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Nos 1993-949-970ORDINANCE NO. 949 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PREZONING 87 ACRES LOCATED AT THE NORTHWESTERN CORNER OF CENTRAL AVENUE (STATE HIGHWAY 74) AND INTERSTATE 15 FROM GENERAL COMMERCIAL, FREEWAY BUSINESS, AND BUSINESS PARK (RIVERSIDE COUNTY DESIGNATION) TO C-2 GENERAL COMMERCIAL (ZONE CHANGE 92-5: WILLIAM AND ROSALYNE HALL) 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 377-020-008,009,010,011; 377-040-013, 016, 017, 018; 377-050-004, 050; 377-060-008, and; 377-070-029, 030 to C-2 (General Commercial) on approximately 87 acres, as illustrated in Exhibit "A" 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 C-2 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 request will bring the zoning for the project area into conformance with the General Plan and the proposed General Plan Amendment. 3. This zone change establishes the necessary pre-zoning for this site. 4. This request will not result in any significant adverse impacts on the environment. SECTION TWO: This Ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 22nd day of December 1992, upon the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN. NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER Page 2 Ordinance No. 949 PASSED, APPROVED AND ADOPTED UPON SECOND READING this 12th day of January 1993, upon the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ALUNGI, CHERVENY, DOMINGUEZ, WASHBURN NONE NONE WINKLER ~~• WG~~U--_ y M. Washburn, Mayor ty of Lake Elsinore Vicki L City of (SEAL) Kasad, City Clerk Elsinore APPROVED AS TO FORM AND LEGALITY: ~,,;~, John Harper, Cit ttorney City of Lake Elsi ore 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 22, 1992 and was passed on January 12, 1993, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER r'`Nc-c-'c~'-~C--~ CKI :Z1tiAD, CITY CLERK CITY OF LAKE E7~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. 949 of said Council, and that the same has not been amended or repealed. DA ED: January 13, 1993 VICKI KASA , CITY CLERK CITY O"r' LAKE ELSINORE (SEAL) ORDINANCE NO. 950 ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA WITH REGARD TO THE CONTROL AND REMOVAL OF GRAFFITI THE CITY COUNCIL FOR THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: 9.52.010. Purpose. Th.e purpose of this Chapter is to provide a program for removal of graffiti from walls and structures on both public and private property and to provide regulations designed to prevent and control the further spread of graffiti in the City. The increase of graffiti on both public and private buildings, structures and places is creating a condition of blight within the City, which results in a deterioration of property and business values for adjacent and surrounding properties, all to the detriment of the City. The City Council finds and determines that graffiti is obnoxious and a public nuisance which must be abated so as to avoid the detrimental impact of such graffiti on the City, and to prevent the further spread of graffiti. 9.52.020. Graffiti Defined. For the purposes of this Chapter, graffiti shall mean the unauthorized spraying of paint or marking of ink, chalk, dye or other similar substances on public and private buildings, structures and places. 9.52.030. Unlawful Activities and Duties of Removal. In additional to the crime defined by Penal Code Section 594, it shall also be unlawful for any person who applied graffiti not to remove the same within twenty-four hours of its application. It shall be a misdemeanor for each and every day that the graffiti remains unremoved. Persons applying graffiti shall be responsible for the costs of removal of said graffiti incurred pursuant to Section 9.52.050. Parents shall be responsible for the removal of graffiti and/or for said costs of removal when the graffiti has been applied by his and/or her minor child. Violation of Penal Code Section 594 is punishable by imprisonment in State prison or in County jail for a term up to one year and/or by a fine of up to $50,000. Pursuant to Civil Code Section 1714.1, parents maybe liable for damages up to $10,000 for vandalism of minor child. 9.52.040. Sale and Possession of Pressurized Paint Cans. The following regulation shall apply to the sale and possession of pressurized paint cans in the City: (1) No person firm or, corporation shall sell or give, or in any way furnish any pressurized can containing any substance commonly known as paint or dye to anyone under the age of eighteen (18) yeazs, and no person under the age of eighteen years shall purchase a pressurized can containing paint or dye. (2) No person shall have in his or her possession any pressurized can containing any substance commonly known as paint or dye while in any public pazk, playground, swimming pool or recreational facility in the City. This section shall not apply to authorized employees of the City or an individual or authorized employee of any individual, agency or company under contract with the City. (3) This Section shall not apply to furnishing of six ounces or less of an aerosol container of paint to a minor for the minor's use or possession under the supervision of the minor's pazent, guardian, instructor or employer, which is used for a not otherwise unlawful purpose. ... 'r H._ __._.__ __.__._.. _ _ r~ PAGE TWO -ORDINANCE N0. 950 (4) Every retailer offering sale or selling aerosol containers of paint or dye capable of defacing property s}iall post in a conspicuous place a sign in letters at least three-eights of an inch high stating: "Any person who maliciously defaces real or personal property without permission is guilty of vandalism which is punishable by fine, imprisonment or both." 9.52.050. Removal of Graffiti. Graffiti may be removed by application of any of the following methods: (1) Whenever the City Manager or his/her designated representative determines that _ graffiti is so located on public or privately owned structures on public or privately owned real i property within this City so as to be capable of being viewed by persons utilizing any public right-of-way in this City, the City Manager, or his/her designated representative, is authorized to provide for the removal of the graffiti solely at the City's expense, without reimbursement from the property owner upon whose property the graffiti has been applied, upon the following conditions: (A) In removing the graffiti, the painting or repair of a more extensive area shall not be authorized. (B) Where a structure is owned by a public entity other than this City, the removal of the graffiti may be authorized only after securing the consent of the public entity having jurisdiction over the structure. (C) Where a structure is privately owned, the removal of the graffiti by City forces or by a private contractor under the direction of the City may be authorized only after securing the consent of the owner. a 9.52.060. Public Nuisance. The City Council does hereby find that graffiti is a public nuisance and authorizes abatement by the procedures set forth in Chapter 8.18 of this Code, in addition to any other remedies available. 9.52.070. Rewards: The City Council may provide $100 to $1000 subject to approval by City Manager, by resolution, for information leading to the identification, apprehension and conviction of any person who applies graffiti within this City. INTRODUCED AND PASSED upon first reading this 23rd. day of March, 1993, by the following vote: AYES: COUNCILMEMBERS ALONGI, CHERVENY, WASHBURN NONE DOMINGUEZ, WINKLER, NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS NONE NONE PASSED, APPROVED AND ADOPTED this 13th day of Apri 1 1993, by the following vote: AYES; COUNCILMEMBERS: DOMINGUEZ, WINKLER, bIASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: CHERVENY ABSTENTIONS: COUNCILMEMBERS: NONE PAGE THREE _ ORDINANCE N0. 950 A ~~~~~~~ VICKI LYNNE SAD, CITY C ERK CITY OF LAKE ELSINORE APP&'OVED AS TO FORM: ~~, JOHN R. HARPER, CITY ORNEY GARY V~YSHBURN, MAYOR CITY O /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 for adoption on March 23, 1993, and was passed on April 13, 1993, by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: CHERVENY ABSTAIN: COUNCILMEMBERS: NONE 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. 950 of said Council, and that the same has not been amended or repealed. D ED: April 16, 1993 (^~ VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 951 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO CHANGE THE ZONING TO INCORPORATE THE RESOURCE CONSERVATION (RC) OVERLAY DISTRICT FROM SPECIFIC PLAN AREA (SPA) TO SPA(RC). THE SITE CONSISTS OF APPROXIMATELY 423 ACRES WITHIN SECTION 15 T.5S R.5W S.B.M. IT IS LOCATED ON THE NORTH SIDE OF THE INTERSECTION OF INTERSTATE 15 AND LAKE STREET. (ZONE CHANGE 92-4, HALLORAN AND ASSOCIATES) 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: 390-110-002, 390-120-006, 004 to SPA(RC) on approximately 423 acres, as illustrated in Exhibit "A" 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 SPA (RC) Zoning District. Approval is based on the following: 1. This project is consistent with the Goals, Policies, and Objectives of the General Plan. 2. The requested overlay zoning requirements will bring future mining request into conformance with the established zoning for the project area and into conformance with the General Plan. 3. This Zone .Change establishes the necessary zoning to conduct mining operation necessary to prepare the site for future development. 4. This request will not result in any significant adverse impact on the environment. SECTION TWO: This Ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 23rd day of March 1993, upon the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS ALONGI, CNERVENY, WASHBURN NONE NONE DOMINGUEZ, WINKLER, (.. ABSTAIN: COUNCILMEMBERS: NONE Page 2 Ordinance No. g5~ PASSED, APPROVED AND ADOPTED UPON SECOND READING this 13th day of April 1993, upon the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ALDNGI, DOMINGUEZ, WINKLER, WASHBURN NONE CHERVENY 'y M. Washburn, Mayor ty of Lake Elsinore Vicki Lynn~Kasacl, City Clerk City of La Elsinore (SEAL) APPROVED AS TO FORM AND LEGALITY: lJ" ~' ~ , John Harper, ~'ty Attorney City of Lake lsinore 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 March 23, 1993, and was passed on April 13, 1993, by the following vote: AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CHERVENY ABSTAIN: COUNCILMEMBERS: NONE C~ AD, 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. 951 of said Council, and that the same has not been amended or repealed. D TED: April 16, 1993 VICKI KASAD, CI CLERK CITY OF LAKE ELSINORE (SEAL) NO. 952 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE~ CALIFORNIA, RESCINDING ORDINANCE 936 OF THE CITY OF LAKE ELSINORE MUNICIPAL CODE CHAPTER 17.11 BY ESTABLISHING THE "HISTORIC DOWNTOWN ELSINORE" OVERLAY DISTRICT WHEREAS, the City of Lake. Elsinore has heretofore established the "Historic Downtown Elsinore" Overlay District with certain general guidelines as more particularly set forth in Chapter 17.11 of the Municipal Code. NOW, THEREFORE, IT IS HEREBY ORDAINED AS FOLLOWS: Chapter 17.11 is hereby amended in its entirety to provide as follows: 17.11.010 Purpose. The purpose of the "Historic Downtown Elsinore" Overlay District is to establish standards to insure that future development in the historic core of the City is compatible with the character of the existing historic downtown and to provide a framework for new construction and the renovation of buildings which already exist. The design standards set forth in the "Historic Elsinore" Design Standards, preserve and enhance the existing character of Downtown Lake Elsinore, and extend that character to new development in the area designated the "Historic Downtown Elsinore" Overlay District. 17.11.020 "Historic Downtown Elsinore" Defined. The "Historic Downtown Elsinore" Overlay District is comprised of the majority of the historic core of the City of Lake Elsinore. The District encompasses approximately 486 acres and is generally bounded to the north by I-15 and Collier Avenue, to the south by Lakeshore Drive, the east by Conklin Avenue and Rupard Street, and to the west by Chaney Street. This boundary directly corresponds to that established within the Historic Downtown Land Use Plan and is set forth with specificity in the "Historic Elsinore "Design Standards, which is incorporated herein. 17.11.030 Permitted Uses. Those uses permitted within the "Historic Downtown Elsinore" Overlay District shall be those uses otherwise permitted in the underlying zoning. A. Within Area 1 (as defined within the "Historic Elsinore" Design Standards), no new or changed use shall be permitted without the specific prior approval as to both type and location by the Design Review Committee (DRC). Among the considerations of the Design Review Committee (DRC) in determining whether a specific use will be permitted shall be the compatibility with surrounding uses, number and density of the same or similar existing uses within Area 1 and the input, if any, from other businesses in the area. Page 2 Ordinance No. 952 17.11.040 Development Standards. The development standards for the "Historic Downtown Elsinore" Overlay District shall be as set forth in the "Historic Elsinore" Design Standards, for the City of Lake Elsinore, California, dated December 1992 and as from time to time amended. Said Design Standards are hereby 5' I incorporated herein and made a part hereof. 17.11.050 Design 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 and composed of two (2) representatives of Lake Elsinore business community, two (2) Planning Commission members, and one (1) City Council member, appointed by the City Council. Said Committee shall also include one (1) City staff person ex officio, to act as secretary. The City Council shall retain the right to remove and replace committee members, as it deems appropriate. 17.11.060 Proiect Review. A. All applications for construction, renovation, or rehabilitation of any structure or signage within the District shall be submitted to the Planning Division on a form prepared by the City. B. Design approval requires an affirmative vote by a majority of the Committee members. C. The Committee may deny or continue consideration for a project for any of the following reasons: 1. Nonconformance with the Design Standards. 2. Incomplete application. 3. Improvements or commencement of operations begun without prior approval. D. Upon approval by the Design Review Committee (DRC) no further design approval by Planning Staff or Planning Commission shall be required. E. It shall be unlawful to conduct a new or changed use or construct, renovate or rehabilitate any structure, including exterior design and/or signage modifications within the "Historic Downtown Elsinore" Overlay District in violation of the Design Standards and without prior approval of the Design Review Committee. F. Any determination by the Design Review Committee (DRC) is subject to appeal to the City Council, whose determination shall be final and binding. Any such appeal must be filed with the City Clerk within ten (10) days of the Design Review Committee (DRC) decision. The fee for such appeal, shall be per Section 8. Page 3 Ordinance No. 952 17.11.070 Compliance with Standards. A. All new construction of structures and signage, or any additions/alterations to structures or signage visible or adjacent to a public right-of-way located within the "Historic Downtown Elsinore" Overlay District shall be in compliance with the adopted Design Standards. Any structure or signage not in compliance shall be deemed a public nuisance and subject to abatement pursuant to the Nuisance Abatement procedures set forth in Chapter 18.18 of the Municipal Code. B. Any existing structure within Area 1 (as defined within the. "Historic Elsinore" Design Standards), which goes through any modification to the exterior or interior of the building with a valuation in excess of $1,000.00 shall bring all aspects of that building's architectural design and signage into compliance with the guidelines established within the "Historic Elsinore" Design Standards. C. The Design Review Committee (DRC) may grant extensions to the date that a structure must comply with the Design Standards upon a showing of financial hardship by the applicant. INTRODUCED AND APPROVED UPON FIRST READING this 13TH day of APRIL, 1993 upon the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN ALONGI CHERVENY NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 27th day of APRIL, 1993, upon the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: DDMINGUEZ, WINKLER, WASHBURN ALONGI, CHERVENY NONE NONE Page 4 Ordinance No. 952 ary M. Washburn, Mayor City of Lake Elsinore ATTEST: Vicki .Lyn:ie I~ad, City Clerk City of Lake Elsinore (SEAL) APPROVED AS TO FORM AND LEGALITY: John Harper, City torney 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 for adoption on April 13, 1993, and was passed on April 27, 1993, by the following vote: AYES NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN COUNCILMEMBERS: ALONGI, CHERVENY COUNCILMEMBERS: COUNCILMEMBERS: NONE NONE ~ ~~~.~ VICKI KASAD, CITY CLERK CITY OP' 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. 952 of said Council, and that the same-has not been amended or repealed. Pfpril 29, 193 ~`IC:7~~ I~.SAD, CI'CY CLE. CITY CF LAKE ELSINORE (SEAL) NO. 953 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING SECTION 9.96.035 TO THE LAKE ELSINORE MUNICIPAL CODE, REGARDING THE LAIINCHING OF BOATS FROM PUBLIC PROPERTY. The City Council of the City of Lake Elsinore, California does ordain as follows: SECTION ONE. There is hereby added to the Lake Elsinore Municipal Code Section 9.96.035 which is to read as follows: Boat Launching ],t shall '~e unlawful to launch boats or any vessel from public prope~•t~ =~+ecifically including the terminus of any City street, roadway, or easement unless so designated. INTRODUCE7: 3~N:'~ PASSED UPON FIRST READING this 13th day of April, 1993, by the following vote: AYES: coUNC7LMEMBERS: ALON,I, DOP1INr;UEZ, b1INKLER, !~IASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CNERVENY ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADO]!="'FD this 27th day of Aori 1 1993, by the following votA: AYES: COUNCILI±FMBERS: ALON,I, CHERVENY, DOMIN,UEZ, WINKLER, WASNBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: ~1DNE A`rT,^•.^•.• S T VICKI RASAD, CI'.Y CLERK CITY OF LARF E?.,SINORE APPRO~IED AS FORM & LEGALITY: JOH1T'R~HAR ER, CI Y ATTORNEY CITY OF LAKE ELS RE GARY M LLY7ASHBURN, MAYOR CITY /t,AKE 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 for adoption on April 13, 1993, and was passed on April 27, 1993, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~n / VICKI KASAD~ CLERK CITY OP" Y,AKE 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. 953 of said Council, and that the same has not been amended or repealed. D TED: April 29, 1993 VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 954 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE CAPE OF GOOD HOPE (FRIENDLY GROUP VII/K.S. CHEN) SPECIFIC PLAN 92-1 THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, there has been an application by the Friendly Group VII/K.S. Chen for the Specific Plan 92-1, 40 acres, located northeast of the intersection of Robb Road and Lakeshore Drive. WHEREAS, the Planning Commission has reviewed Mitigated Negative Declaration 92-1 and has recommended that the .City Council (1) certify requirements of the California Environmental Quality Act and the City's CEQA Guidelines; and (2) approve the Specific Plan for the Project; and WHEREAS, the City Council has reviewed Mitigated Negative Declaration 92-1 prepared in accordance with the California Environmental Quality Act, and has considered the information contained therein and in the other documents referred to therein; and WHEREAS, the City Council has approved Mitigated Negative Declaration 92-1 and has made the Findings required by the State CEQA Guidelines. NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE THAT: Section 1: Upon the recommendation of the Planning Commission s and based upon the Findings adopted hereby with regard to the approval of the Project, the City Council hereby (i) finds that the Specific Plan for the Project area attached hereto as Attachment A is consistent with the General Plan of the City, (ii) finds the adoption of the Specific Plan is in the public interest, (iii) approves and adopts the Specific Plan. 1. The Cape of Good Hope Specific Plan meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. 2. Development regulations provided in the City Zoning Code shall apply, unless specified in the Cape of Good Hope Specific Plan. Approval of the Specific Plan shall not be interpreted as waiving compliance with other provisions of the Lake Elsinore City Code, except in those areas where the Specific Plan expressly regulates a use. 3. This request will comply with the California Environmental Quality Act (CEQA). Mitigated Negative Declaration 92-1 has been prepared with the finding that this project will not have any adverse impacts on the environment or that any impacts will be adequately mitigated. Section 2: This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of this ordinance and cause this Ordinance to be published and posted in the manner required by law. Ordinance No. 954 Page two PASSED, UPON FIRST READING this 25th day of May 1993, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DDMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: NONE NONE WINKLER PASSED, APPROVED AND ADOPTED UPON SECOND READING this Sth day of June 1993, by the following vote: AYES: COUNCILMEMBERS: ALONGT, CHERVENY', DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE APPROVED AS 'i'0 FORM AND LEGALITY: X1,1 JOHN HARPER, C TY ATTORNEY ABSENT: COUNCILMEMBERS: NONE 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 25, 1993, and was passed on June 8, 1993, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER J-~` ~'1~C9-~Cii 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. 954 of said Council, and that the same has not been amended or repealed. DA ED: rune 14, 1993 VICK ~1D,~~~'~:?C'PY CLERK CITY OF' LAKE ELSINORE (SEAL) ORDINANCE NO. 955 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE EAST LAKE SPECIFIC PLAN 93-3 (EAST LAKE COMMUNITY BUILDERS/CITY OF LAKE ELSINORE) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, East Lake Community Builders ("ECB") and the City of Lake Elsinore have prepared the East Lake Specific Plan in accordance with Government Code Section 65450 e~ she ,., providing land use entitlements for 3,000 acres of property to include a mix of residential, commercial and open space uses along with infrastructure and public service improvements ("Project") and an associated Development Agreement. East Lake is located along the eastern shoreline of Lake Elsinore and is generally bounded by Lakeshore Drive on the north, Mission Trail and Corydon Road on the east, the city boundary line on the south and the shoreline of Lake Elsinore on the west. Due notice of public hearings concerning the Specific Plan and Development Agreement have been given and public hearings conducted thereon pursuant to State Planning and Zoning Law and local ordinances; WHEREAS, on May 5, 1993, the City Planning Commission held a duly noticed public hearing to consider the East Lake Environmental Impact Report ("EIR") and the East Lake Specific Plan, and following such public hearing, voted unanimously to recommend that the City Council (1) certify the Final EIR as meeting the requirements of the California Environmental Quality Act ("CEQA") and the CEQA Guidelines and as being complete and adequate, and (2) approve the East Lake Specific Plan; WHEREAS, the City Council held a duly noticed public hearing on May 25, 1993, for the purposes of certifying the Final EIR, considering the Specific Plan and also considering a related Development Agreement; WHEREAS, pursuant to CEQA, the Final EIR has been prepared, certified and considered by the City Council and has been found to adequately address the general environmental setting of the proposed Project and significant environmental impacts and the alternatives and mitigation measures related to each significant environmental effect to the proposed Project. The City Council has considered the information contained in the Final EIR prior to approval of the Project. The City Council has adopted Resolution No. 93-2a certifying the Final EIR which discusses all significant environmental effects and corresponding mitigation measures, together with the Facts, Findings and Statement of Overriding Considerations regarding the environmental effects of the East Lake Specific Plan ("Facts, Findings and Statement of Overriding Considerations") set forth as Attachment "A" to Resolution No. 93-28 and incorporated herein by this reference; WHEREAS, the establishment and implementation of the Specific Plan as submitted, under current circumstances, will not be detrimental to the health, safety, comfort or general welfare of the persons residing in the area of the Project; WHEREAS, appropriate mitigation measures are incorporated into the Specific Plan to ensure that the concerns identified at this level of planning will be resolved as part of the more detailed subdivision review process which must be completed before development may proceed; and d1c019/22961/000/0511/ordinance WHEREAS, concurrently with the adoption of this Ordinance, the City Council has adopted Ordinance No. 956 authorizing and directing the Mayor to execute an associated Development Agreement between ECB and the City for those parcels of property within the Specific Plan Area for which ECB has legal or equitable interest. NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE THAT: Section 1: All the facts set forth in the Recitals above of this Ordinance are true and correct. Section 2: The Final EIR has been prepared in compliance with CEQA and the CEQA Guidelines and further, the City Council has reviewed and considered the information contained in the Final EIR and the Mitigation Monitoring Program with respect to the Project and has determined it to be complete and adequate and in compliance with CEQA. As set forth in the Facts, Findings and Statement of Overriding Considerations attached as Attachment "A" to Resolution No. 93-28 and incorporated herein by this reference, all significant adverse impacts have either been mitigated to acceptable levels or have been found to have been overridden by economic, social or other benefits derived from the Project. Section 3: 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 Specific Plan for the Project area attached hereto as Exhibit "A" and incorporated herien by this reference, is consistent with the General Plan of the City, (ii) finds that adoption of the Specific Plan is in the public interest and (iii) approves and adopts the Specific Plan based on the following Findings: 1. The East Lake Specific Plan meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et seg. of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. 2. The East Lake 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 for the reasons set forth in Section 3.1 (pp. III-1 through III-14) of the Specific Plan. 3. The Development Regulations contained within the Specific Plan 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 result in significant environmental impacts associated with land use, air quality, biological resources, energy resources, aesthetics, agriculture, seismicity, water quality, traffic, school construction, utilities and services which may be partially mitigated but are anticipated to remain significant upon development of the site as allowed under the General Plan. These impacts are therefore found to be acceptable under the General Plan, specifically the provision of the quality housing opportunities by the City, the -2- d1c019/22961/000/0511/ordinance anticipated increase in local government revenues generated by project residents and the provision of significant infrastructure improvements, all of which are expected to support local commercial and industrial development efforts and generate measurable benefits to the local economy and fiscal integrity of City government. 5. The proposed location of the Project allows the development to be well-integrated with its surroundings. 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. Suitable areas are reserved for schools, parks and pedestrian ways. 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 4: This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, UPON FIRST READING this 25th day of May 1993, by the following vote: AYES: NOES: ABSENT: ABSTENTIONS: COUNCILMEMBERS: DOMINGUEZ, WINKLER, WASHBURN COUNCILMEMBERS: ALONGI, CHERVENY COUNCILMEMBERS COUNCILMEMBERS: -3- NONE NONE d1c019/22961/000/0511/ordinance ~~~ SECOND PASSED, UPON S#' READING this 8th day of June 1993, by the following vote: ~' AYES: COUNCILMEMBERS CHERVENY, DOMINGUEZ, WINKLER, WASIIBURN NOES: COUNCILMEMBERS ALONGI ABSENT: COUNCILMEMBERS NONE ABSTENTIONS: COUNCILMEMBERS `EST • ~ / VICKI L. ICASAD; C TY CLERK APP OVED A TO ^ORM AND LEGALITY: J-OAR ER, C TTORNEY -4- d1c019/22961/000/0511/ordinance 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 25, 1993, and was passed on June 8, 1993, by the following vote: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER VICKI KA AD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) STA`.S'E 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. 955 of said Council, and that the same has not been amended or repealed. u~e~TED: June 14, 93 VI~AD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) NO. 956 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH EAST LAKE COMMUNITY BUILDERS WHEREAS, East Lake Community Builders ("ECB") and the City of Lake Elsinore have prepared the East Lake Specific Plan in accordance with Government Code Section 65456 et sec., providing land use entitlements for 3,000 acres of property to include a mix of residential, commercial and open space uses along with infrastructure and public service improvements ("Project") and the related Development Agreement attached as Exhibit "A" and incorporated herein by this reference, which is the subject of this Ordinance. East Lake is located along the eastern shoreline of Lake Elsinore and is generally bounded by Lakeshore Drive on the north, Mission Trail and Corydon Road on the east, the city boundary line on the south and the shoreline of Lake Elsinore on the west. Due notice of public hearings on the Specific Plan and the Development Agreement Application have been given and public hearings conducted thereon pursuant to State Planning and Zoning Law and local ordinances; WHEREAS, on May 5, 1993, the City Planning Commission held a duly noticed public hearing to consider the East Lake Environmental Impact Report ("EIR"), the East Lake Specific Plan and the Development Agreement, and following such public hearing, voted unanimously to recommend that the City Council (1) certify the Final EIR as meeting the requirements of the California Environmental Quality Act ("CEQA") and the CEQA Guidelines and as being complete and adequate, and (2) approve the East Lake Specific Plan; WHEREAS, the Planning Commission of the City of Lake Elsinore held a continued public hearing on the proposed Development Agreement between the City of Lake Elsinore and East Lake Community Builders on May 19, 1993, and found that the Development Agreement is consistent with the City's General Plan and recommended its adoption by the City Council; WHEREAS, the City Council held a duly noticed public hearing on May 25, 1993, for the purposes of certifying the Final EIR, considering the Specific Plan and considering the Development Agreement; WHEREAS, pursuant to CEQA, the Final EIR has been prepared, certified and considered by the City Council and has been found to adequately address the general environmental setting of the proposed Project, including the Development Agreement, and significant environmental impacts and the alternatives and mitigation measures related to each significant environmental effect to the proposed Project. The City Council has considered the information contained in the Final EIR prior to approval of the Project and the Development Agreement. The City Council has adopted Resolution No. 93-za which discusses all significant environmental effects and corresponding mitigation measures, together with the Facts, Findings and Statement of Overriding Considerations Regarding the Environmental Effects of the East Lake Specific Plan attached as Attachment "A" to Resolution No. 93-2s and incorporated herein by this reference ("Facts, Findings and Statement of Overriding Considerations"); WHEREAS, the establishment and implementation of the Specific Plan as submitted and adoption of the Development Agreement, under current circumstances, will not be detrimental to the health, safety, comfort or general welfare of the persons residing in the area of the Project; d1c019/22961/ODO/0511/ordlnan.2 WHEREAS, appropriate mitigation measures are incorporated into the Specific Plan and Development Agreement to ensure that the concerns identified at this level of planning will be resolved as part of the more detailed subdivision review process which must be completed before development may proceed; and WHEREAS, concurrently with the adoption of this Ordinance, the City Council has adopted Ordinance No. 955 adopting the East Lake Specific Plan; and WHEREAS, the City Council of the City of Lake Elsinore held a duly noticed public hearing on the Development Agreement on May 25, 1993, and found that (1) the Development Agreement is consistent with the City's General Plan and the East Lake Specific Plan and (2) the previously certified Final EIR prepared for the East Lake Specific Plan is adequate and complete for the Development Agreement; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: Section 1: All the facts set forth in the Recitals above of this Ordinance are true and correct. Section 2: The Final EIR has been prepared in compliance with CEQA and the CEQA Guidelines and further, the City Council has reviewed and considered the information contained in the Final EIR and the Mitigation Monitoring Program with respect to the Project and has determined it to be complete and adequate and in compliance with CEQA. As set forth in the Facts, Findings and Statement of Overriding Considerations attached as Attachment "A" to Resolution No. 93-ze and which are incorporated herein by this reference, all significant adverse impacts have either been mitigated to acceptable levels or have been found to have been overridden by economic, social or other benefits derived from the Project. Section 3: The Development Agreement between the City of Lake Elsinore and East Lake Community Builders, as set forth in Exhibit "A" hereto, is hereby approved. The Mayor is authorized to execute the Development Agreement and, following such execution, the City Clerk shall cause a copy thereof to be recorded with the Riverside County Recorder within ten (10) days. Section 4: The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law. This Ordinance shall become effective upon the expiration of thirty (30) days from and after its passage. PASSED, UPON FIRST READING this 25th day of May 1993, by the following vote: AYES: COUNCILMEMBERS~ DDMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI, CHERVENY ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE -2- d1c039/22961/000/0511/ordinan.2 PASSED, UPON SECOND READING this 8th day of June 1993, by the following vote: ~~ AYES: NOES: ABSENT: ABSTENTIONS: COUNCILMEMBERS CHERVENY, DOMINGUEZ, WINKLER, WASABURN COUNCILMEMBERS ALONGI COUNCILMEMBERS COUNCILMEMBERS "Ii"E T: 1 I KI L. KASAD, CITY CLERK APPROVED ,: Fi "~'O FORM AND LEGALITY: J HAR ER TY ATTORNEY -3- d1c019/22961/000/0511/ordinan.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 for adoption on May 25, 1993, and was passed on June 8, 1993, by the following vote: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER ~:~~ 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. 956 of said Council, and that the same has not been amended or repealed. D TED: June 14, 1993 _CKI KASA , ITY LERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 957 AN ORDINANCE OF THE CITE OF LAKE ELSINORE AMENDING CHAPTER 9.96 OF THE LAKE ELSINORE ~'tCTNICIPAL CODE RELATING TO BOATING REGULATIONS. WHEREAS, on or about July 1, 1993, the City of Lake Elsinore will receive transe~~ of the Lake from the State California; and WHEREAS, this transfer will necessitate the adoption of boating regulations at the City level to allow for proper enforcement; NOW, THEREFORE, THE CITY OF LAKE ELSINORE DOES ORDAIN AND ESTABLISH SECTIONS 9.96.070 THROUGH 9.96.180 AS FOLLOWS: 9.96.070 CONSTRIICTION No person shall wharf out or erect quays, jetties, piers, breakwaters, groins, moles, wharves, docks, bathhouses, or any structures whatsoever floating or otherwise upon or in Lake Elsinore City Recreation Area or water of Lake Elsinore except by _ permission of concession in writing by the City of Lake Elsinore. 9.96.080. TRAFFIC PATTERNS All boat traffic shall move in a counterclockwise direction measured from the center of Lake Elsinore. No person shall operate or cause a boat to move in a clockwise direction or turn around except in the five mile per hour zones, which are non-directional, or except in any zone when a person has fallen overboard or when a skier has fallen, and then only for the purpose of retrieving the fallen person. 9.96.090. SRI TOW ROPE No person shall operate a boat with a ski tow line exceeding 75 feet except in the fast boat zone. 9.96.100. TOWED EQIIIPMENT No person shall tow with a boat any devices which may be used to carry persons other than water skis or aquaplanes without the written permission from the City in a special exhibition or event. 9.96.110. BAILBOATB No person shall operate a sailboat within the fast boat zone. 9.96.120. BOAT BPEED LIMITS No person shall operate a boat in a unit at speeds in excess of that authorized for the area in which the boat is operating. Boat .,speed limits shall be designated and posted. a) The maximum allowable boat speed limit of Lake Elsinore is 35 miles per hours, except in the designated high speed zone. b) Five miles per hour (idle/wakeless forward motion) is the maximum allowable speed in: 1) Buoyed areas - shoreline to buoys 2) During restricted visibility (visibility less than 1,000 feet, fog haze and/or smoke). 3.) Within 100 feet of a person in water. 9.96.130. OPERATING BOATS DIIRING Where night boating is authorized, no person shall operate a boat at speeds in excess of five (5) miles per hour. 9.96.1{0. 9ESBELB (a) No person shall beach, land, launch; moor, dock, or berth a vessel, boat or any other object overnight except in areas so designated and posted by the Department. (b) The Department may, by posting of an order, specify locations, conditions, and limitations for the beaching, landing, launching., mooring, docking, or berthing of a vessel, boat, or any other object. No such posting of notices shall apply until signs or markings giving notice thereof have been placed. (c) Beached or abandoned vessels, boats, or any other objects are to be removed by the registered owner from City property within twenty-four (24) hours of notification. The last registered owner of record is responsible and is thereby liable for the cost of removal and disposition of the vessel, boat, or other object beached or abandoned. (d) Persons aboard sailboards must have aboard a United States Coast Guard approval, personal flotation device (Type I, II, III, or IV) for each person aboard the sailboard, when the sailboard is operated on the water. The personal flotation device must be readily accessible at all time. (e) Submersible vessels are not permitted. (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. 9.96.150. DISPOSAL OF WASTE FROM BOATS Any boat must be so constructed or equipped that all wastes, including but not limited to shower water and human waste, are discharged into a holding tank. Such wastes shall only be discharged in on shore disposal facilities. 9.96.160. INSPECTIONS (a) A City peace officer or peace officer with concurrent jurisdiction may inspect any vessel or boat at any time for compliance with all applicable laws, rules and/or regulations. Any person who refuses to allow such inspection shall immediately remove his vessel from the waters of the park system. (b} No person shall operate a boat or vessel when such boat or vessel does not comply with all applicable laws, rules and/or regulations. (c) No boat shall remain launched or in continuous use in the City park system for more than 30 days except by concession granted. 9.96.170 RESTRICTED II6E a) The following lands and facilities at the Lake Elsinore Recr~stion Area are closed or restricted to all persons, other than City employges or authorized individuals in the follow manner. 1) Wells number one, two and, three 2) Sites posted with buoys or fencing, depending on water level. 3) No person shall be within fifty (50) feet of said facility, except as authorized by the City. 4) No person shall operate a radio-controlled model replica device unless authorized through an approved special event permit. 5) Operation of radio-controlled model replica devices will occur only in designated areas as identified in the approved special event permit. 6) Portions of the lake may be closed to boating activity, as the lake level recedes and exposes hazards. Affected portions will be posted with buoys, stating "closed to boats. 7) No person shall berth, moor, dock, or otherwise secure any vessel or other object, fish, dive, or swim form the City patrol dock facility located on Lake Elsinore. 9.96.180 LAiJNCHING No vessel shall cast off, weigh anchor, or launch when the following conditions exist: a) During nighttime hours (~ hour after sunset to ~ hour before sunrise. b) No personal water craft or power boats with less than six (6) inches of freeboard (measured from the water surface to the lowest portion of the gunwale.), will launch, weigh anchor, cast off, or remain on Lake Elsinore when the wind speed reaches or exceeds thirty-nine (39) miles per hour (gale warnings). c) The lake surface is closed to vessels or similar objects when a wind speed of fifty-five (55) miles per hour or greater is reached (full gale). d) Launching of any vessel shall only occur at authorized launch ramp facilities or from private property when such property is inundated by waters of Lake Elsinore. INTRODUCED AND PASSED UPON FIRST READING this 25th day of May, 1993, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGL, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 8th day of June, 1993, by the following roll call vote: AYES: COUNCILMEMBERS: NOES:- COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NONE NONE NONE- n i:l- TEST: ,, CK I SF '; C ERK APPR~/ED AS TO FORM & LEGALITY: JO R. HAR R, T ATT EY 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 25, 1993, and was passed on June 8, 1993, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CKI KASAD, CIT 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. 957 of said Council, and that the same has not been amended or repealed. D ED: )July 14, 1993 C/l~ ~~Aav"l/L VICKI KASAD, CITY CLERK CITY OI' LAKE ELSINORE (SEAL) ORDINANCE NO. 958 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT # 1 TO THE NORTH PEAK SPECIFIC PLAN (SP 90-2) (TMC COMMUNITIES) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, there has been an application by TMC Communities, to amend the previously approved North Peak Specific Plan to incorporate an additional 24.3 acres within the specific plan area and modify the ultimate alignment of E1 Toro Road. The designation for the land uses within the additional 24.3 acres is as follows: 11.2 acres of Estate Residential, 2.7 acres of natural open space, and 7.3 acres of roads (E1 Toro Road). The project site is within the southern portion of the North Peak Specific Plan which is located on the northeastern boundary of the City extending north of State Hiqhway 74. Due notice of said application has been given and public hearing conducted thereon pursuant to State Planning and Zoning Law and local ordinances; WHEREAS, the Planning Commission has previously reviewed and found that the previously certified EIR for the North Peak 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 North Peak Specific Plan; and WHEREAS, the City Council has determined that the EIR prepared for the North Peak 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 WHEREAS, the City Council has determined that the EIR certified for the North Peak Specific Plan adequately addresses the environmental impacts for this project and has made the Findings required by the State CEQA Guidelines. NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE THAT: 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 attached hereto as Attachments A, B and C 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 and the Specific Plan Amendment based on the following Findings: 1. The Specific Plan Amendment meets the Specific Plan criteria for content and systematic implementation of the General Plan established by Section 65450 of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. 2. Development regulations provided in the City Zoning Code shall apply, unless specified in the Specific Plan Amendment. Approval of the amendment shall not be interpreted as waiving compliance with other provisions of the Lake Elsinore Municipal Code, except in those areas where the amendment specifically applies. Ordinance No. 958 Page two 3. The Specific Plan Amendment complies with the California Environmental Quality Act. All adverse impacts have been adequately mitigated.to levels of insignificance. 4. The Specific Plan Amendment will not be detrimental to the health, safety, comfort or general welfare of the persons visiting or working within the neighborhood of the project area, nor will it be injurious to property or improvements in that area of the City because of the amendment, mitigation measures contained in the EIR and Conditions of Approval. Section 2: This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, UPON FIRST READING this 8th day of June 1993, by the following vote: AYES: COUNCILMEMBERS: ALONGT, CHERVENY, DOMINGUEZ, ti7ASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: WINKLER PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22nd day of June 1993, by the following vote: AYES: COUNCILMEMBERS: ALDNGI, CHERVENY, DDMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NIINKLER A EST: ~~ ~ VICKI L. KASP.D, CITY CLERK APPROVED AS TO FORM AND LEGALITY: JOHN HAR R, CI Y ATTORNEY Community Tot1 I~ad Map Dea31g Ar4!rase A URe DedE. Haage Deadly o~ Rmal Rsidmtlal RR 42 W/M. ] DU/M. SOAI Pve RaklmtlA I0t ZJ DU/M. 3.5 DU/M. 321.21 8 ~ ~ SP 4-7DU/M. 6DU/M. 333A/ hi 0 a OR 7-12 DU/M. 9DU/M. 77AI YiW~e Ratimed VR 1216 DU/M. 15 DU/M. 25AI -1dC(m8y -1P 16-24 DU/M. 28DU/M. 23A/ CaaaaA/ VOI~CawaeW VC ZS-SOP.1R 013 PAR 18A! tif~aryCammarial IfC .25-30 MR 030 PAR 14A! PNtle Ua 8ehoo1lPak BCIVP 30A1 PuN{e Pat P 49A1 Nacre Pak NP ZiOAI S ~ pm 9prro N A O OS 65131 U81ky CmiAm UC 63.L CYeYalw Wpl Ray 10231 'bid lfal.tl U>< ® ~~ Nonni o Iono reE* 2/3/93 Speci lc Plan Amendment #1 2/8/93 W.O.N:1 W0.2/N.P.LND USE SPAMNDNI ATTACHMENT "A" ^ ^ ^ ~ ConaKtlon l0 Regiaul TnR future Cormecdon le dNng tl Two Itwd ^ ConnKlion ~ Regional Tr ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ COMRIbrI t0 Regiorul Troll Nkho6 Road 41ane AnerW Road 6We Urban AnerW Road Itlghway 71 lrneMrte ~~~ IS 61~ne Urban AnerW Nnad 1~ 1-WCArierW Road 4Lan0 SOCandarv Noad 1-Lane Calk04or Road ~ ~ N Fast RkyNc Path ^ ^ ^ ^ 20 FOOL Roglanal Troll Streets not shorn w~L be Local Whlie or Private Stress ® ~~- IIDR7N a 1000 if2T ERHIIYF 1t1.5A 2/3P93 REVLCF.n CIRCUUTRON MASTTft FLAN Specific Plan Amendment #1 2/8/93 W.O.M: 1000-2/N.P.CIRC II Toro Rd. ATTACHMENT "B" 1~ ER OS f ti _~ ~.. t ~ ~ \ . i ~ ~' .. ~ ~-- '• ~ '. fir, ;'Ei ~! ~• i, l~ ~. ER ~ ~?, 'r'?t ~,' ~v iii ~' :~ 1 ~j t~/,•} Vii;/~j.:: ~ ~ ~; ~ i~ f f ~ ~ ice)' ,1:~r' ~~ hilt ~ ,.. ~`~,e . `.' A - 2 S.P. / EI Toro Realignment Land Use Map Density Ave. Area Deng. Range Density Residential Estate Residential ER 2 - 4 DU / AC. 3S DU /AC. 112 Acres Open Space Natural Open Space OS 2.7 Acres Circulation Major Roads 7.3 Acres Totals 1.8 DU / AC. 21.2 Acres A - 2 S.P. l El Toro Realignment 2/8/93 W.O.N:1000-2/A-2 SPBLToroRd ATTACHl9ENT "C" 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 June 8, 1993, and was passed on June 22, 1993, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER ~n~ V%CKI `CASAD, 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. 958 of said Council, and that the same has not been amended or repealed. D ED: June 23, 1993 R VICKI SAD, CI LERK CITY OF LAKE ELSINORE (SEAL) ±!i I! ORDINANCE NO. 959 THE CITY COUNCIL OF THE CITY OF LAI~IE ELSINORE 'Y)OE$•HEREBY ORDAIN AS FOLLOWS: SECTION I. Section 5.73 ~ecial Events of the Municipal Code of the City of Lake Elsinore is hereby amended to read as follows: 5.73.010 STREET PERMIT.' All street events, including pazades, processions, assemblages and other events, including, but not limited to marathons, bike-a-thons, triathalons and other such uses of the public streets, highways, thoroughfares, rights-of--way and other public property which are also utilized by motor vehicles, constitute traffic hazards and a threat to the public safety and are prohibited unless a properly issued street permit has first been obtained. 5.73.020 SPECIAL EVENTS PERMIT. All special events occurring on property within the City, other than that property specified in Section 5.73.050 of this code, hall be prohibited unless a properly issued special events permit has been obtained. As hereinafter mentioned in this chapter, "special events" means any assembly, congregation, attraction, display, entertainment, demonstration, carnival, bazaar, circus, rodeo, or other traveling show, fair, festival, food faire, cook-off, dance, concert or performance, or any other planned occurrence that may attract a large number of people or which may otherwise become a hazazd to the public peace, health, safety or general welfaze. 5.73.025 FEES. - - The City Council, by resolution, shall establish a schedule of fees related to the processing of any permit application and costs of special services required by the street event or special event. Said fees shall approximate the actual cost of providing the service. 5.73.030 PERMIT AND APPEAL PROCESSING. ~, All applications for street or special events permits must be on-file wittf'the City sixty days before the scheduled event unless a waiver is granted by the City Council. Notwithstanding the foregoing, the City Manager may waive the time limits contained herein for noncommercial activity involving freedom of speech, whenever necessary to protect First Amendment rights. In such case, the only criteria applied shall be the physical ability of staff to process the application. The City Manager shall either approve or deny the application within thirty days of the date the completed application is filed. The applicant shall thereafter have five days to file an appeal with the City Council in the event of denial. All appeals shall be in writing and list all grounds upon which the appeal is based. Any member of the City Council may also appeal any decision of the City Manager. The City Council may, by resolution, set appropriate fees for the filing of applications or appeals. r,~: ... _ x: ~. F ~+6-17-1993 L~4~59Pht FROM TO 6742392 P.~J3 5.73.041! Plt2MIT APPLICATION. All applicaflo far a street permit shall be on a form provided by the Ciry and shall provide the information n scary for staff to maize their recommendations to the City Manager. Said form shall provide ,rat least the following information: 1. The applicant's identity and the identity of a responsible natural person that will serve ~s the City's primary interface for communications. If the application is made by a ership, the names and addresses of the partners shalt appear. Where the pplicaat is a corporatign, the application shall be signed by the president and secretary of such corporation and shall contain the addresses of such corporate officers, and a certified copy of the articles of incorporation shall be submitted with the application. The name, date of birth, driver's license number, resident and mailing address of the responsible natural person shall be included. When the applicant intends to utilize a professional event-organizer, the City Manager shall ~ve the discretion to require all or some of the information required by this section for either or both; 2. he route of the event shall. be provided on a diagram and shall show the starting int and terminus; 3. ~ clear and legible traffic management plan must be provided showing all road losures, detours, bazricading and control devices, and the effective time. It must ~onform to all City, State and Federal Standards and be approved by the City Traffic 4. ~taging and parking areas shall be identified; 5. ~ description of the type of event will be provided; 6. 't'he expected, number of participants, assistants, workers and spectators will be 7, ll security procedures shall be identified. The level and type of security and rsonnel shall be at the sole discretion of the Chief of Police (Sheriff's Captain); owever, the content or message of constitutionally protected non-commercial speech ¢r potential public reaction thereto may not be considered in determining the wst of laolice services to be charged to the applicant, if any. 8. 'Water and sanitation facilities to be provided shall be identified. 5.73.050 STREET PFRMtT CONbTTTONS. Street permits will be issued conditionally whenever the public health and safety so require. Conditions tha may be imposed in such permit include, but are not limited to, the following: -2- r~. ,M. '~i ~: ~: F7~^S'i-•1Jl3 JW ~ ~~PM PPOM TO E742392 P.04 1. at the event only proceed along a designated route and only within certain esignated parameters; 2. f That. the permittee provlde certain seourity or traffic directional measures for the 3. a permittee provide for the placement, mavrtenance and removal of aU barricades id other control devices required by the approved Traffic Control Plan in a timely anner, or as required by law. 4. ~1°hat the permittee provide for the sanitation, trash disposal and/or water needs of all articipants, assistants, workers and spectators; 5. hat an appropriate cash deposit or bonds be posted with the City to compensate it or any special seririces that may be required, including but not limited to, police ased upon the size and route of xhe event, but excluding any consideration of ditional security as a consequence of the content or message ar public reaction hereto}, fire, traffic-c+antrol and cleanup; provided that with respect to nstitutionally protected noncommercial parades and demonstrations, no police fees hall be charged other than for traffic control. All charges shall be based on the ourly rate of all employees expected to be required to perform services during the t and shall contain an administration charge to cover the support services ~ncurred as a result of the event. The permittee shah past said deposit or bond at east fourkeen days before the event. The permittee shall be given an accounting of ~.ll charges within a reasonable time after the event, and a refund if due. 6. ~e event applicant must be a public non-profit organization. A Street Permit shall of be issued for any full profit enterprise. 5.73.060 '~FECIAL EVENT FERMI'T Al?P~ICATION. All application for a special event permit shall be on a form provided by the City, and shall provide the informatio necessary far staff to make their recommendations to the City Manager. Said form shall provide a least the following information: B applicant's identity, and the identity of a responsible natural person that will ve as the City's primary interface for communications. If the applications is made a partnership, the names and addresses of the partners shall appear. Where the dicant is a corporation, the application shall be signed by the president and retary of such corporation and shall contain the addresses of such corporate leers, and a certified copy of the articles of incorporation shall be submitted with application. The name, date of birth, driver's license number, residealce and fling address of the responsible natural person shall also be included. When the ~licvlt intends to utilize a professional event-organizer, the City Manager shall -3- ' I! i 1' have the discretion to require all or some of the information required by this section for either or both; 2. The address or legal description of the place where the proposed special event is to 'fie conducted, operated or carried on. Additionally, the applicant shall subject proof of ownership of the place where the special event is to be conducted or a written statement of the owner of the premises indicating his consent that the site be used for the proposed special event; 3. The date or dates and the hours during which the special event is to be conducted; 4. A list of all employees of the applicant that will be working within the City limits prior to and during the event. The list shall include a current residence address, date of birth,'and driver's license number. 5. A statement as to whether or not the applicant has been convicted of any felony, misdemeanor, municipal ordinance or other crime, the nature of the offense, and the penalty or punishment assessed therefor; 6. If the special event will involve rides or other concessions that are operated by independent contractors, the information required by this section will be required for each independent contractor/concessionaire; 7. As detailed written explanation of the applicant's plan to provide security, fire protection, water supplies and facilities, food supplies and facilities, sanitation facilities, vehicle access, parking spaces and on-site traffic control, and provisions for clean up of the premises. A dimension site plan shall be submitted setting forth the location of the above items and the details of Section 5.73.070. The level and type of security and personnel shall be at the sole discretion of the Chief of Police (Sheriff's Captain); however, the content or message of constitutionally protected, non-commercial speech, or the potential public reaction thereto may not be considered in determining the cost of police services to be charged the applicant, if any. 5.73.070 SPECIAL EVENT PLAN REQUIREMENTS. The dimensioned plan shall be in compliance with, and set forth the details of the following: 1. Location of rides and their type, games, concessions, fire extinguishers, waste disposal and sanitation facilities, tents and awnings, generators and fuel storage, food service booths and methods of cooking, and fire vehicle accessways; 2. A minimum of one eight-foot aisleway shall be provided between rides, games, concessions, waste and sanitation facilities; C:\ELSWORPJORD.SPEC -4- '~: s! y. YF iI !°~ 3. One twenty-four-foot fire lane shall be provided within one hundred fifty feet of the most remote event. 5.73.080 SPECIAL EVENT CONDITIONS ,, All special events shall be..conducted in accordance with the following conditions: 1. Exits, aisles, ramps, corridors and passageways shall not be blocked nor have their required width obstructed in any manner by ticked offices, turnstiles, concessions, chairs, equipment or persons. 2. All combustible waste material and rubbish shall be stored in approved containers. 3. Each ride, game and concession shall provide a minimum of two thirty-gallon metal trash containers, and one special dumpster shall be located on site. 4. The applicant shall clear the carnival area and adjacent streets of trash and debris each evening after closing of the activity. 5. All trash, debris, garage and special dumpsters shall be removed within twenty-four hours of closing of the event. 6. One 2A-lOBC fire extinguisher shall be provided at every ride and every food service booth where cooking is conducted. Travel distance shall not exceed seventy-five feet to any extinguisher located within the special event. 7. All cooking shall be by means of natural gas, liquid petroleum gas, or electricity. No liquid fuel will be permitted. Changeover of fuel cylinders is not permitted when any open device is still operating within twenty feet of refueling azea. Additional fuel cylinders shall be stored in an azea designated by the fire department. 8. Copies of State Fire Mazshal approved certificates of flame retazdance shall be provided for all tents, awnings, hangings and covers with overhangs. 9. Copies of the annual state certification verifying that each ride meets all requirements of the State Industrial Safety Division shall be provided. All rides shall be marked with the current CAL-OSHA color-coded seal. All rides shall be assembled and stabilized in a manner approved by CAL-OSHA. 10. An electrical permit shall be secured for any temporazy electrical usage at the site. All electrical shall comply with the provisions of the National Electrical Code. Fuel storage for generators shall be located a minimum of seventy-five feet from the public azea. Generator fuel shall be stored in approved safety cans; maximum capacity five gallons. C:\ELSINORPIORD.SPEC -S- sv' oz. ~~ .i{ ~F. '1.' 86-17-1993 a5~02PM FROM TO 67x2392 P,~7 11. That and appropriate cash deposit or bonds be posted with the City to compensate it for any special services that may be required, including but not limited to, police, fire, traffic-control and cleanup; provided that with respect to constitutionally protected noncommercial parades and der'~nonstraflons, no police fees shall be charged other than for traffic control. All charges shall be .based on the hourly rate of all employees expected to be required to perform services during the event and shall contain an administration charge to cover the support services ~curred as a result of the event. The permittee shall post said deposit or bond at least fourteen days before the event. The pennittee shall be given an accounting of all ch es within a reasonable time after the event, and a refund if due. 12. The applicant seeking to utilize publicly owned property must be a public non-profit organization. A Special Event Permit for the utilization of publicly owned property shall not be used for any full profit enterprise. 5.73.090 INSPECTION OF GAMES, RIDFS AND FOOD CONCESSIONS. At least one dad prior to the opening of the special events, representatives of the City shall inspect the games, nd sand concessions, and said inspections may be made at any time thereafter. It shall be the applicant's responsibility to coordinate inspections with all appropriate departments so that timely inspectiq~ns are performed. 1. Inspecti respons 2. Inspecti waking the fire 3. Insaecti 4. of rides and installations regulated by the National Electrical Code shall be the ity of the Building Department. m of fire-protection devices, public assembly areas, emergency vehicular access, and heating devices, flame retardancy and fuel storage shall be the responsibility of of the games shall be the responsibility of the police department. Food services and sanitary facilities shall be the responsibility of the County Health Departr~tent. The applicant shall secure appropriate permits from the County therefore with the app~oval clearly displayed. 5.73.100 FUR 'YIOLA'I"IONS. Notwithstanding any approval given pursuant to this Chapter, any City police officer, fire official or building off~cial is hereby granted the authority to stop or prevent any immediate threat to the public health or safety, including the right to issue a cease and desist order for all or any part of the special evert or any special event. 5.73.110. OF APPLICATION. CTpon receipt o~ a complete application and the application fee, the Community Services Deparpnent shall refer same to concerned departments of the City, including, but not limited to the -City c:~rsuaox~oxn.spec -6- ;~. >. ;~: ,~ 06-17-1993 95~~73FM FR01n TO 5742392 R.©8 Attorney, Police Chief, Fire Chief, Planning Department, building and Safety 1epartment, Public Services Department and the County Health Officer, who shall investigate the application and report in writing to the City Manager within fifteen days, with appropriate .recommendations relating to their official functions as to the granting of a permit and the establishment of special conditions thereof. 5.73.120 ]INVESTIGATION OF APPLICANT. An applicant shall be prima facie disqualified fvr a permit under this Chapter if he has been convicted of a felony. The applicant may alsa be prima facie disqualified if a professional event- organizer or any proposed employee has been convicted of a felony, As used in this Chapter, the term "conviction" includes a plea of guilty. The Chief of Policz (Sheriff's Captain) is sgecifically authorized to fain state summary criminal history record information as provided for in Section 11105 of the P nat Code of the State. The Chief of Police (Sheriffl s Captain) shall disqualify the applicant, without a hearing by the City Manager and without fiutlrer proceedings, if it is determined that the applicant has been convicted or had entered a plea of guilty to a felony. An applicant who is thus prima facie disqualified for a permit may make an appeal in writing to the City Manager. II' The City Manager shall consider any mitigating factors such ac, but not limited to, evidence of rehabilitation, length of time elapsed since such convicflon, the age of the person at the time of the conviction, contributing social or environmental conditions surrounding the conduct; and whether the conviction is unrelated to the permit or license. 5.73.130 INSURANCE, INDEMNIFICATION ANri ~4NI)S. For all street or special events involving twenty-five (25) or more persons; (a) The applicant shall submit proof of personal injury and property damages insurance of the combined limits of one million dollars. Such insurance shall provide coverage and be placed with a company with a rating approved by the City Attorney. The City acid its officers, agents and employees shall be named as additional insureds on said policy and the City shall be provided with a certificate of insurance evidencing this fact. both the applicant and any independent cantractors shall alsv provide copies of their worker's compensation certificates for ali employees. (b) The applicant shad also agree to indemnify the City, its officers and employees from any claim o'r liability arising aut of the street or special event. 5.73.140 BUSINESS LICENSE TAX. All applicants and others required to pay a business tax for the privilege of engaging in business within this City shall aiso pay said tax in addition to any fees provided far herein. c~erswoa~onn.srr>c ~,~ - .,_ _ry_ 'z` F~6-17-1993 a5~~3PM FROM T6 6742392 P.~9 5.73.x50 WAIVERS Notwithstanding any provisions of this Chapter that may conflict with overriding noncommercial First Amendment protected activity shall be waived, when legally required. 5.73.160 r1P'PROVAL OR DENTAL. (a} The City Manager, after consulting with the Chief of Police (Sheriff's Captain), Fize Chief, Community Services Director, Planning Director, Risk Manager, Public Services Director, City Attorney and any other staff person deemed appropriate, shall deny the application if the Cit}~ Manager fords: 1. ',That the application is incomplete. 2. That the applicant has made a false, fraudulent or misleading statement of a material fact in the application; 3. That the applicant has been convicted of a felony; 4. 'T'hat the applicant has failed to meet with conditions imposed by this Chapter; 5. 'That the safety, health or public welfare of the citizens would be endangered by the granting of the permit. (b) Additionally, the permit maybe denied, or the proposed employee disqualified from working at the special event, if the applicant, professional event-organizer, or proposed employee has been convicted of any crime involving mortal turpitude, substanceldrug abuse, sexual wnduct, or physical assault. In all other instances the permit shall be granted subject to such related conditions as may be imposed to further the purpose of this Chapter. _ 5.73.170 1°l/N'ALT`X. Any person violating or failing to comply with any of the provisions of this Chapter shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed five hundred dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty' of a separate offense for each and every day during any portion of which any violation of the provisions of this Chapter is committed. Violators may include not only those persons staging the sweet or special event but any person lrnowingly participating in the event'after being advised of its illegality. c:~ra.suvoxe~oxnsvF.c -8- "F) y2 ~. ~lr :y. Ob-17-1993 ~5~04PM PP.C1M TO 6742392 P.1~1 ~' ~F',CTI4N. II. "This ordinance shall become effective as .provided by law. INTRODUCED ANDAPPItOVEDUPONFIR5TREADilVGthis Bth Day of June 1993, Upon the fallowing roll call vote: AYES: COUNCILMEMBERS: ALDNGI, DDMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: CHERVENY ABSEN'T': CDUNCILMEMBERS: NONE A$STfS.IN: CDUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22nd Day of June_ _, , 1992, Upon the following roll call vote: AY~"~ COUNCILPIEMBERS: ALDNGI, CHERVENY, DDMINGUEZ, WINKLER,WASHBURN NOES: CDUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NE A$STt#I1V; CDUNCILMEMBERS: E ~j~ ~/~ GAR . WASTTBURN, MAYOR City o ke Elsinore A~EST: Vicki Lynne ICa~i, i~ity Clerk City of Lake ~l.~inore (SEAL) APPROVED ~YS TO FORM AND LEGALITY: ~-Jt/-V-~ ~i john R. Flarpei, City tto ey City of Lake Elsinore C1&L9ICdORH/OR17.SPEC -9- ~. iii 'K: Tii iTl11 G 1 fT 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 June 8, 1993, and was passed on June 22, 1993, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: NONE ABSENT: COUNCILMEMBERS: NONE .ABSTAIN: COUNCILMEMBERS: NONE JICKI KASAD, CI'T'Y CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 959 of said Council, and that the same has not been amended or repealed. D ED: ~J~une 23, 1993 VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) NO. 960 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING SPECIFIC PLAN 90-1 AMENDMENT #1 AND MITIGATED NEGATIVE DECLARATION 93-3 FOR THE LAKE ELSINORE OUTLET CENTER (McARTHUR GLEN) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, there has been an application by McArthur Glen for Specific Plan 90-1 Amendment #1, generally bounded by Nichols Road to the west, Collier Avenue to the south and Interstate 15 to the north. WHEREAS, the Planning Commission has reviewed Mitigated Negative Declaration 93-3 and has recommended that the City Council (1) certify requirements of the California Environmental Quality Act and the City's CEQA Guidelines; and (2) approve the Specific Plan Amendment #1 for the Project; and WHEREAS, the City Council has reviewed Mitigated Negative Declaration 93-3 prepared in accordance with the California Environmental Quality Act, and has considered the information contained therein and in the other documents referred to therein; and WHEREAS, the City Council has approved Mitigated Negative Declaration 93-3 and has made the Findings required by the State CEQA Guidelines. NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE THAT: 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 Specific Plan Amendment #1 for the Project area attached hereto as Attachment A is consistent with the General Plan of the City, (ii) finds the adoption of the Specific Plan Amendment #1 is in the public interest, (iii) approves and adopts Specific Plan Amendment #1. Specific Plan Amendment #1 meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. Development regulations provided in the City Zoning Code shall apply, unless specified in the Specific Plan Amendment #1. Approval of the Specific Plan Amendment #1 shall not be interpreted as waiving compliance with other provisions of the Lake Elsinore City Code, except in those areas where the Specific Plan Amendment #1 expressly regulates a use. This request will comply with the California Environmental Quality Act (CEQA). Mitigated Negative Declaration 93-3 has been prepared with the finding that this project will not have any adverse impacts on the environment or that any impacts will be adequately mitigated. Section 2: This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. Ordinance No. 960 Page two PASSED, UPON FIRST READING this 22nd day of June 1993, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 13th day of July 1993, by the following vote: AYES: COUNCILMEMBERS: ALONGI,.CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS~ NONE /o AT EST: ~~-_~. VICKI L. KASAD, CITY CLERK APPROVED AS TO FORM AND LEGALITY: 111 JOH HARPER, I' A 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 June 22, 1993, and was passed on July 13, 1993, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE [?BS'1AIN: COUNCILMEMBERS: NONE .,~-~„~ ICKI TiA~A D, CITY CLERK CITY OF LAKE EL•SINORE (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. 960 of said Council, and that the same has not been amended or repealed. DA'ED: J~.aly 14, 1993 VICKI KASAD, CITY CLERK CITY CP LAKE ELSINORE (SEAL) ORDINANCE NO. 961 AN ORDINANCE OF THE CITY COUNCIL CITY OF LAKE ELSINORE AMENDING THE CITY. OF LAKE ELSINORE MUNICIPAL`CODE CHAPTER 10.12 IN ITS ENTIItET'Y RECITALS WHEREAS, the California State Legislature adopted AB408 which was signed into law effective July 1, 1993 providing generally that any violation of an unlawful standing or parking provisions of law shall be subject to a civil penalty schedule established by the governing body of the jurisdiction in which enforcement of those penalties shall be governed by a civil procedure, including an administrative investigation and review procedure and an administrative and judicial appeal process; and WHEREAS,' not later than July 1, 1993 the authority will be deleted for an issuing agency to contract with a municipal or justice court for purposes of processing parking violations; and WHEREAS, the City desires to utilize the same procedure for the enforcement of Lake Regulation Violations; and WHEREAS, as of July 1, 1993, an administrative review procedure will be established and phased in, and fully implemented by January 1, 1994. NOW, THEREFORE, IT IS HEREBY ORDAINED AS FOLLOWS: Chapter 17.11 is hereby amended in its entirety to provide as follows: SECTION 1: Chapter 10.12 dealing with parking enforcement/violation, collection by the City of fines relating to parking violations and establishment of an Administrative Adjudication Program is hereby added to the Lake Elsinore Municipal Code. r~=: Chanter 10.12 PARKING AND LAKE REGGUALTIONS/ENFORCEMENT/VIOLATIONS Sections: 10.12.010 10.12.020 10.12.030 10.12.040 10.12.,050 10.12'.060 10.12.070 10.12.080 10.1.2.090 10.12.100 10.12.110 10.12.120 10.12.130 Intent and Purpose Enforcement Personnel Parking Violations Included Lake Violations Defined Citations Parking and Lake Regulations Violation Penalties, Late Payment Penalties Removal of Vehicle from Streets Delinquent Violations Notices Authorization to Contract for Parking and Lake Regulation Violation-/Delinquency Notification Contesting of the Parking and Lake Regulation Violation Administrative Review Process Appeal of Administrative Review Process Collection of Unpaid Citations 10.12.010 Intent and Purpose. The intent and purpose of this Chapter is to establish and enforce parking violations; to establish authority for enforcement of the parking violations program, to estab]ish a program for enforcement of Lake Regulations and create an Administrative Adjudication Program for collections of fines and to provide all individuals charged with a violation a forum in which the facts of their case may be reviewed fairly and a disposition rendered in a timely manner. 10.12.020 Enforcement Personnel. The provisions of this Chapter shall be administered and enforced by the Lake Elsinore Police Department (Riverside County Sheriff), Lake Elsinore Code Enforcement personnel, any other employee so designated as the Parking Code Enforcement Officer or Lake Patrol Officer as appointed by the City Manager. Said Personnel are authorized to issue citations for all violations of Chapters 8.44, 9.96.070-180, and 10.12 of the Lake Elsinore Municipal Code. 10.12.030 Parking Violations Include: A. Any vehicle left unattended upon any bridge, street, driveway apron, designated and signed equestrian trail, parkway area in the commercial and industrial zones or in any area which has a concrete sidewalk. >. ,. B. Any vehicle which is parked or left standing in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the street. C. Any vehicle which is illegally parked so as to block the entrance to a private driveway. D. Any vehicle which is illegally parked so as to prevent access by fire fighting equipment to a fire hydrant. E. Any vehicle found stopped, standing, parked or left along any street or street segment established by ordinance or resolution of the City Council as no-parking areas where signs have been installed and curb markings made. 10.12.35 ~ Lake Violations Defined. A. .: Lake regulation violations shall be defined as violations of Lake Elsinore Municipal Code Chapters 8.44 and 9.66.070 through .180 10.12.040 Citations. Citations issued under this Chapter shall include the following information: (as applicable) A. Violation for which citation was written, including a reference to this Section of the Code. B. The approximate time when citation was written. C. The location where the violation occurred. D. Vehicle or Boat License Number and Registration expiration if visible. E. Last four digits of the vehicle identification number or boat CF Number. F. Color and make of vehicle or boat. G. Bail amount and procedure for paying fine or contesting citation H. The parking citation will be placed either under windshield wiper or in another conspicuous place upon the vehicle so as to be easily observed by the person in charge of the vehicle. Lake violation citation shall be personally served on the alleged violator. I. A copy of citation shall be filed with the Finance Department of the City of Lake Elsinore 3 ,. 1' 10.12.050 Parking and Lake Regualtions Violations Penalties. Late Payment Penalties, shall be established by Resolution of the City Council. 10.12.060 Removal of Vehicle from Streets. Any regularly employed and salaried officer of the City, empowered by the City Manager for Traffic Enforcement may remove or cause to be removed: A. Any vehicle that has been parked ~or left standing upon a street, or highway for seventy-two (72) or more consecutive hours. B. Any vehicle which is parked or left standing upon a street or highway where the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or any portion thereof is authorized for the purpose other than the normal flow • of traffic, or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and where the parking of such vehicle would prohibit or .interfere with such use or vehicle may be removed signs are erected or placed at least twenty-four (24) hours prior to the removal. C. The City hereby adopt Section 22658 of the Vehicle Code in its entirety and as amended from time to time, which allows the owner or person in lawful possession of the private property, to, under certain specific circumstances, cause the removal of a vehicle parked on the property to the nearest public garage and/or a citation may be issued for the parking violation. 10.12.070 Delinquent Violation Notices. A. If the payment of the parking violation on Lake Regulation Violation and/or penalty is not received by the date fixed on the notice of violation, the notice of delinquent violation is to be sent to the registered owner of the vehicle or boat. B. The delivery of the notice of delinquent parking and/or Lake Regulation violations(s) shall be by personal service or first-class mail addressed .to the registered owner, as shown on the records of the Department of Motor Vehicles. C. Copy of the parking and/or Lake Regulation violation citation shall be provided with the delinquent violation(s) notice, mailed within 15 days of the due date of the citation. D. If payment of the violation and penalties are not received within the due 4 ~, r: ;' date of the delinquent notice, the Agency will file with the DMV for collection of such fines, payable upon the renewal of the registration for such vehicle or boat. 10.12.080 Authorization to Contract for Parking and Lake Regulation Violation/Delinquency Notification. Under this section, the City Council of the City. of Lake Elsinore may contract with `the County, private vendor~or with another city or county for processing the notices of parking and Lake Regulation violations and notices of delinquent violations, prior to any administrative review process or filing with the courts. 10.12.090 Contesting of Parking and Lake Regulation Violations. If a person contests a notice of parking, Lake Regulation violation, or a notice of delinquent parking violation, the City shall do the following: A. ,Investigate the records and review the circumstances of the citation with the issuing personnel with respect to the contestant's written explanation and reason for contesting the violation. If, based upon the results of the investigation the City finds that the violation did not occur or that the registered owner was not responsible, the. City shall cancel the notice of violation and make a record in writing explaining the reasons for canceling the notice. B. If the person(s) contesting the notice of violation is not satisfied with the decision upon completion of the investigation as outlined above, the person may within fifteen (15) days of the notice of decision, deposit the amount of the penalty and request an administrative review. 10.12.100 Administrative Review Process. An administrative review must be requested by the person contesting the notice of the violation or a notice of delinquent violation in writing, fifteen (15) days after the notice of decision of the City's investigation together with a deposit in the amount of the parking penalty. The Administrative Review Process shall consist of the following: A. The person requesting an administrative review shall indicate to the City whether the review process will be by mail or personal conference. B. If the person requesting an administrative review is a minor, that person shall be permitted to appear at the hearing or admit responsibility for a violation without the necessity of the appointment of a guardian. C. The administrative review shall be conducted before an examiner designated to conduct the review by the City Council or City Manager. 1. The examiner shall demonstrate those qualifications, training, and 5 ~; ~:. objectivity prescribed by the City Council or City Manager as are necessary and which are consistent with the duties and responsibilities set forth in this Chapter. D. The enforcing officer authorized to issue a notice of violation shall not be required to participate in an administrative review. No evidence shall be required other than the notice of violation or copy,' and information received from the Department of Motor Vehicles identifying the registered owner of the vehicle or boat. E. The review shall be conducted in accordance with the written procedure established and approved by the City Council which shall ensure fair and impartial review of contested violations. The Examiner's final decision shall be delivered personally to the person by the examiner or to the person by first-class mail. 10.12.110 " • Anneal of Administrative Review Process. Within twenty (20) days of the mailing of the hearing examiner's decision, an appeal may be filed with a civil court. The court currently.: requires persons filing the appeal to pay a filling fee plus any other applicable court charges and fees. If the court overrules the hearing examiner, the City must refund the filing fee and any part of the parking penalty that the Court may order to be refunded. 10.12.0120 Collection of Unpaid Citations. The City may only follow one of the collection options for an unpaid citation: A. File an itemization of unpaid penalties, administrative and service fees with the DMV for collection with the registration of the vehicle or boat. B. If more than $400.00 dollars in unpaid penalties and fees have been accrued, proof thereof may be filed with the court with the same effect as a civil judgment. The Court may assess costs against the debtor. 1. The City must send a notice by first-class mail informing the person or registered owner that a judgment for unpaid citation, fees, and costs will be entered after thirty (30) days from the mailing of the notice. 2. The notice must advise that execution may be levied against assets, liens may be placed against property, wages may be garnished, and other steps taken to satisfy the judgment. 3. The City may contract with a licensed collection agency to collect the judgment. 6 - ___ - _ .w._..,. C. c registration of the vehicle or boat has not been renewed for sixty (60) days ' ; and the renewal date, and the citation has not been collected by the DMV, the ~~ty may file proof of the unpaid penalties and fees with the court with the same eft'ect as a civil judgment as provided in subdivions B. ~~'.: _1:~ ' 10.12.0130 Effective Date of this Ordinance. This ordinance shall become effective July 1, 1993. The citation process of Parking Enforcement/Lake Regulation Violation Section of the Lake Elsinore Municipal Code shall become operable no later than July 1, 1993. SF.,t~TION 3. CONSTITUTIONALITY: If any section, subsection, sentence, clause ar',~hrase of this ordinance is for any reason held to be unconstitutional, 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 passed this ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. SECTION 4. POSTING AND PUBLICATION: The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall cause the same within fifteen (15) days of its passage to be published and posted at no less than five (5) public places within the City of Lake Elsinore and published in the Sun Tribune. vc..rc.....,. rir ;- v: ~~~' INTRODUCED AND APPROVED upon first reading this 27th day of July, 1993, upon the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WIN1£tER, WASHBURN ~: ,I NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CHERVENY ABSTAIN: COUNCILMEMBERS: NONE AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE GAR ASHBURN,MAYOR PASSED, APPROVED AND ADOPTED this 10_th day of August 1993, by the following vote: VICKI I;YN KASAD, CITY CLERK CITY OF LA E EI,SINORE APPkI"VED AS TO FORM: R. HARPER, 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 27, 1993, and was passed on August 10, 1993, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VI SAD, CITY CLERK CITY OF LA :R FLSINORE (S~?~) 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. 961 of said Council, and that the same has not been amended or repealed. DA~EL': August 11, 1993 VICICI"'?Z?~,AD, CI~iY CLERK CITY Or LAKE EISINORE (SEAL) NO. 962 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSYNORE, AMENDING THE MIINICIPAL CODE BY AMENDING SECTION 17.14.130 (d) 5, REGARDING FENCING. WHEREAS, Section 17.14.130 (D) 5, of the City of Lake Elsinore Municipal Code presently provides for the approval of alternative fencing materials or the waiving of fencing materials entirely; WHEREAS, The City Council of the City of Lake Elsinore deems it to be in the best interest of the City of Lake Elsinore to allow only those fencing materials set forth in Section 17.14.130 (D) 1-4 with only the City Council to waive fencing requirements regardless of size or configuration of a lot; THEREFORE, IT IS HERE BY ORDAINED BY THE CITY COUNCIL AS FOLLOWS: Section 17.14.130 (D) 5, of the City of Lake Elsinore Municipal Code is hereby amended to read as follows: only the City Council may approve alternative materials or waive fencing requirements, especially in hillside areas for large lots. INTRODUCED AND APPROVED UPON FIRST READING this 10th day of August, 1993, upon the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this 24th day of August, 1993, upon the following roll call vote: AYES: COUNCILMEMBERS: CHERVENY, DOP1INGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI PAGE TWO - ORDINANCE NO. 962 ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE LAKE ELSINORE ATTEST« ~'~~^ ''~ V~S/IC,KI',ii::~p,_5 , CITY CLERK APPROVED AS '"O FORM & LEGALITY: JOHN R. HARPER, I Y A RNEY 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 August 10, 1993, and was passed on August 24, 1993, by the following vote: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI KP.SA , 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. 962 of said Council, and that the same has not been amended or repealed. DATED: August 26, 1993 r ~~1 ~~~~ VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 963 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA REZONING .57 ACRES LOCATED APPROXIMATELY 250 FEET NORTH OF THE OF THE INTERSECTION OF SUMMERHILL DRIVE AND RAILROAD CANYON DRIVE, FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE NO. 93-2) KENTUCKY FRIED CHICKEN. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1: Upon the recommendation of the Planning Commission and based upon the Findings adopted hereby with regard to the approval of the Project, the City Council hereby (i) finds that the proposed zone change is necessary to bring the current Zoning into compliance with the adopted General Plan of the City of Lake Elsinore. Section 2: Upon the recommendation of the Planning Commission, the City Council approves the rezoning and reclassification of the project site from R-1 (Single Family Residential) to C-2 (General Commercial) based on the following Findings: 1. The Zone Change, is consistent with the Goals, Objectives and Policies of the General Plan. 2. This request will bring the zoning for the project area into conformance with the General Plan. 3. The proposed Zone Change is not anticipated to result in any significant adverse environmental impacts. Section 3: Zoning Reclassification. The Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property: .57 acres, Parcel No. 1 of Parcel Map No. 17616 Recorded October 29, 1986, Por. Par. 1 MB 139/27-28, Assessor's Parcel Number 363-100- 051. Section 4: This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, UPON FIRST READING this 14th day of September, 1993, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ORDINANCE NO. 963 PAGE TWO PASSED, UPON SECOND READING this 12th day of October, 1993, by the following roll call vote: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, 4dINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI ABSTENTIONS: COUNCILMEMBERS; NONE Y V~ - MAYOR ATTEST: ~~ VICKI L. KASAD, CITY CLERK APPROVED AS TO FORM AND LEGALITY: JOHN HARPER, 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 14, 1993, and was passed on October 12, 1993, by the following vote: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: NONE ABSENT: COUNCILMEMBERS: ALONGI ABSTAIN: COUNCILMEMBERS: NONE (J~!4~ VICKI KASAD, CITY CLERK CITY GF' 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. 963 of said Council, and that the same has not been amended or repealed. DATED: October 13, 1993 IC AD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 964 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE LAGUNA HEIGHTS SPECIFIC PLAN 92-3 (THE WESTERN COMPANY) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, there has been an application by the Western Company, which consists of 1,202 acres, for a mix of residential, golf course, and open space uses along with infrastructure and public service improvements. Laguna Heights is located in the County of Riverside unincorporated area for the most part and entirely within the City of Lake Elsinore's Sphere of Influence. The project site is proposed to be annexed entirely into the City of Lake Elsinore. The site is located west of Grand Avenue and the Brookstone Development in the county. Access to the site is available from Toft Drive, Amorose Street and Patrick Court all off of Grand Avenue. Due notice of public hearing concerning the Specific Plan has been given and public hearing conducted thereon pursuant to State Planning and Zoning Law and local ordinances; WHEREAS, on June 30, 1993, the Planning Commission held a duly noticed public hearing to consider the Laguna Heights Environmental Impact Report (EIR) and Specific Plan and following such public hearing, recommended that the City Council (1) certify the EIR as meeting the requirements of the California Environmental Quality Act and the CEQA Guidelines and as being complete and adequate; and (2) approve the Laguna Heights Specific Plan; and WHEREAS, the City Council held a duly noticed public hearing on August 10, 1993 and September 14, 1993 for the purpose of certifying the EIR and considering the Specific Plan; WHEREAS, pursuant to CEQA, the Final EIR has been prepared, certified and considered by the City Council and has been found to adequately address the general environmental setting of the proposed Project and significant environmental impacts and the alternatives and mitigation measures related to each significant environmental effect to the proposed Project. The City Council has considered the information contained in the EIR prior to approval of the Project. The City Council has adopted Resolution No. 93-52 certifying the EIR which discusses all significant environmental effects and corresponding mitigation measures, together with the Facts, Findings and Statement of Overriding Considerations regarding the environmental effects of the Laguna Heights Specific Plan ("Facts, Findings and Statement of Overriding Considerations") set forth as Attachment "A" to Resolution No. 93-52 and incorporated herein by this reference; WHEREAS, the establishment and implementation of the Specific Plan as submitted, under current circumstances, will not be detrimental to the health, safety, comfort or general welfare of the persons residing in the area of the Project; and WHEREAS, appropriate mitigation measures are incorporated into the Specific Plan to ensure that the concerns identified at this level of planning will be resolved as part of the more detailed subdivision review process which must be completed before development may proceed. NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE THAT: Section 1: All the facts set forth in the Recitals above of this Ordinance are true and correct. Ordinance No. 964 Page two Section 2: The Final EIR has been prepared in compliance with CEQA and the CEQA Guidelines and further, the City Council has reviewed and considered the information contained in the Final EIR and the Mitigation Monitoring Program with respect to the Project and has determined it to be complete and adequate and in compliance with CEQA. As set forth in the Facts, Findings and Statement of Overriding Considerations attached as Attachment "A" to Resolution No. 93-52 and incorporated by this reference, all significant adverse impacts have either been mitigated to acceptable levels or have been found to have been overridden by economic, social or other benefits derived from the Project. Section 3: 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 Specific Plan for the Project area attached hereto as Exhibit "A" and incorporated by this reference, is consistent with the General Plan of the City, (ii) finds that adoption of the Specific Plan is in the public interest, (iii) approves and adopts the Specific Plan based on the following Findings: 1. 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. 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. The Development Regulations contained within the Specific Plan 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 result in significant environmental impacts associated with land use, air quality, biological resources, energy resources, aesthetics, agriculture, seismicity, water quality, traffic, school construction, utilities and services which may be partially mitigated but are anticipated to remain significant upon development of the site as allowed under the General Plan. These impacts are therefore found to be acceptable under the General Plan, specifically the provision of the quality housing opportunities by the City, the anticipated increase in local government revenues generated by project residents and the provision of significant infrastructure improvements, all of which are expected to support local commercial and industrial development efforts and generate measurable benefits to the local economy and fiscal integrity of City government. 5. The proposed location of the plan allows the development to be well-integrated with its surroundings. 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. Except as limited by State law, including SB 1287, the Specific Plan identifies methodologies to allow land use Ordinance No. 964 Page three 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. 10. The Laguna Heights EIR has been prepared, submitted and reviewed in accordance with the requirements of the California Environmental Quality Act and is complete and adequate in that it addresses all environmental effects of the project and discretionary approvals. Section 4: This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, UPON FIRST READING this 14th day of September 1993, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS ALONGI, CHERVENY, DDMINGUEZ, WASHBURN NONE NONE WINKLER PASSED, APPROVED AND ADOPTED UPON SECOND READING this 28th day of September 1993, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS CHERVENY, DOMINGUEZ, WASHBURN NONE ABSENT: COUNCILMEMBERS: ALONGI APPROVED AS TO FORM AND LEGALITY: C71`i'YI~AT4:OBNEY 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 14, 1993, and was passed on September 28, 1993, by the following vote: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI P.BS?'AIN: COUNCILMEMBERS: WINKLER V~r VICKI 1=_EiSAD, C TY CLERK CITY OF LAKE EL.SINORE (SEAL1 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. 964 of said Council, and that the same has not been amended or repealed. DATED: September 30, 1993 VICK SAD, C TY CLERK CITY :;1` LAKE E .SINORE (SEAL) NO. 965 AN ORDINANCE OF THE CITY OF LAKE ELSINORE~ CALIFORNIA, ESTABLISHING DATES FOR GENERAL MIINICIPAL ELECTIONS. WHEREAS, on August 24, 1993, the Lake Elsinore City Council conceptually approved the Consolidation of future General Municipal Elections with other existing election dates, with a primary consideration being cost savings; and WHEREAS, this Consolidation Is respectfully requested of the Riverside County Board of Supervisors based upon the recommendation of the Riverside County Registrar of Voters to that Board, and subject to their approval; NOW, THEREFORE, BE IT ORDAINED, that the General Municipal Election for the City of Lake Elsinore, scheduled for April 12, 1994, has been changed, pursuant to Government Code Section 36503.5, to be held on June 7, 1994 and consolidated with the Statewide Primary Election on that date and that the terms of City officeholders scheduled to end in April, 1994, shall be extended until June, 1994. BE IT FURTHER ORDAINED that following the General Municipal Election of June 7, 1994, subsequent general municipal elections for the City of Lake Elsinore, shall be held on the first Tuesday, following the first Monday of November of each odd-numbered year beginning in 1995; and shall be consolidated with any other election held on that date. Terms of City officeholders elected pursuant to the above provisions shall be as follows: City officeholders elected June 7, 1994, shall serve until no later than the fourth Tuesday following the November 4, 1997 election: City officeholders elected November 7, 1995, shall serve until no later than the fourth Tuesday following the November 2, 1999 election. YT IS FURTHER DIRECTED that the City Clerk shall cause a notice to be mailed to all registered voters in the City informing PAGE TWO - ORDINANCE NO. 965 them of the changes of election date as specified and of the resultant changes in terms of the elected officeholders, pursuant to Section 36503.5(e) of the Government Code of the State of California. IT IS ALSO ORDAINED that Section 2.08.025 shall be added to the Lake Elsinore Municipal Code as follows: 2.08.025 Citp Council Elections. The Lake Elsinore General Municipal Elections (City Council) Elections shall be Consolidated with existing elections beginning with the April, 1994 Election as follows: The April, 1994, election shall be consolidated with the June 7, 1994 Statewide Primary Election. The April, 1996, election shall be consolidated with the November 2, 1995, General Election. All.. subsequent elections shall be held the first Tuesday in November of odd-numbered years. INTRODUCED AND APPROVED UPON FIRST READING this 28th day of September, 1993, upon the following roll call vote: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI ABSTAIN: COUNCILMEMBERS: NONE. PASSED, APPROVED AND ADOPTED UPON SECOND READING this 12th day of October 1993, upon the following roll call vote: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI ABSTAIN: COUNCILMEMBERS: nNONE CITY A TEST: ~/~-- VICKI KASAD, C.TY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM: L ~ JOHN R. E , CITY ATTORNEY 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 for adoption on September 28, 1993, and was passed on October 12, 1993, by the following vote: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI ABS~1'AIN: COUNCILMEMBERS: NONE cA~~~l VICKI KASAD, C-iTY CLERK CITY OF LAKF: ~'LSINORE (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. 965 of said Council, and that the same has not been amended or repealed. DATED° October 13, 1993 VICKI KASP_D, CIT CLERK CITY OF L?1k:E ELSINORE (SEAL) NO. 966 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LARE ELSINORE~ CALIFORNIA, PREZONING 346 ACRES TO 116 ACRES OF R-H RESIDENTIAL HILLSIDE AND 230 ACRES OF R-A RESIDENTIAL AGRICULTURAL, LOCATED NORTH AND EAST OF GRAND AVENUE, WEST OF THE INTERSECTION OF MACHADO STREET (ZONE CHANGE 92-6): WESTERN DESERT CORPORATION THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLAS3IFICATION The 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: 379-020- 033 & 037; 379-030- 003, 009 & 011-022; 379-041- 001-007; 379-042- 001-006; 379- 043- 001-016; 379-044- 001-012; 379-045- 001-015; 379-351- 001- 009; 379-352- 001-020; 387-040- 004, 011 & 012; 387-301- 001- 003; 387-302- 001-005; 387-303- 001 & 002; 387-304- 001-007; 387-311- 001-007; 387-312- 001- 003; 387-313-001; 387-321- 001- 005; 387-322-001 & 002; 387- 323- 001-009; 387-324- 001-003; 387-331- 002-007; 387-332-001 & 002; 387-333- 001-008; 387-342- 001, 002, 004 & 005; 387-343- 001 & 002; 387-351- 001-004; 387-352- 001-008; 387-353- 001- 003; 387-361- 001-004; 387-362- 001-005; 387-363- 001-004; and 387-372-003 from Riverside County designation of R-R, R-1, R-1 18,000, R-A-1 and A-1 to 116 acres of R-H (Residential Hillside) and 230 acres of R-A (Residential Agricultural) on approximately 346 acres, as illustrated in Exhibit "A" attached hereto, and said real property shall hereafter be subject to the provisions and regulations of the Zoning Ordinance relating to property located within such R-H and R-A Zoning Districts. Approval is based on the following: 1. This project is consistent with the Goals, Policies and Objectives of the General Plan. 2. This request will bring the zoning for the project area into conformance with the General Plan. 3. This zone change establishes the necessary pre-zoning for this site. 4. This request will not result in any significant adverse impacts on the environment. Page 2 Ordinance No. 966 SECTION TWO: This Ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 28th day of September, 1993, upon the following vote: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 12th day of October, 1993, upon the following roll call vote: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: ABSENT: ABSTAIN: NONE . ALONGI NONEn M. Washburn, Mayor of Lake Elsinore T: S I i~ Vicki Lynne City of Lak (SEAL) asad, City Elsinore APPROVED AS TO FORM AND LEGALITY: ~~ Jo n Harper, i y Attorney City of Lake inore i .~_. ~_II. ~ -. ' !~ H N w w _~ a 4 .~ a n N m N W a o m 0 z N ~ Z ' z m A o x =mai ., 0 z 8488^888a88Y88°8os7`d7:~:t~`d88a88Y88=asxassxeee~aaCSS2SSSS88a88Y88°-888tl88Ytlp°B::Ge::Lw='eee~oe.ee-. q .~ W E8`888888488°8~a`J`d'dud=e88888Y88=88Y~088P88°BeSLSS2SS2S88888Y88Y82'8988488=2"o'a'veow'o:'e88988Y88°-88898 a -~~~~~#~~~~~esesa'4 ~9~88~88~g~g~8~g~~~~~gg~g~g8~8~~~yy~ -NN7~.'N~7NN~1'RYx~~Y 8~~~~~~~~8~8~g~~~~ 0 ~~ oN -i m x v rn n ~ ~-- m ~ I -[ N O Z T~ ~+ Z r c~ b }~Q~WX3 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 28, 1993, and was passed on October 12, 1993, by the following vote: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI ABSTAIN: COUNCILMEMBERS: NONE VICKI iCAS , CITY LERK CITY OF LAY.E ET~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. 966 of said Council, and that the same has not been amended or repealed. DATED: October 13, 1993 VI nC"I KASAD, CITY CLERK CITY OSF.'LAKE ELSINORE (SEAL) ORDINANCE NO. 967 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PREZONING 199 ACRES TO RURAL RESIDENTIAL AND OPEN SPACE (ZONE CHANGE 93-4), LOCATED ROUGHLY SOUTHWEST OF THE`INTERSECTION OF TOFT DRIVE AND GRAND AVENUE: THE WESTERN COMPANY/LACUNA HEIGHTS 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: 387-020-017; 387-050-008; 387- 280-001; 387-364-001; and 387- 443-013 & 014 to Rural Residential (R-R) and Open Space (OS) on approximately 199 acres, as illustrated in Exhibit "A" 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 OS 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 not result in any significant adverse impacts on the environment. SECTION TWO: This Ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 9th day of November 1993, upon the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NONE NONE ABSTAIN: COUNCILMEMBERS: WINKLER Page 2 Ordinance No. 967 PASSED, APPROVED AND ADOPTED UPON SECOND READING this 23rd day of November 1993, upon the following vote: AYES: COUNCILMEMBERS: ALDNGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER Nu ~~ ry M. Washburn, Mayor ity of Lake Elsinore AT EST: ~. J..l? ~~?i`-C Vicki Lynn Kasad, City Clerk City of Lake Elsinore (SEAL) APP`RO~VED AS TO FORM AND LEGALITY: ~J~~ John Harper, it Attorney City of Lake inore 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 9, 1993, and was passed on November 23, 1993, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOES: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER i VICKI KASAD, CIT CLERK CITY OF LAKE ELSINORE (SEAL) STATE ,OF CF~LIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY tb.at the above and foregoing is a full, true and correct copy of Ordinance No. 967 of said Council, and that the same has not been amended or repealed. DATED: November 24, 1993 C~ , CITY CLERK CITY OF"LAKE ELSINORE (SEAL) ORDINANCE NO. 969 AN ORDINANCB OF THE CITY COIINCIL OF THE CITY OF LARB ELSINORE, CALIFORNIA, AMENDING CHAPTER 5.28.060 OF THE MIINIIOIPAL ^..ODF~ REGARDING FEES <~~R E'~RA) 3t@~@3df'. R $,~~.~Ts~^ 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, THEREFORP, rA i'ii' ORDAINED. BY THE CITY COIINCIL OF THE CITY OF LAKE ELSINORE, as follor~s: Section i. That the foregoing recital is true and correct. Sectic*a 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 remain in fua.l force and effect until amended or repealed by action 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 11. 5.28.170 12. 5.28.180 13. 5.28.190 PAGE TWO - ORDINANCE NO. 969 14. 5.28.200 15. 5.28.210 16. 5.28.220 17. 5.28.230 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 iinvestigation of the appilcant and of all the other matters contained in the application and shall not be returned to the applicant whether said license or permit is granted or denied. B. A quarterly license fee of Five Thousand Dollars ($5,000) plus One Hundred and Seventy Five Dollars ($175.00) 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, wiht a minimum of Seven Thousand Five Hundred Dollars ($7,500), said fee to be paid by the fifteenth day of the month following the end of the calendar quarter. PAGE THREE - ORDINANCE NO. 969 0 - 300,000 - 7,500 300,001 - 500,000 - 7,500 + 2.5'% of excess of S 250.000 500,001 - 1,000,000 - 12,500 + 3.0% of excess of 500,000 . 1,000,001 - 2,000,000 - 27,500 + 3.5 % of excess of 1,000,000 2,000,001 - 3,000,000 - 62,500 + 4.0% of excess of 2,000,000 3,000,001 - 4,000,000 - 102,500 + 4.5 % of excess of 3,000,000 4,000,001 - and over - 147,500 + 5.0% of excess of 4,000,000 D. License 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. INTRODQCED AND PASSED UPON FIRST READING this 23rd day of November, 1993, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this 14th day of December, 1993, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: CHERVENY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE c~ ~ GARY WASHBURN, MAY CITY LAKE ELSINORE ATT V KI KASAD, CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM & LEGALITY: w Y ~'~ JOHN R. HARPER, CI 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 Urgency Ordinance was read for adoption November 23, 1993, and passed on December 14, 1993, by the following vote: AYES: COUNCILMEMBERS: ALONGI, DOMINGUEZ, WINKLER, WASHBURN NOES: CHERVENY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~..C~ VI~KI ICA AD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) STATE OE 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. 969 of said Council, and that the same has not been amended or repealed. DATED:. December 16, 1993 CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 970 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA PERMITTING CLEARING OF BRUSH FOR FIRE PROTECTION PURPOSES. WHEREAS, the City Council of the City of Lake Elsinore (the "City Council") has determined that it is in the best interests of the citizens of the City of Lake Elsinore (the "City") to permit property owners to clear weeds, brush, and other vegetation on their .property for fire protection purposes; and WHEREAS, California Gove~°nment Code Section 25123 provides that an ordinance which is necessary for the immediate preservation of the public peace, health or safety shall take effect immediately; and WHEREAS, The City is subject, particularly during the summer and fall months, to relatively low humidity levels and high temperatures, as documented by the National Climatic Data Center; and WHEREAS, dry weather and dry vegetation have contributed to the loss or damage of life and property in communities with similar climatic conditions; and WHEREAS, Southern California is exposed to drought and Santa Ana winds which create dangerous conditions in the region and create a high potential for fire damage; and WHEREAS, these conditions have recently contributed to the loss and damage occurring in numerous fire in Southern California in 1993, including the Winchester/Lake Skinner fire in which more than 25,000 acres were burned,. 30 homes and 70 other structures were destroyed, and the Old Topanga/Malibu fire in which more than 18,000 acres were burned, 323 homes were destroyed, and 3 lives were lost, in addition to other fires in the Beaumont/Cherry Valley and Riverside areas and many other communities in Southern California; and PAGE TWO - ORDINANCE NO. 970 WHEREAS, weeds, brush, and other vegetation surrounding homes and other structures are contributing causes to the damage and loss of life which occur as a result of these fires; and WHEREAS, the City Council finds that it is necessary for the immediate preservation of the public peace, health and safety to permit property owners to clear such conditions on their own property. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lake Elsinore as follows: Section 1: Notwithstanding any ordinance, resolution or policy of the City to the contrary, any person or entity that is an owner of property in the City may take any measures necessary and appropriate to clear weeds, brush, or other vegetation for fire protection purposes on the owner's property. Such measures may include, but shall not be limited to, disking, scraping, grubbing, mowing, or other methods of clearing to bare ground, but no measure or method which is determined by the City to be dangerous or hazardous to human health or safety shall be permitted to cause clearing. Section 2: Clearing as defined in Section 1 shall be permitted within a distance of up to 100 feet of any structure as defined in the Uniform Building Code (1991 ed.), regardless of whether such structure is located on one's own property or on adjacent property. Section 3: This ordinance shall supersede any other ordinance, resolution or regulation of the City to the contrary, and shall remain in effect for one year from its effective date. Section 4: The Mayor shall sign this ordinance and the City Clerk shall attest to it and shall within 15 days cause it or a summary of it to be published pursuant to Government Code Section 36933. This ordinance shall take effect immediately PAGE THREE - NO. 970 because it is an ordinance for the immediate preservation of public peace, health, and safety. This ordinance begins with recitals declaring the facts constituting the urgency, and is passed by at least a four-fifths vote of the City Council PASSED, APPROVED AND ADOPTED this 23rd day of November, 1993, by the following roll call vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~ `V ARY CITY A TEST: KC I KAS D CITY CLERK , CITY OF LAKE ELSINORE AfPPR~OVED S T FORM: ~V JOHN R. HARPER, TY ATTORNEY CITY OF LAKE ELSINORE ~) ~ ~~ !J~1~~------ 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 and passed on November 23, 1993, by the following vote: AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE \~ ABSTAIN: COUNCILMEMBERS: .NONE l~ VICKI KA , ITY CLERK CITY OF LAK?s 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. 970 of said Council, and that the same has not been amended or repealed. DATED: November 24, 1993 K~.~AD, CITY CLERK CITY OF-LAKE ELSINORE (SEAL).