) The City shall cause all Land Disturbance Reports and all Core Reserve Land
Disturbance Reports to be forwarded to the RCHCA no later than the 15th
day of each month.
SECTION 7. BIOLOGICAL SURVEYS. Prior to the issuance of any Development
Permit for any project which meeting the following criteria, the applicant for such
Development Permit for projects located within the boundaries of the Plan Area shall
provide the City with a biological survey for SKR:
(a) Until the City has been notified by the RCHCA that the Core Reserves as
identified in the SKRHCP have been completed, any Development Permit for
projects within known Stephens' Kangaroo Rat occupied habitat according
to the most recent Stephens I Kangaroo Rat distribution map available to the
City shall not be issued.
Ordinance No. 1018
Page 5
(b) Any Development Permit for projects within any Core Reserve as identified
in the SKRHCP.
(c) Notwithstanding the foregoing, biological surveys shall not be required in the
following instances:
(1) Emergencies: Actions taken by the city or other public agencies in
response to public emergencies including, but not limited to floods,
earthquakes and fIreS.
(2) Secondary Structures: Construction of secondary structures including,
but not limited to garages, granny units and swimming pools on
developed lots.
(3) Agriculture: Bona fide agricultural activities which do not involve the
construction of permanent improvements which require building
permits.
(4)
Fire Prevention: Fire Prevention activities as set forth in that certain
Cooperative Agreement regarding Fire Prevention entered into among
the city/county, the California Department of Fish and Game and the
United States Fish and Wildlife Service dated February 16, 1995 and
any subsequent amendments thereto.
-
SECTION 8. IMPOSITION OF IMPACT AND MITIGATION FEE.
(a) All applicants for Development Permits within the boundaries of the Plan
Area shall pay an Impact and Mitigation Fee of five hundred ($500) dollars per gross acre
located within the parcel to be developed and the area disturbed by related otTsite
improvements except as provided in Section 10 hereof. No Development Permit for real
property located within the boundaries of the Plan Area shall be issued or approved without
the payment of the Impact and Mitigation Fee and the submission of the biological survey
as required by this Ordinance.
(b) Impact and Mitigation Fees shall be reduced by seventy-five (75) percent for
nonprofit entities. For purposes of this section, nonprofit entities shall be dermed as those
entities identified in 26 U.S.C. 501(c)(3).
(c) Impact and Mitigation Fees for single family residential developments, wherein
all lots within the development are greater than one-half (1/2) gross acre in size, shall be
two hundred fifty ($250) dollars per residential unit.
Ordinance No. 1018
Page 6
(d) Agricultural development which requires a Development Permit, including, but
not limited to dairy farms and excluding poultry farms and the construction of single family
residences in connection with said agricultural development, an Impact and Mitigation Fee
of $1.00 per square foot of the buildings to be constructed shall be paid provided that at
no time shall such fee exceed the amount required to be paid if a fee of $500 per gross acre
were applied to the parcel proposed for agricultural development.
SECTION 9. PAYMENT OF FEE.
(a) The Impact and Mitigation Fee shall be paid upon issuance of a Development
Permit or a Certificate of Occupancy or upon fmal inspection, whichever fIrSt occurs after
the effective date of this Ordinance. In those cases where a Development Permit has been
previously issued and Impact and Mitigation Fees have previously been paid pursuant to
the provisions of this Ordinance or Ordinance No. 905 but such Development Permit has
expired, the applicant for a new Development Permit on the same property, upon
submission of proof of such payment satisfactory to the Community Development Director
shall pay the Impact and Mitigation Fee less the amount previously paid. In the event the
- fee previously paid was more than the Impact and Mitigation Fee, the applicant shall not
be entitled to a rebate.
SECTION 10. EXEMPTIONS. For purposes of this Ordinance, applicants for
Development Permits for the following types of development shall not be required to pay
an Impact and Mitigation Fee unless such applicant voluntarily participates in order to
mitigate the disturbance of habitat occupied by the Stephens I Kangaroo Rat.
(a) Reconstruction of any structure damaged or destroyed by fIre or other
natural causes;
(b) Rehabilitation or remodeling of existing structures, or additions to existing
structures.
(c) Development of any parcel for which the California Department of Fish and
Game and the United States Fish and Wildlife Service has approved other
mitigation procedures; provided, however, that in the event the cost of such
mitigation measures equal an amount less than the total amount of the
Impact and Mitigation Fee imposed hereby, the applicant for a Development
Permit shall pay the difference between the cost of the approved mitigation
procedures and the Impact Mitigation Fee which would otherwise be payable
pursuant to the terms of this Ordinance.
Ordinance No. 1018
Page 7
(d) Development of any parcel used by local, State or federal governments for
governmental purposes (i.e. public works, schools);
-
(e)
Development of any parcel for which an Impact and Mitigation Fee has been
previously paid pursuant to this Ordinance or Ordinance No. 90S. However,
in instances where the fee previously paid was the fee for single family
residential development, wherein all lots within the development were greater
than one-half (1/2) gross acre in size, and the applicant for a development
permit subsequently requests an increase in residential density or a change
from a residential to a non-residential use, or in instances where the parcel
as previously developed for agricultural purposes and the applicant for a
development permit subsequently requests a change from an agricultural to
a residential, commercial or industrial use, the fee shall be recalculated for
the new density or use pursuant to the provisions of this Ordinance. Any
difference between the recalculated fee and the previously paid fee shall be
required to be paid by the applicant, but in the event the fee previously paid
is more than the Impact and Mitigation Fee imposed by this Ordinance the
applicant shall not be entitled to a rebate.
(1) The construction of public utility transmission facilities. Said exemption shall
not include substations, treatment facilities or pumping stations.
(g) Development of any parcel for construction of a detached or attached
accessory living quarters will be constructed on a parcel of real property
upon which the main building to which the detached or attached accessory
living quarters has previously been lawfully constructed.
SECTION 11. REPEAL. The provisions of this Ordinance are intended to repeal
and replace in its entirety Ordinance No. 90S.
SECTION 12. FEE ADMINISTRATION. All Impact and Mitigation Fees collected
pursuant to the provisions of this Ordinance shall be deposited into an interest-bearing
Impact and Mitigation Fee Account and the fee and any interest earned shall be forwarded
to the RCHCA on or before the 15th day of each month, for expenditure by it for the
purposes for which it was created
Ordinance No. 1018
Page 8
SECTION 13. VALIDITY. This Ordinance and the various parts, sections and
clauses thereof are hereby declared to be severable. If any part, sentence, paragraph,
section or clause is adjudged unconstitutional or invalid, the remainder of this Ordinance
shall not be affected thereby. In any part, sentence, paragraph, section or clause of this
Ordinance, or its application to any person or entity is adjudged unconstitutional or invalid,
such unconstitutionality or invalidity shall affect only such part, sentence, paragraph,
section or clause of this Ordinance, or person or entity; and shall not affect or impair any
of the remaining provisions, parts, sentences, paragraphs, sections or clauses of this
Ordinance, or its application to other persons or entities. The City Council hereby declares
that this Ordinance would have been adopted had such unconstitutional or invalid part,
sentence, paragraph, section or clause of this Ordinance not been included herein; or had
such person or entity been expressly exempted from the application of this Ordinance.
SECTION 14. URGENCY MEASURE. This Ordinance is declared to be an urgency
measure and shall become effective immediately. The facts which constitute such urgency
are as follows:
-
(a) The RCHCA and its constituent members, including the City were issued their
Section 10(a) Permit from the United States Fish and Wildlife Service and their
Management Authorization from the California Department of Fish and Game which allows
the incidental take of the SKR on or about May 7, 1996. The terms of such permit require
that certain implementation measures be immediately instituted by both the RCHCA and
its members, including the City.
(b) The failure to immediately adopt such implementation measures are grounds for
termination or suspension of said Section 10(a) Permit and Management Authorization.
The provisions of this Ordinance adopt the measures necessary in order to allow the City
to implement the terms of the Section 10(a) Permit and the Management Authorization.
(c) The previous Mitigation Fee adopted by Ordinance No. 90S was SI9S0/acre. The
RCHCA and its constituent members, including the City have been discussing the possible
reduction of the fee to the level set by this Ordinance for over 3 months. As a result of
these discussions, those seeking Development Permits have delayed applications for such
permits in the hope that the Fee would be reduced. A further delay of 60 days in seeking
Development Permits would have significant economic effects not only on the construction
and building industries, but also upon the rmancial affairs of the City as well as the
RCHCA which relies upon the Impact and Mitigation Fee to implement the provisions of
the SKRHCP. Failure to implement the terms of the SKRHCP and the
Ordinance No. 1018
Page 9
~-
attendant Section 10(a) Permit and Management Authorization could result not only in the
revocation, termination or suspension thereof, but could also have a significant deleterious
effect upon the conservation, protection, restoration and enhancement of the SKR
populations in western Riverside County.
INTRODUCED AND APPROVED UPON FIRST READING BY TITLE ONLY
this 9th day of July, 1996, upon the following roll call vote:
AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING BY TITLE
ONLY this 23rd day of July, 1996, upon the following roll call vote:
AYES:
COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, P APE
NOES:
COUNCILMEMBERS: NONE
-
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
ATTEST:
?{JItJW
- - ~l
, VICKI KAS/~, CITY CLERK
C~"''i {}y LAKE ELSINORE
APPROVED AS TO FORM AND LEGALITY:
~
ATTORNEY
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
.,-.
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Ordinance was read by title
only for adoption on July 9, 1996, and passed on July 23, 1996, by the following roll call vote:
AYES:
COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, METZE,
PAPE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
(
(;Ii- (j _y.~~c/ . \
'-~~<.A/ t~,
-VICKI KA.S~,CITY CLERK
CITY OF LAKE ELSINORE
NONE
".....
(SEAl?)
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy
of Ordinance No. 1018 of said Council, and that the same has not been amended or repealed.
DATED: July 24, 1996
_~r~
VICKJ~1<ASAD. CITY CLERK
- CITY DF-LAK.E l1LSINORE
{SEAL)
ORDINANCE NO. 1019
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LA.IQ: ELSINORE, CALIFORNIA,
REPEALING ITEM NO. 12 OF SECTION 5.73.080 OF
THE LAKE ELSINORE MUNlCIPAL CODE, RELATING
TO SPECIAL EVENTS.
WHEREAS, the City of Lake Elsinore adopted the current Special Events
Ordinance No. 959 on June 22, 1992; and
WHEREAS, the City of Lake Elsinore now seeks to increase the level of Tourism
and Recreational opportunities and allow for an increased number of events;
NO\V, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE DOES HEREBY ORDAIN AS FOLLOWS:
Item No. 12 of Section 5.73.080 is hereby repealed eliminating the
requirement that an organization hold non-profit status to qualify for use of
Lake Elsinore as a special event site.
INTRODUCED AND PASSED UPON FIRST READING this 24th day of
September , 1996, upon the following roll call vote:
KE~~.~YOR
CITY OF LAKE ELSINORE
-
ATJ?~T:
~~l~
VICKI KA:SM1, CITY CLERK
ctrYDf LAKE ELSINORE
APPROVED AS TO LEGAL FORM:
~
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Ordinance was read by title
only for adoption on September 24, 1996, and passed on October 8, 1996, by the following roll call
vote:
AYES:
COUNCILMEMBERS:
BRINLEY, KELLEY, METZE, P APE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
ALONGI
-
ABSTAIN: COUNCILMEMBERS:
Q)~W
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
NONE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy
of Ordinance No. 1019 of said Council, and that the same has not been amended or repealed.
DATED: October 9, 1996
r{rl-L\
VI~SAD, CITY CLERK
- CITY OF LAKE ELSINORE
(SEAL)
ORDINANCE NO. 1020
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA ESTABLISHING CHAPTER 9.42
OF THE CITY OF LAKE ELSINORE MUNICIPAL CODE REGARDING
USE OF POLICE SERVICES AT LOUD PARTIES OR OTHER ACTIVITIES
The City Council of the City of Lake Elsinore, California, does ordain as follows:
SECTIONS:
9.42.010
9.42.020
9.42.030
9.42.040
Definitions
Initial Police Responses to Large Parties, Gatherings or Events
Subsequent Police Responses to Large Parties, Gatherings or Events; Liability
Cost; Collection
9.42.010 Definitions. The following words, phrases and terms as used in this chapter shall
have the meaning as indicated below:
(A) Large party, gathering or event is a group of persons who have assembled or are
assembling for a social occasion or for a social activity.
(B) Host is a person who owns the property where the party, gathering or event takes place;
the person in charge of the premises and/or the person who organizes the event. If the host is a
minor, then the parents or guardians of that minor will be jointly and severally liable for the fee
incurred for police services.
,....
~ Police services fee is the cost to the City of any special security assignment. Such fee may
be either a flat fee of $250.00 or an itemized fee based on, but not limited to, salaries of police
officers while responding to or remaining at the party, gathering or event, the pro rata cost of
equipment, the cost of repairing City equipment and the property, the cost of any medical treatment
of injured police officers.
(D) Special security assignment is the assignment of police officers, services and equipment
during a second or subsequent response to the party, gathering or event after the distribution of a
written notice to the host that a fee may be imposed for costs incurred by the City for any subsequent
police response.
9.42.020 Initial Police Responses to Large Parties. Gatherings or Events. When any
police officer responds to any large party, gathering or event, and the police officer determines that
there is a threat to the public peace, health, safety, or general welfare, the police officer shall issue
a written notice to the host or hosts that a subsequent response to that same location or address
within a thirty (30) day period, such response or responses shall be deemed a special security
assignment rendered to provide security and order on behalf of the party, gathering or event and that
the host may be liable for a police service fee as defined in this chapter.
-
9.42.030 Subsequent Police Responses to Large Parties. Gatherings or Events: Liability.
If after a written notice is issued pursuant to Section 9.42.020, a subsequent police response or
responses is necessary to the same location or address within a thirty (30) day period, such response
or responses shall be deemed a special security assignment. Persons previously warned shall be
jointly and severally liable for a police services fee as defined in this chapter.
The amount of such fee shall be a debt owed to the City by the person or persons, warned, and if he
or she is a minor, the debt shall be owed by his or her parents or guardians. In no event shall the fee
be more than $1,000.00.
The City reserves its rights to seek reimbursements for actual costs exceeding $1,000.00 through
other legal remedies or procedures.
The subsequent response may also result in the arrest and/or citation of violators of the state penal
code or other regulations, ordinances or laws.
9.42.040 Cost: Collection. The City Manager or his designee shall notify the Finance
Director in writing of the performance of special security assignment, of the name and address of the
responsible person or persons, the date and time of the incident, the services performed, the costs
thereof and such other information as may be required. The Finance Director Treasurer shall
thereafter cause appropriate billings to be made. In the event billings are not paid when due, the
Finance Director shall have the authority to collect said billings through a small claims action or,
based upon action of the City Council after noticed hearing; place the delinquent billing on the
equalized tax roll for collection in the same manner as property taxes.
9.42.050 Administrative Appeal. An administrative appeal of a police services fee may be
made to the City Manager or his designee within ten (10) days from the date of mailing of the billing
and grounds for the appeal.
INTRODUCED AND PASSED UPON FIRST READING this 8th day of October,
1996, upon the following roll call vote:
AYES: COUNCILMEMBERS:
BRINLEY, KELLEY, METZE, PAPE
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
ALONGI
ABSTAIN: COUNCILMEMBERS:
NONE
,.....
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22nd day
of October, 1996, upon the following roll call vote:
AYES: COUNCILMEMBERS:
BRINLEY, KELLEY, METZE, PAPE
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
ALONGI
ABSTAIN: COUNCILMEMBERS:
NONE
ATTEST:
jl ,
.\ .(\ .~
U .\}2.-'.. "'_' 0C"
Vic . L. Kasad, City Clerk
APPROVED AS TO FORM AND LEGALITY:
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 October 8, 1996, and passed on October 22, 1996, by the following roll call
vote:
AYES:
COUNCILMEMBERS:
BRINLEY, KELLEY, METZE, P APE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
ALONGI
-
ABSTAIN: COUNCILMEMBERS:
~w
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
NONE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy
of Ordinance No. 1020 of said Council, and that the same has not been amended or repealed.
DATED: November 4, 1996
10fJ
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
ORDINANCE NO. 1021
AN URGENCY INTERIM ORDINANCE TEMPORARILY
PROHIBITING NEW MULTI-FAMILY RESIDENTIAL
PROJECTS AT A DENSITY GREATER THAN TWELVE (12)
DWELLING UNITS PER ACRE PENDING CONTEMPLATED
GENERAL PLAN AND ZONING STUDIES
WHEREAS, the City of Lake Elsinore General Plan and Zoning Code (Title 17 of the
Municipal Code) presently allows multi-family residential projects subject to certain regulations
within certain areas so designated on the Land Use Map of the General Plan and the zoning maps
of the City; and
WHEREAS, recent applications for such use has caused elected and appointed officials,
staff, adjacent existing residential uses and the community at large to express concern about the
impacts of such use on the health, safety and welfare of the 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 the
residential neighborhoods, and businesses adjacent thereto; and the impacts on the City's
transportation system and public services resulting from the high density of such projects, the
impact on property values adjacent thereto and the ability to provide services for the project
itself; and
WHEREAS, as a consequence, there is a current and immediate threat to the public
health, safety, and welfare as described and that the 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, the City Council for 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 multiple family residential use at a density greater than twelve (12)
dwelling units per acre 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.
3. This Interim Ordinance extension shall be of no further force and effect one year
from the date of its adoption.
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 22nd day of October, 1996, by the
following vote:
AYES: BRINLEY, KELLEY, METZE, PAPE
NOES: NONE
ABSENT: ALONGI
ABSTAIN: NONE
Ordinance No. ~Q1.L
Page 2
-
;.1:/ _.'
.~-
A TrEST:
/
Qi '\ .J
\ ,.. '\,.\
/ ! \..(.,1 .
Vicki LynneiJKasad, City Clerk
City of Lake Elsinore
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
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 and passage on October 22, 1996, by the following roll call
vote:
AYES:
COUNCILMEMBERS:
BRINLEY, KELLEY, METZE, P APE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
ALONGI
-
ABSTAIN: COUNCILMEMBERS:
hv \
VICKI KAS~'1LERK
CITY OF LAKE ELSINORE
NONE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy
of Ordinance No. 1021 of said Council, and that the same has not been amended or repealed.
DATED: November 4, 1996
czfJL1~)
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
ORDINANCE NO. 1022
AN ORDINANCE EXTENDING ORDINANCE 1021 AN
URGENCY INTERIM ORDINANCE TEMPORARILY
PROHIBITING NEW MULTI-FAMILY RESIDENTIAL
PROJECTS AT A DENSITY GREATER THAN TWELVE (12)
DWELLING UNITS PER ACRE PENDING CONTEMPLATED
GENERAL PLAN AND ZONING STUDIES
WHEREAS, the City of Lake Elsinore General Plan and Zoning Code (Title 17 of the
Municipal Code) presently allows multi-family residential projects subject to certain regulations
within certain areas so designated on the Land Use Map of the General Plan and the zoning maps
of the City; and
WHEREAS, recent applications for such use has caused elected and appointed officials,
staff, adjacent existing residential uses and the community at large to express concern about the
impacts of such use on the health, safety and welfare of the 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 the
residential neighborhoods, and businesses adjacent thereto; and the impacts on the City's
transportation system and public services resulting from the high density of such projects, the
impact on property values adjacent thereto and the ability to provide services for the project
itself; and
WHEREAS, as a consequence, there is a current and immediate threat to the public
health, safety, and welfare as described and that the 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 of the City of Lake Elsinore adopted Ordinance 1021
prohibiting new multi-family residential projects at a density greater than twelve (12) dwelling
units per acre pending contemplated General Plan and zoning studies on October 22, 1996 for
a period of 45 days (which would be due to expire December 6, 1996).
NOW, THEREFORE, the City Council for 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 multiple family residential use at a density greater than twelve (12)
dwelling units per acre 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.
3. This Interim Ordinance extension shall be of no further force and effect ten
months and 15 days from the date of expiration of Ordinance No. 1021.
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 AND APPROVED UPON FIRST READING this 26th day of November,
1996, by the following vote:
AYES:
COUNCILMEMBERS:
BRINLEY, KELLEY, METZE, PAPE
NOES:
COUNCILMEMBERS:
ALONGI
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
Ordinance No. 1022
Page 2
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10th day
of December, 1996, by the following vote:
AYES:
COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE
NOES:
COUNCILMEMBERS: ALONGI
ABSENT:
COUNCILMEMBERS: NONE
ABSTAIN:
COUNCILMEMBERS: NONE
c,!
ATI'EST:
-
c', )'- c r, - - {\ ;:-
- 2- - \~.; , l -- \
_ .IJ~A __ tf~~
~ '1JCKfKA~~:. CITY CLERK
- CI'J'Y OF-LAKE ELSINORE
APPROVED AS TO LEGAL FORM:
~ Dk~ .~
JolIN R. HARPER, ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the foregoing Ordinance was read by title
only for adoption on November 26, 1996, and passed on December 10, 1996, by the following roll
call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, KELLEY, METZE, P APE
NOES:
COUNCILMEMBERS:
ALONGI
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
/--
- 0-c~ .~/J
... VI~kt;tITY CLERK
_ -CITY OF ~AKE -ELSINORE
(SEAt)
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. 1022 of said Council, and that the same has not been amended or repealed.
DATED: December 12, 1996
-
9~fl'2 J
WdahS~~ITY CLERK
- CITY OF LAKB ELSINORE
(SEAL)
-~
-
ORDINANCE NO. 1023
AN ORDINANCE OF THE CITY OF LAKE ELSINORE
APPROVING A PUBLIC LEASEBACK
WHEREAS, the City of Lake Elsinore (the "City") is considering entering into a lease
agreement (the "Agreement") with the Lake Elsinore Recreation Authority (the "Authority")
pursuant to which the City will make lease payments to be used to pay debt service on the
Authority's proposed $21,000,000 Revenue Bonds, 1996 Series A (Public Facilities Project) (the
"Bonds");
WHEREAS, said lease payments will be paid semi-annually in amounts sufficient to pay
semi-annual debt service on the Bonds;
WHEREAS, the Authority constitutes a "public leaseback corporation", as such term is
defined in Section 54240 of the California Government Code;
WHEREAS, the Agreement would constitute a "public leaseback", as such term is
defined in Section 54240 of the California Government Code;
WHEREAS, Section 54241 of the California Government Code provides that no public
leaseback shall be entered into until the act of entering into a formal agreement with the public
leaseback corporation shall have been approved by ordinance;
.".....
WHEREAS, the form of the proposed Agreement is on file with the City Clerk and the
City Council desires to approve the act of entering into the Agreement in substantially the form
on file;
NOW, THEREFORE, the City Council of the City of Lake Elsinore does ordain as
follows:
Section 1. Approval Pursuant to Section 54241 of the California Government Code,
the City is hereby authorized to enter into a formal agreement with the Authority, namely, the
Agreement, which Agreement constitutes a "public leaseback", as such term is defined in
Section 54240 of the California Government Code.
Section 2. Referendum. This Ordinance is subject to the provisions for referendum
applicable to the City.
Section 3. Publishing. This Ordinance shall be published once, before the expiration of
15 days after the adoption hereof, with the names of the City Council members voting for and
against the Ordinance, in the Riverside Press-Enterprise.
r--
-
Section 4. Effective Date. This Ordinance shall become effective 30 days from the date
of adoption hereof.
PASSED UPON FIRST READING this 26th day of November, 1996, upon the following
roll call vote:
AYES:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
NOES:
ABSENT:
ABSTAIN:
ALONGI, BRINLEY, KELLEY, METZE, PAPE
NONE
NONE
NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10th day of
December, 1996, upon the following roll call vote:
AYES:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
NOES:
ABSENT:
ABSTAIN:
,......
A l}~~~~:. . . .
~-' /-::l' J
- JUt- \~ cr .~-.
." _ "".. .\i.
- - .:..:. ~ - Vkia Kasad,
City Clerk
APPROVED AS TO FORM & LEGALITY:
..1J
-
ALONGI, BRINLEY, KELLEY, METZE, PAPE
NONE
:. :...:._E. / ..' '
A 14,/ I
(I::; /1 ).,' '....~
fit "t / i [,{/
/}/ :Ke~ Pape
Mayor
-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 November 26, 1996, and passed on December 10, 1996, by the following roll
call vote:
AYES:
COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, METZE,
PAPE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
"......
ABSTAIN: COUNCILMEMBERS:
(.
J :J
9\JI .1/
-. ? /~ !LC'~^
. 9IcKI:=KASAiS,; CiTY CLERK
CITY OF >LNGlELSINORE
NONE
(SE~r-~
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. 1023 of said Council, and that the same has not been amended or repealed.
DATED: December 12, 1996
~~~[&J
,..... - VIC~KASAD~ CITY CLERK
. ~TY OF .L~ELSINORE
(SEAL)