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Nos 1994-971-989 ORDINANCE NO. 971 -, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING AN AREA ALONG THE WEST SIDE OF CHANEY STREET BETWEEN HEALD AVENUE TO THE SOUTH, TRELEVEN AVENUE TO THE NORTH, WITH THE WESTERN BOUNDARY BEING WILSON WAY, ADAM AVENUE, SUMNER AVENUE, DRISCOLL STREET, MORTON STREET, CALKINS AVENUE AND GEDGE AVENUE FROM R-2 MEDIUM DENSITY RESIDENTIAL TO R-1 SINGLE-FAMILY RESIDENTIAL (ZONE CHANGE 93-6: CITY OF LAKE ELSINORE) ,I THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION This zoning Map of the city of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: 375-321-001 through 006; 375-321-009 through 027; 375-321-029 through 057; 375-322-001 through 021; 375-323-001 through 012, 375-323-016 through 018; 375-326-002 through 009; 375-326-012 through 015; 375-326-018 through 020; 375-335-001 through 019; 375-343-001 through 007; 375-343-011, 014 and 015; 375-345-001 through 013; 375-345-016 through 029; 375-345-032 and 033; 375-346-001; 375-346-008 through 012; 375-346-014 and 015 from R-2, Medium Density Residential, 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. Page 2 Ordinance No. 971 SECTION TWO: This Ordinance shall become effective as provided by law. o INTRODUCED AND APPROVED UPON FIRST READING this 8th of February, 1994, upon the following roll call vote: AYES: COUNCILMEMBERS: DmlINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI, CHERVENE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22nd day of February 1994, upon the following roll call vote: ~ AYES: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI, CHERVENY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Gary M. Washburn, Mayor City of Lake Elsinore AT,'l'EST: U' vicki Lynne. asad, city city of Lak Elsinore ( SEAL) J_ - .. APPROVED AS TO FORM AND LEGALITY: ~ John Harper, City of Lake .' Are. of :r.e..e. C"""~c. Frllln R-2 .0 ~-I --- z / 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 for adoption on January 11, 1994, and passed on January 25, 1994, by the following vote: AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ NOES: COUNCILMEMBERS: CHERVENY ABSENT: COUNCILMEMBERS: NONE / \( 1ABSTAIN: Q._r,,' t" C) vU,- ,W~'--C ' VI C'KI KASAD, CITY LERK CITY O~ LAKE ELf.INORE COUNCILMEMBERS: WASHBURN, WINKLER - (SEAL) STATE OI' 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. 972 of said Council, and that the same has not been amended or repealed. DATED: January 26, 1994 r ( J ,() \ ;1\ \.. \~ \. I ' "(\' . CJl/J' hiltI I6'skCITY ERK CITY OF LAKE ELSINORE (SEAL) - ORDINANCE NO. 972 (~:' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PREZONING 212 ACRES TO RURAL RESIDENTIAL AND RESIDENTIAL AGRICULTURAL (ZONE CHANGE 93-5) LOCATED ROUGHLY WEST OF GRAND AVENUE, NORTH AND SOUTH OF AMOROSE STREET AND TOFT DRIVE: CITY OF LAKE ELSINORE r- THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION This Zoning Map of the city of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: Assessor's Parcel Numbers: 387-030-009: 387-270- 032, 033 & 037: 387-371- 001-006: 387- 372- 001-007; 387-380- 001 & 002: 387-390- 001 & 002; 387- 400- 001-006, 008-014 & 016: 387-410- 007-017: 387-420- 003, 004, 006, 007 & 009; 387-430- 002-015 & 020-022: 387-441- 001-025: 387-442- 001-015; and 387-443- 001-014 - to Rural Residential (R-R) and Residential Agricultural (R-A) on approximately 212 acres, as illustrated in Exhibit "B" attached hereto, and the said real property shall hereafter be subject to the provisions and regulations of the Zoning Ordinance relating to property located within such R-R and R-A Zoning District. Approval is based on the following: 1. This project is consistent with the Goals, Policies and Objectives of the General Plan. 2. This zone change establishes the necessary pre-zoning for this site. 4. This request will significant adverse environment. not result impacts in on any the SECTION TWO: This Ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 11th day - of January 1994, upon the following vote: AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ NOES: COUNCILMEMBERS: CHERVENY ABSENT: COUNCILMEMBERS: WASHBURN ABSTAIN: COUNCILMEMBERS: WINKLER ~-=- .~fto, Page 2 Ordinance No. 972 PASSED, APPROVED AND AOOPl'ED UPON SECOND READING this 25th day of January 1994, upon the fOllowing vote: -,..... AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ NOES: COUNCILMEMBERS: CHERVENY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER, WASHBURN fTEST: 2)"jJ~ ' Vicki Lynne I City of - (SEAL) APPROVED AS TO FORM AND LEGALITY: John City - .. ORDINANCE NO. 973 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 8.36 OF THE LAKE ELSINORE MUNICIPAL CODE -. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.36, is hereby amended, as follows: 8.36.010 Findings and declarations. In addition to and in accordance with the determination made and the authority granted by the State under section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council makes the following findings and declarations: The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property not including highways is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled, or inoperative vehicle or parts thereof, on private or public property not including highways, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in accordance wi th the provisions of this chapter. 8.36.020 Definitions. As used in this chapter: A. "Highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. "Highway" includes "street". B. "Owner of the land" means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll. C. "Owner of the vehicle" means the last registered owner and legal owner of record. D. "Public property" does not include "highway". E. "Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks. 8.36.030 Exemptions A. This chapter shall not apply to: 1. A vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or 2. A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the Ordinance No. ~ Page 2 '-. operation of a lawfully conducted business or commercial enterprise. Nothing in this section shall authorize the maintenance of a public or private nuisance as define? un~er provision of law other than Chapter 10 (commenc1ng w1th section 22650) of Division 11 of the Vehicle Code and this chapter. 8.36.040 Chapter not exclusive regulation. This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City. It shall supplement and be in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City, the State, or any other legal entity or agency having jurisdiction. B. - 8.36.050 Right of Entry. Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the City Manager. In the enforcement of this chapter such officer and his/her deputies may enter upon private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. 8.36.060 Right of entry--Franchise. When the city Council has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter. 8.36.070 Removal--Administrative costs. The City Council shall from time to time determine and fix an amount to be assessed as administrative costs, excluding the actual cost of removal of any vehicle or parts thereof, under this chapter. 8.36.080 Removal--Authority. Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative vehicle, or parts thereof, on private property or public property within the City, the City Manager shall have the authority to cause the abatement and removal thereof in accordance with the procedure prescribed in this chapter. 8.36.090 Notice of intention to abate. A ten-day notice of intention to abate and remove the vehicle, or parts thereof, as a public nuisance shall be issued to the owner of the land and/or posted on the vehicle. However, the notice of intention is not required for removal of a vehicle or part thereof which is inoperable due to the absence of a motor, transmission, or wheels and incapable of being towed, is valued at less than two hundred dollars ($200), and is determined to be a public nuisance presenting an immediate threat to public health or safety, provided that the property owner has signed a release authorizing removal and waiving further interest in the vehicle or part thereof. 8.36.100 Notice to Department of Motor Vehicles. within five days after the date of removal of the vehicle or parts thereof, notice shall be given to the Department of Motor Vehicles identifying the vehicle or parts thereof removed. At the same time there shall be transmitted to the Department of Motor Vehicles any evidence of registration available, including registration certificates, certificates of title and license plates. 8.36.110 Abandoning a vehicle--Misdemeanor--Exception. It is unlawful and a misdemeanor for any person to abandon, park, store, or leave or permit the abandonment, parking, storing, or leaving of any licensed or unlicensed vehicle or parts thereof which is in an Ordinance No. 973 Page 3 - abandoned, wrecked, dismantled, or inoperative condition, upon any private property or public property not including highways within the City for a period in excess of five days unless such vehicle or parts thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junkyard. 8.36.120 Failure to remove abandoned vehicle--Xisdemeanor. It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law where such state law is applicable. SECTION 2. This ordinance shall take effect as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 11th day of January, 1994, upon the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER NOES: COUNCILMEMBERS: NONE - ABSENT: COUNCILMEMBERS: WASHBURN ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 25th day of January, 1994, upon the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER NOES: COUNCILMEMBERS: NONE NONE ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Pf~ M. Washburn, Mayor y of Lake Elsinore AP~~ John Harper, City of Lake ( SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) ...-- I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on January 11, 1994, and passed on January 25, 1994, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ~... ( ABSTAIN: \ l' J' :' \ \ ~};1L ~. VICKI KASAD' CITY CLERK CITY 02 LAKE E~SINORE COUNCILMEMBERS: WASHBURN (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. 973 of said Council, and that the same has not been amended or repealed. DATED: January 26, 1994 ,~\ r /)2: J "..- . . t~~2Gc 0-<J-l~O IC:KI KASAD, C1T~ CLERK CITY OF ~E ELSINORE (SEAL) - ORDINANCE NO. 974 AN URGENCY INTERIM ORDINANCE PROHIBITING ADULT BUSINESS USES PENDING A CONTEMPLATED ZONING STUDY WHEREAS Chapter 17.70 of the City of Lake Elsinore Municipal Code presently allows adult business uses subj ect to certain '''''''. restrictions and regulations wi thin the C-2 General Commercial District; and WHEREAS, an application for such use has been received by the City; and WHEREAS, such application has caused elected officials, staff, adjacent business and the community at large to express concern about the impact of such businesses on the health, safety and welfare of the general public and request consideration of the appropriateness of said adult business, the regulations related thereto, and the locations thereof; and WHEREAS, such health, safety and welfare concerns include the secondary effects on the businesses and residential neighborhoods adjacent thereto resulting from the clientele of such businesses, the impact on property values adjacent thereto and the impact on other C-2 businesses; 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 entitlements for such use which are required in order to comply with the existing 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 adult business use as defined in Chapter 17.70 shall be permitted in any zone, 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 shall be of no further force and effect forty-five (45) days from the date of its adoption. After notice pursuant to Government Code section 65090 and a public hearing, the City Council may determine to extend this Ordinance as authorized by Government Code Section 65858. A four-fifths (4/5) vote shall be required for this Ordinance to be effective. 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 25th day of January, 1994, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE NOES: ABSENT: ABSTAIN: Ordinance No. 974 Page 2 ~U-- - (SEAL) APPROVED AS TO FORM AND LEGALITY: - - . Washburn, Mayor Lake Elsinore STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) ~ I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, I J I DO HEREBY CERTIFY that the foregoing Urgency Ordinance was read for adoption and passed on January 25, 1994, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE rC ('1/ \ , )~~J~, .~ tr-CKI KASAD, *TY CLERK CI'!:':.:-:OF LAK!~ 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. 974 of said Council, and that the same has not been amended or repealed. DATED: January 26, 1994 (\c . 'Y \ \- . ( , iJ ~J- . :h-/(; VIC}(I KASAD, CITY CLERK CITY OF IJIK~ ELSINORE ,........ (SEAL) /' ORDINANCE NO. 976 AN URGENCY INTERIM ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, EXTENDING FOR 10 MONTHS AND lS DAYS A MORATORIUM ON ADULT BUSINESS USES PENDING A CONTEMPLATED ZONING STUDY - WHEREAS Chapter 17.70 of the city of Lake Elsinore Municipal Code presently allows adult business uses subject to certain restrictions and regulations within the C-2 General Commercial District; and WHEREAS, an application for such use has been received by the city; and WHEREAS, such application has caused elected officials, staff, adjacent business and the community at large to express concern about the impact of such businesses on the health, safety and welfare of the general public and request consideration of the appropriateness of s.Ciidadult business, the regulations related thereto, and the locations thereof; and WHEREAS, such health, safety and welfare concerns include the secondary effects on the businesses and residential neighborhoods adjacent thereto resulting from the clientele of such businesses, the impact on property values adjacent thereto and the impact on other C-2 businesses; 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 entitlements for such use which are required in order to comply with the existing ordinance would result in that threat to the public health, safety, and welfare. WHEREAS, on January 25, 1994 the City Council unanimously adopted Urgency Interim Ordinance No. 974 prohibiting adult business uses in the City pending a contemplated zoning study. This urgency ordinance is due to expire in 45 days on March 11, 1994 as prescribed by state law. section 65858(a) of the Government Code allows the city to extend this ordinance and moratorium for an additional 10 months and 15 days subject to a public hearing. 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 adult business use as defined in Chapter 17.70 shall be permitted in any zone, 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 shall be of no further force and effect 10 months and 15 days from the date of its adoption. After notice pursuant to Government Code section 65090 and a public hearing, the City Council may determine to extend this Ordinance as authorized by Government Code Section 65858. A four-fifths (4/5) vote shall be required for this Ordinance to be effective. 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. '.2__ Ordinance No. q76 Page 2 PASSED, APPROVED AND ADOPTED this 8th day of March, 1994, by the following vote: NOES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN COUNCILMEMBERS: NONE AYES: - ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ',~ ,- Washburn, Mayor Lake Elsinore ~ _ vicKi Lynn Kasad, City lerk City of Lake Elsinore ( <:!EA'. \ i:) J.J I 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 for adoption March 8, 1994, and passed on March 8, 1994, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ~~r:;: ~CKI KASAD, CITZ CLERK CITY OF LAKE ~LSINORE COUNCILMEMBERS: 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. 976 of said Council, and that the same has not been amended or repealed. DATED: April 14, 1994 ~J\ ~/ ~ ~ VI~~Y CLERK CITY OF I.AKE ELSINORE - (SEAL) ORDINANCE NO. 977 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 5.28 OF THE MUNICIPAL CODE REGARDING CARD ROOMS AND PROVIDING FOR RULES AND REGULATIONS CONCERNING EXISTING LICENSES. - WHEREAS, the City Council of the City of Lake Elsinore desires to amend Chapter 5.28 of the Municipal Code, said Chapter allowing for the operation of the card room within the city, and; WHEREAS, the City Council recognizes the need to clarify and define gross receipts (revenue) and; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE as follows: SECTION 1. Adds to Section 5.28.010 defining under "L" to include the definition of gross receipts (revenue). DEFINITION: Gross Receipts (revenue) as defined in Chapter 5.28 of the Card Room Ordinance should mean and include seat rental fees and any and all table revenue, as provided for in Chapter 5.28, but should not include fees (receipts) charged - and collected from players, that are returned to the players as tournament or jackpot bonuses. SECTION 2. That this ordinance shall become effective thirty (30) days after its passage. PASSED UPON FIRST READING this 22nd day of March, 1994, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 12th day of April, 1994, by the following vote: NOES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN COUNCILMEMBERS: NONE AYES: ABSENT: COUNCILMEMBERS: WINKLER PAGE TWO - ORDINANCE NO. 977 ABSTAIN: - COUNCILMEMBERS: NONE I'!'Y CLERK ELSINORE APPROVED AS TO FORM & LEGALITY: JOHN R. - WASHBURN, MAYOR 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 Urgency Ordinance was read for adoption March 22, 1994, and passed on April 12, 1994, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WINKLER ( ABST~IN: '~' 8~ . VICKI KASAD, C TY CLERK CITY OF LAKE EI$INORE COUNCILMEMBERS: 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. 977 of said Council, and that the same has not been amended or repealed. DATED: April 14, 1994 ~ VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE - (SEAL) ORDINANCE NO. 978 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT # 1 TO THE LAGUNA HEIGHTS SPECIFIq PLAN 92-3 FOR GOOD LAND INVESTMENT (THE WESTERN COMPANY) - THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: - WHEREAS, an application has been filed with the City of Lake Elsinore by Good Land Investment (The Western Company) to amend the Laguna Heights Specific Plan 92-3. The revised Specific Plan Land Use Plan incorporates revisions to some of the product type and land use locations. Revisions to product type include the transfer of 2acre/10acre Estate Lots and half acre minimum Canyon Lots to 1 acre and 20,000 square foot minimum Equestrian Lots, and 1 acre average Hill-Top Lots to Hillside Cluster Home Lots. In addition, approximately 600 units within the project will be restricted to senior citizens and/or retired households. Relocation of land uses include : addition of 1 acre equestrian lots along the eastern portion of the proj ect to conform with the existing equestrian communities in the area, and the relocation of Terrace Villas (MF) and golf clubhouse area to the interior of the project to lessen impacts to existing equestrian communities to the east. The number of dwelling units proposed on the northerly ridge of the project site have been reduced. The maximum number of dwelling units proposed is still 888. Aesthetics and biological impacts would be reduced primarily due to the restriction of development along the prominent ridgeline and increasing non-recreational open space acreage from 477 acres to approximately 678 acres. The site is located west of Grand Avenue, access is gained from Toft Drive, Amorose Street or Patrick Court. WHEREAS, the Planning Commission reviewed and found that the previously certified EIR and Addendum for the Laguna Heights Specific Plan addresses all impacts associated with this project and has recommended that the City Council (1) make this finding in order to fulfill the requirements of the California Environmental Quality Act and the City's CEQA Guidelines; and (2) approve the amendment to the Laguna Heights Specific Plan; and WHEREAS, the City Council held a duly noticed public hearing on April 26, 1994, pursuant to State Planning and Zoning Law and local ordinances; WHEREAS, the City Council has determined that the previously certified EIR and the Addendum prepared for the Laguna Heights Specific Plan adequately addresses the impacts associated with this Amendment in accordance with the California Environmental Quality Act, and has considered the information contained therein and in the other documents referred to therein, and has made the Findings required by the State CEQA Guidelines. - Section 1: Upon the recommendation of the Planning Commission and based upon the Findings adopted hereby with regard to the approval of the Project, the City Council hereby (i) finds that the Amendment to the Specific Plan for the Project area is consistent with the General Plan of the city, (ii) finds the adoption of the Specific Plan Amendment is in the public interest, (iii) approves the Specific Plan Amendment based on the following Findings: 1. The Laguna Heights EIR was prepared, submitted and reviewed in accordance with the requirements of the California Environ- mental Quality Act and the City's CEQA Guidelines, and is complete and adequate in that it addresses all environmental effects of the project and discretionary approvals required therefore. This is also true of its subsequent Addendum. Page 2 Ordinance No. 978 SECTION 2. That in accordance with Chapter 17.99.100 of the zoning Ordinance, the findings by the city of Lake Elsinore for approval of specific Plans have been made as follows: l. -- -- I i _:..~ 2. The Laguna Heights Specific Plan meets the City's specific Plan criteria for content and required implementation of the General Plan established by section 65450 et sea. of the California Government Code and section 17.99 of the City of Lake Elsinore Municipal Code. This Amendment to the Laguna Heights Specific Plan is consistent with the Goals, Policies and Objectives of the General Plan and with any other applicable plans or policies adopted by the City. 3. The Development Regulations contained within the Specific Plan and its Amendment supersede otherwise applicable City ordinances and codes, unless specifically stated to the contrary in the specific Plan. Approval of the Specific Plan shall not be interpreted as waiving compliance with other Federal or State laws or City Codes. 4. This request will not result in any further significant environmental impacts. All environmental impacts have been addressed by EIR 92-1 (certified on September 14, 1993 and its subsequent Addendum. .r 5. The proposed location of the project allows certain aspects of the development to be well-integrated with its surroundings and other areas to be adequately buffered. (<<'- I I ! I, 6. All. vehicular traffic generated by the development, either in phased increments or at full build-out, will be accommodated safely and without causing undue congestion upon adjoining streets. 7. Except as limited by State law, including SB 1287, the Specific Plan identifies methodologies to allow land use to be adequately serviced by existing or proposed public facilities and services. 8. The overall design of the Specific Plan will produce an attractive, efficient and stable development. 9. The proposed project will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working within the project area or within the City, nor will it be injurious to property or improvements in the project area or within the city. section 3: This Ordinance shall take effect thirty (30) days after the date of its passage. The city Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. r...."::,. i - i I I , ~ PASSED, UPON FIRST READING this 26th day of April 1994, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: WASHBURN, WINKLER :~ Page 3 Ordinance No. 978 PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10th day of May 1994, by the following vote: ...-, AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: WASHBURN, WINKLER 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 Urgency Ordinance was read for adoption April 26, 1994, and passed on May 10, 1994, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ( ABSTAIN: COUNCILMEMBERS: WASHBURN, WINKLER ~ ~ r~l~oJ VI~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. 978 of said Council, and that the same has not been amended or repealed. DATED: l1ay 16, 1994 \1 ^ J~ () _.Y , Uc&~~ VI~KI KASAD, CITY CLERK CITY OF LAYE ELSINORE (SEAL) ORDINANCE NO. 979 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PREZONING 212 ACRES TO RURAL RESIDENTIAL AND RESIDENTIAL AGRICULTURAL (ZONE CHANGE 93-5) LOCATED ROUGHLY WEST OF GRAND AVENUE, NORTH AND SOUTH OF AMOROSE STREET AND TOFT DRIVE: CITY OF LAKE ELSINORE .........., THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION This zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: Assessor's Parcel Numbers: 387-030-009; 387-270- 032, 033 & 037; 387-371- 001-006; 387- 372- 001-007; 387-380- 001 & 002; 387-390- 001 & 002; 387- 400- 001-006, 008-014 & 016; 387-410- 007-017; 387-420- 003, 004, 006, 007 & 009; 387-430- 002-015 & 020-022; 387-441- 001-025; 387-442- 001-015; and 387-443- 001-014 - to Rural Residential (R-R) and Residential Agricultural (R-A) on approximately 212 acres, as illustrated in Exhibit "B" attached hereto, and the said real property shall hereafter be subject to the provisions and regulations of the Zoning Ordinance relating to property located within such R-R and R-A zoning District. Approval is based on the following: 1. This project is consistent with the Goals, Policies and Objectives of the General Plan. 2. This zone change establishes the necessary pre-zoning for this site. 4. This request significant environment. will adverse not result impacts in on any the SECTION TWO: This Ordinance shall become effective as provided by law. - INTRODUCED AND APPROVED UPON FIRST READING this 26th day of April 1994, upon the following vote: AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: CHERVENY, WINKLER Page 2 Ordinance No. 9L~ PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10th day ~ of May 1994, upon the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: - ~TES.T : () (\ ( \ - \ \: . ~~.(. Vicki Lynn City of La X~j Kasad, City Clerk e El::;inore ( SEAL) APPROVED AS TO FORM AND LEGALITY: - ALONGI, DOMINGUEZ, WASHBURN NONE NONE CHERVENY, WINKLER ~ Y M. Washburn, Mayor C ty 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 Urgency Ordinance was read for adoption April 26, 1994, and passed on May 10, 1994, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE (r ( ABSTAI.. N: ~,') \ ~ ~Jj)j~f),J), VICKI SAD, CITY CLERK CITY OF LAKE ELSINORE COUNCILMEMBERS: CHERVENY, WINKLER - (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. 979 of said Council, and that the same has not been amended or repealed. DATED: May 16, 1994 1\ '\ \ ~ 1 '~ .~~ VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 980 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 5.28.060 OF THE MUNICIPAL CODE REGARDING FEES FOR CARD ROOMS, AND RESCINDING ORDINANCE #969 ~."': "''''.;i~''\ ,r\' WHEREAS, the City Council of the City of Lake Elsinore desire to amend Chapter 5.28 of the Municipal Code and revise the fees associated with the operation of any card rooms within the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY , t~" , <".., OF LAKE ELSINORE, as follows: section 1. That the foregoing recital is true and correct. section 2. That Chapter 5.28 of the Municipal Code regarding card rooms is hereby amended as follows: section 3. The following sections of the Municipal Code shall effect until amended or repealed by action remain in full force and of the City Council: 1. 5.28.010 2 . 5.28.020 3 . 5.28.050 4. 5.28.070 5. 5.28.110 6. 5.28.120 7. 5.28.130 8. 5.28.140 9. 5.28.150 10. 5.28.160 1l. 5.28.170 12. 5.28.180 13. 5.28.190 14. 5.28.200 15. 5.28.210 16. 5.28.220 17. 5.28.230 .- -.--. PAGE TWO - ORDINANCE NO. 980 18. 5.28.240 19. 5.28.250 ~~~::.,.;., 20. 5.28.260 Section 4. That the following section shall read as - follows: section 5.28.060 Fees. The following fees shall be paid by the applicant to the City as follows: A. An application fee in the amount of Five Thousand Five Hundred Dollars ($5,500.00) shall be paid by the applicant to the Administrative Services Director upon the filing of any application (which is to be used to defray the costs of a complete investigation of the applicant and of all other matters contained in the application and shall not be returned to th.e applicant whether said license or permit is granted or denied. - B. Effective 12/31/93, a quarterly license fee of Two Thousand Two Hundred Fifty Dollars ($2,250) plus Seventy Five Dollars ($75.00) for each gaming table in excess of the minimum number of tables as set forth in Section 5.28.140, said license fee to be paid in advance for each calendar quarter no later than the fifteenth day of the first month of that quarter. C. A quarterly permit fee in addition to the fees in paragraphs A and B above based upon a percentage of gross receipts according to the schedule set forth below, with a minimum of Two Thousand Two Hundred Fifty Dollars ($2,250), said fee to be paid by the fifteenth day of the month following the end of the calendar quarter. The quarterly permit fee will be 1% of gross revenue not to exceed the amount listed on the quarterly permit fee schedule. D. Permit Fee Schedule per quarter effective 12/31/93: GROSS REVENUE $2,000,000 - $3,000,000 $3,000,000 - $4,000,000 $4,000,000 - $5,000,000 $5,000,000 - and over $ 6,000 + $ 36,000 + $ 71,000 + $111,000 + 3.0% 3.5% 4.0% 5.0% of of of of excess excess excess excess over over over over $2,000,000 $3,000,000 $4,000,000 $5,000,000 PAGE THREE - ORDINANCE NO. 980 E. Quarterly License Fee, Table Fee, and Permit Fees will become effective, as follows for holder of li~~~~<i~:on ":;~~:~"+ 12/31/93: Type of Fee Quarterly License Fee Additional Tables Quarterly Permit Fee Eff. Date 12/31/94 Eff. Date 12/31/96 $4,000 @ $ 300 $4,500 Eff. Date 12/31/98 $5,000 @ $ 400 $6,000 - 30 Tables $3,000 @ $ 200 $3,300 F. Any license authorized and issued by the City Council after 1/1/94 will pay the quarterly fee identified as Eff. 12/31/98. G. (ticense and permit fees acquired prior to any quarterly date as referred to above, shall be prorated to the nearest quarterly payment date and thereafter such renewals shall be made in strict compliance with the provisions of this chapter. INTRODUCED AND ADOPTED UPON FIRST READING this 26th - day of April, 1994 and effective 12/31/94, by the following roll call vote: NOES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER WASHBURN COUNCILMEMBERS: NONE AYES: ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this 26th day of April, 1994, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER WASHBURN COUNCILMEMBERS:NONE NOES: ABSENT: COUNCILMEMBERS:NONE ABSTAIN: COUNCILMEMBERS:NONE 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 for adoption April 26, 1994, and passed on April 26, 1994, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ~ - \. VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE ABSTAIN: '\ i COUNCILMEMBERS: 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. 980 of said Council, and that the same has not been amended or repealed. DATED: May 9, 1994 n\~l\'~ / ~AD,~~ERK CITY OF LAKE ELSINORE - ( SEAL) o (- - C'- o 'ORDINANCE NO. ~ l An Ordinance of the, city of Lake Elsinore, California, adding section 8.40.050 Lake Elsinore Annual Pass progra~ and 8.~0:060 Private Property Boat Launch Program to the Lake Els1nore Mun1c1pal Code Chapter 8.40 "Parks and Beaches. The City Council of the City of Lake Elsinore, California does ordain as follows; section One The Lake Elsinore Municipal Code will Read as follows: "section 8.40.050 Lake Elsinore Annual Pass proaram There is hereby establish an Annual Pass Program to be included in the operation of the City's Lake Elsinore Regional Recreation Area. A. General PUblic Members of the general public may purchase an annual "Lake Use Pass" which allows unlimited use of Lake Elsinore without having to purchase a daily pass each time a vessel is launched into the lake. The cost of the pass shall be established annually and shall be valid for one calendar year, January 1st through December 31st of the year purchased. The pass (sticker) shall be affixed to the vessel, within four inches (4") of the vessel's C.F. numbers (port side). The holder of the pass shall be required to pay the necessary launch fees to the private launch ramp owners until the City constructs a permanent public launch facility. I B. Private ProDerty Owners (Lakefront Property) , Any property owner who physically own parcels abutting to Elsinore shall be entitled to purchase up to four (4) annual front use passes for vessels owned by said property owner. pass shall permit unlimited lake-use and launching from property owner's approved site. These passes shall be valid for one calendar year, from January 1st through December 31st of the year purchased. As a condition of purchasing an annual pass, property owners who are eligible, must comply with the Private Boat Launch Program. Lake lake Said said Section Two Section 8.40.060 of the Lake Elsinore Municipal Code will read as follows: section 8.40.060 Private ProDertv Boat Launch proaram a. Only private properties physically abutting Lake Elsinore and contiguous wi th the City of Lake Elsinore ci ty Recreation area water front subject to these provisions. b. The legal ability to launch vessels pursuant to this section is available only to the owners of record or tenants of said real property. The provisions hereof are applicable both when the waters of Lake Elsinore are physically in contact with the private property and when the Lake has receded off of said property. Individuals wi th property held in common interest or by similar homeowners Association must be in good standing with any such associations and must have their name appearing on the most recent membership list filed with the City by such association in order to obtain a lake and launch use pass. '''"''''~ .-:;~ c. This section does not apply to any form of commercial lake use ventures. In addition, this exclusion also applies to any and all organizations, clubs or partnerships formed after this agreement. To the extent that any such organizations, clubs, or partnerships are formed, the City shall have the right to determine the applicability of this section, and further to determine allowable services (launching, marina and docks) of any new development within the city. d. The maximum number of vessels permitted to safely utilize the Lake at any given time shall be 1200. o e. All vessels utilizing the Lake shall be required to obtain a Use Pass before such use. Use passes are not transferable to any other vessel owners. f. Lake Front Use Pass: These pass holders shall be issued vessel identification tags which shall be affixed to the holder vessel(s). (1) Lake Front Use Pass applicants must provide the City with the following: a. Grant deed or other document proving ownership; tenants verification of tenancy through - personal appearance and signature verification of tenancy by property owner at City offices or notarized statement from property owner and/or address and phone number and two month utility bills, all with the same name. - b. Registration paper(s) of vessel (s) . (same name or verified by property owner) c. Picture identification. (2) The cost of a Lake Front Use Pass shall be established annually by the City. (3) The holder of a Lake Front Use Pass is authorized overnight off-shore anchoring, beaching, mooring, docking, launching and delaunching only at their approved launch site. g. Private property owners subject to these provisions which have private docks, piers or launch ramps are required to post such as private and maintain them as such. h. Reasonable sanitary facilities must be available (i.e. residence, R.V. or portable toilet) for the authorized users of said private docks, piers and launch ramps. i. Only holder of a Lake Front Use Pass are permitted to launch from private property. All other vessels must launch from authorized public or commercial launching facilities. j. The Lake Front Use Pass of any holder thereof who willfully refuses to comply or is found to reqularly disregard the provisions of, or, is utilizing the Lake Front Use Pass for commercial purposes, shall be revoked. k. Nothing in these provisions is intended to prohibit the enforcement of regulations which protect the health and safety of recreational lake users. If any provision of this understanding is held by a court to be invalid or unenforceable, the remaining portions shall nevertheless continue in full force. o o - C. - Section Three This ordinance shall become effective as provided by law. Introduced and approved upon First Reading this 10th day of May, 1994, upon the following roll call vote; Ayes: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUE Z , WINKLER, WASHBURN Noes: COUNCILMEMBERS: NONE Absent: COUNCILMEMBERS: NONE Abstain: COUNCILMEMBERS: NONE Passed, Approved, and Adopted this the following roll call vote; 24th day of May, 1994, upon Ayes: COUNCILMEMBERS: ALONGI, CHERVENY, VOMINGUEZ, WINKLER COUNCILMEMBERS: NONE COUNCILMEMBERS: WASHBURN COUNCILMEMBERS: NONE Noes: Absent: Abstain: ~ IViC~i 'Lk~Clerk (Seal) Approved as to form and legality: torney o C:\021694.ORD 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 for adoption on May 10, 1994, and passed on May 24, 1994, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN 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. 981 of said Council, and that the same has not been amended or repealed. DATED: May 27, 1994 ~w VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE ( SEAL) - ORDINANCE NO. 982 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING ORDINANCE NO. 952 (SECTION 17.11.050 OF THE LAKE ELSINORE MUNICIPAL CODE) WHEREAS, the city of Lake Elsinore has heretofore established a "Historic Downtown Elsinore" Overlay District with certain general guidelines as more particularly set forth in Chapter 17.11 of the Municipal Code; and -... i WHEREAS, at a special City Council/Redevelopment Agency meeting held on February 15, 1994, the Council expressed interest in initiating consideration proceedings to transfer the Design Review Committee responsibilities to the Planning Commission. WHEREAS, on March 22, 1994, city Council adopted Resolution of Intention No. 94-19 to initiate proceedings to allow the Planning Commission and the City Council to consider the amendment of section 17.11.050 of the Lake Elsinore Municipal Code (Ordinance No. 952 adopted April 27, 1993) to change the membership of the Design Review Committee to that of the Planning Commission. WHEREAS, the city Council acknowledges the fine work of the existing Design Review Committee nonetheless due to the stricter requirements of the Brown Act, the amendment to the Municipal Code may be considered to be a more efficient approach of aChieving the goals of the "Historic Downtown Elsinore" Overlay District and for better compliance with the Brown Act. NOW, THEREFORE, IT IS HEREBY ORDAINED AS FOLLOWS: section 17.11.050 is hereby amended to read as follows: 17.11. 050 Desiqn Review Committee. In order to _ accomplish the goals and objectives of the Design Standards, a Design Review Committee (DRC) shall be established. Said Committee shall be five (5) members made up of the same members of the Planning Commission acting as a separate committee. INTRODUCED AND APPROVED UPON FIRST READING this 24th of May, 1994, upon the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WASHBURN ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 14th day of June 1994, upon the following vote: AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: CHE1f:NY NON~ Y M. Washburn, Mayor y of Lake Elsinore ABSENT: COUNCILMEMBERS: - (- ~~El t J 2J~ t ~O~ Vicki Lynne ~asad, City lerk 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 for adoption on May 24, 1994, and passed on June 14, 1994, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CHERVENY / ABSTAIN: COUNCILMEMBERS: NONE 0~~SY~ERK 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. 982 of said Council, and that the same has not been amended or repealed. DATED: June 17, 1994 V~~J;dLERK CITY OF LAKE ELSINORE ( SEA!'.) - , , ORDINANCE NO. 983 AN ORDINANCE OF THE CITY OF LAKE ELSINORE RELATING TO THE SOLICITATION OF EMPLOYMENT, BUSINESS OR CONTRIBUTIONS OF MONEY OR OTHER PROPERTY WITHIN THE CITY. WHEREAS, solicitation of vehicles from the public right of way and commercial parking facilities adjacent to streets and thoroughfares within the City presents a significant safety concern; and WHEREAS, it is in the public interest to restrict such solicitation in order to avoid potential damage to person or property; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: .( 1 I, ' Seefibn 1. Title 10 of the Lake Elsinore Municipal Code is hereby amended by amending Chapter 10.72 Vehicle Solicitation to read: - 10.72.010 Defmitions. For the purposes of Sections 10.72.020 and 10.72.030 the following meanings shall apply: (a) "Solicit" shall mean and include any request, offer, enticement, or action which announces the availability for or of employment, the sale of goods, or other request for funds: or any request, offer, enticement or action which seeks to purchase or secure goods or employment, or to make a contribution of money or other property. As defined herein, a solicitation shall be deemed complete when made whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money takes place. (b) "Employment" shall mean and include services, industry or labor performed by a person for wages or other compensation or under any contract of hire, written, oral, express or implied. " " 10.72.020 Prohibition of Solicitation in Public Right of Way. (a) It shall be unlawful for any person, while standing in any portion of the public right of way, including but not limited to public streets, highways, sidewalks and driveways, to solicit, or attempt to solicit, employment, business or contributions of money or other property from any person traveling in a vehicle along a public right of way, including, but not limited to public streets, highways or driveways. (b) It shall be unlawful for any person, while the occupant of any vehicle, to solicit, or attempt to solicit employment, business, or contributions of money or other property from a person who is within the public right of way, including but not limited to a public street, highway or driveway. 10.72.030 Prohibition of Solicitation in Unauthorized Locations Within Commercial Parking Areas. (a) No person shall solicit or attempt to solicit, employment, business or contributions of money or other property, from a location within a commercial parking area other than an area within or served by such parking area which is authorized by the property owner or the property owner's authorized representative for such solicitations. This section shall not apply to solicitation to perform employment or business for the owner or lawful tenants of the subject premises. ' (b) For purposes of this Section, "commercial parking area" shall mean privately, owned property which is designed or used primarily for the parking of vehicles and which adjoins one or more commercial establishments. ! .~ ~ (c) ,1,1 This Section shall only apply to commercial parking areas where the following occurs: " (i) The owner or person in lawful possession of the commercial parking area establishes a written policy which provides area(s) for the lawful solicitation of employment, business, or contributions of money or other property, in locations which are accessible to the public and do not interfere with normal business operations of the commercial premises; (ii) A copy of said policy is submitted to the City Manager to be maintained in City files; and, (ill) The owner or person in lawful possession of the commercial parking area has caused a notice to be posted in a conspicuous place at each entrance to such commercial parking area not less than eighteen by twenty-four inches in size with lettering not less than one inch in height and not to exceed in total area, six square feet. The notice shall be in substantially the following form: 2 hIt is a misdemeanor to engage in the solicitation of employment, business or contributions of money or other property in areas of this commercial parking lot which are not approved for such activity by the property owner." [- Section 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of nay court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Lake Elsinore hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that anyone or more section, subsection, sentence, clause, phrase or portion may be declared invalid or unconstitutional. INTRODUCED AND PASSED UPON FIRST READING this 24th day of May, 1994, by the following roll call vote: NOES: COUNCILMEMBERS: ALONGI, CHERVENY, VOMINGUEZ, WINKLER COUNCILMEMBERS: NONE AYES: ABSENT: COUNCILMEMBERS : WASHBURN ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this 14th day of June 1994, by the following roll call vote: NOES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN COUNCILMEMBERS: NONE AYES: ABSENT: COUNCILMEMBERS: CHERVENY - ABSTAIN: COUNCILMEMBERS: NONE ~EST_ :~ ~ 1-1,1 ~ :' ~ _ ....' lJ.I.:' " VICKI L YNNB SAD, CITY CLERK CITY OF LAK-B ELSINORE ( J S TO FORM: - 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) - I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on May 24, 1994, and passed on June 14, 1994, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CHERVENY i~G: VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE COUNCILMEMBERS: 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. 983 of said Council, and that the same has not been amended or repealed. DATED: June 17, 1994 (i(~U VCKI KASAD, CITY CLERK CITY OFI~AKE ELSINORE ( SEAL) - ORDINANCE NO. 984 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING CHAPTER 17 BY DELETING SUB-SECTION 78.090 D MOTORBOAT; AND ADDING SUB-SECTION 200 MOTORBOAT NOISE TO 9.96 BOATING REGULATIONS. "- WHEREAS, on April 12, 1994, the city of Lake Elsinore Adopted Ordinance No. 957, Boating Regulations; and WHEREAS, Ordinance No. 957, Boating Regulations did not include Motorboat Noise regulations; and WHEREAS, Title 17, includes a section regulating Motorboat Noise levels; NOW, THEREFORE, the City of Lake Elsinore does ordain that Title 17 be amended by deleting Sub-Section; 17.78.090-D Motorboats: Operating or permitting the operation of any motorboat in any Lake, river, stream or other waterway in such a manner as to cause a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of Section 17.78.060A; and Title 9 be amended by adding subsection: 9.96.200 Motorboat Noise: Operating or permitting the operation of any motorboat in Lake Elsinore in such manner as to cause a noise disturbapce across a residential or commercial real property line or at a~y time to violate the provision of Section 17.78. 060A "Exterior Noise Limits". INTRODUCED AND PASSED UPON FIRST READING this of MAY , 1994, upon the following roll call vote: 24TH day NOES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER NONE WASHBURN NONE AYES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: PASSED, APPROVED AND ADOPTED UPON SECOND READING this 14th day of June , 1994, upon the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CHERVENY ABSTAIN: COUNCILMEMBERS: NONE 2ri~.:W VICKI KASA , CITY CLERK APPROVED AS TO FORM & LEGALITY: - JOHN 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 foregoing Ordinance was read for adoption on May 24, 1994, and passed on June 14, 1994, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CHERVENY r- ABSTAIN: COUNCILMEMBERS: NONE V~~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. 984 of said Council, and that the same has not been amended or repealed. DATED: June 17, 1994 ~~AD~ERK CITY OF.LAKE ELSINORE (SEAL) - ORDINANCE NO. 985 AN ORDINANCE OF THE CITY OF LAKE ELSINORE APPROVING A PUBLIC LEASEBACK - WHEREAS, the City of Lake Elsinore (the .iCity") is considering entering into a lease agreement (the" Agreement) with the Lake Elsinore Public Financing Authority (the" Authority") pursuant to which the City will make lease payments in connection with the refinancing of the Authority's $9,250,0001993 Series B Senior and Subordinate Taxable Tax Allocation Revenue Notes (Lake Elsinore Redevelopment Projects); WHEREAS, said lease payments will be used in whole or in part by the Authority for payment of principal of or interest on its bonds, notes or other evidences of indebtedness; 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 City desires to so approve the act of entering into the Agreement; 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, 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. Section 4. Effective Date. This Ordinance shall become effective 30 days from the date of adoption hereof. - PASSED UPON FIRST READING this 12th day of July, 1994, upon the following roll call vote: AYES: COUNCILMEMBERS: BENDER, PAPE, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: CHERVENY ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26TH day of AYES: JULY , 1994, upon the following roll call vote: COUNCILMEMBERS: BENDER, PAPE, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: CHERVENY ABSTAIN: COUNCILMEMBERS: N NE hUJ~ ' - ~:~~ VICKI KASAD, CITY CLERK APPROVED AS TO FORM & 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 for adoption on July 12, 1994, and passed on July 26, 1994, by the following roll call vote: AYES: COUNCILMEMBERS: BENDER, PAPE, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: CHERVENY r ABS,TAIN: ~u VICKI KASkD, CITY CLERK CITY OF LAKE ELSINORE COUNCILMEMBERS: 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. 985 of said Council, and that the same has not been amended or repealed. ~~ July 29, 1994 VICKI K~S~D, CITY CLERK CITY OF LAKE ELSINORE ( SEAl..) ORDINANCE NO. 986 :. AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING CHAPTER 9 BY DELETING SUB-SECTION 9.96.140 - F - HOVERCRAFT ..." - WHEREAS, On April 12, 1994, the City of Lake Elsinore adopted Ordinance No. 957 Boating Regulationsj and WHEREAS, Ordinance No. 957, Boating Regulations, prohibited the use of Hovercraft or other types of vehicles that are capable of low level flight over land and water...j NOW, THEREFORE, THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: That Title 9 be amended by deleting sub-section 9.96./140 - F Hovercraft or other types of vehicles that are capable of low level flight over land or water on a cushion of air formed by downward direction of air, are not permitted. INTRODUCED AND PASSED UPON FIRST READING this 13th day of September, 1994 upon the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, BENDER, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE '- ABSENT: COUNCILMEMBERS: VACANT ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this 27TH day of SEPTEMBER , 1994, upon the following roll call vote: AYES: COUNCILMEMBERS: BENDER, BRINLEY, PAPE, WASHBURN ABSENT: COUNCILMEMBERS: NONE COUNCILMEMBERS: ALONGI NOES: ABSTAIN: COUNCILMEMBERS: ATTEST: ~JL ,- 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 for adoption on September 13, 1994, and passed on September 27, 1994, by the following roll call vote: AYES: COUNCILMEMBERS: BENDER, BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI ( ABSTAIN: COUNCILMEMBERS: NONE 0-n.U V~;3AD, CITY CLERK CITY OF LAKE EI.SINORE (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. 986 of said Council, and that the same has not been amended or repealed. DATED: September 28, 1994 ( ~~u VICKI KASAry, CITY CLERK CITY OF LAKE ELSINORE (SEAL) - ORDINANCE NO. 987 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING THE REDEVELOPMENT PLANS FOR THE LAKE ELSINORE REDEVELOPMENT AGENCY IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 33333.6 - WHEREAS, the Lake Elsinore Redevelopment Agency (the "Agency") is a public body, corporate and politic, organized and existing under the Redevelopment Law of the State of California (Part 1 of Division 24 of the Health and Safety Code of the State of California); and WHEREAS, effective on September, 1980, April, 1983 and April, 1987, the City Council of the City of Lake Elsinore has adopted the Redevelopment Plan Areas I, II and III, respectively; and WHEREAS, Assembly Bill 1290, which was enacted by the State of California and became effective on January 1, 1994, amended Section 33333.6 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq., (the "Community Redevelopment Law"; (unless otherwise expressly set forth or unless the context otherwise requires, all references to "Section" are Section(s) of the Community Redevelopment Law) and required, in part, that redevelopment agencies impose new time limitations upon redevelopment plans adopted prior to December 31, 1993, and further required that legislative bodies of redevelopment agencies to enact ordinances amending redevelopment plans adopted prior to January 1, 1994, to comply therewith; and - WHEREAS, Section 33333.6(a)(I) of the Community Redevelopment Law provides: "The time limit on the establishing of loans, advances, and indebtedness adopted pursuant to paragraph (2) of subdivision (a) of Section 33333.2 or paragraph (2) of subdivision (a) of Section 2004, whichever is later, but does not prevent agencies from incurring debt to be paid from the Low and Moderate Income Housing Fund or establishing more debt in order to fulfill the agency's housing obligations under Section 33413."; and WHEREAS, Section 33333.6(a)(2) provides: "The time limitation may be extended, only by amendment of the redevelopment plan, after the agency finds, based on substantial evidence that: (A) significant blight remains within the project area; and (B) this blight cannot be eliminated without the establishment of additional debt. However, this amended time limitation may not exceed 10 years from the time limit established pursuant to this subdivision or the time limit on the effectiveness of the plan established pursuant to subdivision (b), whichever is earlier. "; and - WHEREAS, Section 33333.6(b) provides: "The effectiveness of every redevelopment plan subject to the provisions of Section 33333.6 shall terminate at a date which shall not exceed 40 years from the adoption of the redevelopment plan or January 1, 2009, whichever is later. After the time limit on the effectiveness of the redevelopment plan, the agency shall have no authority to act pursuant to the redevelopment plan except to pay previously incurred indebtedness and to enforce existing covenants, contracts, or other obligations. "; and - WHEREAS, Section 33333.6(c) provides that except as provided in subdivisions(g) and (h), a redevelopment agency shall not pay indebtedness or receive property taxes pursuant to Section 33670 after 10 years from the termination of the effectiveness of the redevelopment plan pursuant to subdivision(b); and WHEREAS, Section 33333.6(e)(1) provides that unless a redevelopment plan adopted prior to January 1, 1994, contains all of the limitations required by this section and each of these limitations does not exceed the applicable time limits established by this section, the legislative body, acting by ordinance on or before December 31, 1994, shall amend every redevelopment plan adopted prior to January 1, 1994, either to amend an existing time limit that exceeds the applicable time limit established by this section or to establish time limits that do not exceed the provisions of subdivision (a), (b), and (c); and WHEREAS, Section 33333.6 (e)(2) provides that the limitations established in the ordinance adopted pursuant to this section shall apply to the redevelopment plan as if the redevelopment plan had been amended to include those limitations. However, in adopting the ordinance required by this section, neither the legislative body nor the agency is required to comply with Article 12 (commencing with Section 33450) or any other provisions of this part relating to the amendment of this limitation; and - WHEREAS, Section 33333.6(f)(1) provides that if a redevelopment plan adopted prior to January 1, 1994, contains one or more limitations required by this section, and the limitation does not exceed the applicable time limit required by this section, this section shall not be construed to require an amendment of limitation; and WHEREAS, Section 33333.6(f)(2) provides that a redevelopment plan adopted prior to January 1, 1994, that has a limitation shorter than the terms provided in this section may be amended to extend the limitation, within the applicable time limit established by this section, pursuant to Section 33354.6; and WHEREAS, Section 33333. 6(g) provides: "The limitations established in the ordinance 2 - - adopted pursuant to this. section shall not be applied to limit allocation of taxes to an agency to the extent required to eliminate project deficits created under subdivision (e) of Section 33320.5, subdivision (g) of Section 33334.6, or subdivision (d) of Section 33487, in accordance with the plan adopted pursuant thereto for the purpose of eliminating the deficits or to implement a replace housing program pursuant to Section 33413. In the event of a conflict between these limitations and obligations under Section 33334.6 or to implement a replacement housing program pursuant to Section 33413, the legislative body shall amend the ordinance adopted pursuant to this section to modify the limitations to the extent necessary to permit compliance with the plan adopted pursuant to subdivision (g) of Section 33334.6 and to allow full expenditure of moneys in the agency's Low and Moderate Income Housing Fund in accordance with Section 33334.3 or to permit implementation of the replacement housing program pursuant to Section 334113. The procedure for amending the ordinance pursuant to this subdivision shall be the same as for adopting the ordinance under subdivision (e). "; and WHEREAS, Section 33333.6(h) provides: "This section shall not be construed to affect the validity of any bond, or other obligation, including any mitigation agreement entered into pursuant to Section 33401, authorized by the legislative body, or the agency pursuant to this part, prior to January 1, 1994. Nor shall this section be construed to affect the right of an agency to receive property taxes, pursuant to Section 33670, to pay the indebtedness or other obligation. "; and - WHEREAS, Section 33333.60) provides that the Legislative finds and declares that the amendments made to this section by the act that adds this subdivision are intended to add limitations to the law on and after January 1, 1994, and are not intended to change or express legislative intent with respect to the law prior to that date, and further that it is not the intent of the Legislative to affect the merits of any litigation regarding the ability of a redevelopment agency to sell bonds for a term that exceeds the limit of a redevelopment plan pursuant to law that existed prior to January 1, 1994; and WHEREAS, the Plan as previously adopted by the Agency currently contains certain time limitations which may not accord with those time limitations required by Section 33333.6; and WHEREAS, The City of Lake Elsinore (the "City") is adopting this ordinance to amend certain time limitations of the Plan, as more particularly provide below, to comply with the time limitations pursuant to Section 33333.6. NOW THEREFORE, the City of Lake Elsinore does ordain as follows: 3 Section 1. Except to the extent a longer period of time may be allowed pursuant to Section 33333.6 or other provisions of the Community Redevelopment Law, the time limitation to incur indebtedness under the Redevelopment Plan as follows: Project Area I: 1/1/2004; Project Area II: 1/1/2004; Project Area III: 4/1/2007. - Section 2. The time limitation to receive property taxes to pay indebtedness or to receive property taxes pursuant to Section 33670 is as follows: Project I: 9/1/30; Project Area II: 4/11/33; and Project Area III: 4/1/37, (ten years from the date of the respective termination dates), except to the extent a longer period of time may be allowed pursuant to Section 33333.6 or other provisions for the Community Redevelopment Law. Section 3. Except to the extent a longer period of time may be allowed pursuant to Section 33333.6 or other provisions of the Community Redevelopment Law, the time limitation as to the effectiveness of the Redevelopment Plans shall be as follows: Project Area I: 9/1/20; Project Area II: 4/1/23; and Project Area III: 4/1/27. Section 4. No action with respect to the time limitation set forth in Section 33333.6 (a)(2) is being taken at this time but the right to consider extension of the time limitation is being reserved. Section 5. The City Council finds and determines amendments to the Plan as adopted by this ordinance are in compliance with the time limitations set forth in 33333.6. - Section 6. The Plan shall remain in full force and effect, unmodified except to the extent of those particular amendments expressly set forth in this Ordinance. Section 7. The City Clerk is hereby authorized and directed to certify to the passage of this ordinance to and to cause the same to be published in a newspaper of general circulation which is published and circulated in the City of Lake Elsinore. Section 8. passage. This Ordinance shall be in full force and effect thirty (30) days after 4 - INTRODUCED AND PASSED UPON FIRST READING this 8th day of November, 1994, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22nd day of November, 1994, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE - ATTEST: r ! CLERK }~PROVED AS TO FORM & LEGALITY: TORNEY ~e 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 for adoption on November 8, 1994, and passed on November 22, 1994, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE __( ABSTAIN: 7J .~ 1 J VI~Ab(,~~y CLERK CITY OF LAKE ELSINORE COUNCILMEMBERS: NONE (SEAL) - STA~E OF CdLIFORNIA ) 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. 987 of said Council, and that the same has not been amended or repealed. DA1ED: November 28, 1994 ~oUJ VICKI KARAD, Cl TY CLERK CITY C.'~' LAKE ELf.INORE (SEAL) - ORDINANCE NO. 988 Number not adopted '- ORDINANCE NO. 989 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 15.36 OF THE LAKE ELSINORE MUNICIPAL CODE RELATING TO SWIMMING POOL, SPA AND HOT TUB CODES. - NOW, THEREFORE, THE CITY COUNCYL OF THE CITY OF LAKE ELSINORE DOES ORDAIN JtNL ESTABrlSH SECTIONS 15.36.030 THROUGH 15.36.050 AS FOLLOWS: 15.36.030 GENERAL PROVISIONS The provisions of this section apply to the design and construction of barriers for swimming pools, spas and hot tubs provided for the use by no more than three families and their guests. - 15.36.040 DEFINITIONS 1. ABOVEGROUND/ON-GROUND POOL. See definition of swimming pool. 2. BARRIER is a fence, wall, building wall, safety cover complying with ASTM Standard F 1346-91 or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool, spa or hot tub. When approved by the enforcement agency, barriers may also incorporate natural or manmade features, such as topography, waterways, restricted areas and similar features including geographically isolated areas which provide an effective access barrier to the pool area. 3. GRADE is the underlying surface such as earth or a walking surface. 4. HOT TUB. See definition of spa. 5. IN-GROUND POOL. See definition of swimming pool. 6. - SEPARATION FENCE is a barrier which separates all doors of a dwelling unit or building accessory thereto with direct access to a swimming pool, spa, or hot tub from that swimming pool, spa or hot tub. 7. SPA is a structure intended for recreational bathing, designed to contain water over 18 inches (457mm) deep and outside dimensions not exceeding 160 square feet (14.72 sq. meters). 8. SWIMMING POOL, is any structure intended for swimming or recreational bathing that is designed to contain water over 18 inches (457mm) deep. This includes in-ground, above-ground and on-ground swimming pools and fixed-in- place wading pools, and excludes spas. PAGE TWO ORDINANCE NO. 989 9. SWIMMING POOL, OUTDOOR, is any swimming pool which is totally outside and residential structure. 15.36.050 REQUIREMENTS - An outdoor swimming pool, hot tub, or spa shall be provided with a barrier. With respect to the installation or construction of an outdoor swimming pool, spa or hot tub, the enforcement agency may require, either prior to plastering or filling with water, that the barrier be installed, inspected and approved. Outdoor swimming pools with electrically operated or manual tracking safety covers that comply with the American Society for Testing Materials Standard F 1346-91 shall not be required to provide other barriers. When electrically operated safety covers are provided, the control for the pool cover shall be mounted at least 54 inches above grade. When barriers are required, the barrier shall comply with the following: - - 1. The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier shall be- 2 inches measured on the side of the barrier which faces away from the swimming pool. The maximum vertical clearance at the bottom of the barrier may be increased to 4 inches when grade is a solid surface impenetrable by a child such as a concrete deck. Where the barrier is mounted on top of the above ground pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches. When barriers have horizontal members, the tops of which are spaced less than 45 inches apart, (1) the horizontal members shall be placed on the pool side of the barrier and (2) spacing between vertical members shall not exceed 1 1/4 inches in width. Any decorative design work on the side away from the swimming pool, such as protrusions, indentations or cutouts, which render the barrier easily climbable, is prohibited. EXCEPTIONS: 1. for fencing composed of vertical and horizontal members, the spacing between vertical members may be increased up to 4 inches when the distance between the tops of horizontal members is 45 inches or more. 2. Existing fences surrounding property at pool area, which are at least 60 inches above grade, measured on the side of the barrier which faces away from the swimming pool, has a maximum vertical clearance between grade and the bottom of the barrier of 2 inches and has no openings that will allow the passage of a 4-inch- diameter sphere are permitted. PAGE THREE ORDINANCE NO. 989 2. - When chain link fences are used as the barrier, openings shall not exceed 1 1/4 inch square, unless the fence is provided with slats fastened at the top or the bottom, and the wire size shall not be smaller than 11 gage. 3. Access gates shall comply with the requirements of items 1 and 2 and shall be equipped to accommodate a locking device. Separation fence gates shall open outward away from the pool and shall be self-closing and have a self-latching device. Gates other than separation fence gates are only required to have a self-latching device. Where the release mechanism of the self-latching device is located less than 54 inches from grade, (1) the release mechanism shall be located on the pool side of the barrier at least 3 inches below the top of the gate and (2) the gate and barrier shall have no opening greater than 1/2 inch within 18 inches of the release mechanism. Any gates other than pedestrian access gates shall be equipped with lockable hardware or padlocks and shall remain locked at all times when not in use. 4. Where a wall of a dwelling or buildings accessory to the dwelling serves as part of the barrier, and contains door openings providing direct access to the pool, those door openings shall be protected by one of the following means: - A. A self-closing and self-latching device installed on all doors with the release mechanism located a minimum of 54 inches above the floor. B. An alarm capable of providing a sound pressure level of not less than 85 dba when measured indoors at a distance of 10 feet. The alarm shall activate wi thin 15 seconds after the door, and its screen if present, are opened and shall sound continuously for a minimum of 10 seconds then automatically reset. The alarm shall be equipped with a manual reset, such as a touchpad or switch, located on the interior side of the wall not less than 54 inches above the threshold of the door to permit entry and exiting without activation of the alarm. The alarm shall automatically reset under all conditions. The alarm may be battery operated or connected to the building wiring. - C. Other means of protection may be acceptable so long as the degree of protection afforded is substantially the same as that afforded by any of the devices described above. 5. Where an aboveground pool structure is used as a barrier or where the barrier is mounded on top of the pool structure, and the means of access is a ladder or steps, then (1) the ladder or steps shall be capable of being secured, locked or removed to prevent access or (2) the ladder or steps shall be surrounded by a barrier which meets the requirements of Items 1 through 4. When ladder or steps are secured, locked or removed, any opening created shall be protected by a barrier complying with Items 1 through 4. PAGE FOUR ORDINANCE NO. 989 INTRODUCED AND PASSED UPON FIRST READING this 13 day of December, 1994, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, PAPE, WASHBURN .- NOES: COUNCILMEMBERS: BENDER ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10th day of January, 1995, upon the following roll call vote. AYES: COUNCILMEMBERS: ALONGI, BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: BENDER ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: - .ATTEST: ~. '/ \,.- VICKI u , CITY CLERK APP~OVED AS TO FORM AND LEGALITY: ORNEY - ~.-. 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 for adoption on December 13, 1994, and passed on January 10, 1995, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, PAPE, WASHBURN NOES: COUNCILMEMBERS: BENDER ABSENT: COUNCILMEMBERS: NONE (- ABSTAIN: COUNCILMEMBERS: NONE ~- \ hml ( 'tJ1^ ( I~I & ,C: ~ CL RK CITY OF LAKF 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. 989 of said Council, and that the same has not been amended or repealed. DATED: January 17, 1995 ~JWRK CITY ()!.~ LAKE ElSINORE (SEAL) -