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HomeMy WebLinkAboutOrd. Nos 1987-781-824n ORDINANCE NO. 781 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, REZONING 1.6 ACRES LOCATED NORTH OF RIVERSIDE DRIVE TO FRASER DRIVE AND WEST OF ST. CHARLES PLACE TO WALNUT DRIVE FROM C-P (COMMER- CIAL PARK) TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE 86-17 - COURTON & ASSOCI- ATES/J. MARK GROSVNER COMPANY). THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoninq Map of the City of Lake Elsinore, Califor- nia, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: Lots 20, 21, 22, 47, 48, 49, .41 acres ML in Lots 23, 24, and 25, and .41 acres ML in Lots 44, 45 and 46 MB 014/071 Howells Elsinore Tract No. 1. (Assessor's Parcel Numbers 379-222-001, -002, 003, -008, -019, -020) from C-P (Commercial Park) to C-2 (General Commercial) Zoning District, 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 Zone. SECTION TWO. This ordinance shall be come effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 23rd day of December, 1986, upon AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: the following roll all vote: DOMINGUEZ, MATSON, VERMILLION, WINKLER STRIGOTTE NONE NONE NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 13th day of January, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE Leo S ri e, Mayor ATTEST: ~~~ Ann Oliver, City Clerk EAL) APPROVED AS 0 FORM AND LEGALITY: Jo n R. Harper, i y Attorney STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) I, Jo Ann Oliver, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on December 23, 1986 and had its second reading on January 13, 1987 and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE (SEAL) STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) OF LAKE ELSINORE I, Jo Ann Oliver, 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. .781 of said Council, and that. the same has not been amended or repealed. DATED: January l4, 1987 ITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 782 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, REZONING 5.13 ACRES LOCATED EAST OF MAIN STREET ON THE NORTH SIDE OF CAMINO DEL NORTE FROM R-1 (HPD) (SINGLE-FAMILY RESIDENDIAL-HILL- SIDE PLANNED DEVELOPMENT OVERLAY) TO C-2 (GEN- ERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE 86-18 - GEORGE AND RUTH KILLIAN). THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, Califor- nia, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: 1.77 acres M/L in Por Block 522 and 3.33 acres M/L in Por Block 521 MB 002/135 SD Smith's Addition to Elsinore (Assessor's Parcel Numbers 377-250-011 and 377-260-006). from R-l-(HPD) (Single-Family Residential-Hillside Planned Devel- opment Overlay) to C-2 (General Commercial) Zoning District and the said real property shall hereafter be subject to the provi- sions and regulations of the Zoning Ordinance relating to proper- ty located within such C-2 Zone. ^ SECTION TWO. This ordinance shall be come effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 13th day of January, 1987, upon t AYES: COUNCILMEN,BERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: he following roll all vote: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NONE NONE NONE PASSED, APPROVED AND ADOPTED UPON. SECOND READING this 27th day of January, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ~ Le J. S 'gotte, Mayor ATTEST: ~ ~ ~r J Ann Oliver, City Clerk ( AL) APPROVED AS TO FORM AND LEGALITY: ~f ohn R. Ha per, ity Attorney STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) I, Jo Ann Oliver, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on Januarv 13, 1987 and had its second reading on Januarv 27. 1987 and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, P1ATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE J NN OLI ER, CITY CLERK ITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. I, Jo Ann Oliver, 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. .782 of said Council, and that the same has not been amended or repealed. DATED: January 30, 1987 ~ ~ ~~~ J .NN OLIVER, CITY CLERK ~TY OF LAKE ELSINORE (SEAL] ORDINANCE NO. 783 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, REZONING 4.59 ACRES LOCATED AT THE NORTH- WEST CORNER OF RIVERSIDE DRIVE AND LINCOLN STREET FROM C-P (COMMERCIAL PARK) TO C-2 (GENERAL COM- MERCIAL) ZONING DISTRICT (ZONE CHANGE 86-20 - BROOKSTONE INVESTORS). THE CITY ..COUNCIL -0F THE CITY OF LAKE ELSINORE, CALI- FORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: :ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, Califor- nia, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: 4.59 acres net in Lot 90 MB 100/023 TR 12360 (Assessor's Parcel Number 379-171-027) from C-P (Commercial Park) to C-2 (General Commercial) Zoning District, 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 Zone. SECTION TWO. This ordinance shall be come effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 27th day of January, 1987, upon t AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: he following roll all vote: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NONE NONE NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10th day of February, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE .ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ATTEST: Ann Oliver, City Clerk (SEAL) Leon tri te, Mayor AP~PRnOn'VE/D AS O FORM AND LEGALITY: John R. Harper, i y Attorney STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. I, Jo Ann Oliver, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on January 27, 1987 and had its second reading on February 10, 1987 and was passed by the following __ vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE J NN OLIVER, CITY CLERK ITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) I, Jo Ann Oliver, 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. 783 of said Council, and that the same has not been amended or repealed. DATED: February 11, 1987 J ANN OLIVER, CITY CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 784 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, REZONING 1.99 ACRES LOCATED ON THE WEST SIDE OF RIVERSIDE DRIVE, APPROXIMATELY 300 FEET SOUTH OF JOY STREET FROM C-P (COMMERCIAL PARK) TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE 86-21 ARTHUR H. NELSON). THE CITY-COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, Califor- nia, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: . .93 acres net in Par 1 and 1.06 acres net in PM 125/046 PM 20208 (Assessor's Parcel Number 379-381-053, 054) from C-P (Commercial Park) to C-2 (General Commercial) Zoning District, 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 Zone. SECTION TWO. This ordinance shall be come effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 27th day of January, 1987, upon t AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: he following roll all vote: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NONE NONE NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10th day of February, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE Le J. Stri tte, Mayor ATTEST: Ann Oliver, City Clerk SEAL) APPR~Oq'VED AS TO FORM AND LEGALITY: 'V~ John R. Harper, ity Attorney STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) I, Jo Ann Oliver, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on January 27, 1987 and had its second reading on February 10, 1987 and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ~cl~c v 22 ANN OLIVER, CITY CLERK ITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) I, Jo Ann Oliver, 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. .784 of said Council, and that the same has not been amended or repealed. DATED: February 11, 1987 0 ANN OLIVER, CITY CLERK CITY OF LAKE ELSINORE (SEAL) NO. 785 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, AMENDING SECTION 17.23.060 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING LOT AREA IN THE R-1 (SINGLE-FAMILY RESIDENTIAL) ZONING DISTRICT, TO REQUIRE A TRANSITION OR BUFFER WHEN ADJACENT PROPERTY IS DEVELOPED AT A LOWER DENSITY OR IS IN A LOWER DENSITY ZONING DISTRICT. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: Section 17.23.060 of the Lake Elsinore Municipal Code is hereby amended to read as follows: "Section 17.23.060 LOT AREA. The minimum lot area for any new lot created in the R-1 District shall be as follows: "A. Interior lots: 6,000 square feet, however, the average lot size for any subdi- vision shall be a minimum of 7,260 square feet. ~'B. Corner lots: 7,700 square feet. "C. Exception: Whenever a lot is adjacent to a lower density zoning district or to an existing developed parcel with a larger lot size than re- quired in the R-1 District, a transition or buffer shall be provided between the adjacent property and a new subdivision, which may include, but is not limited to, lot size, lot width, lot depth, increased setbacks, or slopes. The purpose of this tran- sition shall be to minimize the disparity between different densi- ties of development. .The adequacy of this transition shall be sub- ject to the review and approval of the Planning Commission and City Council on a case-by-case basis." "D. In the implementation of Paragraph C, any change in a lot size which would leave the lot at a size at least seventy-five percent (75~) the size of the largest adjacent developed lot will be pre- sumed appropriate, absent unusual circumstances. Any application to change a lot to a size lower than said seventy-five percent (75~) standard will be permitted only upon a showing of good cause. It is the intent of this paragraph to set a standard but also to allow flexibility." SECTION TWO. This ordinance shall be come effective as provided by law.. INTRODUCED AND APPROVED UPON FIRST READING this 27th day of January, 1987, upon the following roll all vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10th day of February, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ~/ ~ ~ ~ L J. Str' otte, Mayor ATTEST: o nn Oliver, City Clerk (SEAL) APPROVED AS TO FORM AND LEGALITY:. STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) I, Jo Ann Oliver, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on January 27 1987 and had its second reading on February 10, 1987 and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE I~ ~ r J IN OLI ER, CITY CLERK P ITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) I, Jo Ann Oliver, 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. 785 of said Council, and that the same has not been amended or repealed. DATED: February 11, 1987 ANN OLIVER, CITY CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 786 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, REZONING 21.56 ACRES, LOCATED BETWEEN LAKESHORE DRIVE AND WALNUT DRIVE AND APPROXI- MATELY 150 FEET NORTHWESTERLY FROM THE CENTER- LINE OF FRASER DRIVE, FROM C-P (COMMERCIAL PARK) TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE 86-19 - DAVID J. HUARTE). THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, Califor- nia, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: 20.96 acres M/L in Por Lot 12 Block B MB 008/377 SD Map Subs in Elsinore, .39 acres net in Par 1 PM 074/020 PM 13024, and .21 acres net in Par 2 PM 074/020 PM 13024 (Assessor's Parcel Numbers 379-230-006, -008, 009, -010, -011) from C-P (Commercial Park) to C-2 (General Commercial) Zoning District, 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 Zone. SECTION TWO. This ordinance shall be come effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 10th day of February, 1987, upon the following roll all vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 24th day of February, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MATSON ABSTENTIONS: COUNCILMEMBERS: NONE ATTEST: l,~vt~ l J Ann Oliver, City Clerk AL) J Leo trig e, Mayor APPROVED AS TQ FORM AND LEGALITY: STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) I, Jo Ann Oliver, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on February 10, 1987 and had its second reading on February 24, 1987 and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MATSON ABSTENTIONS: COUNCILMEMBERS: NONE J NN OLI ER, CITY CLERK ITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. I, Jo Ann Oliver, 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. .786 of said Council, and that the same has not been amended or repealed. DATED: February 25, 1987 ANN OLIVE CITY CLERK._ CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 787 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 5 OF ORDINANCE NUMBER 720, RELATING TO THE ESTABLISHMENT OF THE PUBLIC SAFETY COMMISSION. THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY ORDAIN AS FOLLOWS: SECTION 1: That Section 5 of Ordinance No. 720 be amended to read as follows: "SECTION 5: TERM OF OFFICE. The members of the Public Safety Commission shall be appointed for a term of two (2) years, said two year term shall commence on July 1 of the respective year in which appointed. Those members of the Public Safety Commission serving as of the date of this amendment, shall serve until July 1, 1987, subject to potential re-appointment pursuant to Section 4." SECTION 2: EFFECTIVENESS. This Ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON FIRST READING this 10th day of February, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: VERMILLION ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 24th day of February, 1987 upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: VERMILLION ABSENT: COUNCILMEMBERS: MATSON ABSTENTIONS: COUNCILMEMBERS: NONE N J S~ RIGO , MAYOR CITY OF LAKE ELSINORE ST: J,6]'Ann Oliver; City C To F,Qrm and Legality: STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) I, Jo Ann Oliver; City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on February 10, 1987 and had its second reading on Februarv 24, 1987 and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: VERMILLION ABSENT: COUNCILMEMBERS: MATSON ABSTENTIONS: COUNCILMEMBERS: NONE (SEAL) STATE OF CALIFORNIA. ) ss. COUNTY OF RIVERSIDE ) ITY OF LAKE ELSINORE I, Jo Ann Oliver, 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. 787 of said Council, and that the same has not been amended or repealed. DATED: February 25, 1987 J ANN OLIVER, CITY CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE 7$$ AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 17.54.030 OF THE LAKE ELSINORE MUNICIPAL CODE BY ADDING GOVERN- MENTAL AND PUBLIC UTILITY FACILITIES TO USES SUBJECT TO A CONDITIONAL USE PERMIT IN THE C-M (COMMERCIAL MANUFACTURING) ZONING DISTRICT. (ZONE CHANGE 86-23 - INDUSTRIAL CONCEPTS 2 - ART NELSON). THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE. Section 17.54.030 of the Lake Elsinore Municipal Code is hereby amended by adding subsection "T" to read as follows: "T. Governmental and public utility facilities, provided they comply with standards appro- priate to the use, including parking." SECTION TWO. This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 24th day of February, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MATSON ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10th day of March, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: DOMINGUEZ, VERMILLION, WINKLER, STRIGOTTE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: MATSON ATTEST: ~~4 Ann Oliver, City Leon trig te, Mayor APPROVED AS TO FORM AND LEGALITY: .- Harper, rney STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) I, Jo Ann Oliver, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on February 24, 1987 and had its second reading on March 10..1987 and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, VERMILLION, WINKLER, STRIr,OTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: MATSON (SEAL) STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) NN OLIVER, CITY CLERK CITY OF LAKE ELSINORE I, Jo Ann Oliver, 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. 788 of said Council, and that the same has not been amended or repealed. DATED: March 11, 1987 u 0 ANN LIVER, CITY CLERK CITY OF LAKE ELSINORE (SEAL) ORDINANCE NO. 789 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, REZONING 1.54 ACRES LOCATED AT THE NORTH- EAST CORNER OF RAILROAD CANYON ROAD AND GRAPE STREET, FROM C-P (COMMERCIAL PARK) TO C-2 (GEN- ERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE 86-22 - BROOKSTONE INVESTORS). THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, Califor- nia, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: .94 acres M/L in Por Blocks 1 and MB 002/102 SD S A Stewarts Addition to Elsinore and .61 acres M/L in Por NE 1/4 of Sec 9 T6S R4W. (Assessor's Parcel Numbers 363-140-029 and 052) from C-P (Commercial Park) to C-2 (General Commercial) Zoning District 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 Zone. SECTION TWO. This ordinance shall be come effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 24th day of March, 1987, upon the following roll all vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER. STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 14th day of April, 1987, up AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS: on the following roll call vote: DOMINGUEZ, MATSON, VERMILLION, WINKLER STRIGOTTE NONE NONE NONE ~~ Le Str' tte, ayor A TEST: APPROVED AS T FORM AND LEGALITY: Vtc<t Lynne sa ,City Clerk Jo n R. Harper, C ty Attorney (SEAL) STATE OF .CALIFORNIA ) SS: COUNTY OF ORANGE ) I, Vicki Lynne Kasad, City Clerk of the City of LakerElsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on March 24, 1987 and had its second reading on April 14, 1987 and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: BONE VICKI LYNNE AD, C CITY OF LAKE SINORE (SEAL) STATE OF CALIFORNIA ) SS: COUNTY OF ORANGE. ) I, Vicki Lynne 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. 789 of said Council, and that the .same has not been amended or repealed. DATED: April 15, 1987 r CKI LYNNE S ,CITY CLERK CITY OF LAKE EL INORE (SEAL) CITY OF LAKE ELSINORE ORDINANCE N0. 790 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE LAKE ELSINORE MUNICIPAL CODE BY ADDING CHAPTER 3.32 RELATING TO ESTABLISHMENT OF A FEE AND SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 3.32 of the Lake Elsinore Municipal Code is hereby added to read as follows: "Chapter 3.32 FEE AND SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM "Sections 3.32.010 Intent 3.32.020 Delegation of Authority and Direction to City Manager 3.32.030 Costs Reasonably Borne Defined 3.32.040 Schedule of Fees and Service Charges 3.32.050 Public Meeting 3.32.060 Provision of Data 3.32.070 Appeal to City Council 3.32.080 Severability "3.32.010 Intent. Pursuant to Article XIIIB of the California Constitution, it is the intent of the City Council to require the ascertainment and recovery of costs reasonably borne from fees and charges levied therefor in providing the regulation, products or services hereinafter enumerated in this Chapter. "3.32.020 Delegation of Authority and Direction to City Manager. The City Manager is hereby delegated the authority and directed to adjust fees and charges to recover the percentage of costs reasonably borne in providing the regulation products or ser- vices enumerated in this Chapter in the percentage of costs reason- ably borne and on the schedule of rate review and revision as herein- after established in this Chapter. "Costs reasonably borne" shall be as defined in Section 3.32.030. In adjusting fees and charges, the City Manager shall act in an administrative and ministerial capacity and shall consider only the standards and criteria established by this Chapter. "3.32.030 "Costs Reasonably Borne" Defined. "Costs reasonably borne," as used and ordered to be applied in this Chapter are to consist of the following elements: A. All applicable direct costs including, but not limited to salaries, wages, overtime, employee fringe benefits, services and supplies, maintenance and operation expenses, contracted services, special supplies, and any other direct expense incurred. -~ B. All applicable indirect costs including, but not restricted to, building maintenance and operations, equipment maintenance and operations, communications expenses, computer costs, printing and reproduction, and like expenses when distributed on an accounted and documented rational proration system. C. Fixed assets recovery expenses, consisting of depreciation of fixed assets, and additional fixed asset expense recovery charges calculated on the current estimated cost of replacement, divided by the approximate life expectancy of the fixed asset. A further addi- tional charge to make up the difference between book value deprecia- tion not previously recovered and reserved in cash and the full cost of replacement, which also shall be calculated and considered a cost so as to recover such unrecovered costs between book value and cost of replacement over the remaining life of the asset. D. General overhead, expressed as a percentage, distributing and charging the expenses of the City Council, City Manager, Finance Department, City Clerk, City Treasurer, City Attorney's Office, Community Promotion, Personnel Office, and all other staff and support service provided to the entire City organization. Overhead shall be prorated between tax-financed services and fee- financed services on the basis of said percentage so that each of taxes and fees and charges shall proportionately defray such overhead costs. E. Departmental overhead, expressed as a percentage, distribu- ting and charging the cost of each department head and his or her -supporting expenses as enumerated in subsections A, B, and C of this Section. F. Debt service costs, consisting of repayment of principal, payment of interest, and trustee fees and administrative expenses for all applicable bond, certificate, or securities issues or loans. Any required coverage factors of added reserves beyond basic debt service costs also shall be considered a cost if required by covenant within any securities ordinance, resolution, indenture or general law applicable to the City. "3.32.040 Schedule of Fees and .Service Charaes. The City Manager, Finance Director and each City department head, under the direction of the City Manager, shall review the fees and service charges listed following, on the schedule of frequency listed in this Section, and set and adjust the fee or charge schedule so as to recover the listed percentage of costs reasonably borne necessary to provide the listed regulation, products or services. Percentage of Costs Regulation, Products Reasonably Borne Review Or Service To be Recovered Schedule Development Services: 1. Building Plan Check 100% Annual 2. Building Inspection 100% Annual 3. Sign Review 100% Annual 4. Subdivision Inspection 100% Annual 5. Engineering Permit Inspection 100% Annual 6. Utility Inspection 100% Annual 7. Public Improvement Inspection 100% Annual 8. Subdivision Plan Checking 100% Annual 9. Final Tract/Parcel Map Check 100% Annual 10. House Moving Review 100% Annual 11. Grading Plan Check Fees 100% Annual 12. Traffic Marking Study Request 100% Annual 13. Flood Hazard Review 100% Annual 14. Extension of Map Approvals 100% Annual 15. Parcel Information 100% Annual 16. General Plan Review & Revision 100% Annual 17. Zone Change Review 100% Annual 18. Variance Review 100% Annual 19. Conditional Use Review 100% Annual 20. Site Plan Review 100% Annual 21. Tentative Parcel Review 100% Annual 22. Tentative Tract Review 100% Annual 23. Appeal Processing 100% Annual 24. Plans Revision Review 100% Annual 25. Review of Annexation Request 100% Annual 26. Daycare Review & Inspection 100% Annual 27. Lot Line Adjustment Review 100% Annual 28. Lot Merger Review 100% Annual 29. Compliance Certification 100% Annual 30. Right-Of-Way Abandonment Review 100% Annual 31. Negative Declaration Review 100% Annual 32. Environmental Impact Review 100% Annual 33. Special Event Services 100% Annual 34. Specific Plan Review 100% Annual 35. Development Agreement Review 100% Annual 36. Landscape Plans Review 100% Annual 37. Camping Application Review 100% Annual 38. Project Eligibility Review 100% Annual Percentage of Costs Regulation, Products Reasonably Borne Review Or Service To be Recovered Schedule Public Safetv Services: 39. City Code Enforcement 45% Annual 40. Traffic Code Enforcement 50% Annual 41. Parking Enforcement 25% Annual 42. Business Use Review & Inspection 100% Annual 43. Animal Regulation 15% Annual 44. Regulatory Inspection & Review 100% Annual 45. False Alarm Response 100% Annual Human Services: 46. Adult Group Field Rental Maint. To be determined Annual 47. Youth Group Field Rental Maint. To be determined 48. Community Center Rental Maint. 50% Annual 49. Center Class Rental Maintenance 50% Quarterly 50. Senior Citizen Services 0% Annual 51. Transit Operations 10.6% Annual Maintenance Services: 52. Utility Street Usage 100% Annual 53. Refuse Collection Street Usage 100% Annual 54. Landscape/Lighting Service September, 1987: Annually thru 25% 1972 Act September, 1988: Assessment Dt 50% September, 1989: Annually thru 75% 1972 Act September, 1990: Assessment Dt 100% 55. Street Sweeping Services 100% Annual 56. Street Tree Maintenance September, 1987: Annually thru 25% 1972 Act September, 1988: Assessment Dt 50% September, 1989: Annually thru 75% 1972 Act September, 1990: Assessment Dt 100% 57. Storm Drain Maintenance January, 1988: Annually thru 50% 1972 Act January, 1989: Assessment Dt 100% 58. Unpaved Street Maintenance 100% As Maintnce Requested 59. Vacant Lot Weed Removal 100% Annual Administrative Services: 60. Library Building Rental by contract Annual 61. School Admin. Bldg. Rental 100% Annual 62. Chamber/Commerce Bldg Rental 100% by contract Annual for services 63. NSF Check Processing 100% Annual 64. Sale of Maps & Publications 100% Annual 65. Document Copying 100% Annual 66. Document Certification 100% Annual 67. Records Research Service 100% Annual 68. District Risk Mgmt Services 100% Annual 69. Redevelopment Operations Admin Overhead Rate Annual 70. Redevelopment Project Admin Overhead Rate Annual New Services 100% At Inception A Minimum Fee of $l0 shall be charged in all instances except in the cases of numbers 46, 47, 50, 64 and 65 hereof. The hereinabove services as listed in this section shall be as defined in that certain document entitled "Cost Control System For The City of Lake Elsinore" dated December, 1986, as produced by Management Services Institute. All fees and charges set pursuant to this Chapter and Section shall take effect ten {10) days after the City Manager signs an executive order stipulating that all provisions of this Chapter have been complied with, and no written appeal has been filed. The schedule of frequency of rate adjustments may be varied by the City Manager to adjust revenues sufficient to meet debt service cov- erage requirements of any bond, certificate, or ordinance, resolu- tion, indenture, contract, or action under which securities have been issued by the City which contain any coverage factor requirement. "3.32.050 Public Meetina. Pursuant to the requirements of California Government Code Section 54992, the City Clerk shall cause notice to be provided as set out in said Government Code Section 54992, and the City Council shall receive at a public meeting oral and written presentations concerning the fees and charges proposed for those categories of fees and charges set out in Government Code Sections 54990 and 54991. Such notice, oral and written presentation receipt, and public meeting shall be provided by the City Council prior to the City Manager taking any action on any new or increased fees or charges for those categories set out in said Government Code Sections 54990 and 54991 and Section 3.32.040 hereof. "3.32.060 Provision of Data. Pursuant to Section 54992 of the California Government Code, the City Manager shall, at least ten (10) days prior to the required public meeting set out in said Government Code Section, make available to the public data indicating the cost, _ or estimated cost required to provide the services set out in Govern- ment Code Section 54990 and 54991. "3.32.070 Abpeal to Citv Council. Any person who feels that any fee or charge determined and set by the City Manager is in excess of the percentage of costs reasonably borne to be recovered as set out in Section 3.32.040, or that such fee or charge has been reviewed prior to or has not been reviewed within the review schedule as set out in Section 3.32.040, may appeal in writing to the City Council. No fee for which an appeal has been filed shall take effect until heard by the City Council. Such appeal shall be placed on the agenda of the next ensuing Council meeting after receipt of such appeal, and heard at the next ensuing Council meeting. Such appealed fee or charge shall take effect immediately upon hearing by the City Council unless ordered otherwise by ordinance amending this Chapter." SECTION 2. Severability. If any portion of this Chapter is found to be unconstitutional or invalid, the City Council hereby declares that it would have enacted the remainder of this chapter regardless of the absence of any _ such invalid part. SECTION 3. Repealer. All Ordinances, Municipal Code Sections, Resolutions, City Council Motions,. and all actions of all City Boards and Commissions in con- flict herewith are hereby repealed. The fees and charges established by this Chapter shall supersede all previously established fees or charges for the same regulation, product or service, and all such previous fees and charges are hereby repealed on the effective date of the executive order of the City Manager provided in Section 3.32.040 hereof. SECTION 4. Effective Date. This ordinance shall take effect and be in force sixty (60) days after its passage. SECTION 5. Certification. This ordinance shall be published one (1) time in the Sun Tribune Newspaper within fifteen (15) days after its adoption. INTRODUCED AND PASSED UPON FIRST READING this 24th day of March, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this 1987 BY THE FOLLOWING VOTE: 14th day of April AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ATTEST: ~~ t~ tiY ~`i Vicki Lynn' Kasad, City Clerk City of ake Elsinore Approved as to form and legality W . John Harper, C't Attorney eon igotte ayor City Lake Elsinore STATE OF CALIFORNIA ) SS: COUNTY OF ORANGE ) I, Vicki Lynne Ka sad, City Clerk of the City ~f<gYake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had i'-~if?irst reading on March 24, 1987 and had its secor~d.reading on April 14, 1987 and was passed b~x'i~e following vote: AYES: COUNCILPIEMBERS: DOP1INGUEZ, MFlTSON, VERMILLION, 4dINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILP4EMBERS: NONE ~ i , CITYyOF LAKE'eLSINORE (SEAL) STATE OF CALIFORNIA ) SS: COUNTY OF ORANGE- ) I, Vicki Lynne Ka sad, 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. 790 of said Council, and that the same has not been amended or repealed. DATED: April 15, 1987 (SEAL) ORDINANCE NO. 791 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RESCINDING EXISTING CHAPTER 64 OF TITLE ],5 OF THE LAKE ELSINbRE MUNICIPAL CODE AND ADDING A NEW CHAPTER 64 TO TITLE 15 TO SAID CObE WHICH SHALI BE KNOWN AS "FLOOD HAZARD AREAS." ~ ~_ J THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: In order to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, comfort, and general welfare; and In order to insure reasonable protection of human life and property from flood hazards; and In order to comply with recent changes to the Federal Emergency Management Agency (F.E.M.A.) Floodplain Management Criteria, and to assure continued City participation in the National Flood Insurance Proqram; Existing Chapter 64 of Title 15 of the Lake Elsinore Municipal Code is hereby rescinded in its entirety and a new Chapter 64 of Title 15, as contained in Exhibit "A," attached hereto and made a part hereof, is hereby added to said Code, and shall be known and may be cited as the "Flood Hazard Areas" Ordinance. SECTION TWO: This ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON FIRST READING this 24th day of March, 1987, upon the following. roll call vote: AYES: COUNCILMEMBERS: Dominguez, Matson, Winkler and Strigotte NOES: COUNCILMEMBER: Vermillion ABSENT: None ABSTENTIONS: None -1- PASSED, APPROVED AND ADOPTED UPON SECOND READING this 14th day of April, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: Dominguez, Matson, Winkler and Strigotte NOES: COUNCILMEMBERS: Vermillion ABSENT: None i ABSTENTIONS: None Leo' Stri tte, Mayor AT EST: Vicki L. Kasad, City Clerk (SEAli) APPROVED AS TO FORM AND LEGALITY: John R. Harper, 'ty Attorney -2- CHAPTER 15.64 FLOOD HAZARD AREAS Sections• 15.64.010 Intent. 15.64.020 Compliance. 15.64.030 Applicability. 15.64.040 Definitions. .15.64.050 Basis for establishing the areas of special floor hazard. 15.64.060 Development permit. 15.64.070 Administration--Designated. 15.64.080 Administration--Duties of City Engineer and Chief Building Official. 15.64.090 Standards of construction. 15.64.100 Standards for storage of materials and equipment. 15.64.110 Standards for utilities. 15.64.120 Standards for subdivisions. 15.64.130 Standards for manufactured homes and manufactured home parks and subdivisions. 15.64.140 Floodways. 15.64.010 Intent. If the Lake Elsinore flood hazard area continues for residential use, it would be impossible to insure reasonable protection for human life or property. The City is a member of the National Flood Insurance program and has enacted Resolution Number 77-30 implementing that program. The future issuance of permits for construction or restoration of residen- tial structures in the flood hazard area is not in the best interest of the public safety and welfare. The City desires safe environment for its residents and to provide construction standards for non-residential structures, therefore, the pro- visions of this chapter shall govern development in flood hazard areas. 15.64.020 Compliance. No structure or land shall hereafter be developed, altered or modified in any way without full compliance with the terms of this chapter and other applicable regulations. 15.64.030 Applicabili~. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the City of Lake Elsinore. 15.64.040 Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give the meaning they have in common usage and to give this chapter its most reasonable application. A. "Appeal" means a request for a review of the City Engineer's or Chief Building Official's interpretation of any provision of this chapter or a request for a variance. B. "Area of shallow flooding" means a designated AO or VO zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is un- predictable and indeterminate; and, velocity flow may be evident. C. "Area of special flood hazard" means the land in the flood- plain within a community subject to a one percent (1~) or greater chance of flooding in any given year. This area is designated as an A, AO, AH, Al-30, VO and VL-30 zone on the FIRM. D. "Base flood" means the flood having a one percent (1%) chance of being equaled or exceeded in any given year. Exhibit "A" E. "Development" means any man-made change to improved or unim- proved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. F. "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland waters; and/or 2. The unusual and rapid accumulation of runoff of surface waters from any source. G. "Flood Boundary Floodway Map" means the official map on which the Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. H. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. I. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood pro- files, the FIRM, the Flood Boundary Floodway Map,- and the water surface elevation of the base flood. J. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. The floodway is delineated on the Flood Boundary Floodway Map. K. "Lowest Floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance. L. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes the term "manufactured home" also in- cludes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "Manufactured home" does not include park trailers, travel trailers, and other similar vehicles. M. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale. N. "New construction" means structures for which the start of construction commenced on or before the effective date of the ordinance codified in this chapter. O. "New manufactured home park or manufactured home subdivision" means a parcel, or contiguous parcels, of land divided into two (2) or more manufactured home lots for rent or sale for which the construction of facilities or servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after placement of permanent construction. P. "Other improvement" means any repair, construction or improve- ment of any structure. Q. "Start of Construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, place- ment, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the.. installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. R. "Structure" means a walled roofed building or manufactured home that is principally above ground. S. "Substantial improvement" means any repair, construction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50~) of the market value of the struc- ture either: 1. Before the improvement is started; or 2. If the structure has been damaged and was being restored before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the exter- nal dimensions of the structure. The term does not, however, include either: a. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or b. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. T. "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. 15.64.050 Basis for establishina the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of Lake Elsinore," dated March, 1980, with an accompanying Flood Insur- ance Rate Map is adopted by reference and declared to be a part of this chapter. The Flood Insurance Study is on file at City Hall, 130 South Main Street, Lake Elsinore, California. 15.64.060 Development permit. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 15.64.140. Application for a development permit shall be made on forms furnished by the Community Development Department. 15.64.070 Administration--Desianated. The City Engineer and Chief Building Official are appointed to administer and implement this chapter by granting or denying development permit applica- tions in accordance with its provisions. 15.64.080 Administration--Duties of Citv Enaineer and Chief Buildina Official. Duties of the City Engineer and Chief Build- ing Official shall include, but not be limited to: A. Permit Review. 1. Review of all development permits to determine that the permit requirements of this chapter have been satisfied; 2. Review all permits to determine that the site is reasonably safe from flooding; 3. Review all development permits to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not in- crease the water surface elevation of the base flood more than one (1) foot at any point in the City of Lake Elsinore floodplain. B. Use of Other Base Flood Data. The City Engineer and Chief Building Official shall obtain, review, and reason- ably utilize any base flood elevation data available from a federal, state or other source, in order to administer Sections 15.64.090 through 15.64.140. C. Information to be Obtained and Maintained. Obtain and maintain for public inspection and make available as needed for Flood Insurance Policies: 1. The certified elevation required in Section 15.64.090.01 and 3; 2. The certification required in Section 15.64.090.02; 3. The floodproofing certification required in Section 15.64.090.D2c; 4. The certified elevation required in Section 15.64.120.B; D. Alteration of Watercourses. 1. Notify adjacent communities and the State of California Department of Water Resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Admin- istration; 2. Require that the flood-carrying capacity of the altered or relocated portion of the watercourse is maintained. 15.64.090 Standards of construction. In all areas of special flood hazards, the following standards are required: A. Anchoring. 1. All new construction and other improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. 2. All manufactured homes shall meet the standards of Section 15.64.130. B. Construction Materials and Methods. 1. All new construction and other improvements shall be constructed with materials and utility equipment resistant to flood damage. 2. All new construction and other improvements shall be constructed using methods and practices that minimize flood damage. C. Elevation of Residential Structures. 1. New construction and other structural member improve- ments including foundation of any structure except in flood hazard zones AO and A shall have the foundation elevated to or above the base flood elevation. Upon completion of the structure, the elevation of the foundation shall be certified by a registered profes- sional engineer or surveyor and provided to the offi- cial set forth in Section 15.64.080.0. 2. New construction and substantial. improvement of any structure in flood hazard zone AO shall have the low- est floor elevated to or above the depth number speci- fied on the FIRM. Upon completion of the structure, a registered professional engineer shall certify that the elevation of this structure meets this standard and provided to the official set forth in Section 15.64.080.0. 3. New construction and substantial improvement of any structure in flood hazard zone A shall have the low- est floor elevated to or above the base flood eleva- tion. When the base flood elevation has not been determined, the City Engineer and Chief Building Official shall obtain, review and reasonably utilize any base flood elevation data available from a fed- eral, state or other source to determine this eleva- tion. Upon completion of the structure, the eleva- tion of the foundation shall be certified by a regis- tered professional engineer or surveyor and provided to the officials set forth in Section 15.64.080.0. 4. All manufactured homes to be placed or substantially improved within Zones Al-30, AA, and AE shall be elevated on a permanent foundation such that the low- est floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of Section 15.64.130. D. Elevation and Floodproofing of Nonresidential Structures. New construction and substantial improvement of any nonresidential structure including foundation shall have the lowest floor elevated to or above the base flood elevation; or Together with attendant utility and sanitary facili- ties: a. Be floodproofed so that below the base flood level the structure is watertight with walls impermeable to the passage of water, b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy, and c. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection, and a record of such certificates which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained with the City Engineer and Chief Building Official as set forth in Section 15.64.080.03 E. Enclosure of Areas Below the Base Flood Elevation. 1. For all new construction and substantial improvements, subject to flooding, fully or partially enclosed areas below the lowest floor shall be prohibited. 15,.64.100 Standards for storaae of materials and eauipment. A. The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be in- jurious to human and animal plant life is prohibited. B. Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. 15,.64.110 Standards for utilities. A. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infil- tration of floodwaters into the system and discharge from systems into floodwaters. B. All septic tanks, cesspools, leach lines and seepage pits require written approval from the county department of health, and shall be located to avoid impairment to them or contamination from them during flooding. 15„64.120 Standards for subdivisions. A. All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood. B. All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or sur- veyor and provided to the official as set forth in Section 15.64.080.04. C. All subdivision proposals shall be consistent with the need to minimize flood damage. D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. E. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. 15 64.130 Standards for manufactured homes and manufactured home ~~ks and subdivisions. A. New, Expanded or Repaired Manufactured Home Parks and Manufactured Home Subdivisions. The following standards are required for new manufactured home parks or subdivi- sions; expansions to existing manufactured home parks or subdivisions; and repair, reconstruction, or .improvements to existing manufactured home parks or subdivisions: 1. Adequate surface drainage and access for a hauler shall be provided. 2. All manufactured homes shall be placed so that the lowest floor of the manufactured home is at or above the base flood level. 3. Manufactured homes, except in flood hazard zones A and AO shall have wheels and hitches intact to facilitate moving in case of flooding. 4. Manufactured homes in flood hazard zones A and AO shall meet the anchoring requirements of subsection C of this section. B. Existing Manufactured Home Parks or Subdivisions. 1. Manufactured homes places in existing manufactured home parks or subdivisions shall be placed so that the lowest floor of the manufactured home is at or above the base flood elevation. 2. Same as subsection A3 of this section. 3. Same as subsection A4 of this section. C. .Anchoring Standards. All manufactured homes and additions to manufactured homes shall be anchored to resist flota- tion, collapse, or lateral movement by one of the follow- ing methods: 1. By providing an anchoring system designed to withstand horizontal forces of twenty-five (25) pounds per square foot and up lift forces of fifteen (15) pounds per square foot; 2. By providing over-the-top and frame ties to ground anchors. Specifically: a. Over-the-top ties to be provided at each of the four (4) corners of the manufactured home, with two (2) additional ties per side at intermediate locations, with manufactured homes less than fifty feet (50') long requiring only one (1) additional tie per side, b. Frame ties to be provided at each corner of the home with five (5) additional ties per side at intermediate points, with manufactured homes less than fifty feet (50') long requiring only four (4) additional ties per side, and c. All components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds. D. No manufactured home shall be placed in a floodway. 15.64.140 Floodwavs. hazard established in floodways. Since the to the velocity of fly jectiles, and erosion apply: Located within areas of special flood Section 15.64.030 are areas designated as floodway is an extremely hazardous area due ~odwaters which carry debris, potential pro- potential, the following provisions shall A. Prohibit encroachments, including fill, new construction, other improvements and development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of base flood discharge; B. Prohibit the placement of any manufactured homes; C. If subsections A and B of this section are satisfied, all new construction and other improvements shall comply with all applicable flood hazard reduction provisions of Sec- tion 15.64.090 through 15.64.140. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on April 14, 1987, and had its second reading on April 28, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: (~~ex'~,wti\ VICKI LYNNE SAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) VERMILLION NONE NONE I, Vicki Lynne 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. 791, of said Council, and that the same has not been amended or repealed. DATED: April 28, 1987 VICKI LYNNE AD, CI Y CLERK CITY OF LAKE SINORE (SEAL) NO. 792 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, REZONING APPROXIMATELY 15 ACRES ON THE SOUTHWESTERLY CORNER OF RIVERSIDE DRIVE AND COLLIER AVENUE FROM M-1 (LIMITED COMMERCIAL) TO C-M (COMMERCIAL MANUFACTURING) ZONING DISTRICT (ZONE CHANGE 87-1 - ROBERT WONG) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING The Zoning Map of the City of Lake Elsinore, Califor- nia, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: Approximately 15 acres on the southwest- erly corner of Riverside Drive and Collier Avenue, southwest 1319.67 feet along River- side Drive and southeast 990 feet along Collier Avenue and to a depth of 330 feet (net) on portion of 20 acres and on portion of 10 acres in Por Lot 6 Block A MB 008/377 SD Map Subs in Elsinore. (Portions pf Assessor's Parcel Numbers 377-120-001, 002) from M-1 (Limited Manufacturing) to C-M (Commercial Manufactur- ing) Zoning District, and the said real property shall hereafter be subject to the provisions and regulations of the Zoning Ordi- nance relating to property located within such C-M Zone. SECTION TWO. This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 14th day of April, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: Dominguez, Vermillion, Matson, Winkler and Strigotte NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTENTIONS: COUNCILMEMBERS: None // // // -1- PASSED, APPROVED AND ADOPTED UPON SECOND READING this 28th day of April, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DDMINGUEZ, MATSON, VERMILLIDN, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE Le J. Stri otte, Mayor ATTEST: Vicki L. Kasad, City C erk (SEAL) APPROVED AS TO FORM AND LEGALITY: V~I Jo n R. arper, i y Attorney -2- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on April 14, 1987, and had its second reading on April 28, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: (~ CKI YNNE AD, CITY CLERK CITY OF LAKE SINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) NONE NONE NONE I, Vicki Lynne 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. 792, of said Council, and that the same has not been amended or repealed. DATED: April 28, 1987 ' \ ( ~~/~= VICKI LYNNE KAS , C T CLERK CITY OF LAKE EL NORE (SEAL) ORDINANCE N0. 793 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING AN URGENCY ORDINANCE AMENDING CHAPTER 17.94 OF THE LAKE ELSINORE MUNICIPAL CODE RELATING TO OFF-SITE ADVERTISING. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY FINDS THAT: 1. There is an imminent threat of the erection of additional billboards which constitutes a current and immediate threat to the public, health, safety, and welfare as defined in the purpose of Chapter 17.94 of the Municipal Code, which establishes regulations regarding signs and advertising struc- tures. 2. The proposed amendment will not be (1) detrimental to the health, safety, comfort, or general welfare of the persona... residing or working within the neighbor- hood of the proposed amendment or within the City, (2) injurious to property o~ improvements in the neighborhood or within the City. 3. The proposed amendment will be consistent with the latest General Plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE. Urgency. This urgency ordinance is deemed necessary to to protect the public, health, safety, and welfare pursuant to California Government Code Section 36934. SECTION TWO. Section 17.94.100.I. shall be amended through the addi- tion of a sentence at the end of the. existing subsection to read i7 its entirety as follows: Section 17.94.100 - Prohibited Sians. "I. Any off-site advertising, including billboards, except as otherwise provided in this chapter, in Sections 17.94.130 and 17.94.170. This section does not include signage for purposes of non-commercial speech." SECTION THREE. This ordinance shall become effective upon its adoption. PASSED, APPROVED AND ADOPTED this 12th day of May, 1987, upon the following roll call vote: AYES: COUNGILMEMBERS: OOMINGUEZ, MATSON, VERMILLION; STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WINKLER ABSTENTIONS: COUNCILMEMBERS: NONE Le J. St 'gotte, Mayor ATTEST: ~/ f Vicki Lynn Kasad, City Clerk (SEAL) APPROVED AS TO FORM AND LEGALITY: John R. Harper, City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on May 12, 1987, and had its second reading on May 12, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: 1 f w ~/~-Q~~ VICKI Ll!NNE SAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) DOMINGUEZ, MATSON, VERMILLION, STRIGOTTE NONE WINKLER NONE I, Vicki Lynne 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. 793, of said Council, and that the same has not been amended or repealed. DATED: ~ J~~ VICKI LY CITY OF May 13, 1987 w~~~ NNE SAD, CITY C~^ LERK` LAKE ELSINORE (SEAL) ORDINANCE NO. 794 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE 1987 EDITION OF THE NATIONAL ELECTRICAL CODE AND UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE 1987, REPEALING IN ITS ENTIRETY CHAPTER 15.38 AND 15.40 OF, AND ADDING CHAPTER 15.38 TO, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO THE NATIONAL ELECTRICAL CODE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. CHAPTER 15.38 of the "Lake Elsinore Municipal Code" is repealed. SECTION 2. Chapter 15.38 is added to the "Lake Elsinore Municipal Code" to read as follows: CHAPTER 15.38 NATIONAL ELECTRICAL CODE 15.38.010 ESTABLISHED. The "National Electrical Code 1987 Edition," and the "Uniform Administrative Code provisions for the National Electrical Code 1987 Edition" which are promulgated and published by the International Conference of Building Officials, and National Fire Protection Agency (NFPA) one copy of each of which has been filed, and is on file in the office of the City Clerk for public inspection are adopted with the same force and effect as though set out herein in full. 15.38.020 CHANGES AND ADDITIONS TO THE NATIONAL ELECTRICAL CODE AND UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE 1987 EDITION. The "National Electrical Code and Uniform Administrative Code Provisions for the National Electrical Code is amended by changing, adding, or deleting the chapters, sections and portions of sections designated in Section 15.38.030 through 15.38.080. 15.38.030 SECTION 203 AMENDED - BOARD OF APPEALS. Section 203 is amended to read as follows: "Section 203. Board of Appeals. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of this Code, there shall be and there is hereby created a Board of Appeals, consisting of five members, composed of the Mayor and the other members of the City Council. Said members shall hold their respective membership on said Board of Appeals by reason of, and concurrently with their terms of service as Council members and shall cease to be such members upon their ceasing to be such Council members. The Building Official shall be the Secretary to the Board. The Board may adopt reasonable rules and regulations for conducting its investigations and shall render all its decisions and findings on contested matters, in writing to the Building Official, with a duplicate copy thereof to any appellant or contestant affected by any such decision or finding, and may recommend to the City Council such new legislation, if any, as is consistent therewith. Three members of the Board shall constitute a quorum. The Mayor shall be the presiding officer of the Board and in his absence the Board shall select a temporary chairman. Notices of meetings of the Board shall be given by at least three hours notice delivered to each member personally or by registered mail; provided, however, that any meeting of the Board shall be legal for any purpose if the written consent of all of the members of the Board to such meeting is executed and filed in the records of the Board. The Board shall have the right, subject to such limits as the City Council may prescribe by resolution, to employ at the cost and expense of the City, such qualified individuals. as the Board, in its discretion, may deem reasonably necessary in order to assist it in its investigations and in making its findings and decisions." 15.38.040 SECTION 204 AMENDED - VIOLATIONS AND PENALTIES. Section 204 is amended to read as follows: "Section 204. Violations and Penalties. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, later, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the city, or cause same to be done, contrary to or in violation of any of the provisions of this Code. ~ _ Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than 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 any provision of the ordinances of Lake Elsinore is committed, continued, or permitted by any such person, and he shall be punished accordingly." 15.38.050 SECTION 304(a), TABLE NO. 3-A AMENDED - ELECTRICAL PERMIT FEES. Is amended to read as follows: -FEES SET PURSUANT TO CHAPTER 3.32 OF THE CITY OF LAKE ELSINORE MUNICIPAL CODE. 15.38.060 SECTION 304(f), - ADDED - PLAN RETENTION FEES. Section 304 (f) is added to read as follows: FEES SET PURSUANT TO CHAPTER 3.32 OF THE CITY OF LAKE ELSINORE MUNICIPAL CODE. 15.38.070 ARTICLE 310-5 MINIMUM SIZE OF CONDUCTORS AMENDED. Article 310-5 is amended by adding the following sentence: Conductors smaller than size six (6) shall be copper only. 15.38.080 ARTICLE 336-3 USES PERMITTED AMENDED - Article 336-3 is amended as follows: Type NM and Type NMC cables shall be permitted to be used in one and two-family dwellings, and multi-family apartment dwellings, not exceeding three floors above grade. SECTION 3. VIOLATION - PENALTY. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of_the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than five-hundred dollars ($500.00), or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which. any violation of any provision of the ordinances of Lake Elsinore is committed, continued or permitted by any such person, and he shall be punished accordingly. SECTION 4. All changes and modifications in the National Electrical Code, 1987 Edition, as amended by this ordinance, are reasonably necessary. because of local conditions. This finding is made pursuant to Section 17958.5 of the Health and Safety Code of the State of California. SECTION 5. This ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON FIRST READING this 12th day of May , 19$7 upon the following roll call Vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEP1BERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of Marv 19 87 upon the following roll call vote: AYES: NOES: ABSENT: ABSTENTIONS: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE COUNCILMEMBERS: NONE COUNCILMEMBERS COUNCILMEP1BERS ATTEST: ~~~`~ Vicki L. Kasad , City Clerk NONE NONE `C Leo Strigo e, Mayor APPROVED AS TO FORM: ~ ~~ ~J~ ~ ~\ ~ %i., i ~, ~_ John R. Harper, City Attorney _1 (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on May 12, 1987, and had its second reading on May 26, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ~ `~ VICKI LYNN SAD, CITY CLERK CITY OF LAK ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) NONE NONE NONE I, Vicki Lynne 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. 794, of said Council, and that the same has not been amended or repealed. DATED: May 27, 1987 VICKI LYNNE SAD, CITY CLE K CITY OF LAK ELSINORE (SEAL) ORDINANCE NO. 795 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE 1985 EDITION OF THE UNIFORM PLUMBING CODE, REPEALING IN ITS ENTIRETY CHAPTER 15.24 OF, AND ADDING CHAPTER 15.24 TO, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO THE PLUMBING CODE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. CHAPTER 15.24 of Code" is repealed. SECTION 2. Chapter 15.24 is Municipal Code" to read as follows: the "Lake Elsinore Municipal added to the "Lake Elsinore CHAPTER 15.24 PLUMBING CODE 15.24.010 UNIFORM PLUMBING CODE ESTABLISHED. The Uniform Plumbing Code, 1985 Edition, including Appendices A, B, C, D, E, G, H and I thereof, promulgated and published by the International Association of Plumbing and Mechanical Officials, one copy of which has been filed and is on file in the office of the City Clerk, for public inspection, is adopted with the same force and effect as though set out herein in full. 15.24.020 CHANGES AND ADDITION TO THE CODE. The Uniform Plumbing Code is amended by changing, adding or deleting the chap- ters, sections and portions of sections designated ih Sections 15.24.030 through 15.24.080. 15.24..030 PART 1 20.3 AMENDED - VIOLATION AND PENALTIES is amended to read as follows: VIOLATIONS AND PENALTIES. Any person, firm or corporation violating any provision of this code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail for not to exceed six months, or by both fine and imprisonment. Each separate day or any portion thereof during which any violation of this code occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided. The issuance or granting or a permit or approval of plans and specifications shall not be deemed or construed to be a permit 'for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use which it authorized is lawful. The issuance or granting of a permit or approval of plans shall hot prevent the administrative authority from thereafter requiring the correction or errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this code or of any other ordinance or from revoking any certificate of approval when issued in error. Every permit issued by the administrative authority under the provisions of this code shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within sixty days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred twenty days. Before such work can be recommended a new permit shall be first obtained so to do, and the fee therefore shall be one-half the amount required for a new permit for such work, provided no changes have been made, or will be made in the original plans and specifications for such work; and provided further, that such suspension or abandonment has not exceeded one year. 15.24.040 PART 1 20.7 AMENDED - SCHEDULE OF FEES is amended to read as follows: "The schedule of fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore Municipal Code." 15.24.050 PART 1 20.14 AMENDED - BOARD OF APPEALS is amended to read as follows: BOARD OF APPEALS CREATED. In order to deter- mine the suitability of alternate materials and construction and to provide for reasonable interpretation of the provisions of this code and for reasonable variances therefrom where same are. found necessary in order to provide for unusual or extraordinary condi- tions which may arise, there shall be and there is created a Board of Appeals, consisting of five members. The membership of said Board of Appeals shall be composed of the Mayor and the other mem- bers of the City Council. Said members shall hold their respec- tive memberships on said Board of Appeals by reason of, and con- currently with their terms of service in their respective City offices above referred to and shall cease to be such members upon their ceasing to be such officers. The administrative authority shall be the secretary to the Board. The Board may adopt reasonable rules and regulations for conducting its investigations and shall render all its decisions and findings on contested matters, in _ writing, to the administrative authority, with a duplicate copy thereof to any appellant or contestant affected by any such deci- sion or finding, and may recommend to the City Council such new legislation, if any, as is consistent therewith. The Board of Appeals may interpret the provisions of this Code to cover a special case, if it appears that the provisions of this Code do not definitely cover the point raised or that a mani- fest injustice might be done or unnecessary hardship or inconveni- ence be suffered by a strict adherence to the provisions hereof.; provided, that every such decision shall be by at least two-third's vote of all of the members of the Board of Appeals who are present at the meeting at which any such matter is considered and decided. Three members of the board shall constitute a quorum. The Mayor shall be the presiding officer of the Board and in his absence the Board shall select a temporary chairman. Notices of meetings of the Board shall be given by at least three hours notice delivered to each member personally or by registered mail; provided, however, that any meeting of the Board shall be legal for any purpose if the written consent of all of the members of the Board to such meeting is executed and filed in the records of the Board. The Board shall have the right, subject to such limits as the City Council may prescribe by resolution, to employ at the cost and expense of the amity, such practicing architects, competent builders, attorneys and structural engineers as the Board, in its discretion, may deem reasonably necessary in order to assist it in its investigations and in making its findings and decisions. 15.24.060 SECTION 102 (c) AMENDED - ADMINISTRATIVE AUTHORITY. Section 102 (c) is amended to read as follows: "(c) Administrative Authority. The Administrative Author- ity is the individual official, board, department, or agency established and authorized by a state., county, city or other poli- tical subdivision created by law to administer and enforce the provisions of the Plumbing Code as adopted or amended. Adminis- trative Authority shall mean the Chief Building Official." 15.24.070 SECTION (a) Exception 2 is amended "(2) ABS, PVC and to R-1 and R-3 occupancies 15.24.080 SECTION (a) Exception 2 is amended "(2) ABS, PVC and to R-1 and R-3 occupancies 401(a) EXCEPTION 2 AMENDED. Section 401 to read as follows: DWV piping installations shall be limited and not over two stories." 503(a) EXCEPTION 2 AMENDED. Section 503 to read as follows: DWV piping installations shall be limited and not over two stories." SECTION 3. VIOLATION - PENALTY. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment .not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued or permitted by any such person, and he shall be punished accordingly. SECTION 4. All changes and modifications in the Uniform Plumbing Code, 1985 Edition, as amended by this ordinance, are reasonably necessary because of local conditions. This finding is made pursuant to Section 17958.5 of the Health and Safety Code of the State of California. SECTION 5. This ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON FIRST READING this 12TH day of May , 1987 , upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of May 1987 upon the following roll call vote: AYES: COUNCILMEf46ERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE A TEST: c ~ Vicki L. Kasad, City Clerk eon tri tte, Mayor ~PR~ ZA O FORM: John R. Harper, ity Attorney (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on May 12, 1987, and had its second reading on May 26, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: VICKI LYNNE SAD, CITY CLER CITY OF LAKE SINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) NONE NONE NONE I, Vicki Lynne 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. 795, of said Council, and that the same has not been amended or repealed. DATED: May 27, 1987 ~V IJ.k~~',~ , VICKI LYNNE SAD, CITY CLER CITY OF LAKE ELSINORE (SEAL) NO. 796 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE 1985 EDITION OF THE UNIFORM MECHANICAL CODE, REPEALING IN ITS ENTIRETY CHAPTER 15.20 OF, AND ADDING CHAPTER 15.20 TO, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO THE MECHANICAL CODE - THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. CHAPTER 15.20 of the "Lake Elsinore Municipal Code" is repealed. SECTION 2. Chapter 15.20 is added to the "Lake Elsinore Municipal Code" to read as follows: CHAPTER 15.20 MECHANICAL CODE 15.20.010 ESTABLISHED. The "Uniform Mechanical Code 1985 Edition," including the Appendix A, B, C, D which are promulgated and published by the International Conference of Building Officials, one copy of each of which has been filed, and is on file in the office of the City Clerk for public inspection are adopted with the same force and effect as though set out herein in full. 15.20.020 CHANGES AND ADDITIONS TO THE UNIFORM MECHANICAL CODE. The "Uniform Mechanical Code" is amended by changing, adding, or deleting the chapters, sections and portions of sections designated in Section 15.20.030 through 15.20.050. 15.20.030 SECTION 203 AMENDED - BOARD OF APPEALS CREATED. Section 203 is amended to read as follows: "Section 203. Board of and Appeals Created. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of .the provisions of this Code, there shall be and there is hereby created a Board of Appeals, consisting of five members, composed of the Mayor and the other members of the City Council. Said members shall hold their respective membership on said Board of by reason of, and concurrently with their terms of service as Council members and shall cease to be such members upon their ceasing to be such Council members. The Chief Building Official shall be the Secretary to the Board. The Board may adopt reason- able rules and regulations for conducting its investigations and and shall render all its' decisions and findings on contested matters, in writing, to the Chief Building Official, with a dupli- cate copy thereof to any appellant or contestant affected by any such decision or finding, and may recommend to the City Council such new legislation, if any, as is consistent therewith. The Board of Appeals may interpret the provisions of this Code to cover a special case, if it appears that the provisions of this Code do not definitely cover the point raised or that a mani- fest injustice might be done or unnecessary hardship or inconveni- ence be suffered by a strict adherence to the provisions hereof; provided, that every such decision shall be by at least two- third's vote of all of the members of the Board of Appeals who are present at the meeting at which any such matter is considered and decided. Three members of the Board shall constitute a quorum. The Mayor shall be the presiding officer of the Board and in his absence the Board shall select a temporary chairman. Notices of meetings of the Board shall be given by at least three hours notice delivered to each member personally or by registered mail; provided, however, that any meeting of the Board shall be legal for any purpose if the written consent of all of the members of the Board to such meeting is executed and filed in the records of the Board. The Board shall have the right, subject to such limits as the City Council may prescribe by resolution, to employ at the cost and expense of the City, such qualified individuals as the Board, in its discretion, may deem reasonably necessary in order ° to assist it in its investigations and in making its findings and decisions. 15.20.040 SECTION 204 AMENDED - VIOLATIONS AND PENALTIES. Section 204 is amended to read as follows: "Section 204. Violations and Penalties. It shall be unlawful for any person firm or corporation to erect, construct, enlarge, later, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the city, or cause same to be done, contrary to or in violation of any of the provisions of this code. Any person, firm, .or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinance of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than 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 any provision of the ordinances of Lake Elsinore is committed, continued, or permitted by any such person, and he shall be punished accordingly." 15.20.050 SECTION 304(a) AMENDED: PERMIT FEES. Section 304(a) is amended to read as follows: "Section 304(a) Permit Fees. The fee for each permit shall be as set forth in Table No. 3-A, which will be set pursuant to Chapter 3.32 of the City of Lake Elsinore Municipal Code." SECTION 3. VIOLATION - PENALTY. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than five-hundred dollars ($500.00), or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued or permitted by any such person, and he shall be punished accordingly. SECTION 4. All changes and modifications in the Uniform Mechanical Code, 1985 Edition, -as amended by this ordinance, are reasonably necessary because of local conditions. This finding is made pursuant to Section 17958.5 of the Health and Safety Code of the State of California. SECTION 5. This ordinance shall take effect as provided by - law. INTRODUCED AND PASSED. UPON FIRST READING this 12TH day of p,~ay , 1987 upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of May , 1987 upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILP1EMBERS: NONE ~~ Leo tr' tte, Mayor ATTEST: ~~ Vicki L. Kasad, City Clerk (SEAL) APPROVED AS TO FORM AND LEGALITY: John R. Harper, City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on May 12, 1987, and had its second reading on May 26, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE C LYN KAS(.~ CLERK CITY OF KE ELSINORE (SEAL) STATE OF CALIFORNIA ) . COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne 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. 796, of said Council, and that the same has not been amended or repealed. DATED: May 27, 1987 VICKI LYNTIE SAD, CITY CLERK CITY OF LAK ELSINORE (SEAL) ORDINANCE NO. 797 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE 1985 EDITION OF THE UNIFORM HOUSING CODE, REPEALING IN ITS ENTIRETY CHAPTER 15.16 OF, AND ADDING CHAPTER 15.16 TO, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO THE HOUSING CODE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. CHAPTER 15.16 of the "Lake Elsinore Municipal Code" is repealed. SECTION 2. Chapter 15.16 is added to the "Lake Elsinore Municipal Code" to read as follows: CHAPTER 15.16 HOUSING CODE 15.16.010 ESTABLISHED. The Uni edition, promulgated and published by the of Building Officials, one copy of each and is on file in the office of the inspection is adopted with the same force out herein in full. Eorm Housing Code, 1985 International Conference of which has been filed, City Clerk for public and effect as though set 15.16.020 CHANGES AND ADDITIONS TO THE UNIFORM HOUSING CODE. The Uniform Housing Code is amended by changing, adding, or deleting the chapters, sections and portions of sections designated in Section 15.16.030 through 15.16.120. 15.16.030 SECTION 202 AMENDED - Substandard Buildings, Section 202 is amended to read as follows: "Section 202. All building or portions thereof which are determined to be substandard as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Chapter 17 of this code." 15.16.040 SECTION 203 AMENDED - HOUSING ADVISORY AND APPEALS BOARD ESTABLISHED. Section 203 is amended to read as follows: "Section 203. Housing Advisory and Appeals Board Established. In order to provide for final interpretation of the provisions of this code and to hear appeals provided for here- under, there is hereby established a Housing Advisory Board consisting of five members. The membership of said Board shall be composed of the Mayor and the other members of the City Council. Said members shall hold their respective memberships on said Board by reason of, and concurrently with, their terms of service in their respective city offices above referred to and shall cease to be such member upon their ceasing to be such officers. The Building Official shall be the secretary to the Board. The Board may adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the appellant with a copy to the Building Official. Appeals to the Board shall be processed in accordance with the provisions contained in Section 1706 of this Code. Copies of all. rules or regulations adopted by the Board shall be delivered to the Building Official who shall make them freely accessible to the public." 15.16.050 SECTION 204 AMENDED - VIOLATIONS. Section 204 is amended to read as follows: "Section 204. Violations. No person, firm, or corporation, whether as owner, lessee, sublessee, or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code or any order issued by the Building Official hereunder. Any person violating the provisions of this Section shall be guilty of a misdemeanor for each day such violation continues. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted or a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than 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 any provision of the ordinances of Lake Elsinore is committed, continued, or permitted by any such person, and he shall be punished accordingly." 15.16.060 15.16.070 15.16.080 15.16.090 15.16.100 15.16.110 CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER CHAPTER 11 12 13 14 15 16 IS DELETED. IS DELETED. IS DELETED. IS DELETED. IS DELETED. IS DELETED. 15.16.120 CHAPTER 17 ADDED -ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS. Chapter 17 is added to read as follows: CHAPTER 17 ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS Section 1701: Statement of Intent. Upon finding any building to be in this category, the Building Official shall notify the owner of record as indicated on the Riverside County Tax Assessors Records, of the intent of the City in condemning the building, also advising the owner, that a Preliminary Title Report has been ordered to determine who the concerned parties are, the cost of which will be assessed against the property owner. If the owner does not respond within 15 days from receipt of this statement, the Building Official shall proceed to the next step. Section 1702: First Notice: The Building Official, upon determining that a building or structure is unsafe or substandard shall give a written notice of defects to all parties concerned in the manner hereinafter stated. The notice shall specify the conditions which render the building or structure unsafe or substandard and if, in the opinion of the Building official, such conditions can be corrected by repair, the notice shall state the work that is necessary to repair or rehabilitate the building or structure. The notice shall require the owner to obtain all necessary permits from the Department of Building and Safety and to correct or abate the unsafe or substandard conditions, either by repair, demolition or removal within 30 days after the date of notice. If a building is encumbered by a mortgage or deed of trust of record, and the owner of the building shall not have complied with the order on or before the expiration of 30 days after the mailing and posting of the notice, the mortgagee or beneficiary under the deed of trust may, within 15 days after the expiration of the 30 day period, comply with the requirements of the notice. Section 1703: Manner of Givina Notice: The Building Official shall post a copy of the notice of defects in a plainly visible place on the building or structure and he shall send a copy, by registered or certified mail, postage prepaid, return receipt requested, to the owner of,the land on which the building or structure is located, as such person's name and address appears on the last County equalized assessment roll, and to each mortgagee or beneficiary under any deed of trust, that is of record; to the holder of any lease that is of record, and to the record holder of any other estate or interest. in the building or structure or the land upon which such building or structure is - located, at the last known addresses of such interest holders. If the address of any such person is unknown, that fact shall be stated in the copy so mailed and it shall be addressed to the person at the county seat. Service by mail shall be deemed complete at the time of deposit in the mails. The Building Director shall file a copy of the notice of defects in the Building Department files along with an affidavit certifying to the persons , date and manner in which such notice was given. He shall also thereafter file any receipt cards which are returned to him acknowledging receipt of the notice. The failure of any owner or other persons to receive such notice shall not affect in any .manner the validity of any proceedings taken hereunder. Section 1704: Order to Vacate. Whenever, in the opinion of the Building Director, extreme and imminent hazard exists, he shall give written notice ordering the occupants of any such building to immediately vacate and, in the event compliance with the order is not voluntarily and promptly obtained, he shall request the law enforcement agency having jurisdiction to effect such a vacation or forthwith take such action at law as is required to cause the premises to be vacated. A copy of the order to vacate, which shall include the reasons for the order, shall be posted on the building and mailed to all concerned parties and filed in the Building Department files in the same manner as the notice of defects. Upon giving such order to vacate, the Building Director shall cause to be posted at each entrance to the building a notice to read: DANGER - THIS BUILDING UNSAFE FOR OCCUPANCY - DEPARTMENT OF BUILDING AND SAFETY.- CITY OF LAKE ELSINORE, such notices shall remain posted until the required repair, demolition or removal are completed. Such notice shall not be removed without written permission of the Building Director and no person shall enter the building except for the purpose of making the required repairs or the demolition of the building, without the written permission of the Building Director. Section 1705: Notice of Public Nuisance. Whenever the first notice of defects has been give, the Building Director shall record in the office of the County Recorder of Riverside County, a notice that an administrative proceeding has been commenced for the abatement of a Public Nuisance, describing the real property affected and stating that the costs incurred therein may become a lien on said property, and directing inquiry for further details to his office, giving the address thereof. Section 1706: Appeal. Any person entitled to service under this ordinance may appeal the proceedings by filing a written appeal on a form furnished by the Building Director within 30 days of receipt of the first notice. Failure to do so constitutes a waiver of the owners right to a hearing and adjudication of the notice or any portion thereof. (1) Upon receipt of any appeal the Building Director shall set a hearing date to be not less than l0 days or more than 60 days from he date the appeal was received. (2) The Building Director upon setting the hearing date of the Appeals Board, shall notify the appellant/s at the address shown on the Appeal, of the date, time and place the hearing will be held. This notification shall be given not less than 10 days prior to the hearing date. (3) Except for orders to Vacate made pursuant to Section 2 (e) of this Ordinance, enforcement of any notice issued under this ordinance shall be stayed pending the outcome of any appeal properly and timely filed. Section 1707 Hearina. At the time fixed in the notice, the Board of Appeals shall proceed to hear the testimony of the Building Director, and the owner of the building or structure or his representative if present at said hearing, and other concerned parties who may desire to testify, regarding the condition of the building or structure, the estimated cost of reconstruction, repair or removal, and any other relevant matter. Upon the conclusion of the hearing, the Board shall make it's decision and, in the event that it so concludes, it may declare the building. or structure to be a nuisance and direct the owner to abate the same by having the building or structure properly reconstructed or repaired, or by having it razed or removed, and further notifying the owner that if said nuisance is not abated within 30 days after posting and mailing of the Board's decision, the building or structure will be razed or removed by the City of Lake Elsinore and the expense thereof shall be a lien on the lot or parcel of land upon which the building or structure is located, or made a personal obligation of the property owner. (1) At any time within ten days after the Board's decision directing the abatement of a nuisance, the Building Director shall post a copy of the Board's decision on the building or structure and mail copies thereof to all parties concerned in the same manner as the first notice, and he shall file an affidavit thereof in the Building Department files, the Board may grant any extension of time to abate said nuisance that it may deem justifiable upon good cause being shown. Section 1708 Time to Brina Action. Unless the owner or holder of an interest of record brings an action in a court of competent jurisdiction within 30 days after the date of mailing and posting on said premises of the notice of the decision of the Board, contesting the validity of any proceedings leading up to an including the decision of the Board, all objections to the proceedings and decision will be deemed to have been waived. Section 1709 Second Notice. If the order of the Building Director in the first notice is not complied with within 45 days after giving notice and no appeal has been filed has been filed the Building Director shall give a second notice to all parties concerned by posting and mailing in the same manner as the first notice The second notice shall entitled "Notice to Abate Nuisance" the notice shall direct the owner of the building or structure to effect all necessary abatement within 30 days from receipt of the second notice or show cause why such building or structure should not be condemned as a nuisance and abated as wherein provided. The failure of the owner or any other person to receive such notice shall not affect in any manner the validity of any proceeding taken hereunder. Section 1710 Jurisdiction to Abate. Thirty days after the mailing and posting of the Board of Appeals decision or the second ° notice, the City shall have jurisdiction to abate such nuisance by razing or removing the building or structure unless within the 30 day period an extension of time is granted by the Board of Appeals. In the event that the nuisance is not abated within the prescribed time, the City may thereupon raze and remove the building or structure as herein after described under it's direction and supervision. Section 1711 Method of Abatement. Abatement of all buildings or structures under the direction and supervision of the City pursuant to the provisions of this ordinance shall be done in the following manner: (1) If in the event the nuisance can be abated by repair or rehabilitation, the Building Director may employ such architectural or engineering assistance on a contract basis as he may deem reasonably necessary to prepare plans and specifications to facilitate said repair or rehabilitation. (2) Actual work to be done whether it be repair and - rehabilitation or demolition and removal, shall be accomplished by private contract. A minimum of three (3) bids shall be received from reputable licensed contractors prior to contact- . ing for work to be done. The lowest bidder shall be awarded the contract. Section 1712 Cost Recovery of repair or demolition shall be accomplished in the following manner: A. Demolition Account Establishment and Maintenance. (1) The City Council hereby establishes a Special account designated as the Repair and Demolition Account. The Finance Director is authorized to pay from said account all such costs and expenses incurred pursuant to the provisions of this ordinance upon the demand of the Building Director. (2) The City Council in establishing said account authorizes the Finance Director to transfer from the General Fund of the City such amounts as necessary on a loan basis to the Repair and Demolition Account to defray costs incurred for repair or demolition. All proceeds collected as herein after provided for shall be paid to the Finance Director who shall credit the same to the Repair and Demolition Account and there- from credited to repay the loan from the General Fund of the City. B. Statement of Expense. The Building Director shall keep a complete and accurate account of all costs incurred in the performance of any work pursuant to the provisions of this ordinance. (1) A verified statement of expense showing the gross and net expense of the work performed and all other costs shall be given to the City Clerk who shall schedule it for City Council consideration to set a hearing date. The date, time, place, and purpose of the hearing shall be published once in a local newspaper. (2) The Building Director shall cause to be posted conspicuously on the property from which the building or structure was razed and removed or repaired and rehabilitated, a verified copy of the statement of expense given to the City Clerk, together with a notice of the date, time, and place, where and when the statement shall be heard by the City Council. Posting and mailing of the statement and notice shall be not less than ten (10) days prior to the date set for hearing the statement. A copy of the statement and notice shall be accomplished in the same manner as is prescribed for the first notice. C. Hearing on Statement of Expense. At the time fixed for the hearing on the statement of expense the City Council shall consider the statement, together with any objections or protests which may be raised by the property owner or other concerned parties. The Council may make any such revision, correction or modification in the statement as it may deem just, and thereafter shall render it's decision on the statement. The Council's decision on the statement and on all protests and objections which may be made shall be final and conclusive. The City may continue any hearing provided for herein from time to time. Upon the close of a hearing the Council shall render it's decision not later than fifteen (15) days thereafter. D. Method of Payment for Cost Recovery. Shall be determined by the City Council as a part of the decision rendered in the hearing of the statement of expense. (1) The Council may make the charges a personal obligation of the property owner and direct the City Attorney to collect the same using all appropriate legal remedies. (2) Or the Council may order the charge to be made a special assessment and lien against the property involved and order said assessment recorded on the assessment roll in behalf of the City. a) The City Council, in it's discretion may make the special assessment payable in equal annual installments and if said installments shall bear interest, the rate thereof shall be established by resolution prior to recordation of the assessment. E. Payment and Recordation of Lien. All concerned parties shall be notified of the City Council decision of the hearing in the same manner as the first notice and shall be given opportunity to pay said charges. If payment is not received within ten (10) days after receipt of the Councils decision on the statement, the Building Director shall transmit the statement and the City Council's decision to the County Auditor who shall place the amount thereof on the assessment roll as a special assessment to be paid with County taxes, unless sooner paid. At the same time, the Building Director shall file in the Office of the County Recorder of Riverside County a notice of lien, describing the real property affected, a summary of the action taken to abate the nuisance and the amount of the lien claimed by the City of Lake Elsinore. (1) Priority. Immediately upon its being placed on the assessment roll the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property, and shall be paramount to all other liens except for state, county and municipal taxes with which it shall be upon a parity. The, lien shall continue until the assessment and all interest due and payable thereon are paid. (2) Interest. All such assessments remaining unpaid after thirty (30) days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate per annum from and after said date as determined by the City Council. (3) The amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected; and shall be subject to the same penalties and procedures and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such assessment. If the City Council has determined that the assessment shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as ordinary municipal taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedures for sale as provided for ordinary municipal taxes. (4) All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the Finance Director of City of Lake Elsinore who -shall credit the same to the Repair and Demolition Account. F. Release of Lien. Upon payment in full of the costs of the abatement proceeding and the expense of the work done, or upon order of the City Council, the Building Director shall execute and record with the County Recorder a release of the recorded lien on the property. If an assessment has been placed on the assessment roll and is thereafter paid to the Building Director, he shall notify the County Auditor who shall cancel the assessment on the roll. G. Contest of Citv Councils Decision. Unless action is brought in a court of competent jurisdiction within thirty (30) days after final judgement by the City Council, contesting the validity of any proceedings leading up to and including the decision of the City Council, all objections will be deemed to have been waived. H. Fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore Municipal Code. SECTION 3. VIOLATION - PENALTY. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor.. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than five-hundred dollars ($500.00), or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued or _~ermitted by any such person, and he shall be punished accordingly. SECTION 4. All changes and modifications in the Uniform Code for the Abatement of Dangerous Buildings 1985 Edition, as as amended by this ordinance, are reasonably necessary because of local conditions. This finding is made pursuant to Section 17958.5 of the Health and Safety Code of the State of California. law. SECTION 5. This ordinance shall take effect as provided by INTRODUCED AND PASSED UPON FIRST READING this 12th day of May , 1987 upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of Mav , 19 87, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE c ~-C: O Leo J. St gotte, Mayor ATTEST: c ~ r ~~ Vicki L. Kasad, City Clerk APPROVED AS TO FORM AND LEGALITY: ~IW John R. Harper City Attorney (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on May 12, 1987, and had its second reading on May 26, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI LYNNE SAD, CITY CLER CITY OF LAKE LSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne 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. 797, of said Council, and that the same has not been amended or repealed. DATED: May 27, 1987 C ,~ VICKI LYNNE SAD, CITY CLERK CITY OF LAIZE LSINORE (SEAL) ORDINANCE N0. 798 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE 1985 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, REPEALING IN ITS ENTIRETY CHAPTER 15.08 OF, AND ADDING CHAPTER 15.08 TO, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO THE ABATEMENT OF DANGEROUS BUILDINGS THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. CHAPTER 15.08 of the "Lake Elsinore Municipal Code" is repealed. SECTION 2. Chapter 15.08 is added to the "Lake Elsinore Municipal Code" to read as follows: CHAPTER 15.08' ABATEMENT OF DANGEROUS BUILDING CODE 15.08.010 ESTABLISHED. The Uniform Code for the Abatement of Dangerous Buildings, 1985 edition, promulgated and published by the International Conference of Building Officials, one copy of each of which has been filed, and is on file in the office of the City Clerk for public inspection is adopted with the same force and effect as though set out herein in full. 15.08.020 CHANGES AND ADDITIONS TO THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS. The Uniform Code for. the Abatement of Dangerous Buildings is amended by changing, adding, or deleting the chapters, sections and portions of sections designated in Section 15.08.030 through 15.08.120. 15.08.030 SECTION 202 AMENDED - ABATEMENT OF DANGEROUS BUILDINGS, Section 202 is amended to read as follows: "Section 202. All building or portions thereof which are determined after inspection by the building official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Chapter 10 of this code." 15.08.040 SECTION 203 AMENDED - VIOLATIONS. Section 203 is amended to read as follows: "Section 203. Violations. No person, firm, or corporation, whether as owner, lessee, sublessee, or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this code or any order issued by the Building Official hereunder. Any person violating the provisions of this Section shall be guilty of a misdemeanor for each day such violation continues. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted or a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than 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 any provision of the ordinances of Lake Elsinore is committed, continued, or permitted by any such person, and he shall be punished accordingly." 15.08.050 SECTION 205 AMENDED - ABATEMENT OF DANGEROUS BUILDINGS ADVISORY AND APPEALS BOARD ESTABLISHED. Section 205 is amended to read as follows: "Section 205. Abatement of Dangerous Buildings Advisory and Appeals Board Established. In order to provide for final interpretation of the provisions of this code and to hear appeals provided for hereunder, there is hereby established an Abatement of Dangerous Buildings Advisory and Appeals Board consisting of five members. The membership of said Board shall be composed of the Mayor and the other members of the City Council. Said members shall hold their respective membership on said Board by reason of, and concurrently with, their terms of service in their respective city offices above referred to and shall cease to be such members upon their ceasing to be such officers. The Building Official shall be the Secretary to the Board. The Board may adopt reasonable rules and regulations for conducting its business and shall render all decisions and findings in writing to the appellant with a copy to the Building Official. Appeals to the Board shall be processed in accordance with the provisions contained in Section 1006 of this code. Copies of all rules or regulations adopted by the Board shall be delivered to the Building Official who shall make them freely accessible to the public." 15.08.060 CHAPTER 4 IS DELETED. 15.08.070 CHAPTER 5 IS DELETED. 15.08.080 CHAPTER 6 IS DELETED. 15.08.090 CHAPTER 7 IS DELETED. 15.08.100 CHAPTER 8 IS DELETED. 15.08.110 CHAPTER 9 IS DELETED. 15.08.120 CHAPTER 10 ADDED ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS - Chapter 10 is added to read as follows: CHAPTER 10 ABATEMENT OF SUBSTANDARD AND UNSAFE BUILDINGS Section 1001: Statement of Intent. Upon finding any building to be in this category, the Building Director shall notify the owner of record as indicated on the Riverside County Tax Assessors Records, of the intent of the City in condemning the building, also advising the owner, that a Preliminary Title Report has been ordered to determine who the concerned parties are, the cost of which will be assessed against the property owner. If the owner does not respond within 15 days from receipt of this statement, the Building Director shall proceed to the next step. Section 1002: First Notice: The Building Director, upon determining that a building or structure is unsafe or substandard shall give a written notice of defects to all parties concerned in the manner hereinafter stated. The notice shall specify the conditions which render the building or structure unsafe or substandard and if, in the opinion of the Building Director, such conditions can be corrected by repair, the notice shall state the work that is necessary to repair or rehabilitate the building or structure. The notice shall require the owner to obtain all necessary permits from the Department of Building and Safety and to correct or abate the unsafe or substandard conditions, either by repair, demolition or removal within 30 days after the date of notice. If a building is encumbered by a mortgage or deed of trust of record, and the owner of the building shall not have complied with the order on or before the expiration of 30 days after the mailing and posting of the notice, the mortgagee or beneficiary under the deed of trust may, within 15 days after the expiration of the 30 day period, comply with the requirements of the notice. Section 1003: Manner. of Giving Notice: The Building Director shall post a copy of the notice of defects in a plainly visible place on the building or structure and he shall send a copy, by registered or certified mail, postage prepaid, return receipt requested, to the owner of the-land on which the building or structure is located, as such person's name and address appears on the last County equalized assessment roll, and to each mortgagee or beneficiary under any deed of trust, that is of record; to the holder of any lease that is of record, and to the record holder of any other estate or interest in the building or structure or the land upon which such building or structure is located, at the last known addresses of such interest holders. If the address of any such person is unknown, that fact shall be stated in the copy so mailed and it shall be addressed to the person at the county seat. Service by mail shall be deemed complete at the time of deposit in the mails. The Building Director shall file a copy of the notice of defects in the Building Department files along with an affidavit certifying to the persons date and manner in which such notice was given. He shall also thereafter file any receipt cards which are returned to him acknowledging receipt of the notice. The failure of any owner or other persons to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder. Section 1004: Order to Vacate. Whenever, in the opinion of the Building Director, extreme and imminent hazard exists, he shall give written notice ordering the occupants of any such building to immediately vacate and, in the event compliance with the order is not voluntarily and promptly obtained, he shall request the law enforcement agency having jurisdiction to effect such a vacation or forthwith take such action at law as is required to cause the premises to be vacated. A copy of the order to vacate, which shall include the reasons for the order, shall be posted on the building and mailed to all concerned parties and filed in the Building Department files in the same manner as the notice of defects. Upon giving such order to vacate, the Building Director shall cause to be posted at each entrance to the building a notice to read: DANGER - THIS BUILDING UNSAFE FOR OCCUPANCY - DEPARTMENT OF BUILDING AND SAFETY - CITY OF LAKE ELSINORE, such notices shall remain posted until the required repair, demolition or removal are completed. Such notice shall not be removed without written permission of the Building Director and no person shall enter the building except for the purpose of making the. required repairs or the demolition of the building, without the written permission of the Building Director. Section 1005: Notice of Public Nuisance. Whenever the first notice of defects has been give, the Building Director shall record in the office of the County Recorder of Riverside County, a notice that an administrative proceeding has been commenced for the. abatement of a Public Nuisance, describing the real property affected and stating that the costs incurred therein may become a lien on said property, and directing inquiry for further details to his office, giving the address thereof. Section 1006: Appeal. Any person entitled to service under this ordinance may appeal the proceedings by filing a written appeal on a form furnished by the Building Director within 30 days of receipt of the first notice. Failure to do so constitutes a waiver of the owners right to a hearing and adjudication of the notice or any portion thereof. (1) Upon receipt of any appeal the Building Director shall set a hearing date to be not less than 10 days or more than 60 days from he date the appeal was received. (2) The Building Director upon setting the hearing date of the Appeals Board, shall notify the appellant/s at the address shown on the Appeal, of the date, time and place the hearing will be held. This notification shall be given not less than 10 days prior to the hearing date. (3) Except for Orders to Vacate made pursuant to Section 2 (e) of this. Ordinance, enforcement of any notice issued under this ordinance shall be stayed pending the outcome of any appeal properly and timely filed. Section 1007 Hearina. At the time fixed in the notice, the Board of Appeals shall proceed to hear the testimony of the Building Director, and the owner of the building or structure or his representative if present at said hearing, and other concerned parties who may desire to testify, regarding the condition of the building or structure, the estimated cost of reconstruction, repair or removal, and any other relevant matter. Upon the conclusion of the hearing, the Board shall make it's decision and, in the event that it so concludes, it may declare the building or structure to be a nuisance and direct the owner to abate the same by having the building or structure properly reconstructed or repaired, or by having it razed or removed, and further notifying the owner that if said nuisance is not abated within 30 days after posting and mailing of the Board's decision, the building or structure will be razed or removed by the City of Lake Elsinore and the expense thereof shall be a lien on the lot or parcel of land upon which the building or structure is located, or made a personal obligation of the property owner. (1) At any time within ten days after the Board's decision directing the abatement of a nuisance, the Building Director shall post a copy of the Board's decision on the building or structure and mail copies thereof to all parties concerned in the same manner as the first notice, and he shall file an affidavit thereof in the Building Department files, the Board may grant any extension of time to abate said nuisance that it may deem justifiable upon good cause being shown. Section 1008 Time to Brina Action. Unless the owner or holder of an interest of record brings an action in a court of competent jurisdiction within 30 days after the date of mailing and posting on said premises of the notice of the decision of the. Board, contesting the validity of any proceedings leading up to an including the decision of the Board, all objections to the proceedings and decision will be deemed to have been waived. Section 1009 Second Notice. If the order of the Building Director in the first notice is not complied with within 45 days after giving notice and no appeal has been filed has been filed the Building Director shall give a second notice to all parties concerned by posting and mailing in the same manner as the first notice The second notice shall entitled "Notice to Abate Nuisance" the notice shall direct the owner of the building or structure to effect all necessary abatement within 30 days from receipt of the second notice or show cause why such building or structure should not be condemned as a nuisance and abated as wherein provided. The failure of the owner or any other person to receive such notice shall not affect in any manner the validity of any proceeding taken hereunder. Section 1010 Jurisdiction to Abate. Thirty days after the mailing and posting of the Board of Appeals decision or the second notice, the City shall have jurisdiction to abate such nuisance by razing or removing the building or structure unless within the 30 day period an extension of time is granted by the Board of Appeals. In the event that the nuisance is not abated within the prescribed time, the City may thereupon raze and remove the building or structure as herein after described. under it's direction and supervision. Section 1011 Method of Abatement. Abatement of all buildings or structures under the direction and supervision of the City pursuant to the provisions of this ordinance shall be done in the following manner: (1) If in the event the nuisance can be abated by repair or rehabilitation, the Building Director may employ such architectural or engineering assistance on a contract basis as he may deem reasonably necessary to prepare plans and specifications to facilitate said repair or rehabilitation. (2) Actual work to be done whether it be repair and rehabilitation or demolition and removal, shall be accomplished by private contract. A minimum of three (3) bids shall be received from reputable licensed contractors prior to contact- ing for work to be done. The lowest bidder shall be awarded the contract. Section 1012 Cost Recovery of repair or demolition shall be accomplished in the following manner: A. Demolition Account Establishment and Maintenance. (1) The City Council hereby establishes a Special account designated as the Repair and Demolition Account. The Finance Director is authorized to pay from said account all such costs and expenses incurred pursuant to the provisions of this ordinance upon the demand of the Building Director. (2) The City Council in establishing said account authorizes the Finance Director to transfer from the General Fund of the City such amounts as necessary on a loan basis to the Repair and Demolition Account to defray costs incurred for repair or demolition. All proceeds collected as herein after provided for shall be paid to the Finance Director who shall credit the same to the Repair and Demolition Account and there- from credited to repay the loan from the General Fund of the City. B. Statement of Exaense. The Building Director shall keep a complete and accurate account of all costs incurred in the performance of any work pursuant to the provisions of this ordinance. (1) A verified statement of expense showing the gross and net expense of the work performed and all other costs shall be given to the City Clerk who shall schedule it for City Council consideration to set a hearing date. The date, time, place, and purpose of the hearing shall. be published once in a local newspaper. (2) The Building Director shall cause to be posted conspicuously on the property from which the building or structure was razed and removed or repaired. and rehabilitated, a verified copy of the statement of expense given to the City Clerk, together with a notice of the date, time, and place, where and when the statement shall be heard by the City Council. Posting and mailing of the statement and notice shall be not less than ten (10) days prior to the date set for hearing the statement. A copy of the statement and notice shall be accomplished in the same manner as is prescribed for the first notice. C. Hearin4 on Statement of Expense. At the time fixed for the hearing on the statement of expense the City Council shall consider the statement, together with any objections or protests which may be raised by the property owner or other concerned parties. The Council may make any such revision, correction or modification in the statement as it may deem just, and thereafter - shall render it's decision. on the statement. The Council's decision on the statement and on all protests and objections which may be made shall be final and conclusive. The City may continue any hearing provided for herein from time to time. Upon the close of a hearing the Council shall render it's decision not later than fifteen (15) days thereafter. D. Method of Payment for Cost Recovery. Shall be determined by the City Council as a part of the decision rendered in the hearing of the statement of expense. (1) The Council may make the charges a personal obligation of the property owner and direct the City Attorney to collect the same using all appropriate legal remedies. (2) Or the Council may order the charge to be made a special assessment and lien against the property involved and order said assessment recorded on the assessment roll in behalf of the City. a) The City Council, in it's discretion may make the special assessment payable in equal annual installments and if said installments shall bear interest, the rate thereof shall be established by resolution prior to recordation of the assessment. E. Payment and Recordation of Lien. .All concerned parties shall be notified of the City Council decision of the hearing in the same manner as the first notice and shall be given opportunity to pay said charges. If payment is not received within ten (10) days after receipt of the Councils decision on the statement, the Building Director shall transmit the statement and the City Council's decision to the County Auditor who shall place the amount thereof on the assessment roll as a special assessment to be paid with County taxes, unless sooner paid. At the same time, the Building Director shall file in the Office of the County Recorder of Riverside County a notice of lien, describing the real property affected, a summary of the action taken to abate the nuisance and the amount of the lien claimed by the City of Lake Elsinore. (1) Priority. Immediately upon its being placed on the assessment roll the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property, and shall be paramount to all other liens except for state, county and municipal taxes with which it shall be upon a parity. The lien shall continue until the assessment and all interest due and payable thereon are paid. (2) Interest. All such assessments remaining unpaid after thirty (30) days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate per annum from and after said date as determined by the City Council. (3) The amount of the assessment shall be collected at the same time and in the same manner as ordinary .municipal taxes are collected; and shall be subject to the same penalties and procedures and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such assessment. If the City Council has determined that the assessment shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as ordinary municipal taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedures for sale as provided for ordinary municipal taxes. (4) All money recovered assessment or from foreclosure sale Director of City credit the same Account. by payment of the charge or the sale of the property at shall be paid to the Finance of Lake Elsinore who shall to the Repair and Demolition F. Release of Lien. Upon payment in full of the costs of the abatement proceeding and the expense of the work done, or upon order of the City Council, the Building Director shall execute and record with the County Recorder a release of the recorded lien on the property. If an assessment has been placed on the assessment roll and is thereafter paid to the Building Director, he shall notify the County Auditor who shall cancel the assessment on the roll. G. Contest of brought in (30) days contesting and inclu~ objections Citv Councils Decision. Unless action is a court of competent jurisdiction within thirty after final judgement by the City Council, the validity of any .proceedings leading up to ling the decision of the City Council, all will be deemed to have been waived. H. Fees shall be set pursuant to Chapter 3.32 of the City of Lake Elsinore Municipal Code. SECTION 3. VIOLATION - PENALTY. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than five-hundred dollars ($500.00), or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued or permitted by any such person, and he shall be punished accordingly. SECTION 4. All changes and modifications in the Uniform Code for the Abatement of Dangerous Buildings 1985 Edition, as as amended by this ordinance, are reasonably necessary because of local conditions. This finding is made pursuant to Section 17958.5 of the Health and Safety Code of the State of California. SECTION 5. This ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON FIRST READING this 12th day of Mav , 19 87, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of May 19 87, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE eon trig te, Mayor AT EST: -• / ~ ~~~ Vicki L. Kasad, City Clerk AP~D AS~TO ORM D LEGALITY: John R. Harper, C ty Attorney (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on May 12, 1987, and had its second reading on May 26, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ( ( ~~~ VICKI LYNN KASAD, CITY CLERK CITY OF LA ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne 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. 798, of said Council, and that the same has not been amended or repealed. DATED: May 27, 1987 VICKI LYNNE SAD, CC T( CITY OF LAKE ELSINORE (SEAL) ORDINANCE N0. 799 AN ORDINANCE OF THE CITY OF-LAKE ELSINORE, CALIFORNIA, ADOPTING THE 1985 EDITION OF THE UNIFORM BUILDING CODE AND UNIFORM BUILDING CODE STANDARDS, REPEALING IN ITS ENTIRETY CHAPTER 15.04 OF, AND ADDING CHAPTER 15.04 T0, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO THE BUILDING CODE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. CHAPTER 15.04 of the "Lake Elsinore Municipal Code" is repealed. SECTION 2. Chapter 15.04 is added to the "Lake Elsinore Municipal Code" to read as follows: CHAPTER 15.04 BUILDING CODE 15.04.010 ESTABLISHED. The "Uniform Building Code 1985 Edition," including the Appendix thereof, except Chapters 12, 35, 51 and 53, and the "Uniform Building Code Standards, 1985 Edition" which are promulgated and published by the International Conference of Building Officials, one copy of each of which has been filed, and is on file in the office of the City Clerk for public inspection are adopted with the same force and effect as though set out herein in full. 15.04.020 CHANGES AND ADDITIONS TO THE UNIFORM BUILDING CODE. The "Uniform Building Code" is amended by changing, adding, or deleting the chapters, sections and portions of sections designated in Section 15.04.030 through 15.04.190. 15.04.030 SECTION 204 AMENDED - BOARD OF EXAMINERS AND APPEALS CREATED. Section 204 is amended to read as follows: "Section 204. Board of Examiners and Appeals Created. In order to determine the suitability .of alternate materials and methods of construction and to provide for reasonable inter- pretations of the provisions of this Code, there shall be and there is hereby created a Board of Examiners and Appeals, consisting of five members, composed of the Mayor and the other members of the City Council. Said members shall hold their respective membership on said Board of Examiners and Appeals by reason of, and concurrently with their terms of service as Council members and shall cease to be such members upon their ceasing to be such Council members. The Building Official shall be the Secretary to the Board. The Board may adopt reasonable rules and regulations for conducting its investigations and shall render all its decisions and findings on contested matters, in writing to the Building Official, with a duplicate copy thereof to any appellant or contestant affected by any such decision or finding, and may recommend to the City Council such new legislation, if any, as is consistent therewith. Three members of the Board shall constitute a quorum. The Mayor shall be the presiding officer of the Board and in his absence the Board shall select a temporary chairman. Notices of meetings of the Board shall be given by at least three hours notice delivered to each member personally or by registered mail; provided, however, that any meeting of the Board shall be legal for any purpose if the written consent of all of the members of the Board to such meeting is executed and filed in the records of the Board. (g) The structure may not contain any heating, plumbing or electrical installation. 2. Detached private Lath Houses, Glass Houses, and Pegolas not over 200 square feet provided: (a) The structure may not be erected on an unimproved lot; - (b) The structure is not attached to any portion of any habitable building or accessory building attached to a habitable building. 3. Concrete or asphaltic concrete slab supporting no super- imposed dead load and not used as a parking lot or driveway. 4. Masonry or concrete fences or walls not exceeding 36 inches in height. 5. Fences (other than masonry or concrete) not exceeding 6 feet in height. 6. Retaining walls not exceeding 3 feet in height, unless supporting a surcharge or impounding flammable liquids. 7. Painting, papering and similar finish work. 8. Window awnings supported by an exterior wall of Group R, Division 3 and Group M Occupancies when projecting not more than 54 inches. 9. Oil derricks. 10. Movable cases, counters and partitions not over 5 feet high. 11. Water tanks supported directly upon grade if the capacity does not exceed 5000 gallons and the ratio of height to diameter or width does not exceed two to one. 12. Platforms, walks and driveways not more than 30 inches above grade and not over any basement or story below. 13. Temporary motion picture, television and theater stage sets scenery. 14. Prefabricated swimming pools accessory to a Group R, Divi- sion 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5000 gallons. Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above exempted items. Exemptions from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of this Code and any other ordinance of the city. T5.04.070 SECTION 304(a), TABLE N0: 3-A AMENDED - BUILDING PERMIT FEES. Is amended to read as follows: BY A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE. 15.04.080 SECTION 304(g) ADDED - PLAN RETENTION FEES. Section 304(g) is added to read as follows: "Section 304(g) PLAN RETENTION FEES. Before issuing a building permit the city shall collect a fee for retaining plans The Board shall have the right, subject to such limits as the City Council may prescribe by resolution, to employ at the cost and expense of the City, such qualified individuals as the Board, in its discretion, may deem reasonably necessary in order to assist it in its investigations and in making its findings and decisions." 15.04.040 SECTION 205 AMENDED - VIOLATIONS AND PENALTIES Section 205 is amended to read as follows: - "Section 205. Violations and Penalties. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, later, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the city, or cause same to be done, contrary to or in violation of any of the provisions of this Code. Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than 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 any provision of the ordinances of Lake Elsinore is committed, continued, or permitted by any such person, and he shall be punished accordingly." 15.04.050 SECTION 301(a) AMENDED - PERMITS REQUIRED. Section 301(a) is amended to read as follows: "Section 301(a) Permits required. No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, improve, convert or demolish any building or structure (or masonry, brick, concrete or concrete block fence or wall in excess of 36 inches in height or pave a parking lot) in the city, or cause the same to be done, without first obtaining a separate building permit for each such building or structure or each such fence or wall from the Building Official." 15.04.060 SECTION 301(b) AMENDED - EXEMPTED WORK. Section 3o1(b) is amended to read as follows: "Section 301(b) Exempted Work. A Building Permit shall not be required for the following: 1. A children's playhouse, or garden tool shed, constructed at a single family residence provided: . (a) The structure does not have more than 120 square feet of gross floor area; (b) The structure is not more than six feet six inches in height; (c) The structure is located no closer than ten feet to any building occupied for dwelling purposes on adjacent property; (d) The structure is located in a rear yard; (e) The structure is not located within the required side yard unless the adjacent property is separated by a solid fence of a height equal to the height of the structure, but not to exceed six feet; (f) The structure may not be located on any unimproved lot; (g) The structure may not contain any heating, plumbing or electrical installation. 2. Detached private Lath Houses, Glass Houses, and Pegolas not over 200 square feet provided: (a) The structure may not be erected on an unimproved lot; (b) The structure is not attached to any portion of any habitable building or accessory building attached to a habitable building. 3. Concrete or asphaltic concrete slab supporting no super- imposed dead load and not used as a parking lot or driveway. 4. Masonry or concrete fences or walls not exceeding 36 inches in height. 5. Fences (other than masonry or concrete) not exceeding 6 feet in height. 6. Retaining walls not exceeding 3 feet in height, unless supporting a surcharge or impounding flammable liquids. 7. Painting, papering and similar finish work. 8. Window awnings supported by an exterior wall of Group R, Division 3 and Group M Occupancies when projecting not more than 54 inches. 9. Oil derricks. 10. Movable cases, counters and partitions not over 5 feet high. 11. Water tanks supported directly upon grade if the capacity does not exceed 5000 gallons and the ratio of height to diameter or width does not exceed two to one. 12. Platforms, walks and driveways not more than 30 inches above grade and not over any basement or story below. 13. Temporary motion picture, television and theater stage sets scenery. 14. Prefabricated swimming pools accessory to a Group R, Divi- sion 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5000 gallons. Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above exempted items. Exemptions from: the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of this Code and any other ordinance of the city. 15.04.070 SECTION 304(a), TABLE N0. 3-A AMENDED - BUILDING PERMIT FEES. Is amended to read as follows: FEES SET PURSUANT TO CHAPTER 3.32 OF THE CITY OF LAKE ELSINORE MUNICIPAL CODE. 15.04.080 SECTION 304(g) ADDED - PLAN RETENTION FEES. Section 304(g) is added to read as follows: "Section 304(g) PLAN RETENTION FEES. Before issuing a building permit the city- shall collect a fee for retaining plans and related documents, which the Building Official determines shall be kept as permanent records of the city. The amount of the plan retention fee shall be by a resolution of the City Council of the City of Lake Elsinore". 15.04.090 SECTION 3802(d) AMENDED - AUTOMATIC FIRE- EXTINGUISHING SYSTEMS - GROUP B, DIVISION 2 OCCUPANCIES. Section 3802(d) is amended to read as follows: "Section 3802(d) Group B, Division 2 Occupancies. An automatic sprinkler system shall be installed in Group B, Division 2 Occupancies where the floor area exceeds 12,000 square feet or in Group B, Division 2 occupancies more than three stories in height. In buildings used for high-piled combustible storage, fire protection shall be in accordance with the Fire Code." 15.04.100 SECTION 3802(h), (j), (k), ADDED - AUTOMATIC FIRE- EXTINGUISHING SYSTEMS. Subsections (h), (i), (j) and (k) are added to Section 3802 to read as follows: (h) Throughout all bowling alleys. (i) Throughout all buildings having a place of public assembly above the first floor having an occupant load of more than 100 persons. (j) Throughout all buildings having usable floor area more than thirty-five feet or three stories above grade, or buildings attached thereto. (k) Parking garages over 10,000 square feet in area, incorporated within and part of Group R, occupancies and not otherwise covered by this Code. 15.04.110 CHAPTER 55 ADDED - TEMPORARY BUILDINGS, TRAILERS, AND STRUCTURES. Chapter 55 is added to read as follows: CHAPTER 55 Temporary Buildings, Trailers and Structures .Section 5501(a) General. Temporary structures associated with construction activities shall conform to the requirements of this chapter, and the city's zoning code. (b) Defined. Temporary buildings, trailers, and structures are structures that are installed or constructed for a period of one year or less. Section 5502(a) Permit Required. A permit shall be issued for each temporary structure installation subject to the approval of the Building Official and Director of Community Development. (b) Application for permit; Fees. Any person legally entitled to apply for and receive a permit shall make such application on forms provided for that purpose. He shall give a description of the character of the work proposed to be done, and the location, ownership, occupancy and use of the premises in connection therewith. The Building Official may require plans, specifications or drawings and such other information as he may deem necessary. If the Building Official determines the temporary structure is in compliance with said Code, he shall issue the permit applied for upon payment of required fees as herein after fixed: For issuing each permit for three months of less Three months to one year (c) Time Extension. A request beyond one year must be made in writing ; the Building Official for consideration Official may permit a one-year extension heretofore set forth in this section if been issued to construct a permanent structure. $ 25.00 each structure $ 30.00 each structure for an extension of time ind thereafter submitted to and approval. The Building beyond the first year as a valid building permit has building to replace such Section 5503. Permitted Locations; Screening. Temporary structures may only be permitted when associated with construction. Temporary structures installed or constructed for a period of three months or more must be screened from the public view subject to the approval of the Building Official. 15.04.120 APPENDIX SECTION 7004 AMENDED - HAZARDS. Section 7004 of the Appendix is amended by adding a paragraph to read as follows: Construction debris shall not be buried on any construction site. 15.04.130 APPENDIX SECTION 7007(b), TABLE NO. 70-A AMENDED GRADING PLAN REVIEW. FEES. Appendix Section 7007 (b) Table 70-A is amended to read as follows: FEES SET PURSUANT TO CHAPTER 3.32 OF THE CITY OF LAKE ELSINORE MUNICIPAL CODE. 15.04.140 APPENDIX SECTION 7007 (c) TABLE NO. 70-B AMENDED GRADING PERMIT FEES. Appendix Section 7007 (c) TABLE 70-B amended to read as follows: FEES SET PURSUANT TO CHAPTER 3.32 OF THE CITY OF LAKE ELSINORE MUNICIPAL CODE. 15.04.150 APPENDIX SECTION 7009(a) AMENDED - GENERAL SECTION 7009(a) is amended as follows: Unless otherwise recommened in the approved soils engineering and/or engineering geology report and approved by the Building Official, cuts shall conform to the provisions of this section. 15.04.160 APPENDIX SECTION 7010(a) AMENDED - GENERAL SECTION 7010(a) is amended as follows: Unless otherwise recommended in the approved soils engineering and/or engineering geology report and approved by the Building Official, fills shall conform to the provisions of this section. 15.04.170 APPENDIX SECTION 7011(a) AMENDED - GENERAL SECTION 7011(a) is amended by adding a paragraph to read as follows: When two or more lots are graded and cut or fill slopes occur adjacent to the lot line, the top line of the slope shall be located at the lot line. The toes of all slopes shall be setback a minimum of two feet from -the property line or public right-of-way. 15.04.180 APPENDIX 7012 (A) AMENDED - GENERAL SECTION 7012(A) of the Appendix is amended by adding a paragraph to read as follows: All drainage swales or ditch shall be paved with reinforced concrete not less than 3 inches in thickness or approved equal paving. They shall have a minimum depth at the deepest point of one foot and a minimum paved width of 30 inches. Unless otherwise approved by the Building Official. 15.04.190 APPENDIX SECTION 7016 - TEMPORARY EROSION CONTROL APPENDIX SECTION 7016 is added to read as follows: Temporary Erosion Control A. Sec. 1716 Plans. Separate plans for temporary drainage and erosion control measures to be used during the rainy season shall be submitted prior to October 1. The control devices shown on said plans shall be installed no later than October 15, and maintained in operable condition until April 15. These plans shall provide the following: 1. Temporary soil stabilization measures shall be installed on graded slopes exceeding a three-to- one ratio and/or l0 feet in height. 2. Desilting facilities shall be provided at all drainage outlets from the graded site, designed for the 25-year, 6 hour storm intensity. They must be detailed on the plans. Design and specific recommendations shall be submitted for the following: (a) Desilting basin volume based on gradient and nature of soils. (b) The extent of all graded areas and identification of any temporary soil soil stabilization measures. (c) Size of desiltinq basin outlet pipe and over-flow. (d) Dike requirements. Minimum wall width, slope of walls, percent of compaction, etc. 3. The following notes shall be placed on the plans: (a) In case of emergency, call (responsible person) at (24 - hour number) (b) The undersigned civil engineer will supervise erosion control and certify that work is in accordance with the approved plans. (signature, reg. #, expiration date) (name - printed) (dated) 4. Indicate on the plan which streets will be paved and which drainage devices will be completed by October 15. 5. Placement of 'devices to reduce erosion damage within the tract is left to the discretion of the engineer. These devices, if any, must be shown on the plan because Their presence will affect the required capacity of the desiltinq basin. 6. Outlet conditions from the desiltinq basin shall not exceed downstream limitations, with the exception of overflow which is to be designed to provide capacity of 1.5 times the maximum design flow. B. Temporary Erosion Control Measures 1. The permittee shall keep a standby crew for emergency work available at all times during the rainy season Necessary materials shall be available on-site and stockpiled at convenient locations to facilitate. rapid construction of temporary devices or to repair any damaged erosion control measures when rain is imminent. 2. Devices shall not be moved or modified without the approval of the Building Official or, in an emergency. by the person responsible for grading operations 3. All removable protective in place at the end of each five-day rain probability percent. Forecasts shall broadcasts provided by the Service. devices shown shall be working day when the forecast exceeds 40 be received from United States Weather 4. After a rainstorm, all silt and debris shall be removed from check berms and desilting basins and the basins pumped dry. Any graded slope surface protection measures damaged during a rainstrom shall also be immediately repaired. Failure to provide effective maintenance may result in penalties as provided per Section 205. 5. Fill slopes at the tract perimeter must drain away from the top of the slope at the conclusion of each working day 6. At least one guard shall be posted on the site whenever the depth of water in any device exceeds eighteen inches. Additional guards may be required as deemed necessary by the Building Official. 7. After a rainstorm, all silt and debris. shall be removed from public drains and pipes, and from drains and pipes of adjacent properties. C. Subsequent Rainy Seasons. For projects extending into subsequent rainy seasons, new temporary drainage and erosion control plans shall be submitted. These plans shall comply with all requirements in Section 1716 (A) and (B). SECTION 3. VIOLATION - PENALTY. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than five-hundred dollars ($500.00), or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such ° person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued or permitted by any such person, and he shall be punished accordingly. SECTION 4. All changes and modifications in the Uniform Building Code, 1985 Edition, as amended by this ordinance, are reasonably necessary because of local conditions. This finding is made pursuant to Section 17958.5 of the Health and Safety Code of the State of California. SECTION 5. This ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON FIRST READING this 12th day of May 19 87, upon the following roll call vote: AYES: COUNCILMEP1BERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of May 19 g7 , upon the following roll call vote: , AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILP1EMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE Leo St igo , Mayor ATTEST: c ~, Vie i L. ICasad , City C erk APPROVED AS TO FORM: John R. xarper, ity Attorney (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on May 12, 1987, and had its second reading on May 26, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: C r (\\~~~ VICKI LYNNE SAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) NONE NONE NONE I, Vicki Lynne 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. 799, of said Council, and that the same has not been amended or repealed. DATED: May 27, 1987 VICKI LYNNE SAD, CITY CLER CITY OF LAKE LSINORE (SEAL) ORDINANCE NO. 800 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE 1985 EDITION OF THE UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS, REPEALING IN ITS ENTIRETY CHAPTER 15.56 OF, AND ADDING CHAPTER 15.56 TO, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO THE FIRE - CODE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. CHAPTER 15.56 of the "Lake Elsinore Municipal Code" is repealed. SECTION 2. Chapter 15.56 is added to the "Lake Elsinore Municipal Code" to read as follows: CHAPTER 15.56 UNIFORM FIRE CODE 15.56.010 ESTABLISHED. The "Uniform Fire Code 1985 Edition," including the Appendix and the "Uniform Fire Code Standards, 1985 Edition" which are promulgated and published by the International Conference of Building Officials, one copy of each of which has been filed, and is on file in the office of the City Clerk for public inspection are adopted with the same force and effect as though set out herein in full. 15.56.020 CHANGES AND ADDITIONS TO THE UNIFORM FIRE CODE. The "Uniform Fire Code" is amended by changing, adding, or deleting the chapters, sections and portions of sections designated in Section 15.56 030 through 15.56.050. 15.56.030 SECTION 2.302 AMENDED - BOARD OF APPEALS. Section 2.302 is amended to read as follows: "Section 2.302 Board of Appeals Created. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of this Code, there shall be and there is hereby created a Board of Appeals, consisting of five members, composed of the Mayor and the other members of the City Council. Said members shall hold their respective membership on said Board of Appeals by reason of, and concurrently with their terms of service as Council members and shall cease to be such members"upon their ceasing to be such Council members. The Building Official shall be the Secretary to the Board. The Board may adopt reasonable rules and regulations for conducting its investigations and shall render all its decisions and findings on contested matters, in writing to the Building Official, with a duplicate copy thereof to any appellant or contestant affected by any such decision or finding, and may recommend to the City Council such new legislation, if any, as is consistent therewith. Three members of the Board shall constitute a quorum. The Mayor shall be the presiding officer of the Board and in his absence the Board shall select a temporary chairman. Notices of meetings of the Board shall be given by at least three hours notice delivered to each member personally or by registered mail; provided, however, that any meeting of the Board shall be legal for any purpose if the written consent of all of the members of the Board to such meeting is executed and filed in the records of the Board. The Board shall have the right, subject to such limits as the City Council may prescribe by resolution, to employ at the cost and expense of the City, such qualified individuals as the Board, in its discretion, may deem reasonably necessary in order to assist it in its investigations and in making its findings and decisions." 15.56.040 SECTION 2.206 ADDED - VIOLATIONS AND PENALTIES. Section 2.206 added to read as follows: "Section 2.206 Violations and Penalties. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, later, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the city, or cause same to be done, contrary to or in violation of any of the provisions of this Code. Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than 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 any provision of the ordinances of Lake Elsinore is committed, continued, or permitted by any such person, and he shall be punished accordingly." 15.56.050 SECTION 9.105 AMENDED - DEFINITIONS. Section 9.105 amends the following definitions: CHIEF OR CHIEF OF THE FIRE DEPARTMENT is the City Manager or his authorized representative. CHIEF ENGINEER is the City Manager or his authorized representative. CHIEF OF THE BUREAU OF FIRE PREVENTION is the City Manager or his authorized representative. SECTION 3. VIOLATION - PENALTY. Any person violating any of the provisions or failing to comply .with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than five-hundred dollars ($500.00), or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued or permitted by any such person, and he shall be punished accordingly. SECTION 4. All changes and modifications in the Uniform Fire Code, 1985 Edition, as amended by this ordinance, are reasonably necessary because of local conditions. This finding is made pursuant to Section 17958.5 of the Health and Safety Code of the State of California. SECTION 5. This ordinance shall take effect as provided by INTRODUCED AND PASSED UPON FIRST READING this 12th day of MaY 19 87 upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUfZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of Ma„ , 19 87 upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ATTEST: ~, ~~ Vicki L. Kasad City Clerk Leon trigot Mayor APPROVED AS TO FORM: 1111. John R. Harper, C y Attorney (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on May 12, 1987, and had its second reading on May 26, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE c c VICKI LYNN KASAD, CITY ERK CITY OF LA ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne 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. 800, of said Council, and that the same has not been amended or repealed. DATED: May 27, 1987 ~~~ VICKI-LYNNE KA D, CITY CLERK CITY OF LAKE EL INORE ..(SEAL) ORDINANCE NO. 801 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE GRADING STANDARDS, REPEALING IN ITS ENTIRETY CHAPTER 15.72 OF, AND ADDING CHAPTER 15.72 T0, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO GRADING STANDARDS THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. CHAPTER 15.72 of the "Lake Elsinore Municipal Code" is repealed. SECTION 2. Chapter 15.72 is added to the "Lake Elsinore Municipal Code" to read as follows: CHAPTER 15.72 GRADING STANDARDS 15.72.010 APPLICABILITY. These standards shall apply to all land within the City of Lake Elsinore and shall be in addition to the grading standards contained in Chapter 70 of the Uniform Building Code. 15.72.20 MINOR DESIGN REVIEW. When the grading is to be done on a site which has a natural slope of ten percent (10%) or more on twenty-five (25%) or more of the site area, it shall be considered hillside grading and the application shall be referred to Minor Design Review. The Chief Building Official shall report to Design Review on any aspect of the proposed grading, excavation of fill which relates to or effects the General Plan or zoning regulations of the City. Minor Design Review upon completion of an investigation, shall approve, disapprove, or approve with mitigating measures to be incorporated into the grading plan. The Chief Building Official may refer any application to Minor Design Review which in his opinion may warrant consideration by Minor Design Review. 15.72.030 CRITERIA FOR EVALUATION. The Chief .Building Official and/or Design Review shall use, but is not limited to, the following criteria for evaluating an application for a grading permit: (A) The grading of a property shall not be excessive beyond that necessary for the use and drainage of the site; (B) The proposed grading is not to have an adverse environmental effect on surrounding property; and (C) The grading of a project shall consider the surrounding property and shall blend in with the surrounding topography in areas that have been developed. 15.72.040 GENERAL CRITERIA. (A) In hillside grading, no cut or fill slopes shall be created which exceed thirty feet vertical height, and any cut or fill slopes which exceed ten feet in height shall not exceed four hundred feet in horizontal length (except slopes required for public streets may exceed four hundred feet in length); except Design Review may approve slopes exceeding these dimensions where slopes will be the result of earth contouring which Design Review determines will result in a natural appearance and will create no geological or erosion hazard; (B) All cut or fill slopes in excess of three feet and which are located within the front yard set back area shall be contoured to present a natural undulating appearance. Intersecting front and side intersecting slopes shall have corners rounded with a minimum radius of ten feet; (C) Slopes exceeding three feet in height shall be provided with irrigation systems and sufficient permanent plants chosen from a list of plants suitable for hillside grading. Said slopes shall be provided with irrigation system and planted as soon as possible after grading and before the project receives final inspection and before any structures on the project are occupied. (D) Developments may be recontoured if Design Review finds and determines that the strict conformance with these regulations would result in an adverse visual or environmental impact. 15.72.050 RETAINING WALLS. (A) One upslope retaining wall not exceeding six feet in height may be used; (B) One downslope retaining wall not to exceed three and one half feet in height may be used; (C) On lots sloping with the street, and other configurations not discussed above, one retaining wall not to exceed three feet may be used on each side of the lot; (D) Adjacent to driveways, retaining walls not exceeding three feet may be used on each side of the lot; (E) Retaining walls exceeding two and one half feet will require a protective fence or guard rails of at least thirty-six inches. The combination of retaining wall. and protective fence will be subject to the ordinance height limitation of the various yard locations; (F) Alternate retaining wall systems may be used if the Chief Building Official and/or Design Review finds that the practical considerations of the site justify other retaining wall dimensions an locations; provided further, that Design Review determines that such alternate retaining wall system shall not present an adverse visual or environmental impact. 15.72.060 DRIVEWAYS. (A) Driveways which exceed a centerline measurement of thirty feet in length measured from the location of face of curb, shall be provided ahead of each garage, a parking space shall extend a minimum of twenty feet out from .the face of the garage and shall be at least the width for the garage opening with a minimum of ten feet, shall have longitudinal and transverse slope .gradients not exceeding plus or minus five percent (5~); and shall be designed to prevent surface waters from draining into garage; (B) Driveways which do not exceed thirty (30) feet in length measured along the centerline shall have a maximum gradient of eight percent (8$) for that portion of the driveway located within twenty (20) feet of the garage entrance; (C) Maximum longitudinal driveway gradients shall be fifteen percent (15%); minimum crown or cross slope shall be one percent (1%); and maximum crown or cross slope shall be five percent (5%); (D) Vertical transitions shall prevent contact of any portion of the car with surface of driveway by use of the following criteria: Vertical transition shall be made with not less than four feet parabolical curve; when the driveway exceeds ten percent (l0%), the vertical transition shall be an eight (8) foot parabolical curve. 15.72.050 PERMIT ISSUANCE, CONDITIONS OR DENIAL. (A) Whenever in the judgment of the Chief Building Official or Design Review, the proposed work would not meet the foregoing requirements, the application shall be denied; (B) In granting any permit application under this Chapter, the Chief Building Official and Design Review may attach such conditions thereto as may be reasonably necessary to prevent danger to public or private property or to prevent the operation from being conducted in a manner likely to create a nuisance. No person shall violate any conditions so imposed by the Chief Building Official and/or Design Review. Such conditions may include, but shall not be limited to: 1. Limitations on the hours of operation in which the work may be performed; 2. Designation of routes upon which materials may be transported and means of access to the site; 3. The place and manner of disposal of excavated materials; 4. Requirements as to the mitigation of dust and dirt the prevention of noises and. other results offensive or injurious to the neighborhood, the general public or any portion thereof, including due consideration, care, and respect for the property rights, convenience and reasonable desires and the needs of said neighborhood or any portion thereof; 5. Designation of maximum or minimum slopes to be used; 6. Regulations as to the use of public streets and places in the course of the work; 7. A performance bond to cover landscaping or other conditions of the permit; 8. Mitigating measures required by Design Review. SECTION 3. VIOLATION - PENALTY. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under .the ordinances of Lake Elsinore shall be punished by a fine of not more than five-hundred dollars ($500.00), or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day; during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued or permitted by any such person, and he shall be punished accordingly. SECTION 4. All changes and modifications in the Grading Standards as amended by this ordinance, are reasonably necessary because of local conditions. This finding is made pursuant to Section 17958.5 of the Health and Safety Code of the State of California. SECTION 5. This ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON FIRST READING this 12th day of 19~, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: ABSENT: COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of May , 19 87 , upon the following roll call vote: AYES: NOES: ABSENT: .ABSTENTIONS: COUNCILMEMBERS: DDMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE CDUNCILMEMBERS: NONE COUNCILMEMBERS COUNCILMEMBERS ATTEST: U ` ~,~ ~ . r~~C Vicki I,. Kasad , City Clerk NONE NONE Le S ri te, Mayor APPROVED AS TO FORM: W,r~ John R. Harp r City Attorne (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) 2, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on May 12, 1987, and had its second reading on May 26, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 2( VICKI LYNNE SAD, ITc~K CITY OF LAKE LSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne 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. 801, of said Council, and that the same has not been amended or repealed. DATED: May 27, 1987 VICKI LYNNE SAD, CITY CLERK CITY OF LAKE LSINORE (SEAL) ORDINANCE NO. 802 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE 1985 EDITION OF THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, REPEALING IN ITS ENTIRETY CHAPTER 15.36 OF, AND ADDING CHAPTER 15.36 TO, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO THE SWIMMING POOL, SPA AND HOT TUB CODE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. CHAPTER 15.36 of the "Lake Elsinore Municipal Code" is repealed. SECTION 2. Chapter 15.36 is added to the "Lake Elsinore Municipal Code" to read as follows: CHAPTER 15.36 SWIMMING POOL, SPA, AND HOT TUB CODE 15.36.010 ESTABLISHED. The "Uniform Swimming Pool, Spa, and Hot Tub Code 1985 Edition", which are promulgated and published by the International Association of Plumbing and Mechanical Officials, one copy of each which has been filed, and is on file in the office of the City Clerk for public inspection are adopted with the same force and effect as though set out herein in full. 15.36.020 CHANGES AND ADDITIONS TO THE UNIFORM SWIMMING POOL, SPA, AND HOT TUB CODE. The "Uniform Swimming Pool, Spa, and Hot Tub Code" is amended by changing, adding, or deleting the chapters, sections and portions of sections designated in Section 15.36.020 through 15.36.060. 15.36.030 PART 1, SEC. 1.18 AMENDED - BOARD OF APPEALS CREATED. Section 1.18 is amended to read as follows: "Section 1.18 Board of Appeals Created. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of this Code, there shall be and there is hereby created a Board of Appeals, consisting of five members, composed of the Mayor and the other members of the City Council. Said members shall hold their respective membership on said Board of by reason of, and concurrently with their terms of service as Council members and shall cease to such member upon their ceasing to be such Council members. The Chief Building Official shall be the Secretary to the Board. The Board may adopt reasonable rules and regulations for conducting its investigations and shall render all its decisions and findings on contested matters, in writing, to the Chief Building Official, with a duplicate copy thereof to any appellant or contestant affected by any such decision or finding, and may recommend to the City Council such new legislation, if any, as is consistent therewith. The Board of Appeals may interpret the provisions of this Code to cover a special case, if it appears that the provisions of this Code do not definitely cover the point raised or that a manifest injustice might be done or unnecessary hardship or inconvenience be suffered by a strict adherence to the provisions hereof; provided, that every such decision shall be by at least two-third's vote of all of the members of the Board of Appeals who are present at the meeting at which any such matter is considered and decided. Three members of the Board shall constitute a quorum. The Mayor shall be the presiding officer of the Board and in his absence the Board shall select a the Board shall be given each member personally that any meeting of the written consent of all is executed and filed in temporary chairman. Notices of meetings of at least three hours notice delivered to or by registered mail; provided, however, 3oard shall be legal for any purpose if the of the members of the Board to such meeting the records of the Board. The Board shall have the right, subject to such limits as the City Council may prescribe by resolution, to employ at the cost and expense of the City, such qualified individuals as the Board, in its discretion, may deem reasonably necessary in order to assist it in its investigation and in making its findings and decisions. ( ). 15.36.040 SECTION 1.7 AMENDED - VIOLATIONS AND PENALTIES. Section 1.7 is amended to read as follows: "Section 1.7. Violations and Penalties. It shall be unlawful for any person firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building or structure in the city, or cause same to be done, contrary to or in violation of any of the provisions of this Code. Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than 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 any provision of the ordinances of Lake Elsinore is committed, or permitted by any such person, and he shall be punished accordingly." 15.36.050 SECTION 1.4(a) AMENDED: PERMIT FEES. Section 1.11 is amended to read as follows: "Section 1.11 Cost of Permit. Fees set pursuant to Chapter 3.32 of the City of Lake Elsinore Municipal Code." 15.36.060 SECTION 320 FENCING. Section 320 is added to read as follows: Section 320 Fencing: A. Every person in possession of land within the incorporated area of the' city, either as owner, purchaser under contract, lessee, tenant, licensee or otherwise, upon which is situated a swimming pool or other out-of-door body of water designed, constructed and used for swimming, dipping or immersion by men, women or children, having a depth in excess of eighteen (18) inches, shall maintain in good condition an enclosure or fence of any material or design, except as hereinafter provided, substantially constructed, not lower than five (5) feet in height above the surface of the ground measured vertically from the outside grade and completely surrounding such pool or body of water. B. Openings between members. a) No opening between vertical members of a wood, metal, picket, stake or other fence shall exceed five (5) inches between members. No opening between horizontal members of a wood, metal or other fence shall exceed two (2) inches between members. If a fence combining vertical and horizontal members meets either the vertical or hori- zontal requirements of this section, it shall be deemed to meet the requirements of this section. b) Masonry-type fences are excepted from the provisions of this .section. C. Clearance above ground. All enclosures and gates shall extend to within two (2) inches of firm soil or within four (4) inches of pavement. D. Gates, doors, latches. a) All gates or doors opening through a swimming pool enclosure shall be equipped with a self- closing and self-latching device designed to keep such door or gate securely closed at all times when not in actual use. The unlocking or unlatching device shall be located not less than five (5) feet above grade or steps at the gate or door measured vertically outside the enclosed areas. This shall include any passage door or gate opening from an accessory building, such as a garage. b) There shall be the following exceptions to this section: (1) The unlocking or may be located on enclosure at less five (5) feet in openable from t enclosure. unlatching device the inside of the than the required height when not ze outside of the (2) Self-closing and self-latching devices shall not be required on doors leading from a dwelling unit into the pool area. (3) Double gates installed across vehicular accessways shall be self-closing and shall be equipped with a latching device five (5) feet above grade which may be manually operated. Such gates shall be securely closed at all times when not in actual use. E. Withholding approval. Plaster inspection or approval to fill the pool with water shall be withheld by the director of building safety until there has been compliance with all fencing and other requirements of this chapter. SECTION 3. VIOLATION - PENALTY. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than five-hundred dollars ($500.00), or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued or permitted by any such person, and he shall be punished accordingly. SECTION 4. Swimming Pool, Sp. this ordinance, conditions. This Health and Safety SECTION 5. law. All changes and modifications in the Uniform ~ and Hot Tub Code, 1985 Edition, as amended by are reasonably necessary because of local finding is made pursuant to Section 17958.5 of the Code of the State of California. This ordinance shall take effect as provided by INTRODUCED AND PASSED UPON FIRST READING this 12th day of MaY 19 87, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, P1ATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: -NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of May 19~, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ATTEST: Vicki L. Iasad , City lerk J Leo trigo Mayor APPROVED AS TO FORM: ~rYl~ John R. Harp , City Attorne (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on May 12, 1987, and had its second reading on May 26, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ~~ ~ VICK~~I LYNN KASAD, CITY C ERK CITY OF LA ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) NONE NONE NONE I, Vicki Lynne 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. 802, of said Council, and that the same has not been amended or repealed. DATED: May 27, 1987 VICKI LYNNE AD CIT CITY OF LAKE SIIvTORE (SEAL) ORDINANCE NO. 803 ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING IN ITS ENTIRETY CHAPTERS 15.28, 15.32, 15.48, 15.56, 15.60 OF THE "LAKE ELSINORE MUNICIPAL CODE" THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Code" is repealed. SECTION 2. Code" is repealed. SECTION 3. Code" is repealed. CHAPTER 15.28 of the "Lake Elsinore Municipal CHAPTER 15.32 of the "Lake Elsinore Municipal CHAPTER 15.48 of the "Lake Elsinore Municipal SECTION 4. CHAPTER 15.56 of the "Lake Elsinore Municipal Code" is repealed. SECTION 5. CHAPTER 15.60 of the "Lake Elsinore Municipal Code" is repealed. SECTION 6. This Ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON FIRST READING this 12th day of May , 1987 , upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of May 19 67 upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ~~ Leo S rigo , Mayor A~ TEST: ~,, _ Vicki L. Kasad, City Clerk APPROVED AS TO FORM: Jam- ~ John R. Harper, 'ty Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on May 12, 1987, and had its second reading on May 26, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI LYNNE SAD, CITr~K CITY OF LAKE LSINORE (SEAL) '_ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne 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. 803, of said Council, and that the same has not been amended or repealed. DATED: May 27, 1987 2 K~NN SAD,. CITY CL K CITY OF T,A ELSINORE (SEAL) ORDINANCE NO. 804 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE REQUIREMENTS OF RELOCATION OF BUILDINGS OR STRUCTURES WITHIN THE CITY, REPEALING IN ITS ENTIRETY CHAPTER 15.12 OF, AND ADDING CHAPTER 15.12 TO, THE "LAKE ELSINORE MUNICIPAL CODE" RELATING TO THE RELOCATION OF BUILDINGS OR STRUCTURES WITHIN THE CITY. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 15.12 of the "Lake Elsinore Municipal Code" is repealed. SECTION 2. Chapter 15.12 is added to the "Lake Elsinore Municipal Code" to read as follows: CHAPTER 15.12 RELOCATION OF BUILDINGS OR STRUCTURES WITHIN THE CITY 15.12.010 IN GENERAL. Any building or structure that is to be moved from any location, within or without the City, to a fixed location within the City of Lake Elsinore shall comply with the following requirements whether or not said building or structure is moved over any City streets. These provisions apply even where a _ building or structure is relocated upon the same parcel of property. The permit provision of this article shall not apply to newly fabricated modular housing units as defined in the California Factory-Built Housing Law, Division 13, Part 6, commencing with section 19960 of California Health and Safety Code. Notwithstanding said exemption, all other codes and ordinances shall apply to aid units to the extent applicable. Except as hereinafter provided, no person shall relocate any building, structure or portion thereof upon any premises, or upon the same premises, within the City without having first secured a relocation permit from the Building Department. Exceptions: (a) If the building or structure is to be moved to a place located outside the limits of the City. (b) If the building or structure is to be moved to a location for use as a temporary structure required during the course of construction work. (c) If any accessory building or structure not exceeding two hundred (200) square feet in area is being relocated. The foregoing exceptions apply only to a relocation permit. All relocations, whether within one or more of the above exception or not, shall be required to have a building, plumbing, electrical, or other applicable permits for such a building or structure. 15.12.030 APPLICATION REQUIREMENT. An application shall be made to the City of Lake Elsinore, Building Department upon forms furnished for same and shall set forth such information as may reasonably be required to carry out the purpose of this chapter. Every building or structure to be relocated shall require a separate application. Every building or structure to be relocated shall comply with all provisions of the Zoning Ordinance of the City. 15.12.040 PREREQUISITES TO ISSUANCE OF PERMIT. Before the Building Department may approve an application for a relocation - permit the Planning Department shall make the following determinations: (a) That the building is in reasonable conformity with the architectural style and meets or exceeds the quality of existing buildings within the area in which it is proposed to be moved; (b) That the proposed building shall not be less in value when moved and remodeled than the fair market value of the highest one-third of the buildings within the immediate area. The immediate area shall be determined by the Planning Department, but in no instance shall be less than five hundred (500) feet from the exterior boundary of the proposed site on which a building is to be moved; (c) That the proposed relocation will in no way be detrimental to surrounding property or the living environment; (d) That the proposed location will comply with lot area, required yard setbacks, and all other provision of the zoning ordinance of the City; (e) That all dedication and improvements required for streets and alleys including sidewalks, curbs, gutters, street trees, streetlights, and off-site water supply necessary for the property upon which the structure is to be located are provided in conformity with the standard of the City; (f) Compliance with bond or insurance requirements as herein set forth; (g) Preliminary Inspection is done by the Building Department. 15.12.050 REQUIREMENTS OF BUILDING OR STRUCTURES. No relocation permit shall be issued to relocate any building or structure upon a building site within the City which does not comply with the following: (a) The building or structure is structurally sound and conforms to applicable provisions of the Uniform Building Code as adopted and amended. (b) The building/structure is free of pests. (c) The building/structure substantially conforms to like improvements within a radius of one thousand (1,000) feet from the proposed building site. (d) The building/structure complies with the. zoning laws applicable to the area of the proposed building site. (e) The anticipated use of said building structure complies with the land use regulations applicable to the area of the proposed building site. If said building/structure is iri a state of disrepair where presently located, the Chief Building Official shall make a determination if same can be practicably and effectively repaired to comply with the requirements herein, then a permit to relocate may be granted upon such terms and conditions as he, or the Planning Department, may require. No relocation permit shall be issued by the Building Department until the owner causes an inspection of the building or structure to be made by a licensed structural pest control contractor and until the findings of such inspection are submitted to the Chief Building Official. If the report requires extermination or structural repairs, the Building Department shall not issue a relocation permit until the structural repairs or extermination necessitated by the findings of the inspection are made and a statement from the licensed pest control contractor attesting to such extermination or structural repairs is submitted to the Chief Building Official. 15.12.050 MOVED BUILDINGS. Prior to occupancy, any building moved pursuant to this chapter shall be brought up to the standards of the building code of the City and other applicable ordinances for a new building and shall be painted, refurbished and maintained at the standard. 15.12.060 BOND REQUIREMENTS. Prior to issuance of any relocation permit the applicant shall post a bond, by a surety company authorized to do business in this state and acceptable to the City, or a cash deposit for the purpose of assuring the following: (a) A completion bond for building construction determined necessary to comply with the provisions herein. (b) A time limitation for completion of said relocation within ninety (90) days after issuance of a housemover's permit, unless otherwise extended for good and sufficient cause by the Building Department. (c) Said bond or deposit shall consist of a sum or sums sufficient to cover the costs of completing the relocation of the subject building or structure, the on-site and off-site improvements and all conditions imposed as determined by the Building Official, plus reasonable administrative costs not to exceed fifteen (15) per cent of the total or one thousand dollars ($1,000.00) minimum, whichever is greater. In no event shall the principal sum of said bond or deposit be less than one thousand dollars ($1,000.00). (d) The surety on said bond or cash deposit shall not be released until said relocation has been completed in full to the satisfaction of the development services director or his designee and planning expressed in writing. 15.12.070 FEES. To be set by a resolution of the City Council 15.12.080 TERMINATION. (a) When the project has been completed as herein set forth the City shall exonerate the surety thereon or refund the excess of cash deposit received. lees any sums determined to be due to the City hereunder, including administrative costs. In the event that said sums are insufficient to cover said costs the amount due shall be a debt to the City and collectible as provided by law. (b) Whenever it is determined by the City that a default has occurred in the performance of any term or condition required in this chapter, written notice shall be given to the permittee, principal on the bond and surety of same with request to comply within a time certain or have the City complete or cause to have completed the work undone. If the permittee, surety or other responsible persons fail to act within said time the City shall complete, or cause to have said work completed, or abate the condition as a nuisance at City's option. All costs incurred by the City in so acting, including said administrative costs shall be and are hereby declared to be alien on the real property upon which said building or structure has been relocated and enforceable and collectible as provided by law. SECTION 3. VIOLATION - PENALTY. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinance of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Lake Elsinore shall be punished by a fine of not more than five-hundred dollars ($500.00), or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of Lake Elsinore is committed, continued or permitted by any such person, and he shall be punished accordingly. SECTION 4. This ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON FIRST READING this 12th day of May 19 87, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 26th day of May 19 87, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSENTENTIONS: COUNCILMEMBERS: NONE Leon tr got , Mayor A TEST: ~~ ~^ ~~,, ,~,~ Vicki L. Kasad, City Clerk APPROVED AS TO FORM: 1., n R. arp City Attorn y (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) 2, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on May 12, 1987, and had its second reading on May 26, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI LYNNE SAD, CITY CLERK CITY OF LAK ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne 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. 804, of said Council, and that the same has not been amended or repealed. DATED: May 27, 1987 (\~ ' _ \ ~( VICKI LYNNE SAD, CITY CLERK CITY OF LAKE LSINORE (SEAL) CITY OF LAKE ELSINORE ORDINANCE N0. 805 AN ORDINANCE OF THE CITY OF LAKE ELSINORE ADDING TO TITLE 2 OF THE LAKE ELSINORE MUNICIPAL CODE CHAPTER 2.46 ENTITLED PERSONNEL THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.46 is hereby added to Title 2 of the Lake Elsinore Municipal Code to read as follows: "Chapter 2.46 PERSONNEL "Sections 2.46.010 Adoption of Personnel System 2.46.020 Definitions 2.46.030 Administration 2.46.040 Competitive Service 2.46.050 Adoption and Amendment of Rules 2.46.060 Appointments 2.46.070 Probationary Period 2.46.080 Status of Present Employees 2.46.090 Demotion, Dismissal, Reduction in Pay, Suspension, Reprimand 2.46.100 Right of Appeal 2.46.110 Layoff and Reemployment 2.46.120 Political Activity "2.46.010 Adoption of Personnel System. In order to establish an equitable and uniform system for dealing with personnel matters, and to comply with applicable laws relating to the administration of the personnel process, the following personnel system is hereby adopted. "2.46.020 Definitions. The terms used to administer the personnel system shall be defined in the personnel rules. "2.46.030 Administration. The City Manager shall admin- ister the city personnel system and may delegate any of the ~ powers and duties of such administration and/or may delegate the appointing authority granted by the City Council to any other officer or employee of the City. The City Manager shall: A. Act as the appointing authority for the City. B. Administer all the provisions of this Ordinance and of the personnel rules not specifically reserved to the City Council. C. Prepare and recommend to the City Council personnel rules and revisions and amendments to such rules. D. Prepare or cause to be prepared a position classifica- tion plan, including. class specifications, and revisions of the plan. E. Have the authority to discipline employees in accor- dance with this Ordinance and the personnel rules of the City. F. Provide for the publishing or posting of notices of tests for positions in the competitive service; the receiving of applications therefor; the conducting and grading of tests; the certification of a list of all persons eligible for appointment to the appropriate position in the competitive service; and performing any other duty that may be required to administer the personnel system. "2.46.040 Comoetitive Service. The provisions of the Ordinance shall apply to all offices, positions and employments in the service of the City, except: A. Elective officers. B. The City Manager and any assistants to the City Manager. C. Members of appointive boards, commissions and committees. D. All department heads including the Director of Adminis- trative Services, the Director of Community Development and the Director of Public Services. E. Persons engaged under contract to supply expert, pro- fessi'onal, technical or any.other services. f. Volunteer personnel. G. All Council appointed City officers. H. Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood or earthquake which threatens life or property. I. Employees, other than those listed elsewhere in the Section, who are not regularly employed in permanent positions. "Regularly employed in permanent positions" means, an employee hired for an indefinite term into a budgeted position, who is regularly scheduled to work no less than one thousand forty (1040) hours per year, has successfully completed the pro- bationary period and has been retained as provided in this Ordinance and the personnel rules. J. Any position primarily funded under a State or Federal employment program. K. Employees not included in the competitive service under this Section shall serve at the pleasure of their appointing authority. "2.46.050 Adoption and Amendment of Rules. Personnel rules shall be adopted by resolution of the City Council. The rules may establish regulations governing the personnel system, including: A. Preparation, installation, revision and maintenance of a position classification plan covering all positions in the competitive service, including employment standards and quali- fications for each class. B. Appropriate announcement of the selection process and acceptance of applications for employment. C. Preparation and conduct of tests and the establishment and use of resulting employment lists containing names of persons eligible for appointment. D. Certification and appointment of persons from employ- ment lists and the making of provisional appointments. E. Establishment of probationary testing periods. F. Evaluation of employees during the probationary testing period and thereafter. G. Transfer, promotion, demotion, reinstatement, discipli- nary action and layoff of employees in the competitive service. H. Separation of employees from the City service. I. The establishment and maintenance of adequate personnel records for purposes of accounting and legal requirements. J. The establishment of any necessary appeal procedures. "2.46.060 Aopointments. Appointments to vacant posi- tions in the :competitive service shall be made in accordance with the personnel rules. Appointments and promotions shall be based on merit and fitness. Examinations may be used and con- ducted to aid the selection of qualified employees and shall consist of selection techniques which will test fairly the qualifications of candidates such as achievement and aptitude tests, written tests, personal interview, performance tests, physical agility tests, evaluation of daily work performance, work samples or any combinations of these or other tests. The probationary period shall be considered an extension of the examination process. Physical, medical and psychological tests may be given as apart of any examination. In any examination the City Manager or his/her designee may include, in addition to competitive tests, a qualifying test or tests, and set minimum standards therefor. The appointing authority of employees in the competitive service is the City Manager. The City Manager may delegate the appointing authority to any other officer or employee of the City. "2.46.070 Probationary Period. All regular appoint- ments, including promotional appointments, shall be fora pro- bationary period in accordance with applicable provisions of the personnel rules. Determinations as to satisfactory completion or extension of said period, and/or rejection of an employee during said period, shall also be consistent with the applicable provisions of the personnel rules. "2.46.080 Status of Present Emolovees. Any person holding a position included in the competitive service who, on the effective date of this Ordinance, shall have served con- tinuously in such position, or in some other position in the competitive service, for a period equal to the probationary period prescribed in the rules for his/her class, shall assume regular status in the competitive service in the position held on such effective date without qualifying test, and shall thereafter be subject in all respects to the provisions of this Ordinance and the personnel rules. Any other-persons holding positions in the competitive service shall be regarded as probationers who are serving out the balance of their probationary periods as prescribed in the rules before obtaining regular status. The probationary period shall be computed from the date of appointment or employment. "2.46.090 Demotion. Dismissal. Reduction in Pav, Suspen- sion. Reorimand. The City Manager or any appointing power shall have the authority to demote discharge, reprimand, reduce in pay, or suspend, any regular employee for cause in accor- dance with procedures included in the personnel rules. "2.46.100 Right of Appeal. Any employee in the compete- tive service shall have the right to appeal a demotion, reduc- tion in pay, suspension, or discharge for disciplinary or medical reasons, except in those instances where the right of appeal is specifically prohibited by this Ordinance or the rules adopted thereunder. All appeals shall be processed in accordance with the require- ments and procedures as set forth in the personnel rules adopted pursuant to this Ordinance. "2.46.110 Lavoff and Reemoloyment. Layoff and reemploy- ment actions shall follow the process outlined in the personnel rules. "2.46.120 Political Activity. The political activities of City employees shall conform to pertinent provisions of State law and any local provision adopted pursuant to State law." SECTION 2. Severabilitv. If any portion of this Chapter is found to be unconstitutional or invalid, the City Council hereby declares that it would have enacted the remainder of this Chapter regardless of the absence of any such invalid part. SECTION 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 4. Certification. This Ordinance shall be published one (1) time in the Sun Tribune Newspaper within fifteen (15) days after its adoption. INTRODUCED AND PASSED UPON FIRST READING this 23rd day of June, 1987 upon the following roll call vote. AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED this 14th July 1987, on the following roll call day of AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ATTEST: ~~,~ Vicki Lynne K ad, City Clerk -City of Lake sinore /~c eon St go e, Mi r City o Lake Elsinore Approved as to form and legality: ~ ~J John Harper, C t Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on June 23, 1987, and had its second reading on July 14, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ,. VIZ:~~N~('~SAD, ' ~ TY C ERK CITY OF LAKE' ELSID:ORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne 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. 805, of said Council, and that the same has not been amended or repealed. DATED: July 15, 1987 r~i~a.ii av a~u vFaaJ, c..i .< CITY OF LAK ELSINORE (SEAL) NO. 806 AN INTERIM ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PLACING A MORATORIUM ON NEW DEVELOP- MENT APPROVALS ON PROPERTIES IN THE SOUTHEAST FLOODPLAIN PLANNING AREA, WHICH IS GENERALLY DEFINED BY A BOUNDARY ALONG MISSION TRAIL AND CORYDON ROAD ON THE EAST; TO CEREAL STREET AROUND SKYLARK AIRPORT; THENCE SOUTHWESTERLY TO THE CITY LIMITS AND THEN WESTERLY ALONG THE CITY LIMITS TO THE STATE RECREATION AREA BOUNDARY; THENCE NORTHER- LY TO A LINE APPROXIMATELY 1,320 FEET NORTH OF SYLVESTER STREET; THENCE EASTERLY FROM THE STATE RECREATION AREA BOUNDARY TO THE SAN JACINTO RIVER; THENCE ALONG THE SAN JACINTO RIVER AND AROUND THE VOWS SHOPPING CENTER TO LAKESHORE DRIVE. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY FINDS THAT: 1. The City in conjunction with the Redevelopment Agency is contemplating the development of a land use and circulation plan for the Southeast Floodplain Planning area. 2. Additional development approvals within the Planning Area may conflict with the proposed elements of the contemplated plan. 3. Additional development approvals in the vicinity of Skylark Airport may conflict with the development of a Airport Land Use Compatibility Plan that would pro- vide protection of property and public safety. 4. Current and pending development proposals constitute an immediate threat to adversely impact elements of the contemplated plan, especially the provision of safe and adequate access to public and private lands, thereby constituting a current and immediate threat to the public health, safety, and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSTNORE, CALIFORNIA, DOES ORDAIN AS FOLLOW: SECTION ONE: Any approvals of subdivisions, use permits, variances, design review approvals, or any other applicable entitle- ment for use wnich is required in order to comply with the Zoning Ordinance shall be prohibited within the Southeast Floodplain Planning Area, as shown in Exhibit A, attached hereto and made a part hereof, until a land use plan for the entire Planning Area is adopted or this interim ordinance or subsequent extensions have expired. SECTION TWO. This ordinance shall become effective upon its adoption. PASSED, APPROVED AND ADOPTED this 12th day of May, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: WINKLER 2 ~c ~t Leo .Strig te, Mayor ATTEST: c ~fi.. VLLcki Lynne Kasad, City Clerk (SEAL) APPROVED AS TO FORM AND LEGALITY: ~~~~ N John R. Harper, City ttorn~ ey STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on May 12, 1987, and had its second reading on May 12, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, STRIGOTTE NOES: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER 21 ~ ~ `~, VICKI LYNNE KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne 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. 806, of said Council, and that the same has not been amended or repealed. DATED: May 13, 1987 ~~~J-~-~ VICKI LYNNE SAD, CITY CLERK CITY OF LAKE LSINORE (SEAL) CITY OF LAKE ELSINORE ORDINANCE NO. 808 AN ORDINANCE OF THE CITY OF LAKE ELSINORE REPEALING TITLE 10 OF THE LAKE ELSINORE MUNICIPAL CODE AND AND ADOPTING A NEW TITLE 10 ENTITLED VEHICLES AND TRAFFIC THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Title 10 of the Lake Elsinore Municipal Code , and all ordinances relating thereto, are hereby repealed and deleted and a new Title 10 is hereby adopted to read as follows: "Title 10 "Chapters• VEHICLES AND TRAFFIC 10.04 General Provisions 10.08 Definitions 10.12 Administration 10.16 Traffic Control Devices, Signs, Signals and Markings 10.20 Speed Limits 10.24 'Truck Routes 10.28 Oversize Vehicles 10.32 Parades 10.36 Off-The-Road Vehicles 10.40 Stopping, Standing and Parking 10.44 Private Roads and Parking Facilities 10.48 Displaying Vehicles for Sale 10.52 Bicycles 10.56 Skateboards and Rollerskates 10.60 Violations "Chapter 10.04 GENERAL PROVISIONS "Sections• 10.04.010 10.04.020 10.04.030 10.04.040 10.04.050 10.04.060 Short Title State Law Scope State Approved Required Enactment by Resolution Severability "10.04.010 Short Title. Title 10 of the Lake Elsinore Municipal Code may be cited as the "Lake Elsinore Uniform Traffic Code". "10.04.020 State Law. The Vehicle Code for the State of California, as now or hereafter constituted, is hereby adopted by the City and a violation of said statutes shall be an offense against the City. "10.04.030 Scope. The provisions of the Vehicle Code and this title relative to traffic upon highways and official traffic control devices upon highways shall be applicable to the following: A. All streets and highways, B. Those driveways, paths, roads, parking facilities, and grounds owned, operated or controlled by the City as determined by the Director of Public Services; and, C. Those privately owned and maintained roads and parking facilities as determined and designated by the Council by resolution according to the provisions of the Vehicle Code and City policy and when signs giving notice thereof have been erected.* "10.04.040 State Approval Required. Whenever the provisions of this title establish regulations applicable to a portion of a state highway or delegate to a city official authority for the administration and enforcment of regulations applicable to a portion of a state highway, said provisions shall have been submitted to the Department of Transportation in draft form for approval prior to enactment pursuant to the requirements of Vehicle Code. ** For statutory provisions pertaining to enforcement on private roads and-parking-facilities, see Vehicle Code. Sections 21107.5, 21107.6 and 21107.8. ** Statutory provisions requiring Caltrans approval of local ordinances include Vehicle Code Sections 21104, 21353, 22501, 22506 and 35702. "10.04.050 Enactment ~ Resolution. Pursuant to the provisions of the Vehicle Code, the designation of specific traffic regulations deemed necessary to provide for the proper flow of traffic shall be made by resolution of the City Council in the manner set forth herein. "10.04.060 Severability. If any part, chapter, section, subsection, paragraph, clause, phrase or word of this title shall be held to be void, invalid or unconstitutional by a valid judgment or decree of a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this title, and such remaining portions shall remain in full force and effect. "Chapter 10.08 DEFINITIONS "Sections• 10.08.010 10.08.020 10.08.030 10.08.040 10.08.050 10.08.060 10.08.070 10.08.080 Generally City Director of Public Services Loading Zone Local Street Police Authority State Highway Vehicle Code "10.08.010 Generally. The following words and phrases when used in this title shall for the purposes of this title have the meanings respectively ascribed to them in this chapter unless the context thereof requies a different meaning. Whenever any words or phrases used in this title are not defined in this chapter but are now or hereafter defined in the Vehicle Code of the State, such definitions are incorporated in this title and shall be deemed to apply to such words and phrases in this title as though set forth herein in full. "10.08.020 City. "City" shall mean City of Lake Elsinore, California. * For statutory provisions allowing for adoption by resolution, see Vehicle Code Section 32. "10.08.030 Director of Public Services. "Director of Public Services" shall mean the Director of Public Services for the City of Lake Elsinore or his duly authorized agent. "10.08.040 Loading Zone. "Loading zone" shall mean the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers and materials. "10.08.050 Local Street. 11Local Street" shall mean any street or highway in the City other than a State highway. "10.08.060 Police Authority. "Police Authority" shall mean the department(s) and/or contract agencies duely appointed or retained by the City to provide police and/or code enforcement "10.08.070 State Highway. "State Highway" shall mean those portions of State Route 74 and/or Interstate 15 within the City. "10.08.080 Vehicle Code. "Vehicle Code" shall mean the most current edition of the Vehicle Code of the State of California. "Chapter 10.12 ADMINISTRATION "Sections• 10.12.010 Powers of the City Council 10.12.020 Duties of the Director of Public Services 10.12.030 Enforcement "10.12.010 Powers of the City Council. Subject to State Law, the City Council shall exercise all municipal traffic authority for the City except those powers specifically and expressly delegated herein or by another ordinance. "10.12.020 Duties of the Director of Public Services. The Director of Public Services shall place and maintain, or cause to be placed and maintained, all official traffic control devices authorized by the Council. In addition, the Director of Public Services shall place and maintain, or caused to be placed and maintained, all other official traffic control devices where, in the opinion of said Director, such official traffic control devices are necessary to protect public safety. "10.12.030 Enforcement. It shall be the duty of the police authority to enforce the provisions of this title. "CHAPTER 10.16 TRAFFIC CONTROL DEVICES, SIGNS.SIGNALS AND MARKINGS "Sections• 10.16.010 10.16.020 10.16.030 10.16.040 10.16.050 10.16.060 Authority Uniform Standards Stop Signs One-Way Streets and Alleys Turning Movement Restrictions Required for Enforcement "10.16.010 Authority. The Director of Public Services is hereby authorized to place and maintain such traffic control devices deemed necessary to carry out the provisions of this title or to warn or guide traffic, except for the placement of traffic control devices requiring adoption of a resolution of the City Council. "10.16.020 Uniform Standards. Only those official traffic control devices that conform to the uniform standards and specifications promulgated by the Department of Transpor- tation of the State shall be placed upon a public street or highway. "10.16.030 Stop Sians. The City Council may designate any local street intersection as a stop intersection and direct the placement of stop signs at one or more entrances thereto, in the manner provided herein. A. Said designation shall be made by a resolution of the City Council adopted pursuant to this section. B. Any such resolution shall make a finding that the placement of stop signs at intersections so designated is necessary to facilitate the flow of traffic and/or prevent traffic conflicts; however, any such resolution shall not be required to make such a finding for stop signs placed prior to the date of the adoption of this section. * For statutory provisions pertaining to signs, signals and marking see Vehicle Code Section 21350 et. seq. C. Whenever such a finding is required pursuant to Subsection B, said finding shall only be made subsequent to the receipt of a report on the matter prepared by the Director of Public Services or his designee. D. Any such report shall summarize traffic survey findings made of the intersection(s) proposed for such a designation and, based upon accepted traffic engineering standards and criteria, shall make a recommendation as to whether or not such a determination is warranted. E. Whenever such a designation has been established, said designation shall only become effective upon placement of stop signs and/or markings in a manner consistent with the the requirements of the Vehicle Code. "10.16.040 One-Wav Streets and Alleys. The City Council may designate certain streets and/or alleys for one-way traffic in the manner provided herein. A. Said designation shall be made by a resolution of the City Council adopted pursuant to this section. B. Any such resolution shall state the limits of said designation and the designated direction of the lawful flow of traffic. C. Whenever such a designation has been established, it shall be unlawful for the operator of a vehicle to travel in the opposite direction. D. Whenever such a designation has been established, said designation shall only become effective when signs and/or markings giving notice of the direction of lawful traffic movement are placed and maintained at every intersection where movement of traffic in the opposite direction is prohibited. "10.16.050 Turning Movement Restrictions. The Director of Public Services is hereby authorized to determine those intersections at which the operators of vehicles shall not make a right turn, left turn or U-turn, and shall place proper signs and/or markings giving notice thereof. "10.16.060 Required for Enforcement. No provision of this title for which official traffic control devices are required may be enforced against any alleged violator thereof if, at the time and place of such alleged violation, any official traffic control device required by the provisions of this title or the Vehicle Code is not in place and sufficiently legible to be seen by an ordinary observant person. "Chapter 10.20 SPEED LIMITS "Sections• 10.20.010 Prima Facie Speed Limit 10.20.020 State Highway Limit 10.20.030 Local Streets Limit "10.20.010 Prima Facie Speed Limit. Except as provided herein, the prima facie speed limit for all streets and highways shall be as set forth in the Vehicle Code. "10.20.020 State Hiahway Limit. The prima facie speed limit for State Highway with the City shall be determined by the California Department of Transportation. "10.20.030 Local Streets Limit. A prima facie speed limit greater than or less than twenty-five miles per hour may be designated by the City Council for certain specified local streets in the manner provided herein. A. Said designations shall be made by a resolution of the City Council adopted pursuant to this section. B. Any such resolution shall declare the designated speed to be most appropriate to facilitate the orderly movement of traffic and to be reasonably safe. C. Any such declaration shall be based upon appropriate traffic engineering survey data. D. Any prima facie speed limit so designated shall become effective when appropriate signs giving notice thereof are erected upon the street or streets specified. * For statutory provisions pertaining to speed limits, see Vehicle Code Section 22348 et. seq. "Chapter 10.24 TRUCK ROUTES "Sections• 10.24.010 Authority 10.24.020 Route Designation 10.24.030 Weight Limitation 10.24.040 Signs Required 10.24.050 Exceptions "10.2.4.010 Authority. The City Council may prohibit the use of any street other than a designated truck route, by any vehicle exceeding a specified maximum gross weight limit. Any such prohibition shall be established in the manner provided herein. "10.24.020 Route Designation. Any street within the City may be designated as a truck route. Any such designation shall be made by a resolution of the City Council. "10.24.030 Weight Limitation. Whenever any such designated truck routes are so established, no person shall operate or park any vehicle exceeding a maximum gross weight limit of three (3) tons on any street, or portion thereof, except those streets so designated as truck routes. "10.24.040 Signs Required. The provisions of this chapter shall not be effective until and unless appropriate signs are erected identifying designated truck routes. Said truck route signs shall indicate that certain vehicle weight restrictions apply to all streets within the City other than designated truck routes. "10.24.050 Exceptions. The vehicle weight restrictions established herein shall not be effective for any of the following: A. Vehicles subject to the provisions of Section 1031- 1036 inclusive of the Public Utilities Code. B. Vehicles owned by a public utility or a licensed contractor while necessarily in use in the construction, installation, or repair of any public utility. * For statutory provisions regarding local regulation of truck traffic see Vehicle Code Section 35700 et. seq. C. Commercial vehicles coming from an unrestricted street having ingress or egress by direct route to and from a restricted street when necessary for the purpose of making pickups or deliveries of goods, wares and merchandise from or to any building or structure located on the restricted street or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling or construction of any building or structure .upon the restricted street for which a building permit has been previously obtained. "Chapter 10.28 OVERSIZE VEHICLES (To be enacted) "Chapter 10.32 PARADES "Sections 10.32.010 10.32.020 10.32.030 10.32.040 10.32.050 10.32.060 10.32.070 10.32.080 10.32.090 10.32.100 10.32.110 Parade Defined Permit Required Application Permit Fees Review of Request Approval of Permit Contents of Permit State Highway Notification of Officials street Closure Revocation of Permit "10.32.010 Parade Defined. For the purposes of this chapter, "parade" shall mean any march or procession, other than a funeral procession, consisting of persons, animals or vehicles, or combinations thereof, upon any public street, sidewalk, alley, or other public place, which parade does not comply with normal and usual traffic regulations or controls. "10.32.020 Permit Required. No person shall conduct, manage, or participate in parade without a written permit from the City Council. "10.32.030 Application. Any person wishing to conduct or manage a parade shall, not less than sixty (60) nor more than one hundred eighty (180) days prior to the date of the proposed parade, file an application for same with the City Manager. In order to be considered, said application shall be submitted on a form to be provided by the City and said form shall be completely filled out. "10.32.040 Permit Fees. Permit fees shall be established by resolution of the City Council. Said fees shall consist of two parts: an application processing fee and a fee to cover parade administration costs. The permit processing fee shall be paid at the time of the filing of the application. The parade administration fee shall be paid prior to the approved date of the parade. "10.32.050 Review of Request. Upon receipt of an application for a parade permit, the City Manager shall refer same to the police authority who shall review said application and prepare a report pertaining to the proposed parade. Said report shall contain a recommendation as to whether to issue or deny the parade permit. If the recommendation is to deny issuance, the report shall state the grounds for such recommendation. If the recommendation is to issue the permit, the report shall state the approved time, place and route of the parade and shall contain such conditions of approval as are deemed necessary and appropriate to insure the public's health and safety. "10.32.060 Approval of Permit. Within forty-five (45) days of the City Manager's receipt of a complete application, the City Council will rule on such application which may be denied, approved, or approved subject to reasonable conditions. The Council's consideration of the application may include, but not be limited to, the following: A. Traffic circulation and regulation. B. Adequate police-protection-for the-proposed parade and remainder of the City. C. Whether the application allows sufficient time to properlty protect the public interest. D. Adequate liability insurance to protect the City. "10.32.070 Contents of Permit. Upon approval by the City Council the City Manager shall issue a parade permit. Said permit shall prescribe: A. The assembly area and the time therefor; B. The starting time; C. The minimum and maximum speeds; D. The route of the parade; E. What portions of streets to be traversed may be occupied by such a parade. F. The maximum number of platoons or units and the maximum and minimum intervals of space to be maintained between the units of such parade. G. The maximum length of such parade in miles or fractions thereof; H. The disbanding area and disbanding time; I. The number of persons required to monitor the parade; J. The number and type of vehicles, if any; K. The material and maximum size of any sign, banner, placard, or carrying device therefor; L. That the permittee advise all participants in the parade, either orally or by written notice, of the terms and conditions of the permit prior to the commencement of such parade; M. That the amplification of sound permitted to be emitted from sound trucks or bull horns be fixed and not variable; N. That the parade continue to move at a fixed rate of speed and that any wilful delay or wilful stopping of such parade, except when reasonably required for the safe and orderly conduct of the parade, shall constitute a violation of the parade permit; and O. Such other requirements as are found by the City Manager to be reasonably necessary for the protection of persons or property. All conditions of the permit shall be complied with so far as reasonably practicable. "10.32.080 State AiahwaV. In addition to permits and fees required herein above, a permit from CalTrans shall be required for all parades wherein the route thereof will traverse any State highway within the city. An application to CalTrans for a permit to traverse a State highway within the City shall comply in form and content with their guidelines for such events which may include, but not necessarily be limited to, appropriate approval by the City, California Highway Patrol and appropriate fees. "10.32.090 Notification of Officials. Upon issuance of a parade permit, the City Manager shall send a copy thereof to the following: A. The Police authority; B. The Fire Chief; C. The Director of Public Services; D. All utility districts and companies; E. Manager of the local ambulance service; F. The transit coordinator for Lake Elsinore Transit System (L.E.T.S.); G. The manager of the Riverside Transit Agency; and, H. The postmaster of the Lake Elsinore Post Office. "10 .32.100 Street Closure. The police authority shall have the authority, when reasonably necessary, to termporarily close a portion of any street for a parade when in their opinion such closing is necessary for the safety and protection of parade participants and/or the general public. "10.32.110 Revocation of Permit. Violation of any term or condition of the permit shall effect its immediate revocation. Further, the City Manager may revoke any permit approved by the City Council when, by reason of disaster, public calamity, or other emergency, the City Manager determines that the safety of persons or property demands such revocation. "Chapter 10.36 OFF-THE-ROAD VEHICLES "Sections• 10.36.010 General Provisions 10.36.020 Permission Required 10.36.030 Exemptions 10.36.040 Spark Arresters "10.36.010 General Provisions. The operation of any vehicle on land other than a street, road or highway shall be subject to the provisions of Division 16.5 of the Vehicle Code and those provisions set forth in this chapter. "10.36.020 Permission Required. No person shall operate a motor vehicle on land or property owned or occupied by another person unless he has in his immediate possession, at the time of such operation of such vehicle, written permission from the owner of such land, his agent, or the person in lawful possession thereof, and displays such written permission to the police authority upon request. "10.36.030 Exemptions. The provisions of Section 10.36.020 of this chapter shall not apply to: A. Any person who, at the time of his operation of a vehicle, has lawful business with the owner of the land or his agent or the person in lawful occupancy or possession thereof; B. A person who is driving or operating a vehicle on public or privately owned land which is expressly set apart by the owner or lawful occupant thereof for the use of such vehicle pursuant to any permit or license isued by the City under its zoning regulations or other enabling law. C. The operation of any vehicle being used at the time of such operation for agricultural purposes, grading or construction purposes, governmental purposes, or golf carts on golf courses; D. The operation of any authorized emergency vehicle as defined in the Vehicle Code. "10.36.040 Sbark Arresters. No person shall operate any "off-highway motor vehicle" as defined in the Vehicle Code, within the City unless it is equiped with a spark arrester. "Chapter 10.40 "Sections° 10.40.010 10.40.020 10.40.030 10.40.040 10.40.050 10.40.060 10.40.070 10.40.080 10.40.090 10.40.100 10.40.110 10.40.120 10.40.130 10.40.140 "10.40.010 STOPPING STANDING AND PARKING Parking Prohibited Parking Restrictions Angle Parking Parking Space Markings Handicapped Parking Loading Zones Bus Zones Taxi Zones Public Parking Lots Commercial Vehicles Seventy-two Hour Limit Parking on Hills Parking in Alleys Temporary Suspension of Regulations Parkina Prohibited. The City Council may designate "No Parking Zones" on certain streets, or portions thereof in the manner provided herein: A. Said designation shall be made by resolution of the City Council adopted pursuant to this section. B. Any such resolution may establish such zones on certain streets, or portions thereof, during all or certain hours of the day. C. It shall be unlawful to park, stop or leave standing any vehicle, whether attended or unattended, in any "NO Parking Zones" so established. Any such vehicle may be removed from the street at the direction of the police authority. D. Whenever such a "No Parking Zone" is established on a portion of street subject to parking restrictions, the parking prohibition shall prevail. E. Whenever any such "No Parking Zone" is established, said area(s) shall be identified by signs or markings giving notice thereof. "10.40.020 Parkina Restrictions. The City Council may establish parking restrictions on certain streets, or portions thereof, in the manner provided-herein-. For statutory provisions pertaining to the regulations of parking see Vehicle Code Section 22500 et. seq. A. Said parking restrictions shall be set forth in a resolution of the City Council adopted pursuant to this section. B. Any such resolution may establish parking restrictions on certain streets, or portions thereof, during all or certain hours of the day. C. Any such parking restrictions established in order to facilitate the sweeping of streets shall be enforced in accordance with the restrictions set forth in the Vehicle Code. D. It shall be unlawful to park, stop or leave standing any vehicle, whether attended or unattended, on any street so designated, for a period of time longer than that permitted by said resolution. E. Whenever two or more parking time limitations are established over the same portion of street, the more restrictive time limitation shall prevail. F. Whenever any such parking restrictions are established the area(s) affected shall be identified by signs or markings giving notice thereof. "10.40.030 Angle Parking. The City Council may designate the location of angle parking on certain streets, or portions thereof, in the manner provided herein. A. Said designation shall be made by resolution of the City Council adopted pursuant to this section. B. Any such resolution may establish angle parking on any specified street, or portion thereof; provided that such angle parking shall not be permitted upon any street where such parking would diminish the width of the roadway available for travel to less than twenty feet, nor upon any street which is a continuation of or part of a county truck line highway or a state highway unless a clear width of forty feet is left for the movement of vehicles when angle parking is permitted, nor shall any vehicle be permitted to park in any manner as to reduce the width of the roadway available to travel to less than twenty feet, nor upon any State highway unless the surfaced roadway between curbs is more than sixty-five (65) feet in width. "10.40.040 Parking Space Markin s. The Director of Public Services shall place and maintain parking space markings in those areas where parking restrictions have been established in accordance with the provisions of this chapter. When such parking space markings are placed, subject to other and more restrictive limitations, no vehicle shall be stopped, left standing, or parked other than within a single space. "10.40.050 Handicapped Parking. Parking spaces may be reserved for the exclusive use of vehicles displaying proper disabled persons' exemption identification as defined in the Vehicle Code. The Director of Public Services is hereby authorized to locate and establish such reserved spaces in public parking lots and in curb side parking areas as may be reasonably necessary to meet the needs of the disabled. Whenever any handicapped parking spaces are so designated, said spaces shall be identified by signs or markings giving notice thereof in a manner consistent with the provisions of the Vehicle Code. "10.40.060 Loading Zones. The City Council may designate the location of loading zones on certain streets in the manner provided herein. A. Said designation shall be made by resolution of the City Council adopted pursuant to this section. B. Whenever such a zone is established on any street subject to any parking prohibition or restriction established pursuant to this chapter, said parking prohibitions or restrictions shall not apply to said loading zone. C. It shall be unlawful for the operator of any vehicle to park or stop such vehicle for any purpose other than the loading or unloading of passengers or materials; provided, however, no stop for the loading or unloading of passengers shall be made for more•than-three (3} minutes-nor the. loading or unloading of materials for more than twenty (20) minutes in any Loading Zone so established. D. Whenever any such Loading Zone is established, the area(s) affected shall be identified by signs or markings giving notice thereof. "10.40.070 Bus Zones.* The Director of Public Services is hereby authorized to establish bus zones opposite curb space for the loading and unloading of buses or common carriers of passengers and to determine the location thereof, when such zones are found by him to be necessary and will not cause a safety hazard. Whenever such a zone is established on any street subject to any parking prohibition established pursuant to this chapter, said parking prohibition shall not apply to buses. Whenever such a zone is established, the area affected shall be identified by signs or markings giving notice thereof. "10.40.080 Taxi Zones.* The City Council may designate the location of taxi zones on certain streets in the manner provided herein. A. Said designation shall be made by resolution of the City Council adopted pursuant to this section. B. Whenever such a zone is so designated it shall be marked by painting the curb red with the words "Taxi Loading Zone" in white letters. C. Whenever such a zone is so designated and so marked, said zone shall be for the exclusive use of taxicabs and public carriers and it shall be unlawful for the operator of any other vehicle to park or stop such vehicle in said zone. D. Taxicabs and other carriers may park their vehicles in said designated area for the receiving and discharging of passengers or for any other taxicab purpose at any time. "10.40.090 Public Parking Lots. Any parking regulation, restriction or prohibition set forth in this chapter may be applied to any off-street publicly-owned parking lot or facility. "10.40.100 Commercial Vehicles. It shall be unlawful to C'.. park or leave standing any commercial vehicle with a gross - weight of more than 10,000 pounds on any residential street except for loading and unloading purposes in connection with local deliveries. * For statutory provisions pertaining to bus and taxi zones, see Vehicle Code Section 21112. "10.40.110 Seventy-two Hour Limit. It shall be unlawful to park, stop or leave standing any vehicle upon any City street right-of-way for more than a consecutive period of seventy-two (72) hours. Any such vehicle may be removed from the street at the direction of the police authority in the manner prescribed in and subject to the requirements of the Vehicle Code. "10.40.120 Parking on Hills. It shall be unlawful to park, stop or leave standing any vehicle unattended on a highway when upon any grade exceeding three percent (3%) within any business or residence district without blocking the wheels of said vehicle by turning them against the curb or by other means. "10.40.130 Parking in Alleys. It shall be unlawful to park, stop or leave standing any vehicle in any alley for purpose other than the loading or unloading of materials in any alley. Such parking shall not exceed twenty (20) minutes. In no event shall the driver of such vehicle leave less than one traffic lane for unobstructed passage. "10.40.140 Temporary Suspension of Regulations. When deemed warranted by special circumstances the police authority may temporarily suspend parking regulations, restrictions or prohibitions established pursuant to this chapter. "Chapter 10.44 PRIVATE ROADS AND PARKING FACILITIES "Sections• 10.44.010 Private Roads Open for Public Use 10.44.020 Commercial Access Roads 10.44.030 Private Parking Facilities "10.44.010 Private Roads open for Public Use. * The City Council may find and declare that there are privately owned and maintained roads within the City which are generally held open for use of the public for purposes of vehicular traffic and * For statutory provisions pertaining to the enforcement of the Vehicle Code on private roads open for public use, see Vehicle Code Section 21107.5 should, therefore, be subject to the provisions of the Vehicle Code, provided such finding and declaration is made in the manner provided herein. A. Said finding and declaration shall be made by resolution of the City Council adopted pursuant to this section. B. Any such resolution shall describe\and define those privately owned roads which shall be subject to the provisions of the Vehicle Code. C. Any such resolution shall contain a finding that the designated privately owned roads connect with a highway in such a way that the public cannot determine that such roads are not highways. D. Any such resolution shall only be enacted subsequent to a public hearing convened pursuant to the provisions of the Vehicle Code. E. Any such resolution shall not apply to any road described therein which has been identified by the owner as a private road in the manner prescribed by the Vehicle Code. "10.44.020 Commercial Access Roads.* The City Council may find and declare that there are privately owned and , maintained roads within the City which are generally held open to the public for purposes of vehicular travel to serve commercial establishments and should, therefore, be subject to the provisions of the Vehicle Code, provided such finding and declaration is made in the manner provided herein. A. Said finding and declaration shall be made by resolution of the City Council adopted pursuant to this section. B. Any such resolution shall describe and define those privately owned roads which shall be subject to the provisions of the Vehicle Code. * For statutory provisions pertaining to the enforcement of the Vehicle Code on private roads serving commercial establishments, see Vehicle Code Section 21107.6. C. Any such resolution shall only be enacted subsequent to a public hearing convened pursuant to the provisions of the Vehicle Code. D. Any such resolution shall not apply to any road described therein which has been identified by the owner as a private road in the manner prescribed bg the Vehicle Code. "10.44.030 Private Parkins Facilities.* The City Council may find and declare that there are privately owned and maintained off-street parking facilities within the City which are generally held open for use of the public for purposes of vehicular traffic and should, therefore, be subject to certain provisions of the Vehicle Code, provided such finding and declaration is made in the manner provided herein. A. Said finding and declaration shall be made by resolution of the City Council adopted pursuant to this section. B. Any such resolution shall describe and define those privately owned parking facilities which shall be subject to those certain provisions of the Vehicle Code stated herein. C. Any such resolution shall only be enacted subsequent to a public hearing convened pursuant to the provisions of the Vehicle Code. D. Upon the adoption of such a resolution, Sections 22350, 23103 and 23109 and the provisions of Division 16.5 (Sec 38000 et. seq.) of the Vehicle Code shall apply to those privately owned parking facilities described in said resolution provided the owner or operator of said facilities has caused to be placed certain notice, in the manner prescribed in the Vehicle Code, to the effect that the off-street parking facility is subject to public traffic regulations and control. * For statutory provisions pertaining to the enforcement of the Vehicle Code in or on private parking facilities, see Vehicle Code Section 21107.8. "Chapter 10.48 DISPLAYING VEHICLES FOR SALE "Sections• 10.48.010 Certain Advertising for Sale Prohibited 10.48.020 Prohibition on Advertising Vehicles for Sale Exceptions "10.48.010 Certain Advertisina for Sale Prohibited. Except as otherwise provided in this chapter, no person shall park any vehicle on any public or private property for the purpose of displaying, advertising, or offering such vehicle for sale or for the purpose of selling such vehicle. "10.48.020 Prohibition on Advertisina Vehicles for Sale: Exceptions. The provissions of Section 10.48.010 of this chapter shall not apply to any of the following: A. Any person parking no more than one vehicle at a time for the purpose specified above on property in which such person has an estate or right of possession, or on the property of another, with the written consent of the owner or lessee or person in lawful possession of such property, where there is no more than one vehicle so parked and displayed at any one time on such property; B. Any person licensed pursuant to the provisions of Chapter 3 (commencing with Section 11500) or Chapter 4 (commencing with Section 11700) of Division 5 of the Vehicle Code of the State and operating at place of business where such business is permitted by the zoning laws of the City; C. Any person parking any vehicle for the purpose specified above on property which is the established place of business of a person licensed as specified in subsection (b) of this section;-so long as-the-person-parking-the. vehicle has the consent of the person so licensed. "10.56.050 Operation After Dark. No person shall ride upon, propel or otherwise operate a skateboard or rollerskates upon any roadway during the period between sunset and sunrise. "10.56.060 Incline Device. No person shall construct, place or maintain or use a ramp or other incline device to be used for skateboarding or rollerskating, upon any public sidewalk or roadway. "Sections• "Chapter 10.60 10.60.010 Penalty for Violations 10.60.020 Deposit to Traffic Safety Fund "10.60.010 Penalty for Violations Whenever in this traffic code or any rule or regulation promulgated pursuant thereto, any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful or a misdeameanor, where no specific penalty is provided therefor, the violation of any such provision of this code shall be punished according to Chapter 1.16. "10.60.020 Deposit to Traffic Fund. Whenever any fines and/or forfeitures collected pursuant to Chapter 1.16 are for violations to provisions of Title 10, said collections shall be deposited into a special fund which has been created and is known as the "Traffic Safety Fund." SECTION TWO. This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 23rd day of June 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE N J. RIGOT , MAYOR ITY OF LAKE ELSINORE ATTEST: VICKI LYNNE SAD, CITY CLERK CITY 'OF LAK ELSINORE APPROVED AS TO FORM AND LEGALITY: PASSED, APPROVED AND ADOPTED UPON SECOND READING this 28th day of ~uIY , 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ~ J. T T , MAYOR CITY O LAKE ELSINORE ATTEST : ~~ ~ vtv.a\i ad a: avavL „rau, ,.i .v ..i..~.... CITY OF LAKE LSINORE APPROVED AS TO FORM AND LEGALITY: u vaaav u[awrua~, CITY OF LAKE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on June 23rd 1987, and had its second reading on July 28th 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 9i) U~ ~~ V GI-'KI LYNN. KASAD, CITY CLERK CITY OF LA ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne 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. 808, of said Council, and that the same has not been amended or repealed. DATED: .TUly 29, 1987 i VIC LY'~I'~VEASAD, CITY CLERK CITY OF LAK ELSINORE (SEAL). "Chanter 10.52 BICYCLES "Sections• 10.52.010 Vehicle Code 10.52.020 Bicycle Routes 10.52.030 Operation on Sidewalks Prohibited 10.52.040 Right-of-Way 10.52.050 Parking Bicycles "10.52.010 Vehicle Code. Every person operating a bicycle upon any street or upon any bicycle route established pursuant to this chapter shall be subject to all of the provisions of the Vehicle Code applicable to the driver of a vehicle, except those provisions which by their very nature can have no applicability. "10.52.020 Bicycle Routes. The City Council may establish bicycle routes and/or lanes in the manner provided herein. A. Said bicycle routes and/or lanes shall be set forth in a resolution of the City Council adopted pursuant to this section. B. Any such resolution may establish bicycle routes and/or lanes on any street or sidewalk, or on any other facility { provided for such use. C. Any bicycle route so established on any street or sidewalk shall be marked and identified in accordance with the provisions of said section of the Vehicle Code. D. Any bicycle route so established on any facility created solely for the use of bicycles and pedestrians may be marked and identified as needed to assist and direct the use thereof. "10.52.030 Operation on Sidewalks Prohibited. It shall be unlawful for any person to operate or ride upon a bicycle on any sidewalk which is not a part of a designated bicycle route established pursuant to this chapter and property marked and identified in accordance with the provisions pertaining thereto. "10.52.040 Right-of-Wav. On any facility designated to be jointly used by both pedestrians and bicycles, the operator of any bicycle shall yield the right-of-way to any pedestrian. * For statutory provisions pertaining to bicycles, see Vehicle Code Section 21200 et. seq. "10.52.050 Parking Bicycles. In addition to those bicycle parking regulations set forth in the Vehicle Code, the Director of Public Services is hereby authorized to designate bicycle parking areas and/or bicycle parking prohibitions upon certain streets, sidewalks or parking lots as may be deemed necessary to provide for the general welfare. Whenever any such bicycle parking provision or prohibition is so designated, the area of designation shall be identified by signs or markings giving notice thereof. "Chapter 10.56 SKATEBOARDS AND ROLLER SKATES "Sections• 10.56.010 Scope 10.56.020 Operation in a Business District Prohibited 10.56.030 Reckless Operation 10.56.040 Right-of-Way 10.56.050 Operation After Dark 10.56.060 Incline Device "10.56.010 Scope. The provision of this chapter shall apply to all wheeled objects not classified as motor vehicles, motorized bicycles or bicycles in this title or in the Vehicle Code, including, but not limited to, skateboards, roller skates, coasters, scooters and toy vehicles. "10.56.020 Operation in a Business District Prohibited. No person shall ride upon, propel or otherwise operate a skateboard or roller skate upon a sidewalk or parking area in a business district. "10.56.030 Reckless Operation. No person shall ride upon, propel or otherwise operate a skateboard or roller skates in willful or wanton disregard for the safety of persons or property. "10.56.040 Riaht of Wav. The rider or operator of a skateboard or roller skates upon any sidewalk or roadway shall yield the right-of-way to all pedestrians, animals, wheelchairs and motor vehicles. * For statutory provisions pertaining to skateboards and roller skates, see Vehicle Code Section 21967 and 21969. ORDINANCE NO. R09 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 17.23.080.B.1 OF THE LAKE ELSINORE MUNICIPAL CODE REGARD- ING SIDE YARD SETBACKS FOR A MAIN DWELLING IN THE R-1 (SINGLE-FAMILY RESIDENTIAL) ZON- ING DISTRICT BY THE ADDITION OF AN EXCEPTION FOR EXISTING LOTS THAT ARE SUBSTANDARD IN WIDTH. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: Section 17.23.080. B.1 of the Lake Elsinore Municipal Code is hereby amended to read as follows: "B. Side yard: "1. Main dwelling unit: Adjacent to interior lot lines there shall be a minimum side yard of five feet (5'). Adja- cent to a public right-of-way the minimum side yard shall be fifteen feet (15'). Exception: On existing, legally non-conforming lots which are substandard in width, a minimum setback of ten (10) percent of the lot width may be allowed adjacent to interior lot lines with a minimum of three feet (3'), and a minimum of twenty (20) percent of the lot width may be allowed adjacent to a public right-of-way." SECTION TWO. This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 26th day of May, 1987, upon the following roll all vote: AYES: COUNCILMEMBERS: DOMIPJGUEZ, MATSON, VERMILLION, WINKLER NOES: COUNCILMEMBERS: STRIGOTTE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 9th day of June, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: DOMINGUEZ, MATSON, VERMILLION, WINKLER STRIGOTTE NONE NONE i%~~ Le J. Str gotte, Mayor ATTEST: ~ _ , Vicki hynne asad, City Clerk (SEAL) APPROVED AS TO FORM AND LEGALITY: Y-r~ ~i John R. Harpe City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on May 26, 1987, and had its second reading on June 9, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: VICKI LY SA ,(~K CITY OF LAK ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) STRIGOTTE NONE NONE I, Vicki Lynne 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. 809, of said Council, and that the same has not been amended or repealed. DATED: June 10, 1987 ~ r K NNE SAD, .CITY CLERK CITY OF LAKE LSINORE (SEAL) CITY OF LAKE ELSINORE ORDINANCE NO. 810 AN ORDINANCE OF THE CITY OF LAKE ELSINORE REPEALING CHAPTER 8.16 OF THE LAKE ELSINORE MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 8.16 ENTITLED REFUSE COLLECTION THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.16 of the Lake Elsinore Municipal Code, and all ordinances relating thereto, are hereby repealed and deleted and a new Chapter 8.16 is hereby adopted to read as follows: "Chapter 8.16 REFUSE COLLECTION "Section 16: 8.16.010 Title. 8.16.020 Definitions. 8.16.030 Tampering 8.16.040 Storage of refuse. 8.16.050 Unauthorized accumulation of refuse. 8.16.060 Scattering of refuse. 8.16.070 Burning refuse. 8.16.080 Containers - Requirements. 8.16.090 Containers - Garbage and waste. 8.16.100 Containers - Refuse. 8.16.110 Containers - Placement location. 8.16.120 Containers - Date and time of placement. 8.16.130 Containers - Supervision by owner. 8.16.135 Containers - Damage by City agent. 8.16.140 Special collection - Nonconforming refuse. 8.16.150 Special collection - Contagious disease refuse. 8.16.160 Special collection - Inflammable, explosive or radioactive refuse. 8.16.170 Rules and regulations. 8.16.180 Dead animals. 8.16.190 Violations. 8.16.200 Collection - City right. 8.16.210 Collection - Exempt persons. 8.16.220 Collection - Selection of City agent. 8.16.230 Rates and charges - Schedule. 8.16.240 Rates and charges - When payable. 8.16.250 Rates and charges - Collection 8.16.260 Rates and charges - Delinquent charges. 8.16.270 Exemption from service. 8.16.280 Rates and charges a debt. 8.16.290 Unlawful acts. 8.16.300 Disposal. 8.16.310 Transfer of refuse. 8.16.320 Use of vehicles. 8.16.330 Appropriation of funds. 8.16.340 Violation. "8.16.010 Title. This chapter shall be known as "the refuse collection ordinance of the City of Lake Elsinore" * for State law as to garbage and refuse disposal generally, see H. & S.C., Section 4100 et seq. As to authority of City to enter into garbage disposal contracts, see H. & S.,C., Section 4250. As to requirement that waste materials be placed in receptacles in parks, see Section 14.08.090. -1- "8.16.020 Definitions. The following words and phrases, for the purpose of this chapter, are defined and shall be construed as hereinafter set out, unless it is apparent from the context that they have a different meaning: (A) "By-products" means and includes: (1) All material produced, developed or generated incidental to the operation of any business, which is not the principal object of production of such business, but which material, due to its nature, can be sold by the producer thereof at a price greater than the cost of hauling such material to the point of delivery, (2) All material which, due to its nature, can be sold by the producer thereof, at the point of production, for a valuable consideration, (3) All material which the owner or producer thereof can, due to its nature, have removed from his premises without cost to him. (4) All such materials as the City Council, by resolution, designates as by-products; (B) "City agent" means any person or corporation, or the employee or agent thereof, with whom the City may contract for the collection and/or disposal of garbage, rubbish, and other refuse; (C) "Combustible rubbish" means dry leaves or brush, paper, paste- board, Christmas trees, carpet, rags, clothing, books, hair, hides, boots, shoes, straw and combustible packing, barrels, boxes, furniture and similar articles which will incinerate through contact with flames of ordinary temperature; (D) "Container" means any vessel, tank, receptacle, box or bin used or intended to be used for the purpose of holding garbage, food-plant waste, market greens, and market refuse; (E) "Corporations", as hereinafter used, means and includes corporations, copartnerships, and all business enterprises, associations or organizations, however designated; (F) "Food-plant waste" means all garbage from places of business, resulting from the manufacture of food or drink to be consumed elsewhere than on the premises; (G) "Garbage" means all animal and vegetable refuse from kitchen or household waste, which shall have been prepared for or intended to be used as food or shall have resulted from the preparation of food; -2- (H) "Junk" includes worn out and discarded materials which may be turned to some use, but shall not include rubbish, by-products, or salvage; (I) "Market greens" means and includes all garbage which is leafy vegetable matter, such as lettuce trimmings, carrot tops, corn husks, and the like, from places of business; (J) "Market refuse" means and includes decayed and unsound meat, fish, fruit and vegetables other than market greens, and any other animal and vegetable refuse from places of business; (K) "Noncombustible rubbish" means ashes, bottles, broken crockery, glass, tin cans and metallic substances which will not incinerate through contact with flames of ordinary temperature; (L) "Place of business" means any hotel, motel, trailer court, restaurant, cafeteria, market, hospital, or any professional, commercial or industrial establishment where there is an accumulation of refuse; (M) When the term "refuse" is used singly in this chapter, it means and includes any and all types of rubbish, refuse, garbage or waste material defined in this section. (N) "Salvage" includes rubbish, from which articles of value or materials of value, may be extracted, segregated, removed or developed; (0) "Transfer station" means the site where collected refuse may be transferred to vehicles which will haul the refuse to a disposal site. "8.16.030 Tampering_ All garbage, rubbish, and other refuse, whether combustible or noncombustible, including but not limited to paper, cardboard, metal, and like salvage material, when placed by the owner thereof outside of the building or structure wherein said material was produced, accumulated or found, shall be considered as having been placed in said area by the owner or his authorized representative for collection and disposal by the City agent, and any removal, tampering or disturbance of said material by any person other than the owner or his authorized representative, or any person holding a permit from the City Manager or the City agent authorizing the removal thereof, or the City agent,-is a violation-of this-provision and shall be punishable as herein- after provided. -3- "8.16.040 Storave of refuse. No person shall dump, deposit, place or bury in or upon any lot, land, street, alley or public place, any garbage, rubbish, or other refuse, except it be in proper containers or receptacles, nor shall any person dump, deposit, place or throw any garbage, rubbish, or other refuse in any creek, stream, water, or water way within the City; provided that express approval to store or dispose of refuse in this manner may be given by the City Manager where circumstances so warrant. "8.16.050 Unauthorized accumulation of refuse. Any unauthorized accumu- lation of refuse on any premises is a nuisance and is prohibited, and failure to remove any existing accumulation of refuse within thirty (30) days after the effective date of this chapter, is a violation thereof. "8.16.060 Scattering of refuse. No person shall cast, place, sweep or deposit anywhere within the City any garbage, rubbish, or other refuse in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, storm drain, parkway, or any other public place, or into any occupied premises within the City. "8.16.070 Burning refuse. Combustible rubbish may be burned in the City; provided that a written permit to burn said rubbish is obtained in advance from the fire department and, provided further, that the terms and conditions of the permit to burn are complied with. No person shall burn any other refuse in the City at any time. "8.16.080 Containers = Requirements. All containers used for the reception and removal of refuse shall be constructed of a durable material such as metal, plastic, processed cardboard, or material of similar strength. Containers which do not meet these requirements may be considered refuse and may be removed by the City agent. -4- When refuse, either from residents or from places of business, is of such nature that it cannot be placed in a container, it shall be carefully placed beside the refuse container(s) in securely tied bundles under forty pounds of weight. Tree limbs, trunks, hedge cuttings, brush, and lumber shall not exceed four feet in length. The City agent may waive-the capacity limitation where covered bins are provided. "8.16.090 Containers = Garbage and waste. Garbage, food-plant waste, market greens, market refuse, and other refuse containing water or other liquids shall be drained before being placed in a container or receptacle. Matter which is subject to decomposition shall be wrapped in paper or other combustible material before being placed in a container or receptacle. Refuse of the type set forth in this section shall be placed in a container or receptacle separate from other types of refuse, and said container or receptacle shall have a capacity of not less than ten gallons and not more than thirty gallons. The City agent may waive the capacity limitation where covered bins are provided. "8.16.100 Containers = Refuse. Except as provided in Section 8.16.090, all refuse containers and receptacles shall not exceed a total weight of sixty-five (65) pounds when filled and set out for collection and shall be of such design and dimensions to be reasonably handled. "8.16.110 Containers = Placement location. The container or receptacle for the purpose of collection and removal of refuse shall be placed on the curb in front of the premises occupied by the person depositing same; provided that if the premises adjoin an alley, the container or receptacle shall be located at the side of the alley nearest the premises; and provided further, that the City agent may designate some other location for the placement of a container or receptacle where such placement will expedite collection. -5- No person shall place a container or receptacle, or any refuse, in a public street or alley, except as hereinabove provided. "8.16.120 Containers = Date and time of placement. No person shall place, or cause to be placed, any refuse, or container or receptacle for refuse, in any public highway, or at any time other than the days established for the collection of such refuse on the particular route involved. Refuse, or a container for refuse, shall be placed as hereinabove provided between six p.m. of the date prior to the collection date and five a.m. of the collection date. All containers shall be removed from the place of collection within twelve hours after said containers have been emptied. "8.16.130 Containers = Supervision ~ owner. Each owner, occupant, tenant, or lessee of a house or building used for residential, business or commercial purposes, shall maintain supervision and surveillance over the refuse containers on his premises, and if the containers should not be emptied and the contents removed on the date and time scheduled by the City agent, he shall immediately notify the City agent. It shall be the duty of said agent to forthwith arrange for the collection and disposal of said refuse. "8.16.135 Containers _ Damage ~ City Agent• The City agent shall be responsible for damage to containers caused by the City agent, his employees or his agents. Any claim for damages must be submitted to the City agent concurrently with the City within thirty (30) days of the alleged occurrence. In no way shall the City be responsible for any damage of any type caused by the City agent, his employees or his agents. Said agent to forthwith arrange for the collection and disposal of said refuse. "8.16.140 Special collection _ Nonconforming refuse. Junk, salvage, and other refuse which exceeds the limitations hereinbefore set out may, at the discretion of the City agent, be scheduled for special collection upon the application of the owner of said refuse. Special collection charges may be assessed by the City agent for this service. -6- "8.16.150 Special collection = Contagious disease refuse. The removal of wearing apparel, bedding or other refuse from homes, hospitals, or other places where highly infectious or contagious diseases have prevailed, shall be performed under the supervision and direction of the health officer, and such refuse shall neither be placed in containers nor left for regular collection and disposal. "8.16.160 Special collection _ Inflammable, explosive or radioactive refuse. Highly inflammable or explosive or radioactive refuse shall not be placed in containers for regular collection and disposal, but shall be removed under the supervision of the fire department at the expense of the owner or possessor of the material. "8.16.170 Rules and regulations. The City Manager shall have the authority to make such other reasonable rules and regulations concerning individual collection and disposal, and relating to the hauling of refuse or by-products over city streets by private persons, or relating to the operation of a transfer section, as he shall find necessary, subject to the right of appeal from his order to the City Council. "8.16.180 Dead animals. No person shall place or deposit the body of any dead animal, fowl, reptile or fish upon public property. Upon the order of the City, the City agent sha71 promptly remove the carcass of any dead animal, fowl, reptile, or fish to such places as shall be designated by the health officer. Charges for the removal of said body shall be fixed by the City agent and shall be paid by the City, but only if removal was ordered by the City. "8.16.190 Violations. The City agent shall not be required to remove refuse from the premises of any person who is in violation of any section of this chapter; provided that whenever refuse is not collected, the City agent shall firmly attach to the container of said person a tag, at least two and one-eighth inches (2 1/8") by five and three-fourths inches (5 3/4") in size, upon which he shall indicate the reason for his refusal to collect said refuse, with reference to the provisions of this code or rules and regulations which form the basis for his refusal. -7- "8.16.200 Collection = City right• The City, in order to more effectually promote and protect the public health and safety and to reduce the danger and hazards of fire and conflagrations, reserves unto itself or its designated City agent or agents, the exclusive right to collect, transport and dispose of, or cause to be collected, transported and disposed of, all refuse. produced or found within the corporate limits of said City. It is unlawful for any person, firm, or corporation, except as provided in this chapter, to collect, transport or dispose of any refuse within the City. "8.16.210 Collection = Exempt persons. The collection, removal and disposal of all refuse shall be performed exclusively by the City or by the City agent or agents; provided that the following persons shall be exempt from the provisions of this section: (A) Any employee of the City who acts within the scope of his employment; (B) A person engaged in the business of gardening or landscaping, when removing and disposing of garden trimmings incident to said business; (C) Any person licensed by the City to remove and dispose of specific refuse. "8.16.220 Collection = Selection of City anent. The City Council shall select and enter into a contract with a qualified person(s) or corporation(s) engaged in the business of removing and disposing of refuse, and said person(s) or corporation(s) selected shall be known as the City agent(s) pursuant to this chapter. "8.16.230 Rates and charges = Schedule. The rates and charges for refuse collection and disposal, shall be established annually by Resolution of the City Council, provided that such charges shall take effect thirty (30) days after the passage of said Resolution. -8- "8.16.240 Rates and charges = When Davable. Rates and charges shall be payable in advance on the first day of each month; provided that special charges shall be due and payable when the service is rendered. Rates and charges for service commenced during a month shall be payable in advance on a pro rata basis. For purposes of prorating, only periods in excess of fifteen (15) days shall be used. "8.16.250 Rates and char4es _ Collection. Collection shall be accomplished by direct billing from the City, or at the option of the Council, the City agent may be designated to make such collection. In the event that the City agent shall make such collection, the procedure and other terms and conditions shall be as set forth in the contract with said City agent. "8.16.260 Rates and charges = Delinquent charges. Any rate or charge shall become delinquent if not paid within thirty (30) days of the time payment is due. Each delinquent account shall be charged a penalty of ten (10) percent of the monthly rate for each month the account is delinquent. "8.16.270 Exemption from service. Except as hereinafter provided, refuse collection service shall be mandatory for all residences and business establishments lying wholly or partially within the corporate limits of the City. An owner, occupant or operator of property may file with the City administrator a claim for exemption from service. Such claim shall be in writing and shall state why refuse collection service is unnecessary. The City administrator shall investigate such claim and, within fifteen days of receipt, grant or deny the claim. If the claim is denied, the decision may be appealed to the City Council, which shall review the claim and denial and shall render a final decision. If the claim is granted, the property shall be exempt from service for twelve (12} months, after which service shall be resumed unless a new claim is filed. -g- The City reserves the right to make periodic inspections of property exempt from service. If exempt property, upon inspection, is found to present a public nuisance or a hazardous or unsanitary condition due to an accumulation of refuse, the exemption shall be revoked immediately and refuse collection service shall be resumed forthwith. Rates and charges for refuse collection service shall be charged in all cases, unless an exemption is in effect. "8.16.280 Rates or charges a debt. The rates or charges which are imposed pursuant to the provisions of this chapter shall constitute a debt due to the City agent for which the owner, occupant or operator of the property shall be jointly or severally liable. No person shall willfully fail, neglect, or refuse, after demand for payment, to pay said rates or charges. "8.16.290 Unlawful act. No person or persons shall avoid, or conspire to avoid or refuse collection service by placing his or her refuse upon the property, or in the container, of another person, with or without the consent of the latter. "8.16.300 Disposal. Disposal of refuse of all kinds shall be made outside of the City limits, unless otherwise specifically authorized by the City Manager. "8.16.310 Transfer of refuse. Nothing in this chapter shall be construed to prevent the transfer of refuse within City limits from collection to disposal vehicles; provided that such transfer stations should not be conducted in violation of any State, County or City law. "8.16.320 Use of vehicles. Any persons who desire to operate privately owned vehicles on City streets for the business of collecting and/or disposing of refuse must obtain a permit for such operation from the City Manager. No permit may be granted where the said vehicles are not watertight, provided with a cover, and so operated as to prevent offensive odors escaping therefrom and refuse from being blown, dropped and spilled. -10- "8.16.330 Approariation of funds. The City Council shall, from time to time, by resolution or minute order, appropriate such funds as are necessary to carry out the provisions of this chapter." 8.16.340 Violation. Each violation of this chapter shall be treated as a separate violation. The first violation of this chapter shall be treated as an infraction only, subject to citation, the penalty and bail amount being $50.00. A second violation of this chapter shall be treated as an infraction only, subject to a citation, the penalty and bail amount being $100.00. A third and/or subsequent violation of this chapter shall be treated as a misdemeanor, with a maximum penalty of $500.00 per day and/or imprisonment for a period of up to one year. INTRODUCED AND PASSED UPON FIRST READING THIS 26th day of May , 1987, upon the first roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEPI6ERS: NONE PASSED; APPROVED AND ADOPTED UPON SECOND READING THIS 9th day of June 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERPILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ~f EON J STRIGO MAYOR CITY FLAKE ELSINORE ATTEST: ~~ .e ICKI LYNNE K AD, CITY CLERK CITY OF iJ~KE SINORE APPROVED AS TO FORM AND LEGALITY: ~VVYV JOHN HARP R, I Y ATTORNEY CITY OF LAKE E INORE -11- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on May 26, 1987, and had its second reading on June 9, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: VICK NE SAD, CITY CLER CITY OF LAKE ELSINORE (SEAL) ~~ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) NONE NONE NONE I, Vicki Lynne 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. 810, of said Council, and that the same has not been amended or repealed. DATED: June 10, 1987 a ` ` / V V Yom(^~~~ VICKI LYNNE SADf CITY CLERK CITY OF LAKE LSINORE (SEAL), ORDINANCE NO. 811 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RESCINDING EXISTING CHAPTER 98 OF TITLE 17 OF THE LAKE ELSINORE MUNICIPAL CODE AND ADDING A NEW CHAPTER 98 TO TITLE 17 TO SAID CODE WHICH SHALL BE KNOWN AS "TEMPORARY OUTDOOR ACTIVITIES" THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: Existing Chapter 98 of Title 17 of the Lake Elsinore Municipal Code is hereby rescinded in its entirety and anew Chapter 98 of Title 17, as contained in Exhibit "A", attached hereto and made a part hereof, is hereby added to said Code, and shall be known and may be cited as the "Temporary Outdoor Activities Ordinance". SECTION TWO: This ordinance shall take effect as provided by law. INTRODUCED AND PASSED UPON THE FIRST READING this 9th of June, 1987 , upon the following roll call vote: AYES: CDUNCILMEMBERS: DDMINGUEZ, MATSDN, WINKLER, STRIGOTTE NOES: CDUNCILMEMBERS: VERMILLION ABSENT: CDUNCILMEMBERS: NONE ABSTENTIONS: CDUfdCILMEMBERS: NONE upon the following roll call vote: PASSED, APPROVED AND ADOPTED UPON SECOND READING this 23rd day of June, 1987 AYES: NOES: ABSENT: ABSTENTIONS: CDUNCILMEMBERS: DDMINGUEX, MATSDN, WINKLER, STRIGOTTE CDUNCILMEMBERS: VERP1ILLIDN day CDUNCILMEMBERS: NONE CUUNCILMEMBERS: NONE Leon Stri te, Mayor ATTEST: \-~: Vicki li:'Kasad, City Clerk APPROVED A.~ 'i`O.FORM AND LEGALITY: ~~ John R. Harper City Attorney CHAPTER 17.98 TEMPORARY OUTDOOR ACTIVITIES Sections: 17.98.010 Purpose 17.98.020 Definitions 17.98.030 Categories 17.98.040 Application and Fees 17.98.050 Hearings 17.98.060 Action Upon Applications 17.98.070 Standards of Operations 17.98.080 overnight Camping 17.98.090 Sale or Dispensing of Alcoholic Beverages 17.98.100 Insurance 17.98.110 Performance Bonds 17.98.120 Variances 17.98.130 Appeals 17.98.140 Revocation Section 17.98.010 Purpose. This chapter is intended to provide for the regulation and control of temporary outdoor activities that occur on private property that are not otherwise permitted or regulated by this Title, in order to protect the public health, safety, and general welfare. Section 17.98.020 Definitions. For the purpose of this Chapter chapter, certain terms used herein are defined as follows: A. Temporary Outdoor Activity - Means an activity to which the public is invited with or without charge, which is held outside a building, on private property, on a temporary basis including, but not limited to, concerts, musical festivals, stage or theatrical shows, fairs, carnivals, exhibits, displays, sports events, automobile or animal races or competitions, tent revival meetings, and off-road vehicle events and also including private parties or outdoor activities not open to the public but held on vacant property not associated with a building or established facility otherwise permitted under this Title. B. Temporarv Uses - A use which is limited in time and extent and not involving construction or substantial improvements or significant alteration of the land. Section 17.98.030 Categories. The following categories of permits may be granted subject to the approvals set forth herein following application and payment of fees as set forth in Section 17.98.040 and provided compliance is demonstrated with the standards and provisions of this chapter. A. Major Outdoor Activity Permit. Temporary outdoor acti- vities at which more than 500 people may be expected to attend at one time may be permitted after a hearing as prescribed in Section 17.98.050, subject to the approval of City Council, upon application a minimum of sixty (60) days in advance of the scheduled activity. Major Outdoor Activity Permits shall not be granted for periods exceeding five (5) consecutive days or for events held more frequently than twice a year. B. Minor Outdoor Activity Permits. Temporary outdoor acti- vities at which between 150 and 500 people may be expected to attend at one (1) time may be permitted after a hearing as prescribed in Section 17.98.050, subject to the approval of the City Manager or his designee upon application a minimum of thirty (30) days in advance of the scheduled activity. EXHIBIT "A" ORDINANCE N0. 811 Minor Outdoor Activity Permits shall not be granted for periods exceeding five (5) consecutive days or for events held more frequently than twice a year. C. Activity Permits. Temporary outdoor activities at which less than 150 people may be expected to attend at one (1) time may be permitted subject to the approval of the City Manager or his designee Activity Permits shall not be granted for periods exceed- ing four (4) consecutive days or for events held more -frequently .than four (4) times a year with a minimum of thirty (30) days separating each occurrence. D. Temporary Use Permits. Temporary outdoor activities or other temporary uses at which less than 150 people may be expected to attend at any one (1) time which extend for longer than four (4) consecutive days may be permitted after a hearing as prescribed in Section 17.98.050 by the City Manager or his designee upon application a minimum of thirty (30) days in advance of the commence- ment of the activity or use. Temporary Use Permits may be granted only for commercial, industrial, or recreational zoned properties. Temporary Use Permits shall not be granted for periods exceeding thirty (30) consecutive days or for activities or uses held more frequently than once a year. Section 17.98.040 Application and Fees. Application for Major and Minor Outdoor Permits, Activity Permits, and Use Permits shall be filed with the Planning Division on a form prescribed by the Director of Community Development and shall include, but not be limited to, the following: A. Names and addresses of the sponsor, operator, and owner(s) of the property. B. Affidavit of the property owner authorizing use of the property for the proposed activity. C. Address and/or legal description of the property (Assessor's Parcel Number). D. Statement describing the proposed use together with any data pertinent to the consideration and granting of the requested permit, including, but not limited to: 1. Number of people expected to attend at any one time; 2. Total number of people expected to attend; 3. Dates and hours of operation; 4. Demonstration of compliance with the standards and provisions of this Chapter and that the conduct of the proposed activity or use will not be detrimental to the environment, or to the public health, safety or general welfare; E. A vicinity map. F. A dimensional site plan showing the boundaries of the property where the activity or use is proposed and illustrating the location of the major elements of the activity or use, including parking, access and circula- tion, water, and sanitary facilities; and G. A list of all current owners of property within three hundred feet (300') of the exterior boundaries of the subject property; the list shall be keyed to an Assessor's Parcel Map showing the location of these properties and a set of mailing labels for this list. Exception: This list is not necessary for an Activity Permit. H. Other information and plans as may be required by the Director of Community Development to determine whether a permit should be granted or denied. The Director may also authorize omission of any information or plans if he finds they are not necessary. Application shall be accompanied by a fee which shall be estab- lished in accordance with Chapter 3.32 of the Municipal Code. Section 17.98.050 Hearinas. Except for Activity Permits, a hearing shall be held by the designated entity, either the City Council or the City Manager or his designee at least one (1) week after notice has been given thereof as prescribed in Chapter 17.92.020.A. At this hearing the designated entity shall review the applica- tion and may receive comments from the public concerning the proposed activity or use and the manner in which it may affect surrounding properties or the public health, safety, or general welfare. Section 17.98.060 Action Upon Applications. The designated entity may approve, conditionally approve, modify, or deny the application after review of the application and any comments received. No application shall be approved unless the applicant has affirmatively demonstrated that all provisions of this Chapter will be complied with and that the proposed activity will not be detrimental to the environment, or the public health, safety, or general welfare. Section 17.98.070 Standards of Operations. Except as otherwise provided in this Chapter, Temporary Outdoor Activities may be permitted in any Zoning District, provided a permit is granted pursuant to the provisions of this Chapter. The following stan- dards shall be applied to all Temporary Outdoor Activities and compliance with these standards shall be demonstrated as a condition of the issuance of any permit provided for by this Chapter: A. Police protection. Every applicant shall employ at his own expense police protection as may be determined to be necessary. The number and type of officers shall be determined and specified by the chief of law enforcement officers to provide for the preservation of order and protection of property in and around the place of the activity. Funds to employ this specified number of law enforcement officers at the current hourly salary rate for policemen shall be deposited with the City at least ten (lo) days prior to the specified date the activity is to occur. B. Fire protection. Every applicant shall provide, at his own expense, adequate fire protection as determined by the fire protection agency or agencies having jurisdic- tion where the event is to be conducted. If the event is located in a hazardous fire area as defined by the River- side County Fire Code, a suitable number of fire guards shall be employed by the licensee, who shall be approved by the chief of the responsible fire protection agency-or agencies. Flammable vegetation and other fire hazards shall be removed in a manner and in such quantity as determined by the fire protection agency or agencies. First-aid fire extinguishment equipment shall be pro- vided as directed by the fire protection agency or agencies. Traffic lanes and other adequate space shall be designated and kept open for access and travel for ambulance, helicopter and other emergency vehicles to transport patients, or staff to appropriate on-site and off-site treatment facilities. C. Parking areas. 1. Every applicant shall provide adequate parking space for persons attending the activity by motor vehicle. 2. Persons desiring to operate or conduct an activity may be called upon to provide a parking space for every three (3) persons expected to attend the activity by motor vehicle. A parking plan shall be required to be submitted and approved prior the issuance of a permit. D. Access and parking control. Every applicant shall pro- vide adequate ingress and egress to the activity pre- mises and parking areas therefor. Necessary roads, driveways and entranceways shall exist to insure orderly flow of traffic into the premises from a highway or road which is a part of the City system of highways or which is a highway maintained by the State or County. A spe- cial accessway for fire equipment, ambulances and other emergency vehicles may be required. The Director of Public Services must approve the licensee's plan for ingress and egress before a license shall be issued. Additionally, any applicant may be required to show that traffic guards are under his employ to insure orderly traffic movement and relieve traffic congestion in the vicinity of the activity. E. Water facilities. 1. Every licensee shall provide from a water purveyor operating under a permit as required under the State Health and Safety Code, an ample supply of potable water for drinking and sanitation purposes on the premises of the activity. Location of water facilities on the premises must be approved by the health officer prior to issuance of a license. 2. The minimum supply of water to an outdoor activity is fifteen (15) gallons of water for each person in attendance per day. All water shall meet U.S. Public Health Service standards. Public and private flush-type water closets, lavatories and drinking facilities shall be required as determined by the County Health Officer. Sewage and drainage systems relating to such facilities shall meet the require- ments of the Health and Safety Code, and be subject to the prior approval of the County Health Officer. F. Sanitation facilities. Adequate sanitation facilities shall be provided as determined by the County Health Officer based upon State and local health laws. Provide facilities for the handicapped. G. Food concessions. Concessions must be licensed and oper- ate under valid Health Department permit pursuant to local ordinances and State laws. Every applicant shall provide at least one (1) flush-type water closet and lavatory for each sex in a closed facility for employees of each food concession or operation within the enclosure area of such food operation unless otherwise approved by the Health Officer. H. Hours of operation. All activities which are subject to permit under this Chapter shall close and cease operation continuously between the hours of twelve (12) midnight and eight (8) a.m. of each and every day. I. Illumination. Every applicant planning to conduct an activity after dark, or planning to allow persons who attend the activity to remain on the premises after dark, shall provide electrical illumination to insure that those areas which are occupied are lighted at all times. The Chief Building Official must approve the applicant's lighting plan as a prerequisite to issuance of a permit hereunder. An applicant may be required to illuminate specific areas on the premises in accordance with the following scale of lighting intensity: Illumination Watts/Square Feet Open areas reserved for spectators 0.05 Stage areas 5.00 Parking and overnight areas 0.25 Restroom and concession area 1.00 J. Medical facilities. Where a proposed activity is expec- ted to attract a large number of persons for a site located a substantial distance from adequate existing treatment facilities, the applicant shall be required to provide emergency medical treatment facilities on the premises. K. Trash and refuse. The site shall be cleaned and restored to its original condition or better at the conclusion of the event. An adequate number of trash receptacles shall be provided on-site and shall be emptied or removed as necessary at the applicant's expense. L. Noise. The amount of noise generated by the event shall not disrupt the activities of nearby land uses or other- wise violate the provisions of Chapter 17.78 of the Muni- cipal Code relating to Noise. M. Communication system. Applicant shall be required to establish a communication system for public use where ordinary communications are not available. N. Health and Safety Codes. All applicable laws and ordi- nances with respect to equipment used, construction, plumbing, mechanical, electrical, and all other respects shall be observed. 0. Sales of Goods and Services. All sales of goods and services shall be limited to or sponsored by one (1) of the following: 1. Non-profit organizations 2. Existing community organizations 3. Existing licensed businesses with an existing established business location within the City Section 17.98.080 Overnight Camoina. No overnight camping shall be allowed unless specifically authorized by City Council, in which case all camping and overnight areas shall obtain a temporary trailer park permit and comply with all applicable requirements of the California Administrative Code, Title 25. Section 17.98.090 Sale or Dispensing of Alcoholic Beverages. No sale or dispensing of alcoholic beverages shall be permitted ', unless specifically authorized by City Council. Section 17.98.100 Insurance. Any permittee may be required to obtain sufficient indemnity or liability insurance and provide a binder naming the City of Lake Elsinore as an additional named insured in an amount determined by the City's Risk Manager. Section 17.98.110 Performance Bonds. Performance bonds may be required as a condition of approval of any permit requiring the permittee to execute an agreement with the City of Lake Elsinore secured by a cash bond in the amount necessary to guarantee per- formance of the agreement and to restore the site to its original condition. Section 17.98.120 Variances. Variances or modifications to the strict interpretation of any provisions of this Chapter may be granted by City Council provided it finds that the purpose and intent of this Chapter has been complied with. Section 17.98.130 Appeals. An applicant or any interested per- son may file an appeal from the decision of the City Manager or his designee within ten (10) calendar days of the rendering of such a decision. The appeal must be in writing, on forms pro- vided by the City, and accompanied by a fee as set pursuant to Chapter 3.32 of the Municipal Code. Section 17.98.140 Revocation. Any permit issued pursuant to this Chapter may be summarily revoked and the activity ordered closed by the City Manager or his designee for breach of any of the conditions of the permit or the provisions of this Chapter, or for the violations of any laws of the State if, at any time, the applicant fails to immediately correct any such deficiencies. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on June 9, 1987, and had its second reading on June 23, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: VERMILLION ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE i KI- L:~NN ~'LCA~SAD~CLERK CITY OF LE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne 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. 811, of said Council, and that the same has not been amended or repealed. DATED: June 24, 1987 I n VIC I LY E SAIS, CITY CLERK CITY OF LkR ELSI2dORE (SEAL) NO. 812 AN INTERIM ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, EXTENDING FOR SIX (6) MONTHS A MORATOR- IUM, ON NEW DEVELOPMENT APPROVALS ON PROPERTIES IN THE SOUTHEAST FLOODPLAIN PLANNING AREA, WHICH IS GENERALLY DEFINED BY A BOUNDARY ALONG MISSION TRAIL AND CORYDON ROAD ON THE EAST; TO CEREAL STREET AROUND SKYLARK AIRPORT; THENCE SOUTHWESTERLY TO THE CITY LIMITS AND THEN WESTERLY ALONG THE CITY LIMITS TO THE STATE RECREATION AREA BOUNDARY; THENCE NORTHERLY TO A LINE APPROXIMATELY 1,320 FEET NORTH OF SYLVESTER STREET; THENCE EASTERLY FROM THE STATE RECREATION AREA BOUNDARY TO THE SAN JACINTO RIVER; THENCE ALONG THE SAN JACINTO RIVER AND AROUND THE VOW S SHOPPING CENTER TO LAKESHORE DRIVE. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY FINDS THAT: P 1. The City in conjunction with the Redevelopment Agency is contemplating the development of a land use and circulation plan for the Southeast Floodplain Planning area. 2. Additional development approvals within the Planning Area may conflict with the proposed elements of the contemplated plan. 3. Additional development approvals in the vicinity of Skylark Airport may conflict with the development of an Airport Land Use Compatibility Plan that would provide protection of property and public safety. 4. Pursuant to California government Code Section 65858 current and pending development proposals constitute an immediate threat to adversely impact elements of the contemplated plan, especially the provision of safe and adequate access to public and private lands, thereby constituting a current and immediate threat to the public health, safety, and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE. Any approvals of subdivisions, use permits, variances, design review approvals, or any other applicable entitlement for use which is required in order to comply with the zoning Ordinance shall be prohibited within the Southeast Floodplain Planning Area, as shown in Exhibit A, attached hereto and made a part hereof, until a land use plan for the entire Planning Area is adopted or this interim ordinance or subsequent extensions have expired. SECTION TWO. This ordinance shall become effective upon its adoption and expire on December 24, 1987, unless subsequently extended. PASSED, APPROVED AND ADOPTED this 23rd day of June, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: ABSTENTIONS: COUNCILMEMBERS: COUNCILMEMBERS: ATTEST: Vicki Lyn Kasad, Cit Clerk (SEAL) NONE WINKLER .~ Leo J. Str otte, Mayor APPROVED AS TO FORM AND LEGALITY: ohn R. 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'i. a-. ~ ~,;~ ,._. ~- / !~ rr ~ 1 r f ~f 4r .~rf r , ~r/r. f A'. r 9 r 1 Y rr r. ~'~l3J ') r ,[~ E .r .. r ~r'. /'~'!r / I'f fr y r M 1r r yf ' t N ~~ / ~r r /r // r 11 'r _ ~ r / 1` K r r / -il•-II / ~ fYr .r„r .r, • 1/1 ..... I. _ t~ -r r ,'r~ ~~' yr _~-_ ~ It r --.~! ~ i r r i r. ~ Y r- . r /' (~ 'f''~i y fjf. - ~~ r ~ W7 ~ r r' ~ / f f ~ K / ~ /f F1 1. • Il r SS 4 , :' r r '-.0 /. lyh- r, r r / ', • r / t 'r' r /r rif / 1 ~ '.. :4, ~ r / 0 f-r-~r',~/.~ r~ r v~jj,V (1011 3~J321 .31V1s ~y' r,sr ; s:.., .: ,.;.. ~~ aN~ ~ f_ ~ v :/ j • ;4,/r 1r ~'/ -n ~ U n O ~ L ~ ~ - u, J Q Bn 1 QL~ 1 ~ M ~ ~ `Z ', N x. a ~~ I U~ 0 Z J ~.1 l%1 ~ ~i. r OI 1 .--- I U NO. 813 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, REZONING 0.96 ACRES LOCATED ON THE SOUTH SIDE OF CAMPBELL STREET APPROXIMATELY 230 FEET WEST OF MISSION TRAIL FROM C-P (COMMERCIAL PARK) TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE 87-3 - HAROLD WALKER). THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, Califor- nia, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: 0.96 acres M/L in Lots 5, 6, 7 and 8 MB 006/308 SD Healds First Add to Elsinore. (Assessor's Parcel Number 363-161-013) from C-P (Commercial Park) to C-2 (General Commercial) Zoning District, 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 Zone. SECTION TWO. This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 23rd day of June, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, 41INKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 14th day of July, 1987:, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE /vl/~ L on J. rigotte, Mayor ATT'ES'T`: __ ~l .. f Vicki L. Kasad, City Clerk (SEP.,T~~ APPROVED AS TO FORM AND LEGALITY: 2 John R. Harper, C ty Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on June 23, 1987, and had its second reading on July 14, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI LYNN KA ~ CITY"CLERK CITY OF L~A~E ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE.. ) SS: CITY OF LAKE ELSINORE) 2, Vicki Lynne 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. 813, of said Council, and that the same has not been amended or repealed. DATED: July 15, 1987 ~~`/~j 1 VICKI LYNNE SAD, CITY CLER,K/ CITY OF LAKE LSINORE (SEAL) CITY OF LAKE ELSINORE ORDINANCE NO. 814 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING TITLE 1 OF THE LAKE ELSINORE MUNICIPAL CODE BY REPEALING CHAPTER 1.16 AND ADDING A NEW CHAPTER 1.16 ENTITLED "PENALTY FOR VIOLATION" THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 1.16 of the Lake Elsinore Municipal Code is hereby repealed and deleted and a new Chapter 1.16 is added to read as follows: "Chapter 1.16 PENALTY FOR VIOLATION "Sections• 1.16.010 Penalty 1.16.020 Disposition of Fines and Forfeitures "1.16.010 Penalty. Whenever in this Code or in any other Ordinance of the City, or any rule or regulation promulgated pursuant thereto, any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful or a misdemeanor, where no specific penalty is provided for, the violation of any such provision of this Code or any other Ordinance of the City shall be punishable by a fine not exceeding one thousand ($1,000) dollars or imprison- ment for a term not exceeding six (6) months, or by both such fine and imprisonment; except that notwithstanding any other provisions of this Code, any such violation constituting a misdemeanor may, in the discretion of the City Attorney, be charged and prosecuted as an infraction. Any person convicted of an infraction under the provisions of this Code, shall be punish- able by a fine not exceeding one hundred ($100) dollars for a first violation, a fine not exceeding two hundred ($200) dollars for a second violation of the i same provision within one (1) year, and a fine not exceeding five hundred - ($500) dollars for each additional violation of the same provision within one (1) year; specific fines and bail schedule to be set by resolution of the City Council. Every day any violation of this Code or any other Ordinance of the City shall continue shall constitute a separate offense. Ordinance No. 814 "1.16.020 Disaosition of Fines and Forfeitures. All fines and forfeitures collected upon conviction or upon the forfeiture of bail of any person charged with a violation of any provision of this Code or any other Ordinance of the City, shall be paid into the City treasury. SECTION TWO. This Ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 14th day of July 1987, upon the following roll call vote:. AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE 01 J. TiE, AYOR ITY OF AKE ELSINORE ,,, CITY OF LAKE LSINORE APPROVED AS TO FORM AND LEGALITY: JOHN HARPER, CITY TT RNEY CITY OF LAKE ELSI ORE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 28th day of July 1987, upon the following roll call vote: Ordinance No. 814 AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE J. RIGOTT MAYOR ITY OF LAKE ELSINORE ATTEST: c nr.n_Q~(\K~EaA~CS.X~ L ICKI LYNNE ASAD, CITY CLERK CITY OF LA'Kt ELSINORE APPROVED AS TO FORM AND LEGALITY: ~\ JOHN HARPER, CIT TTORNEY CITY OF LAKE ELS RE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on July 14th 1987, and had its second reading on July 28th 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE .ABSTAIN: COUNCILMEMBERS: NONE VICKI L;t?dNE SAB, CITY CLERK CITY OF LAK ELSINORE (SEAL) __ STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne 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. 814, of said Council, and that the same has not been amended or repealed. DATED: July 29, 1987 2 VICKI LYNNE SAD; CITY CLE K CITY OF T~K ELSINORE (SEAL). ORDINANCE NO. 815 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE LAKE ELSINORE REDEVELOPMENT PROJECT WHEREAS, the Redevelopment Agency of the City of Lake Elsinore hereinafter referred to as the "Agency", has formulated and prepared the proposed Redevel- opment Plan for the Lake Elsinore Redevelopment Project, hereinafter referred to as the "Redevelopment Plan"; and, WHEREAS, the Planning Commission of the City of Lake Elsinore submitted its report and recommendation finding said proposed Redevelopment Plan to be in conformity with the General Plan and recommending approval of said proposed Redevelopment Plan; and, WHEREAS, the Agency has adopted rules governing participation and rules for reasonable reentry preferences to property owners, operators of businesses and tenants in the Project Area; and, WHEREAS, the Agency has adopted a Relocation Method as required by law; and, WHEREAS, the Agency submitted to the City Council of the City of Lake Elsinore, hereinafter referred to as the "City Council", said proposed Redevel- opment Plan; and, WHEREAS, the Agency has submitted the Report to City Council accompanying the Redevelopment Plan to the City Council; and, WHEREAS, that Report describes conditions of blight existing within the Project Area; and, WHEREAS; after due notice, a Joint Public Hearing has been held by the Agency and the City Council; and, WHEREAS, all actions required by law have been taken by all appropriate public agencies; and, WHEREAS, after said joint public hearing, the Agency approved said Redevelopment Plan and recommended adoption of said Redevelopment Plan to the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, does hereby ordain as follows: SECTION 1. The purposes and intent of the City Council with respect to the Lake Elsinore Redevelopment Project Area, hereinafter referred to as the "Project Area" are: a) To eliminate and prevent the spread of physical, social and economic blight and deterioration by acquiring blighted properties for redevelopment to new uses, by constructing essential public improvements, and by providing financial assistance for rehabilitation of existing structures. b) To provide for construction which in turn will provide short-term and long-term employment opportunities and new goods and services for community residents. c) To alleviate conditions of social and economic maladjustment, including: Low per capita income levels, above average poverty and unemploy- ment rates, and higher incidences of criminal activity. d) To improve and expand the community's supply of low and moderate income housing by constructing new housing and rehabilitating existing housing affordable to all income segments of the community. e) To revitalize the decaying Central Business District. SECTION 2. The Redevelopment Plan for the Lake Elsinore Redevelopment Project is hereby approved and adopted and designated as the official Redevelopment Plan for the Lake Elsinore Redevelopment Project Area, and is incorporated herein by reference. SECTION 3. The City Council hereby finds and determines that: a) The Project Area is a blighted area for the reasons described in the Report to the City Council accompanying the Redevelopment Plan, the redevelop- ment of which is necessary to effectuate the public purposes declared in the California Health and Safety Code, Section 33000 et. seq.; b) The Redevelopment Plan will redevelop the Project Area in conformity with the California Health and Safety Code, Section 33000 et. seq. in the interests of the public peace, health, safety and welfare; c) The adoption and carrying out of the Redevelopment Plan is economically sound and feasible; d) The Redevelopment Plan conforms to the General Plan of the Lity of Lake Elsinore; e) The carrying out of the Redevelopment Plan will promote the public peace, health, safety and welfare of the City of Lake Elsinore and will effectuate the purposes and policies of the California Health and Safety Code, Section 33000 et. seq.; f) The condemnation of real property, as provided far in the Redevelop- ment Plan, may be necessary to the execution of the Redevelopment Plan and adequate provisions have been made for payment for property to be acquired as required by law; g) The Agency has adopted a feasible method for the relocation of families and persons who are temporarily or permanently displaced from facilities in the Project Area; h) There are or are being provided in the Project Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons displaced from the Project Area, decent, safe and sanitary dwellings equal in number to the number of and available to such displaced families and persons and reasonably accessible to their places of employment; i) All noncontiguous areas of the Project Area are either blighted or necessary for effective redevelopment and are not included for the purpose of obtaining the allocation of taxes from such area pursuant to Section 33670 without other substantial justification for their inclusion; j) Inclusion of any land, buildings or improvements which are not detrimental to the public health, safety or welfare is necessary for the effec- tive redevelopment of the area of which they are a part; that any such area- included is necessary for effective redevelopment and is not included for the purposes of obtaining the allocation of tax increment revenues from such area pursuant to Health and Safety Code, Section 33670, without other substantial justification for its inclusion; k) The elimination of blight and the redevelopment of the Project Area cannot be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. 1) The effect of tax increment financing will not cause a significant burden or detriment on any taxing agency deriving revenues from the Project Area. SECTION 4. The City Council is satisfied permanent housing facilities will be available within three years from the time occupants of the Project Area are displaced and that pending the development of such facilities, there will be available to such displaced occupants adequate temporary housing facilities at rents comparable to those in the City of Lake Elsinore at the time of their displacement. No persons or families of low and moderate income shall be displaced from residences unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents comparable to those at the time of their displacement. such housing units shall be suitable to the needs of such displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. The Agency shall not displace such person or family until such housing units are available and ready for occupancy. SECTION 5. The Redevelopment Plan for the Lake Elsinore Redevelopment Project Area provides for the expenditure of money by the City of Lake Elsinore in carrying out the Redevelopment Plan, and authorizes the City to finally assist the Agency by way of loans, grants or other financial assistance. The City Council hereby provides that such financial assistance to the Agency shall be made from time to time as the City Council shall determine to be necessary, and that all such financial assistance shall be deemed to be loans to the Agency based on terms to be established by an agreement between the City and Agency, unless the City Council shall provide in specific cases that such assistance shall be treated other than as a loan. SECTION 6. To facilitate the implementation of the Redevelopment Plan hereby approved and adopted, it is found and determined that certain official actions must be taken by the City Council with reference, among other things, to development approvals, the location and relocation of sewer and water facilities, and other public actions and accordingly, the City Council hereby: a) Declares its intention to undertake and complete any proceedings necessary to be carried out by the City of Lake Elsinore under the provisions of the Redevelopment Plan; and, b) Requests the various officials, departments, boards and agencies of the City of Lake Elsinore having administrative responsibilities for the City likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Redevelopment Plan. SECTION 7. All written and oral objections to the Redevelopment Plan hereby are overruled. SECTION 8. The City Clerk hereby is directed to send a certified copy of this Ordinance to the Agency, and the Agency is hereby vested with the responsibility for carrying out the Redevelopment Plan. SECTION 9. The City Clerk hereby is directed to record with the County Recorded of Riverside County a description of the land within the Project Area and a statement that the proceedings for the redevelopment of the Project Area have been instituted under the California Health and Safety code, Section 33000 et. seq. The Agency hereby is directed to effectuate recordation in compliance with the provisions of Section 27295 of the Government Code to the extent applicable. SECTION 10. The Community Development Department is hereby directed for a period of two years after the effective date of this Ordinance to advise all applicants for building permits within the Project Area that the site for which a building permit is sought for the construction of buildings or for other improvements is within a Redevelopment Project Area. SECTION 11. The City Clerk is hereby directed to transmit a copy of the description and statement recorded pursuant to Section 33373 of the Health and Safety Code of the State of California, a copy of this Ordinance and a map or plan indicating the boundaries of the Lake Elsinore Redevelopment Project to the Auditor and Tax Assessor of the County of Riverside; to the officer or officers performing the functions of auditor or assessor for any taxing agencies which, in levying or collecting its taxes, do not use the County Assessment Roll or do not collect their taxes through the County; to the governing body of each of the taxing agencies which levies taxes upon any property in the Lake Elsinore Redevelopment Project and to the State Board of Equalization. Such documents shall be transmitted as promptly as practicable following the adoption of this Ordinance, but in any event, such documents shall be transmitted within thirty (30) days following the adoption of the Redevelopment Plan. SECTION 12 The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published or posted as required by law within fifteen (15) days after its passage. INTRODUCED AND APPROVED UPON FIRST READING this 11th day of August, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS DOMINGUEZ, MATSON, STRIGOTTE VERMILLION NONE WINKLER PASSED, APPROVED AND ADOPTED UPON SECOND READING this 8th day of September, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, STRIGOTTE NOES: COUNCILMEMBERS: VERMILLION ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER J. yam/ R GOTT , MAYOR .CITY OF LAKE ELSINORE ATTEST: ~~ VICKI LYNN KASAD, CITY CLERK CITY OF LAKE ELSINORE APPROVED AS TO FORM AND LEGALITY: `w'I/~~ JOHN R. HARPER, I Y ATTORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on August 11, 1987, and had its second reading on September 8, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS DOMINGUEZ, MATSON, STRIGOTTE, VERMILLION NONE WINKLER i V..¢;. ~~Jk~~ VICKI LY.1vN KASAB, CITY CLERK CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne 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. 815, of said Council, and that the same has not been amended or repealed. DATED: September 10, 1987 ~~ ~~ 2.~~. ~~ VICKI LYNN KASAD, CITY CLERK CITY OF L~AI~E ELSINORE (SEAL) ORDINANCE NO. 816 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, REZONING 0.75 ACRES LOCATED ON THE NORTH SIDE OF LINCOLN STREET, APPROXIMATELY 103 FEET WEST OF ROBIN DRIVE, FROM R-3 (HIGH DENSITY RESI- DENTIAL) TO R-2 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT (ZONE CHANGE 87-4 - RODNEY G. PENCE) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORMA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, Califor- nia, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: 0.25 acres and 0.50 acres in Por Lot 21 Block B MB 008/377 SD Map Subs in Elsinore, respectively. (Assessor's Parcel Numbers 379-173-008, -009) from R-3 (High Density Residential) to R-2 (Medium Density Resi- dential) Zoning District, and the said real property shall here- after be subject to the provisions and regulations of the Zoning Ordinance relating to property located within such R-2 Zone. SECTION TWO. This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 28th day of July, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: PJONE ABSTENTIONS: COUNCILMEMBERS: NONE // // // // PASSED, APPROVED AND ADOPTED UPON SECOND READING this 11th day of August, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE A TEST: ` o Vicki_L. Kasad, City Clerk Leo Stri te, Mayor APPROVED AS TO John R. AND LEGALITY: City A (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on July 28th 1987, and had its second reading on August 11th 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI YNNE O, C Y C ERK CITY OF I,F,k ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne 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. 816, of said Council, and that the same has not been amended or repealed. DATED: August 12, 1987 i r ~C3~n~I$~E SAD, CITY CL K CITY OF LAK ELSINORE (SEAL) NO. 817 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, REZONING 2.19 ACRES LOCATED ON THE SOUTH- ERLY CORNER OF CENTRAL AVENUE AND DEXTER STREET FROM R-R-O (RURAL RESIDENTIAL-OUTDOOR ADVERTISING TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE 87-5 ART NELSON, BROOKSTONE DEVELOPMENT, INC.) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORMA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, Califor- nia, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: 2.19 acres, Lots "G", "H", "I", "J" "F", "E" MB 014/099 Famlee Tract (Assessor's Parcel Numbers 377-030- 008, 009, 010, 011, 012, 013, 030, 045 and 046) from R-R-O (Rural Residential - Outdoor Advertising) to C-2 (General Commercial) Zoning District, 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 Zone. SECTION TWO. This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 11th day of August, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOf~INCUEZ, MATSON, VERMILLION, 41INKLEP., STRIGOTTE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 9th day of September, 1987 ~ upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, tJINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE eon iqo e, Mayor ATTEST: ~ i Vicki Lynne asad City Cle k (SEAL) APPROVED AS TO FORM AND LEGALITY: John R. Harper, C ty Attorney -2- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on August 11, 1987, and had its second reading on September 8, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 4IC I LYNNE C(J K CITY OF LAi~ ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne 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. 817, of said Council, and that the same has not been amended or repealed. DATED: September 10, 1987 (\ l ~~ VICKI LYNNE SAD, CITY CLERK CITY OF'LAKE LSINORE (SEAL) ORDINANCE NO. 818 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTIONS 17.98.080 AND 17.98.090 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING OVERNIGHT CAMPING AND SALE OR DISPENSING OF ALCOHOLIC BEVERAGES, RESPECTIVELY, IN CONJUNCTION WITH TEMPORARY OUTDOOR ACTIVITIES. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: Section 17.98.080 and Section 17.98.090 of the Lake Elsinore Municipal Code are hereby amended to read as follows: "Section 17.98.080 Overnight Camping. Overnight camping may only be permited by specific approval of the City Manager or his designee and shall comply with the following guidelines: "A. Overnight camping may be permitted only for persons putting on the activity, participants in the event or activity, or security personnel. However, security personnel shall be limited to not exceed two (2) recreational vehicles for a Major Outdoor Activity and one (1) recreational vehicle for all other activities. "B. Overnight camping shall be limited to only fully self-contained vehicles which have toilet facilities. "C. overnight camping shall not be allowed at any location more than twice a year. "D. Any overnight camping shall obtain approvals from the County Health Department and comply with all recommendations and conditions.. "E. Any overnight camping shall obtain a permit from the City and pay required permit fees. Except for security personnel as provided in #l, any overnight camping shall be subject to obtaining a temporary trailer park permit and compliance with all applicable provisions of California Administrative Code, Title 25." "Section 17.98.090 Sale or Disnensina of Alcoholic Beveraaes. Sale or dispensing of alcoholic beverages may only be permitted by specific approval of the City Manager or his designee and shall comply with the following guidelines. "A. Anyone proposing to sell or otherwise serve alcoholic beverages at any Temporary Outdoor Activity, as defined in Chapter 17.98 of the Lake Elsinore Municipal Code, shall make applicatiion to the Sheriff's Department for review and recommendations. "B. A temporary license must be obtained from Alcoholic Beverage Control. "C. All conditions and recommendations of the Sheriff's Department and Alcoholic Beverage Control and the City shall be complied with. The Sheriff's Department may require the provision of Sheriff's deputies at any event where alcoholic beverages are served. A minimum of one (1) off-duty deputy shall be required where more than 100 people are anticipated to attend unless specifically waived by the Sheriff's Department." SECTION TWO: This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 25th day of August, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: VERMILLION ABSENT: COUNCILP~EMBERS: MATSON ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED THIS day of September, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: VERMILLION ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE ATTEST: ~') ~ ~ J b"ic'xi Lynne sad, City Cler (SEAL) APPROVED AS TO FORM AND LEGALITY: ~~ John R. arpe , City Attorney v Leon Stri te, Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on August 25, 1987, and had its second reading on September 8, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS DOMINGUEZ, MATSON, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: \r~ ~~°~- VICKI LI'NIz?E SAD, CIT CLERK CITY OF LAKE LSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) VERMILLION NONE NONE I, Vicki Lynne 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. 818, of said Council, and that the same has not been amended or repealed. DATED: September 10, 1987 i LYNPdE SAD, CITY CLER, CITY OF LAK ELSINORE (SEAL) ORDINANCE N0. 819 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. ~- THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That an amendment to the Contract between the City Council of the City of Lake Elsinore and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amend- ment being attached hereto, marked "Exhibit A", and by such reference made a part hereof as though herein set out in full. SECTION 2. The Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION 3. This Ordinance shall take effect thirty days after the date of its adoption, and prior to the expiration of ten days from the passage thereof shall be published at least one in the Sun Tribune, a newspaper of general circulation, published and circulated in the City of Lake Elsinore and thenceforth and thereafter the same shall be in full force and effect. ADOPTED AND APPROVED this 27th day of October, 1987, upon the following roll call vote: AYES: COUNCILP1EMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING, this 10th day of Novem. of 1987, on the following roll call vote: AYES: COUNCILPIEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILf4EMBERS: NONE 1 ON J. STRIGO , MAYOR CITY 0~ LAKE ELSINORE TEST: VICKI LYNN KASAD, CITY CLE K CITY `OF fA3 ELSINORE APPROVED AS TO FORM: JOHN HA PER TY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on October 27, 1987, and had its second reading on November 10, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE YNNE SAD, CITY CLERK CITY OF-LAKE LSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne 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. 819, of said Council, and that the same has not been amended or repealed. DATED: November 10, 1987 1 - r~' CKI LYNNE SAD, CITY CLERK CITY OF LAK ELSINORE (SEAL) ORDINANCE NO. 820 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 9.95 TO THE LAKE ELSINORE MUNICIPAL CODE, RELATING TO THE PROHIBITION OF THE BRANDISHING OF REPLICA OR FACSIMILE FIREARMS. WHEREAS, the brandishing of replica or facsimile firearms in a threatening manner with the intent to frighten and/or in the presence of any public safety officer engaged in the performance of his or her duties represents a significant threat to the public health, safety and welfare; and, WHEREAS, said brandishing of replica or facsimile of firearms is not presently considered in the Lake Elsinore Municipal Code; and, WHEREAS, the City Council for the City of Lake Elsinore desires to make brandishing of replica or facsimile of firearms unlawful; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY ORDAINS AS FOLLOWS: 1. That the foregoing Recitals are true and correct. 2. Chapter 9.95 is hereby added to the City of Lake Elsinore Municipal Code to read as follows: Chapter 9.95 REPLICA FIREARMS Section 9.95.020 Brandishina. Except in self-defense, no person shall draw, exhibit, or brandish a replica or facsimile of a firearm or simulate a firearm in a rude, angry, or threatening manner, with the intent to frighten, vex, harass, or annoy any other person. Section 9.95.030 Brandishina a Replica Firearm in the Presence of a Public Safety Officer. No person shall draw, exhibit, or brandish a replica or facsimile of a firearm or simulate a firearm in the presence of a peace officer, firefighter, emergency medical technician or paramedic engaged in the performance of his or her duties, and the person committing Page 2 Ordinance No. 820 such brandishing knows or has such reason to know that such police officer, firefighter, emergency medical technician, or paramedic is engaged in the performance of his or her duties. Section 9.95.040 Definitions. The following terms shall have the following definitions for the purposes of this Chapter. A. "Firearm" shall have the same meaning as the term "firearm" under the Dangerous Weapons Control Law of the State of California. B. "Replica or facsimile of a firearm" shall mean any device or object made of plastic, wood, metal, or any other material which is a replica, facsimile, or toy verson of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, or any other firearm as used in this section, "replica or facsimile of a firearm" shall include, but is not limited to, toy guns, movie props, hobby models (either in kit form or fully assembled), starter pistols, air guns, inoperative firearms, or any other device which might reasonably be perceived to be real firearm. INTRODUCED AND PASSED UPON FIRST READING THIS 10th day of November, 1987, upon the first roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, STRIGOTTE VERMILLION NONE NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING THIS 24th day of November, 1987 upon the following roll call vote: AYES: CoUNCILMEMBERS: DOMINGUEZ, MATSON, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: VERMILLION Page 3 Ordinance No. 820 ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE ~~ N J. RI OTTE YOR CITY OF LAKE ELSINORE ATTEST: r f ,' VICKI ~,YN E KASAD, CITY CLERK CITY GF' KE ELSINORE APPROVED AS TO FORM AND LEGALITY: JOHN R. HARPER, I Y ATTORNEY CITY OF LAKE ELSIN RE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on November 10, 1987, and had its second reading on November 24, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: CITY OF (SEAL) NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) DOMINGUEZ, MATSON, WINKLER, STRIGOTTE VERMILLION NONE NONE I, Vicki Lynne 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. 820, of said Council, and that the same has not been amended or repealed. DATED: November 25, 1987 CLERK CITY OF (SEAL) ELSINORE ORDINANCE NO. 821 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING ORDINANCE NO. 673 PERTAINING TO THE PARKING AND BUSINESS IMPROVEMENT AREA WITHIN THE CITY OF LAKE ELSINORE. RECITALS WHEREAS, pursuant to Ordinance No. 673 adopted on or about July 26, 1983, jli the City Council of the City of Lake Elsinore did establish a Parking and __ Business Improvement Area pursuant to Streets and Highways Code Section 36525; and, WHEREAS, the City Council of the City of Lake Elsinore desires to amend that Ordinance in order to provide credit for businesses performing services authorized under the Ordinance; NOW, THEREFORE, the City Council of the City of Lake Elsinore does hereby ordain as follows: SECTION 1: The foregoing Recitals are true and correct. SECTION 2: Section 5 of Ordinance No. 673 is hereby amended to read as follows: "Section 5. Zone 1 - Businesses licensed under the "general" classification by the City will pay two times their current business license tax. This in- cludes retail sales, general service, peddlers, auctions, clubs and telegraph companies. All other businesses in Zone 1 will pay one time their current business license tax. Zone 2 - Businesses licensed under the "general" classification by the City will pay one time their current business license tax. All other businesses in Zone 2 will pay one-half their current business license tax. Businesses which provide proof in a form satisfac- tory to the City that said business has performed services at its own cost, such cost being in excess STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS :. CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on December 8, 1987, and had its second reading on December 22, 1987, and was passed by the following vote: AYES; COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE C ~~AKI LYNND, CITY C ERK CITY OF LASE ELSINORE {SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne 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. 821, of said Council, and that the same has not been amended or repealed. DATED: December 23, 1987 ~~ K_ LYN KASAD, CITY CLERK CITY OF I E ELSINORE (SEAL) ORDINANCE N0. 822 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING A PORTION OF ORDINANCE N0. 380. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE. Article 3, section 3.08.070 of Ordinance No. 380 and Lake Elsinore Municipal Code Section 3.08.070 are hereby amended as follows: "Purchases of supplies, services, equipment and the sale of personal property shall be by bid procedures pursuant to Sections 3.08.100 and 3.08.110. Bidding shall be dispensed with only when an emergency requires that an order be placed with the nearest available source of supply , when the amount involved is less than one thousand dollars, or when the commodity can be obtained from one vendor." SEC'T'ION Tin~O. Article 3, Section 3.08.100, of Ordinance No. 380 and Lake Elsinore Municipal Code Section 3.080.100 are amended as follows: "Ekcept as otherwise provided in this chapter, purchases and contracts for supplies, services, equipment and the sale of personal property of estimated value greater than five thousand dollars shall be by written contract with the lowest or highest responsible bidder, as the case may be, pursuant to the procedure prescribed herein." SECTION THREE. Article 3, Section 3.08.110, of Ordinance No. 380 and Lake Elsinore Municipal Code Section 3.080.110 are amended as follows: "Purchases of supplies, equipment, contractual services, and sales of personal property of an estimated value in the amount of five thousand dollars or less may be made by the purchasing officer in the open ', market without observing the procedure prescribed by Section 3.08.100. INTRODUCID AND PASSID UPON FIRST READING THIS 8TH day of December 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, P1ATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUfuCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSID, APPROVED AND ADOPTID UPON SECOND READING this 22nd day of December , 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT; COUNCILMEMBERS: NONE p,BgTEN'pIONg: COUNCILMEMBERS: NONE S ig e, Mayor TTEST:: Vicki Kasad, City lerk (SEAL) A\PPR1O/V~E,~D',AS TD FORM: vVY~/l, John Harper, Ci y Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on December 8, 1987, and had its second reading on December 22, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE VICKI LYNNE KASAD, CITY CLERK CITY OF LA ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne 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. 822, of said Council, and that the same has not been amended or repealed. DATED: December 23, 1987 ~~ ~~ VICKI LYNNE KASAD, CITY CLERK CITY OF LAK ELSINORE (SEAL) NO. 823 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, REZONING 1.31 ACRES LOCATED BETWEEN CASINO (VISTA DEL LAGO) DRIVE AND MISSION TRAIL APPROXI- MATELY 900 FEET EASTERLY OF RAILROAD CANYON ROAD FROM C-1 (NEIGHBORHOOD COMMERCIAL) TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE 87-8 - OLIVER WINSTON TIRE COMPANY, INC.) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALI- FORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE: ZONING RECLASSIFICATION The Zoning Map of the City of Lake Elsinore, Califor- nia, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: 1.31 acres M/L in Por Blocks 12 and 17 MB 006/308 SD Healds First Addition to Elsinore and Por Par 1 PM 126/017 PM 19767 (Assessor's Parcel Number 363-170-080) from C-1 (Neighborhood Commercial) to C-2 (General Commercial) Zoning District, 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 Zone. SECTION TWO. This ordinance shall become effective as provided by law. INTRODUCED AND APPROVED UPON FIRST READING this 8th day of December, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS:- NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22nd day of December, 1987, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE .~t'~- Leo J. S rigor. e, Mayor (SEAL) APPROVED AS TO FORM AND LEGALITY: John R. Harpe , City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on December 8, 1987, and had its second reading on December 22, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE i. ~~~ VICKI LYNNE SAD; CITY CLERK CITY OF LAKE LSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne 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. 823, of said Council, and that the same has not been amended or repealed. DATED: December 23, 1987 VICKI~LYNNE SAD", CITY CL R CITY OF LAK ELSINORE (SEAL) NO. 824 AN INTERIM ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, EXTENDING FOR SIX (6) MONTHS A MORATOR- IUM, ON NEW DEVELOPMENT APPROVALS ON PROPERTIES IN THE SOUTHEAST FLOODPLAIN PLANNING AREA, WHICH IS GENERALLY DEFINED BY A BOUNDARY ALONG MISSION TRAIL AND CORYDON ROAD ON THE EAST; TO CEREAL STREET AROUND SKYLARK AIRPORT; THENCE SOUTHWESTERLY TO THE CITY LIMITS AND THEN WESTERLY ALONG THE CITY LIMITS TO THE STATE RECREATION AREA BOUNDARY; THENCE .NORTHERLY TO A -LINE APPROXIMATELY 1,320 -FEET NORTH OF SYLVESTER STREET; THENCE EASTERLY FROM THE STATE RECREATION AREA BOUNDARY TO THE SAN JACINTO RIVER; THENCE ALONG THE SAN JACINTO RIVER AND AROUND THE VOW S SHOPPING CENTER TO LAKESHORE DRIVE. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY FINDS THAT: 1. The City in conjunction with the Redevelopment Agency is contemplating the development of a land use and circulation plan for the Southeast Floodplain Planning area. '2. Additional development approvals within the Planning Area may conflict with the proposed elements of the contemplated plan. 3. Additional development approvals in the vicinity of Skylark Airport may conflict with the development of an Airport Land Use Compatibility Plan that would provide protection of property and public safety. 4. Pursuant to California government Code Section 65858 current and pending development proposals constitute i an immediate threat to adversely impact elements of the contemplated plan, especially the provision of safe and adequate access to public and private lands, thereby constituting a current and immediate threat to the public health, safety, and welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION ONE. Any approvals of subdivisions, use permits, variances, design review approvals, or any other applicable entitlement for use which is required in order to comply with the zoning Ordinance shall be prohibited within the Southeast Floodplain Planning Area, as shown in Exhibit A, attached hereto and made a part hereof, until a land use plan for the entire Planning Area is adopted or this interim ordinance or subsequent extensions have expired. SECTION TWO. This ordinance shall become effective upon its adoption and expire on June 24, 1988, unless subsequently extended. PASSED, APPROVED AND ADOPTED this 22nd day of December, 1988, upon the following roll call vote: AYES: COUNCILMEMBERS: DOMINGUEZ, P1ATSON, VERMILLION, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: WINKLER Leon trig e, Mayor (SEAL) APPROVED AS TO FORM AND LEGALITY: ~1IY~ John R. Harper, 'ty Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on December 22, 1987, and had its second reading on December 22, 1987, and was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION WINKLER, STRIGOTTE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE '~, /i VICKI LYNNE SAD, CITY CLERK CITY OF LAK ELSIP70RE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne 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. 824, of said Council, and that the same has not been amended or repealed. 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